50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Ability to Pay
Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
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- Alabama (12)
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- Illinois (23)
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- Iowa (12)
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- Kentucky (17)
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- Massachusetts (39)
- Michigan (17)
- Minnesota (14)
- (-) Mississippi (8)
- Missouri (15)
- Montana (29)
- (-) Nebraska (14)
- Nevada (7)
- New Hampshire (29)
- New Jersey (9)
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- New York (8)
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- Rhode Island (3)
- South Carolina (17)
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- Texas (17)
- (-) Utah (5)
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- Washington (15)
- Washington DC (5)
- West Virginia (16)
- Wisconsin (7)
- Wyoming (17)
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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.
27 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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Mississippi | Miss. Code Ann. § 99-19-20 (2) | Fines; payment; indigent defendants; inability to work or unavailability of work |
The defendant shall not be imprisoned if the defendant is financially unable to pay a fine and so states to the court in writing, under oath, after sentence is pronounced, + See moreand the court so finds
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All | Not provided for | At defendant's request at enforcement | Burden on defendant to show inability to pay | Other | Yes |
work for the county |
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Mississippi | Miss. Code Ann. § 99-5-38 (8) | community service |
The court may allow a defendant to perform community service in lieu of paying the costs required by subsection (2)(b) or (c) if the court determines that the defendant is + See moreindigent.
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Felony |
indigence |
Not provided for | Not provided for | Not provided for | No |
community service |
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Mississippi | Miss. Code Ann. § 63-11-31 (7)(a) | Interlock Device Fund |
The Department of Public Safety shall promulgate rules and regulations for the use of monies in the Interlock Device Fund to offset the cost of device installation and operation by + See moreand court-ordered drug testing of indigent offenders.
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Misdemeanor |
inadequate resources to pay; participation in public assistance programs |
Not provided for | Burden on government to show ability to pay | Administrative decision | Yes |
Interlock Device Fund |
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Mississippi | Miss. Code Ann. § 47-7-49 (1) | hardship waiver |
A hardship waiver may be granted by the sentencing court or the Department of Corrections. A hardship waiver may not be granted for a period of time exceeding ninety (90) + See moredays.
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Misdemeanor |
inability to pay |
At defendant's request at enforcement | Not provided for | Not provided for | Yes |
hardship waiver |
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Mississippi | Miss. Code Ann. § 47-5-1007 (1)(a) | Waiver | The department may waive the monthly fee if the offender is a full-time student or is engaged in vocational training. | Misdemeanor |
full-time student |
Not provided for | Not provided for | Not provided for | Yes |
waiver |
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Mississippi | Miss. Code Ann. § 47-5-1007 (1)(b) | sliding scale | based on a sliding scale using the standard of need for each family that is used to calculate TANF benefits | Misdemeanor |
TANF benefits recipient |
Not provided for | Not provided for | Other | Yes |
sliding scale for payment |
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Mississippi | Miss. Code Ann. § 47-5-1013 (a) | waiver |
The sentencing judge may charge a program fee of less than Eighty-eight Dollars ($ 88.00) per month in cases of extreme financial hardship, when such judge determines that the offender's + See moreparticipation in the program would provide a benefit to his community.
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Misdemeanor |
extreme financial hardship |
Not provided for | Not provided for | Not provided for | No |
lower fee |
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Mississippi | Miss. Code Ann. § 99-37-3(2) | Imposition and amount |
In determining whether to order restitution which may be complete, partial or nominal, the court shall take into account:(a) The financial resources of the defendant and the burden that payment + See moreof restitution will impose, with due regard to the other obligations of the defendant;
(b) The ability of the defendant to pay restitution on an installment basis or on other conditions to be fixed by the court; and
(c) The rehabilitative effect on the defendant of the payment of restitution and the method of payment.
