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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Kentucky Ky. Rev. Stat. Ann. § 441.265(2)(b) Required reimbursement by prisoner of costs of confinement; local policy of fee and expense rates; billing and collection methods

(b) Rates charged may be adjusted in accordance with the fee and expense reimbursement policy based upon the ability of the prisoner confined to the jail to pay, giving consideration to

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any legal obligation of the prisoner to support a spouse, minor children, or other dependents. The prisoner's interest in any jointly owned property and the income, assets, earnings, or other property owned by the prisoner's spouse or family shall not be used to determine a prisoner's ability to pay.

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Not provided for

Not provided for Not provided for Administrative decision No

Not specified

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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

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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.

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

N/A

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Kentucky Ky. Rev. Stat. Ann. § 532.454(5) Persons prohibited from probation or postincarceration supervision; procedure when probation or postincarceration supervision not prohibited

(5) The offender shall pay for any evaluation or treatment required pursuant to this section up to the offender's ability to pay but not more than the actual cost of

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the comprehensive sex offender presentence evaluation or treatment.

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Before imposition of fine or fee Not provided for Administrative decision No

N/A

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Michigan Mich. Comp. Laws § 791.225a Projected income and financial resources
(3) In determining the amount of the fee, the department shall consider the offender's projected income and financial resources. . . . (6) If a person has not paid the
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full amount of a supervision fee upon being discharged from probation, or upon termination of the period of delayed sentence for a person subject to delayed sentence, the department shall review and compare the actual income of the person during the period of probation or delayed sentence with the income amount projected when the supervision fee was ordered. If the department determines that the person's actual income did not equal or exceed the projected income, the department shall waive any unpaid amount in excess of the total amount that the person would have been ordered to pay if the person's income had been accurately projected, unless the court order states that a higher amount was ordered due to available assets or other financial resources.
All Not provided for Not provided for Not provided for Administrative decision Yes

Not specified

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North Dakota N.D. Cent. Code § 29-26-22.2 Authority to compromise judgment by county commissioners
The board of county commissioners has authority to compromise and settle any judgment for fines or costs payable to the county treasury after a lapse of two years from the
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filing thereof, if in the opinion of said board said judgment cannot be collected in full. Upon receipt of a certified copy of the board's action, the state's attorney of said county shall in accordance therewith make and file a partial or total satisfaction of said judgment as attorney for the county.
All Not provided for Not provided for Not provided for Administrative decision No Not provided for