Data Explorer: Ability to pay | 50 State Criminal Justice Debt Tool

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
Add to Dashboard + Create New	Nevada	Nev. Rev. Stat. Ann. § 176.085	Reduction of excessive fine or administrative assessment; payment in installments.	Whenever, after a fine and administrative assessment have been imposed but before they have been discharged by payment or confinement, it is made to appear to the judge or justice + See more imposing the fine or administrative assessment or his or her successor: 1. That the fine or administrative assessment is excessive in relation to the financial resources of the defendant, the judge or justice or his or her successor may reduce the fine accordingly. 2. That the discharge of the fine or administrative assessment is not within the defendant’s present financial ability to pay, the judge or justice or his or her successor may direct that the fine be paid in installments.	All	excessive in relation to the financial resources of the defendant; not withiin the defendant's present financial ability to pay	At enforcement of fine or fee	Not provided for	Not provided for	No	Installment plan
Add to Dashboard + Create New	Nevada	Nev. Rev. Stat. Ann. § 484C.515 (2)	Fee for specialty court programs	If the fee pursuant to subsection 1: (a) Is not within the defendant’s present ability to pay, the justice or judge may include in the sentence, + See more in addition to any other penalty or administrative assessment provided by law, community service for a reasonable number of hours, the value of which would be commensurate with the fee. (b) Is not entirely within the defendant’s present ability to pay, the justice or judge may include in the sentence, in addition to any other penalty or administrative assessment provided by law, a reduced fee and community service for a reasonable number of hours, the value of which would be commensurate with the amount of the reduction of the fee.	Misdemeanor	not within the defendant’s present ability to pay; not entirely within the defendant's present ability to pay	Not provided for	Not provided for	Not provided for	No	community service; reduced fee
Add to Dashboard + Create New	Nevada	Nev. Rev. Stat. Ann. § 209.4295 (2)-(3)	Payment of cost of supervision and treatment; performance of community service as contribution toward cost; issuance of judgment for unpaid costs	2. A court shall not refuse to place a probation violator in the diversion program if the probation violator does not have the financial resources to pay any or all of + See more the related costs. 3. The court may order a probation violator who is placed in the diversion program to perform a specified amount of community service upon release from the program to contribute toward the cost of his or her treatment and supervision. Any such community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents.	All	violator does not have the financial resources to pay any or all of the related costs	Not provided for	Not provided for	Not provided for	Yes	community service
Add to Dashboard + Create New	Nevada	Nev. Rev. Stat. Ann. § 211A.130 (3)	Fees for cost of supervision: Imposition; waiver or reduction	3. If the chief determines that payment of the fee would result in economic hardship to a probationer or a supervised releasee, the chief may waive the imposition of, or reduce + See more the amount of, the fee. If the chief waives the imposition of the fee, payment of the fee by the probationer or the supervised releasee does not constitute a condition of his or her suspended sentence, residential confinement or pretrial or presentence release.	All	economic hardship	Not provided for	Not provided for	Not provided for	No	reduction or waiver of fee
Add to Dashboard + Create New	Nevada	Nev. Rev. Stat. Ann. § 213.1076 (2)	Fee to defray costs of supervision; regulations; waiver	2. The Chief may waive the fee to defray the cost of supervision, in whole or in part, if the Chief determines that payment of the fee would create an economic + See more hardship on the parolee, probationer or person supervised by the Division through residential confinement.	All	economic hardship	Not provided for	Not provided for	Not provided for	No	reduction or waiver of fee
Add to Dashboard + Create New	Nevada	Nev. Rev. Stat. Ann. § 209.4886 (4)	Participation in judicial program: Referral of offender to reentry court; powers and duties of Director; regulations; reimbursement of costs; effect of violation of terms and conditions; status of offender	The Director shall adopt regulations requiring offenders who are assigned to the custody of the Division pursuant to this section to reimburse the reentry court, the Division and the Department + See more for the cost of their participation in a judicial program, to the extent of their ability to pay.	All	Not provided for	Not provided for	Not provided for	Not provided for	Yes	Not provided for
