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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.
13 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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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 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.
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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 |
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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 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.
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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 |
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Oregon | Or. Rev. Stat. § 135.891(2) | Required and permissive elements of diversion agreement; program fee |
(2) As a condition of entering into a diversion agreement under ORS 135.881 to 135.901, the defendant must pay a program fee of $100. The court may waive all or part of the fee in cases involving indigent defendants, or may provide for payment of the fee on an installment basis. A fee collected under this subsection in the circuit court shall be deposited by the clerk of the court in the Criminal Fine Account. If the fee is collected in a municipal or justice court, $35 of the fee shall be forwarded by the court to the Department of Revenue for deposit in the Criminal Fine Account, and the remainder of the fee shall be paid to the city or county treasurer.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Waive fee or provide for payment of the fee on an installment basis. |
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Oregon | Or. Rev. Stat. § 179.62 | Liability of person or estate for cost of care |
(1) A person and the personal estate of the person, or a decedent’s estate, is liable for the full cost of care. Full cost of care is established according to ORS 179.701.
(2) While the person is liable for the full cost of care, the maximum amount a person is required to pay toward the full cost of care shall be determined according to the person’s ability to pay. Ability to pay is determined as provided in ORS 179.640. |
All |
Not provided for |
Before imposition of fine or fee | Not provided for | Administrative decision | No | Not provided for |
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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. § 609.3456(b) | Use of polygraphs for sex offenders on probation or conditional release |
(b) The court or commissioner may order the offender to pay all or a portion of the costs of the examinations. The fee may be waived if the offender is indigent or if payment would result in an economic hardship to the offender's immediate family.
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All |
Indigent or if payment would result in an economic hardship to the offender's immediate family |
Not provided for | Not provided for | Not provided for | No |
Fee waiver. |
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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 |
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Minnesota | Minn. Stat. Ann. § 609A.03(1) | Petition to expunge criminal records |
Petition; filing fee. An individual who is the subject of a criminal record who is seeking the expungement of the record shall file a petition under this section and pay a filing fee in the amount required under section 357.021, subdivision 2, clause (1). The filing fee may be waived in cases of indigency and shall be waived in the cases described in section 609A.02, subdivision 3, paragraph (a), clause (1).
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All |
Indigent |
Not provided for | Not provided for | Not provided for | No |
Fee waiver |
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Minnesota | Minn. Stat. Ann. § 609.904(2) | Racketeer Influenced and Corrupt Organizations (RICO): Criminal Penalties |
Fine. In lieu of the fine authorized by subdivision 1, a person convicted of violating section 609.903, who received economic gain from the act or caused economic loss or personal injury during the act, may be sentenced to pay a fine calculated under this subdivision. The maximum fine is three times the gross value gained or three times the gross loss caused, whichever is greater, plus court costs and the costs of investigation and prosecution reasonably incurred, less the value of any property forfeited under section 609.905. The district court shall hold a hearing to determine the amount of the fine authorized by this subdivision. In imposing a fine, the court shall consider the seriousness of the conduct, whether the amount of the fine is disproportionate to the conduct in which the person engaged, its impact on victims and any legitimate enterprise involved in that conduct, as well as the economic circumstances of the convicted person, including the effect of the imposition of the fine on the person's immediate family.
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All |
Economic circumstances of the convicted person, including the effect of the imposition of the fine on the person's immediate family |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | No |
N/A |
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Minnesota | Minn. Stat. Ann. § 628.29(4) | Pretrial diversion program for writers of dishonored checks |
Subd. 4. Program components. (a) At a minimum, the pretrial diversion program must require offenders to: includes information on writing checks and managing money; . . .
(b) If the prosecutor determines that requiring an offender to pay for the educational class described in paragraph (a), clause (1), would result in an economic hardship to the offender or the offender's family, the prosecutor may waive the requirement. |
All |
An economic hardship to the offender or the offender's family |
Before imposition of fine or fee | Not provided for | Administrative decision | No |
Fee waiver |
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