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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- Hawaii (14)
- Idaho (15)
- Illinois (23)
- Indiana (15)
- Iowa (12)
- Kansas (6)
- Kentucky (17)
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- 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)
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- Pennsylvania (6)
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- 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.
48 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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All |
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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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 |
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.