Ability to Pay

Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.

Every law can be saved to the Reform Builder  

See all ability to pay policy recommendations in CJPP’s Policy Guide

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

Export results to Excel

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
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
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. The court may waive all or any portion of such fee depending on such person’s 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.
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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
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.

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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
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.

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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
an affidavit of indigency or inability to pay, and (2) the court enters a finding thereof.

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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
or inability to pay, and (2) the court enters a finding thereof

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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
test be administered, at such person’s 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.

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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
obligations of the offender; (B) the offender’s 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 offender’s 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.

All

current financial resources of the offender or the offender’s 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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
inability to pay, (2) such indigency is confirmed by the Court Support Services Division, and (3) the court enters a finding thereof.

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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
the court shall require the offender, if able, to pay the victim's reasonable actual medical, housing, wage loss, and counseling costs.
Felony Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

No payment of fee

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
the court.
Felony Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

No payment of fee

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
court 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.
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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
the 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.
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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
ability 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.
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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
offender, if financially able, shall bear the expense of the imprisonment.
Felony Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

No payment of fee

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
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.
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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
amount 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.
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.