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 Mexico	N.M. Stat. Ann. § 31-20-6	Conditions of order deferring or suspending sentence	The defendant upon conviction shall be required to pay the actual costs of the defendant’s supervised probation service to the adult probation and parole division of the corrections department or + See more appropriate responsible agency for deposit to the corrections department intensive supervision fund not exceeding one thousand eight hundred dollars ($1,800) annually to be paid in monthly installments of not less than twenty-five dollars ($25.00) and not more than one hundred fifty dollars ($150), as set by the appropriate district supervisor of the adult probation and parole division, based upon the financial circumstances of the defendant. The defendant’s payment of the supervised probation costs shall not be waived unless the court holds an evidentiary hearing and finds that the defendant is unable to pay the costs. If the court waives the defendant’s payment of the supervised probation costs and the defendant’s financial circumstances subsequently change so that the defendant is able to pay the costs, the appropriate district supervisor of the adult probation and parole division shall advise the court and the court shall hold an evidentiary hearing to determine whether the waiver should be rescinded.	All	Not provided for	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	No	Fee waiver
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-16-7	Recovery from defendant	A. The district attorney may, on behalf of the state, recover payment or reimbursement, as the case may be, from each person who has received legal assistance or another benefit + See more under the Indigent Defense Act: (1) to which he was not entitled; (2) with respect to which he was not a needy person when he received it; or (3) with respect to which he has failed to make the certificate required by Section 62 B of the Indigent Defense Act and for which he refuses to pay. Suit must be brought within six years after the date on which the aid was received. B. The district attorney may, on behalf of the state, recover payment or reimbursement, as the case may be, from each person other than a person covered by SMayubsection A who has received legal assistance under the Indigent Defense Act and who, on the date on which suit is brought, is financially able to pay or reimburse the state for it according to the standards of ability to pay applicable under the Indigent Defense Act but refuses to do so. Suit must be brought within three years after the date on which the benefit was received.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	No	May not recover payment or reimbursement.
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-12-3(D)	Paying fines, fees, or costs in installments	If it appears that a defendant's default in the payment of a fine, fees or costs is not contumacious, the court may allow the defendant additional time for payment, reduce + See more the amount of the fine or of each installment, revoke the fine or the unpaid portion in whole or in part or require the defendant to perform community service in lieu of the fine, fees or costs.	All	Default not "contumacious"	At enforcement of fine or fee	Not provided for	Determined by judge without hearing	No	Additional time for payment, reduce the amount of the fine or of each installment, revoke the fine or the unpaid portion in whole or in part, or require the defendant to + See more perform community service in lieu payment.
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-12-3(A)	Paying fines, fees, or costs in installments	Any person sentenced to pay a fine or to pay fees and costs in any criminal proceeding against him, either in addition to or without a term of imprisonment, may + See more in the discretion of the court be allowed to pay such fine, fees or costs in installments of such amounts, at such times and upon such conditions as the court may fix. The defendant may also be required to serve a period of time in labor to be known as “community service” in lieu of all or part of the fine. If unable to pay the fees or costs, he may be granted permission to perform community service in lieu of them as well . . .	All	Not provided for	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	New Mexico	N.M. Stat. Ann. § 31-16-5(B)-(C)	Determination of indigency	B. In determining whether a person is a needy person and the extent of his inability to pay, the court concerned may consider such factors as income, property owned, outstanding obligations + See more and the number and ages of his dependents. Release on bail does not necessarily prevent him from being a needy person. In each case, the person shall, subject to the penalties for perjury, certify in writing or by other record material factors relating to his ability to pay as the court prescribes. C. To the extent that a person covered by Section 60 [31-16-3 NMSA 1978] of the Indigent Defense Act is able to provide for an attorney, the other necessary services and facilities of representation and court costs, the court may order him to provide for their payment.	All	Factors considered: income, property owned, outstanding obligations and number and age of dependents	Not provided for	Not provided for	Determined by judge without hearing	Yes	Representation provided without costs
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-15-12(C)	Explanation of rights; waiver of counsel; application fee; indigency determination	A person shall pay a non-refundable application fee of ten dollars ($10.00) at the time the person applies with the public defender for representation. The fee shall be deposited in + See more the public defender automation fund. The public defender shall determine if the person is indigent and unable to pay the fee, subject to review by the court. When the person remains in custody and is unable to pay the fee, the court may waive payment of the fee.	All	Not provided for	Before imposition of fine or fee	Not provided for	Other	No	Fee waiver
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 30-18-1.2(C)-(D)	Disposition of seized animals	C. An agent of the New Mexico livestock board, an animal control agency operated by the state, a county or a municipality, or an animal shelter or other animal welfare + See more organization designated by an animal control agency or an animal shelter, in the custody of which an animal that has been cruelly treated has been placed may petition the court to request that the animal's owner may be ordered to post security with the court to indemnify the costs incurred to care and provide for the seized animal pending the disposition of any criminal charges of committing cruelty to animals pending against the animal's owner. D. The court shall determine the amount of security while taking into consideration all of the circumstances of the case including the owner’s ability to pay, and may conduct periodic reviews of its order. If the posting of security is ordered, the animal control agency, animal shelter or animal welfare organization may, with permission of the court, draw from the security to indemnify the costs incurred to care and provide for the seized animal pending disposition of the criminal charges.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	N/A
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-1A-2(J)	Procedures for post-conviction consideration of DNA evidence; requirements	The cost of DNA testing ordered pursuant to this section shall be borne by the state or the petitioner, as the district court may order in the interest of justice. + See more Provided, that a petitioner shall not be denied DNA testing because of the petitioner's inability to pay for the cost of DNA testing.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Cost paid by state.
