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	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 + See more 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
Add to Dashboard + Create New	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 + See more 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 + See more 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
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 23A-3-28	Service of motion -- Fee	When a defendant or arrested person makes a motion under this section, the defendant or arrested person shall pay to the clerk of courts in the county where the motion + See more is filed a fee equal to the filing fee for a civil action. If the defendant or arrested person establishes to the court’s satisfaction that the person is indigent and unable to pay the fee, the court may waive the filing fee.	All	Indigent	Not provided for	Not provided for	Other	No	Waive filing fee
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 23A-32-16	Notice of appeal--Service on adverse parties--Perfection of appeal--Fee not required of indigent defendant	. . . Whenever an appeal is taken by an indigent, assigned counsel pursuant to § 23A-40-6, no filing fee need be paid and no undertaking need be furnished to + See more perfect such appeal.	All	Indigent	Not provided for	Not provided for	Other	Yes	Waive filing fee
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 24-2-28	Liability of inmate for cost of confinement — Exception	Each inmate under the jurisdiction of the Department of Corrections is liable for the cost of the inmate’s confinement which includes room and board charges; medical, dental, optometric, and psychiatric + See more services charges; vocational education training; and alcoholism treatment charges. However, if the secretary of corrections determines after considering the net income, net worth, number of dependents, and any existing obligations of the inmate, that the inmate is unable to pay, the secretary may waive all or part of the payment for the costs of the inmate’s confinement.	All	Net income, net worth, number of dependents, and any existing obligations of the inmate.	Not provided for	Not provided for	Other	No	Waive all or part of costs for confinement
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 24-11-32.1	Work release inmate — Restitution for prisoner maintenance cost	The board of county commissioners may require by resolution that a sum not to exceed the average daily prisoner cost may be charged to work release inmates of county jails + See more as restitution to be applied toward prisoner maintenance cost, including but not limited to, room and board. In instances of undue hardship, the commissioners may reduce or waive the charges.	All	Undue hardship	Not provided for	Not provided for	Other	No	Reduce or waive charges
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 24-11-45	Prisoner liable for costs of confinement — Waiver	A prisoner confined to any jail while serving a sentence is liable for the cost of the prisoner’s confinement including room and board charges; medical, dental, optometric, and psychiatric services + See more charges; vocational education training; chemical dependency treatment charges; and transportation costs as set forth in subdivision 7-12-18(4), where transporting the prisoner is required. If, after considering the prisoner’s net income, net worth, number of dependents, and any existing obligations, the judge who sentenced the prisoner to jail determines that the prisoner is unable to pay the full amount at one time, the judge may allow the prisoner to set up a deferred payment plan for payment for the costs of the inmate’s confinement or waive all or part of the payment if the prisoner demonstrates an inability to pay.	All	Prisoner's net income, net worth, number of dependents, and any existing obligations	Not provided for	Not provided for	Other	No	Waive all or part of costs for confinement
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 16-2-29.2; S.D. Codified Laws § 16-2-29.3	Waiver of filing fees and service costs--Motion to court; Waiver of filing fees--Affidavit of inability to pay	29.2: A court may waive the payment of filing fees and service costs accruing by reason of a civil action or proceeding or any criminal proceeding on motion to the + See more court upon the affidavit of the moving party and the entry of an order thereon. 29.3: The affidavit required by § 16-2-29.2 of the moving party shall state the moving party's inability to pay; the nature of the action, proceeding, or appeal; and a short concise statement of facts upon which the moving party believes he is entitled to redress.	All	N/A	Not provided for	Burden on defendant to show inability to pay	Other	No	Fee is waived.
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 23A-28-3	Plan of restitution--Present inability to make restitution--No pecuniary damages suffered--Hearing--Condition of parole	If the sentencing court orders the defendant to the county jail, suspended imposition of sentence, suspended sentence, or probation, the court may require as a condition that the defendant, in + See more cooperation with the court services officer assigned to the defendant, promptly prepare a plan of restitution, including the name and address of each victim, a specific amount of restitution to each victim, and a schedule of restitution payments. If the defendant is presently unable to make any restitution, but there is a reasonable possibility that the defendant may be able to do so at some time during the defendant's probation period, the plan of restitution shall also state the conditions under which or the event after which the defendant will make restitution. If the defendant believes that no person suffered pecuniary damages as a result of the defendant's criminal activities, the defendant shall so state. If the defendant contests the amount of restitution recommended by the court services officer, the defendant is entitled to a hearing at which the court shall determine the amount. If the sentencing court orders the defendant to the state penitentiary and does not suspend the sentence, the court shall set forth in the judgment the names and specific amount of restitution owed each victim. The Department of Corrections shall establish the collection schedule for court-ordered restitution while the defendant is in the penitentiary and on parole. The Board of Pardons and Paroles shall require, as a condition of parole, that the defendant pay restitution ordered by the court.	All	Not provided for	Before imposition of fine or fee	Not provided for	Administrative decision	No	Payment plan/delay start of payments until later date.
