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320 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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North Dakota | N.D. Cent. Code § 12.1-32-08(1) | Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation |
In determining whether to order restitution, the court shall take into account: . . . The ability of the defendant to restore the fruits of the criminal action or to + See morepay monetary reparations, or to otherwise take action to restore the victim's property. . . . The court shall fix the amount of restitution or reparation, which may not exceed an amount the defendant can or will be able to pay, and shall fix the manner of performance of any condition or conditions of probation established pursuant to this subsection.
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All |
ability of defendant to pay monetary reparations |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
amount of restitution shall not exceed ability to pay |
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Nebraska | Neb. Rev. Stat. § 29-2284 | Probation or parole; revocation; conditions |
If the defendant is placed on probation or paroled, the court may revoke probation, and the Board of Parole may revoke parole if the defendant fails to comply with the + See morerestitution order. In determining whether to revoke probation or parole, the court or Board of Parole shall consider the defendant's earning ability and financial resources, the willfulness of the defendant's failure to pay, and any special circumstances affecting the defendant's ability to pay. Probation or parole may not be revoked unless noncompliance with the restitution order is attributable to an intentional refusal to obey the order or a failure to make a good faith effort to comply with the order.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Not provided for | Yes |
N/A |
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North Dakota | N.D. Cent. Code § 27-01-10(3) | Fee assessments for funding crime victim and witness programs |
The district or municipal judge may assess the fee when sentence is imposed or when sentence is suspended or imposition of sentence is deferred, unless the defendant is indigent and + See moreunable to pay the fee.
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All |
indigent and unable to pay the fee |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
fee is not assessed |
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North Dakota | N.D. Cent. Code § 29-07-1.1 | Payment of expenses for defense of indigents--Reimbursement of indigent defense costs and expenses--Indigent defense administration fund--Continuing appropriation |
For an application for indigent defense services in the district court, a nonrefundable application fee of thirty-five dollars must be paid at the time the application is submitted. The district + See morecourt may extend the time for payment of the fee or may waive or reduce the fee if the court determines the defendant is financially unable to pay all or part of the fee.
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All |
financially unable to pay all or part of the fee |
At enforcement of fine or fee | Not provided for | Not provided for | Yes |
extend time for payment; reduce fee |
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North Dakota | N.D. Cent. Code § 12.1-32-08(4)(a) | Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation |
Under section 12.1-32-07, the court may order that the defendant reimburse indigent defense costs and expenses as a condition of probation. Unless it finds that there is no likelihood that + See morethe defendant is or will be able to pay attorney's fees and expenses, the court, in its judgment of conviction, and in any order or amended judgment following a revocation or other postjudgment proceeding, shall notify the defendant, the defendant's probation officer, and the prosecuting attorney of the presumed amount of costs and expenses to be reimbursed, as determined by the commission on legal counsel for indigents, and of the right to a hearing on the reimbursement amount. The reimbursement amount must include an application fee imposed under section 29-07-01.1 if the fee has not been paid before disposition of the case and the court has not waived payment of the fee. If the defendant or prosecutor requests a hearing within thirty days of receiving notice under this subdivision, the court shall schedule a hearing at which the actual amount of attorney's fees and expenses must be shown. In determining the amount and method of reimbursement, the court shall consider the financial resources of the defendant and the nature of the burden that reimbursement of costs and expenses will impose.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
reimbursement is waived |
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North Dakota | N.D. Cent. Code § 12.1-32-02.2(1) | Repayment of rewards paid by crimestoppers programs--Duties of attorney general--Qualified local programs--Disbursement of moneys collected |
1. After a defendant has been convicted of a felony, the court may order the defendant to repay all or part of any reward paid by a qualified local program. + See moreIn determining whether the defendant must repay the reward or part of the reward, the court shall consider: a. The ability of the defendant to make the payments, including any financial hardship that payment may cause to the defendant's dependents.
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Felony |
ability of the defendant to make the payments, including any financial hardship that payment may cause to the defendant's dependents |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
defendant pays part or non of the reward |
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North Dakota | N.D. Cent. Code § 12.1-32-05 | Imposition of fine--Response to nonpayment |
1. The court, in making a determination of the propriety of imposing a sentence to pay a fine, shall consider the following factors: a. The ability of the defendant to + See morepay without undue hardship.
