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	Maine	Me. Rev. Stat. tit 17-A § 1807(6)	Conditions of probation	The court shall attach as a condition of probation that the person pay, through the Department of Corrections, a supervision fee of between $10 and $50 per month, as determined + See more by the court, for the term of probation. If the court does not set a supervision fee, the supervision fee is $10 per month. Notwithstanding the attachment of supervision fee conditions on more than one sentence, a person on probation on concurrent sentences is required to pay only one supervision fee. In determining whether to set an amount higher than $10 per month, the court shall take into account the financial resources of the person and the nature of the burden its payment imposes. A person may not be sentenced to imprisonment without probation solely for the reason the person is not able to pay the fee.	All	financial resources and nature of burden	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	may allow additional time
Add to Dashboard + Create New	Maine	Me. Rev. Stat. tit 17-A §1807(7)	Conditions of probation	7. Electronic monitoring and substance testing fees; determination of amount by court; failure to pay; use of fees. Upon the request of the Department of Corrections, the court shall attach as + See more a condition of probation that the person pay, through the department, an electronic monitoring fee, a substance testing fee or both, as determined by the court, for the term of probation. In determining the amount of the fees, the court shall take into account the financial resources of the person and the nature of the burden the payment imposes. A person may not be sentenced to imprisonment without probation solely for the reason the person is not able to pay the fees.	All	Financial resources and nature of burden	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Reduced fine
Add to Dashboard + Create New	Maine	Me. Rev. Stat. tit 17-A §1702	Criteria for imposing sentencing alternative that includes fine	1. Consideration of financial capacity to pay and financial burden. In determining the amount of a fine, unless the fine amount is mandatory, and in determining the method of payment of + See more a fine, the court shall take into account the present and future financial capacity of the convicted person to pay the fine and the nature of the financial burden that payment of the fine will impose on the person or a dependent, if any, of the person. 2. Burden of proving financial hardship or incapacity to pay. A convicted person who asserts a present or future incapacity to pay a fine or asserts that the fine will cause an excessive financial hardship on the person or on a dependent of the person has the burden of proving the incapacity or excessive hardship by a preponderance of the evidence. On appeal of a sentencing alternative involving a fine, the person has the burden of demonstrating that the incapacity or excessive financial hardship was proven as a matter of law.	All	By preponderance of evidence that fine would cause excessive financial hardship on offender or dependent	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	No	Not provided for
Add to Dashboard + Create New	Maine	Me. Rev. Stat. tit 17-A §2005(2)(D)	Criteria for restitution	D. When the amount and method of payment of monetary restitution or the performance of service restitution creates an excessive financial hardship on the offender or dependent of the offender. + See more In making this determination, all relevant factors must be considered, including, but not limited to the following:(1) The number of the offender's dependents; (2) The minimum living expenses of the offender and the offender's dependents; (3) The special needs of the offender and the offender's dependents, including necessary travel expense to and from work; (4) The offender's present income and potential future earning capacity; and (5) The offender's resources, from whatever source.	All	excessive financial hardship on offender or dependents	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	No	Not provided for
Add to Dashboard + Create New	Maine	Me. Rev. Stat. tit 17-A §1751(1)-(2)	County jail reimbursement fee	1. Assessment of reimbursement fee. When an individual is sentenced to incarceration in a county jail, the sentencing court shall consider and may assess as part of the sentence a jail + See more reimbursement fee, referred to in this section as “the reimbursement fee,” to help defray the expenses of the individual's room and board. 2. Evidence. The court, in determining whether a reimbursement fee as set out in subsection 1 is to be assessed and in establishing the amount of that fee, shall consider evidence relevant to the individual's ability to pay that fee, including, but not limited to, the factors set forth in section 2005, subsection 2, paragraph D, subparagraphs (1) to (5). The court may not consider as evidence the following: A. Joint ownership, if any, that the individual may have in real property; B. Joint ownership, if any, that the individual may have in any assets, earnings or other sources of income; and C. The income, assets, earnings or other property, both real and personal, owned by the individual's spouse or family.	All	excessive financial hardship on offender or dependents	Not provided for	Not provided for	Determined by judge after hearing	Yes	Not provided for
Add to Dashboard + Create New	Maine	Me. Rev. Stat. tit 17-A §1854(2)(A)	Requirements of administrative release	In determining the amount of the fee, the court shall take into account the financial resources of the person and the nature of the burden its payment imposes.	All	Financial resources and nature of burden	Before imposition of fine or fee	Not provided for	Not provided for	No	Not provided for
Add to Dashboard + Create New	Maine	Me. R. of Unified Crim. P. 44(b)	Right to and Assignment of Counsel	(b) Determination of Indigency. The court shall determine whether a defendant has sufficient means with which to employ counsel and in making such determination may examine the defendant under oath concerning + See more the defendant's financial resources. A defendant does not have sufficient means with which to employ counsel if the defendant's lack of resources effectively prevents the defendant from retaining the services of competent counsel. In making its determination the court shall consider the following factors: the defendant's income, the defendant's credit standing, the availability and convertibility of any assets owned by the defendant, the living expenses of the defendant and the defendant's dependents, the defendant's outstanding obligations, the financial resources of the defendant's parents if the defendant is an unemancipated minor residing with his or her parents, and the cost of retaining the services of competent counsel.	All	sufficient means with which to employ counsel	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	Court appointed counsel free of costs
