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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Illinois 725 Ill. Comp. Stat. 5/113-3.1(a) Payment for Court-Appointed Counsel

Whenever under either Section 113-3 of this Code [725 ILCS 5/113-3] or Rule 607 of the Illinois Supreme Court the court appoints counsel to represent a defendant, the court may

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order the defendant to pay to the Clerk of the Circuit Court a reasonable sum to reimburse either the county or the State for such representation. In a hearing to determine the amount of the payment, the court shall consider the affidavit prepared by the defendant under Section 113-3 of this Code [725 ILCS 5/113-3] and any other information pertaining to the defendant’s financial circumstances which may be submitted by the parties. Such hearing shall be conducted on the court’s own motion or on motion of the State’s Attorney at any time after the appointment of counsel but no later than 90 days after the entry of a final order disposing of the case at the trial level.

All

Not provided for

Before imposition of fine or fee Not provided for Determined by judge after hearing Yes

Not specified

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Illinois 730 Ill. Comp. Stat. 5/5-6(i-5) Conditions of probation and of conditional discharge

In addition to the fees imposed under subsection (i) of this Section, in the case of an offender convicted of a felony sex offense (as defined in the Sex Offender

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Management Board Act) or an offense that the court or probation department has determined to be sexually motivated (as defined in the Sex Offender Management Board Act), the court or the probation department shall assess additional fees to pay for all costs of treatment, assessment, evaluation for risk and treatment, and monitoring the offender, based on that offender’s ability to pay those costs either as they occur or under a payment plan.

Felony, Misdemeanor

Not provided for

Not provided for Not provided for Administrative decision Yes

Payment plan

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Illinois 730 Ill. Comp. Stat. 5/5-7-1(g) Sentence of Periodic Imprisonment

An offender sentenced to periodic imprisonment who undergoes mandatory drug or alcohol testing, or both, or is assigned to be placed on an approved electronic monitoring device, shall be ordered

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to pay the costs incidental to such mandatory drug or alcohol testing, or both, and costs incidental to such approved electronic monitoring in accordance with the defendant’s ability to pay those costs. The county board with the concurrence of the Chief Judge of the judicial circuit in which the county is located shall establish reasonable fees for the cost of maintenance, testing, and incidental expenses related to the mandatory drug or alcohol testing, or both, and all costs incidental to approved electronic monitoring, of all offenders with a sentence of periodic imprisonment. The concurrence of the Chief Judge shall be in the form of an administrative order. The fees shall be collected by the clerk of the circuit court, except as provided in an administrative order of the Chief Judge of the circuit court. The clerk of the circuit court shall pay all moneys collected from these fees to the county treasurer who shall use the moneys collected to defray the costs of drug testing, alcohol testing, and electronic monitoring. The county treasurer shall deposit the fees collected in the county working cash fund under Section 6-27001 or Section 6-29002 of the Counties Code, as the case may be.

All

Not provided for

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

Not specified

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Illinois 730 Ill. Comp. Stat. 5/5-6-3(g) Conditions of Probation and of Conditional Discharge

An offender sentenced to probation or to conditional discharge and who during the term of either undergoes mandatory drug or alcohol testing, or both, or is assigned to be placed