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All |
ability of the defendant to pay without undue hardship |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
fine not imposed |
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North Dakota | N.D. Cent. Code § 12.1-32-08(4)(a) | Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation |
Under section 12.1-32-07, the court may order that the defendant reimburse indigent defense costs and expenses as a condition of probation. Unless it finds that there is no likelihood that + See morethe defendant is or will be able to pay attorney's fees and expenses, the court, in its judgment of conviction, and in any order or amended judgment following a revocation or other postjudgment proceeding, shall notify the defendant, the defendant's probation officer, and the prosecuting attorney of the presumed amount of costs and expenses to be reimbursed, as determined by the commission on legal counsel for indigents, and of the right to a hearing on the reimbursement amount
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All |
there is no likelihood that the defendant is or will be able to pay attorney's fees and expense |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
costs may not be imposed |
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Pennsylvania | Pa. R. Crim. P. 706 | Fines or Costs |
(A) A court shall not commit the defendant to prison for failure to pay a fine or costs unless it appears after hearing that the defendant is financially able + See moreto pay the fine or costs.
(B) When the court determines, after hearing, that the defendant is without the financial means to pay the fine or costs immediately or in a single remittance, the court may provide for payment of the fines or costs in such installments and over such period of time as it deems to be just and practicable, taking into account the financial resources of the defendant and the nature of the burden its payments will impose, as set forth in paragraph (D) below.
(C) The court, in determining the amount and method of payment of a fine or costs shall, insofar as is just and practicable, consider the burden upon the defendant by reason of the defendant’s financial means, including the defendant’s ability to make restitution or reparations.
(D) In cases in which the court has ordered payment of a fine or costs in installments, the defendant may request a rehearing on the payment schedule when the defendant is in default of a payment or when the defendant advises the court that such default is imminent. At such hearing, the burden shall be on the defendant to prove that his or her financial condition has deteriorated to the extent that the defendant is without the means to meet the payment schedule. Thereupon the court may extend or accelerate the payment schedule or leave it unaltered, as the court finds to be just and practicable under the circumstances of record. When there has been default and the court finds the defendant is not indigent, the court may impose imprisonment as provided by law for nonpayment.
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All |
financial means to pay, taking account of financial resources and nature of burden |
Not provided for | Burden on defendant to show inability to pay | Not provided for | Yes |
Installment Plans |
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Pennsylvania | 42 Pa. Stat. Ann. § 9726 | Fine |
The court shall not sentence a defendant to pay a fine unless it appears of record that:(1) the defendant is or will be able to pay the fine; and(2) the + See morefine will not prevent the defendant from making restitution or reparation to the victim of the crime.(d) Financial resources.--In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose.
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All |
financial means to pay, taking account of financial resources and nature of burden |
Not provided for | Not provided for | Not provided for | Yes |
waiver of fine |
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Pennsylvania | 18 Pa. Stat. Ann. § 7508.1(b) | Substance Abuse Education and Demand Reduction Fund. |
Unless the court finds that undue hardship would result, a mandatory cost of $100, which shall be in addition to any other costs imposed pursuant to statutory authority, shall automatically + See morebe assessed on any individual convicted, adjudicated delinquent or granted Accelerated Rehabilitative Disposition or any individual who pleads guilty or nolo contendere for a violation of the act of April 14, 1972 (P.L. 233, No. 64)1, known as The Controlled Substance, Drug, Device and Cosmetic Act, or a violation of 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance).
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All | Not provided for | Not provided for | Not provided for | Not provided for | Yes |
not specified |
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Pennsylvania | 18 Pa. Stat. Ann. § 1106 | Restitution for injuries to person or property |
At the time of sentencing the court shall specify the amount and method of restitution. In determining the amount and method of restitution, the court: (i) Shall consider the extent + See moreof injury suffered by the victim, the victim's request for restitution as presented to the district attorney in accordance with paragraph (4) and such other matters as it deems appropriate. (ii) May order restitution in a lump sum, by monthly installments or according to such other schedule as it deems just. (iii) Shall not order incarceration of a defendant for failure to pay restitution if the failure results from the offender's inability to pay.