Add to Dashboard + Create New	Nevada	Nev. Rev. Stat. Ann. § 176.139 (7)	Presentence investigation and report: Psychosexual evaluation of certain sex offenders required; standards and methods for conducting evaluation; access to records; rights of confidentiality and privileges deemed waived; costs	If a psychosexual evaluation is conducted pursuant to this section, the court shall: (a) Order the defendant, to the extent of the defendant’s financial ability, to + See more pay for the cost of the psychosexual evaluation; or (b) If the defendant was less than 18 years of age when the sexual offense was committed and the defendant was certified and convicted as an adult, order the parents or guardians of the defendant, to the extent of their financial ability, to pay for the cost of the psychosexual evaluation. For the purposes of this paragraph, the court has jurisdiction over the parents or guardians of the defendant to the extent that is necessary to carry out the provisions of this paragraph.	All	Not provided for	Not provided for	Not provided for	Not provided for	Yes	Not provided for
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § 15A-1368.4(f)	Conditions of post-release supervision	Required Supervision Fee.--The Commission shall require as a condition of post-release supervision that the supervisee pay a supervision fee of forty dollars ($40.00) per month. The Commission may exempt a + See more supervisee from this condition only if it finds that requiring payment of the fee is an undue economic burden.	All	Undue economic burden.	Before imposition of fine or fee	Not provided for	Administrative decision	No	Fee waiver.
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § 15A-1362(a)-(b)	Imposition of fines	(a)General Criteria.--In determining the method of payment of a fine, the court should consider the burden that payment will impose in view of the financial resources of the defendant. (b) Installment + See more or Delayed Payments.--When a defendant is ordered to pay a fine, the court may provide for the payment to be made within a specified period of time or in specified installments. If no such provision is made a part of the sentence, the fine is payable forthwith.	All	Burden that payment will impose in view of the financial resources of the defendant	At enforcement of fine or fee	Not provided for	Not provided for	No	Installment or delayed payments.
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § 15A-1364(c)	Response to nonpayment	(c) Modification of Fine or Costs.--If it appears that the default in the payment of a fine or costs is not attributable to failure on the defendant's part to make + See more a good faith effort to obtain the necessary funds for payment, the court may enter an order: . . . (1) Allowing the defendant additional time for payment; or (2) Reducing the amount of the fine or costs or of each installment; or (3) Revoking the fine or costs or the unpaid portion in whole or in part.	All	Default in payment not attributable to failure on defendant's part to make good faith effort to obtain necessary funds	At enforcement of fine or fee	Not provided for	Not provided for	No	Modification, revocation of fine/fee, or payment plan.
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § 15A-1363	Remission of a fine or costs	A defendant who has been required to pay a fine or costs, including a requirement to pay fine or costs as a condition of probation, or a prosecutor, may at + See more any time petition the sentencing court for a remission or revocation of the fine or costs or any unpaid portion of it. If it appears to the satisfaction of the court that the circumstances which warranted the imposition of the fine or costs no longer exist, that it would otherwise be unjust to require payment, or that the proper administration of justice requires resolution of the case, the court may remit or revoke the fine or costs or the unpaid portion in whole or in part or may modify the method of payment.	All	Circumstances which warranted the imposition of the fine or costs no longer exist, that it would otherwise be unjust to require payment, or that the proper administration of justice requires + See more resolution of the case.	At defendant's request at enforcement	Burden on defendant to show inability to pay	Not provided for	No	Court may remit or revoke the fine or costs or the unpaid portion in whole or in part or may modify the method of payment
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § 15A-145.4(j)	Expunction of records for first offenders who are under 18 years of age at the time of the commission of a nonviolent felony	(j) A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred seventy-five dollars + See more ($175.00) at the time the petition is filed. Fees collected under this subsection are payable to the Administrative Office of the Courts. The clerk of superior court shall remit one hundred twenty-two dollars and fifty cents ($122.50) of each fee to the North Carolina Department of Public Safety for the costs of criminal record checks performed in connection with processing petitions for expunctions under this section. The remaining fifty-two dollars and fifty cents ($52.50) of each fee shall be retained by the Administrative Office of the Courts and used to pay the costs of processing petitions for expunctions under this section. This subsection does not apply to petitions filed by an indigent.	All	Indigent	Before imposition of fine or fee	Not provided for	Administrative decision	No	N/A
