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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Michigan Mich. Comp. Laws § 772.6 Failure to pay recognizance
If the person so ordered to recognize refuses or neglects to provide that recognizance, the court shall commit the person to the county jail during the period for which security
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was required, or until the person provides that recognizance. A person shall not be incarcerated for failure to pay the recognizance unless the court conducts a hearing and determines that the person has the resources to pay the recognizance and has not made a good faith effort to do so. In determining whether to incarcerate the person, the court shall also consider the person's employment status, earning ability, and financial resources; the willfulness of the person's failure to pay the recognizance; and any other special circumstances that may have a bearing on the person's ability to pay the recognizance. The court shall state in the warrant the cause of commitment with the sum and the time for which the security was required.
All

the person has the resources to pay the recognizance and has not made a good faith effort to do so

At enforcement of fine or fee Not provided for Determined by judge after hearing No

none

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Michigan Mich. Comp. Laws § 257.908(1)-(4) Default as civil contempt; penalty
If a defendant defaults in the payment of a civil fine, costs, or both, or of any installment, as ordered pursuant to section 907(2), the court, upon the motion of
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the plaintiff or upon its own motion, may require the defendant to show cause why the default should not be treated as in civil contempt and may issue a summons or order to show cause or a bench warrant of arrest for the defendant's appearance. . . . If it appears that the default in the payment of a civil fine or costs does not constitute civil contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount of payment or of each installment, or revoking the fine or costs or the unpaid portion thereof in whole or in part. . .
Traffic

"default was not attributable to an intentional refusal to obey the order of the court or to a failure on his or her part to make a good faith effort

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to obtain the funds required for payment"

At enforcement of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing No

allowing the defendant additional time for payment, reducing the amount of payment or of each installment, or revoking the fine or costs or the unpaid portion thereof in whole or

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in part

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Michigan Mich. Comp. Laws § 600.8729(1)-(4) Payment of fine, default as civil contempt
If a defendant defaults in the payment of a civil fine, costs, assessment, or, if applicable, damages or expenses as provided in section 8733(2) if applicable, or any installment, as
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ordered pursuant to section 8727, the court, upon the motion of the plaintiff or upon its own motion, may require the defendant to show cause why the defendant should not be held in civil contempt and may issue a summons, an order to show cause, or a bench warrant of arrest for the defendant's appearance. . . . If it appears that the default in the payment of a fine, costs, assessment, or damages or expenses does not constitute civil contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount of payment or of each installment, or revoking the fine, costs, assessment, or damages or expenses.
All

"the default was not attributable to an intentional refusal to obey the order of the court or to a failure on his or her part to make a good faith

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effort to obtain the funds required for payment"

At enforcement of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing No

allowing the defendant additional time for payment, reducing the amount of payment or of each installment, or revoking the fine, costs, assessment, or damages or expense

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Michigan Mich. Comp. Laws § 791.225a Projected income and financial resources
(3) In determining the amount of the fee, the department shall consider the offender's projected income and financial resources. . . . (6) If a person has not paid the
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full amount of a supervision fee upon being discharged from probation, or upon termination of the period of delayed sentence for a person subject to delayed sentence, the department shall review and compare the actual income of the person during the period of probation or delayed sentence with the income amount projected when the supervision fee was ordered. If the department determines that the person's actual income did not equal or exceed the projected income, the department shall waive any unpaid amount in excess of the total amount that the person would have been ordered to pay if the person's income had been accurately projected, unless the court order states that a higher amount was ordered due to available assets or other financial resources.
All Not provided for Not provided for Not provided for Administrative decision Yes

Not specified

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Michigan Mich. Comp. Laws § 780.794(11) Juvenile probation
(11) If the juvenile is placed on probation, any restitution ordered under this section shall be a condition of that probation. The court may revoke probation if the juvenile fails
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to comply with the order and if the juvenile has not made a good faith effort to comply with the order. In determining whether to revoke probation, the court shall consider the juvenile's employment status, earning ability, and financial resources, the willfulness of the juvenile's failure to pay, and any other special circumstances that may have a bearing on the juvenile's ability to pay.
All Not provided for Not provided for Not provided for Other No

Modification of the amount or method of payment

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Michigan Mich. Comp. Laws § 780.794(12) Juvenile probation
(12) Subject to subsection (18), a juvenile who is required to pay restitution and who is not in willful default of the payment of the restitution may at any time
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petition the court to modify the method of payment. If the court determines that payment under the order will impose a manifest hardship on the juvenile or his or her immediate family, and if the court also determines that modifying the method of payment will not impose a manifest hardship on the victim, the court may modify the method of payment.
All Not provided for Not provided for Not provided for Other Yes

Not specified

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Michigan Mich. Comp. Laws § 780.794(14) Juvenile probation
(14) Notwithstanding any other provision of this section, a juvenile shall not be detained or imprisoned for a violation of probation or parole or otherwise for failure to pay restitution
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as ordered under this section unless the court determines that the juvenile has the resources to pay the ordered restitution and has not made a good faith effort to do so.
All Not provided for Not provided for Not provided for Other Yes

