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	Massachusetts	Mass. Gen. Laws ch. 266, § 108	Destroying Vessel to Defraud Owner or Insurer.	A person found guilty of violating this section shall, in addition to any other punishment, be ordered to make restitution to the insurer or owner for any financial loss sustained + See more as a result of the commission of the crime except as hereinafter provided. Restitution shall be imposed in addition to incarceration or fine. If the defendant is indigent or if the court finds that ordering such restitution would cause a substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents, the court may determine that the interests of the victim and of justice would not be served by ordering such restitution. In such case, the court shall make specific written findings of the evidence presented which militated against the imposition of restitution.	All	Indigent; a substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents	Before imposition of fine or fee	Not provided for	Not provided for	No	Restitution not ordered.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 108	Destroying Vessel to Defraud Owner or Insurer.	The court shall, after conviction, conduct an evidentiary hearing to ascertain the extent of the damages or financial loss suffered as a result of the defendant’s crime and may then + See more determine the amount and method of restitution. In so determining, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant. The defendant’s present and future ability to make such restitution shall be considered.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	N/A
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 108	Destroying Vessel to Defraud Owner or Insurer.	A defendant ordered to make restitution may petition the court for remission from any payment of restitution or from any unpaid portion thereof. If the court finds that the payment + See more of restitution due will impose a substantial financial hardship on the defendant or the defendant’s immediate family or the defendant’s dependents, the court may grant remission from any payment of restitution or modify the time and method of payment.	All	Not provided for	At defendant's request at enforcement	Not provided for	Not provided for	No	May grant remission or modify time and method of payment.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 108	Destroying Vessel to Defraud Owner or Insurer.	If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court may hold him in contempt unless said defendant has made + See more a good faith effort to make restitution. If the defendant has made such good faith effort, the court may, upon motion of the defendant, modify the order requiring restitution by: (a) providing for additional time to make any payment in restitution; (b) reducing the amount of any payment in restitution or installment thereof; (c) granting a remission from any payment of restitution or part thereof.	All	N/A	At defendant's request at enforcement	Not provided for	Determined by judge after hearing	No	Modify restitution order by providing for additional time to make any payment in restitution, reducing the amount of any payment in restitution or installment thereof, or granting a remission from + See more any payment of restitution or part thereof.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 276, § 30	Default Warrants — Warrant for Forfeiting or Defaulting on Bail Bond or Recognizance — Fees.	Any person arrested on a warrant issued because such person has forfeited or defaulted on his bail bond or recognizance or has been surrendered by a probation officer shall be + See more required by the court to pay a fee of $75 payable to the city or town in which such arrest was effected, unless the judge finds that such person is indigent or that such fee would cause a substantial financial hardship to the person, the person’s immediate family or the person’s dependents, in which case such person shall be required to perform one day of community service, unless the judge further finds that such person is physically or mentally unable to perform such service.	All	Indigent or that such fee would cause a substantial financial hardship to the person, the person’s immediate family or the person’s dependents	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	One day of community service
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 276, § 30	Default Warrants — Warrant for Forfeiting or Defaulting on Bail Bond or Recognizance — Fees.	Notwithstanding any law, rule or regulation to the contrary, whenever a default warrant, issued in any jurisdiction in the commonwealth against any person, is recalled by a court, the court + See more shall assess a fee of fifty dollars against the person in payment of the costs of recalling the warrant, except that the court may waive the fee upon a finding of good cause or upon a finding that such a fee would cause a substantial financial hardship to the person, the person’s immediate family or the person’s dependents.	All	A substantial financial hardship to the person, the person’s immediate family or the person’s dependents.	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Fee waiver
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 209A, § 10	Assessments against persons referred to certified batterers' treatment program as condition of probation	The court shall impose an assessment of three hundred and fifty dollars against any person who has been referred to a certified batterers’ treatment program as a condition of probation. + See more Said assessment shall be in addition to the cost of the treatment program. In the discretion of the court, said assessment may be reduced or waived when the court finds that the person is indigent or that payment of the assessment would cause substantial financial hardship to the person or the person’s immediate family or the person’s dependents.	All	Indigent or substantial financial hardship to the person or the person’s immediate family or the person’s dependents.	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Reduced or waived