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § § 15A-145(e)	Expunction of records for first offenders under the age of 18 at the time of conviction of misdemeanor; expunction of certain other misdemeanors	A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred seventy-five dollars ($ + See more 175.00) at the time the petition is filed. Fees collected under this subsection are payable to the Administrative Office of the Courts. The clerk of superior court shall remit one hundred twenty-two dollars and fifty cents ($ 122.50) of each fee to the North Carolina Department of Public Safety for the costs of criminal record checks performed in connection with processing petitions for expunctions under this section. The remaining fifty-two dollars and fifty cents ($ 52.50) of each fee shall be retained by the Administrative Office of the Courts and used to pay the costs of processing petitions for expunctions under this section. This subsection does not apply to petitions filed by an indigent.	All	Indigent	Before imposition of fine or fee	Not provided for	Administrative decision	No	N/A
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § 15A-145.1(d)	Expunction of records for first offenders under the age of 18 at the time of conviction of certain gang offenses	A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred seventy-five dollars ($ + See more 175.00) at the time the petition is filed. Fees collected under this subsection are payable to the Administrative Office of the Courts. The clerk of superior court shall remit one hundred twenty-two dollars and fifty cents ($ 122.50) of each fee to the North Carolina Department of Public Safety for the costs of criminal record checks performed in connection with processing petitions for expunctions under this section. The remaining fifty-two dollars and fifty cents ($ 52.50) of each fee shall be retained by the Administrative Office of the Courts and used to pay the costs of processing petitions for expunctions under this section. This subsection does not apply to petitions filed by an indigent.	All	Indigent	Before imposition of fine or fee	Not provided for	Administrative decision	No	N/A
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § 15A-145.2(d)	Expunction of records for first offenders not over 21 years of age at the time of the offense of certain drug offenses	A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred seventy-five dollars ($ + See more 175.00) at the time the petition is filed. Fees collected under this subsection are payable to the Administrative Office of the Courts. The clerk of superior court shall remit one hundred twenty-two dollars and fifty cents ($ 122.50) of each fee to the North Carolina Department of Public Safety for the costs of criminal record checks performed in connection with processing petitions for expunctions under this section. The remaining fifty-two dollars and fifty cents ($ 52.50) of each fee shall be retained by the Administrative Office of the Courts and used to pay the costs of processing petitions for expunctions under this section. This subsection does not apply to petitions filed by an indigent.	All	Indigent	Before imposition of fine or fee	Not provided for	Administrative decision	No	N/A
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § 15A-145.3(d)	Expunction of records for first offenders not over 21 years of age at the time of the offense of certain toxic vapors offenses	A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred seventy-five dollars ($ + See more 175.00) at the time the petition is filed. Fees collected under this subsection are payable to the Administrative Office of the Courts. The clerk of superior court shall remit one hundred twenty-two dollars and fifty cents ($ 122.50) of each fee to the North Carolina Department of Public Safety for the costs of criminal record checks performed in connection with processing petitions for expunctions under this section. The remaining fifty-two dollars and fifty cents ($ 52.50) of each fee shall be retained by the Administrative Office of the Courts and used to pay the costs of processing petitions for expunctions under this section. This subsection does not apply to petitions filed by an indigent.	All	Indigent	Before imposition of fine or fee	Not provided for	Administrative decision	No	N/A
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § 7A-452(a)-(c1)	Source of counsel; fees; appellate records	(a) Upon the court's determination that a person is indigent and entitled to counsel under this Article, counsel shall be appointed in accordance with rules adopted by the Office of + See more Indigent Defense Services. In noncapital cases, the court shall assign counsel pursuant to rules adopted by the Office of Indigent Defense Services. In capital cases, the Office of Indigent Defense Services or designee of the Office of Indigent Defense Services shall assign counsel; at least one member of each capital defense team, where practicable, shall be a member of the bar in that division. In the courts of those counties which have a public defender, however, the public defender may tentatively assign himself or an assistant public defender to represent an indigent person, subject to subsequent determination of entitlement to counsel by the court and approval by the court in noncapital cases and by the Office of Indigent Defense Services in capital cases. (b) Fees of assigned counsel and salaries and other operating expenses of the offices of the public defenders shall be borne by the State. (c)(1) The clerk of superior court is authorized to make a determination of indigency and entitlement to counsel, as authorized by this Article. The word “court,” as it is used in this Article and in any rules pursuant to this Article, includes the clerk of superior court.	All	Indigent	Before imposition of fine or fee	Not provided for	Other	No	State pays counsel fees.
