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	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 + See more 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.	All	Unable to afford costs	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Payment by county
Add to Dashboard + Create New	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 + See more 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.	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
Add to Dashboard + Create New	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 + See more 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.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Fees not assessed.
Add to Dashboard + Create New	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 + See more 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.	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
Add to Dashboard + Create New	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 + See more 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.	All	Unjust to require payment	At defendant's request at enforcement	Not provided for	Not provided for	No	Revocation of fine
Add to Dashboard + Create New	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 + See more 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.	All	Indigent and unable to pay the costs	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Costs not assessed.
Add to Dashboard + Create New	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 + See more 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.	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
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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 + See more fee, the court may hold the party in contempt.	All	Not provided for	At enforcement of fine or fee	Not provided for	Not provided for	No	N/A
Add to Dashboard + Create New	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 + See more may waive the surcharge if the petitioner is found by the judge to be indigent and unable to pay the costs.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Surcharge waiver
Add to Dashboard + Create New	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 + See more 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.
Add to Dashboard + Create New	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 + See more 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.	All	Indigent	Not provided for	Not provided for	Not provided for	No	Supplies paid for by the proper county commissions.
Add to Dashboard + Create New	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 + See more indictment was found or information filed shall pay the costs, except such as were incurred on the part of the defendant.	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
Add to Dashboard + Create New	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 + See more 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.	All	Not provided for	Not provided for	Not provided for	Not provided for	No	State shall pay the costs
Add to Dashboard + Create New	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 + See more 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;	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.
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-20-6	Conditions of order deferring or suspending sentence	The defendant upon conviction shall be required to pay the actual costs of the defendant’s supervised probation service to the adult probation and parole division of the corrections department or + See more appropriate responsible agency for deposit to the corrections department intensive supervision fund not exceeding one thousand eight hundred dollars ($1,800) annually to be paid in monthly installments of not less than twenty-five dollars ($25.00) and not more than one hundred fifty dollars ($150), as set by the appropriate district supervisor of the adult probation and parole division, based upon the financial circumstances of the defendant. The defendant’s payment of the supervised probation costs shall not be waived unless the court holds an evidentiary hearing and finds that the defendant is unable to pay the costs. If the court waives the defendant’s payment of the supervised probation costs and the defendant’s financial circumstances subsequently change so that the defendant is able to pay the costs, the appropriate district supervisor of the adult probation and parole division shall advise the court and the court shall hold an evidentiary hearing to determine whether the waiver should be rescinded.	All	Not provided for	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	No	Fee waiver
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-16-7	Recovery from defendant	A. The district attorney may, on behalf of the state, recover payment or reimbursement, as the case may be, from each person who has received legal assistance or another benefit + See more under the Indigent Defense Act: (1) to which he was not entitled; (2) with respect to which he was not a needy person when he received it; or (3) with respect to which he has failed to make the certificate required by Section 62 B of the Indigent Defense Act and for which he refuses to pay. Suit must be brought within six years after the date on which the aid was received. B. The district attorney may, on behalf of the state, recover payment or reimbursement, as the case may be, from each person other than a person covered by SMayubsection A who has received legal assistance under the Indigent Defense Act and who, on the date on which suit is brought, is financially able to pay or reimburse the state for it according to the standards of ability to pay applicable under the Indigent Defense Act but refuses to do so. Suit must be brought within three years after the date on which the benefit was received.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	No	May not recover payment or reimbursement.
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-12-3(D)	Paying fines, fees, or costs in installments	If it appears that a defendant's default in the payment of a fine, fees or costs is not contumacious, the court may allow the defendant additional time for payment, reduce + See more the amount of the fine or of each installment, revoke the fine or the unpaid portion in whole or in part or require the defendant to perform community service in lieu of the fine, fees or costs.	All	Default not "contumacious"	At enforcement of fine or fee	Not provided for	Determined by judge without hearing	No	Additional time for payment, reduce the amount of the fine or of each installment, revoke the fine or the unpaid portion in whole or in part, or require the defendant to + See more perform community service in lieu payment.
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-12-3(A)	Paying fines, fees, or costs in installments	Any person sentenced to pay a fine or to pay fees and costs in any criminal proceeding against him, either in addition to or without a term of imprisonment, may + See more in the discretion of the court be allowed to pay such fine, fees or costs in installments of such amounts, at such times and upon such conditions as the court may fix. The defendant may also be required to serve a period of time in labor to be known as “community service” in lieu of all or part of the fine. If unable to pay the fees or costs, he may be granted permission to perform community service in lieu of them as well . . .	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Community service in lieu of payment.
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-16-5(B)-(C)	Determination of indigency	B. In determining whether a person is a needy person and the extent of his inability to pay, the court concerned may consider such factors as income, property owned, outstanding obligations + See more and the number and ages of his dependents. Release on bail does not necessarily prevent him from being a needy person. In each case, the person shall, subject to the penalties for perjury, certify in writing or by other record material factors relating to his ability to pay as the court prescribes. C. To the extent that a person covered by Section 60 [31-16-3 NMSA 1978] of the Indigent Defense Act is able to provide for an attorney, the other necessary services and facilities of representation and court costs, the court may order him to provide for their payment.	All	Factors considered: income, property owned, outstanding obligations and number and age of dependents	Not provided for	Not provided for	Determined by judge without hearing	Yes	Representation provided without costs

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