Data Explorer: Ability to pay | 50 State Criminal Justice Debt Tool

Ability to Pay

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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
Add to Dashboard + Create New	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 + See more 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.	All	"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.
Add to Dashboard + Create New	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 + See more 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.	All	"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.
Add to Dashboard + Create New	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 + See more 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.	All	"'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 + See more 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."	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.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 111B	Fraudulent Motor Vehicle Insurance Claims; Penalties; Reimbursement of Insurer.	. . . Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof; provided, however, the court shall consider the defendant’s present and future ability + See more to pay in its determinations regarding a fine; provided, further, that, whenever possible subject to the constraints of this paragraph and the first paragraph of this section, the amount of a fine imposed for a violation of this section shall equal twice the amount of damages or financial loss suffered as a result of the defendant’s crime.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	N/A
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 111B	Fraudulent Motor Vehicle Insurance Claims; Penalties; Reimbursement of Insurer.	. . . In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose + See more on the defendant.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Not provided for
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 27A	Removing or Concealing Motor Vehicles or Trailers to Defraud Insurers; Reimbursement of Insurers.	Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof; provided, however, the court shall consider the defendant’s present and future ability to pay in + See more its determinations regarding a find; provided, further, that, whenever possible subject to the constraints of this paragraph and the preceding paragraph, the amount of a fine imposed for a violation of this section shall equal twice the amount of damages or financial loss suffered as a result of the defendant’s crime.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	N/A
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 269, § 14(d)	False Reports Relative to Location of Explosives, etc., Penalized.	. . . A person found guilty of violating this section shall, in all cases, in addition to any other punishment, be ordered to make restitution to the individual, public + See more or private entity for any costs incurred, damages and financial loss sustained as a result of the commission of the crime. Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof, however, the court shall consider the defendant’s present and future ability to pay in its determinations regarding a fine. In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	N/A
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 269, § 14B(b)	Willful and malicious communication of false information to public safety answering points; penalty	Upon any conviction under this section, the court shall conduct a hearing to ascertain the extent of costs incurred, and damages and financial loss sustained by any emergency response services + See more provider as a result of the violation and shall order the defendant to make restitution to the emergency response services provider or providers for any such costs, damages or loss. The court shall consider the defendant’s present and future ability to pay restitution in its determinations relative to the imposition of a fine. In determining the amount, time and method of payment of restitution, the court shall consider the defendant’s employment status, earning ability, financial resources, living expenses, dependents and any special circumstances that may have bearing on their ability to pay. The court may waive restitution or modify the amount, time or method of payment if such restitution payment would cause a substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents.	Felony	A substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents.	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	Waive restitution or modify the amount, time or method of payment if such restitution payment
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 29	Theft of Motor Vehicle; Owner’s Complaint or Information; Restitution by Defendants.	Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof; provided, however, the court shall consider the defendant’s present and future ability to pay in + See more its determinations regarding a fine; provided, further, that, whenever possible subject to the constraints of this paragraph and the first paragraph of said subsection (a) of section twenty–eight, the amount of a fine imposed for a violation of said subsection (a) of section twenty–eight shall equal twice the amount of damages or financial loss suffered as a result of the defendant’s crime.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	N/A
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 29	Theft of Motor Vehicle; Owner’s Complaint or Information; Restitution by Defendants.	In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	N/A
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 273, § 15A(5)	Child Born Out of Wedlock — Penalties; Fines; Alternative Sentencing; Restitution.	In a prosecution under this chapter the defendant may be ordered to make restitution to the spouse or the custodial parent or to the person or agency, including the department + See more of public welfare, who is supporting or has supported the spouse or child for all sums expended on behalf of such spouse or child, provided that if the defendant establishes a lesser ability to have provided support, the amount of any liability imposed by this section shall be consistent with the defendant’s prior ability to have paid support.	All	Not provided for	Before imposition of fine or fee	Burden on defendant to show inability to pay	Not provided for	Yes	Liability imposed consistent with defendant's prior ability to have paid support.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 90, § 24D	Drivers Convicted of Operating Motor Vehicle Under the Influence of Intoxicating Liquors or Controlled Substances.	Each person placed in a program of driver alcohol or controlled substance abuse education and, if deemed necessary by the court, a program of alcohol or controlled substance abuse treatment, + See more rehabilitation, or alcohol or controlled substance abuse treatment and rehabilitation pursuant to this section shall pay directly to such program a fee in an amount to be determined by the department of public health . . . No person may be excluded from said program for inability to pay the stated fee, provided that such person files an affidavit of indigency or inability to pay with the court within ten days of the date of disposition, that investigation by the probation officer confirms such indigency or establishes that the payment of such fee would cause a grave and serious hardship to such individual or to the family of such individual, and that the court enters a written finding thereof. In lieu of waiver of the entire amount of said fee, the court may direct such individual to make partial or installment payments of such fee when appropriate. Subject to appropriation, the department of public health shall reimburse each program for the costs of services provided to persons for whom payment of a fee has been waived on the grounds of indigency.	Traffic	Indigency; payment of such fee would cause a grave and serious hardship to such individual or to the family of such individual.	At defendant's request before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	Yes	Waiver, partial or installment payments of fee.