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

State

Keyword search

Reset

Reset all filters

Timeline

Burden of proof

Method of determination

Mandatory

Narrrow results

Level of Offense

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.

4 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

 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. § 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

 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

The Criminal Justice Debt Reform Builder is a project of the National Criminal Justice Debt Initiative of the Criminal Justice Policy Program at Harvard Law School in collaboration with the Berkman Klein Center for Internet & Society at Harvard University and with user experience design by metaLAB (at) Harvard.

For more information, please visit cjpp.law.harvard.edu.