50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
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.
14 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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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. |
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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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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. |
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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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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 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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New Hampshire | N.H. Rev. Stat. § 651-B:11(II) | Registration Fee |
An offender who cannot afford to pay the fee shall, within 10 days of registration, request a waiver of the fee and a hearing on the matter before the commissioner. In order to be considered for a waiver, the offender shall submit a financial affidavit on a form provided by the department. The division may at its discretion request such a waiver on behalf of an offender. If such a request is made, the commissioner shall promptly schedule and conduct a hearing pursuant to rules adopted under RSA 541-A, unless the commissioner or commissioner's designee determines a hearing is not necessary and waives the fee based on the offender's financial affidavit, or at the written request of the division. At the hearing, the burden shall be on the offender to prove that he or she is indigent. The offender may appeal the commissioner's decision to the superior court. Under no circumstances shall the offender's request for a hearing or indigence relieve the offender of the obligation to register as required pursuant to this chapter.
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All |
Indigent |
At defendant's request at enforcement | Burden on defendant to show inability to pay | Administrative decision | Yes |
Fee waiver |
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New Hampshire | N.H. Rev. Stat. Ann. § 623-B:2(I),(IV) | Civil Actions by Inmates; Filing Fees and Court Costs. |
I. An inmate who commences any civil action or proceeding is responsible for all court fees and costs. IV. Nothing in this section shall prohibit an inmate from filing a civil action or proceeding if the inmate is indigent.
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All |
Indigent |
Not provided for | Not provided for | Not provided for | Yes |
N/A |
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New Hampshire | N.H. Rev. Stat. Ann. § 604-A:9(I) | Repayment |
I. Any adult defendant who has had counsel or a public defender assigned to the defendant at the expense of the state shall be ordered by the court under paragraph I-b to repay the state through the unit of cost containment, the fees and expenses paid by the state on the defendant's behalf according to a schedule established by the administrator of the cost containment unit with the approval of the administrative justices of the courts on such terms as the court may order consistent with the defendant's present or future ability to pay, such ability to be determined by the unit of cost containment . . . At no time shall the defendant be required to repay, for legal services, an amount greater than the state's flat rate for a contract attorney as established contractually pursuant to RSA 604-B. If the defendant is placed on probation or sentenced to a period of conditional discharge, the defendant shall repay the state, through the department of corrections, all fees and expenses paid on his behalf on such terms as the court may order consistent with the defendant's present or future ability to pay.
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All |
Present or future ability to pay, as determined by the unit of cost containment. |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Payment plan and reduced costs |
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New Hampshire | N.H. Rev. Stat. Ann. § 651:63 | Restitution Authorized |
Restitution may be ordered regardless of the offender's ability to pay and regardless of the availability of other compensation; however, restitution is not intended to compensate the victim more than once for the same injury.
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All |
Not provided for |
Not provided for | Not provided for | Not provided for | Yes |
N/A |
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New Hampshire | N.H. Rev. Stat. Ann. § 516:16-a | Defaults; Witness Fees for Law Enforcement Officers |
Any person who defaults on a scheduled court appearance on a motor vehicle offense shall be responsible for paying the current witness fee for any law enforcement officer required to attend such appearance, unless the court determines that such person is indigent.
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Traffic |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
Not specified |
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New Hampshire | N.H. Rev. Stat. § 604-A:2-c | Determination of Financial Ability |
The determination of a defendant's financial ability to obtain counsel shall be made by comparing the defendant's assets and incomes with the minimum cost of obtaining qualified private counsel. The defendant's assets shall include all real and personal property owned in any manner by the defendant, excluding only those assets which are exempt from attachment and execution under RSA 511:2. The defendant's income shall include all income, whether earned or not, from any source, unless exempt from attachment under any state or federal law, and shall be reduced only by the amount of expenses which are reasonably necessary for the maintenance of the defendant and his dependents. In determining a defendant's financial ability to obtain counsel, the rules adopted by the commissioner under RSA 604-A:10, IV, shall contain a method for considering the defendant's ability to borrow some or all of the necessary funds. The rules shall also consider the possibility of the defendant paying his counsel fees in periodic installments.
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All |
Comparison of the defendant's assets and incomes with the minimum cost of obtaining qualified private counsel. |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Installment plan |
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New Hampshire | N.H. Rev. Stat. § 499:18-b | Waiver of Court Costs and Fees |
Except as otherwise specifically provided by the rules of the court, any person, by reason of poverty, may seek relief from the payment of any fees provided by law which are payable to any court, clerk of court, or sheriff. The court, upon the application of such person, which application may be filed without fee, may, in its discretion, order the payment of such fees waived. In any case in which a person is represented by a legal aid society, a federally funded legal services project, or counsel assigned in accordance with the rules of the court, all filing costs shall be waived by the clerk without the necessity of a court order. Fees for the service of process by sheriffs shall be a charge against the state.
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All |
Poverty |
At defendant's request before imposition of fine or fee | Not provided for | Other | Yes |
Fee waiver |
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New Hampshire | N.H. Rev. Stat. § 604-A:9(I)(b) | Repayment |
The court shall enter a separate order, pursuant to the rules adopted by the commissioner of administrative services under RSA 604-A:10, IV, setting forth the terms of repayment of fees and expenses to the state, or if the court finds that the defendant is financially unable to make such payment or payments setting forth the reasons therefor. A copy of each order shall be forwarded to the commissioner of administrative services. Any defendant subject to an order under this section may petition the court for relief from the obligation imposed by this section, which may be granted only upon a finding that the defendant is unable to comply with the terms of the court's order or any modification of the order by the court. If the court does not order full payment for representation under RSA 604-A, the commissioner of administrative services or his designee shall perform an investigation to determine the defendant's present financial condition and his ability to make repayment and may petition the court for a new repayment order at any time within 6 years from the date of the original order.
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All | Not provided for | Not provided for | Not provided for | Determined by judge without hearing | Yes |
N/A |
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New Hampshire | N.H. Rev. Stat. § 622:31-a | Medical Care; Inmate Copayment Required |
An inmate shall not be refused medical treatment for financial reasons. |
All |
N/A |
At enforcement of fine or fee | Not provided for | Not provided for | Yes | Not provided for |
The Criminal Justice Debt Reform Builder is a project of the National Criminal Justice Debt Initiative of the Criminal Justice Policy Program at Harvard Law School in collaboration with the Berkman Klein Center for Internet & Society at Harvard University and with user experience design by metaLAB (at) Harvard.
For more information, please visit cjpp.law.harvard.edu.