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	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 more form 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
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 19.2-358(C)	Show cause hearing on default	B. Following the order to show cause or following a capias issued for a defendant's failure to comply with a court order to appear issued pursuant to subsection A of + See more § 19.2-354, unless the defendant shows that his default was not attributable to an intentional refusal to obey the sentence of the court, or not attributable to a failure on his part to make a good faith effort to obtain the necessary funds for payment, or unless the defendant shows that any failure to appear was not attributable to an intentional refusal to obey the order of the court, the court may order the defendant confined as for a contempt for a term not to exceed sixty days or impose a fine not to exceed $500. The court may provide in its order that payment or satisfaction of the amounts in default at any time will entitle the defendant to his release from such confinement or, after entering the order, may at any time reduce the sentence for good cause shown, including payment or satisfaction of such amounts. C. If it appears that the default is excusable under the standards set forth in subsection B hereof, the court may enter an order allowing the defendant additional time for payment, reducing the amount due or of each installment, or remitting the unpaid portion in whole or in part.	All	Not provided for	At enforcement of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	No	additional time for payment, reducing the amount due or of each installment, or remitting the unpaid portion in whole or in part
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 19.2-363	Authority of Governor to grant relief from fines and penalties in case of deceased defendant	provided, that when the party against whom the fine or penalty has been imposed and judgment rendered therefor has departed this life leaving a spouse or children surviving, the Governor + See more may remit such fine or penalty upon the certificate of the judge of the circuit court of the county or city wherein such fine or penalty was imposed and judgment rendered, that to enforce the same against the estate, real or personal, of the decedent, would impose hardship upon the spouse or children	All	would impose hardship upon the spouse or children	At defendant's request at enforcement	Not provided for	Determined by judge after hearing	No	remittance
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 19.2-299.2(C)	Local alcohol safety action program - ability to pay	If the referral is to the local alcohol safety action program, the program may charge a fee for the education and intervention component, or both, not to exceed $300, based + See more upon the defendant's ability to pay.	All	Not provided for	Not provided for	Not provided for	Not provided for	Yes	Not specified
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 53.1-150.1	Substance abuse treatment as condition of parole - exemptions	Any person who is granted parole and who is required to receive substance abuse treatment as a condition of parole shall contribute towards the cost of such treatment based upon + See more his ability to pay, as established pursuant to regulations promulgated by the Board of Corrections. The regulations shall provide that (i) any fees collected for such treatment shall be paid directly to the service provider and (ii) any person may be exempt from the payment of such fees on the grounds of unreasonable hardship.	All	unreasonable hardship	Before imposition of fine or fee	Not provided for	Administrative decision	Yes	exemption from payment of fees
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 18.2-57.3(D)	Education/treatment program sliding scale fee structure	The court shall require the person entering such education or treatment program or services under the provisions of this section to pay all or part of the costs of the + See more program or services, including the costs of any assessment, evaluation, testing, education and treatment, based upon the person's ability to pay. Such programs or services shall offer a sliding-scale fee structure or other mechanism to assist participants who are unable to pay the full costs of the required programs or services.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	sliding scale fee structure
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 18.2-251	Program costs - ability to pay	The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of + See more the screening, assessment, testing, and treatment, based upon the accused's ability to pay unless the person is determined by the court to be indigent.	All	Indigence	Before imposition of fine or fee	Not provided for	Other	Yes	exemption from payment of fees
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 18.2-251.01(A)	Education fee - based upon ability to pay	The services agency or program may require the person entering such program or services under the provisions of this section to pay a fee for the education and treatment component, + See more or both, based upon the defendant's ability to pay.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Not specified
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 18.2-258.1(H)	Program costs - indigency	The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of + See more the screening, evaluation, testing and education, based upon the person's ability to pay unless the person is determined by the court to be indigent.	All	Indigence	Before imposition of fine or fee	Not provided for	Other	Yes	exemption from payment of fees
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 18.2-271.1(B)	Waiver of fee - indigency	Upon a positive finding that the defendant is indigent, the court may reduce or waive the fee.	All	Indigence	Not provided for	Not provided for	Not provided for	No	waiver of fee

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