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33 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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North Dakota | N.D. Cent. Code § 12.1-32-05(1) | Imposition of fine--Response to nonpayment |
1. The court, in making a determination of the propriety of imposing a sentence to pay a fine, shall consider the following factors:a. The ability of the defendant to pay + See morewithout undue hardship.
b. Whether the defendant, other than a defendant organization, gained money or property as a result of commission.
c. Whether the sentence to pay a fine will interfere with the defendant's capacity to make restitution.
d. Whether a sentence to pay a fine will serve a valid rehabilitative purpose.
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All |
ability of the defendant to pay without undue hardship |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
fine not imposed |
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North Dakota | N.D. Cent. Code § 12.1-32-08(1) | Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation |
Before imposing restitution or reparation as a sentence or condition of probation, the court shall hold a hearing on the matter with notice to the prosecuting attorney and to the + See moredefendant as to the nature and amount of restitution. The court, when sentencing a person adjudged guilty of criminal activities that have resulted in pecuniary damages, in addition to any other sentence the court may impose, shall order that the defendant make restitution to the victim or other recipient as determined by the court, unless the court states on the record, based upon the criteria in this subsection, the reason it does not order restitution or orders only partial restitution. Restitution must include payment to the owner of real property that is contaminated by the defendant in the manufacturing of methamphetamine for the cost of removing the contamination and returning the property to the property's condition before contamination and to any other person that has incurred costs in decontaminating the property. In determining whether to order restitution, the court shall take into account:
a. The reasonable damages sustained by the victim or victims of the criminal offense, which damages are limited to those directly related to the criminal offense and expenses actually incurred as a direct result of the defendant's criminal action. This can include an amount equal to the cost of necessary and related professional services and devices relating to physical, psychiatric, and psychological care. The defendant may be required as part of the sentence imposed by the court to pay the prescribed treatment costs for a victim of a sexual offense as defined in chapters 12.1-20 and 12.1-27.2.
b. The ability of the defendant to restore the fruits of the criminal action or to pay monetary reparations, or to otherwise take action to restore the victim's property.
c. The likelihood that attaching a condition relating to restitution or reparation will serve a valid rehabilitational purpose in the case of the particular offender considered.The court shall fix the amount of restitution or reparation, which may not exceed an amount the defendant can or will be able to pay, and shall fix the manner of performance of any condition or conditions of probation established pursuant to this subsection. The court shall order restitution be paid to the division of adult services for any benefits the division has paid or may pay under chapter 54-23.4 unless the court, on the record, directs otherwise. Any payments made pursuant to the order must be deducted from damages awarded in a civil action arising from the same incident. An order that a defendant make restitution or reparation as a sentence or condition of probation may, unless the court directs otherwise, be filed, transcribed, and enforced by the person entitled to the restitution or reparation or by the division of adult services in the same manner as civil judgments rendered by the courts of this state may be enforced.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes | Not provided for |
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North Dakota | N.D. Cent. Code § 12.1-32-08(5) | Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation |
If the court finds that the defendant is unable to pay a fine, supervision fee, reimbursement for indigent defense costs and expenses, or restitution or reparations, the court may order + See morethe defendant to perform reasonable assigned work in lieu of all or part of a fine, a supervision fee, reimbursement for indigent defense costs and expenses, or restitution or reparations. The defendant may not perform reasonable assigned work in lieu of restitution or reparations unless the person entitled to restitution or reparations has consented in writing or on the record.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
reasonable assigned work in lieu of all or part of paynment |
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North Dakota | N.D. Cent. Code § 29-26-22.2 | Authority to compromise judgment by county commissioners |
The board of county commissioners has authority to compromise and settle any judgment for fines or costs payable to the county treasury after a lapse of two years from the + See morefiling thereof, if in the opinion of said board said judgment cannot be collected in full. Upon receipt of a certified copy of the board's action, the state's attorney of said county shall in accordance therewith make and file a partial or total satisfaction of said judgment as attorney for the county.
