Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
Every law can be saved to the Reform Builder
See all ability to pay policy recommendations in CJPP’s Policy Guide
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.
29 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 | |
---|---|---|---|---|---|---|---|---|---|---|---|
Add to Dashboard
|
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 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
|
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 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
|
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 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
|
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. 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
|
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 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
|
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
|
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 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
|
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.
|
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
|
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.
|
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
|
South Dakota | S.D. Codified Laws § 23A-3-28 | Service of motion -- Fee |
When a defendant or arrested person makes a motion under this section, the defendant or arrested person shall pay to the clerk of courts in the county where the motion is filed a fee equal to the filing fee for a civil action. If the defendant or arrested person establishes to the court’s satisfaction that the person is indigent and unable to pay the fee, the court may waive the filing fee.
|
All |
Indigent |
Not provided for | Not provided for | Other | No |
Waive filing fee |
Add to Dashboard
|
South Dakota | S.D. Codified Laws § 23A-32-16 | Notice of appeal--Service on adverse parties--Perfection of appeal--Fee not required of indigent defendant |
. . . Whenever an appeal is taken by an indigent, assigned counsel pursuant to § 23A-40-6, no filing fee need be paid and no undertaking need be furnished to perfect such appeal.
|
All |
Indigent |
Not provided for | Not provided for | Other | Yes |
Waive filing fee |
Add to Dashboard
|
South Dakota | S.D. Codified Laws § 24-2-28 | Liability of inmate for cost of confinement — Exception |
Each inmate under the jurisdiction of the Department of Corrections is liable for the cost of the inmate’s confinement which includes room and board charges; medical, dental, optometric, and psychiatric services charges; vocational education training; and alcoholism treatment charges.
However, if the secretary of corrections determines after considering the net income, net worth, number of dependents, and any existing obligations of the inmate, that the inmate is unable to pay, the secretary may waive all or part of the payment for the costs of the inmate’s confinement. |
All |
Net income, net worth, number of dependents, and any existing obligations of the inmate. |
Not provided for | Not provided for | Other | No |
Waive all or part of costs for confinement |
Add to Dashboard
|
South Dakota | S.D. Codified Laws § 24-11-32.1 | Work release inmate — Restitution for prisoner maintenance cost |
The board of county commissioners may require by resolution that a sum not to exceed the average daily prisoner cost may be charged to work release inmates of county jails as restitution to be applied toward prisoner maintenance cost, including but not limited to, room and board. In instances of undue hardship, the commissioners may reduce or waive the charges.
|
All |
Undue hardship |
Not provided for | Not provided for | Other | No |
Reduce or waive charges |
Add to Dashboard
|
South Dakota | S.D. Codified Laws § 24-11-45 | Prisoner liable for costs of confinement — Waiver |
A prisoner confined to any jail while serving a sentence is liable for the cost of the prisoner’s confinement including room and board charges; medical, dental, optometric, and psychiatric services charges; vocational education training; chemical dependency treatment charges; and transportation costs as set forth in subdivision 7-12-18(4), where transporting the prisoner is required. If, after considering the prisoner’s net income, net worth, number of dependents, and any existing obligations, the judge who sentenced the prisoner to jail determines that the prisoner is unable to pay the full amount at one time, the judge may allow the prisoner to set up a deferred payment plan for payment for the costs of the inmate’s confinement or waive all or part of the payment if the prisoner demonstrates an inability to pay.
|
All |
Prisoner's net income, net worth, number of dependents, and any existing obligations |
Not provided for | Not provided for | Other | No |
Waive all or part of costs for confinement |
Add to Dashboard
|
South Dakota | S.D. Codified Laws § 16-2-29.2; S.D. Codified Laws § 16-2-29.3 | Waiver of filing fees and service costs--Motion to court; Waiver of filing fees--Affidavit of inability to pay |
29.2: A court may waive the payment of filing fees and service costs accruing by reason of a civil action or proceeding or any criminal proceeding on motion to the court upon the affidavit of the moving party and the entry of an order thereon.
29.3: The affidavit required by § 16-2-29.2 of the moving party shall state the moving party's inability to pay; the nature of the action, proceeding, or appeal; and a short concise statement of facts upon which the moving party believes he is entitled to redress. |
All |
N/A |
Not provided for | Burden on defendant to show inability to pay | Other | No |
Fee is waived. |
Add to Dashboard
|
South Dakota | S.D. Codified Laws § 23A-28-3 | Plan of restitution--Present inability to make restitution--No pecuniary damages suffered--Hearing--Condition of parole |
If the sentencing court orders the defendant to the county jail, suspended imposition of sentence, suspended sentence, or probation, the court may require as a condition that the defendant, in cooperation with the court services officer assigned to the defendant, promptly prepare a plan of restitution, including the name and address of each victim, a specific amount of restitution to each victim, and a schedule of restitution payments. If the defendant is presently unable to make any restitution, but there is a reasonable possibility that the defendant may be able to do so at some time during the defendant's probation period, the plan of restitution shall also state the conditions under which or the event after which the defendant will make restitution. If the defendant believes that no person suffered pecuniary damages as a result of the defendant's criminal activities, the defendant shall so state. If the defendant contests the amount of restitution recommended by the court services officer, the defendant is entitled to a hearing at which the court shall determine the amount. If the sentencing court orders the defendant to the state penitentiary and does not suspend the sentence, the court shall set forth in the judgment the names and specific amount of restitution owed each victim. The Department of Corrections shall establish the collection schedule for court-ordered restitution while the defendant is in the penitentiary and on parole. The Board of Pardons and Paroles shall require, as a condition of parole, that the defendant pay restitution ordered by the court.