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 276, § 87A	Participation in Rehabilitative Programs or Performance of Community Service Work.	The court shall not assess said monthly probation fee or said administrative probation fee upon any person placed on supervised probation or administrative supervised probation after release from prison or + See more a house of correction for said person’s first 6 months of such probation. Either or both of said fees shall be assessed after the first 6 months of such probation unless otherwise waived by the court pursuant to this section. The court may waive payment of either or both of said fees if it determines after a hearing that such payment would impose a substantial financial hardship on the person, the person’s immediate family or dependents. Following the hearing and upon a finding of hardship, the court may require any such person to perform unpaid community service work at a public or nonprofit agency or facility, monitored by the probation department, for not more than 4 hours per month in lieu of payment of a probation fee. A waiver shall be in effect only during the period of time that a person is unable to pay the monthly probation fee.	All	A substantial financial hardship on the person, the person’s immediate family or dependents	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	No	Perform unpaid community service work at a public or nonprofit agency or facility, monitored by the probation department, for not more than 4 hours per month in lieu of payment + See more of a probation fee; waiver in effect only during the period of time that a person is unable to pay the monthly probation fee.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 276, § 87A	Participation in Rehabilitative Programs or Performance of Community Service Work.	The court shall also assess upon every person placed on supervised probation, including all persons placed on probation for offenses under section 24 of chapter 90, a monthly probationers’ victim services + See more surcharge, hereinafter referred to as “victim services surcharge”, in the amount of $5 per month. Said person shall pay said victim services surcharge once each month during such time as said person remains on supervised probation. The court shall assess upon every person placed on administrative supervised probation a monthly administrative probationer’s victim services surcharge, hereinafter referred to as “administrative victim services surcharge” in the amount of $5 per month. Said person shall pay said administrative victim services surcharge once each month during such time as said person remains on administrative supervised probation. Notwithstanding the foregoing, said fees shall not be assessed upon any person accused or convicted of a violation of section 1 or 15 of chapter 273, where compliance with an order of support for a spouse or minor child is a condition of probation. The court may waive payment of either or both of said fees if it has determined, after a hearing, that the payment would impose a substantial financial hardship on the person, the person’s immediate family or dependents. A waiver shall be in effect only during the period of time that the person is unable to pay the monthly probation fee.	All	Substantial financial hardship on the person, the person’s immediate family or dependents	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	No	Waiver in effect only during the period of time that the person is unable to pay the monthly probation fee.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 276, § 92A	Restitution in cases involving motor vehicle theft or fraudulent claims	Restitution shall be imposed in addition to incarceration or fine, but not in lieu thereof. In an extraordinary case such as indigency, the court may determine that the interests of + See more the victim and justice would not be served by ordering restitution. In such a case, the court shall make and enter specific written findings on the record concerning the extraordinary circumstances presented which militated against the imposition of restitution. The court shall, after conviction, conduct an evidentiary hearing to ascertain the extent of the damages or financial loss suffered as a result of the defendant’s crime. The court may then determine the amount and method of restitution. In so determining, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant. The defendant’s present and future ability to make such restitution shall be considered. A defendant ordered to make restitution may petition the court for remission from any payment of restitution or from any unpaid portion thereof. If the court finds that the payment of restitution due will cause a substantial financial hardship to the defendant, the defendant’s immediate family or the defendant’s dependents, the court may grant remission from any payment of restitution, or modify the amount, time or method of payment. If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court may hold him in contempt unless said defendant has made a good faith effort to make restitution. If the defendant has made a good faith effort to make restitution, the court may, upon motion of the defendant, modify the order requiring restitution by: (a) providing for additional time to make any payment in restitution; (b) reducing the amount of any payment in restitution or installment thereof; (c) granting a remission from any payment of restitution or part thereof.	All	Indigency; a substantial financial hardship to the defendant, the defendant’s immediate family or the defendant’s dependents; modify the order requiring restitution by (a) providing for additional time to make any payment in restitution; + See more (b) reducing the amount of any payment in restitution or installment thereof; (c) granting a remission from any payment of restitution or part thereof.	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	Not order restitution; remission from any payment of restitution, or modification the amount, time or method of payment;
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 280, § 6A	Special Cost Assessments.	When a fine is suspended, in whole or in part, the special cost assessment shall be computed on the fine remaining to be paid. The court or justice may waive + See more all or any part of said cost assessment upon a finding that such payment would cause a substantial financial hardship to the person, the person’s immediate family or the person’s dependents.	All	A substantial financial hardship to the person, the person’s immediate family or the person’s dependents.	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Waive all or part of fee