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All | Not provided for | Not provided for | Not provided for | Administrative decision | No | Not provided for |
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North Dakota | N.D. Cent. Code § 29-26-22(4) | Judgment for fines--Court administration fee--Community service supervision fee--Special funds--Docketing and enforcement |
A court may waive the administration fee or community service supervision fee upon a showing of indigency as provided in section 25-03.1-13. District court administration fees, exclusive of amounts deposited + See morein the indigent defense administration fund and the court facilities and improvement fund, and forfeitures must be deposited in the state general fund. A judgment that the defendant pay a fine or fees, or both, may be docketed and if docketed constitutes a lien upon the real estate of the defendant in like manner as a judgment for money rendered in a civil action. The court may allow the defendant to pay any assessed administration fee or community service supervision fee in installments. When a defendant is assessed administration fees or a community service supervision fee, the court may not impose at the same time an alternative sentence to be served if the fees are not paid.
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All |
The statute refers to N.D. Cent. Code § 25-03.1-13(4), which contains a general provision about indigency: "If the court determines that the respondent is indigent, the court shall order that appointed counsel be compensated from county funds of the county that is the respondent's place of residence in a reasonable amount based upon time and expenses. After notice and hearing, the court may order a respondent with appointed counsel to reimburse the county for expenditures made on the respondent's behalf."
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Not provided for | Not provided for | Not provided for | No |
Court may waive the administration fee or community service supervision fee. |
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North Dakota | N.D. Cent. Code § 12.1-32-08(1) | Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation |
In determining whether to order restitution, the court shall take into account: . . . The ability of the defendant to restore the fruits of the criminal action or to + See morepay monetary reparations, or to otherwise take action to restore the victim's property. . . . The court shall fix the amount of restitution or reparation, which may not exceed an amount the defendant can or will be able to pay, and shall fix the manner of performance of any condition or conditions of probation established pursuant to this subsection.
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All |
ability of defendant to pay monetary reparations |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
amount of restitution shall not exceed ability to pay |
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North Dakota | N.D. Cent. Code § 27-01-10(3) | Fee assessments for funding crime victim and witness programs |
The district or municipal judge may assess the fee when sentence is imposed or when sentence is suspended or imposition of sentence is deferred, unless the defendant is indigent and + See moreunable to pay the fee.
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All |
indigent and unable to pay the fee |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
fee is not assessed |
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North Dakota | N.D. Cent. Code § 29-07-1.1 | Payment of expenses for defense of indigents--Reimbursement of indigent defense costs and expenses--Indigent defense administration fund--Continuing appropriation |
For an application for indigent defense services in the district court, a nonrefundable application fee of thirty-five dollars must be paid at the time the application is submitted. The district + See morecourt may extend the time for payment of the fee or may waive or reduce the fee if the court determines the defendant is financially unable to pay all or part of the fee.
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All |
financially unable to pay all or part of the fee |
At enforcement of fine or fee | Not provided for | Not provided for | Yes |
extend time for payment; reduce fee |
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North Dakota | N.D. Cent. Code § 29-26-22(4) | Judgment for fines--Court administration fee--Community service supervision fee--Special funds--Docketing and enforcement | A court may waive the administration fee or community service supervision fee upon a showing of indigence as provided in section 25-03.1-13. | All |
indigence as provided in section 25-03.1-13 |
Before imposition of fine or fee | Not provided for | Not provided for | No |
fee may be waived; defendant may be allowed to pay in installments |
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North Dakota | N.D. Cent. Code § 12.1-32-08(4)(a) | Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation |
Under section 12.1-32-07, the court may order that the defendant reimburse indigent defense costs and expenses as a condition of probation. Unless it finds that there is no likelihood that + See morethe defendant is or will be able to pay attorney's fees and expenses, the court, in its judgment of conviction, and in any order or amended judgment following a revocation or other postjudgment proceeding, shall notify the defendant, the defendant's probation officer, and the prosecuting attorney of the presumed amount of costs and expenses to be reimbursed, as determined by the commission on legal counsel for indigents, and of the right to a hearing on the reimbursement amount. The reimbursement amount must include an application fee imposed under section 29-07-01.1 if the fee has not been paid before disposition of the case and the court has not waived payment of the fee. If the defendant or prosecutor requests a hearing within thirty days of receiving notice under this subdivision, the court shall schedule a hearing at which the actual amount of attorney's fees and expenses must be shown. In determining the amount and method of reimbursement, the court shall consider the financial resources of the defendant and the nature of the burden that reimbursement of costs and expenses will impose.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
reimbursement is waived |
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North Dakota | N.D. Cent. Code § 12.1-32-02.2(1) | Repayment of rewards paid by crimestoppers programs--Duties of attorney general--Qualified local programs--Disbursement of moneys collected |
1. After a defendant has been convicted of a felony, the court may order the defendant to repay all or part of any reward paid by a qualified local program. + See moreIn determining whether the defendant must repay the reward or part of the reward, the court shall consider: a. The ability of the defendant to make the payments, including any financial hardship that payment may cause to the defendant's dependents.
