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

Ability to Pay

Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.

Every law can be saved to the Reform Builder

See all ability to pay policy recommendations in CJPP’s Policy Guide

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.

30 Results

Export results to Excel

	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shall advise the court and the court shall hold an evidentiary hearing to determine whether the waiver should be rescinded.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	Tennessee	Tenn. Code Ann. § 39-13-101(b)(2)	Assault - Domestic Abuse	if the relationship between the defendant and the victim of the assault is such that the victim is a domestic abuse victim as defined in § 36-3-601, and if, as + See more determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred dollars ($200).	Misdemeanor	No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other + See more mitigating and enhancing factors.	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	Yes	Imposition of a lower fee
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 39-13-102(e)(2)	Aggravated Assault - Domestic Abuse	In addition to any other punishment that may be imposed for a violation of this section, if the relationship between the defendant and the victim of the assault is such + See more that the victim is a domestic abuse victim as defined in § 36-3-601, and if, as determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred dollars ($200).	All	No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other + See more mitigating and enhancing factors.	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	Yes	Imposition of a lower fee
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 39-13-111(c)(5)	Domestic Assault - Additional Fee	In addition to any other punishment that may be imposed for a violation of this section, if, as determined by the court, the defendant possesses the ability to pay a + See more fine in an amount not in excess of two hundred twenty-five dollars ($225), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred twenty-five dollars ($225).	All	No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other + See more mitigating and enhancing factors.	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	Yes	Imposition of a lower fee
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 39-13-709(e)	Sex Offender Conviction Tax	The court may waive all or any portion of the tax required by this section if the court finds that a person convicted of a sex offense is indigent or + See more financially unable to pay.	All	No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other + See more mitigating and enhancing factors.	Not provided for	Burden on defendant to show inability to pay	Determined by judge after hearing	No	Reduction or waiver of the fee
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 39-17-428(d)	Fines and Penalties; Mandatory Minimums; Allocation	(1) Unless the judge, using the applicable criteria set out in § 40-14-202(c), determines that a person convicted of violating this section is indigent, or that payment of the minimum + See more fine would result in a severe economic hardship, or such fine would otherwise not be in the interests of justice, the minimum fines imposed by this section shall be mandatory and shall not be reduced, suspended, waived or otherwise released by the court. No plea agreement shall be accepted by a court if the agreement attempts to reduce or suspend all or any portion of the mandatory fines imposed by this section unless the judge determines that one (1) of the conditions set out in the first sentence of this subdivision (d)(1) exists.(2) If the judge of a court of general sessions determines that it is necessary to reduce, suspend, waive or otherwise release the minimum fines imposed by this section, the judge shall assess the fine, and write on the warrant the amount of the fine, the fact that it is reduced, suspended, waived or released and the reasons for the reduction, suspension, waiver or release. If done by the judge of a court of record, the judge shall assess the fine and make a specific finding of fact on the record relative to the reduction, suspension, waiver or release and the reasons for the reduction, suspension, waiver or release.	All	No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other + See more mitigating and enhancing factors.	Not provided for	Burden on defendant to show inability to pay	Determined by judge after hearing	Yes	Reduction or waiver of the fee
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 40-39-305(b)	Sexual Offender Fee	The department may waive all or any portion of the fees required by this section if it determines that an offender is indigent or financially unable to pay all or + See more any portion of the fee. The department shall waive only that portion of the surcharge which the offender is financially unable to pay.	All	No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other + See more mitigating and enhancing factors.	Not provided for	Burden on defendant to show inability to pay	Determined by judge after hearing	No	Reduction or waiver of the fee

Ability to Pay

Timeline

Burden of proof

Method of determination

Mandatory

Narrrow results

Level of Offense

Ability to Pay

State

Keyword search

Reset

Timeline

Burden of proof

Method of determination

Mandatory

Narrrow results

Level of Offense