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17 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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Kentucky | Ky. Rev. Stat. Ann. § 534.020 | "Methods of imposing fines; installment payment plan; determination of reason for defendant's default; show cause hearing; certain installment payments not to be reported as liquidated debt" |
(2) If the court establishes an installment payment plan for a defendant to pay the full amount of court costs, fees, or fines: (a) The defendant shall be given notice of the total amount due, the payment frequency, and the date by which all payments must be made. The notice shall indicate that if the defendant has not complied with the installment payment plan by the scheduled date, he or she shall appear on that date to show good cause as to why he or she is unable to satisfy the obligations. This notice shall be given to the defendant in writing on a form provided by the Administrative Office of the Courts;
(3)(a) If a defendant is required to appear at a show cause hearing pursuant to subsection (2)(a) of this section, the court shall determine whether the defendant's default in payment of court costs, fees, or fines is: 1. Excusable due to an inability to pay, and if so, the court may enter an order allowing additional time for payment, reducing the amount of each installment, or modifying the manner of payment in any other way; or 2. Willful and not due to an inability to pay, and if so, the court may order the defendant to jail on the condition that the defendant shall be released upon payment or completion of daily credit pursuant to KRS 534.070. |
All | Not provided for | At enforcement of fine or fee | Not provided for | Determined by judge after hearing | Yes |
Allowing additional time for payment, reducing the amount of each installment, or modifying the manner of payment in any other way. |
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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 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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All |
Not provided for |
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 the comprehensive sex offender presentence evaluation or treatment.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Administrative decision | No |
N/A |
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Kentucky | Ky. Rev. Stat. Ann. § 532.354(1) | Copayment for medical treatment |
(1) A local government may require prisoners to make a reasonable copayment in advance of medical treatment received through a regional jail facility. No prisoner shall be denied medical treatment by reason of indigency, but a prisoner may be required to pay for medical treatment as part of any reimbursement order entered by the sentencing court.
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All |
Indigency |
Not provided for | Not provided for | Not provided for | No |
N/A |
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Kentucky | Ky. Rev. Stat. Ann. § 532.352 | Reimbursement for costs of incarceration |
(1) The sentencing court may order a person who is sentenced to a term of incarceration for any nonstatus juvenile offense, moving traffic violation, criminal violation, misdemeanor, or Class D felony offense to reimburse the state or local government for the costs of his incarceration. The reimbursements paid under this subsection shall be credited to the local government sinking fund.
(2) The sentencing court shall determine the amount of incarceration costs to be paid based on the following factors: (a) The actual per diem, per person, cost of incarceration; (b) The cost of medical services provided to a prisoner less any copayment paid by the prisoner; and (c) The prisoner's ability to pay all or part of his incarceration costs. |
All |
Not provided for |
Not provided for | Not provided for | Not provided for | No |
N/A |
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Kentucky | Ky. Rev. Stat. Ann. § 23A.205 | Court costs for criminal cases in Circuit Court; payment required; exceptions |
(1) Court costs for a criminal case in the Circuit Court shall be one hundred dollars ($100). case, shall be mandatory and shall not be subject to probation, suspension, proration, deduction, or other form of nonimposition in the terms of a plea bargain or otherwise, unless the court finds that the defendant is a poor person as defined by KRS 453.190(2) and that he or she is unable to pay court costs and will be unable to pay the court costs in the foreseeable future.
