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	Idaho	Idaho Code § 19-5304(7)	Restitution for Crime Victims -- Orders to be Separate -- When Restitution is Not Appropriate -- Other Remedies -- Evidentiary Hearings -- Definitions	The court, in determining whether to order restitution and the amount of such restitution, shall consider the amount of economic loss sustained by the victim as a result of the + See more offense, the financial resources, needs and earning ability of the defendant, and such other factors as the court deems appropriate. The immediate inability to pay restitution by a defendant shall not be, in and of itself, a reason to not order restitution.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Not provided for
Add to Dashboard + Create New	Idaho	Idaho Code § 20-225	Payment for Cost of Supervision	Any person under state probation or parole supervision shall be required to contribute not more than seventy-five dollars ($ 75.00) per month as determined by the board of correction. Costs + See more of supervision are the direct and indirect costs incurred by the department of correction to supervise probationers and parolees, including tests to determine drug and alcohol use, books and written materials to support rehabilitation efforts, and monitoring of physical location through the use of technology. Any failure to pay such contribution shall constitute grounds for the revocation of probation by the court or the revocation of parole by the commission for pardons and parole. The division of probation and parole in the department of correction may exempt a person from the payment of all or any part of the foregoing contribution if it finds any of the following factors to exist: (1) The offender has diligently attempted but been unable to obtain employment. (2) The offender has a disability affecting employment, as determined by a physical, psychological or psychiatric examination acceptable to the division of probation and parole.	All	The court determines whether " the offender has diligently attempted but been unable to obtain employment [or whether] the offender has a disability affecting employment, as determined by a physical, + See more psychological or psychiatric examination acceptable to the division of probation and parole."	Before imposition of fine or fee	Not provided for	Administrative decision	Yes	The division of probation and parole in the department of correction may exempt a person from the payment of all or any part of the foregoing contribution.
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 533.030(2)(m)	Conditions of probation and conditional discharge; restitution to victim	(2) When imposing a sentence of probation or conditional discharge, the court may, in addition to any other reasonable condition, require that the defendant: (m) Use an alcohol monitoring device, as + See more defined in KRS 431.068. All costs associated with the device, including administrative and operating costs, shall be paid by the defendant. If the court determines that the defendant is indigent, and a person, county, or other organization has not agreed to pay the costs for the defendant in an attempt to reduce incarceration expenses and increase public safety, the court shall consider other conditions of probation or conditional discharge provided for in this section;	All	Indigency	Not provided for	Not provided for	Not provided for	Yes	Alternative method of probation or conditional discharge imposed
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 534.030(2)	Fines for felonies	(2) In determining the amount and method of paying a fine for commission of a felony, the court shall consider, among others, the following factors: (a) The defendant's ability to + See more pay the amount of the fine; (b) The hardship likely to be imposed on the defendant's dependents by the amount of the fine and the time and method of paying it; (c) The impact the amount of the fine will have on the defendant's ability to make reparation or restitution to the victim; and (d) The amount of the defendant's gain, if any, derived from the commission of the offense.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Not specified
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 534.045(1)-(3)	Assessment of reimbursement fee against jail prisoners; collection; fee determination; relevant evidence; modification	(1) Pursuant to a conviction of a misdemeanor, including traffic offenses, where a person is sentenced to incarceration in the county jail, the District Court may assess a reimbursement fee + See more to help defray the expenses of the prisoner's room and board. The reimbursement fee shall not exceed twenty-five percent (25%) of the prisoner's gross daily wages or forty dollars ($40) per day, whichever is less. All moneys shall be paid directly to the jailer. (2) In determining whether a reimbursement fee as described in subsection (1) of this section is to be assessed, and in establishing the amount of the fee, the court shall consider evidence relevant to the prisoner's ability to pay the fee . . . (3) After considering all relevant evidence to the issue of the prisoner's ability to pay, the court shall enter as part of its judgment the amount of the reimbursement fee, if any, that shall be paid by the prisoner during his period of incarceration in the county jail. The fee shall bear a reasonable relationship to the person's income. Upon petition by the prisoner affected by the order, the amount may be modified to reflect any changes in the financial status of the prisoner. In any appeal that might be taken from the conviction, the amount of the reimbursement fee may be challenged.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Not specified
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 510.320(2)-(3),(6)	Human immunodeficiency virus testing for defendants accused of certain sexual offenses; results; counseling when test positive; cost; effect of appeal	(2) A defendant charged with an offense pursuant to this chapter which has sexual intercourse or deviate sexual intercourse as an element, or has sexual contact as an element when + See more the circumstances of the case demonstrate a possibility of transmission of human immunodeficiency virus, shall upon initial court appearance on the charge, be informed by the judge of the availability of human immunodeficiency virus testing. The judge shall also notify the victim of the offense, or parent or guardian of the victim, that the defendant has been so notified. (3) When a defendant has been convicted of any offense in subsection (2) of this section, other provisions of law to the contrary notwithstanding, the sentencing court, regardless of any prior human immunodeficiency virus test, shall order the defendant to undergo a human immunodeficiency virus test, under the direction of the Cabinet for Health and Family Services... (6) The cost of testing under this section shall be paid by the defendant tested, unless the court has determined the defendant to be indigent.	All	Indigency	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Not specified
