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.
5 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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Georgia | Ga. Code Ann. § 17-14-5(e) | Restitution by Juvenile Delinquent; Retention of Jurisdiction to Enforce Order Against Juvenile After Attainment of Age 21; Transfer of Enforcement Jurisdiction; Parent's Obligation for Restitution |
If the court determines that a juvenile is or will be unable to pay all of the restitution ordered, after notice to the juvenile's parent or parents and an opportunity for the parent or parents to be heard, the court may order the parent or parents to pay any portion of the restitution ordered that is outstanding where the court or a jury finds by clear and convincing evidence that the parent or parents knew or should have known of the juvenile's propensity to commit such acts and the acts are due to the parent's or parents' negligence or reckless disregard for the juvenile's propensity to commit such acts. Upon the eighteenth birthday of the juvenile, the parental obligation to pay restitution shall be terminated.
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"Is or will be unable to pay all of the restitution ordered." |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | Yes |
Requiring the juvenile's parent or parents to pay if they are found to be aware of an negligent or reckless in preventing their juvenile's propensity to commit such acts. |
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Georgia | Ga. Code Ann. § 15-10-82 | Hearing Fee on Application for Search or Arrest Warrant or Deposit Account Fraud Citation; No Fee Assessed Against Certain Alleged Victims |
For hearing an application for an arrest or search warrant or deposit account fraud citation, the fee charged shall not exceed $20.00, but this fee may be waived by the issuing magistrate if he or she finds that because of the financial circumstances of the party applying for the warrant or citation or for other reasons this fee should not be charged in justice, provided that no fee shall be assessed against the alleged victim of a violation of Code Section 16-5-90, 16-5-91, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5.1, 16-6-22.1, or 16-6-22.2 or against the alleged victim of any domestic violence offense for costs associated with the filing of criminal charges against the stalking offender, sexual offender, or domestic violence offender or for the issuance or service of a warrant, protective order, or witness subpoena arising from the incident of stalking, sexual assault, or domestic violence.
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"Because of the financial circumstances of the party applying for the warrant or citation or for other reasons this fee should not be charged in justice." |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
The court may waive the fee. |
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Georgia | Ga. Code Ann. § 42-8-102(e) | Probation and Supervision; Determination of Fees, Fines, and Restitution; Converting Moneys Owed to Community Service or Educational Advancement; Continuing Jurisdiction; Revocation; Transfer |
(1) As used in this subsection, the term: (A) "Developmental disability" shall have the same meaning as set forth in Code Section 37-1-1. (B) "Indigent" means an individual who earns less than 100 percent of the federal poverty guidelines unless there is evidence that the individual has other resources that might reasonably be used without undue hardship for such individual or his or her dependents. (C) "Significant financial hardship" means a reasonable probability that an individual will be unable to satisfy his or her financial obligations for two or more consecutive months. (D) "Totally and permanently disabled" shall have the same meaning as set forth in Code Section 49-4-80; (2) The court shall waive, modify, or convert fines, statutory surcharges, probation supervision fees, and any other moneys assessed by the court or a provider of probation services upon a determination by the court prior to or subsequent to sentencing that a defendant has a significant financial hardship or inability to pay or that there are any other extenuating factors which prohibit payment or collection; provided, however, that the imposition of sanctions for failure to pay such sums shall be within the discretion of the court through judicial process or hearings; (3) Unless rebutted by a preponderance of the evidence that a defendant will be able to satisfy his or her financial obligations without undue hardship to the defendant or his or her dependents, a defendant shall be presumed to have a significant financial hardship if he or she: (A) Has a developmental disability; (B) Is totally and permanently disabled; (C) Is indigent; or (D) Has been released from confinement within the preceding 12 months and was incarcerated for more than 30 days before his or her release.
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"'Indigent; means an individual who earns less than 100 percent of the federal poverty guidelines unless there is evidence that the individual has other resources that might reasonably be used without undue hardship for such individual or his or her dependents; 'Significant financial hardship' means a reasonable probability that an individual will be unable to satisfy his or her financial obligations for two or more consecutive months."
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Before imposition of fine or fee | Not provided for | Determined by judge after hearing | Yes |
The court must either reduce the fine, fee or surcharge to an amount the defendant can pay, or convert it to community service. |
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Georgia | Ga. Code Ann. § 17-14-10 | Factors to be Considered by Ordering Authority in Determining Nature and Amount of Restitution |
(a) In determining the nature and amount of restitution, the ordering authority shall consider: (1) The financial resources and other assets of the offender or person ordered to pay restitution including whether any of the assets are jointly controlled; (2) The earnings and other income of the offender or person ordered to pay restitution; (3) Any financial obligations of the offender or person ordered to pay restitution, including obligations to dependents; (4) The amount of damages; (5) The goal of restitution to the victim and the goal of rehabilitation of the offender; (6) Any restitution previously made; (7) The period of time during which the restitution order will be in effect; and (8) Other factors which the ordering authority deems to be appropriate; (b) If, subsequent to restitution being ordered pursuant to this article, a victim is convicted of a crime for which restitution is ordered, the ordering authority shall consider the previously ordered restitution as part of the financial resources of such victim.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Other | Yes | Not provided for |
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Georgia | Ga. Code Ann. § 42-8-105(f) | Probationer Obligation to Keep Officer Informed of Certain Information; Tolling for Failure to Meet Certain Obligations; Procedure |
Any unpaid fines, restitution, or other moneys owed as a condition of probation shall be due when the probationer is arrested; provided, however, that if the entire balance of his or her probation is revoked, all the conditions of probation, including moneys owed, shall be negated by his or her imprisonment. If only part of the balance of the probation is revoked, the court shall determine the probationer's responsibility for the amount of the unpaid fines, restitution, and other moneys owed that shall be imposed upon his or her return to probation after release from imprisonment and may reduce arrearages under the same circumstances and conditions as set forth in subsection (f) of Code Section 42-8-102.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Determined by judge after hearing | Yes | Not provided for |
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