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33 Results
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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Nebraska | Neb. Rev. Stat. § 29-2284 | Probation or parole; revocation; conditions |
If the defendant is placed on probation or paroled, the court may revoke probation, and the Board of Parole may revoke parole if the defendant fails to comply with the + See morerestitution order. In determining whether to revoke probation or parole, the court or Board of Parole shall consider the defendant's earning ability and financial resources, the willfulness of the defendant's failure to pay, and any special circumstances affecting the defendant's ability to pay. Probation or parole may not be revoked unless noncompliance with the restitution order is attributable to an intentional refusal to obey the order or a failure to make a good faith effort to comply with the order.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Not provided for | Yes |
N/A |
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Nebraska | Neb. Rev. Stat. § 29-2206(1)(a),(2) | Fine and costs; commitment until paid; installments; deduction from bond; suspension or revocation of motor vehicle operator's license |
(1) (a) In all cases in which courts or magistrates have now or may hereafter have the power to punish offenses, either in whole or in part, by requiring the offender to pay fines or costs, or both, such courts or magistrates may make it a part of the sentence that the party stand committed and be imprisoned in the jail of the proper county until the fines or costs are paid or secured to be paid or the offender is otherwise discharged according to law if the court or magistrate determines that the offender has the financial ability to pay such fines or costs. The court or magistrate may make such determination at the sentencing hearing or at a separate hearing prior to sentencing. A separate hearing shall not be required. In making such determination, the court or magistrate may consider the information or evidence adduced in an earlier proceeding pursuant to section 29-3902, 29-3903, 29-3906, or 29-3916. At any such hearing, the offender shall have the opportunity to present information as to his or her income, assets, debts, or other matters affecting his or her financial ability to pay. Following such hearing and prior to imposing sentence, the court or magistrate shall determine the offender’s financial ability to pay the fines or costs, including his or her financial ability to pay in installments under subsection (2) of this section.
(2) If the court or magistrate determines, pursuant to subsection (1) of this section, that an offender is financially unable to pay such fines or costs in one lump sum but is financially capable of paying in installments, the court or magistrate shall make arrangements suitable to the court or magistrate and to the offender by which the offender may pay in installments. The court or magistrate shall enter an order specifying the terms of such arrangements and the dates on which payments are to be made. |
All |
Not provided for |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | Yes |
Payment in installments. |
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Nebraska | Neb. Rev. Stat. § 29-2412(2) | Fine and costs; nonpayment; commutation upon confinement; credit; amount. |
(2) Whenever it is made satisfactorily to appear to the district court, or to the county judge of the proper county, after all legal means have been exhausted, that any person who is confined in jail for any fines or costs of prosecution for any criminal offense has no estate with which to pay such fines or costs, it shall be the duty of such court or judge, on his or her own motion or upon the motion of the person so confined, to discharge such person from further imprisonment for such fines or costs, which discharge shall operate as a complete release of such fines or costs.
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All |
No estate with which to pay such fines or costs |
At enforcement of fine or fee | Not provided for | Not provided for | No |
If imprisoned for nonpayment of fines and costs, then discharged from prison. |
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Nebraska | Neb. Rev. Stat. § 29-2412(1)(a),(c) | Fine and costs; nonpayment; commutation upon confinement; credit; amount |
(1) (a) Any person arrested and brought into custody on a warrant for failure to pay fines or costs, for failure to appear before a court or magistrate on the due date of such fines or costs, or for failure to comply with the terms of an order pursuant to sections 29-2206 and 29-2206.01, shall be entitled to a hearing on the first regularly scheduled court date following the date of arrest. The purpose of such hearing shall be to determine the person’s financial ability to pay such fines or costs. At the hearing, the person shall have the opportunity to present information as to his or her income, assets, debts, or other matters affecting his or her financial ability to pay. Following the hearing, the court or magistrate shall determine the person’s ability to pay the fines or costs, including his or her financial ability to pay by installment payments as described in section 29-2206;
(c) If the court or magistrate determines that the person is financially unable to pay the fines or costs, the court or magistrate: (i) Shall either: (A) Enter an order pursuant to subdivision (1)(d) of this section discharging the person of such fines or costs; or (B) If the person is subject to an order to pay installments pursuant to section 29-2206, the court or magistrate shall either enter an order pursuant to subdivision (1)(d) of this section discharging the person of such obligation or make any necessary modifications to the order specifying the terms of the installment payments as justice may require and that will enable the person to pay the fines or costs; and (ii) May order the person to complete community service for a specified number of hours pursuant to sections 29-2277 to 29-2279;
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All | Not provided for | At defendant's request at enforcement | Not provided for | Determined by judge after hearing | Yes |
Discharge payment of fines; installment payments; community service in lieu of fines. |
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Nebraska | Neb. Rev. Stat. § 29-2262.06(4) | Fees; waiver; when; failure to pay; effect |
The court shall waive payment of the monthly probation programming fees in whole or in part if after a hearing a determination is made that such payment would constitute an undue hardship on the offender due to limited income, employment or school status, or physical or mental handicap. Such waiver shall be in effect only during the period of time that the probationer or participant in a non-probation-based program or service is unable to pay his or her monthly probation programming fee.