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann .§ 7A-450	Indigency; definition; entitlement; determination; change of status	(a) An indigent person is a person who is financially unable to secure legal representation and to provide all other necessary expenses of representation in an action or proceeding enumerated + See more in this Subchapter. An interpreter is a necessary expense as defined in Chapter 8B of the General Statutes for a deaf person who is entitled to counsel under this subsection. (b) Whenever a person, under the standards and procedures set out in this Subchapter, is determined to be an indigent person entitled to counsel, it is the responsibility of the State to provide him with counsel and the other necessary expenses of representation. The professional relationship of counsel so provided to the indigent person he represents is the same as if counsel had been privately retained by the indigent person. (b1) An indigent person indicted for murder may not be tried where the State is seeking the death penalty without an assistant counsel being appointed in a timely manner. If the indigent person is represented by the public defender's office, the requirement of an assistant counsel may be satisfied by the assignment to the case of an additional attorney from the public defender's staff. (c) The question of indigency may be determined or redetermined by the court at any stage of the action or proceeding at which an indigent is entitled to representation. (d) If, at any stage in the action or proceeding, a person previously determined to be indigent becomes financially able to secure legal representation and provide other necessary expenses of representation, he must inform the counsel appointed by the court to represent him of that fact. In such a case, that information is not included in the attorney client privilege, and counsel must promptly inform the court of that information.	All	Indigent	Before imposition of fine or fee	Not provided for	Other	No	State provides for counsel.
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § 7A-313.1	Fee for costs of electronic monitoring	A county that provides the personnel, equipment, and other costs of providing electronic monitoring as a condition of an offender's bond or pretrial release may collect a fee from the + See more offender that is the lesser of the amount of the jail fee authorized in G.S. 7A-313 or the actual cost of providing the electronic monitoring. A county may not collect a fee from an offender who is determined to be indigent and entitled to court-appointed counsel.	All	Indigent	Before imposition of fine or fee	Not provided for	Not provided for	No	Fee waiver
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § 14-208.45	Sex Offender and Public Protection Registration Programs: Fees	(a) Except as provided in subsections (b) and (b1) of this section, each person required to enroll pursuant to this Part shall pay a one-time fee of ninety dollars ($90.00). + See more The fee shall be payable to the clerk of superior court, and the fees shall be remitted quarterly to the Division of Adult Correction and Juvenile Justice of the Department of Public Safety. This fee is intended to offset only the costs associated with the time-correlated tracking of the geographic location of subjects using the location tracking crime correlation system. (b) When a court determines a person is required to enroll pursuant to G.S. 14-208.40A or G.S. 14-208.40B, the court may exempt a person from paying the fee required by subsection (a) of this section only for good cause and upon motion of the person required to enroll in satellite-based monitoring. The court may require that the fee be paid in advance or in a lump sum or sums, and a probation officer may require payment by those methods. (c) When a person is required to enroll based on a determination by the Division of Adult Correction and Juvenile Justice pursuant to G.S. 14-208.40B, the Division of Adult Correction and Juvenile Justice shall have the authority to exempt the person from paying the fee only for good cause and upon request of the person required to enroll in satellite-based monitoring. The Division of Adult Correction and Juvenile Justice may require that the fee be paid in advance or in a lump sum or sums, and a probation officer may require payment by those methods. Credits	All	Agency/court has authority to exempt the person from paying the fee only for good cause.	At defendant's request before imposition of fine or fee	Burden on defendant to show inability to pay	Administrative decision	No	Fee waiver

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