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	Oregon	Or. Rev. Stat. § 137.286(3)	Minimum fines for misdemeanors and felonies	A court may waive payment of the minimum fine established by this section, in whole or in part, if the court finds that requiring payment of the minimum fine would + See more be inconsistent with justice in the case. In making its determination under this subsection, the court shall consider: (a) The financial resources of the defendant and the burden that payment of the minimum fine will impose, with due regard to the other obligations of the defendant; and (b) The extent to which that burden can be alleviated by allowing the defendant to pay the monetary obligations imposed by the court on an installment basis or on other conditions to be fixed by the court.	Misdemeanor, Felony	Inconsistent with justice in the case; the financial resources of the defendant and the burden that payment of the minimum fine will impose, with due regard to the other obligations + See more of the defendant; and the extent to which that burden can be alleviated by allowing the defendant to pay the monetary obligations imposed by the court on an installment basis or on other conditions to be fixed by the court.	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Fine waiver in whole or in part.
Add to Dashboard + Create New	Oregon	Or. Rev. Stat. § 161.665(4)-(5)	Costs	(4) The court may not sentence a defendant to pay costs under this section unless the defendant is or may be able to pay them. In determining the amount and method + See more 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. (5) A defendant who has been sentenced to pay costs under this section and who is not in contumacious default in the payment of costs may at any time petition the court that sentenced the defendant for remission of the payment of costs or of any unpaid portion of costs. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the immediate family of the defendant, the court may enter a supplemental judgment that remits all or part of the amount due in costs, or modifies the method of payment under ORS 161.675.	All	Financial resources of the defendant and the nature of the burden that payment of costs will impose; amount due will impose manifest hardship on the defendant or the immediate family + See more of the defendant	At defendant's request at enforcement	Not provided for	Determined by judge without hearing	No	Cost not imposed; modifies method of payment or remission of payment.
Add to Dashboard + Create New	Oregon	Or. Rev. Stat. § 151.505(3)	Authority of court to order repayment of costs related to provision of appointed counsel	The court may not require a person to pay costs under this section unless the person is or may be able to pay the costs. In determining the amount and + See more method of payment of costs, the court shall take account of the financial resources of the person and the nature of the burden that payment of costs will impose.	All	Financial resources of the person and the nature of the burden that payment of costs will impose	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Costs not imposed
Add to Dashboard + Create New	Oregon	Or. Rev. Stat. § 423.570(6)	Monthly fee payable by person on supervised release; use; payment as condition of release; waiver	In cases of financial hardship or when otherwise advisable in the interest of the released person's rehabilitation: (a) The community corrections manager may waive or reduce the amount of the + See more fee. (b) The sentencing court may waive or reduce the amount of the fee for any person whom the court has sentenced to probation. If any of the fee requirement is reduced by the court, only the court may restore the requirement.	All	Financial hardship	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Waive or reduce amount of the fee
Add to Dashboard + Create New	Oregon	Or. Rev. Stat. § 135.891(2)	Required and permissive elements of diversion agreement; program fee	(2) As a condition of entering into a diversion agreement under ORS 135.881 to 135.901, the defendant must pay a program fee of $100. The court may waive all or + See more part of the fee in cases involving indigent defendants, or may provide for payment of the fee on an installment basis. A fee collected under this subsection in the circuit court shall be deposited by the clerk of the court in the Criminal Fine Account. If the fee is collected in a municipal or justice court, $35 of the fee shall be forwarded by the court to the Department of Revenue for deposit in the Criminal Fine Account, and the remainder of the fee shall be paid to the city or county treasurer.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Waive fee or provide for payment of the fee on an installment basis.

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