Add to Dashboard + Create New	Maine	Me. Rev. Stat. tit 17-A §1902(1)	Deferred disposition	1. Authority of court to order deferment and impose requirements; administrative supervision fee. Following the acceptance of a plea of guilty for a crime for which a person is eligible for + See more a deferred disposition under section 1901, the court may order sentencing deferred to a date certain or determinable and impose requirements upon the person, to be in effect during the period of deferment, considered by the court to be reasonable and appropriate to assist the person to lead a law-abiding life. The court-imposed deferment requirements must include a requirement that the person refrain from criminal conduct and may include a requirement that the person pay to the appropriate county an administrative supervision fee of not more than $50 per month, as determined by the court, for the term of the deferment. In determining the amount of the fee, the court shall take into account the financial resources of the person and the nature of the burden its payment imposes. In exchange for the deferred sentencing, the person shall abide by the court-imposed deferment requirements. Unless the court orders otherwise, the requirements are immediately in effect.	All	The financial resources of the person and the nature of the burden its payment imposes.	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Not provided for
Add to Dashboard + Create New	Maine	Me. Rev. Stat. tit 17-A § 1607	Prohibition against imprisonment based on incapacity to pay fine	If a court finds that an individual has met the burden of proving incapacity to pay a fine pursuant to section 1702, subsection 2, the court may not impose a + See more term of imprisonment or any other sentencing alternative involving imprisonment solely for the reason that the individual does not have the present or future capacity to pay the fine.	All	Not provided for	At enforcement of fine or fee	Burden on defendant to show inability to pay	Not provided for	No	Not provided for
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 258B, § 8	Assessments imposed by court	If it is determined by a written finding of fact that an assessment, other than for a civil motor vehicle infraction imposed by this section would cause a substantial financial + See more hardship to the person against whom the assessment is imposed or the person’s immediate family or the person’s dependents, the court may waive the fee or structure a payment plan in order to ensure compliance with payment; provided, however, that the court may order a person required to pay a domestic violence prevention and victim assistance assessment to complete at least 8 hours of community service in order to satisfy such assessment, if a structured payment would continue to impose a severe financial hardship.	All	severe financial hardship	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	waive the fee or structure a payment plan; community service in lieu of payment.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 279, § 1	Suspension of execution; payment of fine; probation; revocation of suspension; exceptions	When a person convicted before a court is sentenced to imprisonment, the court may direct that the execution of the sentence, or any part thereof, be suspended and that he + See more be placed on probation for such time and on such terms and conditions as it shall fix. When a person so convicted is sentenced to pay a fine and to stand committed until it is paid, the court may direct that the execution of the sentence, or any part thereof, be suspended for such time as it shall fix and in its discretion that he be placed on probation on condition that he pay the fine within such time. If the fine does not exceed two hundred dollars and the court finds that the defendant is unable to pay it when imposed, the execution of the sentence shall be suspended and he may in its discretion be placed on probation, unless the court shall find that he will probably default, or that such suspension will be detrimental to the interests of the public.	All	Not provided for	At enforcement of fine or fee	Not provided for	Determined by judge without hearing	No	The execution of the sentence, or part of the sentence, may be suspended and the court may in its discretion place the person on probation.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 111B	Fraudulent Motor Vehicle Insurance Claims; Penalties; Reimbursement of Insurer.	Upon a real or impending change in financial circumstances, a defendant ordered to pay restitution may petition the court for a modification of the amount, time or method of payment + See more of restitution. If the court finds that because of any such change the payment of restitution will impose an undue financial hardship on the defendant or his family, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.	All	Payment would impose an undue financial hardship on defendant or his family.	At defendant's request at enforcement	Not provided for	Determined by judge without hearing	No	Remission from any payment of restitution or modify the amount, time or method of payment;
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 111B	Motor vehicle insurance policies; penalty for fraudulent claims	If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court shall hold him in contempt unless said defendant has made + See more a good faith effort to pay such restitution. If said defendant has made a good faith effort to pay such restitution, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.	All	N/A	At enforcement of fine or fee	Not provided for	Not provided for	No	May modify the amount, time or method of payment, but may not grant complete remission.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 111B	Fraudulent Motor Vehicle Insurance Claims; Penalties; Reimbursement of Insurer.	. . . In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose + See more on the defendant.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Not provided for
