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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.
28 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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Utah | Utah R. Crim. P. 15 | Expert Witnesses |
Upon showing that a defendant is financially unable to pay the fees of an expert whose services are necessary for adequate defense, the witness fee shall be paid as if + See morehe were called on behalf of the prosecution.
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All |
unable to pay fees |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | No |
costs covered by state |
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Utah | Utah Code Ann. § 76-5-502 | Request for testing--Mandatory testing--Liability for costs | the alleged offender who is tested is responsible upon conviction for the costs of testing, unless the alleged offender is indigent. | All |
indigent |
Not provided for | Not provided for | Not provided for | Yes |
costs covered by state |
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Utah | Utah Code Ann. § 77-32a-3 | Ability to pay |
The court shall not include in the judgment a sentence that a defendant pay costs unless the defendant is or will be able to pay them. In determining the amount + See moreand method of payment of costs, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose and that restitution be the first priority
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes | Not provided for |
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Utah | Utah Code Ann. § 76-3-201.1 | Collection of criminal judgments--reduce fines |
When a defendant defaults in the payment of a criminal judgment account receivable or any installment of that receivable, the court, on motion of the prosecution, victim, or upon its + See moreown motion may: (a) order the defendant to appear and show cause why the default should not be treated as contempt of court; or (b) issue a warrant of arrest... (5) If it appears to the satisfaction of the court that the default is not contempt, the court may enter an order for any of the following or any combination of the following...(f) except as limited by Subsection (6) [restitution] ... reduce or revoke the unpaid amount of the criminal judgment account receivable
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All | Not provided for | At enforcement of fine or fee | Not provided for | Not provided for | No |
reduction or revocation of fine |
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Utah | Utah Code Ann. § 77-32-202(2)(a) | Procedure for determination of indigence--Standards |
Any defendant claiming indigence who is charged with a crime the penalty of which is a class A misdemeanor or serious offense shall file with the court a fully complete + See moreaffidavit verified by a notary or other person authorized by law to administer an oath and file a copy of that affidavit with the prosecuting entity. The affidavit shall contain the factual information required in this section and by the court. . . Indigence means that a person: (i) does not have sufficient income, assets, credit, or other means to provide for the payment of legal counsel and all other necessary expenses of representation without depriving that person or the family of that person of food, shelter, clothing, and other necessities; or (ii) has an income level at or below 150% of the United States poverty level as defined by the most recently revised poverty income guidelines published by the United States Department of Health and Human Services; and (iii) has not transferred or otherwise disposed of any assets since the commission of the offense with the intent of establishing eligibility for the appointment of counsel under this chapter.
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All |
does not have sufficient income, assets, credit or other means to provide for payment of legal counsel and all other necessary expenses without depriving that person or the family of that person of basic necessities OR has income level at or below 150 percent of US poverty level and has not transferred or disposed of property since the commission of the offense
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Not provided for | Not provided for | Not provided for | No |
cost of attorneys fees covered |
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West Virginia | W. Va. Code §62-4-17(b) | Suspension of licenses for failure to pay fines and costs or failure to appear in court |
(b) Notwithstanding the provisions of this section to the contrary, the notice of the failure to pay such costs, fines, forfeitures or penalties shall not be given where the circuit court, upon application of the person upon whom the same were imposed filed prior to the expiration of the period within which the same are required to be paid, enters an order finding that such person is financially unable to pay all or a portion of the same: Provided, That where the circuit court, upon finding that the person is financially unable to pay the full amount thereof, requires the person to pay the remaining portion thereof, the circuit clerk shall notify the Division of Motor Vehicles of such person’s failure to pay the same if the same is not paid within the period of time ordered by such court.
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All |
Not provided for |
At enforcement of fine or fee | Not provided for | Not provided for | Yes |
If payment for a lower amount, suspension of the driver's license is still possible to enforce payment of that lower amount. If no payment is required, no suspension will be ordered. |
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West Virginia | W. Va. Code § 61-3-39p(a) | Crimes against the property - Fees for participation in the worthless check restitution program. |
(a) The prosecuting attorney, his or her designee, or a private entity under contract with the prosecuting attorney may collect a fee not to exceed one hundred dollars from any person participating in the worthless check restitution program: Provided, That the prosecuting attorney shall waive the fee if he or she determines that the person is indigent and unable to pay the fee.
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All |
Indigent |
Not provided for | Not provided for | Not provided for | Yes |
Waiver of the fee |
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West Virginia | W. Va. Code § 61-11A-5(a) | Restitution; procedure for issuing order |
(a) The court, in determining whether to order restitution under this article, and in determining the amount of such restitution, shall consider the amount of the loss sustained by any victim as a result of the offense, the financial resources of the defendant, the financial needs and earning ability of the defendant and the defendant's dependents, and such factors as the court deems appropriate.
