Data Explorer: Ability to pay | 50 State Criminal Justice Debt Tool

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
Add to Dashboard + Create New	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 more and the court so finds	All	Not provided for	At defendant's request at enforcement	Burden on defendant to show inability to pay	Other	Yes	work for the county
Add to Dashboard + Create New	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 more indigent.	Felony	indigence	Not provided for	Not provided for	Not provided for	No	community service
Add to Dashboard + Create New	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 more and court-ordered drug testing of indigent offenders.	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
Add to Dashboard + Create New	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 more days.	Misdemeanor	inability to pay	At defendant's request at enforcement	Not provided for	Not provided for	Yes	hardship waiver
Add to Dashboard + Create New	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
Add to Dashboard + Create New	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
Add to Dashboard + Create New	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 more participation in the program would provide a benefit to his community.	Misdemeanor	extreme financial hardship	Not provided for	Not provided for	Not provided for	No	lower fee
Add to Dashboard + Create New	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 more of 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.	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
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § 15A-1368.4(f)	Conditions of post-release supervision	Required Supervision Fee.--The Commission shall require as a condition of post-release supervision that the supervisee pay a supervision fee of forty dollars ($40.00) per month. The Commission may exempt a + See more supervisee from this condition only if it finds that requiring payment of the fee is an undue economic burden.	All	Undue economic burden.	Before imposition of fine or fee	Not provided for	Administrative decision	No	Fee waiver.
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § 15A-1362(a)-(b)	Imposition of fines	(a)General Criteria.--In determining the method of payment of a fine, the court should consider the burden that payment will impose in view of the financial resources of the defendant. (b) Installment + See more or Delayed Payments.--When a defendant is ordered to pay a fine, the court may provide for the payment to be made within a specified period of time or in specified installments. If no such provision is made a part of the sentence, the fine is payable forthwith.	All	Burden that payment will impose in view of the financial resources of the defendant	At enforcement of fine or fee	Not provided for	Not provided for	No	Installment or delayed payments.
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § 15A-1364(c)	Response to nonpayment	(c) Modification of Fine or Costs.--If it appears that the default in the payment of a fine or costs is not attributable to failure on the defendant's part to make + See more a good faith effort to obtain the necessary funds for payment, the court may enter an order: . . . (1) Allowing the defendant additional time for payment; or (2) Reducing the amount of the fine or costs or of each installment; or (3) Revoking the fine or costs or the unpaid portion in whole or in part.	All	Default in payment not attributable to failure on defendant's part to make good faith effort to obtain necessary funds	At enforcement of fine or fee	Not provided for	Not provided for	No	Modification, revocation of fine/fee, or payment plan.
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § 15A-1363	Remission of a fine or costs	A defendant who has been required to pay a fine or costs, including a requirement to pay fine or costs as a condition of probation, or a prosecutor, may at + See more any time petition the sentencing court for a remission or revocation of the fine or costs or any unpaid portion of it. If it appears to the satisfaction of the court that the circumstances which warranted the imposition of the fine or costs no longer exist, that it would otherwise be unjust to require payment, or that the proper administration of justice requires resolution of the case, the court may remit or revoke the fine or costs or the unpaid portion in whole or in part or may modify the method of payment.	All	Circumstances which warranted the imposition of the fine or costs no longer exist, that it would otherwise be unjust to require payment, or that the proper administration of justice requires + See more resolution of the case.	At defendant's request at enforcement	Burden on defendant to show inability to pay	Not provided for	No	Court may remit or revoke the fine or costs or the unpaid portion in whole or in part or may modify the method of payment
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § 15A-145.4(j)	Expunction of records for first offenders who are under 18 years of age at the time of the commission of a nonviolent felony	(j) A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred seventy-five dollars + See more ($175.00) at the time the petition is filed. Fees collected under this subsection are payable to the Administrative Office of the Courts. The clerk of superior court shall remit one hundred twenty-two dollars and fifty cents ($122.50) of each fee to the North Carolina Department of Public Safety for the costs of criminal record checks performed in connection with processing petitions for expunctions under this section. The remaining fifty-two dollars and fifty cents ($52.50) of each fee shall be retained by the Administrative Office of the Courts and used to pay the costs of processing petitions for expunctions under this section. This subsection does not apply to petitions filed by an indigent.	All	Indigent	Before imposition of fine or fee	Not provided for	Administrative decision	No	N/A
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § § 15A-145(e)	Expunction of records for first offenders under the age of 18 at the time of conviction of misdemeanor; expunction of certain other misdemeanors	A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred seventy-five dollars ($ + See more 175.00) at the time the petition is filed. Fees collected under this subsection are payable to the Administrative Office of the Courts. The clerk of superior court shall remit one hundred twenty-two dollars and fifty cents ($ 122.50) of each fee to the North Carolina Department of Public Safety for the costs of criminal record checks performed in connection with processing petitions for expunctions under this section. The remaining fifty-two dollars and fifty cents ($ 52.50) of each fee shall be retained by the Administrative Office of the Courts and used to pay the costs of processing petitions for expunctions under this section. This subsection does not apply to petitions filed by an indigent.	All	Indigent	Before imposition of fine or fee	Not provided for	Administrative decision	No	N/A