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All |
Undue hardship due to limited income, employment or school status, or physical or mental hardship |
At enforcement of fine or fee | Not provided for | Determined by judge after hearing | No |
Waive payment of the monthly probation programming fees |
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Nebraska | Neb. Rev. Stat. § 29-2281 | Restitution; determination of amount; manner of payment |
To determine the amount of restitution, the court may hold a hearing at the time of sentencing. The amount of restitution shall be based on the actual damages sustained by the victim and shall be supported by evidence which shall become a part of the court record. The court shall consider the defendant’s earning ability, employment status, financial resources, and family or other legal obligations and shall balance such considerations against the obligation to the victim. In considering the earning ability of a defendant who is sentenced to imprisonment, the court may receive evidence of money anticipated to be earned by the defendant during incarceration. A person may not be granted or denied probation or parole either solely or primarily due to his or her financial resources or ability or inability to pay restitution. The court may order that restitution be made immediately, in specified installments, or within a specified period of time not to exceed five years after the date of judgment or defendant’s final release date from imprisonment, whichever is later
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All |
Defendant's earning ability, employment status, financial resources, and family or other legal obligations and shall balance such considerations against the obligation to the victim. In considering the earning ability of a defendant who is sentenced to imprisonment, the court may receive evidence of money anticipated to be earned by the defendant during incarceration.
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At enforcement of fine or fee | Not provided for | Determined by judge after hearing | Yes |
N/A |
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Nebraska | Neb. Rev. Stat. § 29-2262(2)(m) | Probation; conditions |
(2) The court may, as a condition of a sentence of probation, require the offender: offender assessment screens, and rehabilitative services required in the identification, evaluation, and treatment of offenders if such offender has the financial ability to pay for such services;
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
N/A |
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Nebraska | Neb. Rev. Stat. § 29-2208(1)-(2),(4) | Fines or costs; person financially unable to pay; hearing; determination; court or magistrate; powers; order; operate as release |
(1) A person who has been ordered to pay fines or costs and who has not been arrested or brought into custody as described in subdivision (1)(a) of section 29-2412 but who believes himself or herself to be financially unable to pay such fines or costs may request a hearing to determine such person's financial ability to pay such fines or costs. The hearing shall be scheduled on the first regularly scheduled court date following the date of the request. Pending the hearing, the person shall not be arrested or brought into custody for failure to pay such fines or costs or failure to appear before a court or magistrate on the due date of such fines or costs.
(2) At the hearing, the person shall have the opportunity to present information as to his or her income, assets, debts, or other matters affecting his or her financial ability to pay. Following the hearing, the court or magistrate shall determine the person's financial ability to pay the fines or costs, including his or her financial ability to pay in installments as described in section 29-2206. (4) If the court or magistrate determines that the person is financially unable to pay the fines or costs, the court or magistrate: (a) Shall either: (i) Enter an order pursuant to subsection (5) of this section discharging the person of such fines or costs; or (ii) If the person is subject to an order to pay installments pursuant to section 29-2206, the court or magistrate shall either enter an order pursuant to subsection (5) of this section discharging the person of such obligation or make any necessary modifications to the order specifying the terms of the installment payments as justice may require and that will enable the person to pay the fines or costs; and (b) May order the person to complete community service for a specified number of hours pursuant to sections 29-2277 to 29-2279. |
All |
Not provided for |
At enforcement of fine or fee | Not provided for | Determined by judge after hearing | No |
Waive fines or costs; discharge person of installment order to pay fines or costs; make any necessary modifications to the order specifying the terms of the installment payments as justice may require and that will enable the person to pay the fines or costs; order the person to complete community service.
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Nebraska | Neb. Rev. Stat. § 29-2262(2)(o) | Probation; conditions |
(2) The court may, as a condition of a sentence of probation, require the offender: cost of such device or system if the offender has the financial ability;
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
N/A |
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Nebraska | Neb. Rev. Stat. § 29-2262.06(1),(4)-(6) | Fees; waiver; when; failure to pay; effect |
a one-time administrative enrollment fee and thereafter a monthly probation programming fee.