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 16-2-42	Waiver of surcharge--Conditions	The surcharge provided for in § 16-2-39 may be waived in the manner provided for in §§ 16-2-29.2 to 16-2-29.4, inclusive. If a fine is suspended in whole or in part, the + See more surcharge provided for in § 16-2-41 may not be reduced. However, the judge may waive all or any part of the payment of the surcharge which would work a hardship on the person convicted or on his immediate family.	All	Hardship on the person convicted or on his immediate family	Not provided for	Not provided for	Other	No	Fee is waived in amount determined.
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 23A-40-6	Arrest or detention without formal charge--Assignment of counsel--Certification of indigency required	In any criminal investigation or in any criminal action or action for revocation of suspended sentence or probation in the circuit or magistrate court or in a final proceeding to + See more revoke a parole, if it is satisfactorily shown that the defendant or detained person does not have sufficient money, credit, or property to employ counsel and pay for the necessary expenses of his representation, the judge of the circuit court or the magistrate shall, upon the request of the defendant, assign, at any time following arrest or commencement of detention without formal charges, counsel for his representation, who shall appear for and defend the accused upon the charge against him, or take other proper legal action to protect the rights of the person detained without formal charge. In each case, the indigent person, subject to the penalties for perjury, shall certify in writing or by other record such material factors relating to his ability to pay as the court prescribes.	All	Does not have sufficient money, credit, or property to employ counsel and pay for the necessary expenses of his representation; indigdent.	Not provided for	Burden on defendant to show inability to pay	Not provided for	No	Assign counsel
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 223A-27-25.5	Hearing required prior to imprisonment or jailing for failure to pay fine, costs, and restitution--Burden of proof--Computation of time to be served	No defendant may be imprisoned or jailed for failure to pay a fine, costs, or restitution or have any suspended prison or jail sentence revoked without a prior hearing. At + See more the hearing, the defendant has the burden of proof to establish to the reasonable satisfaction of the magistrate or circuit judge that the defendant did not willfully fail to pay the fine, costs, or restitution or that the defendant did make a bona fide effort to pay the fine, costs, or restitution. Failure by the defendant to make such a showing is grounds for being imprisoned or jailed. If the sentence provided for payment of fine or costs only, the term of jail or imprisonment may be no longer than the number of days equal to the total amount of the fine or costs imposed divided by sixty. For purposes of making this computation, any fraction of less than one day shall be dropped from the term of imprisonment. In no event may such imprisonment for failure to pay the fine, costs, and restitution together with all other time served or to be served exceed the maximum allowed by statute. If the defendant establishes that nonpayment was not willful or that the defendant did make a bona fide effort to pay, the defendant may not be imprisoned or jailed for nonpayment. The magistrate or circuit judge shall consider other alternatives which take into account the state's interest in punishment and deterrence. The court shall make findings in its decision.	All	Did not willfully fail to pay the fine, costs, or restitution or that the defendant did make a bona fide effort to pay the fine, costs, or restitution.	At enforcement of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	No	Cannot be imprisoned for default on payment.
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 19.2-355	Petition of defendant	(a) In determining whether the defendant is unable to pay such fine forthwith, the court may require such defendant to file a petition, under oath, with the court, upon a + See more form provided by the court, setting forth the financial condition of the defendant. (b) Such form shall be a questionnaire, and shall include, but shall not be limited to: the name and residence of the defendant; his occupation, if any; his family status and the number of persons dependent upon him; his monthly income; whether or not his dependents are employed and, if so, their approximate monthly income; his banking accounts, if any; real estate owned by the defendant, or any interest he may have in real estate; income produced therefrom; any independent income accruing to the defendant; tangible and intangible personal property owned by the defendant, or in which he may have an interest; and a statement listing the approximate indebtedness of the defendant to other persons. Such form shall also include a payment plan of the defendant, if the court should exercise its discretion in permitting the payment of such fine and costs in installments or other conditions to be fixed by the court.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	No	permitting the payment of such fine and costs in installments or other conditions to be fixed by the court

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