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Below are the ability to pay laws that meet your search criteria. Many include a See related provisions prompt which searches our database for laws that may pertain to your result.
27 Results
State | Statute | Description/Statute Name | Statutory language | Level of offense | Definition of ability to pay | Timeline | Burden of proof | Method of determination | Mandatory | Remedies if unable to pay | |
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Connecticut | Conn. Gen. Stat. § 54-56i(g) | Pretrial drug education and community service program. |
No person may be excluded from any such program for inability to pay such fee or cost, provided (1) such person files with the court an affidavit of indigency or + See moreinability to pay, (2) such indigency or inability to pay is confirmed by the Court Support Services Division, and (3) the court enters a finding thereof. The court may waive all or any portion of such fee depending on such persons ability to pay. If the court finds that a person is indigent or unable to pay for a substance abuse treatment program, the costs of such program shall be paid from the pretrial account established under section 54-56k.
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All |
indigency |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | Yes |
costs of such program shall be paid from the pretrial account |
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Connecticut | Conn. Gen. Stat. § 17a-696(e) | Order for suspension of prosecution and treatment for alcohol or drug dependency. |
. . . (4) the accused person, unless such accused person is indigent, has paid to the clerk of the court an administration fee of twenty-five dollars. |
All |
indigent |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
waiver of fee |
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Connecticut | Conn. Gen. Stat. § 17a-696(e) | Order for suspension of prosecution and treatment for alcohol or drug dependency. |
The accused person shall, unless indigent, pay the cost of treatment ordered under this section. |
All |
indigent |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
waiver of cost of treatment |
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Connecticut | Conn. Gen. Stat. § 54-56e(e) | Accelerated pretrial rehabilitation |
. . . No person may be excluded from such program for inability to pay such fee, provided (1) such person files with the court an affidavit of indigency or inability to pay, (2) such indigency or inability to pay is confirmed by the Court Support Services Division, and (3) the court enters a finding thereof.
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All |
indigency |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | Yes |
admission to program without paying fees |
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Connecticut | Conn. Gen. Stat. § 54-56g(g) | Pretrial alcohol education program (victim impact panel program fees) |
. . . provided such organization shall offer a hardship waiver when it has determined that the imposition of a fee would pose an economic hardship for such person. |
All |
economic hardship |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
hardship waiver |
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Connecticut | Conn. Gen. Stat. § 54-56g(c) | Pretrial alcohol education program |
. . . No person may be excluded from either program for inability to pay such fee or cost, provided (1) such person files with the court an affidavit of indigency or inability to pay, (2) such indigency or inability to pay is confirmed by the Court Support Services Division, and (3) the court enters a finding thereof. If the court finds that a person is indigent or unable to pay for a treatment program, the costs of such program shall be paid from the pretrial account established under section 54-56k. If the court finds that a person is indigent or unable to pay for an intervention program, the court may waive all or any portion of the fee for such intervention program.
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All |
indigency |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | Yes |
costs of such program shall be paid from the pretrial account |
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Connecticut | Conn. Gen. Stat. § 54-56j(f) | Pretrial school violence prevention program. |
. . . no student shall be excluded from such program for inability to pay such cost provided (1) the parent or guardian of such student files with the court an affidavit of indigency or inability to pay, and (2) the court enters a finding thereof.
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All |
indigency |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | Yes |
admission to program without paying fees |
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Connecticut | Conn. Gen. Stat. § 54-125f(d) | Pilot zero-tolerance drug supervision program. |
. . . if the participant is determined to be indigent, based upon financial affidavits, the Board of Pardons and Paroles shall pay the cost of the test |
All |
indigent, based upon financial affidavits |
Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
Department of Correction shall pay the cost |
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Connecticut | Conn. Gen. Stat. § 46b-38c(i) | Pretrial family violence education program; fees. |
. . . no person shall be excluded from such program for inability to pay any such fee, provided (1) the person files with the court an affidavit of indigency or inability to pay, and (2) the court enters a finding thereof
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All |
indigency |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | Yes |
admission to program without paying fees |
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Connecticut | Conn. Gen. Stat. § 18-100e(d) | Pilot zero-tolerance drug supervision program (urinalysis fee) |
(d) Any person who has submitted to a urinalysis drug test pursuant to subsection (c) of this section that produced a positive result may request that a second urinalysis drug test be administered, at such persons expense, to confirm the results of the first test, except that if the participant is determined to be indigent, based upon financial affidavits, the Department of Correction shall pay the cost of the test. The second drug test shall be a urinalysis drug test, separate and independent of the initial test.
