Ability to Pay

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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.

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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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Delaware 10 Del. C. § 8601(c) Recoupment of Costs

The court shall not require a defendant to pay the costs of defense unless the defendant is, or will be, able to pay them. In determining the amount and method

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of payment of such costs, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose.

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"The court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose."

Before imposition of fine or fee Not provided for Determined by judge without hearing Yes

Defendant Not Required to Pay.

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Mississippi Miss. Code Ann. § 99-19-20 (2) Fines; payment; indigent defendants; inability to work or unavailability of work
The defendant shall not be imprisoned if the defendant is financially unable to pay a fine and so states to the court in writing, under oath, after sentence is pronounced,
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and the court so finds
All Not provided for At defendant's request at enforcement Burden on defendant to show inability to pay Other Yes

work for the county

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Mississippi Miss. Code Ann. § 63-11-31 (7)(a) Interlock Device Fund
The Department of Public Safety shall promulgate rules and regulations for the use of monies in the Interlock Device Fund to offset the cost of device installation and operation by
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and court-ordered drug testing of indigent offenders.
Misdemeanor

inadequate resources to pay; participation in public assistance programs

Not provided for Burden on government to show ability to pay Administrative decision Yes

Interlock Device Fund

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Mississippi Miss. Code Ann. § 47-7-49 (1) hardship waiver
A hardship waiver may be granted by the sentencing court or the Department of Corrections. A hardship waiver may not be granted for a period of time exceeding ninety (90)
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days. 
Misdemeanor

inability to pay

At defendant's request at enforcement Not provided for Not provided for Yes

hardship waiver

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Mississippi Miss. Code Ann. § 47-5-1007 (1)(a) Waiver The department may waive the monthly fee if the offender is a full-time student or is engaged in vocational training. Misdemeanor

full-time student

Not provided for Not provided for Not provided for Yes

waiver

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Mississippi Miss. Code Ann. § 47-5-1007 (1)(b) sliding scale based on a sliding scale using the standard of need for each family that is used to calculate TANF benefits Misdemeanor

TANF benefits recipient

Not provided for Not provided for Other Yes

sliding scale for payment

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Mississippi Miss. Code Ann. § 99-37-3(2) Imposition and amount
In determining whether to order restitution which may be complete, partial or nominal, the court shall take into account:(a) The financial resources of the defendant and the burden that payment
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of restitution will impose, with due regard to the other obligations of the defendant; (b) The ability of the defendant to pay restitution on an installment basis or on other conditions to be fixed by the court; and (c) The rehabilitative effect on the defendant of the payment of restitution and the method of payment.
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ability of defendant to pay on installment basis, financial resources of the defendant, burden of payment

Before imposition of fine or fee Not provided for Not provided for Yes

installment plan, reduction of amount, or waiver