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-17-1(B)	Victim restitution	If the defendant is currently unable to make any restitution but there is a reasonable possibility that the defendant may be able to do so at some time during his + See more probation or parole 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 he will not be able to make any restitution, he shall so state and shall specify the reasons.	All	Unable to make restituion.	Before imposition of fine or fee	Burden on defendant to show inability to pay	Not provided for	No	N/A
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-20-6	Conditions of order deferring or suspending sentence	The magistrate, metropolitan or district court shall attach to its order deferring or suspending sentence reasonable conditions as it may deem necessary to ensure that the defendant will observe the + See more laws of the United States and the various states and the ordinances of any municipality . . . The defendant upon conviction shall be required to pay the actual costs of the defendant's supervised probation service to the adult probation and parole division of the corrections department or appropriate responsible agency for deposit to the corrections department intensive supervision fund not exceeding one thousand eight hundred dollars ($1,800) annually to be paid in monthly installments of not less than twenty-five dollars ($25.00) and not more than one hundred fifty dollars ($150), as set by the appropriate district supervisor of the adult probation and parole division, based upon the financial circumstances of the defendant. The defendant's payment of the supervised probation costs shall not be waived unless the court holds an evidentiary hearing and finds that the defendant is unable to pay the costs. If the court waives the defendant's payment of the supervised probation costs and the defendant's financial circumstances subsequently change so that the defendant is able to pay the costs, the appropriate district supervisor of the adult probation and parole division shall advise the court and the court shall hold an evidentiary hearing to determine whether the waiver should be rescinded.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	No	Fee waiver
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-21-10(G)(1)	Parole authority and procedure	G. Pursuant to the provisions of Section 31-18-15 NMSA 1978, the board shall require the inmate as a condition of parole: (1) to pay the actual costs of parole services + See more to the adult probation and parole division of the corrections department for deposit to the corrections department intensive supervision fund not exceeding one thousand eight hundred dollars ($1,800) annually to be paid in monthly installments of not less than twenty-five dollars ($25.00) and not more than one hundred fifty dollars ($150), as set by the appropriate district supervisor of the adult probation and parole division, based upon the financial circumstances of the defendant. The defendant's payment of the supervised parole costs shall not be waived unless the board holds an evidentiary hearing and finds that the defendant is unable to pay the costs. If the board waives the defendant's payment of the supervised parole costs and the defendant's financial circumstances subsequently change so that the defendant is able to pay the costs, the appropriate district supervisor of the adult probation and parole division shall advise the board and the board shall hold an evidentiary hearing to determine whether the waiver should be rescinded.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	No	Fee waiver
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 33-9-3	Community corrections grant fund; established; co-payments	A. There is created in the state treasury a special fund to be known as the “community corrections grant fund”. All money appropriated to the fund or accruing to it + See more as a result of gift, deposit, investments or other sources shall not be transferred to another fund or encumbered or disbursed in any manner except as provided in the Adult Community Corrections Act. The fund shall be for the purpose of providing programs and services for the diversion of criminal offenders to community-based settings. B. The department shall require criminal offenders who participate in a program and who receive services to make a co-payment to offset the cost of the services. The amount of the co-payment shall be based upon the offender's ability to pay. The department shall collect the co-payments and on a monthly basis deliver them to the state treasurer for deposit in the community corrections grant fund.	All	Not provided for	Before imposition of fine or fee	Not provided for	Administrative decision	No	Copayment sent based on ability to pay.
