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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.
44 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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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 moreimposing 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.
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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 |
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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 morein 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.
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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 |
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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 morethe 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.
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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 |
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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 morethe 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.
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All |
economic hardship |
Not provided for | Not provided for | Not provided for | No |
reduction or waiver of fee |
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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 morehardship on the parolee, probationer or person supervised by the Division through residential confinement.
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All |
economic hardship |
Not provided for | Not provided for | Not provided for | No |
reduction or waiver of fee |
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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 morefor the cost of their participation in a judicial program, to the extent of their ability to pay.
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All | Not provided for | Not provided for | Not provided for | Not provided for | Yes | Not provided for |
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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 morepay 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.
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All | Not provided for | Not provided for | Not provided for | Not provided for | Yes | Not provided for |
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Ohio | Ohio Rev. Code § 2907.27(2) | Examination and treatment for venereal diseases and HIV | If the accused is indigent, the court shall order the accused to report to a facility operated by a city health district or a general health district for treatment. | All | Not provided for | Not provided for | Not provided for | Not provided for | Yes |
Use of a city facility for examination and testing |
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Ohio | Ohio Rev. Code § 2949.092 | Condition for waiver of specified additional court costs |
If a person is convicted of or pleads guilty to an offense and the court specifically is required, pursuant to section 2743.70, 2949.091,2949.093, or 2949.094 of the Revised Code or pursuant to any other section of the Revised Code to impose a specified sum of money as costs in the case in addition to any other costs that the court is required or permitted by law to impose in the case, the court shall not waive the payment of the specified additional court costs that the section of the Revised Code specifically requires the court to impose unless the court determines that the offender is indigent and the court waives the payment of all court costs imposed upon the offender.
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All |
Indigent |
Not provided for | Not provided for | Not provided for | No |
Fee waiver |
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Ohio | Ohio Rev. Code § 2743.70(1) | Additional court costs and bail to be charged |
(1) The court, in which any person is convicted of or pleads guilty to any offense other than a traffic offense that is not a moving violation, shall impose the following sum as costs in the case in addition to any other court costs that the court is required by law to impose upon the offender:
(a) Thirty dollars, if the offense is a felony; (b) Nine dollars, if the offense is a misdemeanor. The court shall not waive the payment of the thirty or nine dollars court costs, unless the court determines that the offender is indigent and waives the payment of all court costs imposed upon the indigent offender. All such moneys shall be transmitted on the first business day of each month by the clerk of the court to the treasurer of state and deposited by the treasurer in the reparations fund. |
All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Fee waiver |
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Ohio | Ohio Rev. Code § 2929.19(B)(5) | Sentencing hearing |
Before imposing a financial sanction under section 2929.18 of the Revised Code or a fine under section 2929.32 of the Revised Code, the court shall consider the offender's present and future ability to pay the amount of the sanction or fine.
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Felony |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
Likely no requirement to pay financial sanction |
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Ohio | Ohio Rev. Code § 2929.37(A) | Policy requiring prisoner to pay costs of confinement |
The amount assessed under this section shall not exceed the total amount that the prisoner is able to pay. |
All |
Not provided for |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Likely no requirement to pay costs of confinement |
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Ohio | Ohio Rev. Code § 2743.70(A)(2) | Additional costs in criminal cases in all courts to fund reparations payments |
(2) The juvenile court in which a child is found to be a delinquent child or a juvenile traffic offender for an act which, if committed by an adult, would be an offense other than a traffic offense that is not a moving violation, shall impose the following sum as costs in the case in addition to any other court costs that the court is required or permitted by law to impose upon the delinquent child or juvenile traffic offender:
(a) Thirty dollars, if the act, if committed by an adult, would be a felony; (b) Nine dollars, if the act, if committed by an adult, would be a misdemeanor. The thirty or nine dollars court costs shall be collected in all cases unless the court determines the juvenile is indigent and waives the payment of all court costs, or enters an order on its journal stating that it has determined that the juvenile is indigent, that no other court costs are to be taxed in the case, and that the payment of the thirty or nine dollars court costs is waived. All such moneys collected during a month shall be transmitted on or before the twentieth day of the following month by the clerk of the court to the treasurer of state and deposited by the treasurer in the reparations fund. |
Traffic |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Likely no requirement to pay financial sanction |
