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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 Ohio Ohio Rev. Code § 2929.19(B)(5) Sentencing hearing

Before imposing a financial sanction under section 2929.18 of the Revised Code or a fine under section 2929.32 of the Revised Code, the court shall consider the offender's present and future ability to

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pay the amount of the sanction or fine.

 Felony

Not provided for

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

Likely no requirement to pay financial sanction
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 Ohio Ohio Rev. Code § 2929.37(A) Policy requiring prisoner to pay costs of confinement

The amount assessed under this section shall not exceed the total amount that the prisoner is able to pay.

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Not provided for

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

Likely no requirement to pay costs of confinement
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 Ohio Ohio Rev. Code § 2941.51(D) Person represented shall pay for part of costs if able

The fees and expenses approved by the court under this section shall not be taxed as part of the costs and shall be paid by the county. However, if the person represented

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has, or reasonably may be expected to have, the means to meet some part of the cost of the services rendered to the person, the person shall pay the county an amount that the person reasonably can be expected to pay.

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Not provided for.

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

County will pay representation fees in-full or in part.

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