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
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Maryland Md. Code Ann., Cts. & Jud. Proc. § 7-201(b) Waiver of Fees for Indigent Petitioners
The circuit court shall pass an order waiving the payment in advance if: (1) Upon petition for waiver, it is satisfied that the petitioner is unable by reason of his
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poverty to make the payment; and (2) The petitioner's attorney, if any, certifies that the suit, appeal, or writ is meritorious.
All Not provided for At enforcement of fine or fee Not provided for Determined by judge after hearing No

Waiver of fee

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Maryland Md. Code Ann., Cts. & Jud. Proc. § 7-405 Waiver of Criminal Court Costs
The District Court or a circuit court in a criminal case may not waive any court costs imposed under § 7-409 of this subtitle unless the defendant establishes indigency as
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provided in the Maryland Rules.
All Not provided for At enforcement of fine or fee Not provided for Determined by judge after hearing No

Waiver of fee

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Maryland Md. Code Ann., Cts. & Jud. Proc. § 7-504(c)(2) Ability to Pay Fine
(a) A defendant who is unable to pay a fine ordered by a court may apply to the court for a reduction of the fine. (b) If a defendant
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fails or is unable to pay a fine as ordered by a court, the court may investigate the reasons for the failure or inability to pay the fine, including the defendant's financial and family situation and whether nonpayment of the fine is contumacious or is due to indigence. (c) After an investigation that a court considers necessary as to the reasons for the failure or inability to pay a fine, the court: (1) May order that the individual be committed to a correctional facility; (2) May reduce the fine to an amount that the court determines the defendant is able to pay; or (3) Subject to subsection (d) of this section, may direct that the individual be imprisoned until payment of: (i) The fine; or(ii) Part of the fine that is undischarged after a pro rata credit for time served instead of payment.
All Not provided for At enforcement of fine or fee Not provided for Determined by judge after hearing No

Commitment; Reduction of Fee; Incarceration until payment based upon a per diem rate

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Minnesota Minn. Stat. Ann. § 244.18(4) Local correctional fees; imposition on offenders

Exemption from fee. — The chief executive officer of the local correctional agency may waive payment of the fee if the officer determines that the offender does not have the ability to

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pay the fee, the prospects for payment are poor, or there are extenuating circumstances justifying waiver of the fee. Instead of waiving the fee, the local correctional agency may require the offender to perform community work service as a means of paying the fee.

All

Not provided for

Before imposition of fine or fee Not provided for Administrative decision No

Fee waiver; community service.

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Minnesota Minn. Stat. Ann. § 244.18(2) Local correctional fees; imposition on offenders

Local correctional fees. — A local correctional agency may establish a schedule of local correctional fees to charge persons under the supervision and control of the local correctional agency to defray costs

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associated with correctional services. The local correctional fees on the schedule must be reasonably related to defendants’ abilities to pay and the actual cost of correctional services.

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. R. Crim. P. 28.02(5)(9) Appeal by defendant

All fees--including appeal fees, hearing fees, or filing fees--ordinarily charged by the clerk of the appellate courts or court administrators are waived when the State Public Defender's office, or other

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public defender's office, represents the defendant. The court must also waive these fees on a sufficient showing by any other attorney that the defendant cannot pay them.

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Not provided for

Before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge without hearing No

Fee waiver

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Minnesota Minn. Stat. Ann. § 609.104(1)(b) Fine and Surcharge Collection

The defendant may contest the referral for collection based on inability to pay by requesting a hearing no later than the due date. The defendant shall be notified in writing at sentencing that under section 480.15, subdivision 10c, the court may refer the case for collection for nonpayment, and collection costs may be added to the amount due. The defendant shall also be notified in writing of the right to contest a referral for collection. The state court administrator shall develop

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the notice language.

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Not provided for

At defendant's request at enforcement Not provided for Determined by judge after hearing Yes

Not specified

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Minnesota Minn. Stat. Ann. § 609.101(5)(b) Surcharge on Fines, Assessments; Minimum Fines

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

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fine would create undue hardship for the convicted person or that person’s immediate family, the court may reduce the amount of the minimum fine to not less than $ 50. Additionally, the court may permit the defendant to perform community work service in lieu of a fine.

All

Indigent or that immediate payment of the fine would create undue hardship for the convicted person or that person’s immediate family.

Before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge without hearing No

Maximum $50 fine or community service.

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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

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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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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

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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.

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

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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.

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

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indigent or if payment would result in an economic hardship to the offender's immediate family.

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

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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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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

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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

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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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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

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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.

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:
(1) successfully complete an appropriate educational class or classes at their own expense which

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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