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
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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

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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

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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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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

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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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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

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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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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

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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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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

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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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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

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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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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

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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.

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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

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fee, the court may hold the party in contempt.

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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

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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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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

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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

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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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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

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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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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

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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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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

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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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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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Rhode Island R.I. Gen. Laws. Ann. § 12-20-10(b) Remission of costs -- Prohibition against remitting restitution to victims of crime -- Ability to pay -- Indigency

(b)  For purposes of §§ 12-18.1-3(d), 12-21-20, 12-25-28(b), 21-28-4.01(c)(3)(iv) and 21-28-4.17.1, the following conditions shall be prima facie evidence of the defendant's indigency and limited ability to pay:

(1)  Qualification for and/or receipt of any of the following benefits

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or services by the defendant: (i)  temporary assistance to needy families (ii)  social security including supplemental security income and state supplemental payments program; (iii)  public assistance (iv)  disability insurance; or (v)  food stamps

(2)  Despite the defendant's good faith efforts to pay, outstanding court orders for payment in the amount of one-hundred dollars ($ 100) or more for any of the following: (i)  restitution payments to the victims of crime; (ii)  child support payments; or (iii)  payments for any counseling required as a condition of the sentence imposed including, but not limited to, substance abuse, mental health, and domestic violence.

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Indigency; Qualification for and/or receipt of temporary assistance to needy families, social security including supplemental security income and state supplemental payments program, public assistance, disability insurance; or food stamps; outstanding court orders for

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payment in the amount of one-hundred dollars ($ 100) or more for restitution payments to the victims of crime, child support payments; or payments for any counseling required as a condition of the sentence imposed including, but not limited to, substance abuse, mental health, and domestic violence.

Not provided for Not provided for Not provided for Yes

N/A

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Rhode Island R.I. Gen. Laws. Ann. § 12-21-20 Order to pay costs and determination of ability to pay

(a) If, upon any complaint or prosecution before any court, the defendant shall be ordered to pay a fine, enter into a recognizance or suffer any penalty or forfeiture, he or

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she shall also be ordered to pay all costs of prosecution, unless directed otherwise by law.

(b) In superior court, the judge shall make a preliminary assessment of the defendant's ability to pay immediately after sentencing by use of the procedures specified in this section.

(c) In district court, the judge shall make a preliminary assessment of the defendant's ability to pay immediately after sentencing or nearly thereafter as practicable by use of the procedures specified in this section.

(d) The defendant's ability to pay and payment schedule shall be determined by use of standardized procedures including a financial assessment instrument. The financial assessment instrument shall be: (1) based upon sound and generally accepted accounting principles; (2) completed based on a personal interview of the defendant and includes any and all relevant information relating to the defendant's present ability to pay including, but not limited to, the information contained in § 12-20-10; and (3) made by the defendant under oath.

(e) The financial instrument may, from time to time and after hearing, be modified by the court.

(f) When persons come before the court for failure to pay fines, fees, assessments and other costs of prosecution, or court ordered restitution, and their ability to pay and payment schedule has not been previously determined, the judge, the clerk of the court, or their designee shall make these determinations by use of the procedures specified in this section.

(g) Nothing in this section shall be construed to limit the court's ability, after hearing in open court, to revise findings about a person's ability to pay and payment schedule made by the clerk of the court or designee, based upon the receipt of newly available, relevant, or other information.

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Not provided for

Before imposition of fine or fee Not provided for Determined by judge without hearing No

N/A

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Rhode Island R.I. Gen. Laws. Ann. § 12-19-32 Restitution

In addition to or in lieu of any non-mandatory sanction imposed as part of a sentence or as a condition of probation, a judge at the time of sentencing may

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order restitution which may be in the form of monetary payment or some type of community restitution. Provided, that any person sentenced to a period of incarceration at the adult correctional institutions shall be ineligible to participate in those programs established pursuant to chapter 8 of title 13, sections 42-56-20.2, 42-56-20.3 or 42-56-21, unless and until the restitution has been paid in full, or satisfactory arrangements have been made with the court if the person has the ability to pay. 

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Not provided for

Not provided for Not provided for Not provided for No

Able to participate in programs without satisfying restitution payments.

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Utah Utah R. Crim. P. 15 Expert Witnesses
Upon showing that a defendant is financially unable to pay the fees of an expert whose services are necessary for adequate defense, the witness fee shall be paid as if
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he were called on behalf of the prosecution.
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unable to pay fees

Before imposition of fine or fee Burden on defendant to show inability to pay Not provided for No

costs covered by state

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Utah Utah Code Ann. § 76-5-502  Request for testing--Mandatory testing--Liability for costs the alleged offender who is tested is responsible upon conviction for the costs of testing, unless the alleged offender is indigent.  All

indigent

Not provided for Not provided for Not provided for Yes

costs covered by state