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	Minnesota	Minn. Stat. Ann. § 244.18(4)	Local correctional fees; imposition on offenders	Exemption from fee. — The chief executive officer of the local correctional agency may waive payment of the fee if the officer determines that the offender does not have the ability to + See more pay the fee, the prospects for payment are poor, or there are extenuating circumstances justifying waiver of the fee. Instead of waiving the fee, the local correctional agency may require the offender to perform community work service as a means of paying the fee.	All	Not provided for	Before imposition of fine or fee	Not provided for	Administrative decision	No	Fee waiver; community service.
Add to Dashboard + Create New	Minnesota	Minn. Stat. Ann. § 244.18(2)	Local correctional fees; imposition on offenders	Local correctional fees. — A local correctional agency may establish a schedule of local correctional fees to charge persons under the supervision and control of the local correctional agency to defray costs + See more associated with correctional services. The local correctional fees on the schedule must be reasonably related to defendants’ abilities to pay and the actual cost of correctional services.	All	Not provided for	Before imposition of fine or fee	Not provided for	Administrative decision	No	Not provided for
Add to Dashboard + Create New	Minnesota	Minn. R. Crim. P. 28.02(5)(9)	Appeal by defendant	All fees--including appeal fees, hearing fees, or filing fees--ordinarily charged by the clerk of the appellate courts or court administrators are waived when the State Public Defender's office, or other + See more public defender's office, represents the defendant. The court must also waive these fees on a sufficient showing by any other attorney that the defendant cannot pay them.	All	Not provided for	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Fee waiver
Add to Dashboard + Create New	Minnesota	Minn. Stat. Ann. § 609.104(1)(b)	Fine and Surcharge Collection	The defendant may contest the referral for collection based on inability to pay by requesting a hearing no later than the due date. The defendant shall be notified in writing at sentencing that under section 480.15, subdivision 10c, the court may refer the case for collection for nonpayment, and collection costs may be added to the amount due. The defendant shall also be notified in writing of the right to contest a referral for collection. The state court administrator shall develop + See more the notice language.	All	Not provided for	At defendant's request at enforcement	Not provided for	Determined by judge after hearing	Yes	Not specified
Add to Dashboard + Create New	Minnesota	Minn. Stat. Ann. § 609.101(5)(b)	Surcharge on Fines, Assessments; Minimum Fines	If the defendant qualifies for the services of a public defender or the court finds on the record that the convicted person is indigent or that immediate payment of the + See more fine would create undue hardship for the convicted person or that person’s immediate family, the court may reduce the amount of the minimum fine to not less than $ 50. Additionally, the court may permit the defendant to perform community work service in lieu of a fine.	All	Indigent or that immediate payment of the fine would create undue hardship for the convicted person or that person’s immediate family.	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Maximum $50 fine or community service.
Add to Dashboard + Create New	Minnesota	Minn. Stat. Ann. § 609.226(4)(c)	Harm caused by dog	The court shall order a person convicted of violating this subdivision to pay restitution for the costs and expenses resulting from the crime. Costs and expenses include, but are not + See more limited to, the service animal user's loss of income, veterinary expenses, transportation costs, and other expenses of temporary replacement assistance services, and service animal replacement or retraining costs incurred by a school, agency, or individual. If the court finds that the convicted person is indigent, the court may reduce the amount of restitution to a reasonable level or order it paid in installments.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Reduce the amount of restitution to a reasonable level or order it paid in installments.
Add to Dashboard + Create New	Minnesota	Minn. Stat. Ann. § 609.324(4)	Patrons; prostitutes; housing individuals engaged in prostitution; penalties	Community service in lieu of minimum fine. The court may order a person convicted of violating subdivision 2 or 3 to perform community work service in lieu of all or + See more a portion of the minimum fine required under those subdivisions if the court makes specific, written findings that the convicted person is indigent or that payment of the fine would create undue hardship for the convicted person or that person's immediate family. Community work service ordered under this subdivision is in addition to any mandatory community work service ordered under subdivision 3.	All	Indigent or that payment of the fine would create undue hardship for the convicted person or that person's immediate family.	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Community service in lieu of payment.