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 90B, § 8(3)(B)	Operation of Vessel Under Influence of Liquor or Drugs; Water Skiing; Reckless Operation	The defendant shall pay for the cost of the services provided by the boating safety education course, the alcohol education or rehabilitation program, and the residential alcohol treatment program; however, + See more no person shall be excluded from said programs for inability to pay, provided that such person files an affidavit of indigency or inability to pay with the court, that investigation by the probation officer confirms such indigency or establishes that the payment of such fee would cause a grave and serious hardship to such individual or to the family of such individual, and that the court enters a written finding thereof. In lieu of waiver of the entire amount of said fee, the court may direct such individual to make partial or installment payments of the cost of said program.	Traffic	Cause a grave and serious hardship to such individual or to the family	At defendant's request before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	Yes	Waiver, partial or installment payments of fee.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 102D	Explosive or Destructive or Incendiary Device — Seizure; Restitution.	A person found guilty of violating sections 102 to 102C, inclusive, shall, in all cases, in addition to any other punishment, be ordered to make restitution to the local, county + See more or state government for any costs incurred, damages and financial loss sustained as a result of the commission of such offense. Restitution shall be imposed in addition to incarceration or fine; provided, however, that the court shall consider the defendant’s present and future ability to pay in its determinations regarding a fine. In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	N/A
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 108	Destroying Vessel to Defraud Owner or Insurer.	The court shall, after conviction, conduct an evidentiary hearing to ascertain the extent of the damages or financial loss suffered as a result of the defendant’s crime and may then + See more determine the amount and method of restitution. In so determining, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant. The defendant’s present and future ability to make such restitution shall be considered.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	N/A
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 276, § 30	Default Warrants — Warrant for Forfeiting or Defaulting on Bail Bond or Recognizance — Fees.	Any person arrested on a warrant issued because such person has forfeited or defaulted on his bail bond or recognizance or has been surrendered by a probation officer shall be + See more required by the court to pay a fee of $75 payable to the city or town in which such arrest was effected, unless the judge finds that such person is indigent or that such fee would cause a substantial financial hardship to the person, the person’s immediate family or the person’s dependents, in which case such person shall be required to perform one day of community service, unless the judge further finds that such person is physically or mentally unable to perform such service.	All	Indigent or that such fee would cause a substantial financial hardship to the person, the person’s immediate family or the person’s dependents	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	One day of community service
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 276, § 92A	Restitution in cases involving motor vehicle theft or fraudulent claims	Restitution shall be imposed in addition to incarceration or fine, but not in lieu thereof. In an extraordinary case such as indigency, the court may determine that the interests of + See more the victim and justice would not be served by ordering restitution. In such a case, the court shall make and enter specific written findings on the record concerning the extraordinary circumstances presented which militated against the imposition of restitution. The court shall, after conviction, conduct an evidentiary hearing to ascertain the extent of the damages or financial loss suffered as a result of the defendant’s crime. The court may then determine the amount and method of restitution. In so determining, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant. The defendant’s present and future ability to make such restitution shall be considered. A defendant ordered to make restitution may petition the court for remission from any payment of restitution or from any unpaid portion thereof. If the court finds that the payment of restitution due will cause a substantial financial hardship to the defendant, the defendant’s immediate family or the defendant’s dependents, the court may grant remission from any payment of restitution, or modify the amount, time or method of payment. If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court may hold him in contempt unless said defendant has made a good faith effort to make restitution. If the defendant has made a good faith effort to make restitution, the court may, upon motion of the defendant, modify the order requiring restitution by: (a) providing for additional time to make any payment in restitution; (b) reducing the amount of any payment in restitution or installment thereof; (c) granting a remission from any payment of restitution or part thereof.	All	Indigency; a substantial financial hardship to the defendant, the defendant’s immediate family or the defendant’s dependents; modify the order requiring restitution by (a) providing for additional time to make any payment in restitution; + See more (b) reducing the amount of any payment in restitution or installment thereof; (c) granting a remission from any payment of restitution or part thereof.	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	Not order restitution; remission from any payment of restitution, or modification the amount, time or method of payment;
Add to Dashboard + Create New	Nebraska	Neb. Rev. Stat. § 29-2206(1)(a),(2)	Fine and costs; commitment until paid; installments; deduction from bond; suspension or revocation of motor vehicle operator's license	(1) (a) In all cases in which courts or magistrates have now or may hereafter have the power to punish offenses, either in whole or in part, by requiring the offender + See more to pay fines or costs, or both, such courts or magistrates may make it a part of the sentence that the party stand committed and be imprisoned in the jail of the proper county until the fines or costs are paid or secured to be paid or the offender is otherwise discharged according to law if the court or magistrate determines that the offender has the financial ability to pay such fines or costs. The court or magistrate may make such determination at the sentencing hearing or at a separate hearing prior to sentencing. A separate hearing shall not be required. In making such determination, the court or magistrate may consider the information or evidence adduced in an earlier proceeding pursuant to section 29-3902, 29-3903, 29-3906, or 29-3916. At any such hearing, the offender shall have the opportunity to present information as to his or her income, assets, debts, or other matters affecting his or her financial ability to pay. Following such hearing and prior to imposing sentence, the court or magistrate shall determine the offender’s financial ability to pay the fines or costs, including his or her financial ability to pay in installments under subsection (2) of this section. (2) If the court or magistrate determines, pursuant to subsection (1) of this section, that an offender is financially unable to pay such fines or costs in one lump sum but is financially capable of paying in installments, the court or magistrate shall make arrangements suitable to the court or magistrate and to the offender by which the offender may pay in installments. The court or magistrate shall enter an order specifying the terms of such arrangements and the dates on which payments are to be made.	All	Not provided for	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	Yes	Payment in installments.

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