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Below are the ability to pay laws that meet your search criteria. Many include a See related provisions prompt which searches our database for laws that may pertain to your result.
32 Results
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 + See morewas 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.
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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 + See morethe 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. . .
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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 to obtain the funds required for payment"
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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 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 + See moreordered 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.
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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 effort to obtain the funds required for payment"
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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 + See morefull 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.
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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 + See moreto 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.
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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 + See morepetition 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.
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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 + See moreas 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.
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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 + See moreopportunity 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. . .
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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 + See morerestitution will impose
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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 + See morefor 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.
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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 + See morepay 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.
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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 + See morein determining the amount of the fee to be ordered: [table]
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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 + See morea 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.
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(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.
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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 § 780.826(10)-(14) | violation of probation - resources to pay |
Notwithstanding any other provision of this section, a defendant shall not be imprisoned, jailed, or incarcerated for a violation of probation or otherwise for failure to pay restitution as ordered + See moreunder this section unless the court determines that the defendant has the resources to pay the ordered restitution and has not made a good faith effort to do so.
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Misdemeanor | Not provided for | Not provided for | Not provided for | Not provided for | No |
Modification of the amount or method of payment |
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Michigan | Mich. Comp. Laws § 324.48740(3) | Game and fish penalties |
If a defendant fails to pay the sums forfeited for a violation of subsection (1), upon conviction, the court shall either impose a sentence of probation, and as a condition + See moreof sentence require the defendant to satisfy the forfeiture in the amount prescribed and fix the manner and time of payment, or make a written order permitting the defendant to pay the forfeited sums in installments at the times and in the amounts as the court determines the defendant is able to pay.
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Misdemeanor | Not provided for | Not provided for | Not provided for | Not provided for | No |
Installment plan |
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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 + See morethe juvenile or those responsible for the juvenile's support, or both, if the persons to be assessed are financially able to comply.
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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 + See morethan 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.
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All | Not provided for | Not provided for | Not provided for | Other | No |
Not specified |
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Utah | Utah R. Crim. P. 15 | Expert Witnesses |
Upon showing that a defendant is financially unable to pay the fees of an expert whose services are necessary for adequate defense, the witness fee shall be paid as if + See morehe were called on behalf of the prosecution.
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All |
unable to pay fees |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | No |
costs covered by state |
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Utah | Utah Code Ann. § 76-5-502 | Request for testing--Mandatory testing--Liability for costs | the alleged offender who is tested is responsible upon conviction for the costs of testing, unless the alleged offender is indigent. | All |
indigent |
Not provided for | Not provided for | Not provided for | Yes |
costs covered by state |
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Utah | Utah Code Ann. § 77-32a-3 | Ability to pay |
The court shall not include in the judgment a sentence that a defendant pay costs unless the defendant is or will be able to pay them. In determining the amount + See moreand method of payment of costs, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose and that restitution be the first priority
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes | Not provided for |
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