(4) The court shall waive payment of the monthly probation programming fees in whole or in part if after a hearing a determination is made that such payment would constitute an undue hardship on the offender due to limited income, employment or school status, or physical or mental handicap. Such waiver shall be in effect only during the period of time that the probationer or participant in a non-probation-based program or service is unable to pay his or her monthly probation programming fee. (5) If a probationer defaults in the payment of monthly probation programming fees or any installment thereof, the court may revoke his or her probation for nonpayment, except that probation shall not be revoked nor shall the offender be imprisoned for such nonpayment if the probationer is financially unable to make the payment, if he or she so states to the court in writing under oath, and if the court so finds after a hearing. (6) If the court determines that the default in payment described in subsection (5) of this section was not attributable to a deliberate refusal to obey the order of the court or to failure on the probationer's part to make a good faith effort to obtain the funds required for payment, the court may enter an order allowing the probationer additional time for payment, reducing the amount of each installment, or revoking the fees or the unpaid portion in whole or in part. |
All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | No |
Fee waiver; allowing the probationer additional time for payment; reducing the amount of each installment; revoking the fees or the unpaid portion in whole or in part |
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Nebraska | Neb. Rev. Stat. § 29-3902 | Indigent defendant; right to counsel |
At a felony defendant's first appearance before a court, the court shall advise him or her of the right to court-appointed counsel if he or she is indigent. If he or she asserts indigency, the court shall make a reasonable inquiry to determine his or her financial condition and may require him or her to execute an affidavit of indigency. If the court determines him or her to be indigent, it shall formally appoint the public defender to represent him or her in all proceedings before the court and shall make a notation of such appointment and appearances of the public defender upon the felony complaint. The same procedure shall be followed by the court in misdemeanor cases punishable by imprisonment.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Formally appoint the public defender to represent him or her in all proceedings before the court |
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Nebraska | Neb. Rev. Stat. § 29-3906 | Misdemeanor defendant; indigent; counties with no public defender; court-appointed counsel; compensation |
In counties not having public defenders, the court may appoint an attorney licensed to practice law in this state to represent any indigent person who is charged with a misdemeanor offense punishable by imprisonment. When such a defendant asserts indigency, the court shall make a reasonable inquiry to determine the defendant's financial condition and may require him or her to execute an affidavit of indigency. Attorneys appointed pursuant to this section shall be compensated in the manner provided by section 29-3905 with application being made to the appointing court.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Court appoints an attorney licensed to practice law in this state to represent any indigent person who is charged with a misdemeanor offense punishable by imprisonment |
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Nebraska | Neb. Rev. Stat. § 29-4121 | DNA testing; costs |
The cost of DNA testing ordered under subsection (5) of section 29-4120 shall be paid by the person filing the motion, unless the court determines such person to be indigent. If the person filing such motion is determined by the court to be indigent, the costs shall be paid by the state in the following manner:
(1) If the Commission on Public Advocacy has been appointed to represent the person filing the motion, as determined under section 29-4122, the costs of testing shall be paid by the commission from funds appropriated by the Legislature; and (2) If the Commission on Public Advocacy has not been appointed to represent the person filing the motion, the court shall hold a hearing to determine the costs for DNA testing. The court shall order the commission to pay such costs. The order shall be forwarded by the clerk of the court to the commission, along with copies of all invoices for such DNA testing. Upon receipt, the commission shall pay such costs from funds appropriated by the Legislature. |
All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Costs paid by the state. |
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Nebraska | Neb. Rev. Stat. § 28-718(3) | Child protection cases; central registry; name-change order; treatment; fee; waiver |
The department may charge a reasonable fee in an amount established by the department in rules and regulations to recover expenses in carrying out central registry records checks. The fee shall not exceed three dollars for each request to check the records of the central registry. The department shall remit the fees to the State Treasurer for credit to the Health and Human Services Cash Fund. The department may waive the fee if the requesting party shows the fee would be an undue financial hardship. The department shall use the fees to defray costs incurred to carry out such records checks. The department may adopt and promulgate rules and regulations to carry out this section.
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All |
Undue financial hardship |
Before imposition of fine or fee | Not provided for | Administrative decision | No |
Fee waiver |
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Vermont | Vt. Stat. Ann. tit. 13 § 5238(f) | Co-payment and reimbursement orders |
A person who may be or has been ordered to pay all or part of the cost of representation by co-payment or reimbursement order may at any time petition the court making the order for remission of all of the amount or any part thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardships on the defendant or the defendant's immediate family or that the circumstances of case disposition and the interests of justice so require, the court may remit all or part of the amount due or modify the method of payment.
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All |
Payment of the amount due will impose manifest hardships on the defendant or the defendant's immediate family or that the circumstances of case disposition and the interests of justice so require.