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Felony |
ability of the defendant to make the payments, including any financial hardship that payment may cause to the defendant's dependents |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
defendant pays part or non of the reward |
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North Dakota | N.D. Cent. Code § 12.1-32-05 | Imposition of fine--Response to nonpayment |
1. The court, in making a determination of the propriety of imposing a sentence to pay a fine, shall consider the following factors: a. The ability of the defendant to + See morepay without undue hardship.
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All |
ability of the defendant to pay without undue hardship |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
fine not imposed |
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North Dakota | N.D. Cent. Code § 12.1-32-08(4)(b) | Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation |
A defendant who is required to reimburse indigent defense costs and expenses as a condition of probation and who is not willfully in default in that reimbursement may at any + See moretime petition the court that imposed the condition to waive reimbursement of all or any portion of the costs and expenses. If the court is satisfied that reimbursement of the amount due will impose undue hardship on the defendant or the defendant's immediate family, the court may waive reimbursement of all or any portion of the amount due or modify the method of payment.
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All |
the amount due will impose undue hardship on the defendant or the defendant's immediate family |
At defendant's request at enforcement | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
waived |
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North Dakota | N.D. Cent. Code § 12.1-32-08(4)(a) | Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation |
Under section 12.1-32-07, the court may order that the defendant reimburse indigent defense costs and expenses as a condition of probation. Unless it finds that there is no likelihood that + See morethe defendant is or will be able to pay attorney's fees and expenses, the court, in its judgment of conviction, and in any order or amended judgment following a revocation or other postjudgment proceeding, shall notify the defendant, the defendant's probation officer, and the prosecuting attorney of the presumed amount of costs and expenses to be reimbursed, as determined by the commission on legal counsel for indigents, and of the right to a hearing on the reimbursement amount
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All |
there is no likelihood that the defendant is or will be able to pay attorney's fees and expense |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
costs may not be imposed |
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Vermont | Vt. Stat. Ann. tit. 13 § 5238(f) | Co-payment and reimbursement orders |
A person who may be or has been ordered to pay all or part of the cost of representation by co-payment or reimbursement order may at any time petition the court making the order for remission of all of the amount or any part thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardships on the defendant or the defendant's immediate family or that the circumstances of case disposition and the interests of justice so require, the court may remit all or part of the amount due or modify the method of payment.
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All |
Payment of the amount due will impose manifest hardships on the defendant or the defendant's immediate family or that the circumstances of case disposition and the interests of justice so require.
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At defendant's request before imposition of fine or fee | Burden on defendant to show inability to pay | Other | No |
Court will remit all or part of the amount due or modify the method of payment. |
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Vermont | Vt. Stat. Ann. tit. 13 § 7180(c)(3),(4)(C) | Remedies for failure to pay fines, costs, surcharges, and penalties |
(c) Civil contempt proceeding. (3) Hearing. -- The hearing shall be conducted in a summary manner. The court shall examine the defendant and any other witnesses and may require the defendant to produce documents relevant to the defendant's ability to pay the amount due. Evidence is admissible if it is of a type commonly relied upon by a reasonably prudent person in the conduct of his or her affairs. The Vermont Rules of Evidence shall not apply except that the rules related to privilege shall apply. The State shall not be a party except with the permission of the court. The defendant may be represented by counsel at the defendant's own expense.
