Ability to Pay

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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.

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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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 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
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must be made prior to the release of state jurisdiction over the person convicted
 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. § 46-18-111 Presentence investigation--when required
The defendant shall pay to the department of corrections a $50 fee at the time that the report is completed, unless the court determines that the defendant is not able
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to pay the fee within a reasonable time.
 All Not provided for Not provided for Not provided for Not provided for Yes

Waive or reduce fee
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 Montana Mont. Code Ann. § 46-18-111 Presentence investigation--when required
The psychosexual evaluation must be made available to the county attorney's office, the defense attorney, the probation and parole officer, and the sentencing judge. All costs related to the evaluation
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must be paid by the defendant. If the defendant is determined by the district court to be indigent, all costs related to the evaluation are the responsibility of the district court and must be paid by the county or the state, or both, under Title 3, chapter 5, part 9. The district court may order subsequent psychosexual evaluations at the request of the county attorney. The requestor of any subsequent psychosexual evaluations is responsible for the cost of the evaluation.
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Indigency

 Not provided for Not provided for Not provided for Yes

Waive or reduce fee
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 North Dakota N.D. Cent. Code § 12.1-32-08(4)(b) Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation
A defendant who is required to reimburse indigent defense costs and expenses as a condition of probation and who is not willfully in default in that reimbursement may at any
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time petition the court that imposed the condition to waive reimbursement of all or any portion of the costs and expenses. If the court is satisfied that reimbursement of the amount due will impose undue hardship on the defendant or the defendant's immediate family, the court may waive reimbursement of all or any portion of the amount due or modify the method of payment.
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the amount due will impose undue hardship on the defendant or the defendant's immediate family

 At defendant's request at enforcement Burden on defendant to show inability to pay Determined by judge after hearing No

waived

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