50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
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
State
- Alabama (0)
- Alaska (0)
- Arizona (0)
- Arkansas (0)
- California (5)
- Colorado (0)
- (-) Connecticut (12)
- Delaware (1)
- Florida (2)
- Georgia (2)
- Hawaii (3)
- Idaho (1)
- Illinois (3)
- Indiana (6)
- Iowa (1)
- Kansas (2)
- Kentucky (5)
- Louisiana (0)
- Maine (1)
- Maryland (0)
- Massachusetts (14)
- Michigan (1)
- Minnesota (0)
- Mississippi (1)
- Missouri (2)
- Montana (13)
- Nebraska (0)
- Nevada (0)
- New Hampshire (2)
- New Jersey (1)
- New Mexico (0)
- New York (1)
- North Carolina (0)
- (-) North Dakota (5)
- Ohio (0)
- Oklahoma (1)
- Oregon (2)
- Pennsylvania (0)
- Rhode Island (0)
- South Carolina (9)
- South Dakota (0)
- Tennessee (3)
- Texas (4)
- Utah (0)
- Vermont (3)
- Virginia (5)
- Washington (1)
- Washington DC (3)
- West Virginia (9)
- Wisconsin (0)
- Wyoming (7)
Keyword search
Reset
Reset all filtersTimeline
Burden of proof
Method of determination
Mandatory
Narrrow results
Level of Offense
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.
17 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 | |
|---|---|---|---|---|---|---|---|---|---|---|---|
|
Add to Dashboard
|
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.
|
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 |
|
Add to Dashboard
|
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 |
|
Add to Dashboard
|
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 |
|
Add to Dashboard
|
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.
|
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 |
|
Add to Dashboard
|
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 |
|
Add to Dashboard
|
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.
|
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 |
|
Add to Dashboard
|
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.
|
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 |
|
Add to Dashboard
|
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 |
|
Add to Dashboard
|
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
|
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 |
|
Add to Dashboard
|
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.
|
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 |
|
Add to Dashboard
|
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.
|
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 |
|
Add to Dashboard
|
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.
|
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 |
|
Add to Dashboard
|
North Dakota | N.D. Cent. Code § 27-01-10(3) | Fee assessments for funding crime victim and witness programs |
The district or municipal judge may assess the fee when sentence is imposed or when sentence is suspended or imposition of sentence is deferred, unless the defendant is indigent and + See moreunable to pay the fee.
|
All |
indigent and unable to pay the fee |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
fee is not assessed |
|
Add to Dashboard
|
North Dakota | N.D. Cent. Code § 12.1-32-08(4)(a) | Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation |
Under section 12.1-32-07, the court may order that the defendant reimburse indigent defense costs and expenses as a condition of probation. Unless it finds that there is no likelihood that + See morethe defendant is or will be able to pay attorney's fees and expenses, the court, in its judgment of conviction, and in any order or amended judgment following a revocation or other postjudgment proceeding, shall notify the defendant, the defendant's probation officer, and the prosecuting attorney of the presumed amount of costs and expenses to be reimbursed, as determined by the commission on legal counsel for indigents, and of the right to a hearing on the reimbursement amount. The reimbursement amount must include an application fee imposed under section 29-07-01.1 if the fee has not been paid before disposition of the case and the court has not waived payment of the fee. If the defendant or prosecutor requests a hearing within thirty days of receiving notice under this subdivision, the court shall schedule a hearing at which the actual amount of attorney's fees and expenses must be shown. In determining the amount and method of reimbursement, the court shall consider the financial resources of the defendant and the nature of the burden that reimbursement of costs and expenses will impose.
|
All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
reimbursement is waived |
|
Add to Dashboard
|
North Dakota | N.D. Cent. Code § 12.1-32-02.2(1) | Repayment of rewards paid by crimestoppers programs--Duties of attorney general--Qualified local programs--Disbursement of moneys collected |
1. After a defendant has been convicted of a felony, the court may order the defendant to repay all or part of any reward paid by a qualified local program. + See moreIn determining whether the defendant must repay the reward or part of the reward, the court shall consider: a. The ability of the defendant to make the payments, including any financial hardship that payment may cause to the defendant's dependents.
|
Felony |
ability of the defendant to make the payments, including any financial hardship that payment may cause to the defendant's dependents |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
defendant pays part or non of the reward |
|
Add to Dashboard
|
North Dakota | N.D. Cent. Code § 12.1-32-05 | Imposition of fine--Response to nonpayment |
1. The court, in making a determination of the propriety of imposing a sentence to pay a fine, shall consider the following factors: a. The ability of the defendant to + See morepay without undue hardship.
|
All |
ability of the defendant to pay without undue hardship |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
fine not imposed |
|
Add to Dashboard
|
North Dakota | N.D. Cent. Code § 12.1-32-08(4)(a) | Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation |
Under section 12.1-32-07, the court may order that the defendant reimburse indigent defense costs and expenses as a condition of probation. Unless it finds that there is no likelihood that + See morethe defendant is or will be able to pay attorney's fees and expenses, the court, in its judgment of conviction, and in any order or amended judgment following a revocation or other postjudgment proceeding, shall notify the defendant, the defendant's probation officer, and the prosecuting attorney of the presumed amount of costs and expenses to be reimbursed, as determined by the commission on legal counsel for indigents, and of the right to a hearing on the reimbursement amount
|
All |
there is no likelihood that the defendant is or will be able to pay attorney's fees and expense |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
costs may not be imposed |
The Criminal Justice Debt Reform Builder is a project of the National Criminal Justice Debt Initiative of the Criminal Justice Policy Program at Harvard Law School in collaboration with the Berkman Klein Center for Internet & Society at Harvard University and with user experience design by metaLAB (at) Harvard.
For more information, please visit cjpp.law.harvard.edu.