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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.
15 Results
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 | |
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New Hampshire | N.H. Rev. Stat. Ann. § 516:16-a | Defaults; Witness Fees for Law Enforcement Officers |
Any person who defaults on a scheduled court appearance on a motor vehicle offense shall be responsible for paying the current witness fee for any law enforcement officer required to attend such appearance, unless the court determines that such person is indigent.
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Traffic |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
Not specified |
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New Hampshire | N.H. Rev. Stat. Ann. § 631:2-b(V) | Domestic Violence |
In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction under this section. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this section. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Deferred payment; payment plan. |
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New Hampshire | N.H. Rev. Stat. Ann. § 651-D:2(V) | Post-Conviction DNA Testing of Biological Material |
The cost of DNA testing ordered under this section shall be paid by the petitioner, or by the state, if the petitioner is indigent as determined by the court. The court may appoint counsel for an indigent petitioner under this section.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Payment by the state |
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New Hampshire | N.H. Rev. Stat. § 604-A:9(I)(b) | Repayment |
The court shall enter a separate order, pursuant to the rules adopted by the commissioner of administrative services under RSA 604-A:10, IV, setting forth the terms of repayment of fees and expenses to the state, or if the court finds that the defendant is financially unable to make such payment or payments setting forth the reasons therefor. A copy of each order shall be forwarded to the commissioner of administrative services. Any defendant subject to an order under this section may petition the court for relief from the obligation imposed by this section, which may be granted only upon a finding that the defendant is unable to comply with the terms of the court's order or any modification of the order by the court. If the court does not order full payment for representation under RSA 604-A, the commissioner of administrative services or his designee shall perform an investigation to determine the defendant's present financial condition and his ability to make repayment and may petition the court for a new repayment order at any time within 6 years from the date of the original order.
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All | Not provided for | Not provided for | Not provided for | Determined by judge without hearing | Yes |
N/A |
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New Hampshire | N.H. Rev. Stat. Ann. § 631:2-b(V) | Domestic Violence |
In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction under this section. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this section. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof. Fines imposed under this section shall not be subject to an additional penalty assessment and shall not be subject to the provisions of RSA 618:8 or 618:9. The clerk shall forward all fines collected under this paragraph to the department of health and human services for the purposes of RSA 173-B:15.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Defer payment or order periodic payments. |
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New Hampshire | N.H. Rev. Stat. Ann. § 632-A:3(V)(b) | Felonious Sexual Assault |
In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as “felonious sexual assault-domestic violence” under this paragraph. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Defer payment or order periodic payments. |
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New Hampshire | N.H. Rev. Stat. Ann. § 631:2(III)(b) | Second Degree Assault |
In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as “second degree assault-domestic violence” under this paragraph. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Defer payment or order periodic payments. |
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New Hampshire | N.H. Rev. Stat. Ann. § 633:1(III)(b) | Kidnapping |
In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as “kidnapping-domestic violence” under this paragraph. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Defer payment or order periodic payments. |
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New Hampshire | N.H. Rev. Stat. Ann. § 631:3(IV)(b) | Reckless Conduct |
In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as “reckless conduct-domestic violence” under this paragraph. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Defer payment or order periodic payments. |
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New Hampshire | N.H. Rev. Stat. Ann § 632-A:2(V)(b) | Aggravated Felonious Sexual Assault |
In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as “aggravated felonious sexual assault-domestic violence” under this paragraph. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Defer payment or order periodic payments |
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New Hampshire | N.H. Rev. Stat. Ann. § 632-A:4(IV)(b) | Sexual Assault |
In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as “sexual assault-domestic violence” under this paragraph. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Defer payment or order periodic payments. |
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New Hampshire | N.H. Rev. Stat. Ann. § 633:3(VIII)(b) | Stalking |
In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as “stalking-domestic violence” under this paragraph. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Defer payment or order periodic payments.
|
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New Hampshire | N.H. Rev. Stat. Ann. § 651:2(V)(h) | Sentences and Limitations |
In cases of a person convicted of a felony or class A misdemeanor, a court may require such person to be screened and/or evaluated for risk of substance use disorders at an impaired driver care management program (IDCMP) approved by the department of health and human services, and to comply with the treatment plan developed by the IDCMP as established under RSA 265-A:40, if the evidence demonstrates that substances were a contributing factor in the commission of the offense and if such person has the ability to pay the fees for the program in full.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
N/A |
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New Hampshire | N.H. Rev. Stat. Ann. § 651:66 | Revocation of Restitution |
The supervising agency, or the offender who has been sentenced to pay restitution and has not inexcusably defaulted in payment thereof, may at any time petition the court which sentenced him for a revocation of any unpaid portion of the restitution. If the court finds that the circumstances which warranted the imposition of the restitution have changed, or that it would otherwise be unjust to require payment, the court may revoke the unpaid portion of the restitution in whole or in part, or modify the time and method of payment.
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All |
Circumstances which warranted the imposition of the restitution have changed, or that it would otherwise be unjust to require payment. |
At enforcement of fine or fee | Not provided for | Determined by judge without hearing | No |
Revoke the unpaid portion of the restitution in whole or in part, or modify the time and method of payment. |
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New Hampshire | N.H. Rev. Stat. Ann. § 604-A:2(I) | Appointment of Counsel |
In every criminal case in which the defendant is charged with a felony or a class A misdemeanor and appears without counsel, the court before which he or she appears shall advise the defendant that he or she has a right to be represented by counsel and that counsel will be appointed to represent him or her if he or she is financially unable to obtain counsel. Unless the defendant waives the appointment of counsel, if the defendant indicates to the court that he or she is financially unable to obtain counsel, the court shall instruct the defendant to complete a financial affidavit in such form as designated by the unit of cost containment. If after review of the financial affidavit and application of the rules established pursuant to RSA 604-A:10, IV the court is satisfied that the defendant is financially unable to obtain counsel, the court shall appoint counsel to represent him or her
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All |
Financially unable to obtain counsel |
Not provided for | Not provided for | Determined by judge without hearing | No |
Appointed counsel |
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For more information, please visit cjpp.law.harvard.edu.