Ability to Pay

Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.

Every law can be saved to the Reform Builder  

See all ability to pay policy recommendations in CJPP’s Policy Guide

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.

17 Results

Export results to Excel

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
BS-+-Light-Rounded-Square
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

BS-+-Light-Rounded-Square
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

BS-+-Light-Rounded-Square
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

BS-+-Light-Rounded-Square
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

BS-+-Light-Rounded-Square
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

BS-+-Light-Rounded-Square
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
BS-+-Light-Rounded-Square
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
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
he were called on behalf of the prosecution.
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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
and 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
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes Not provided for
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
own 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
All Not provided for At enforcement of fine or fee Not provided for Not provided for No

reduction or revocation of fine

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
affidavit 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.
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

+ See more
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

Not provided for Not provided for Not provided for No

cost of attorneys fees covered

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Washington DC DC ST § 16-711 (b) Restitution or reparation
(b) When restitution or reparation is ordered, the court shall take into consideration the number of victims, the actual damage of each victim, the resources of the defendant, the defendant's
+ See more
ability to earn, any obligation of the defendant to support dependents, and other matters as pertain to the defendant's ability to make restitution or reparation.
All

"… the court shall take into consideration… resources of the defendant, the defendant's ability to earn, any obligation of the defendant to support dependents…"

Before imposition of fine or fee Not provided for Determined by judge after hearing Yes Not provided for
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Washington DC DC ST § 11-2604 (f) Payment for representation
(f) If a person for whom counsel is appointed under this section appeals to the District of Columbia Court of Appeals, such person may do so without prepayment of fees
+ See more
and costs or security therefor and without filing the affidavit required by section 1915(a) of title 28, United States Code.
All Not provided for Before imposition of fine or fee Not provided for Other Yes

May proceed without prepayment of fees

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Washington DC DC ST § 23-106 Witnesses for defense; fees
The court shall order at any time that a subpoena be issued for service upon a named witness on behalf of a defendant if the defendant makes an application for
+ See more
such an order and makes a satisfactory showing that he is financially unable to pay the fees of the witness and that the presence of the witness is necessary to an adequate defense. If the court orders the subpoena to be issued the costs incurred by the process and the fees of the witness so subpoenaed shall be paid in the same manner in which similar costs and fees are paid in case of a witness subpoenaed in behalf of the prosecuting authority.
All Not provided for At defendant's request before imposition of fine or fee Burden on defendant to show inability to pay Not provided for Yes

Subpoena and witness fees will be paid by government

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Washington DC DC ST § 11-2605 Services other than counsel
Counsel for a person who is financially unable to obtain investigative, expert, or other services necessary for an adequate defense may request them in an ex parte application. Upon finding,
+ See more
after appropriate inquiry in an ex parte proceeding, that the services are necessary and that the person is financially unable to obtain them, the court shall authorize counsel to obtain the services.
All

financially unable to obtain necessary services

At defendant's request before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing No

Cost paid for

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Washington DC D.C. Super. Ct. R. Crim. P. 113 (b) Witness fees
Payment from public funds. No witness entitled to any payment under paragraph (a) shall be paid from public funds except upon certification
+ See more
of the witness that the witness was compelled by subpoena to attend as a witness on behalf of a defendant unable to pay or was present pursuant to the direction of the Court or prosecutor, in a specified pending criminal case and that the witness did attend. Such certification shall be endorsed by the Court or by the counsel of record issuing the subpoena or direction and shall be submitted to the Clerk of the Court for certification. The Executive Officer upon submission of the endorsed and verified certification shall make payment by cash or check
All Not provided for Not provided for Burden on defendant to show inability to pay Not provided for No

Cost paid for