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
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New Jersey N.J. Stat. Ann. § 2B:12-23.1 Inability to pay fine in full on date of court hearing
Notwithstanding any other provision of law to the contrary, if a municipal court finds that a person does not have the ability to pay a penalty in full on the date
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of the hearing or has failed to pay a previously imposed penalty, the court may order the person to perform community service in lieu of the payment of a penalty; or, order the payment of the penalty in installments for a period of time determined by the court.
All Not provided for Before imposition of fine or fee Not provided for Determined by judge after hearing No

Community service, installment plan

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New Jersey N.J. Stat. Ann. § 2B:12-23.1 Default of payment
If a person defaults on any payment and a municipal court finds that the defendant does not have the ability to pay, the court may: (1) reduce the penalty, suspend
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the penalty, or modify the installment plan; (2) order that credit be given against the amount owed for each day of confinement, if the court finds that the person has served jail time for the default; (3) revoke any unpaid portion of the penalty, if the court finds that the circumstances that warranted the imposition have changed or that it would be unjust to require payment; (4) order the person to perform community service in lieu of payment of the penalty; or (5) impose any other alternative permitted by law in lieu of payment of the penalty. b. For the purposes of this section, “penalty” means any fine, statutorily-mandated assessment, surcharge or other financial penalty imposed by a municipal court, except restitution or a surcharge assessed pursuant to subsection f. of section 1 of P.L.2000, c. 75 (C.39:4-97.2).
All Not provided for At enforcement of fine or fee Not provided for Determined by judge after hearing No

(1) reduce the penalty, suspend the penalty, or modify the installment plan; (2) order that credit be given against the amount owed for each day of confinement, if the court

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finds that the person has served jail time for the default; (3) revoke any unpaid portion of the penalty, if the court finds that the circumstances that warranted the imposition have changed or that it would be unjust to require payment; (4) order the person to perform community service in lieu of payment of the penalty; or (5) impose any other alternative permitted by law in lieu of payment of the penalty

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New Jersey N.J. Stat. Ann. § 2C:44-2 Criteria for imposing fines
a. The court may sentence a defendant to pay a fine in addition to a sentence of imprisonment or probation if: (1) The defendant has derived a pecuniary gain from the offense
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or the court is of opinion that a fine is specially adapted to deterrence of the type of offense involved or to the correction of the offender; (2) The defendant is able, or given a fair opportunity to do so, will be able to pay the fine; and (3) The fine will not prevent the defendant from making restitution to the victim of the offense... c. (1) In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose.
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes Not provided for
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New Jersey N.J. Stat. Ann. § 2C:44-2 Criteria for imposing restitution
b. The court shall sentence a defendant to pay restitution in addition to a sentence of imprisonment or probation that may be imposed if: (1) The victim, or in the case
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of a homicide, the nearest relative of the victim, suffered a loss; and (2) The defendant is able to pay or, given a fair opportunity, will be able to pay restitution. c. (1) In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose. (2) In determining the amount and method of payment of restitution, the court shall take into account all financial resources of the defendant, including the defendant's likely future earnings, and shall set the amount of restitution so as to provide the victim with the fullest compensation for loss that is consistent with the defendant's ability to pay. The court shall not reduce a restitution award by any amount that the victim has received from the Violent Crimes Compensation Board, but shall order the defendant to pay any restitution ordered for a loss previously compensated by the Board to the Violent Crimes Compensation Board. If restitution to more than one person is set at the same time, the court shall set priorities of payment.
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes Not provided for
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New Jersey N.J.Stat.Ann. § 2C:46-3 Revocation of fine
A defendant who has been sentenced to pay a fine may at any time petition the court which sentenced him for a revocation of the fine or of any unpaid
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portion thereof. If it appears to the satisfaction of the court that the circumstances which warranted the imposition of the fine have changed, or that it would otherwise be unjust to require payment, the court may revoke the fine or the unpaid portion thereof in whole or in part.
All

"would be otherwise unjust to require payment"

At defendant's request at enforcement Not provided for Not provided for No

revoke the fine in whole or in part

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New Jersey N.J. Stat. Ann. § 2A:158A-16 services rendered - ability to pay
In all cases where it appears that the defendant has or reasonably expects to have means to meet some part, though not all, of the cost of the services rendered
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to him he shall be required to reimburse the office, either by a single payment or in installments, in such amounts as he can reasonably be expected to pay; but no default or failure in the making of any such payment shall in any wise affect or reduce the rendering of the services to him.
All Not provided for Not provided for Not provided for Not provided for Yes

Not specified

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New Jersey N.J. Stat. Ann. § 2C:43-3.1 defendant's ability to pay
In imposing this assessment, the court shall consider factors such as the severity of the crime, the defendant's criminal record, defendant's ability to pay and the economic impact of the
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assessment on the defendant's dependents.
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

