50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Ability to Pay
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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.
18 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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Texas | Tex. Code Crim. Proc. Art. 42A.303(f) | Substance Abuse Felony Program |
In establishing the amount of a fee under Subsection (d)(2), the judge shall consider fines, fees, and other necessary expenses for which the defendant is obligated. The judge may not: (1) establish the fee in an amount that is greater than 25 percent of the defendant's gross income while the defendant is a participant in residential aftercare; or (2) require the defendant to pay the fee at any time other than a time at which the defendant is both employed and a participant in residential aftercare.
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All |
N/A |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
N/A |
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Texas | Tex. Code Crim. Proc. Art. 26.05(g) | Compensation of Counsel Appointed to Defend |
If the judge determines that a defendant has financial resources that enable the defendant to offset in part or in whole the costs of the legal services provided to the defendant in accordance with Article 1.051(c) or (d), including any expenses and costs, the judge shall order the defendant to pay during the pendency of the charges or, if convicted, as a reimbursement fee the amount that the judge finds the defendant is able to pay.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
Pay only attorney fee that defendant can afford to pay. |
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Texas | Tex. Code Crim. Proc. art. 42.038(c)-(d) | Reimbursement for Confinement Expenses |
(c) A judge may not require reimbursement under this article if the judge determines the defendant is indigent based on the defendant’s sworn statement or affidavit filed with the court. A court that requires reimbursement under this article may require the defendant to reimburse the county only for those days the defendant is confined after the date of conviction or on which a plea of guilty or nolo contendere was entered. The court may not require a defendant to reimburse the county for those days the defendant was confined after arrest and before the date of conviction or on which the plea of guilty or nolo contendere was entered.
(d) The court, in determining whether to order reimbursement under this article, shall consider: (1) the defendant’s employment status, earning ability, and financial resources; and (2) any other special circumstances that may affect the defendant’s ability to pay, including child support obligations and including any financial responsibilities owed by the defendant to dependents or restitution payments owed by the defendant to a victim. |
Misdemeanor |
The defendant’s employment status, earning ability, and financial resources; and any other special circumstances that may affect the defendant’s ability to pay, including child support obligations and including any financial responsibilities owed by the defendant to dependents or restitution payments owed by the defendant to a victim.
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Before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge without hearing | No |
May not require reimbursement. |
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Texas | Tex. Code Crim. Proc. Art. 42A.652(b) | Monthly Reimbursement Fee |
The judge may make payment of the monthly reimbursement fee a condition of granting or continuing the community supervision. The judge may waive or reduce the reimbursement fee or suspend a monthly payment of the fee if the judge determines that payment of the reimbursement fee would cause the defendant a significant financial hardship.
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All |
"significant financial hardship" |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Waive or reduce the reimbursement fee or suspend a monthly payment of the fee |
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Texas | Fines and Costs(a-1),(c) | Tex. Code Crim. Proc. Art. 42.15 |
(a-1) [2 Versions: As added by Acts 2017, 85th Leg., ch. 1127] Notwithstanding any other provision of this article, during or immediately after imposing a sentence in a case in which the defendant entered a plea in open court as provided by Article 27.13, 27.14(a), or 27.16(a), a court shall inquire whether the defendant has sufficient resources or income to immediately pay all or part of the fine and costs. If the court determines that the defendant does not have sufficient resources or income to immediately pay all or part of the fine and costs, the court shall determine whether the fine and costs should be:
(1) subject to Subsection (c), required to be paid at some later date or in a specified portion at designated intervals; (2) discharged by performing community service under, as applicable, Article 43.09(f), Article 45.049, Article 45.0492, as added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature, Regular Session, 2011, or Article 45.0492, as added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature, Regular Session, 2011; (3) waived in full or in part under Article 43.091 or 45.0491; or (4) satisfied through any combination of methods under Subdivisions (1)—(3). (c) When imposing a fine and costs in a misdemeanor case, if the court determines that the defendant is unable to immediately pay the fine and costs, the court shall allow the defendant to pay the fine and costs in specified portions at designated intervals. |
All |
Sufficient resources or income to immediately pay all or part of the fine and costs |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Court may order payment (1) at some later date or in a specified portion at designated intervals, (2) discharged by performing community service, (3) waived in full or in part, or (4) satisfied through any combination of methods (case in which the defendant entered a plea); pay the fine and costs in specified portions at designated intervals (misdemeanor).
