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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. 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 Motor vehicle insurance policies; penalty for fraudulent claims

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 Not provided for No

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

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Massachusetts Mass. Gen. Laws ch. 127, § 145(a)-(b),(d),(f) Discharge of Poor Prisoners Held for Nonpayment of Fines.

(a) A court shall not commit a person to a correctional facility solely for non-payment of money owed if such person has established, by a preponderance of the evidence, that the

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person is unable to pay the fine without causing substantial financial hardship to the person or their immediate family or dependents. A court shall determine whether the payment of a fine would cause such substantial financial hardship after a hearing and, in making such determination, shall consider the person’s employment status, income, financial resources, living expenses, number of dependents and any special circumstances that may affect a person’s ability to pay.

(b) A court shall not commit a person to a correctional facility for non-payment of money owed if such a person is not represented by counsel for the commitment proceeding, unless such person has waived counsel. A person deemed indigent for the purpose of being offered counsel and who is assigned counsel for the commitment portion of a proceeding solely for the nonpayment of money owed shall not be assessed a fee for such counsel.

(d) If a court determines that the payment of a fine would cause a substantial financial hardship pursuant to subsection (a), the court may impose an alternative to a fine or sentence to a correctional facility including, without limitation, community service.

(f) A person confined to a correctional facility for non-payment of money owed may petition the court for discharge from the correctional facility for an inability to pay the money owed due to a substantial financial hardship. If, after a hearing pursuant to subsection (a), the court determines that the person is not able to pay the money owed without causing a substantial financial hardship to the person, or the person’s immediate family or dependents, the court shall discharge the person from the correctional facility. No filing fee shall be charged for the filing of the petition.

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Substantial financial hardship to the person or their immediate family or dependents; indigdent; 

At enforcement of fine or fee Not provided for Not provided for No

Discharge from jail when confined for nonpayment of fine; alternative to a fine or sentence to a correctional facility including, without limitation, community service; not assessed a fee for counsel.

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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.

All

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. 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