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
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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

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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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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

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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

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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

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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.

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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

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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.

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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

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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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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

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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.

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

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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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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

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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.

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

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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.

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

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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.

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

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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