Data Explorer: Ability to pay | 50 State Criminal Justice Debt Tool

Ability to Pay

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Below are the ability to pay laws that meet your search criteria. Many include a See related provisions prompt which searches our database for laws that may pertain to your result.

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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	Virginia	Va. Code Ann. § 18.2-251	Program costs - ability to pay	The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of + See more the screening, assessment, testing, and treatment, based upon the accused's ability to pay unless the person is determined by the court to be indigent.	All	Indigence	Before imposition of fine or fee	Not provided for	Other	Yes	exemption from payment of fees
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 18.2-258.1(H)	Program costs - indigency	The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of + See more the screening, evaluation, testing and education, based upon the person's ability to pay unless the person is determined by the court to be indigent.	All	Indigence	Before imposition of fine or fee	Not provided for	Other	Yes	exemption from payment of fees
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	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 § 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.

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