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 31.211(1)	Determination of ability to pay partial fee for representation and services at arraignment; collection of unpaid partial fee by civil judgment; partial fee credited to local office or department; funds + See more placed in special trust and agency account	At arraignment, the court shall conduct a nonadversarial hearing to determine whether a person who has requested a public defender is able to pay a partial fee for legal representation, + See more the other necessary services and facilities of representation, and court costs. The court shall order payment in an amount determined by the court and may order that the payment be made in a lump sum or by installment payments to recover money for representation provided under this chapter. This partial fee determination shall be made at each stage of the proceedings.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	If the court finds that an individual is unable to pay (is "needy") the court shall waive all costs, see Ky. Rev. Stat. Ann. § 31.110
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 24A.175	Court costs for criminal cases in District Court; payment required; exceptions; treatment of minor defendant	The taxation of court costs against a defendant, upon conviction in a case, including persons sentenced to state traffic school as provided under KRS 186.574, shall be mandatory and shall not + See more be subject to probation, suspension, proration, deduction, or other form of nonimposition in the terms of a plea bargain or otherwise, unless the court finds that the defendant is a poor person as defined by KRS 453.190(2) and that he or she is unable to pay court costs and will be unable to pay the court costs in the foreseeable future.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Not specified
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 534.020	"Methods of imposing fines; installment payment plan; determination of reason for defendant's default; show cause hearing; certain installment payments not to be reported as liquidated debt"	(2) If the court establishes an installment payment plan for a defendant to pay the full amount of court costs, fees, or fines: (a) The defendant shall be given notice + See more of the total amount due, the payment frequency, and the date by which all payments must be made. The notice shall indicate that if the defendant has not complied with the installment payment plan by the scheduled date, he or she shall appear on that date to show good cause as to why he or she is unable to satisfy the obligations. This notice shall be given to the defendant in writing on a form provided by the Administrative Office of the Courts; (3)(a) If a defendant is required to appear at a show cause hearing pursuant to subsection (2)(a) of this section, the court shall determine whether the defendant's default in payment of court costs, fees, or fines is: 1. Excusable due to an inability to pay, and if so, the court may enter an order allowing additional time for payment, reducing the amount of each installment, or modifying the manner of payment in any other way; or 2. Willful and not due to an inability to pay, and if so, the court may order the defendant to jail on the condition that the defendant shall be released upon payment or completion of daily credit pursuant to KRS 534.070.	All	Not provided for	At enforcement of fine or fee	Not provided for	Determined by judge after hearing	Yes	Allowing additional time for payment, reducing the amount of each installment, or modifying the manner of payment in any other way.
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 441.265(5)	"Required reimbursement by prisoner of costs of confinement; local policy of fee and expense rates; billing and collection methods"	(5) The governing body of the county may require a prisoner who is confined in the county jail to pay a reasonable fee, not exceeding actual cost, for any medical + See more treatment or service received by the prisoner. However, no prisoner confined in the jail shall be denied any necessary medical care because of inability to pay.	All	Not provided for	Before imposition of fine or fee	Not provided for	Administrative decision	Yes	N/A
Add to Dashboard + Create New	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 + See more in the trial court, and on review, in amounts and to the extent funds are made available to indigent defendants by the General Assembly.	All	unable to pay costs	Not provided for	Not provided for	Not provided for	Yes	costs made available to the defendant
Add to Dashboard + Create New	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 + See more 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.	All	indigent	Not provided for	Not provided for	Not provided for	Yes	reasonable payment plan
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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
Add to Dashboard + Create New	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 + See more the participation fee must be waived.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	waiver
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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. + See more 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
Add to Dashboard + Create New	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 + See more 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.	All	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
Add to Dashboard + Create New	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. + See more 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
Add to Dashboard + Create New	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 + See more 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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