Not specified

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Michigan Mich. Comp. Laws § 780.794(15) Juvenile probation
(15) If the court determines that the juvenile is or will be unable to pay all of the restitution ordered, after notice to the juvenile's parent or parents and an
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opportunity for the parent or parents to be heard, the court may order the parent or parents having supervisory responsibility for the juvenile at the time of the acts upon which an order of restitution is based to pay any portion of the restitution ordered that is outstanding. . .
All Not provided for Not provided for Not provided for Other Yes

Not specified

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Michigan Mich. Comp. Laws § 780.794(16) Juvenile probation
(16) If the court orders a parent to pay restitution under subsection (15), the court shall take into account the parent's financial resources and the burden that the payment of
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restitution will impose
All Not provided for Not provided for Not provided for Other Yes

Not specified

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Michigan Mich. Comp. Laws § 780.794(17) Juvenile probation
(17) A parent who has been ordered to pay restitution under subsection (15) may petition the court for a modification of the amount of restitution owed by the parent or
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for a cancellation of any unpaid portion of the parent's obligation. The court shall cancel all or part of the parent's obligation due if the court determines that payment of the amount due will impose a manifest hardship on the parent and if the court also determines that modifying the method of payment will not impose a manifest hardship on the victim.
All Not provided for Not provided for Not provided for Other Yes

Not specified

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Michigan Mich. Comp. Laws § 771.3(6)(a) Cost imposed as part of sentence of probation
(6) If the court imposes costs under subsection (2) as part of a sentence of probation, all of the following apply: (a) The court shall not require a probationer to
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pay costs under subsection (2) unless the probationer is or will be able to pay them during the term of probation. In determining the amount and method of payment of costs under subsection (2), the court shall take into account the probationer's financial resources and the nature of the burden that payment of costs will impose, with due regard to his or her other obligations.
All Not provided for Not provided for Not provided for Not provided for Yes

Not specified

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Michigan Mich. Comp. Laws § 771.3c(1) Probationer's projected income and financial resources
. In determining the amount of the fee, the court shall consider the probationer's projected income and financial resources. The court shall use the following table of projected monthly income
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in determining the amount of the fee to be ordered: [table]
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

Not specified

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Michigan Mich. Comp. Laws § 769.1a(10-14) Restitution - limitations
(10) If not otherwise provided by the court under this subsection, restitution shall be made immediately. However, the court may require that the defendant make restitution under this section within
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a specified period or in specified installments. (11) If the defendant is placed on probation or paroled or the court imposes a conditional sentence under section 3 of this chapter, any restitution ordered under this section shall be a condition of that probation, parole, or sentence. The court may revoke probation or impose imprisonment under the conditional sentence and the parole board may revoke parole if the defendant fails to comply with the order and if the defendant has not made a good faith effort to comply with the order. In determining whether to revoke probation or parole or impose imprisonment, the court or parole board shall consider the defendant's employment status, earning ability, and financial resources, the willfulness of the defendant's failure to pay, and any other special circumstances that may have a bearing on the defendant's ability to pay. (12) A defendant who is required to pay restitution and who is not in willful default of the payment of the restitution may at any time petition the sentencing judge or his or her successor to modify the method of payment. If the court determines that payment under the order will impose a manifest hardship on the defendant or his or her immediate family, the court may modify the method of payment. . . . (14) Notwithstanding any other provision of this section, a defendant shall not be imprisoned, jailed, or incarcerated for a violation of probation or parole or otherwise for failure to pay restitution as ordered under this section unless the court or parole board determines that the defendant has the resources to pay the ordered restitution and has not made a good faith effort to do so.
All Not provided for Not provided for Not provided for Other No

Change method of payment; not make condition of probation, parole, or sentence

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Michigan Mich. Comp. Laws § 769.1b Review hearing for juvenile placed on probation and committed
If legal counsel has not been retained or appointed to represent the juvenile, the court shall appoint legal counsel and may assess the cost of providing counsel as costs against
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the juvenile or those responsible for the juvenile's support, or both, if the persons to be assessed are financially able to comply.
All Not provided for Not provided for Not provided for Other Yes

Not specified

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Michigan Mich. Comp. Laws § 771.3c Order of probation; probation supervision fee; allocation of money collected for multiple obligations; juvenile committed pursuant to youth rehabilitation services act
The court may order a higher amount than indicated by the table, up to the maximum of $135.00 multiplied by the number of months of probation ordered, but not more
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than 60 months, if the court determines that the probationer has sufficient assets or other financial resources to warrant the higher amount. If the court orders a higher amount, the amount and the reasons for ordering that amount shall be stated in the court order. The fee shall be collected as provided in section 25a of the corrections code of 1953, 1953 PA 232, MCL 791.225a. A person shall not be subject to more than 1 supervision fee at the same time. If a supervision fee is ordered for a person for any month or months during which that person already is subject to a supervision fee, the court shall waive the fee having the shorter remaining duration.
All Not provided for Not provided for Not provided for Other No