Add to Dashboard + Create New	Minnesota	Minn. Stat. Ann. § 609.3241(b)	Sex Crimes: Penalty assessment authorized	The court may not waive payment of the minimum assessment required by this section. If the defendant qualifies for the services of a public defender or the court finds on + See more the record that the convicted person is indigent or that immediate payment of the assessment would create undue hardship for the convicted person or that person's immediate family, the court may reduce the amount of the minimum assessment to not less than $100. The court also may authorize payment of the assessment in installments.	All	Indigent or that immediate payment of the assessment would create undue hardship for the convicted person or that person's immediate family,	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Reduce fee to $100 or less or allow for installments.
Add to Dashboard + Create New	Minnesota	Minn. Stat. Ann. § 609.3456(b)	Use of polygraphs for sex offenders on probation or conditional release	(b) The court or commissioner may order the offender to pay all or a portion of the costs of the examinations. The fee may be waived if the offender is + See more indigent or if payment would result in an economic hardship to the offender's immediate family.	All	Indigent or if payment would result in an economic hardship to the offender's immediate family	Not provided for	Not provided for	Not provided for	No	Fee waiver.
Add to Dashboard + Create New	Minnesota	Minn. Stat. Ann. § 609.596(2b)	Killing or harming public safety dog	Mandatory restitution. The court shall order a person convicted of violating this section to pay restitution for the costs and expenses resulting from the crime. Costs and expenses include, but + See more are not limited to, the purchase and training of a replacement dog and veterinary services for the injured dog. If the court finds that the convicted person is indigent, the court may reduce the amount of restitution to a reasonable level or order it paid in installments.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Reduce the amount of restitution to a reasonable level or order it paid in installments.
Add to Dashboard + Create New	Minnesota	Minn. Stat. Ann. § 609.749(6)(c)-(d)	Stalking; penalties	(c) If the assessment indicates that the offender is in need of and amenable to mental health treatment, the court shall include in the sentence a requirement that the offender + See more undergo treatment. (d) The court shall order the offender to pay the costs of assessment under this subdivision unless the offender is indigent under section 563.01.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Not provided for
Add to Dashboard + Create New	Minnesota	Minn. Stat. Ann. § 609A.03(1)	Petition to expunge criminal records	Petition; filing fee. An individual who is the subject of a criminal record who is seeking the expungement of the record shall file a petition under this section and pay + See more a filing fee in the amount required under section 357.021, subdivision 2, clause (1). The filing fee may be waived in cases of indigency and shall be waived in the cases described in section 609A.02, subdivision 3, paragraph (a), clause (1).	All	Indigent	Not provided for	Not provided for	Not provided for	No	Fee waiver
Add to Dashboard + Create New	Minnesota	Minn. Stat. Ann. § 609.904(2)	Racketeer Influenced and Corrupt Organizations (RICO): Criminal Penalties	Fine. In lieu of the fine authorized by subdivision 1, a person convicted of violating section 609.903, who received economic gain from the act or caused economic loss or personal + See more injury during the act, may be sentenced to pay a fine calculated under this subdivision. The maximum fine is three times the gross value gained or three times the gross loss caused, whichever is greater, plus court costs and the costs of investigation and prosecution reasonably incurred, less the value of any property forfeited under section 609.905. The district court shall hold a hearing to determine the amount of the fine authorized by this subdivision. In imposing a fine, the court shall consider the seriousness of the conduct, whether the amount of the fine is disproportionate to the conduct in which the person engaged, its impact on victims and any legitimate enterprise involved in that conduct, as well as the economic circumstances of the convicted person, including the effect of the imposition of the fine on the person's immediate family.	All	Economic circumstances of the convicted person, including the effect of the imposition of the fine on the person's immediate family	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	No	N/A

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