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At defendant's request before imposition of fine or fee | Burden on defendant to show inability to pay | Other | No |
Court will remit all or part of the amount due or modify the method of payment. |
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Vermont | Vt. Stat. Ann. tit. 13 § 7180(c)(3),(4)(C) | Remedies for failure to pay fines, costs, surcharges, and penalties |
(c) Civil contempt proceeding. (3) Hearing. -- The hearing shall be conducted in a summary manner. The court shall examine the defendant and any other witnesses and may require the defendant to produce documents relevant to the defendant's ability to pay the amount due. Evidence is admissible if it is of a type commonly relied upon by a reasonably prudent person in the conduct of his or her affairs. The Vermont Rules of Evidence shall not apply except that the rules related to privilege shall apply. The State shall not be a party except with the permission of the court. The defendant may be represented by counsel at the defendant's own expense.
(4)(C) If the court concludes that the defendant is not in contempt because the defendant does not have the ability to pay the amount due, the court may: (i) suspend all or any part of the amount due in the interests of justice, except that the court may not waive surcharges imposed pursuant to section 7282 of this title; (ii) order the defendant to participate in the Restorative Justice Program conducted by a community reparative board and direct the reparative board to determine an appropriate amount of community service to be performed in lieu of all or part of the amount due. |
All |
Not provided for |
At enforcement of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | Yes |
Suspend all or any part of the amount due in the interests of justice, except that the court may not waive surcharges imposed pursuant to section 7282 of this title; order the defendant to participate in the Restorative Justice Program conducted by a community reparative board and direct the reparative board to determine an appropriate amount of community service to be performed in lieu of all or part of the amount due.
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Vermont | Vt. Stat. Ann. tit. 13 § 7180(f) | Community service for traffic offense |
(f) (1) A defendant who is not incarcerated may file a motion to convert all or part of a traffic offense fine to community service. The court may grant the motion if the defendant establishes that he or she has made a good faith effort to pay the fine but is unable to do so. A fine converted to community service pursuant to this subsection shall not be considered a modification of sentence and shall not be subject to the time limits of Vermont Rule of Criminal Procedure 35.
(2) Community service performed pursuant to a motion granted under this subsection shall be: (A) credited against outstanding fines at the then-existing rate of the Vermont minimum wage: (B) monitored by Diversion, a restorative justice panel of a community justice center, or a similar entity approved by the court, that shall report on the defendant's compliance status to the court; (C) performed in the county where the offense occurred. (3) A conversion of a fine to community service under this subsection: (A) shall not apply to surcharges, court costs, or other assessments; (B) shall be in addition to the contempt procedures applicable under this section. |
Traffic |
Made a good faith effort to pay the fine but is unable to do so. |
At defendant's request at enforcement | Burden on defendant to show inability to pay | Other | No |
Convert to community service |
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Vermont | Vt. Stat. Ann. tit. 13 § 2022 | Bad checks |
A person who issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee, shall be imprisoned for not more than one year or fined not more than $ 1,000.00, or both. The court shall order restitution in the amount of the check or order, together with a service charge not to exceed $ 5.00, if it is established that the defendant has the ability to pay.
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Misdemeanor |
Not provided for |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
No restitution or service charge ordered |
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Vermont | Vt. Stat. Ann. tit. 13 § 7043(d)(2),(e)(1) | Restitution |
(d) In awarding restitution, the Court shall make findings with respect to: . . . (2) The offender's current ability to pay restitution, based on all financial information available to the Court, including information provided by the offender.
(e)(1) An order of restitution shall establish the amount of the material loss incurred by the victim, which shall be the restitution judgment order. In the event the offender is unable to pay the restitution judgment order at the time of sentencing, the court shall establish a restitution payment schedule for the offender based upon the offender's current and reasonably foreseeable ability to pay, subject to modification under subsection (l) of this section. |
All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | Yes |
Payment plan |
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Vermont | Vt. Stat. Ann. tit. 13 § 5238(b) | Co-payment and reimbursement orders |
(b) The court shall require any person assigned counsel pursuant to section 5236 of this title to pay for all or part of the cost of representation based upon his or her ability to pay. Unless the person and cohabiting family members are found to be financially unable to pay, in all cases the court shall order a minimum payment of $ 50.00.
(f) A person who may be or has been ordered to pay all or part of the cost of representation by co-payment or reimbursement order may at any time petition the court making the order for remission of all of the amount or any part thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardships on the defendant or the defendant's immediate family or that the circumstances of case disposition and the interests of justice so require, the court may remit all or part of the amount due or modify the method of payment. |
All |
Manifest hardships on the defendant or the defendant's immediate family or that the circumstances of case disposition and the interests of justice so require |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Not having to pay the cost or minimum fee for representation; court may remit all or part of the amount due or modify the method of payment. |
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