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)
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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.
54 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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Missouri | Mo. Ann. Stat. § 557.011 | Authorized dispositions |
In the event a sentence of confinement is ordered executed, a court may order that an individual serve all or any portion of such sentence on electronic monitoring; except that all costs associated with the electronic monitoring shall be charged to the person on house arrest. If the judge finds the person unable to afford the costs associated with electronic monitoring, the judge may order that the person be placed on house arrest with electronic monitoring if the county commission agrees to pay the costs of such monitoring. If the person on house arrest is unable to afford the costs associated with electronic monitoring and the county commission does not agree to pay from the general revenue of the county the costs of such electronic monitoring, the judge shall not order that the person be placed on house arrest with electronic monitoring.
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Unable to afford costs |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Payment by county |
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Missouri | Mo. Ann. Stat. § 559.021(6) | Conditions of probation--compensation of victims--free work, public or charitable--defendant not an employee for workers’ compensation purposes--payment to county restitution fund, when |
A defendant who fails to make a payment to a county law enforcement restitution fund may not have his or her probation revoked solely for failing to make such payment unless the judge, after evidentiary hearing, makes a finding supported by a preponderance of the evidence that the defendant either willfully refused to make the payment or that the defendant willfully, intentionally, and purposefully failed to make sufficient bona fide efforts to acquire the resources to pay.
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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 |
Probation not revoked |
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Missouri | Mo. Ann. Stat. § 479.260(1) | Court costs and fees, judicial education fund, purpose, administration |
Municipalities by ordinance may provide for fees in an amount per case to be set pursuant to sections 488.010 to 488.020 for each municipal ordinance violation case filed before a municipal judge, and in the event a defendant pleads guilty or is found guilty, the judge may assess costs against the defendant except in those cases where the defendant is found by the judge to be indigent and unable to pay the costs.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
Fees not assessed. |
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Missouri | Mo. Ann. Stat. § 600.090(1) | Determination of ability to pay all or part of representation costs--lien for reasonable value of services, procedure--deposit of funds collected |
If a person is determined to be eligible for the services provided by the state public defender system and if, at the time such determination is made, he is able to provide a limited cash contribution toward the cost of his representation without imposing a substantial hardship upon himself or his dependents, such contribution shall be required as a condition of his representation by the state public defender system.
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All |
Able to provide limited cash contribution without imposing substantial hardship upon himself or his dependents. |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
Payment of total costs of representation |
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Missouri | Mo. Ann. Stat. § 558.008 | Revocation of a fine |
A defendant who has been sentenced to pay a fine may at any time petition the sentencing court for a revocation of a fine or any unpaid portion thereof. If it appears to the satisfaction of the court that the circumstances which warranted the imposition of the fine no longer exist or that it would otherwise be unjust to require payment of the fine, the court may revoke the fine or the unpaid portion in whole or in part or may modify the method of payment.
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All |
Unjust to require payment |
At defendant's request at enforcement | Not provided for | Not provided for | No |
Revocation of fine |
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Missouri | Mo. Rev. Stat. § 479.260(2) | Court costs and fees, judicial education fund, purpose, administration |
In municipal ordinance violation cases which are filed in the associate circuit division of the circuit court, fees shall be assessed in each case in an amount to be set pursuant to sections 488.010 to 488.020. In the event a defendant pleads guilty or is found guilty, the judge shall assess costs against the defendant except in those cases where the defendant is found by the judge to be indigent and unable to pay the costs.
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All |
Indigent and unable to pay the costs |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Costs not assessed. |
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Missouri | Mo. Ann. Stat. § 558.004(1) | Imposition of fines |
In determining the amount and the method of payment of a fine, the court shall, insofar as practicable, proportion the fine to the burden that payment will impose in view of the financial resources of an individual. The court shall not sentence an offender to pay a fine in any amount which will prevent him or her from making restitution or reparation to the victim of the offense.
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All |
Financial resources and burden caused by fine. |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Fine proportional to defendant's resources |
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Missouri | Mo. Ann. Stat. § 600.086(3),(6) | Eligibility for representation, rules to establish--indigency, how determined, procedure, appeal--false statements, penalty--investigation authorized |
3. The determination of indigency of any person seeking the services of the state public defender system shall be made by the defender or anyone serving under him at any stage of the proceedings. Upon motion by either party, the court in which the case is pending shall have authority to determine whether the services of the public defender may be utilized by the defendant. Upon the courts finding that the defendant is not indigent, the public defender shall no longer represent the defendant. Any such person claiming indigency shall file with the court an affidavit which shall contain the factual information required by the commission under rules which may be established by the commission in determining indigency.
6. The burden shall lie on the accused or the defendant to convince the defender or the court of his eligibility to receive legal services, in any conference, hearing or question thereon. |
All |
Indigent |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge without hearing | No |
Representation by public defender |
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Missouri | Mo. Ann. Stat. § 488.020 | Collection of court costs, when, how |
Upon notification to the party from whom the fee is due, a failure to pay the fee after such notice, and a showing of the party's ability to pay the fee, the court may hold the party in contempt.
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All |
Not provided for |
At enforcement of fine or fee | Not provided for | Not provided for | No |
N/A |
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Missouri | Mo. Ann. Stat. § 488.65 | Expungement cases under section 610.140, surcharge, amount, waiver |
There shall be assessed as costs a surcharge in the amount of two hundred fifty dollars on all petitions for expungement filed under the provisions of section 610.140. The judge may waive the surcharge if the petitioner is found by the judge to be indigent and unable to pay the costs.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Surcharge waiver |
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Missouri | Mo. Ann. Stat. § 549.525(1)-(2)(1),(6) | Probation services for ordinance violators, certain cities--collection of fee for supervision and rehabilitation services provided--exemption |
1. Any city with a population of more than three hundred fifty thousand inhabitants which is located in more than one county which provides probation services for persons convicted of its ordinance violations may collect from the person placed on probation a fee of ten dollars per month for providing supervision and rehabilitation services.
