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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See all ability to pay policy recommendations in CJPP’s Policy Guide
State
- Alabama (12)
- Alaska (8)
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- California (90)
- Colorado (29)
- Connecticut (19)
- Delaware (4)
- Florida (36)
- Georgia (14)
- Hawaii (14)
- Idaho (15)
- Illinois (23)
- Indiana (15)
- Iowa (12)
- Kansas (6)
- Kentucky (17)
- Louisiana (10)
- Maine (9)
- Maryland (3)
- Massachusetts (39)
- Michigan (17)
- Minnesota (14)
- (-) Mississippi (8)
- Missouri (15)
- Montana (29)
- Nebraska (14)
- Nevada (7)
- New Hampshire (29)
- New Jersey (9)
- New Mexico (14)
- New York (8)
- North Carolina (14)
- North Dakota (14)
- Ohio (32)
- Oklahoma (10)
- Oregon (13)
- Pennsylvania (6)
- Rhode Island (3)
- South Carolina (17)
- South Dakota (10)
- Tennessee (11)
- (-) Texas (17)
- Utah (5)
- Vermont (9)
- (-) Virginia (10)
- 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.
35 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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Texas | Tex. Code Crim. Proc. Art. 37.073 | Repayment of Rewards |
(a) After a defendant has been convicted of a felony offense, the judge may order a defendant to pay a fine repaying all or part of a reward paid by a crime stoppers organization.
(b) In determining whether the defendant must repay the reward or part of the reward, the court shall consider: (1) the ability of the defendant to make the payment and the financial hardship on the defendant to make the required payment; and (2) the importance of the information to the prosecution of the defendant as provided by the arresting officer or the attorney for the state with due regard for the confidentiality of the crime stoppers organization records. |
Felony |
Not provided for |
Before imposition of fine or fee | Not provided for | Other | Yes |
Nonpayment or partial payment/ |
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Texas | Tex. Code Crim. Proc. Art. 42A.452 | Treatment, Specialized Supervision, or Rehabilitation |
On a finding that the defendant is financially able to make payment, the judge shall require the defendant to pay a reimbursement fee for all or part of the reasonable and necessary costs of the treatment, supervision, or rehabilitation.
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Felony |
Not provided for |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
None specified |
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Texas | Tex. Code Crim. Proc. Art. 42A.408(f) | Use of Ignition Interlock Device |
If the court determines the defendant is unable to pay for the ignition interlock device, the court may impose a reasonable payment schedule not to exceed twice the length of the period of the court’s order.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Not provided for | No |
Reasonable payment schedule |
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Texas | Tex. Code Crim. Proc. Art. 42A.303(f) | Substance Abuse Felony Program |
In establishing the amount of a fee under Subsection (d)(2), the judge shall consider fines, fees, and other necessary expenses for which the defendant is obligated. The judge may not: (1) establish the fee in an amount that is greater than 25 percent of the defendant's gross income while the defendant is a participant in residential aftercare; or (2) require the defendant to pay the fee at any time other than a time at which the defendant is both employed and a participant in residential aftercare.
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All |
N/A |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
N/A |
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Texas | Tex. Code Crim. Proc. Art. 102.020(j) | Costs Related to DNA Testing [Repealed Effective January 1, 2020] |
The court may waive the imposition of a court cost under this article if the court determines that the defendant is indigent and unable to pay the cost. |
All |
Indigent and unable to pay the cost |
Before imposition of fine or fee | Not provided for | Not provided for | No |
Not provided for |
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Texas | Tex. Code Crim. Proc. Art. 102.018(b) | Reimbursement Fees and Expenses Attendant to Intoxication Convictions |
Except as provided by Subsection (d), on conviction of an offense relating to the driving or operating of a motor vehicle punishable under Section 49.04(b), Penal Code, the court shall impose as a reimbursement fee on the defendant an amount that is equal to the reimbursement fee of an evaluation of the defendant performed under Article 42A.402(a). Reimbursement fees imposed under this subsection are in addition to other court costs and are due whether or not the defendant is granted community supervision in the case, except that if the court determines that the defendant is indigent and unable to pay the fee, the court may waive the imposition of the fee
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Not provided for | No |
Fee waiver |
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Texas | Tex. Code Crim. Proc. Art. 43.03(c) | Payment of Fine |
A court may not order a defendant confined under Subsection (a) of this article unless the court at a hearing makes a written determination that:(1) the defendant is not indigent and has failed to make a good faith effort to discharge the fines and costs; or (2) the defendant is indigent and: (A) has failed to make a good faith effort to discharge the fines and costs under Article 43.09(f); and (B) could have discharged the fines and costs under Article 43.09 without experiencing any undue hardship.
