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	New Hampshire	N.H. Rev. Stat. § 651-B:11(II)	Registration Fee	An offender who cannot afford to pay the fee shall, within 10 days of registration, request a waiver of the fee and a hearing on the matter before the commissioner. + See more In order to be considered for a waiver, the offender shall submit a financial affidavit on a form provided by the department. The division may at its discretion request such a waiver on behalf of an offender. If such a request is made, the commissioner shall promptly schedule and conduct a hearing pursuant to rules adopted under RSA 541-A, unless the commissioner or commissioner's designee determines a hearing is not necessary and waives the fee based on the offender's financial affidavit, or at the written request of the division. At the hearing, the burden shall be on the offender to prove that he or she is indigent. The offender may appeal the commissioner's decision to the superior court. Under no circumstances shall the offender's request for a hearing or indigence relieve the offender of the obligation to register as required pursuant to this chapter.	All	Indigent	At defendant's request at enforcement	Burden on defendant to show inability to pay	Administrative decision	Yes	Fee waiver
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 623-B:2(I),(IV)	Civil Actions by Inmates; Filing Fees and Court Costs.	I. An inmate who commences any civil action or proceeding is responsible for all court fees and costs. IV. Nothing in this section shall prohibit an inmate from filing a civil action + See more or proceeding if the inmate is indigent.	All	Indigent	Not provided for	Not provided for	Not provided for	Yes	N/A
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 604-A:9(I)	Repayment	I. Any adult defendant who has had counsel or a public defender assigned to the defendant at the expense of the state shall be ordered by the court under paragraph I-b + See more to repay the state through the unit of cost containment, the fees and expenses paid by the state on the defendant's behalf according to a schedule established by the administrator of the cost containment unit with the approval of the administrative justices of the courts on such terms as the court may order consistent with the defendant's present or future ability to pay, such ability to be determined by the unit of cost containment . . . At no time shall the defendant be required to repay, for legal services, an amount greater than the state's flat rate for a contract attorney as established contractually pursuant to RSA 604-B. If the defendant is placed on probation or sentenced to a period of conditional discharge, the defendant shall repay the state, through the department of corrections, all fees and expenses paid on his behalf on such terms as the court may order consistent with the defendant's present or future ability to pay.	All	Present or future ability to pay, as determined by the unit of cost containment.	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Payment plan and reduced costs
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 651:63	Restitution Authorized	Restitution may be ordered regardless of the offender's ability to pay and regardless of the availability of other compensation; however, restitution is not intended to compensate the victim more than + See more once for the same injury.	All	Not provided for	Not provided for	Not provided for	Not provided for	Yes	N/A
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 516:16-a	Defaults; Witness Fees for Law Enforcement Officers	Any person who defaults on a scheduled court appearance on a motor vehicle offense shall be responsible for paying the current witness fee for any law enforcement officer required to + See more attend such appearance, unless the court determines that such person is indigent.	Traffic	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Not specified
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 631:2-b(V)	Domestic Violence	In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction under this section. The court shall not reduce or suspend + See more any sentence or the payment of any fine imposed under this section. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Deferred payment; payment plan.