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 127, § 145(a)-(b),(d),(f)	Discharge of Poor Prisoners Held for Nonpayment of Fines.	(a) A court shall not commit a person to a correctional facility solely for non-payment of money owed if such person has established, by a preponderance of the evidence, that the + See more person is unable to pay the fine without causing substantial financial hardship to the person or their immediate family or dependents. A court shall determine whether the payment of a fine would cause such substantial financial hardship after a hearing and, in making such determination, shall consider the person’s employment status, income, financial resources, living expenses, number of dependents and any special circumstances that may affect a person’s ability to pay. (b) A court shall not commit a person to a correctional facility for non-payment of money owed if such a person is not represented by counsel for the commitment proceeding, unless such person has waived counsel. A person deemed indigent for the purpose of being offered counsel and who is assigned counsel for the commitment portion of a proceeding solely for the nonpayment of money owed shall not be assessed a fee for such counsel. (d) If a court determines that the payment of a fine would cause a substantial financial hardship pursuant to subsection (a), the court may impose an alternative to a fine or sentence to a correctional facility including, without limitation, community service. (f) A person confined to a correctional facility for non-payment of money owed may petition the court for discharge from the correctional facility for an inability to pay the money owed due to a substantial financial hardship. If, after a hearing pursuant to subsection (a), the court determines that the person is not able to pay the money owed without causing a substantial financial hardship to the person, or the person’s immediate family or dependents, the court shall discharge the person from the correctional facility. No filing fee shall be charged for the filing of the petition.	All	Substantial financial hardship to the person or their immediate family or dependents; indigdent;	At enforcement of fine or fee	Not provided for	Not provided for	No	Discharge from jail when confined for nonpayment of fine; alternative to a fine or sentence to a correctional facility including, without limitation, community service; not assessed a fee for counsel.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 27A	Removing or Concealing Motor Vehicles or Trailers to Defraud Insurers; Reimbursement of Insurers.	If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court shall hold him in contempt unless said defendant has made + See more a good faith effort to pay such restitution. If said defendant has made a good faith effort to pay such restitution, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.	All	N/A	At enforcement of fine or fee	Not provided for	Determined by judge without hearing	No	modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 273, § 15A(5)	Child Born Out of Wedlock — Penalties; Fines; Alternative Sentencing; Restitution.	In a prosecution under this chapter the defendant may be ordered to make restitution to the spouse or the custodial parent or to the person or agency, including the department + See more of public welfare, who is supporting or has supported the spouse or child for all sums expended on behalf of such spouse or child, provided that if the defendant establishes a lesser ability to have provided support, the amount of any liability imposed by this section shall be consistent with the defendant’s prior ability to have paid support.	All	Not provided for	Before imposition of fine or fee	Burden on defendant to show inability to pay	Not provided for	Yes	Liability imposed consistent with defendant's prior ability to have paid support.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 90, § 24D	Drivers Convicted of Operating Motor Vehicle Under the Influence of Intoxicating Liquors or Controlled Substances.	Each person placed in a program of driver alcohol or controlled substance abuse education and, if deemed necessary by the court, a program of alcohol or controlled substance abuse treatment, + See more rehabilitation, or alcohol or controlled substance abuse treatment and rehabilitation pursuant to this section shall pay directly to such program a fee in an amount to be determined by the department of public health . . . No person may be excluded from said program for inability to pay the stated fee, provided that such person files an affidavit of indigency or inability to pay with the court within ten days of the date of disposition, that investigation by the probation officer confirms such indigency or establishes that the payment of such fee would cause a grave and serious hardship to such individual or to the family of such individual, and that the court enters a written finding thereof. In lieu of waiver of the entire amount of said fee, the court may direct such individual to make partial or installment payments of such fee when appropriate. Subject to appropriation, the department of public health shall reimburse each program for the costs of services provided to persons for whom payment of a fee has been waived on the grounds of indigency.	Traffic	Indigency; payment of such fee would cause a grave and serious hardship to such individual or to the family of such individual.	At defendant's request before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	Yes	Waiver, partial or installment payments of fee.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 90B, § 8(3)(B)	Operation of Vessel Under Influence of Liquor or Drugs; Water Skiing; Reckless Operation	The defendant shall pay for the cost of the services provided by the boating safety education course, the alcohol education or rehabilitation program, and the residential alcohol treatment program; however, + See more no person shall be excluded from said programs for inability to pay, provided that such person files an affidavit of indigency or inability to pay with the court, that investigation by the probation officer confirms such indigency or establishes that the payment of such fee would cause a grave and serious hardship to such individual or to the family of such individual, and that the court enters a written finding thereof. In lieu of waiver of the entire amount of said fee, the court may direct such individual to make partial or installment payments of the cost of said program.	Traffic	Cause a grave and serious hardship to such individual or to the family	At defendant's request before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	Yes	Waiver, partial or installment payments of fee.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 108	Destroying Vessel to Defraud Owner or Insurer.	A person found guilty of violating this section shall, in addition to any other punishment, be ordered to make restitution to the insurer or owner for any financial loss sustained + See more as a result of the commission of the crime except as hereinafter provided. Restitution shall be imposed in addition to incarceration or fine. If the defendant is indigent or if the court finds that ordering such restitution would cause a substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents, the court may determine that the interests of the victim and of justice would not be served by ordering such restitution. In such case, the court shall make specific written findings of the evidence presented which militated against the imposition of restitution.	All	Indigent; a substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents	Before imposition of fine or fee	Not provided for	Not provided for	No	Restitution not ordered.

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