(3) If the court finds that the defendant does not meet the standard articulated in subsection (2) of this section and that the defendant is nonetheless unable to pay the full amount of the court costs, fees, or fines at the time of sentencing, then the court may establish an installment payment plan in accordance with KRS 534.020. |
All |
"A poor person" as defined by statute. |
Not provided for | Not provided for | Not provided for | No |
Fee probation, suspension, proration, deduction, or other form of nonimposition |
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Kentucky | Ky. Rev. Stat. Ann. § 23A.208(3) | Additional fee for sex crime, stalking, or related inchoate offenses |
(3) The court may waive all or any portion of the fee required by this section if the court finds that a person subject to the surcharge is indigent or financially unable to pay all or any portion of the surcharge. The court may waive only the portion of the surcharge that the court finds the person is financially unable to pay.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Waive portion of surcharge. |
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North Carolina | N.C. Gen. Stat. Ann. § 15A-145.4(j) | Expunction of records for first offenders who are under 18 years of age at the time of the commission of a nonviolent felony |
(j) A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred seventy-five dollars ($175.00) at the time the petition is filed. Fees collected under this subsection are payable to the Administrative Office of the Courts. The clerk of superior court shall remit one hundred twenty-two dollars and fifty cents ($122.50) of each fee to the North Carolina Department of Public Safety for the costs of criminal record checks performed in connection with processing petitions for expunctions under this section. The remaining fifty-two dollars and fifty cents ($52.50) of each fee shall be retained by the Administrative Office of the Courts and used to pay the costs of processing petitions for expunctions under this section. This subsection does not apply to petitions filed by an indigent.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Administrative decision | No |
N/A |
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North Carolina | N.C. Gen. Stat. Ann. § § 15A-145(e) | Expunction of records for first offenders under the age of 18 at the time of conviction of misdemeanor; expunction of certain other misdemeanors |
A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred seventy-five dollars ($ 175.00) at the time the petition is filed. Fees collected under this subsection are payable to the Administrative Office of the Courts. The clerk of superior court shall remit one hundred twenty-two dollars and fifty cents ($ 122.50) of each fee to the North Carolina Department of Public Safety for the costs of criminal record checks performed in connection with processing petitions for expunctions under this section. The remaining fifty-two dollars and fifty cents ($ 52.50) of each fee shall be retained by the Administrative Office of the Courts and used to pay the costs of processing petitions for expunctions under this section. This subsection does not apply to petitions filed by an indigent.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Administrative decision | No |
N/A |
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North Carolina | N.C. Gen. Stat. Ann. § 15A-145.1(d) | Expunction of records for first offenders under the age of 18 at the time of conviction of certain gang offenses |
A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred seventy-five dollars ($ 175.00) at the time the petition is filed. Fees collected under this subsection are payable to the Administrative Office of the Courts. The clerk of superior court shall remit one hundred twenty-two dollars and fifty cents ($ 122.50) of each fee to the North Carolina Department of Public Safety for the costs of criminal record checks performed in connection with processing petitions for expunctions under this section. The remaining fifty-two dollars and fifty cents ($ 52.50) of each fee shall be retained by the Administrative Office of the Courts and used to pay the costs of processing petitions for expunctions under this section. This subsection does not apply to petitions filed by an indigent.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Administrative decision | No |
N/A |
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North Carolina | N.C. Gen. Stat. Ann. § 15A-145.2(d) | Expunction of records for first offenders not over 21 years of age at the time of the offense of certain drug offenses |
A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred seventy-five dollars ($ 175.00) at the time the petition is filed. Fees collected under this subsection are payable to the Administrative Office of the Courts. The clerk of superior court shall remit one hundred twenty-two dollars and fifty cents ($ 122.50) of each fee to the North Carolina Department of Public Safety for the costs of criminal record checks performed in connection with processing petitions for expunctions under this section. The remaining fifty-two dollars and fifty cents ($ 52.50) of each fee shall be retained by the Administrative Office of the Courts and used to pay the costs of processing petitions for expunctions under this section. This subsection does not apply to petitions filed by an indigent.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Administrative decision | No |
N/A |
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North Carolina | N.C. Gen. Stat. Ann. § 15A-145.3(d) | Expunction of records for first offenders not over 21 years of age at the time of the offense of certain toxic vapors offenses |
A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred seventy-five dollars ($ 175.00) at the time the petition is filed. Fees collected under this subsection are payable to the Administrative Office of the Courts. The clerk of superior court shall remit one hundred twenty-two dollars and fifty cents ($ 122.50) of each fee to the North Carolina Department of Public Safety for the costs of criminal record checks performed in connection with processing petitions for expunctions under this section. The remaining fifty-two dollars and fifty cents ($ 52.50) of each fee shall be retained by the Administrative Office of the Courts and used to pay the costs of processing petitions for expunctions under this section. This subsection does not apply to petitions filed by an indigent.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Administrative decision | No |
N/A |
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North Carolina | N.C. Gen. Stat. Ann. § 7A-452(a)-(c1) | Source of counsel; fees; appellate records |
(a) Upon the court's determination that a person is indigent and entitled to counsel under this Article, counsel shall be appointed in accordance with rules adopted by the Office of Indigent Defense Services. In noncapital cases, the court shall assign counsel pursuant to rules adopted by the Office of Indigent Defense Services. In capital cases, the Office of Indigent Defense Services or designee of the Office of Indigent Defense Services shall assign counsel; at least one member of each capital defense team, where practicable, shall be a member of the bar in that division. In the courts of those counties which have a public defender, however, the public defender may tentatively assign himself or an assistant public defender to represent an indigent person, subject to subsequent determination of entitlement to counsel by the court and approval by the court in noncapital cases and by the Office of Indigent Defense Services in capital cases.