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § 15A-145.1(d)	Expunction of records for first offenders under the age of 18 at the time of conviction of certain gang offenses	A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred seventy-five dollars ($ + See more 175.00) at the time the petition is filed. Fees collected under this subsection are payable to the Administrative Office of the Courts. The clerk of superior court shall remit one hundred twenty-two dollars and fifty cents ($ 122.50) of each fee to the North Carolina Department of Public Safety for the costs of criminal record checks performed in connection with processing petitions for expunctions under this section. The remaining fifty-two dollars and fifty cents ($ 52.50) of each fee shall be retained by the Administrative Office of the Courts and used to pay the costs of processing petitions for expunctions under this section. This subsection does not apply to petitions filed by an indigent.	All	Indigent	Before imposition of fine or fee	Not provided for	Administrative decision	No	N/A
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § 15A-145.2(d)	Expunction of records for first offenders not over 21 years of age at the time of the offense of certain drug offenses	A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred seventy-five dollars ($ + See more 175.00) at the time the petition is filed. Fees collected under this subsection are payable to the Administrative Office of the Courts. The clerk of superior court shall remit one hundred twenty-two dollars and fifty cents ($ 122.50) of each fee to the North Carolina Department of Public Safety for the costs of criminal record checks performed in connection with processing petitions for expunctions under this section. The remaining fifty-two dollars and fifty cents ($ 52.50) of each fee shall be retained by the Administrative Office of the Courts and used to pay the costs of processing petitions for expunctions under this section. This subsection does not apply to petitions filed by an indigent.	All	Indigent	Before imposition of fine or fee	Not provided for	Administrative decision	No	N/A
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § 15A-145.3(d)	Expunction of records for first offenders not over 21 years of age at the time of the offense of certain toxic vapors offenses	A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred seventy-five dollars ($ + See more 175.00) at the time the petition is filed. Fees collected under this subsection are payable to the Administrative Office of the Courts. The clerk of superior court shall remit one hundred twenty-two dollars and fifty cents ($ 122.50) of each fee to the North Carolina Department of Public Safety for the costs of criminal record checks performed in connection with processing petitions for expunctions under this section. The remaining fifty-two dollars and fifty cents ($ 52.50) of each fee shall be retained by the Administrative Office of the Courts and used to pay the costs of processing petitions for expunctions under this section. This subsection does not apply to petitions filed by an indigent.	All	Indigent	Before imposition of fine or fee	Not provided for	Administrative decision	No	N/A
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § 7A-452(a)-(c1)	Source of counsel; fees; appellate records	(a) Upon the court's determination that a person is indigent and entitled to counsel under this Article, counsel shall be appointed in accordance with rules adopted by the Office of + See more Indigent Defense Services. In noncapital cases, the court shall assign counsel pursuant to rules adopted by the Office of Indigent Defense Services. In capital cases, the Office of Indigent Defense Services or designee of the Office of Indigent Defense Services shall assign counsel; at least one member of each capital defense team, where practicable, shall be a member of the bar in that division. In the courts of those counties which have a public defender, however, the public defender may tentatively assign himself or an assistant public defender to represent an indigent person, subject to subsequent determination of entitlement to counsel by the court and approval by the court in noncapital cases and by the Office of Indigent Defense Services in capital cases. (b) Fees of assigned counsel and salaries and other operating expenses of the offices of the public defenders shall be borne by the State. (c)(1) The clerk of superior court is authorized to make a determination of indigency and entitlement to counsel, as authorized by this Article. The word “court,” as it is used in this Article and in any rules pursuant to this Article, includes the clerk of superior court.	All	Indigent	Before imposition of fine or fee	Not provided for	Other	No	State pays counsel fees.
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann .§ 7A-450	Indigency; definition; entitlement; determination; change of status	(a) An indigent person is a person who is financially unable to secure legal representation and to provide all other necessary expenses of representation in an action or proceeding enumerated + See more in this Subchapter. An interpreter is a necessary expense as defined in Chapter 8B of the General Statutes for a deaf person who is entitled to counsel under this subsection. (b) Whenever a person, under the standards and procedures set out in this Subchapter, is determined to be an indigent person entitled to counsel, it is the responsibility of the State to provide him with counsel and the other necessary expenses of representation. The professional relationship of counsel so provided to the indigent person he represents is the same as if counsel had been privately retained by the indigent person. (b1) An indigent person indicted for murder may not be tried where the State is seeking the death penalty without an assistant counsel being appointed in a timely manner. If the indigent person is represented by the public defender's office, the requirement of an assistant counsel may be satisfied by the assignment to the case of an additional attorney from the public defender's staff. (c) The question of indigency may be determined or redetermined by the court at any stage of the action or proceeding at which an indigent is entitled to representation. (d) If, at any stage in the action or proceeding, a person previously determined to be indigent becomes financially able to secure legal representation and provide other necessary expenses of representation, he must inform the counsel appointed by the court to represent him of that fact. In such a case, that information is not included in the attorney client privilege, and counsel must promptly inform the court of that information.	All	Indigent	Before imposition of fine or fee	Not provided for	Other	No	State provides for counsel.
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § 7A-313.1	Fee for costs of electronic monitoring	A county that provides the personnel, equipment, and other costs of providing electronic monitoring as a condition of an offender's bond or pretrial release may collect a fee from the + See more offender that is the lesser of the amount of the jail fee authorized in G.S. 7A-313 or the actual cost of providing the electronic monitoring. A county may not collect a fee from an offender who is determined to be indigent and entitled to court-appointed counsel.	All	Indigent	Before imposition of fine or fee	Not provided for	Not provided for	No	Fee waiver

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