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. § 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. § 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. § 488.65 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. § 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.