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All |
indigent, based upon financial affidavits |
Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
Department of Correction shall pay the cost |
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Connecticut | Conn. Gen. Stat. § 53a-28(c) | Authorized sentences. |
. . . In determining the appropriate terms of financial restitution, the court shall consider: (A) The financial resources of the offender and the burden restitution will place on other obligations of the offender; (B) the offenders ability to pay based on installments or other conditions; (C) the rehabilitative effect on the offender of the payment of restitution and the method of payment; and (D) other circumstances, including the financial burden and impact on the victim, that the court determines make the terms of restitution appropriate. If the court determines that the current financial resources of the offender or the offenders current ability to pay based on installments or other conditions are such that no appropriate terms of restitution can be determined, the court may forego setting such terms.
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All |
current financial resources of the offender or the offenders current ability to pay based on installments or other conditions are such that no appropriate terms of restitution can be determined |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
The court may forgo setting restitution |
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Connecticut | Conn. Gen. Stat. § 53a-39c(b) | Community service labor program. |
. . . no person may be excluded from such program for inability to pay such fee, provided (1) such person files with the court an affidavit of indigency or inability to pay, (2) such indigency is confirmed by the Court Support Services Division, and (3) the court enters a finding thereof.
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All |
indigency |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | Yes |
admission to program without paying fees |
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Montana | Mont. Code Ann. § 45-5-206(5) | Partner or Family Member Assault -- Penalty |
In addition to any sentence imposed under subsections (3) and (4), after determining the financial resources and future ability of the offender to pay restitution as provided for in 46-18-242, + See morethe court shall require the offender, if able, to pay the victim's reasonable actual medical, housing, wage loss, and counseling costs.
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Felony | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
No payment of fee |
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Montana | Mont. Code Ann. § 45-5-206(6) | Partner or Family Member Assault -- Penalty |
In addition to the requirements of subsection (5), if financially able, the offender must be ordered to pay for the costs of the offender's probation, if probation is ordered by + See morethe court.
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Felony | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
No payment of fee |
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Montana | Mont. Code Ann. § 45-5-503(5) | Sexual intercourse without consent |
In addition to any sentence imposed under subsection (2) or (3), after determining the financial resources and future ability of the offender to pay restitution as required by 46-18-242, the + See morecourt shall require the offender, if able, to pay the victim's reasonable medical and counseling costs that result from the offense. The amount, method, and time of payment must be determined in the same manner as provided for in 46-18-244.
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Felony | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Lower restitution amounts or alternative forms of restitution may be available |
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Montana | Mont. Code Ann. § 45-5-507(6) | Incest |
In addition to any sentence imposed under subsection (3), (4), or (5), after determining the financial resources and future ability of the offender to pay restitution as required by 46-18-242, + See morethe court shall require the offender, if able, to pay the victim's reasonable costs of counseling that result from the offense. The amount, method, and time of payment must be determined in the same manner as provided for in 46-18-244.
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Felony | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Lower restitution amounts or alternative forms of restitution may be available |
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Montana | Mont. Code Ann. § 45-5-621(3) | Nonsupport |
If a defense to the charge of nonsupport is inability to pay, the person's inability must be the result of circumstances over which the person had no control. In determining + See moreability to pay, after an allowance for the person's minimal subsistence needs, the support of a spouse, child, or other dependent has priority over any other obligations of the person.
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Misdemeanor, Felony | Not provided for | Before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | Yes |
This is a defense in a nonpayment case |
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Montana | Mont. Code Ann. § 45-5-621(13) | Nonsupport |
The court may order that a term of imprisonment imposed under this section be served in another facility made available by the county and approved by the sentencing court. The + See moreoffender, if financially able, shall bear the expense of the imprisonment.
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Felony | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
No payment of fee |
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Montana | Mont. Code Ann. § 45-5-627(4) | Ritual abuse of minor--exceptions--penalty |
In addition to any sentence imposed under subsection (3), after determining pursuant to 46-18-242 the financial resources and future ability of the offender to pay restitution, the court shall require + See morethe offender, if able, to pay the victim's reasonable costs of counseling that result from the offense. The amount, method, and time of payment must be determined in the same manner as provided for in 46-18-244.
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Felony | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Lower restitution amounts or alternative forms of restitution may be available |
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Montana | Mont. Code Ann. § 45-6-101(2) | Criminal Mischief |
A person convicted of criminal mischief must be ordered to make restitution in an amount and manner to be set by the court. The court shall determine the manner and + See moreamount of restitution after full consideration of the convicted person's ability to pay the restitution. Upon good cause shown by the convicted person, the court may modify any previous order specifying the amount and manner of restitution. Full payment of the amount of restitution ordered must be made prior to the release of state jurisdiction over the person convicted.
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Misdemeanor | Not provided for | Before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | Yes |
Determine amount of restitution accordingly. |
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