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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Montana Mont. Code Ann. § 46-18-236(2) Imposition of charge upon conviction or forfeiture--administration
If a convicting court determines under 46-18-231 and 46-18-232 that the person is not able to pay the fine and costs or that the person is unable to pay within
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a reasonable time, the court shall waive payment of the charge imposed by this section.
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As determined under Mont. Code Ann. § 46-18-231 and Mont. Code Ann. § 46-18-232

Before imposition of fine or fee Not provided for Not provided for Yes

Waive surcharge

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Montana Mont. Code Ann. § 46-18-241(3) Condition of Restitution
If at any time the court finds that, because of circumstances beyond the offender's control, the offender is not able to pay any restitution, the court may order the offender
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to perform community service during the time that the offender is unable to pay. The offender must be given a credit against restitution due at the rate of the hours of community service times the state minimum wage in effect at the time that the community service is performed.
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Not able to pay any restitution because of circumstances beyond the offender's control

Not provided for Not provided for Not provided for No

Community service payable against restitution owed in amount equal to the minimum wage for each hour worked.

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Montana Mont. Code Ann. § 46-23-1005(3) Misdemeanor probation offices--officers--costs The actual cost of probation supervision over the offender's sentence must be paid by the offender unless the offender can show that the offender is unable to pay those costs. Misdemeanor Not provided for Not provided for Burden on defendant to show inability to pay Not provided for Yes

Waive or reduce fee

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Montana Mont. Code Ann. § 46-23-1022 Parole services
The department may purchase necessary services for a parolee if they are otherwise unavailable and the parolee is unable to pay for them. It may assess all or part of
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the costs of such services to a parolee in accordance with the parolee's ability to pay for them.
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. § 46-23-1031(c) Supervisory fees
The court, department, or board may reduce or waive a fee required by subsection (1)(a) or (1)(b) or suspend the monthly payment of the supervisory fee if it determines that
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the payment would cause the person a significant financial hardship.
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. § 3-1-317(2) User Surcharge For Court Information Technology -- Exception If a court determines that a defendant in a criminal case...is unable to pay the surcharge, the court may waive payment of the surcharge imposed by this section. All Not provided for Not provided for Not provided for Not provided for No

Waiver

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Montana Mont. Code Ann. § 3-1-318(2) Surcharges Upon Certain Criminal Convictions -- Exception
A court may not waive payment of the surcharge unless the court determines that the defendant is unable to pay the surcharge. Inability to pay must be supported by a
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sworn statement from the defendant demonstrating financial inability to pay without substantial hardship in providing for personal or family necessities. 
All Not provided for Not provided for Burden on defendant to show inability to pay Not provided for No

Waiver

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Montana Mont. Code Ann. § 46-18-231(3) Fines in felony and misdemeanor cases
The sentencing judge may not sentence an offender to pay a fine unless the offender is or will be able to pay the fine. In determining the amount and method
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of payment, the sentencing judge shall take into account the nature of the crime committed, the financial resources of the offender, and the nature of the burden that payment of the fine will impose.
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

Determine amount of fine accordingly

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Montana Mont. Code Ann. § 46-18-232 Payment of costs by defendant
The court may not sentence a defendant to pay costs unless the defendant is or will be able to pay them. In determining the amount and method of payment of
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costs, the court shall take into account the financial resources of the defendant, the future ability of the defendant to pay costs, and the nature of the burden that payment of costs will impose. A defendant who has been sentenced to pay costs and who is not in default in the payment may at any time petition the court that sentenced the defendant for remission of the payment of costs or of any unpaid portion of the costs. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may remit all or part of the amount due in costs or modify the method of payment.
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

Waive or reduce fee

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Virginia Va. Code Ann. § 19.2-355 Petition of defendant
(a) In determining whether the defendant is unable to pay such fine forthwith, the court may require such defendant to file a petition, under oath, with the court, upon a
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form provided by the court, setting forth the financial condition of the defendant. (b) Such form shall be a questionnaire, and shall include, but shall not be limited to: the name and residence of the defendant; his occupation, if any; his family status and the number of persons dependent upon him; his monthly income; whether or not his dependents are employed and, if so, their approximate monthly income; his banking accounts, if any; real estate owned by the defendant, or any interest he may have in real estate; income produced therefrom; any independent income accruing to the defendant; tangible and intangible personal property owned by the defendant, or in which he may have an interest; and a statement listing the approximate indebtedness of the defendant to other persons. Such form shall also include a payment plan of the defendant, if the court should exercise its discretion in permitting the payment of such fine and costs in installments or other conditions to be fixed by the court.
All Not provided for Before imposition of fine or fee Not provided for Not provided for No

permitting the payment of such fine and costs in installments or other conditions to be fixed by the court