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 280, § 6B	Assessment — Certain Crimes Relating to Controlled Substances.	The court shall impose an assessment of not less than thirty–five dollars nor more than one hundred dollars against any person who has attained the age of 18 years and + See more who is convicted of a misdemeanor or against whom a finding of sufficient facts for a conviction is made on a complaint charging a misdemeanor under sections thirty–two C, thirty–two D, and thirty–two G and thirty–five of chapter ninety–four C. The court shall impose an assessment of not less than one hundred and fifty dollars nor more than five hundred dollars against any person who is convicted of a felony or against whom a finding of sufficient facts for a conviction is made on a complaint charging a felony under sections thirty–two, thirty–two A, thirty–two B, thirty–two E, thirty–two F and thirty–four of chapter ninety–four C. When multiple criminal offenses arising from a single incident are charged, the total assessment shall not exceed five hundred dollars. The court or justice may waive all or any part of said assessment upon a finding that such payment would cause a substantial financial hardship to the person, the person’s immediate family or the person’s dependents.	Misdemeanor	A substantial financial hardship to the person, the person’s immediate family or the person’s dependents.	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Reduced or waived
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 211D, § 2A(f)	Proof of Indigency Required.	Except for a person under 18 years of age, a person provided counsel under this chapter shall be assessed a counsel fee of $150, which the court may waive only + See more upon a determination from officer’s data verification process that the person is unable to pay such $150 within 180 days. If, upon the biannual reassessment of the person’s indigency, the court concludes that the person is able to pay the $150 counsel fee of which the person obtained a waiver, the court shall revoke the waiver and reimpose the $150 counsel fee. The fee shall be in addition to any reduced fee required pursuant to section 2.	All	Not provided for	Not provided for	Not provided for	Not provided for	No	Fee waiver
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 211D, § 2	Indigency; definition, standards and procedures for determination	The committee for public counsel services shall establish a definition of “indigency” for the purposes of this chapter and uniform standards and procedures for the determination by the courts of + See more the commonwealth that: (1) a person is indigent and is unable to obtain counsel or (2) a person is indigent, but has the ability to pay a reduced fee for the appointment of counsel. The definition and standards, and any amendments thereto, shall be subject to the approval of the supreme judicial court and shall be used by the courts of the commonwealth in determining assignment of cases to the committee pursuant to section 5.	All	N/A	Not provided for	Not provided for	Not provided for	Yes	N/A
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 276, § 31	Default Warrant for Failure to Pay — Additional Fees — Payment to Court's Administrative Office.	Whenever a court issues a default warrant solely due to the person’s failure to pay a fine, assessment, court cost, restitution, support payment or other amount as ordered by the + See more court or required by law, the court shall specify the amount owed, including an additional assessment of $50 which assessment may be waived by the court upon a finding of good cause or upon a finding that such an assessment would cause a substantial financial hardship to the person, the person’s immediate family or the person’s dependents, with a statement that the warrant against the person may be discharged upon payment of the amount and the assessment, if any, and shall note the same in the warrant management system.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Fee waiver
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 279, § 1	Suspended Sentences — Imprisonment.	When a person so convicted is sentenced to pay a fine and to stand committed until it is paid, the court may direct that the execution of the sentence, or + See more any part thereof, be suspended for such time as it shall fix and in its discretion that he be placed on probation on condition that he pay the fine within such time . . . If during or at the end of said period the probation officer shall report that the fine is in whole or in part unpaid, and in his opinion the person is unwilling or unable to pay it, the court may either extend said period, place the case on file or revoke the suspension of the execution of the sentence.	All	Not provided for	Not provided for	Not provided for	Not provided for	No	Extend probation period
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 276, § 37A	Assignment of counsel	If a person is charged with a capital crime and brought before a district court for the initial appearance, the superior court may assign counsel upon his petition and upon + See more certification of the charge to the superior court by the clerk of the district court. The examination shall thereupon be continued until the assignment of counsel has been made, and certification thereof received by the clerk of the district court, or until the petition for assignment of counsel has been otherwise disposed of. Upon a determination that a person accused of murder in the first or second degree is indigent, the chief counsel of the committee for public counsel services, or his designee, may assign the case to either the public counsel division or the private counsel division.	All	Indigent	Not provided for	Not provided for	Determined by judge without hearing	No	N/A
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 279, § 1A	Suspension of execution of sentence; probation; child support payments	If during or at the end of said period the probation officer shall report that the fine is in whole or in part unpaid, and in his opinion the person + See more is unwilling or unable to pay it, the court may either extend said period, place the case on file or revoke the suspension of the execution of the sentence. When such suspension is revoked, in a case where the fine has been paid in part, the defendant may be committed for default in payment of the balance, and may also be committed for the term of imprisonment fixed in the original sentence.	All	Not provided for	At enforcement of fine or fee	Not provided for	Determined by judge without hearing	No	Extend probation period
Add to Dashboard + Create New	New Jersey	N.J. Stat. Ann. § 2B:12-23.1	Inability to pay fine in full on date of court hearing	Notwithstanding any other provision of law to the contrary, if a municipal court finds that a person does not have the ability to pay a penalty in full on the date + See more of the hearing or has failed to pay a previously imposed penalty, the court may order the person to perform community service in lieu of the payment of a penalty; or, order the payment of the penalty in installments for a period of time determined by the court.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	No	Community service, installment plan

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