2. The court may exempt a person from all or part of the contribution required in subsection 1 of this section if it finds any of the following factors exist: (1) The offender has diligently attempted, but has been unable, to obtain employment which provides him sufficient income to make such payments; . . . (6) There are other extenuating circumstances as determined by the court to exempt or partially reduce such payments; |
All | Not provided for | Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Exempt or partially reduce such payments. |
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Missouri | Mo. Ann. Stat. § 546.54 | Confinement of insane persons, costs paid, how |
The sheriff or other officer having the custody of persons committed to the director of the department of mental health as provided in section 552.040 shall, if he deems it necessary to their safe custody, confine them to the county jail until they shall be removed to a state hospital. If all things needful be not otherwise supplied, he shall furnish them, and, in such cases, the supplies for the indigent shall be paid for by the proper county commissions out of the county treasuries; and supplies for others than the indigent shall be repaid out of their estates, and may be recovered by suit in the name of such officer.
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All |
Indigent |
Not provided for | Not provided for | Not provided for | No |
Supplies paid for by the proper county commissions. |
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Missouri | Mo. Ann. Stat. § 550.03 | County to pay costs, when |
When the defendant is sentenced to imprisonment in the county jail, or to pay a fine, or both, and is unable to pay the costs, the county in which the indictment was found or information filed shall pay the costs, except such as were incurred on the part of the defendant.
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All |
Not provided for |
Not provided for | Not provided for | Not provided for | No |
County in which the indictment was found or information filed shall pay the costs |
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Missouri | Mo. Ann. Stat. § 550.02(1) | State to pay certain costs |
cIn all capital cases in which the defendant shall be convicted, and in all cases in which the defendant shall be sentenced to imprisonment in the penitentiary, and in cases where such person is convicted of an offense punishable solely by imprisonment in the penitentiary and is sentenced to imprisonment in the county jail, workhouse or reform school because such person is under the age of eighteen years, the state shall pay the costs, if the defendant shall be unable to pay them, except costs incurred on behalf of defendant.
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All |
Not provided for |
Not provided for | Not provided for | Not provided for | No |
State shall pay the costs |
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Missouri | Mo. Ann. Stat. § 559.604 | Cost of misdemeanor probation to be paid by offenders, exceptions |
Neither the state of Missouri nor any county of the state shall be required to pay any part of the cost of probation and rehabilitation services provided to misdemeanor offenders under sections 559.600 to 559.615. The person placed on probation shall contribute not less than thirty dollars or more than fifty dollars per month to the private entity providing him or her with supervision and rehabilitation services. The amount of the contribution shall be determined by the sentencing court. The court may exempt a person from all or part of the foregoing contribution if it finds any of the following factors to exist: (1) The offender has diligently attempted, but has been unable, to obtain employment which provides him or her sufficient income to make such payments; . . . (6) There are other extenuating circumstances as determined by the court to exempt or partially reduce such payments;
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All |
Unable to obtain employment which provides him or her sufficient income to make such payments; other extenuating circumstances. |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Exempt a person from all or part of payment. |
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Montana | Mont. Code Ann. § 3-1-317(2) | User surcharge for court information technology -- exception |
If a court determines that a defendant in a criminal case or determines pursuant to 25-10-404 that a party in a civil case is unable to pay the surcharge, the + See morecourt may waive payment of the surcharge imposed by this section.
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All | Not provided for | Not provided for | Not provided for | Not provided for | No |
Waive surcharge |
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Montana | Mont. Code Ann. § 3-1-318(2) | Surcharges upon certain criminal convictions -- exception |
A court may not waive payment of the surcharge unless the court determines that the defendant is unable to pay the surcharge. Inability to pay must be supported by a + See moresworn statement from the defendant demonstrating financial inability to pay without substantial hardship in providing for personal or family necessities. The statement is not admissible in the proceeding unless offered for impeachment purposes and is not admissible in a subsequent prosecution for perjury or false swearing.
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All |
Financial inability to pay without substantial hardship in providing for personal or family necessities |
Not provided for | Burden on defendant to show inability to pay | Not provided for | No |
Waive surcharge |
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Montana | Mont. Code Ann. § 45-6-101(2) | Criminal Mischief |
A person convicted of criminal mischief must be ordered to make restitution in an amount and manner to be set by the court. The court shall determine the manner and + See moreamount of restitution after full consideration of the convicted person's ability to pay the restitution.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | No |
Determine amount of restitution accordingly. |
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Montana | Mont. Code Ann. § 45-6-101(2) | Criminal Mischief |
Upon good cause shown by the convicted person, the court may modify any previous order specifying the amount and manner of restitution. Full payment of the amount of restitution ordered + See moremust be made prior to the release of state jurisdiction over the person convicted
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All | Not provided for | At defendant's request at enforcement | Burden on defendant to show inability to pay | Not provided for | No |
Modify previous order specifying the amount and manner of restitution. |
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Montana | Mont. Code Ann. § 46-18-241(3) | Condition of Restitution |
If at any time the court finds that, because of circumstances beyond the offender's control, the offender is not able to pay any restitution, the court may order the offender + See moreto perform community service during the time that the offender is unable to pay. The offender must be given a credit against restitution due at the rate of the hours of community service times the state minimum wage in effect at the time that the community service is performed.
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All | Not provided for | Not provided for | Not provided for | Not provided for | No |
Community service payable against restitution owed in amount equal to the minimum wage for each hour worked. |
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.