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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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

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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
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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

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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.

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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,

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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.