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Virginia Va. Code Ann. § 19.2-358(C) Show cause hearing on default
B. Following the order to show cause or following a capias issued for a defendant's failure to comply with a court order to appear issued pursuant to subsection A of
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§ 19.2-354, unless the defendant shows that his default was not attributable to an intentional refusal to obey the sentence of the court, or not attributable to a failure on his part to make a good faith effort to obtain the necessary funds for payment, or unless the defendant shows that any failure to appear was not attributable to an intentional refusal to obey the order of the court, the court may order the defendant confined as for a contempt for a term not to exceed sixty days or impose a fine not to exceed $500. The court may provide in its order that payment or satisfaction of the amounts in default at any time will entitle the defendant to his release from such confinement or, after entering the order, may at any time reduce the sentence for good cause shown, including payment or satisfaction of such amounts. C. If it appears that the default is excusable under the standards set forth in subsection B hereof, the court may enter an order allowing the defendant additional time for payment, reducing the amount due or of each installment, or remitting the unpaid portion in whole or in part.
All Not provided for At enforcement of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing No

additional time for payment, reducing the amount due or of each installment, or remitting the unpaid portion in whole or in part

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Virginia Va. Code Ann. § 19.2-363 Authority of Governor to grant relief from fines and penalties in case of deceased defendant
provided, that when the party against whom the fine or penalty has been imposed and judgment rendered therefor has departed this life leaving a spouse or children surviving, the Governor
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may remit such fine or penalty upon the certificate of the judge of the circuit court of the county or city wherein such fine or penalty was imposed and judgment rendered, that to enforce the same against the estate, real or personal, of the decedent, would impose hardship upon the spouse or children
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would impose hardship upon the spouse or children

At defendant's request at enforcement Not provided for Determined by judge after hearing No

remittance

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Virginia Va. Code Ann. § 19.2-299.2(C) Local alcohol safety action program - ability to pay
If the referral is to the local alcohol safety action program, the program may charge a fee for the education and intervention component, or both, not to exceed $300, based
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upon the defendant's ability to pay.
All Not provided for Not provided for Not provided for Not provided for Yes

Not specified

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Virginia Va. Code Ann. § 53.1-150.1 Substance abuse treatment as condition of parole - exemptions
Any person who is granted parole and who is required to receive substance abuse treatment as a condition of parole shall contribute towards the cost of such treatment based upon
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his ability to pay, as established pursuant to regulations promulgated by the Board of Corrections. The regulations shall provide that (i) any fees collected for such treatment shall be paid directly to the service provider and (ii) any person may be exempt from the payment of such fees on the grounds of unreasonable hardship.
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unreasonable hardship

Before imposition of fine or fee Not provided for Administrative decision Yes

exemption from payment of fees

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Virginia Va. Code Ann. § 18.2-57.3(D) Education/treatment program sliding scale fee structure
The court shall require the person entering such education or treatment program or services under the provisions of this section to pay all or part of the costs of the
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program or services, including the costs of any assessment, evaluation, testing, education and treatment, based upon the person's ability to pay. Such programs or services shall offer a sliding-scale fee structure or other mechanism to assist participants who are unable to pay the full costs of the required programs or services.
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

sliding scale fee structure

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Virginia Va. Code Ann. § 18.2-251 Program costs - ability to pay
The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of
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the screening, assessment, testing, and treatment, based upon the accused's ability to pay unless the person is determined by the court to be indigent.
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Indigence

Before imposition of fine or fee Not provided for Other Yes

exemption from payment of fees

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Virginia Va. Code Ann. § 18.2-251.01(A) Education fee - based upon ability to pay
The services agency or program may require the person entering such program or services under the provisions of this section to pay a fee for the education and treatment component,
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or both, based upon the defendant's ability to pay.
Felony Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

Not specified

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Virginia Va. Code Ann. § 18.2-258.1(H) Program costs - indigency
The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of
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the screening, evaluation, testing and education, based upon the person's ability to pay unless the person is determined by the court to be indigent.
All

Indigence

Before imposition of fine or fee Not provided for Other Yes

exemption from payment of fees

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Virginia Va. Code Ann. § 18.2-271.1(B) Waiver of fee - indigency Upon a positive finding that the defendant is indigent, the court may reduce or waive the fee. All

Indigence

Not provided for Not provided for Not provided for No

waiver of fee