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All |
ability of defendant to pay on installment basis, financial resources of the defendant, burden of payment |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
installment plan, reduction of amount, or waiver |
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Nebraska | Neb. Rev. Stat. § 29-2284 | Probation or parole; revocation; conditions |
If the defendant is placed on probation or paroled, the court may revoke probation, and the Board of Parole may revoke parole if the defendant fails to comply with the + See morerestitution order. In determining whether to revoke probation or parole, the court or Board of Parole shall consider the defendant's earning ability and financial resources, the willfulness of the defendant's failure to pay, and any special circumstances affecting the defendant's ability to pay. Probation or parole may not be revoked unless noncompliance with the restitution order is attributable to an intentional refusal to obey the order or a failure to make a good faith effort to comply with the order.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Not provided for | Yes |
N/A |
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Nebraska | Neb. Rev. Stat. § 29-2206(1)(a),(2) | Fine and costs; commitment until paid; installments; deduction from bond; suspension or revocation of motor vehicle operator's license |
(1) (a) In all cases in which courts or magistrates have now or may hereafter have the power to punish offenses, either in whole or in part, by requiring the offender to pay fines or costs, or both, such courts or magistrates may make it a part of the sentence that the party stand committed and be imprisoned in the jail of the proper county until the fines or costs are paid or secured to be paid or the offender is otherwise discharged according to law if the court or magistrate determines that the offender has the financial ability to pay such fines or costs. The court or magistrate may make such determination at the sentencing hearing or at a separate hearing prior to sentencing. A separate hearing shall not be required. In making such determination, the court or magistrate may consider the information or evidence adduced in an earlier proceeding pursuant to section 29-3902, 29-3903, 29-3906, or 29-3916. At any such hearing, the offender shall have the opportunity to present information as to his or her income, assets, debts, or other matters affecting his or her financial ability to pay. Following such hearing and prior to imposing sentence, the court or magistrate shall determine the offender’s financial ability to pay the fines or costs, including his or her financial ability to pay in installments under subsection (2) of this section.
(2) If the court or magistrate determines, pursuant to subsection (1) of this section, that an offender is financially unable to pay such fines or costs in one lump sum but is financially capable of paying in installments, the court or magistrate shall make arrangements suitable to the court or magistrate and to the offender by which the offender may pay in installments. The court or magistrate shall enter an order specifying the terms of such arrangements and the dates on which payments are to be made. |
All |
Not provided for |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | Yes |
Payment in installments. |
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Nebraska | Neb. Rev. Stat. § 29-2412(2) | Fine and costs; nonpayment; commutation upon confinement; credit; amount. |
(2) Whenever it is made satisfactorily to appear to the district court, or to the county judge of the proper county, after all legal means have been exhausted, that any person who is confined in jail for any fines or costs of prosecution for any criminal offense has no estate with which to pay such fines or costs, it shall be the duty of such court or judge, on his or her own motion or upon the motion of the person so confined, to discharge such person from further imprisonment for such fines or costs, which discharge shall operate as a complete release of such fines or costs.
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All |
No estate with which to pay such fines or costs |
At enforcement of fine or fee | Not provided for | Not provided for | No |
If imprisoned for nonpayment of fines and costs, then discharged from prison. |
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Nebraska | Neb. Rev. Stat. § 29-2412(1)(a),(c) | Fine and costs; nonpayment; commutation upon confinement; credit; amount |
(1) (a) Any person arrested and brought into custody on a warrant for failure to pay fines or costs, for failure to appear before a court or magistrate on the due date of such fines or costs, or for failure to comply with the terms of an order pursuant to sections 29-2206 and 29-2206.01, shall be entitled to a hearing on the first regularly scheduled court date following the date of arrest. The purpose of such hearing shall be to determine the person’s financial ability to pay such fines or costs. At the hearing, the person shall have the opportunity to present information as to his or her income, assets, debts, or other matters affecting his or her financial ability to pay. Following the hearing, the court or magistrate shall determine the person’s ability to pay the fines or costs, including his or her financial ability to pay by installment payments as described in section 29-2206;
(c) If the court or magistrate determines that the person is financially unable to pay the fines or costs, the court or magistrate: (i) Shall either: (A) Enter an order pursuant to subdivision (1)(d) of this section discharging the person of such fines or costs; or (B) If the person is subject to an order to pay installments pursuant to section 29-2206, the court or magistrate shall either enter an order pursuant to subdivision (1)(d) of this section discharging the person of such obligation or make any necessary modifications to the order specifying the terms of the installment payments as justice may require and that will enable the person to pay the fines or costs; and (ii) May order the person to complete community service for a specified number of hours pursuant to sections 29-2277 to 29-2279;
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All | Not provided for | At defendant's request at enforcement | Not provided for | Determined by judge after hearing | Yes |
Discharge payment of fines; installment payments; community service in lieu of fines. |
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Nebraska | Neb. Rev. Stat. § 29-2262.06(4) | Fees; waiver; when; failure to pay; effect |
The court shall waive payment of the monthly probation programming fees in whole or in part if after a hearing a determination is made that such payment would constitute an undue hardship on the offender due to limited income, employment or school status, or physical or mental handicap. Such waiver shall be in effect only during the period of time that the probationer or participant in a non-probation-based program or service is unable to pay his or her monthly probation programming fee.