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 651-D:2(V)	Post-Conviction DNA Testing of Biological Material	The cost of DNA testing ordered under this section shall be paid by the petitioner, or by the state, if the petitioner is indigent as determined by the court. The + See more court may appoint counsel for an indigent petitioner under this section.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Payment by the state
Add to Dashboard + Create New	New Hampshire	N.H. R. Crim. P. 29(e)(1)	Sentencing Procedures	(1) Fines, restitution or penalty assessments (hereinafter collectively referred to as "assessments") imposed by the court shall be due and payable on the date the sentence is imposed. Where a defendant + See more indicates an inability to pay forthwith, the defendant shall complete an affidavit of resources, under oath, prior to leaving the courthouse. The court will then determine whether the defendant has the financial ability to pay the assessment. (2) The determination of a defendant's financial ability to pay the assessment shall be made by comparing the defendant's assets and income with the amount of the assessment. The defendant's assets shall include all real and personal property owned in any manner by the defendant, unless exempt from execution, levy, attachment, garnishment, or other legal process under any state or federal law. The defendant's income shall include all income, whether earned or not, from any source, unless exempt from execution, levy, attachment, garnishment, or other legal process under any state or federal law, and shall be reduced only by the amount of expenses which are reasonably necessary for the maintenance of the defendant and his dependents and by the amount of defendant's anticipated or current obligation to repay the Office of Cost Containment for the cost of appointed counsel. As a court may do when considering an obligor's ability to pay child support, alimony, or other indebtedness, the court also may consider: (1) spousal, partner and family income or assets to the extent they are available to the defendant; (2) the defendant's ability to access credit; and (3) the diligence exercised by the defendant in pursuing employment or other means of satisfying his financial obligations. (3) In any case where the court finds that the defendant is unable to pay the assessment either on the date the sentence is imposed or later, the court may, if otherwise permitted by law: (i) defer or suspend payment of all or part of the assessment or order periodic payment; or (ii) allow the defendant to perform community service, pursuant to a plan submitted to and approved by the court. In any such deferral or order of periodic payment, the court shall, pursuant to RSA 490:26-a, II-a, include a $25.00 fee to be added to the assessment. Every hour of verified community service shall be applied against a fine at the rate of $15.00 an hour. A community service plan approved under this paragraph shall take into account the defendant's circumstances including but not limited to age, disability, health, employment, and access to child-care and transportation.	All	Comparison of the defendant's assets and income with the amount of the assessment.	At defendant's request before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	No	Defer or suspend payment of all or part of the assessment or order periodic payment; or allow the defendant to perform community service.
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. § 604-A:2-c	Determination of Financial Ability	The determination of a defendant's financial ability to obtain counsel shall be made by comparing the defendant's assets and incomes with the minimum cost of obtaining qualified private counsel. The + See more defendant's assets shall include all real and personal property owned in any manner by the defendant, excluding only those assets which are exempt from attachment and execution under RSA 511:2. The defendant's income shall include all income, whether earned or not, from any source, unless exempt from attachment under any state or federal law, and shall be reduced only by the amount of expenses which are reasonably necessary for the maintenance of the defendant and his dependents. In determining a defendant's financial ability to obtain counsel, the rules adopted by the commissioner under RSA 604-A:10, IV, shall contain a method for considering the defendant's ability to borrow some or all of the necessary funds. The rules shall also consider the possibility of the defendant paying his counsel fees in periodic installments.	All	Comparison of the defendant's assets and incomes with the minimum cost of obtaining qualified private counsel.	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Installment plan
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. § 618:10	Petition for Discharge	Whenever a person under conviction for a criminal offense and confined in a county correctional facility is unable to pay the fine, the superior court, upon petition of the prisoner + See more or the superintendent and satisfactory proof of such inability, may order the prisoner to be discharged upon such terms as they may think proper.	All	Not provided for	At defendant's request at enforcement	Burden on defendant to show inability to pay	Determined by judge after hearing	No	Discharge from prison.
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. § 499:18-b	Waiver of Court Costs and Fees	Except as otherwise specifically provided by the rules of the court, any person, by reason of poverty, may seek relief from the payment of any fees provided by law which + See more are payable to any court, clerk of court, or sheriff. The court, upon the application of such person, which application may be filed without fee, may, in its discretion, order the payment of such fees waived. In any case in which a person is represented by a legal aid society, a federally funded legal services project, or counsel assigned in accordance with the rules of the court, all filing costs shall be waived by the clerk without the necessity of a court order. Fees for the service of process by sheriffs shall be a charge against the state.	All	Poverty	At defendant's request before imposition of fine or fee	Not provided for	Other	Yes	Fee waiver

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