Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Ability to Pay
Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
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See all ability to pay policy recommendations in CJPP’s Policy Guide
State
- Alabama (12)
- Alaska (8)
- Arizona (5)
- Arkansas (8)
- California (90)
- Colorado (29)
- Connecticut (19)
- Delaware (4)
- Florida (36)
- Georgia (14)
- Hawaii (14)
- Idaho (15)
- Illinois (23)
- Indiana (15)
- Iowa (12)
- Kansas (6)
- (-) Kentucky (17)
- Louisiana (10)
- Maine (9)
- Maryland (3)
- Massachusetts (39)
- Michigan (17)
- Minnesota (14)
- Mississippi (8)
- (-) Missouri (15)
- Montana (29)
- Nebraska (14)
- Nevada (7)
- New Hampshire (29)
- New Jersey (9)
- New Mexico (14)
- New York (8)
- North Carolina (14)
- North Dakota (14)
- Ohio (32)
- Oklahoma (10)
- Oregon (13)
- Pennsylvania (6)
- Rhode Island (3)
- (-) South Carolina (17)
- South Dakota (10)
- Tennessee (11)
- Texas (17)
- Utah (5)
- Vermont (9)
- Virginia (10)
- Washington (15)
- Washington DC (5)
- West Virginia (16)
- Wisconsin (7)
- Wyoming (17)
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Below are the ability to pay laws that meet your search criteria. Many include a See related provisions prompt which searches our database for laws that may pertain to your result.
49 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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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 morethe participation fee must be waived.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
waiver |
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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 morefor enrollment, education, and supervision services may be waived or reduced at the discretion of each solicitor.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
waived or reduced |
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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 moreProcedures for collecting a fee from offenders must be implemented based on a sliding scale according to income and ability to pay;
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
waiver |
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South Carolina | S.C. Code Ann. § 17-25-322(B) | Restitution to crime victim by person convicted of crime; hearing; determination of method, manner, and amount; entry of order |
(B) In determining the manner, method, or amount of restitution to be ordered, the court may take into consideration the following:(1) the financial resources of the defendant and the victim + See moreand the burden that the manner or method of restitution will impose upon the victim or the defendant;
(2) the ability of the defendant to pay restitution on an installment basis or on other conditions to be fixed by the court;
(3) the anticipated rehabilitative effect on the defendant regarding the manner of restitution or the method of payment;
(4) any burden or hardship upon the victim as a direct or indirect result of the defendant's criminal acts;
(5) the mental, physical, and financial well-being of the victim.
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financial resources of the defendant and the victim and the burden that the manner or method of restitution will impose upon the victim or the defendant |
Before imposition of fine or fee | Not provided for | Not provided for | No |
not specified |
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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 morethe 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.
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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 |
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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 moreThe regular supervision fee must be determined by the Department of Probation, Parole, and Pardon Services based upon the ability of the person to pay.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
not specified |
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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 moremonitoring. The regular monitoring fee must be determined by the department based upon the ability of the person to pay.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
not specified |
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South Carolina | S.C. Code Ann. § 24-21-480 | Restitution Center program; distribution of offenders' salaries |
The offender must deliver his salary to the restitution center staff who must distribute it in the following manner: 4) payment of a daily fee for housing and food. This + See morefee may be set by the department with the approval of the Department of Administration. The fee must be based on the offender's ability to pay not to exceed the actual costs.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
not specified |
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South Carolina | S.C. Code Ann § 16-25-20(G) | Acts prohibited; penalties | The offender shall pay a reasonable fee, if required, for participation in the program but no person may be denied participation due to inability to pay. | All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
not specified |
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