Not specified

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New Jersey N.J. Stat. Ann. § 2C:43-13.8 (West) Conditional dismissal assessment, restitution and other assessments
A defendant may apply for a waiver of the fee, by reason of poverty, pursuant to the Rules Governing the Courts of the State of New Jersey, or the court
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may permit the defendant to pay the conditional dismissal fee and other assessments in installments or may order other alternatives pursuant to section 1 of P.L.2009, c. 317 (C.2B:12-23.1).
All Not provided for Not provided for Not provided for Not provided for No

waiver of fee, payment plan

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New Jersey N.J. Stat. Ann. § 2C:45-1 Conditions of Suspension or Probation This fee may be waived in cases of indigency upon application by the chief probation officer to the sentencing court. All Not provided for Not provided for Not provided for Other No

waived

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New Hampshire N.H. Rev. Stat. § 651-B:11(II) Registration Fee

An offender who cannot afford to pay the fee shall, within 10 days of registration, request a waiver of the fee and a hearing on the matter before the commissioner.

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In order to be considered for a waiver, the offender shall submit a financial affidavit on a form provided by the department. The division may at its discretion request such a waiver on behalf of an offender. If such a request is made, the commissioner shall promptly schedule and conduct a hearing pursuant to rules adopted under RSA 541-A, unless the commissioner or commissioner's designee determines a hearing is not necessary and waives the fee based on the offender's financial affidavit, or at the written request of the division. At the hearing, the burden shall be on the offender to prove that he or she is indigent. The offender may appeal the commissioner's decision to the superior court. Under no circumstances shall the offender's request for a hearing or indigence relieve the offender of the obligation to register as required pursuant to this chapter.

All

Indigent

At defendant's request at enforcement Burden on defendant to show inability to pay Administrative decision Yes

Fee waiver

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New Hampshire N.H. Rev. Stat. Ann. § 623-B:2(I),(IV) Civil Actions by Inmates; Filing Fees and Court Costs.

I. An inmate who commences any civil action or proceeding is responsible for all court fees and costs.

IV. Nothing in this section shall prohibit an inmate from filing a civil action

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or proceeding if the inmate is indigent.

All

Indigent

Not provided for Not provided for Not provided for Yes

N/A

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New Hampshire N.H. Rev. Stat. Ann. § 604-A:9(I) Repayment

I. Any adult defendant who has had counsel or a public defender assigned to the defendant at the expense of the state shall be ordered by the court under paragraph I-b

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to repay the state through the unit of cost containment, the fees and expenses paid by the state on the defendant's behalf according to a schedule established by the administrator of the cost containment unit with the approval of the administrative justices of the courts on such terms as the court may order consistent with the defendant's present or future ability to pay, such ability to be determined by the unit of cost containment . . . At no time shall the defendant be required to repay, for legal services, an amount greater than the state's flat rate for a contract attorney as established contractually pursuant to RSA 604-B. If the defendant is placed on probation or sentenced to a period of conditional discharge, the defendant shall repay the state, through the department of corrections, all fees and expenses paid on his behalf on such terms as the court may order consistent with the defendant's present or future ability to pay.

All

Present or future ability to pay, as determined by the unit of cost containment.

Before imposition of fine or fee Not provided for Not provided for Yes

Payment plan and reduced costs

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New Hampshire N.H. Rev. Stat. Ann. § 651:63 Restitution Authorized

Restitution may be ordered regardless of the offender's ability to pay and regardless of the availability of other compensation; however, restitution is not intended to compensate the victim more than

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once for the same injury. 

All

Not provided for

Not provided for Not provided for Not provided for Yes

N/A

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New Hampshire N.H. Rev. Stat. Ann. § 631:2-b(V) Domestic Violence

In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction under this section. The court shall not reduce or suspend

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any sentence or the payment of any fine imposed under this section. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof.

All

Not provided for

Before imposition of fine or fee Not provided for Determined by judge without hearing No

Deferred payment; payment plan.

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New Hampshire N.H. Rev. Stat. Ann. § 651-D:2(V) Post-Conviction DNA Testing of Biological Material

The cost of DNA testing ordered under this section shall be paid by the petitioner, or by the state, if the petitioner is indigent as determined by the court. The

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court may appoint counsel for an indigent petitioner under this section.

All

Indigent

Before imposition of fine or fee Not provided for Determined by judge without hearing No

Payment by the state

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New Hampshire N.H. R. Crim. P. 29(e)(1) Sentencing Procedures

(1)  Fines, restitution or penalty assessments (hereinafter collectively referred to as "assessments") imposed by the court shall be due and payable on the date the sentence is imposed. Where a defendant

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indicates an inability to pay forthwith, the defendant shall complete an affidavit of resources, under oath, prior to leaving the courthouse. The court will then determine whether the defendant has the financial ability to pay the assessment.

