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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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.
5 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. § 533.030(2)(l) | Conditions of probation and conditional discharge; restitution to victim |
(2) When imposing a sentence of probation or conditional discharge, the court may, in addition to any other reasonable condition, require that the defendant: (l) Submit to periodic testing for the use of controlled substances or alcohol, if the defendant's record indicates a controlled substance or alcohol problem, and to pay a reasonable fee, as determined by the court, which fee shall not exceed the actual cost of the test and analysis and shall be paid directly to the agency or agencies responsible for testing and analysis as compensation for the cost of the testing and analysis, as specified by written order of the court, performed under this subsection. For good cause shown, the testing fee may be waived by the court;
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All |
Not provided for |
Not provided for | Not provided for | Determined by judge without hearing | No |
Fee waived |
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Kentucky | Ky. Rev. Stat. Ann. § 534.030(2) | Fines for felonies |
(2) In determining the amount and method of paying a fine for commission of a felony, the court shall consider, among others, the following factors: (a) The defendant's ability to pay the amount of the fine; (b) The hardship likely to be imposed on the defendant's dependents by the amount of the fine and the time and method of paying it; (c) The impact the amount of the fine will have on the defendant's ability to make reparation or restitution to the victim; and (d) The amount of the defendant's gain, if any, derived from the commission of the offense.
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Felony | Not provided for | Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
Not specified |
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Kentucky | Ky. Rev. Stat. Ann. § 510.320(2)-(3),(6) | Human immunodeficiency virus testing for defendants accused of certain sexual offenses; results; counseling when test positive; cost; effect of appeal |
(2) A defendant charged with an offense pursuant to this chapter which has sexual intercourse or deviate sexual intercourse as an element, or has sexual contact as an element when the circumstances of the case demonstrate a possibility of transmission of human immunodeficiency virus, shall upon initial court appearance on the charge, be informed by the judge of the availability of human immunodeficiency virus testing. The judge shall also notify the victim of the offense, or parent or guardian of the victim, that the defendant has been so notified.
(3) When a defendant has been convicted of any offense in subsection (2) of this section, other provisions of law to the contrary notwithstanding, the sentencing court, regardless of any prior human immunodeficiency virus test, shall order the defendant to undergo a human immunodeficiency virus test, under the direction of the Cabinet for Health and Family Services... (6) The cost of testing under this section shall be paid by the defendant tested, unless the court has determined the defendant to be indigent. |
All |
Indigency |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
Not specified |
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Kentucky | Ky. Rev. Stat. Ann. § 534.040 | Fines for misdemeanors and violations |
(4) Fines required by this section shall not be imposed upon any person determined by the court to be indigent pursuant to KRS Chapter 31. |
Misdemeanor |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No | Not provided for |
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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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