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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Massachusetts Mass. Gen. Laws ch. 258B, § 8 Assessments imposed by court

If it is determined by a written finding of fact that an assessment, other than for a civil motor vehicle infraction imposed by this section would cause a substantial financial

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hardship to the person against whom the assessment is imposed or the person’s immediate family or the person’s dependents, the court may waive the fee or structure a payment plan in order to ensure compliance with payment; provided, however, that the court may order a person required to pay a domestic violence prevention and victim assistance assessment to complete at least 8 hours of community service in order to satisfy such assessment, if a structured payment would continue to impose a severe financial hardship. 

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severe financial hardship

Before imposition of fine or fee Not provided for Determined by judge without hearing No

waive the fee or structure a payment plan; community service in lieu of payment.

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Massachusetts Mass. Gen. Laws ch. 279, § 1 Suspension of execution; payment of fine; probation; revocation of suspension; exceptions

When a person convicted before a court is sentenced to imprisonment, the court may direct that the execution of the sentence, or any part thereof, be suspended and that he

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be placed on probation for such time and on such terms and conditions as it shall fix. 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 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 the fine does not exceed two hundred dollars and the court finds that the defendant is unable to pay it when imposed, the execution of the sentence shall be suspended and he may in its discretion be placed on probation, unless the court shall find that he will probably default, or that such suspension will be detrimental to the interests of the public. 

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Not provided for

At enforcement of fine or fee Not provided for Determined by judge without hearing No

The execution of the sentence, or part of the sentence, may be suspended and the court may in its discretion place the person on probation.

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Massachusetts Mass. Gen. Laws ch. 266, § 111B Fraudulent Motor Vehicle Insurance Claims; Penalties; Reimbursement of Insurer.

Upon a real or impending change in financial circumstances, a defendant ordered to pay restitution may petition the court for a modification of the amount, time or method of payment

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of restitution. If the court finds that because of any such change the payment of restitution will impose an undue financial hardship on the defendant or his family, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.

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Payment would impose an undue financial hardship on defendant or his family.

At defendant's request at enforcement Not provided for Determined by judge without hearing No

Remission from any payment of restitution or modify the amount, time or method of payment; 

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Massachusetts Mass. Gen. Laws ch. 266, § 111B Fraudulent Motor Vehicle Insurance Claims; Penalties; Reimbursement of Insurer.

. . . In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose

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on the defendant.

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Not provided for

Before imposition of fine or fee Not provided for Determined by judge without hearing Yes Not provided for
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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. 266, § 27A Removing or Concealing Motor Vehicles or Trailers to Defraud Insurers; Reimbursement of Insurers.

Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof; provided, however, the court shall consider the defendant’s present and future ability to pay in

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its determinations regarding a find; provided, further, that, whenever possible subject to the constraints of this paragraph and the preceding paragraph, the amount of a fine imposed for a violation of this section shall equal twice the amount of damages or financial loss suffered as a result of the defendant’s crime.

Felony

Not provided for

Before imposition of fine or fee Not provided for Determined by judge without hearing Yes

N/A

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Massachusetts Mass. Gen. Laws ch. 266, § 27A Removing or Concealing Motor Vehicles or Trailers to Defraud Insurers; Reimbursement of Insurers.

In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant.

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Upon a real or impending change in financial circumstances, a defendant ordered to pay restitution may petition the court for a modification of the amount, time or method of payment of restitution. If the court finds that because of any such change the payment of restitution will cause a substantial financial hardship to 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 amount, time or method of payment.

Felony

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

At defendant's request at enforcement Not provided for Determined by judge without hearing No

Modification of the amount, time or method of payment of restitution; remission from any payment of restitution or modify the amount, time or method of payment.

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Massachusetts Mass. Gen. Laws ch. 266, § 27A Removing or Concealing Motor Vehicles or Trailers to Defraud Insurers; Reimbursement of Insurers.

If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court shall hold him in contempt unless said defendant has made

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a good faith effort to pay such restitution. If said defendant has made a good faith effort to pay such restitution, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.

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N/A

At enforcement of fine or fee Not provided for Determined by judge without hearing No

modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.

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Massachusetts Mass. Gen. Laws ch. 269, § 14(d) False Reports Relative to Location of Explosives, etc., Penalized.

. . . A person found guilty of violating this section shall, in all cases, in addition to any other punishment, be ordered to make restitution to the individual, public

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or private entity for any costs incurred, damages and financial loss sustained as a result of the commission of the crime. Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof, however, the court shall consider the defendant’s present and future ability to pay in its determinations regarding a fine. In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant.

Felony

Not provided for

Before imposition of fine or fee Not provided for Determined by judge without hearing Yes

N/A

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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. 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

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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.

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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

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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

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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

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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.

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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

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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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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

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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

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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

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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

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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

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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

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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

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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.

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Indigent

Not provided for Not provided for Determined by judge without hearing No

N/A

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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

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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