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
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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

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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

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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

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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

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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.

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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

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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.

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

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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.

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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South Carolina S.C. Code Ann. § 17-27-60 Court costs and expenses for indigents
If the applicant is unable to pay court costs and expenses of representation, including stenographic, printing and legal services, these costs and expenses shall be made available to the applicant
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in the trial court, and on review, in amounts and to the extent funds are made available to indigent defendants by the General Assembly.
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unable to pay costs

Not provided for Not provided for Not provided for Yes

costs made available to the defendant

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South Carolina S.C. Code Ann. § 17-25-350 Schedule for payment of fine by indigent; consequences of failure to comply.
In any offense carrying a fine or imprisonment, the judge or magistrate hearing the case shall, upon a decision of guilty of the accused being determined and it being established
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that he is indigent at that time, set up a reasonable payment schedule for the payment of such fine, taking into consideration the income, dependents and necessities of life of the individual. Such payments shall be made to the magistrate or clerk of court as the case may be until such fine is paid in full. Failure to comply with the payment schedule shall constitute contempt of court; however, imprisonment for contempt may not exceed the amount of time of the original sentence, and where part of the fine has been paid the imprisonment cannot exceed the remaining pro rata portion of the sentence.No person found to be indigent shall be imprisoned because of inability to pay the fine in full at the time of conviction. Entitlement to free counsel shall not be determinative as to defendant's indigency.
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indigent

Not provided for Not provided for Not provided for Yes

reasonable payment plan

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South Carolina S.C. Code Ann. § 16-3-740(C)(4) Testing of certain convicted offenders for Hepatitis B and HIV
If the offender is subsequently convicted or adjudicated delinquent, the offender or the parents of an adjudicated offender must reimburse the State for the costs of the tests unless the
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offender or the parents of the adjudicated offender are determined to be indigent.
All Not provided for At enforcement of fine or fee Not provided for Not provided for Yes

waiver from reimbursing state for cost of tests

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South Carolina S.C. Code Ann. § 16-3-2040(C) Restitution for victims of trafficking (C) If a person is unable to pay restitution at the time of sentencing, or at any other time, the court may set restitution pursuant to Section 16-3-1270. All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

not specified

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South Carolina S.C. Code Ann. § 17-22-350(A) Fees; waiver; distribution of fee proceeds
Participation in a traffic education program may not be denied due to a person's inability to pay. If a person is deemed unable to pay, both the application fee and
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the participation fee must be waived.
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

waiver

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South Carolina S.C. Code Ann. § 17-22-550 Fees; waiver
However, participation in an alcohol education program may not be denied due to a person's inability to pay these fees. If a person is deemed unable to pay, the fees
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for enrollment, education, and supervision services may be waived or reduced at the discretion of each solicitor.
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

waived or reduced

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South Carolina S.C. Code Ann. § 17-25-150(B) Responsibilities of program; mandatory community penalty plan provisions; limitation upon use of funds
(B) Every community penalty plan must include the following:....(4) payment of such fees and costs of the program by the offender unless the court grants a waiver due to indigency.
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Procedures for collecting a fee from offenders must be implemented based on a sliding scale according to income and ability to pay;
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

waiver

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South Carolina S.C. Code Ann. § 24-21-80 Probationers and parolees to pay supervision fee; intensive supervision fee; hardship exemption; delinquencies; substitution of public service
The intensive supervision fee must be determined by the department based upon the ability of the person to pay. Fees derived from persons under intensive supervision must be retained by
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the department, carried forward, and applied to the department's operation. The department may exempt any individual supervised by the department on any community supervision program from the payment of a part or all of the yearly or weekly fee during any part or all of the supervision period only if the department determines that exceptional circumstances exist such that these payments work a severe hardship on the individual.
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exceptional circumstances exist such that these payments work a severe hardship on the individual.

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

partial or total exemption

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South Carolina S.C. Code Ann. § 24-21-80 Probationers and parolees to pay supervision fee; intensive supervision fee; hardship exemption; delinquencies; substitution of public service
An adult placed on probation, parole, or community supervision shall pay a regular supervision fee toward offsetting the cost of his supervision for so long as he remains under supervision.
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The regular supervision fee must be determined by the Department of Probation, Parole, and Pardon Services based upon the ability of the person to pay.
All Not provided for Before imposition of fine or fee Not provided for Administrative decision Yes

not specified

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South Carolina S.C. Code Ann. § 24-21-100(B) Administrative monitoring when fines outstanding; fee
(B) An individual placed on administrative monitoring shall pay a regular monitoring fee toward offsetting the cost of his administrative monitoring for the period of time that he remains under
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monitoring. The regular monitoring fee must be determined by the department based upon the ability of the person to pay.
All Not provided for Before imposition of fine or fee Not provided for Administrative decision Yes

not specified

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South Carolina S.C. Code Ann. § 24-21-480 Restitution Center program; distribution of offenders' salaries
The offender must deliver his salary to the restitution center staff who must distribute it in the following manner: 4) payment of a daily fee for housing and food. This
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fee may be set by the department with the approval of the Department of Administration. The fee must be based on the offender's ability to pay not to exceed the actual costs.
All Not provided for Before imposition of fine or fee Not provided for Administrative decision Yes

not specified

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South Carolina S.C. Code Ann § 16-25-20(G) Acts prohibited; penalties The offender shall pay a reasonable fee, if required, for participation in the program but no person may be denied participation due to inability to pay. All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

not specified

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Virginia Va. Code Ann. § 19.2-299.2(C) Local alcohol safety action program - ability to pay
If the referral is to the local alcohol safety action program, the program may charge a fee for the education and intervention component, or both, not to exceed $300, based
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upon the defendant's ability to pay.
All Not provided for Not provided for Not provided for Not provided for Yes

Not specified

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Virginia Va. Code Ann. § 53.1-150.1 Substance abuse treatment as condition of parole - exemptions
Any person who is granted parole and who is required to receive substance abuse treatment as a condition of parole shall contribute towards the cost of such treatment based upon
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his ability to pay, as established pursuant to regulations promulgated by the Board of Corrections. The regulations shall provide that (i) any fees collected for such treatment shall be paid directly to the service provider and (ii) any person may be exempt from the payment of such fees on the grounds of unreasonable hardship.
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unreasonable hardship

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

exemption from payment of fees

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Virginia Va. Code Ann. § 18.2-57.3(D) Education/treatment program sliding scale fee structure
The court shall require the person entering such education or treatment program or services under the provisions of this section to pay all or part of the costs of the
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program or services, including the costs of any assessment, evaluation, testing, education and treatment, based upon the person's ability to pay. Such programs or services shall offer a sliding-scale fee structure or other mechanism to assist participants who are unable to pay the full costs of the required programs or services.
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

sliding scale fee structure