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on an approved electronic monitoring device, shall be ordered to pay all costs incidental to such mandatory drug or alcohol testing, or both, and all costs incidental to such approved electronic monitoring in accordance with the defendant’s ability to pay those costs. The county board with the concurrence of the Chief Judge of the judicial circuit in which the county is located shall establish reasonable fees for the cost of maintenance, testing, and incidental expenses related to the mandatory drug or alcohol testing, or both, and all costs incidental to approved electronic monitoring, involved in a successful probation program for the county. The concurrence of the Chief Judge shall be in the form of an administrative order. The fees shall be collected by the clerk of the circuit court, except as provided in an administrative order of the Chief Judge of the circuit court. The clerk of the circuit court shall pay all moneys collected from these fees to the county treasurer who shall use the moneys collected to defray the costs of drug testing, alcohol testing, and electronic monitoring. The county treasurer shall deposit the fees collected in the county working cash fund under Section 6-27001 or Section 6-29002 of the Counties Code [55 ILCS 5/6-27001 or 55 ILCS 5/1-29002], as the case may be. The Chief Judge of the circuit court of the county may by administrative order establish a program for electronic monitoring of offenders, in which a vendor supplies and monitors the operation of the electronic monitoring device, and collects the fees on behalf of the county. The program shall include provisions for indigent offenders and the collection of unpaid fees. The program shall not unduly burden the offender and shall be subject to review by the Chief Judge.

All

Not provided for

Before imposition of fine or fee Not provided for Determined by judge without hearing Yes

Not specified

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Illinois 730 Ill. Comp. Stat. 5/5-9-1(d)-(e) Authorized fines

(d) In determining the amount and method of payment of a fine, except for those fines established for violations of Chapter 15 of the Illinois Vehicle Code [625 ILCS 5/15-101 et seq.],

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the court shall consider:

(1) the financial resources and future ability of the offender to pay the fine; and

(2) whether the fine will prevent the offender from making court ordered restitution or reparation to the victim of the offense; and

(3) in a case where the accused is a dissolved corporation and the court has appointed counsel to represent the corporation, the costs incurred either by the county or the State for such representation.

(e) The court may order the fine to be paid forthwith or within a specified period of time or in installments.

All

Financial resources and future ability to pay

Not provided for Not provided for Not provided for Yes

Not specified

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Illinois 625 Ill. Comp. Stat. 5/6-206.1(c-5) Monitoring Device Driving Permit

If the Secretary determines that the person seeking the MDDP is indigent, the Secretary shall provide the person with a written document as evidence of that determination, and the person

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shall provide that written document to an ignition interlock device provider. The provider shall install an ignition interlock device on that person’s vehicle without charge to the person, and seek reimbursement from the Indigent BAIID Fund. If the Secretary has deemed an offender indigent, the BAIID provider shall also provide the normal monthly monitoring services and the de-installation without charge to the offender and seek reimbursement from the Indigent BAIID Fund. Any other monetary charges, such as a lockout fee or reset fee, shall be the responsibility of the MDDP holder. A BAIID provider may not seek a security deposit from the Indigent BAIID Fund.

Traffic

Indigent

Not provided for Not provided for Administrative decision Yes

Reimbursement by providers/providers installs ignition interlock device free of charge

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Tennessee Tenn. Code Ann. § 39-13-101(b)(2) Assault - Domestic Abuse
if the relationship between the defendant and the victim of the assault is such that the victim is a domestic abuse victim as defined in § 36-3-601, and if, as
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determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred dollars ($200).
Misdemeanor

No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other

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mitigating and enhancing factors.

Before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing Yes

Imposition of a lower fee

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Tennessee Tenn. Code Ann. § 39-13-102(e)(2) Aggravated Assault - Domestic Abuse
In addition to any other punishment that may be imposed for a violation of this section, if the relationship between the defendant and the victim of the assault is such
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that the victim is a domestic abuse victim as defined in § 36-3-601, and if, as determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred dollars ($200).
All

No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other

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mitigating and enhancing factors.

Before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing Yes

Imposition of a lower fee

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Tennessee Tenn. Code Ann. § 39-13-111(c)(5) Domestic Assault - Additional Fee
In addition to any other punishment that may be imposed for a violation of this section, if, as determined by the court, the defendant possesses the ability to pay a
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fine in an amount not in excess of two hundred twenty-five dollars ($225), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred twenty-five dollars ($225).
All

No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other

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mitigating and enhancing factors.