(b) Fees of assigned counsel and salaries and other operating expenses of the offices of the public defenders shall be borne by the State. (c)(1) The clerk of superior court is authorized to make a determination of indigency and entitlement to counsel, as authorized by this Article. The word “court,” as it is used in this Article and in any rules pursuant to this Article, includes the clerk of superior court. |
All |
Indigent |
Before imposition of fine or fee | Not provided for | Other | No |
State pays counsel fees. |
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North Carolina | N.C. Gen. Stat. Ann .§ 7A-450 | Indigency; definition; entitlement; determination; change of status |
(a) An indigent person is a person who is financially unable to secure legal representation and to provide all other necessary expenses of representation in an action or proceeding enumerated in this Subchapter. An interpreter is a necessary expense as defined in Chapter 8B of the General Statutes for a deaf person who is entitled to counsel under this subsection.
(b) Whenever a person, under the standards and procedures set out in this Subchapter, is determined to be an indigent person entitled to counsel, it is the responsibility of the State to provide him with counsel and the other necessary expenses of representation. The professional relationship of counsel so provided to the indigent person he represents is the same as if counsel had been privately retained by the indigent person. (b1) An indigent person indicted for murder may not be tried where the State is seeking the death penalty without an assistant counsel being appointed in a timely manner. If the indigent person is represented by the public defender's office, the requirement of an assistant counsel may be satisfied by the assignment to the case of an additional attorney from the public defender's staff. (c) The question of indigency may be determined or redetermined by the court at any stage of the action or proceeding at which an indigent is entitled to representation. (d) If, at any stage in the action or proceeding, a person previously determined to be indigent becomes financially able to secure legal representation and provide other necessary expenses of representation, he must inform the counsel appointed by the court to represent him of that fact. In such a case, that information is not included in the attorney client privilege, and counsel must promptly inform the court of that information. |
All |
Indigent |
Before imposition of fine or fee | Not provided for | Other | No |
State provides for counsel. |
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North Carolina | N.C. Gen. Stat. Ann. § 7A-313.1 | Fee for costs of electronic monitoring |
A county that provides the personnel, equipment, and other costs of providing electronic monitoring as a condition of an offender's bond or pretrial release may collect a fee from the offender that is the lesser of the amount of the jail fee authorized in G.S. 7A-313 or the actual cost of providing the electronic monitoring. A county may not collect a fee from an offender who is determined to be indigent and entitled to court-appointed counsel.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Not provided for | No |
Fee waiver |
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North Carolina | N.C. Gen. Stat. Ann. § 14-208.45 | Sex Offender and Public Protection Registration Programs: Fees |
(a) Except as provided in subsections (b) and (b1) of this section, each person required to enroll pursuant to this Part shall pay a one-time fee of ninety dollars ($90.00). The fee shall be payable to the clerk of superior court, and the fees shall be remitted quarterly to the Division of Adult Correction and Juvenile Justice of the Department of Public Safety. This fee is intended to offset only the costs associated with the time-correlated tracking of the geographic location of subjects using the location tracking crime correlation system.
(b) When a court determines a person is required to enroll pursuant to G.S. 14-208.40A or G.S. 14-208.40B, the court may exempt a person from paying the fee required by subsection (a) of this section only for good cause and upon motion of the person required to enroll in satellite-based monitoring. The court may require that the fee be paid in advance or in a lump sum or sums, and a probation officer may require payment by those methods. (c) When a person is required to enroll based on a determination by the Division of Adult Correction and Juvenile Justice pursuant to G.S. 14-208.40B, the Division of Adult Correction and Juvenile Justice shall have the authority to exempt the person from paying the fee only for good cause and upon request of the person required to enroll in satellite-based monitoring. The Division of Adult Correction and Juvenile Justice may require that the fee be paid in advance or in a lump sum or sums, and a probation officer may require payment by those methods. Credits |
All |
Agency/court has authority to exempt the person from paying the fee only for good cause. |
At defendant's request before imposition of fine or fee | Burden on defendant to show inability to pay | Administrative decision | No |
Fee waiver |
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North Carolina | N.C. Gen. Stat. Ann. § 15A-1340.36(a) | Determination of restitution |
(a) In determining the amount of restitution to be made, the court shall take into consideration the resources of the defendant including all real and personal property owned by the defendant and the income derived from the property, the defendant's ability to earn, the defendant's obligation to support dependents, and any other matters that pertain to the defendant's ability to make restitution, but the court is not required to make findings of fact or conclusions of law on these matters. The amount of restitution must be limited to that supported by the record, and the court may order partial restitution when it appears that the damage or loss caused by the offense is greater than that which the defendant is able to pay. If the court orders partial restitution, the court shall state on the record the reasons for such an order.
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All |
The resources of the defendant including all real and personal property owned by the defendant and the income derived from the property, the defendant's ability to earn, the defendant's obligation to support dependents; damage or loss caused by the offense is greater than that which the defendant is able to pay.
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Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Partial restitution |
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