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All |
… shall consider … the financial resources of the defendant, the financial needs and earning ability of the defendant and the defendant's dependents |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge without hearing | Yes |
No restitution or lower amount of restitution |
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West Virginia | W. Va. Code § 29-21-16(g)(1)-(4) | Determination of maximum income levels; eligibility guidelines; use of form affidavit; inquiry by court; denial of services; repayment; limitation on remedies against affiant |
(g) In the circumstances and manner set forth below, circuit judges may order repayment to the state, through the office of the clerk of the circuit court having jurisdiction over the proceedings, of the costs of representation provided under this article:
(1) In every case in which services are provided to an indigent person and an adverse judgment has been rendered against such person, the court may require that person, and in juvenile cases, may require the juvenile’s parents or custodian, to pay as costs the compensation of appointed counsel, the expenses of the defense, and any other fees and costs authorized by statute; (2) The court shall not order a person to pay costs unless the person is able to pay without undue hardship. In determining the amount and method of repayment of costs, the court shall take account of the financial resources of the person, the person’s ability to pay, and the nature of the burden that payment of costs will impose. The fact that the court initially determines, at the time of a case’s conclusion, that it is not proper to order the repayment of costs does not preclude the court from subsequently ordering repayment if the person’s financial circumstances change; (3) When a person is ordered to repay costs, the court may order payment to be made immediately or within a specified period of time or in specified installments. If a person is sentenced to a term of imprisonment, an order for repayment of costs is not enforceable during the period of imprisonment unless the court expressly finds, at the time of sentencing, that the person has sufficient assets to pay the amounts ordered to be paid or finds there is a reasonable likelihood the person will acquire the necessary assets in the foreseeable future; (4) A person who has been ordered to repay costs, and who is not in contumacious default in the payment thereof, may at any time petition the sentencing court for modification of the repayment order. If it appears to the satisfaction of the court that continued payment of the amount ordered will impose undue hardship on the person or the person’s dependents, the court may modify the method or amount of payment; |
All |
(2) The court shall not order a person to pay costs unless the person is able to pay without undue hardship. In determining the amount and method of repayment of costs, the court shall take account of the financial resources of the person, the person's ability to pay and the nature of the burden that payment of costs will impose. The fact that the court initially determines, at the time of a case's conclusion, that it is not proper to order the repayment of costs does not preclude the court from subsequently ordering repayment should the person's financial circumstances change.
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Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Court shall not order a person to pay costs; court may order payment to be made immediately or within a specified period of time or in specified installments; |
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West Virginia | W. Va. Code § 17C-5A-3(e) | Safety and Treatment Program; reissuance of license |
(e) (1) The program provider shall collect the established fee from each participant upon enrollment unless the division has determined that the participant is an indigent based upon criteria established pursuant to legislative rule authorized in this section. (2) If the division determined that a participant is an indigent based upon criteria established pursuant to the legislative rule authorized by this section, the department shall provide the applicant with proof of its determination regarding indigency, which proof the applicant shall present to the interlock provider as part of the application process provided in §17C-5A-3a of this code and/or the rules promulgated pursuant thereto.
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All |
Indigent - … shall consider … the financial resources of the defendant, the financial needs and earning ability of the defendant and the defendant's dependents |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Administrative decision | No |
Fee waiver |
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West Virginia | W. Va. Code § 62-5-10(a) | Mandatory cost assessed upon conviction of a felony |
Every circuit court shall assess, in every felony criminal matter as a cost to the defendant, an assessment in the sum of seventy-five dollars for each felony count of conviction. The assessment referred to herein shall be paid upon adjudication of guilt unless the court determines that the defendant is unable to pay in such a manner in which case payment of the assessment shall be paid prior to final disposition. If the circuit court determines that a defendant is financially unable to pay the assessment prior to final disposition, payment of the assessment shall be a mandatory condition of probation or parole.
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Felony |
Not provided for |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
No payment prior to final disposition, however, payment shall be a mandatory condition of parole or probation. |
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West Virginia | W. Va. Code § 62-11A-1a | Other sentencing alternatives |
(e) A person sentenced under the provisions of this section may be required to pay the costs of his or her incarceration, including meal costs: Provided, That the judge or magistrate considers the person's ability to pay the costs.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
May not be required to pay the costs of his or her incarceration, including meal costs. |
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West Virginia | W. Va. Code § 62-11B-5(7) | Requirements for order for home incarceration |
(7) A requirement that the offender pay a home incarceration fee set by the circuit court or magistrate. If a magistrate orders home incarceration for an offender, the magistrate shall follow a fee schedule established by the supervising circuit judge in setting the home incarceration fee. The magistrate or circuit judge shall consider the person’s ability to pay in determining the imposition and amount of the fee.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
No fee or a lower fee |
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