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All |
Undue hardship due to limited income, employment or school status, or physical or mental hardship |
At enforcement of fine or fee | Not provided for | Determined by judge after hearing | No |
Waive payment of the monthly probation programming fees |
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Nebraska | Neb. Rev. Stat. § 29-2281 | Restitution; determination of amount; manner of payment |
To determine the amount of restitution, the court may hold a hearing at the time of sentencing. The amount of restitution shall be based on the actual damages sustained by the victim and shall be supported by evidence which shall become a part of the court record. The court shall consider the defendant’s earning ability, employment status, financial resources, and family or other legal obligations and shall balance such considerations against the obligation to the victim. In considering the earning ability of a defendant who is sentenced to imprisonment, the court may receive evidence of money anticipated to be earned by the defendant during incarceration. A person may not be granted or denied probation or parole either solely or primarily due to his or her financial resources or ability or inability to pay restitution. The court may order that restitution be made immediately, in specified installments, or within a specified period of time not to exceed five years after the date of judgment or defendant’s final release date from imprisonment, whichever is later
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All |
Defendant's earning ability, employment status, financial resources, and family or other legal obligations and shall balance such considerations against the obligation to the victim. In considering the earning ability of a defendant who is sentenced to imprisonment, the court may receive evidence of money anticipated to be earned by the defendant during incarceration.
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At enforcement of fine or fee | Not provided for | Determined by judge after hearing | Yes |
N/A |
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Nebraska | Neb. Rev. Stat. § 29-2262(2)(m) | Probation; conditions |
(2) The court may, as a condition of a sentence of probation, require the offender: offender assessment screens, and rehabilitative services required in the identification, evaluation, and treatment of offenders if such offender has the financial ability to pay for such services;
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
N/A |
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Nebraska | Neb. Rev. Stat. § 29-2208(1)-(2),(4) | Fines or costs; person financially unable to pay; hearing; determination; court or magistrate; powers; order; operate as release |
(1) A person who has been ordered to pay fines or costs and who has not been arrested or brought into custody as described in subdivision (1)(a) of section 29-2412 but who believes himself or herself to be financially unable to pay such fines or costs may request a hearing to determine such person's financial ability to pay such fines or costs. The hearing shall be scheduled on the first regularly scheduled court date following the date of the request. Pending the hearing, the person shall not be arrested or brought into custody for failure to pay such fines or costs or failure to appear before a court or magistrate on the due date of such fines or costs.