(4)(C) If the court concludes that the defendant is not in contempt because the defendant does not have the ability to pay the amount due, the court may: (i) suspend all or any part of the amount due in the interests of justice, except that the court may not waive surcharges imposed pursuant to section 7282 of this title; (ii) order the defendant to participate in the Restorative Justice Program conducted by a community reparative board and direct the reparative board to determine an appropriate amount of community service to be performed in lieu of all or part of the amount due. |
All |
Not provided for |
At enforcement of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | Yes |
Suspend all or any part of the amount due in the interests of justice, except that the court may not waive surcharges imposed pursuant to section 7282 of this title; order the defendant to participate in the Restorative Justice Program conducted by a community reparative board and direct the reparative board to determine an appropriate amount of community service to be performed in lieu of all or part of the amount due.
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Vermont | Vt. Stat. Ann. tit. 13 § 7180(f) | Community service for traffic offense |
(f) (1) A defendant who is not incarcerated may file a motion to convert all or part of a traffic offense fine to community service. The court may grant the motion if the defendant establishes that he or she has made a good faith effort to pay the fine but is unable to do so. A fine converted to community service pursuant to this subsection shall not be considered a modification of sentence and shall not be subject to the time limits of Vermont Rule of Criminal Procedure 35.
(2) Community service performed pursuant to a motion granted under this subsection shall be: (A) credited against outstanding fines at the then-existing rate of the Vermont minimum wage: (B) monitored by Diversion, a restorative justice panel of a community justice center, or a similar entity approved by the court, that shall report on the defendant's compliance status to the court; (C) performed in the county where the offense occurred. (3) A conversion of a fine to community service under this subsection: (A) shall not apply to surcharges, court costs, or other assessments; (B) shall be in addition to the contempt procedures applicable under this section. |
Traffic |
Made a good faith effort to pay the fine but is unable to do so. |
At defendant's request at enforcement | Burden on defendant to show inability to pay | Other | No |
Convert to community service |
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Vermont | Vt. Stat. Ann. tit. 13 § 2022 | Bad checks |
A person who issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee, shall be imprisoned for not more than one year or fined not more than $ 1,000.00, or both. The court shall order restitution in the amount of the check or order, together with a service charge not to exceed $ 5.00, if it is established that the defendant has the ability to pay.
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Misdemeanor |
Not provided for |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
No restitution or service charge ordered |
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Vermont | Vt. Stat. Ann. tit. 13 § 7043(d)(2),(e)(1) | Restitution |
(d) In awarding restitution, the Court shall make findings with respect to: . . . (2) The offender's current ability to pay restitution, based on all financial information available to the Court, including information provided by the offender.
(e)(1) An order of restitution shall establish the amount of the material loss incurred by the victim, which shall be the restitution judgment order. In the event the offender is unable to pay the restitution judgment order at the time of sentencing, the court shall establish a restitution payment schedule for the offender based upon the offender's current and reasonably foreseeable ability to pay, subject to modification under subsection (l) of this section. |
All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | Yes |
Payment plan |
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Vermont | Vt. Stat. Ann. tit. 13 § 5238(b) | Co-payment and reimbursement orders |
(b) The court shall require any person assigned counsel pursuant to section 5236 of this title to pay for all or part of the cost of representation based upon his or her ability to pay. Unless the person and cohabiting family members are found to be financially unable to pay, in all cases the court shall order a minimum payment of $ 50.00.
(f) A person who may be or has been ordered to pay all or part of the cost of representation by co-payment or reimbursement order may at any time petition the court making the order for remission of all of the amount or any part thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardships on the defendant or the defendant's immediate family or that the circumstances of case disposition and the interests of justice so require, the court may remit all or part of the amount due or modify the method of payment. |
All |
Manifest hardships on the defendant or the defendant's immediate family or that the circumstances of case disposition and the interests of justice so require |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Not having to pay the cost or minimum fee for representation; court may remit all or part of the amount due or modify the method of payment. |
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