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
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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
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without 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.
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
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defendant 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.
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
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the 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.
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
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filing 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.
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
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in 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.
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

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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."

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
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pay 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.
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
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unable to pay the fee.
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
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court 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.
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
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the 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.
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.
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In 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.
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
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pay without undue hardship.
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
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time 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.
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
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the 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
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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Virginia Va. Code Ann. § 19.2-355 Petition of defendant
(a) In determining whether the defendant is unable to pay such fine forthwith, the court may require such defendant to file a petition, under oath, with the court, upon a
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form provided by the court, setting forth the financial condition of the defendant. (b) Such form shall be a questionnaire, and shall include, but shall not be limited to: the name and residence of the defendant; his occupation, if any; his family status and the number of persons dependent upon him; his monthly income; whether or not his dependents are employed and, if so, their approximate monthly income; his banking accounts, if any; real estate owned by the defendant, or any interest he may have in real estate; income produced therefrom; any independent income accruing to the defendant; tangible and intangible personal property owned by the defendant, or in which he may have an interest; and a statement listing the approximate indebtedness of the defendant to other persons. Such form shall also include a payment plan of the defendant, if the court should exercise its discretion in permitting the payment of such fine and costs in installments or other conditions to be fixed by the court.
All Not provided for Before imposition of fine or fee Not provided for Not provided for No

permitting the payment of such fine and costs in installments or other conditions to be fixed by the court

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Virginia Va. Code Ann. § 19.2-358(C) Show cause hearing on default
B. Following the order to show cause or following a capias issued for a defendant's failure to comply with a court order to appear issued pursuant to subsection A of
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§ 19.2-354, unless the defendant shows that his default was not attributable to an intentional refusal to obey the sentence of the court, or not attributable to a failure on his part to make a good faith effort to obtain the necessary funds for payment, or unless the defendant shows that any failure to appear was not attributable to an intentional refusal to obey the order of the court, the court may order the defendant confined as for a contempt for a term not to exceed sixty days or impose a fine not to exceed $500. The court may provide in its order that payment or satisfaction of the amounts in default at any time will entitle the defendant to his release from such confinement or, after entering the order, may at any time reduce the sentence for good cause shown, including payment or satisfaction of such amounts. C. If it appears that the default is excusable under the standards set forth in subsection B hereof, the court may enter an order allowing the defendant additional time for payment, reducing the amount due or of each installment, or remitting the unpaid portion in whole or in part.
All Not provided for At enforcement of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing No

additional time for payment, reducing the amount due or of each installment, or remitting the unpaid portion in whole or in part

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Virginia Va. Code Ann. § 19.2-363 Authority of Governor to grant relief from fines and penalties in case of deceased defendant
provided, that when the party against whom the fine or penalty has been imposed and judgment rendered therefor has departed this life leaving a spouse or children surviving, the Governor
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may remit such fine or penalty upon the certificate of the judge of the circuit court of the county or city wherein such fine or penalty was imposed and judgment rendered, that to enforce the same against the estate, real or personal, of the decedent, would impose hardship upon the spouse or children
All

would impose hardship upon the spouse or children

At defendant's request at enforcement Not provided for Determined by judge after hearing No

remittance

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Virginia Va. Code Ann. § 19.2-299.2(C) Local alcohol safety action program - ability to pay
If the referral is to the local alcohol safety action program, the program may charge a fee for the education and intervention component, or both, not to exceed $300, based
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upon the defendant's ability to pay.
All Not provided for Not provided for Not provided for Not provided for Yes

Not specified

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Virginia Va. Code Ann. § 53.1-150.1 Substance abuse treatment as condition of parole - exemptions
Any person who is granted parole and who is required to receive substance abuse treatment as a condition of parole shall contribute towards the cost of such treatment based upon
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his ability to pay, as established pursuant to regulations promulgated by the Board of Corrections. The regulations shall provide that (i) any fees collected for such treatment shall be paid directly to the service provider and (ii) any person may be exempt from the payment of such fees on the grounds of unreasonable hardship.
All

unreasonable hardship

Before imposition of fine or fee Not provided for Administrative decision Yes

exemption from payment of fees

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Virginia Va. Code Ann. § 18.2-57.3(D) Education/treatment program sliding scale fee structure
The court shall require the person entering such education or treatment program or services under the provisions of this section to pay all or part of the costs of the
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program or services, including the costs of any assessment, evaluation, testing, education and treatment, based upon the person's ability to pay. Such programs or services shall offer a sliding-scale fee structure or other mechanism to assist participants who are unable to pay the full costs of the required programs or services.
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

sliding scale fee structure