Data Explorer: Ability to pay | 50 State Criminal Justice Debt Tool

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
Add to Dashboard + Create New	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 + See more 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.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Not specified
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 534.045(1)-(3)	Assessment of reimbursement fee against jail prisoners; collection; fee determination; relevant evidence; modification	(1) Pursuant to a conviction of a misdemeanor, including traffic offenses, where a person is sentenced to incarceration in the county jail, the District Court may assess a reimbursement fee + See more to help defray the expenses of the prisoner's room and board. The reimbursement fee shall not exceed twenty-five percent (25%) of the prisoner's gross daily wages or forty dollars ($40) per day, whichever is less. All moneys shall be paid directly to the jailer. (2) In determining whether a reimbursement fee as described in subsection (1) of this section is to be assessed, and in establishing the amount of the fee, the court shall consider evidence relevant to the prisoner's ability to pay the fee . . . (3) After considering all relevant evidence to the issue of the prisoner's ability to pay, the court shall enter as part of its judgment the amount of the reimbursement fee, if any, that shall be paid by the prisoner during his period of incarceration in the county jail. The fee shall bear a reasonable relationship to the person's income. Upon petition by the prisoner affected by the order, the amount may be modified to reflect any changes in the financial status of the prisoner. In any appeal that might be taken from the conviction, the amount of the reimbursement fee may be challenged.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Not specified
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 31.211(1)	Determination of ability to pay partial fee for representation and services at arraignment; collection of unpaid partial fee by civil judgment; partial fee credited to local office or department; funds + See more placed in special trust and agency account	At arraignment, the court shall conduct a nonadversarial hearing to determine whether a person who has requested a public defender is able to pay a partial fee for legal representation, + See more the other necessary services and facilities of representation, and court costs. The court shall order payment in an amount determined by the court and may order that the payment be made in a lump sum or by installment payments to recover money for representation provided under this chapter. This partial fee determination shall be made at each stage of the proceedings.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	If the court finds that an individual is unable to pay (is "needy") the court shall waive all costs, see Ky. Rev. Stat. Ann. § 31.110
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 24A.175	Court costs for criminal cases in District Court; payment required; exceptions; treatment of minor defendant	The taxation of court costs against a defendant, upon conviction in a case, including persons sentenced to state traffic school as provided under KRS 186.574, shall be mandatory and shall not + See more 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.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Not specified
Add to Dashboard + Create New	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 + See more 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.	All	Not provided for	Before imposition of fine or fee	Not provided for	Administrative decision	Yes	N/A
Add to Dashboard + Create New	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 + See more the comprehensive sex offender presentence evaluation or treatment.	All	Not provided for	Before imposition of fine or fee	Not provided for	Administrative decision	No	N/A
Add to Dashboard + Create New	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
Add to Dashboard + Create New	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 + See more 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.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Waive portion of surcharge.
Add to Dashboard + Create New	Oklahoma	Okla. Stat. tit. 10A, § 1-4-701A	Reimbursements and costs by parents able to pay	Upon notice to the parent or other person legally obligated to support the child and upon an opportunity to be heard and a finding of financial ability to pay	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	None specified

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