|
All | Not provided for | Before imposition of fine or fee | Not provided for | Administrative decision | No |
Payment plan/delay start of payments until later date. |
Add to Dashboard
|
South Dakota | S.D. Codified Laws § 16-2-42 | Waiver of surcharge--Conditions |
The surcharge provided for in § 16-2-39 may be waived in the manner provided for in §§ 16-2-29.2 to 16-2-29.4, inclusive. If a fine is suspended in whole or in part, the surcharge provided for in § 16-2-41 may not be reduced. However, the judge may waive all or any part of the payment of the surcharge which would work a hardship on the person convicted or on his immediate family.
|
All |
Hardship on the person convicted or on his immediate family |
Not provided for | Not provided for | Other | No |
Fee is waived in amount determined. |
Add to Dashboard
|
South Dakota | S.D. Codified Laws § 23A-40-6 | Arrest or detention without formal charge--Assignment of counsel--Certification of indigency required |
In any criminal investigation or in any criminal action or action for revocation of suspended sentence or probation in the circuit or magistrate court or in a final proceeding to revoke a parole, if it is satisfactorily shown that the defendant or detained person does not have sufficient money, credit, or property to employ counsel and pay for the necessary expenses of his representation, the judge of the circuit court or the magistrate shall, upon the request of the defendant, assign, at any time following arrest or commencement of detention without formal charges, counsel for his representation, who shall appear for and defend the accused upon the charge against him, or take other proper legal action to protect the rights of the person detained without formal charge.
In each case, the indigent person, subject to the penalties for perjury, shall certify in writing or by other record such material factors relating to his ability to pay as the court prescribes. |
All |
Does not have sufficient money, credit, or property to employ counsel and pay for the necessary expenses of his representation; indigdent. |
Not provided for | Burden on defendant to show inability to pay | Not provided for | No |
Assign counsel |
Add to Dashboard
|
South Dakota | S.D. Codified Laws § 223A-27-25.5 | Hearing required prior to imprisonment or jailing for failure to pay fine, costs, and restitution--Burden of proof--Computation of time to be served |
No defendant may be imprisoned or jailed for failure to pay a fine, costs, or restitution or have any suspended prison or jail sentence revoked without a prior hearing. At the hearing, the defendant has the burden of proof to establish to the reasonable satisfaction of the magistrate or circuit judge that the defendant did not willfully fail to pay the fine, costs, or restitution or that the defendant did make a bona fide effort to pay the fine, costs, or restitution.
Failure by the defendant to make such a showing is grounds for being imprisoned or jailed. If the sentence provided for payment of fine or costs only, the term of jail or imprisonment may be no longer than the number of days equal to the total amount of the fine or costs imposed divided by sixty. For purposes of making this computation, any fraction of less than one day shall be dropped from the term of imprisonment. In no event may such imprisonment for failure to pay the fine, costs, and restitution together with all other time served or to be served exceed the maximum allowed by statute. If the defendant establishes that nonpayment was not willful or that the defendant did make a bona fide effort to pay, the defendant may not be imprisoned or jailed for nonpayment. The magistrate or circuit judge shall consider other alternatives which take into account the state's interest in punishment and deterrence. The court shall make findings in its decision. |
All |
Did not willfully fail to pay the fine, costs, or restitution or that the defendant did make a bona fide effort to pay the fine, costs, or restitution. |
At enforcement of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
Cannot be imprisoned for default on payment. |
Add to Dashboard
|
Virginia | Va. Code Ann. § 19.2-355 | Petition of defendant |
(a) In determining whether the defendant is unable to pay such fine forthwith, the court may require such defendant to file a petition, under oath, with the court, upon a + See moreform provided by the court, setting forth the financial condition of the defendant.
(b) Such form shall be a questionnaire, and shall include, but shall not be limited to: the name and residence of the defendant; his occupation, if any; his family status and the number of persons dependent upon him; his monthly income; whether or not his dependents are employed and, if so, their approximate monthly income; his banking accounts, if any; real estate owned by the defendant, or any interest he may have in real estate; income produced therefrom; any independent income accruing to the defendant; tangible and intangible personal property owned by the defendant, or in which he may have an interest; and a statement listing the approximate indebtedness of the defendant to other persons. Such form shall also include a payment plan of the defendant, if the court should exercise its discretion in permitting the payment of such fine and costs in installments or other conditions to be fixed by the court.
|
All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | No |
permitting the payment of such fine and costs in installments or other conditions to be fixed by the court |
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.