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Texas | Tex. Code Crim. Proc. Art. 42A.655 | Ability to Pay |
The court shall consider the defendant's ability to pay before ordering the defendant to make any payments under this chapter. |
All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No | Not provided for |
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Minnesota | Minn. R. Crim. P. 28.02(5)(9) | Appeal by defendant |
All fees--including appeal fees, hearing fees, or filing fees--ordinarily charged by the clerk of the appellate courts or court administrators are waived when the State Public Defender's office, or other public defender's office, represents the defendant. The court must also waive these fees on a sufficient showing by any other attorney that the defendant cannot pay them.
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All |
Not provided for |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge without hearing | No |
Fee waiver |
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Minnesota | Minn. Stat. Ann. § 609.101(5)(b) | Surcharge on Fines, Assessments; Minimum Fines |
If the defendant qualifies for the services of a public defender or the court finds on the record that the convicted person is indigent or that immediate payment of the fine would create undue hardship for the convicted person or that person’s immediate family, the court may reduce the amount of the minimum fine to not less than $ 50. Additionally, the court may permit the defendant to perform community work service in lieu of a fine.
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All |
Indigent or that immediate payment of the fine would create undue hardship for the convicted person or that person’s immediate family. |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge without hearing | No |
Maximum $50 fine or community service. |
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Minnesota | Minn. Stat. Ann. § 609.226(4)(c) | Harm caused by dog |
The court shall order a person convicted of violating this subdivision to pay restitution for the costs and expenses resulting from the crime. Costs and expenses include, but are not limited to, the service animal user's loss of income, veterinary expenses, transportation costs, and other expenses of temporary replacement assistance services, and service animal replacement or retraining costs incurred by a school, agency, or individual. If the court finds that the convicted person is indigent, the court may reduce the amount of restitution to a reasonable level or order it paid in installments.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Reduce the amount of restitution to a reasonable level or order it paid in installments. |
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Minnesota | Minn. Stat. Ann. § 609.324(4) | Patrons; prostitutes; housing individuals engaged in prostitution; penalties |
Community service in lieu of minimum fine. The court may order a person convicted of violating subdivision 2 or 3 to perform community work service in lieu of all or a portion of the minimum fine required under those subdivisions if the court makes specific, written findings that the convicted person is indigent or that payment of the fine would create undue hardship for the convicted person or that person's immediate family. Community work service ordered under this subdivision is in addition to any mandatory community work service ordered under subdivision 3.
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All |
Indigent or that payment of the fine would create undue hardship for the convicted person or that person's immediate family. |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Community service in lieu of payment. |
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Minnesota | Minn. Stat. Ann. § 609.3241(b) | Sex Crimes: Penalty assessment authorized |
The court may not waive payment of the minimum assessment required by this section. If the defendant qualifies for the services of a public defender or the court finds on the record that the convicted person is indigent or that immediate payment of the assessment would create undue hardship for the convicted person or that person's immediate family, the court may reduce the amount of the minimum assessment to not less than $100. The court also may authorize payment of the assessment in installments.
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All |
Indigent or that immediate payment of the assessment would create undue hardship for the convicted person or that person's immediate family, |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Reduce fee to $100 or less or allow for installments. |
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Minnesota | Minn. Stat. Ann. § 609.596(2b) | Killing or harming public safety dog |
Mandatory restitution. The court shall order a person convicted of violating this section to pay restitution for the costs and expenses resulting from the crime. Costs and expenses include, but are not limited to, the purchase and training of a replacement dog and veterinary services for the injured dog. If the court finds that the convicted person is indigent, the court may reduce the amount of restitution to a reasonable level or order it paid in installments.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Reduce the amount of restitution to a reasonable level or order it paid in installments. |
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Minnesota | Minn. Stat. Ann. § 609.749(6)(c)-(d) | Stalking; penalties |
(c) If the assessment indicates that the offender is in need of and amenable to mental health treatment, the court shall include in the sentence a requirement that the offender undergo treatment.
(d) The court shall order the offender to pay the costs of assessment under this subdivision unless the offender is indigent under section 563.01. |
All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Not provided for |
The Criminal Justice Debt Reform Builder is a project of the National Criminal Justice Debt Initiative of the Criminal Justice Policy Program at Harvard Law School in collaboration with the Berkman Klein Center for Internet & Society at Harvard University and with user experience design by metaLAB (at) Harvard.
For more information, please visit cjpp.law.harvard.edu.