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Ohio | Ohio Rev. Code § 2949.091(A)(1)(b) | Fees and costs |
The court shall not waive the payment of the additional thirty-, twenty-, or ten-dollar court costs, unless the court determines that the offender is indigent and waives the payment of all court costs imposed upon the indigent offender.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Fee waiver |
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Ohio | Ohio Rev. Code § 2949.091(A)(1) | Additional court costs or bail |
(a) The court in which any person is convicted of or pleads guilty to any offense shall impose one of the following sums as costs in the case in addition to any other court costs that the court is required by law to impose upon the offender:
(i) Thirty dollars if the offense is a felony; (ii) Twenty dollars if the offense is a misdemeanor other than a traffic offense that is not a moving violation; (iii) Ten dollars if the offense is a traffic offense that is not a moving violation, excluding parking violations. (b) All moneys collected pursuant to division (A)(1)(a) of this section during a month shall be transmitted on or before the twentieth day of the following month by the clerk of the court to the treasurer of state and deposited by the treasurer of state to the credit of the indigent defense support fund established under section 120.08 of the Revised Code. The court shall not waive the payment of the additional thirty-, twenty-, or ten-dollar court costs, unless the court determines that the offender is indigent and waives the payment of all court costs imposed upon the indigent offender. |
All |
Indigent |
Not provided for | Not provided for | Determined by judge without hearing | No |
Fee waiver |
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Ohio | Ohio Rev. Code § 2301.14 | Taxing costs |
The clerk of the court of common pleas in which the service of a court interpreter is rendered shall tax in the cost bill in such case, to be collected as other costs, the sum of three dollars for each day of service of such interpreter, which fees shall be paid into the county treasury to the credit of the county fund. If the party taxed with costs is indigent, the clerk shall not tax the interpreter’s fees as costs, and the county shall pay the interpreter’s fees.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Not provided for | No |
County pays for the interpreter. |
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Ohio | Ohio Rev. Code § 2151.54 | Fees and costs |
If a child is adjudicated to be a delinquent child or a juvenile traffic offender and the juvenile court specifically is required, by section 2743.70 or 2949.091 of the Revised Code or any other section of the Revised Code, to impose a specified sum of money as court costs in addition to any other court costs that the court is required or permitted by law to impose, the court shall not waive the payment of the specified additional court costs that the section of the Revised Code specifically requires the court to impose unless the court determines that the child is indigent and the court either waives the payment of all court costs or enters an order in its journal stating that no court costs are to be taxed in the case.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Waives the payment of all court costs or enters an order in its journal stating that no court costs are to be taxed in the case |
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Ohio | Ohio Rev. Code § 2929.28(B) | Financial Sanctions - misdemeanor |
If the court determines a hearing is necessary, the court may hold a hearing to determine whether the offender is able to pay the financial sanction imposed pursuant to this section or court costs or is likely in the future to be able to pay the sanction or costs. If the court determines that the offender is indigent and unable to pay the financial sanction or court costs, the court shall consider imposing and may impose a term of community service under division (A) of section 2929.27 of the Revised Code in lieu of imposing a financial sanction or court costs. If the court does not determine that the offender is indigent, the court may impose a term of community service under division (A) of section 2929.27 of the Revised Code in lieu of or in addition to imposing a financial sanction under this section and in addition to imposing court costs. The court may order community service for a minor misdemeanor pursuant to division (D) of section 2929.27 of the Revised Code in lieu of or in addition to imposing a financial sanction under this section and in addition to imposing court costs. If a person fails to pay a financial sanction or court costs, the court may order community service in lieu of the financial sanction or court costs.
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Misdemeanor |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | No |
Community service in lieu of restitution. |
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Ohio | Ohio Rev. Code § 2953.32(C)(3) | Sealing of record of conviction or bail forfeiture |
An applicant may request the sealing of the records of more than one case in a single application under this section. Upon the filing of an application under this section, the applicant, unless indigent, shall pay a fee of fifty dollars, regardless of the number of records the application requests to have sealed.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Not provided for | No |
Likely no requirement to pay fee |
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Ohio | Ohio Rev. Code § 2949.091(2) | Additional court costs or bail |
(2) (a) The juvenile court in which a child is found to be a delinquent child or a juvenile traffic offender for an act that, if committed by an adult, would be an offense, shall impose one of the following sums as costs in the case in addition to any other court costs that the court is required or permitted by law to impose upon the delinquent child or juvenile traffic offender:
(i) Thirty dollars if the offense is a felony; (ii) Twenty dollars if the offense is a misdemeanor other than a traffic offense that is not a moving violation; (iii) Ten dollars if the offense is a traffic offense that is not a moving violation, excluding parking violations. (b) All moneys collected pursuant to division (A)(2)(a) of this section during a month shall be transmitted on or before the twentieth day of the following month by the clerk of the court to the treasurer of state and deposited by the treasurer of state to the credit of the indigent defense support fund established under section 120.08 of the Revised Code. The thirty-, twenty-, or ten-dollar court costs shall be collected in all cases unless the court determines the juvenile is indigent and waives the payment of all court costs, or enters an order on its journal stating that it has determined that the juvenile is indigent, that no other court costs are to be taxed in the case, and that the payment of the thirty-, twenty-, or ten-dollar court costs is waived. |
All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | No |
Fee waiver |
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