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All |
For the purpose of establishing a right to representation by counsel, “indigent” means a person who is not financially able to employ counsel: Tex. Code Crim. Proc. art. 1.051. |
At enforcement of fine or fee | Not provided for | Determined by judge after hearing | Yes |
None specified |
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Texas | Tex. Code Crim. Proc. Art. 42A.751(i) | Violation of Conditions of Community Supervision; Detention and Hearing |
(i) In a revocation hearing at which it is alleged only that the defendant violated the conditions of community supervision by failing to pay compensation paid to appointed counsel, community supervision fees, or court costs, the state must prove by a preponderance of the evidence that the defendant was able to pay and did not pay as ordered by the judge.
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All |
Not provided for |
At enforcement of fine or fee | Burden on government to show ability to pay | Determined by judge after hearing | Yes |
None specified |
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Texas | Tex. Code Crim. Proc. Art. 26.05(g) | Compensation of Counsel Appointed to Defend |
If the judge determines that a defendant has financial resources that enable the defendant to offset in part or in whole the costs of the legal services provided to the defendant in accordance with Article 1.051(c) or (d), including any expenses and costs, the judge shall order the defendant to pay during the pendency of the charges or, if convicted, as a reimbursement fee the amount that the judge finds the defendant is able to pay.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
Pay only attorney fee that defendant can afford to pay. |
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Texas | Tex. Code Crim. Proc. art. 42.038(c)-(d) | Reimbursement for Confinement Expenses |
(c) A judge may not require reimbursement under this article if the judge determines the defendant is indigent based on the defendant’s sworn statement or affidavit filed with the court. A court that requires reimbursement under this article may require the defendant to reimburse the county only for those days the defendant is confined after the date of conviction or on which a plea of guilty or nolo contendere was entered. The court may not require a defendant to reimburse the county for those days the defendant was confined after arrest and before the date of conviction or on which the plea of guilty or nolo contendere was entered.
(d) The court, in determining whether to order reimbursement under this article, shall consider: (1) the defendant’s employment status, earning ability, and financial resources; and (2) any other special circumstances that may affect the defendant’s ability to pay, including child support obligations and including any financial responsibilities owed by the defendant to dependents or restitution payments owed by the defendant to a victim. |
Misdemeanor |
The defendant’s employment status, earning ability, and financial resources; and any other special circumstances that may affect the defendant’s ability to pay, including child support obligations and including any financial responsibilities owed by the defendant to dependents or restitution payments owed by the defendant to a victim.
|
Before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge without hearing | No |
May not require reimbursement. |
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Texas | Tex. Code Crim. Proc. Art. 42A.652(b) | Monthly Reimbursement Fee |
The judge may make payment of the monthly reimbursement fee a condition of granting or continuing the community supervision. The judge may waive or reduce the reimbursement fee or suspend a monthly payment of the fee if the judge determines that payment of the reimbursement fee would cause the defendant a significant financial hardship.
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All |
"significant financial hardship" |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Waive or reduce the reimbursement fee or suspend a monthly payment of the fee |
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Texas | Tex. Code Crim. Proc. Art. 42.037(h) | Restitution |
(h) If a defendant is placed on community supervision or is paroled or released on mandatory supervision, the court or the parole panel shall order the payment of restitution ordered under this article as a condition of community supervision, parole, or mandatory supervision. The court may revoke community supervision and the parole panel may revoke parole or mandatory supervision if the defendant fails to comply with the order. In determining whether to revoke community supervision, parole, or mandatory supervision, the court or parole panel shall consider:
(1) the defendant’s employment status; (2) the defendant’s current and future earning ability; (3) the defendant’s current and future financial resources; (4) the willfulness of the defendant’s failure to pay; (5) any other special circumstances that may affect the defendant’s ability to pay; and (6) the victim’s financial resources or ability to pay expenses incurred by the victim as a result of the offense. |
All |
Consideration of the defendant’s employment status; the defendant’s current and future earning ability; the defendant’s current and future financial resources; the willfulness of the defendant’s failure to pay; any other special circumstances that may affect the defendant’s ability to pay; and the victim’s financial resources or ability to pay expenses incurred by the victim as a result of the offense.
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At enforcement of fine or fee | Not provided for | Not provided for | No |
Will not revoke community supervision, parole, or mandatory supervision for failure to pay restitution as a condition. |
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.