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.
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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.
4 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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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 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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All |
"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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Nevada | Nev. Rev. Stat. Ann. § 209.4295 (2)-(3) | Payment of cost of supervision and treatment; performance of community service as contribution toward cost; issuance of judgment for unpaid costs |
2. A court shall not refuse to place a probation violator in the diversion program if the probation violator does not have the financial resources to pay any or all of + See morethe related costs. 3. The court may order a probation violator who is placed in the diversion program to perform a specified amount of community service upon release from the program to contribute toward the cost of his or her treatment and supervision. Any such community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents.
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All |
violator does not have the financial resources to pay any or all of the related costs |
Not provided for | Not provided for | Not provided for | Yes |
community service |
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Nevada | Nev. Rev. Stat. Ann. § 209.4886 (4) | Participation in judicial program: Referral of offender to reentry court; powers and duties of Director; regulations; reimbursement of costs; effect of violation of terms and conditions; status of offender |
The Director shall adopt regulations requiring offenders who are assigned to the custody of the Division pursuant to this section to reimburse the reentry court, the Division and the Department + See morefor the cost of their participation in a judicial program, to the extent of their ability to pay.
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All | Not provided for | Not provided for | Not provided for | Not provided for | Yes | Not provided for |
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Nevada | Nev. Rev. Stat. Ann. § 176.139 (7) | Presentence investigation and report: Psychosexual evaluation of certain sex offenders required; standards and methods for conducting evaluation; access to records; rights of confidentiality and privileges deemed waived; costs |
If a psychosexual evaluation is conducted pursuant to this section, the court shall: (a) Order the defendant, to the extent of the defendant’s financial ability, to + See morepay for the cost of the psychosexual evaluation; or
(b) If the defendant was less than 18 years of age when the sexual offense was committed and the defendant was certified and convicted as an adult, order the parents or guardians of the defendant, to the extent of their financial ability, to pay for the cost of the psychosexual evaluation. For the purposes of this paragraph, the court has jurisdiction over the parents or guardians of the defendant to the extent that is necessary to carry out the provisions of this paragraph.
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All | Not provided for | Not provided for | Not provided for | Not provided for | Yes | Not provided for |
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