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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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
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§ 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

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Massachusetts Mass. Gen. Laws ch. 266, § 147(e) Counterfeit Marks — Manufacture, Use or Display.

Any person convicted under this section shall, in addition to any penalty imposed pursuant to subsection (b), be punished by a fine in an amount not to exceed three times

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the retail value of the items bearing or of services identified by a counterfeit mark, unless extenuating circumstances are shown by the defendant.

Misdemeanor

Extenuating circumstances

Not provided for Burden on defendant to show inability to pay Determined by judge without hearing Yes

N/A

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Massachusetts Mass. Gen. Laws ch. 273, § 15A(5) Child Born Out of Wedlock — Penalties; Fines; Alternative Sentencing; Restitution.

In a prosecution under this chapter the defendant may be ordered to make restitution to the spouse or the custodial parent or to the person or agency, including the department

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of public welfare, who is supporting or has supported the spouse or child for all sums expended on behalf of such spouse or child, provided that if the defendant establishes a lesser ability to have provided support, the amount of any liability imposed by this section shall be consistent with the defendant’s prior ability to have paid support.

All

Not provided for 

Before imposition of fine or fee Burden on defendant to show inability to pay Not provided for Yes

Liability imposed consistent with defendant's prior ability to have paid support.

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Massachusetts Mass. Gen. Laws ch. 90, § 24D Drivers Convicted of Operating Motor Vehicle Under the Influence of Intoxicating Liquors or Controlled Substances.

Each person placed in a program of driver alcohol or controlled substance abuse education and, if deemed necessary by the court, a program of alcohol or controlled substance abuse treatment,

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rehabilitation, or alcohol or controlled substance abuse treatment and rehabilitation pursuant to this section shall pay directly to such program a fee in an amount to be determined by the department of public health . . . No person may be excluded from said program for inability to pay the stated fee, provided that such person files an affidavit of indigency or inability to pay with the court within ten days of the date of disposition, that investigation by the probation officer confirms such indigency or establishes that the payment of such fee would cause a grave and serious hardship to such individual or to the family of such individual, and that the court enters a written finding thereof. In lieu of waiver of the entire amount of said fee, the court may direct such individual to make partial or installment payments of such fee when appropriate. Subject to appropriation, the department of public health shall reimburse each program for the costs of services provided to persons for whom payment of a fee has been waived on the grounds of indigency.

Traffic

Indigency; payment of such fee would cause a grave and serious hardship to such individual or to the family of such individual.

At defendant's request before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge without hearing Yes

Waiver, partial or installment payments of fee.

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Massachusetts Mass. Gen. Laws ch. 90B, § 8(3)(B) Operation of Vessel Under Influence of Liquor or Drugs; Water Skiing; Reckless Operation

The defendant shall pay for the cost of the services provided by the boating safety education course, the alcohol education or rehabilitation program, and the residential alcohol treatment program; however,

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no person shall be excluded from said programs for inability to pay, provided that such person files an affidavit of indigency or inability to pay with the court, that investigation by the probation officer confirms such indigency or establishes that the payment of such fee would cause a grave and serious hardship to such individual or to the family of such individual, and that the court enters a written finding thereof. In lieu of waiver of the entire amount of said fee, the court may direct such individual to make partial or installment payments of the cost of said program.

Traffic

Cause a grave and serious hardship to such individual or to the family

At defendant's request before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge without hearing Yes

Waiver, partial or installment payments of fee.

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Massachusetts Mass. Gen. Laws ch. 265, § 47 Probation of Sex Offenders; Geographic Exclusion Zones; GPS.

The fees incurred by installing, maintaining and operating the global positioning system device, or comparable device, shall be paid by the probationer. If the court finds that such fees would

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cause a substantial financial hardship to the offender or the person’s immediate family or the person’s dependents, the court may waive such fees.

All

A substantial financial hardship to the offender or the person’s immediate family or the person’s dependents

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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Missouri Mo. Ann. Stat. § 600.086(3),(6) Eligibility for representation, rules to establish--indigency, how determined, procedure, appeal--false statements, penalty--investigation authorized

3. The determination of indigency of any person seeking the services of the state public defender system shall be made by the defender or anyone serving under him at any

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stage of the proceedings. Upon motion by either party, the court in which the case is pending shall have authority to determine whether the services of the public defender may be utilized by the defendant. Upon the courts finding that the defendant is not indigent, the public defender shall no longer represent the defendant. Any such person claiming indigency shall file with the court an affidavit which shall contain the factual information required by the commission under rules which may be established by the commission in determining indigency. 

6. The burden shall lie on the accused or the defendant to convince the defender or the court of his eligibility to receive legal services, in any conference, hearing or question thereon.

All

Indigent

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

Representation by public defender