(2)  The determination of a defendant's financial ability to pay the assessment shall be made by comparing the defendant's assets and income with the amount of the assessment. The defendant's assets shall include all real and personal property owned in any manner by the defendant, unless exempt from execution, levy, attachment, garnishment, or other legal process under any state or federal law. The defendant's income shall include all income, whether earned or not, from any source, unless exempt from execution, levy, attachment, garnishment, or other legal process under any state or federal law, and shall be reduced only by the amount of expenses which are reasonably necessary for the maintenance of the defendant and his dependents and by the amount of defendant's anticipated or current obligation to repay the Office of Cost Containment for the cost of appointed counsel. As a court may do when considering an obligor's ability to pay child support, alimony, or other indebtedness, the court also may consider: (1) spousal, partner and family income or assets to the extent they are available to the defendant; (2) the defendant's ability to access credit; and (3) the diligence exercised by the defendant in pursuing employment or other means of satisfying his financial obligations.

(3)  In any case where the court finds that the defendant is unable to pay the assessment either on the date the sentence is imposed or later, the court may, if otherwise permitted by law: (i) defer or suspend payment of all or part of the assessment or order periodic payment; or (ii) allow the defendant to perform community service, pursuant to a plan submitted to and approved by the court. In any such deferral or order of periodic payment, the court shall, pursuant to RSA 490:26-a, II-a, include a $25.00 fee to be added to the assessment. Every hour of verified community service shall be applied against a fine at the rate of $15.00 an hour. A community service plan approved under this paragraph shall take into account the defendant's circumstances including but not limited to age, disability, health, employment, and access to child-care and transportation.

All

Comparison of the defendant's assets and income with the amount of the assessment.

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

Defer or suspend payment of all or part of the assessment or order periodic payment; or allow the defendant to perform community service.

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New Hampshire N.H. Rev. Stat. § 604-A:2-c Determination of Financial Ability

The determination of a defendant's financial ability to obtain counsel shall be made by comparing the defendant's assets and incomes with the minimum cost of obtaining qualified private counsel. The

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defendant's assets shall include all real and personal property owned in any manner by the defendant, excluding only those assets which are exempt from attachment and execution under RSA 511:2. The defendant's income shall include all income, whether earned or not, from any source, unless exempt from attachment under any state or federal law, and shall be reduced only by the amount of expenses which are reasonably necessary for the maintenance of the defendant and his dependents. In determining a defendant's financial ability to obtain counsel, the rules adopted by the commissioner under RSA 604-A:10, IV, shall contain a method for considering the defendant's ability to borrow some or all of the necessary funds. The rules shall also consider the possibility of the defendant paying his counsel fees in periodic installments.

All

Comparison of the defendant's assets and incomes with the minimum cost of obtaining qualified private counsel.

Before imposition of fine or fee Not provided for Not provided for Yes

Installment plan

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New Hampshire N.H. Rev. Stat. § 618:10 Petition for Discharge

Whenever a person under conviction for a criminal offense and confined in a county correctional facility is unable to pay the fine, the superior court, upon petition of the prisoner

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or the superintendent and satisfactory proof of such inability, may order the prisoner to be discharged upon such terms as they may think proper.

All

Not provided for

At defendant's request at enforcement Burden on defendant to show inability to pay Determined by judge after hearing No

Discharge from prison.

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New Hampshire N.H. Rev. Stat. § 499:18-b Waiver of Court Costs and Fees

Except as otherwise specifically provided by the rules of the court, any person, by reason of poverty, may seek relief from the payment of any fees provided by law which

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are payable to any court, clerk of court, or sheriff. The court, upon the application of such person, which application may be filed without fee, may, in its discretion, order the payment of such fees waived. In any case in which a person is represented by a legal aid society, a federally funded legal services project, or counsel assigned in accordance with the rules of the court, all filing costs shall be waived by the clerk without the necessity of a court order. Fees for the service of process by sheriffs shall be a charge against the state.

All

Poverty

At defendant's request before imposition of fine or fee Not provided for Other Yes

Fee waiver

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New Hampshire N.H. Rev. Stat. § 604-A:2-a Additional Inquiry

Whenever a court appoints counsel pursuant to the provisions of RSA 604-A:2, the court shall conduct an appropriate inquiry as to whether any person who, pursuant to RSA 546-A:2, is

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liable for the support of the defendant is financially able to pay for such defendant's counsel. If the court determines that the person liable for support is financially able to pay for said counsel, in whole or in part, the court shall enter an appropriate order requiring said person to reimburse the state for the representation provided; provided, however, that a child shall not be required to reimburse the state for representation provided to his mother or father, a parent shall not be required to reimburse the state for representation provided to a child 18 years of age or older, and any person who was a victim of the crime with which the defendant has been charged shall not be required to reimburse the state for the representation provided. For the purposes of this section, the inquiry conducted by the court shall include notice and hearing to the person liable for support.

All

N/A

Before imposition of fine or fee Not provided for Not provided for No

N/A