Before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing Yes

Imposition of a lower fee

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Tennessee Tenn. Code Ann. § 39-17-428(d) Fines and Penalties; Mandatory Minimums; Allocation
(1) Unless the judge, using the applicable criteria set out in § 40-14-202(c), determines that a person convicted of violating this section is indigent, or that payment of the minimum
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fine would result in a severe economic hardship, or such fine would otherwise not be in the interests of justice, the minimum fines imposed by this section shall be mandatory and shall not be reduced, suspended, waived or otherwise released by the court. No plea agreement shall be accepted by a court if the agreement attempts to reduce or suspend all or any portion of the mandatory fines imposed by this section unless the judge determines that one (1) of the conditions set out in the first sentence of this subdivision (d)(1) exists.(2) If the judge of a court of general sessions determines that it is necessary to reduce, suspend, waive or otherwise release the minimum fines imposed by this section, the judge shall assess the fine, and write on the warrant the amount of the fine, the fact that it is reduced, suspended, waived or released and the reasons for the reduction, suspension, waiver or release. If done by the judge of a court of record, the judge shall assess the fine and make a specific finding of fact on the record relative to the reduction, suspension, waiver or release and the reasons for the reduction, suspension, waiver or release.
All

No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other

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mitigating and enhancing factors.

Not provided for Burden on defendant to show inability to pay Determined by judge after hearing Yes

Reduction or waiver of the fee

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Tennessee Tenn. Code Ann. § 41-2-128(5) Prisoners who may apply for release -- Procedure.
(5)(A) The judge shall, at the time of sentencing, cause the sentencing order to reflect the defendant's cost of incarceration and treatment and shall affix to the order, taking into
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consideration the defendant's ability to pay, the time and manner in which the costs are to be paid. The court shall enter the necessary orders requiring that the costs of incarceration and treatment be paid or secured, including, but not limited to, orders of probation that include, as a condition thereof, the payment of costs covered by this subdivision (c)(5).(B) When a defendant alleges inability to pay pursuant to the terms set out by the order, the defendant may petition the court for modification as to the terms of payment. When it is determined that the defendant is unable to pay the entirety of the costs covered by this subdivision (c)(5) in the time and manner imposed by the court, any costs imposed against the defendant shall be pursuant to a schedule promulgated by the chief administrative officer of the county, or the officer's designee, with the schedule to be based upon the defendant's ability to pay the same.(C) In promulgating the schedule governing costs and the amount thereof to be paid by the defendant, the chief administrative officer of the county, or the officer's designee, shall consider the defendant's ability to pay and the disbursement schedule set forth in § 41-2-129 and shall incorporate payments ordered in this subsection (c) into the schedule.(D) In no event shall a person be denied access to this program or be denied discharge from incarceration as a result of that person's inability to pay.
All Not provided for Not provided for Burden on defendant to show inability to pay Not provided for Yes

Reduction or waiver of the fee

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Tennessee Tenn. Code Ann. § 8-21-401(m) Fees for particular services
(m) Indigent parties. No clerk shall be permitted to collect any fee authorized by this section without permitting any person the opportunity to institute a cause of action by means
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of a pauper's oath, in accordance with Rule 29 of the Rules of the Tennessee Supreme Court.
All Not provided for At enforcement of fine or fee Burden on defendant to show inability to pay Not provided for Yes

Not specified

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Tennessee Tenn. Code Ann. § 40-15-105(a)(2)(F) Memoranda of Understanding
(a)(2) Prosecution of the defendant shall not be suspended unless the parties in the memorandum of understanding also agree that the defendant observe one (1) or more of the following
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conditions during the period in which the prosecution is suspended: . . . (F) That the defendant pay, in addition to the payment of ten dollars ($10.00) per month required by this section, any or all additional costs of the defendant's supervision, counseling or treatment in a specified manner based upon the defendant's ability to pay;
All Not provided for Not provided for Burden on defendant to show inability to pay Not provided for Yes

Reduction or waiver of the fee