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All | Not provided for | Not provided for | Not provided for | Not provided for | Yes |
payment plan |
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Pennsylvania | 18 Pa. Stat. Ann. § 11.1102 | Costs for offender supervision programs |
1) For offenders under supervision of a county probation department or the board as of August 14, 1991, the fee shall automatically become a part of the supervision conditions as + See moreif the court or board had imposed it unless the court or board makes a finding that the offender is presently unable to pay.(2) The court or board may make a finding that the offender is unable to pay based on any of the following factors: (i) The offender has diligently attempted but has been unable to obtain employment that provides the offender sufficient income to make such payments. (ii) The offender is a student in a school, a college, a university or a course of vocational or technical training designed to fit the student for gainful employment. (iii) The offender has an employment handicap as determined by an examination acceptable to or ordered by the court or board. (iv) The offender's age prevents employment. (v) The offender is responsible for the support of dependents, and the payment of the assessment constitutes an undue hardship on the offender.(vi) Other extenuating circumstances as determined by the court or board.
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All |
1) For offenders under supervision of a county probation department or the board as of August 14, 1991, the fee shall automatically become a part of the supervision conditions as if the court or board had imposed it unless the court or board makes a finding that the offender is presently unable to pay.(2) The court or board may make a finding that the offender is unable to pay based on any of the following factors: (i) The offender has diligently attempted but has been unable to obtain employment that provides the offender sufficient income to make such payments. (ii) The offender is a student in a school, a college, a university or a course of vocational or technical training designed to fit the student for gainful employment. (iii) The offender has an employment handicap as determined by an examination acceptable to or ordered by the court or board. (iv) The offender's age prevents employment. (v) The offender is responsible for the support of dependents, and the payment of the assessment constitutes an undue hardship on the offender.(vi) Other extenuating circumstances as determined by the court or board.
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Not provided for | Burden on defendant to show inability to pay | Not provided for | Yes | Not provided for |
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New Jersey | N.J. Stat. Ann. § 2C:44-2 | Criteria for imposing fines |
a. The court may sentence a defendant to pay a fine in addition to a sentence of imprisonment or probation if: (1) The defendant has derived a pecuniary gain from the offense + See moreor the court is of opinion that a fine is specially adapted to deterrence of the type of offense involved or to the correction of the offender; (2) The defendant is able, or given a fair opportunity to do so, will be able to pay the fine; and (3) The fine will not prevent the defendant from making restitution to the victim of the offense... c. (1) In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes | Not provided for |
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New Jersey | N.J. Stat. Ann. § 2C:44-2 | Criteria for imposing restitution |
b. The court shall sentence a defendant to pay restitution in addition to a sentence of imprisonment or probation that may be imposed if: (1) The victim, or in the case + See moreof a homicide, the nearest relative of the victim, suffered a loss; and (2) The defendant is able to pay or, given a fair opportunity, will be able to pay restitution. c. (1) In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose. (2) In determining the amount and method of payment of restitution, the court shall take into account all financial resources of the defendant, including the defendant's likely future earnings, and shall set the amount of restitution so as to provide the victim with the fullest compensation for loss that is consistent with the defendant's ability to pay. The court shall not reduce a restitution award by any amount that the victim has received from the Violent Crimes Compensation Board, but shall order the defendant to pay any restitution ordered for a loss previously compensated by the Board to the Violent Crimes Compensation Board. If restitution to more than one person is set at the same time, the court shall set priorities of payment.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes | Not provided for |
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California | Cal. Veh. Code § 14601.5(e) | Driving with suspended license |
In imposing the minimum fine required by subdivision (d), the court shall take into consideration the defendant's ability to pay the fine and may, in the interest of justice, and + See morefor reasons stated in the record, reduce the amount of that minimum fine to less than the amount otherwise imposed.
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Traffic |
NA |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Court may waive or reduce fine |
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New Jersey | N.J. Stat. Ann. § 2A:158A-16 | services rendered - ability to pay |
In all cases where it appears that the defendant has or reasonably expects to have means to meet some part, though not all, of the cost of the services rendered + See moreto him he shall be required to reimburse the office, either by a single payment or in installments, in such amounts as he can reasonably be expected to pay; but no default or failure in the making of any such payment shall in any wise affect or reduce the rendering of the services to him.
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All | Not provided for | Not provided for | Not provided for | Not provided for | Yes |
Not specified |
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New Jersey | N.J. Stat. Ann. § 2C:43-3.1 | defendant's ability to pay |
In imposing this assessment, the court shall consider factors such as the severity of the crime, the defendant's criminal record, defendant's ability to pay and the economic impact of the + See moreassessment on the defendant's dependents.
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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 + See moreupon the defendant's ability to pay.
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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 + See morehis 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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All |
unreasonable hardship |
Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
exemption from payment of fees |
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