Not specified

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Pennsylvania Pa. R. Crim. P. 706 Fines or Costs
(A) A court shall not commit the defendant to prison for failure to pay a fine or costs unless it appears after hearing that the defendant is financially able
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to pay the fine or costs. (B) When the court determines, after hearing, that the defendant is without the financial means to pay the fine or costs immediately or in a single remittance, the court may provide for payment of the fines or costs in such installments and over such period of time as it deems to be just and practicable, taking into account the financial resources of the defendant and the nature of the burden its payments will impose, as set forth in paragraph (D) below. (C) The court, in determining the amount and method of payment of a fine or costs shall, insofar as is just and practicable, consider the burden upon the defendant by reason of the defendant’s financial means, including the defendant’s ability to make restitution or reparations. (D) In cases in which the court has ordered payment of a fine or costs in installments, the defendant may request a rehearing on the payment schedule when the defendant is in default of a payment or when the defendant advises the court that such default is imminent. At such hearing, the burden shall be on the defendant to prove that his or her financial condition has deteriorated to the extent that the defendant is without the means to meet the payment schedule. Thereupon the court may extend or accelerate the payment schedule or leave it unaltered, as the court finds to be just and practicable under the circumstances of record. When there has been default and the court finds the defendant is not indigent, the court may impose imprisonment as provided by law for nonpayment.
All

financial means to pay, taking account of financial resources and nature of burden

Not provided for Burden on defendant to show inability to pay Not provided for Yes

Installment Plans

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Pennsylvania 42 Pa. Stat. Ann. § 9726 Fine
The court shall not sentence a defendant to pay a fine unless it appears of record that:(1) the defendant is or will be able to pay the fine; and(2) the
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fine will not prevent the defendant from making restitution or reparation to the victim of the crime.(d) Financial resources.--In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose.
All

financial means to pay, taking account of financial resources and nature of burden

Not provided for Not provided for Not provided for Yes

waiver of fine

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Pennsylvania 42 Pa. Stat. Ann. § 9730 Payment of Court Costs, Restitution, and Fines
If a defendant defaults in the payment of a fine, court costs or restitution after imposition of sentence, the issuing authority or a senior judge or senior magisterial district judge
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appointed by the president judge for the purposes of this section may conduct a hearing to determine whether the defendant is financially able to pay. . . If the issuing authority, senior judge or senior magisterial district judge determines that the defendant is without the financial means to pay the fine or costs immediately or in a single remittance, the issuing authority, senior judge or senior magisterial district judge may provide for payment in installments. In determining the appropriate installments, the issuing authority, senior judge or senior magisterial district judge shall consider the defendant's financial resources, the defendant's ability to make restitution and reparations and the nature of the burden the payment will impose on the defendant. If the defendant is in default of a payment or advises the issuing authority, senior judge or senior magisterial district judge that default is imminent, the issuing authority, senior judge or senior magisterial district judge may schedule a rehearing on the payment schedule. At the rehearing the defendant has the burden of proving changes of financial condition such that the defendant is without the means to meet the payment schedule. The issuing authority, senior judge or senior magisterial district judge may extend or accelerate the schedule, leave it unaltered or sentence the defendant to a period of community service as the issuing authority, senior judge or senior magisterial district judge finds to be just and practicable under the circumstances.
All

financial means to pay, taking account of financial resources and nature of burden

At enforcement of fine or fee Burden on defendant to show inability to pay Not provided for No

extension or acceleration of payment schedule; community service

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Pennsylvania 18 Pa. Stat. Ann. § 7508.1(b) Substance Abuse Education and Demand Reduction Fund.
Unless the court finds that undue hardship would result, a mandatory cost of $100, which shall be in addition to any other costs imposed pursuant to statutory authority, shall automatically
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be assessed on any individual convicted, adjudicated delinquent or granted Accelerated Rehabilitative Disposition or any individual who pleads guilty or nolo contendere for a violation of the act of April 14, 1972 (P.L. 233, No. 64)1, known as The Controlled Substance, Drug, Device and Cosmetic Act, or a violation of 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance).
All Not provided for Not provided for Not provided for Not provided for Yes

not specified

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Pennsylvania 18 Pa. Stat. Ann. § 1106 Restitution for injuries to person or property
At the time of sentencing the court shall specify the amount and method of restitution. In determining the amount and method of restitution, the court: (i) Shall consider the extent
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of injury suffered by the victim, the victim's request for restitution as presented to the district attorney in accordance with paragraph (4) and such other matters as it deems appropriate. (ii) May order restitution in a lump sum, by monthly installments or according to such other schedule as it deems just. (iii) Shall not order incarceration of a defendant for failure to pay restitution if the failure results from the offender's inability to pay.
All Not provided for Not provided for Not provided for Not provided for Yes

payment plan