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 35-5-8(A)	Magistrate court; indigency standard; fee schedule; reimbursement	A. The magistrate court shall use a standard adopted by the public defender department to determine indigency of persons accused of crimes carrying a possible jail sentence.	All	Indigency	Not provided for	Not provided for	Not provided for	No	N/A
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 34-6-46(A)	District court; indigency standard; fee schedule; reimbursement	The district court shall use a standard adopted by the public defender department to determine indigency of persons accused of crimes carrying a possible jail sentence.	All	Indigent	Not provided for	Not provided for	Not provided for	No	N/A
Add to Dashboard + Create New	Oregon	Or. Rev. Stat. § 161.645	Ability to pay -- prior to imposition of fine	In determining whether to impose a fine and its amount, the court shall consider: (1) The financial resources of the defendant and the burden that payment of a fine will impose, + See more with due regard to the other obligations of the defendant; and (2) The ability of the defendant to pay a fine on an installment basis or on other conditions to be fixed by the court. [1971 c.743 §78]	All	(1) The financial resources of the defendant and the burden that payment of a fine will impose, with due regard to the other obligations of the defendant; and (2) The + See more ability of the defendant to pay a fine on an installment basis or on other conditions to be fixed by the court. [1971 c.743 §78]	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Payment plan
Add to Dashboard + Create New	Oregon	Or. Rev. Stat. § 135.050(1)	Eligibility for court-appointed counsel; financial statement; termination; civil liability	(1) Suitable counsel for a defendant shall be appointed by a municipal, county or justice court if:(a) The defendant is before a court on a matter described in subsection (5) + See more of this section; (b) The defendant requests aid of counsel; (c) The defendant provides to the court a written and verified financial statement; and (d) It appears to the court that the defendant is financially unable to retain adequate representation without substantial hardship in providing basic economic necessities to the defendant or the defendants dependent family.	All	Substantial hardship in providing basic economic necessities to the defendant or the defendants' dependent family	Not provided for	Not provided for	Determined by judge after hearing	Yes	N/A
Add to Dashboard + Create New	Oregon	Or. Rev. Stat. § 135.050(2)	Eligibility for court-appointed counsel; financial statement; termination; civil liability	(2) Suitable counsel for a defendant shall be appointed by a circuit court if: (a) The defendant is before the court on a matter described in subsection (5) of this + See more section; (b) The defendant requests aid of counsel; (c) The defendant provides to the court a written and verified financial statement; and (d)(A) The defendant is determined to be financially eligible under ORS 151.485 (Financial eligibility) and the standards established by the Public Defense Services Commission under ORS 151.216 (Duties); or (B) The court finds, on the record, substantial and compelling reasons why the defendant is financially unable to retain adequate representation without substantial hardship in providing basic economic necessities to the defendant or the defendants dependent family despite the fact that the defendant does not meet the financial eligibility standards established by the commission.	All	Substantial hardship in providing basic economic necessities to the defendant or the defendants dependent family despite the fact that the defendant does not meet the financial eligibility standards established by + See more the commission.	Not provided for	Not provided for	Determined by judge after hearing	Yes	N/A
Add to Dashboard + Create New	Oregon	Or. Rev. Stat. § 151.485(1)-(2)	Financial eligibility; determination; financial statement; termination of appointed counsel	(1) For purposes of determining the financial eligibility for appointed counsel of persons with a constitutional or statutory right to counsel in matters before the state courts and whose counsel + See more is authorized to be paid by the public defense services executive director under ORS 151.219 (Public defense services executive director), a person is financially eligible for appointed counsel if the person is determined to be financially unable to retain adequate counsel without substantial hardship in providing basic economic necessities to the person or the persons dependent family under standards established by the Public Defense Services Commission under ORS 151.216. (2) A determination of financial eligibility shall be made upon the basis of information contained in a detailed financial statement submitted by the person for whom counsel is requested or appointed or, in an appropriate case, by the persons parent, guardian or custodian. The financial statement shall be in the form prescribed by the Public Defense Services Commission. The form shall contain a full disclosure of all assets, liabilities, current income, dependents and other information required by ORS 135.050 (4) and, in addition, any information required by the commission and state courts as necessary to determine eligibility. The commission shall adopt uniform statewide guidelines and procedures that prescribe how to use the form and determine financial eligibility for appointed counsel.	All	Substantial hardship in providing basic economic necessities to the person or the persons dependent family under standards established by the Public Defense Services Commission under ORS 151.216.	Not provided for	Not provided for	Determined by judge after hearing	Yes	N/A
Add to Dashboard + Create New	Oregon	Or. Rev. Stat. § 137.106(4)(a)	Restitution to victims; objections by defendant	If a judgment or supplemental judgment described in subsection (1) of this section includes restitution, a court may delay the enforcement of the monetary sanctions, including restitution, only if the + See more defendant alleges and establishes to the satisfaction of the court the defendants inability to pay the judgment in full at the time the judgment is entered. If the court finds that the defendant is unable to pay, the court may establish or allow an appropriate supervising authority to establish a payment schedule, taking into consideration the financial resources of the defendant and the burden that payment of restitution will impose, with due regard to the other obligations of the defendant. The supervising authority shall be authorized to modify any payment schedule established under this section.	All	Not provided for	At defendant's request at enforcement	Burden on defendant to show inability to pay	Determined by judge after hearing	No	Payment Plan
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.

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