(2) At the hearing, the person shall have the opportunity to present information as to his or her income, assets, debts, or other matters affecting his or her financial ability to pay. Following the hearing, the court or magistrate shall determine the person's financial ability to pay the fines or costs, including his or her financial ability to pay in installments as described in section 29-2206. (4) If the court or magistrate determines that the person is financially unable to pay the fines or costs, the court or magistrate: (a) Shall either: (i) Enter an order pursuant to subsection (5) of this section discharging the person of such fines or costs; or (ii) If the person is subject to an order to pay installments pursuant to section 29-2206, the court or magistrate shall either enter an order pursuant to subsection (5) of this section discharging the person of such obligation or make any necessary modifications to the order specifying the terms of the installment payments as justice may require and that will enable the person to pay the fines or costs; and (b) May order the person to complete community service for a specified number of hours pursuant to sections 29-2277 to 29-2279. |
All |
Not provided for |
At enforcement of fine or fee | Not provided for | Determined by judge after hearing | No |
Waive fines or costs; discharge person of installment order to pay fines or costs; make any necessary modifications to the order specifying the terms of the installment payments as justice may require and that will enable the person to pay the fines or costs; order the person to complete community service.
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Nebraska | Neb. Rev. Stat. § 29-2262(2)(o) | Probation; conditions |
(2) The court may, as a condition of a sentence of probation, require the offender: cost of such device or system if the offender has the financial ability;
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
N/A |
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Nebraska | Neb. Rev. Stat. § 29-2262.06(1),(4)-(6) | Fees; waiver; when; failure to pay; effect |
a one-time administrative enrollment fee and thereafter a monthly probation programming fee.
(4) The court shall waive payment of the monthly probation programming fees in whole or in part if after a hearing a determination is made that such payment would constitute an undue hardship on the offender due to limited income, employment or school status, or physical or mental handicap. Such waiver shall be in effect only during the period of time that the probationer or participant in a non-probation-based program or service is unable to pay his or her monthly probation programming fee. (5) If a probationer defaults in the payment of monthly probation programming fees or any installment thereof, the court may revoke his or her probation for nonpayment, except that probation shall not be revoked nor shall the offender be imprisoned for such nonpayment if the probationer is financially unable to make the payment, if he or she so states to the court in writing under oath, and if the court so finds after a hearing. (6) If the court determines that the default in payment described in subsection (5) of this section was not attributable to a deliberate refusal to obey the order of the court or to failure on the probationer's part to make a good faith effort to obtain the funds required for payment, the court may enter an order allowing the probationer additional time for payment, reducing the amount of each installment, or revoking the fees or the unpaid portion in whole or in part. |
All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | No |
Fee waiver; allowing the probationer additional time for payment; reducing the amount of each installment; revoking the fees or the unpaid portion in whole or in part |
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Nebraska | Neb. Rev. Stat. § 29-3902 | Indigent defendant; right to counsel |
At a felony defendant's first appearance before a court, the court shall advise him or her of the right to court-appointed counsel if he or she is indigent. If he or she asserts indigency, the court shall make a reasonable inquiry to determine his or her financial condition and may require him or her to execute an affidavit of indigency. If the court determines him or her to be indigent, it shall formally appoint the public defender to represent him or her in all proceedings before the court and shall make a notation of such appointment and appearances of the public defender upon the felony complaint. The same procedure shall be followed by the court in misdemeanor cases punishable by imprisonment.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Formally appoint the public defender to represent him or her in all proceedings before the court |
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Nebraska | Neb. Rev. Stat. § 29-3906 | Misdemeanor defendant; indigent; counties with no public defender; court-appointed counsel; compensation |
In counties not having public defenders, the court may appoint an attorney licensed to practice law in this state to represent any indigent person who is charged with a misdemeanor offense punishable by imprisonment. When such a defendant asserts indigency, the court shall make a reasonable inquiry to determine the defendant's financial condition and may require him or her to execute an affidavit of indigency. Attorneys appointed pursuant to this section shall be compensated in the manner provided by section 29-3905 with application being made to the appointing court.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Court appoints an attorney licensed to practice law in this state to represent any indigent person who is charged with a misdemeanor offense punishable by imprisonment |
The Criminal Justice Debt Reform Builder is a project of the National Criminal Justice Debt Initiative of the Criminal Justice Policy Program at Harvard Law School in collaboration with the Berkman Klein Center for Internet & Society at Harvard University and with user experience design by metaLAB (at) Harvard.
For more information, please visit cjpp.law.harvard.edu.