50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
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.
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See all ability to pay policy recommendations in CJPP’s Policy Guide
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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.
2 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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Ohio | Ohio Rev. Code § 2929.38(A) | Establishment of policy requiring payment of reception fee, fee for medical or dental treatment, or fee for random drug test |
. . . The fee for the medical treatment or service shall not exceed the actual cost of the treatment or service provided. No prisoner confined in the local detention facility shall be denied any necessary medical care because of inability to pay the fees.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Administrative decision | No |
Cannot be denied medicare care. |
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Washington | Wash. Rev. Code Ann 9.94A.780(1) | Offender supervision intake fees |
The department may exempt or defer a person from the payment of all or any part of the intake fee based upon any of the following factors:(a) The offender has diligently attempted but has been unable to obtain employment that provides the offender sufficient income to make such a payment. (b) The offender is a student in a school, college, university, or a course of vocational or technical training designed to fit the student for gainful employment. (c) The offender has an employment handicap, as determined by an examination acceptable to or ordered by the department. (d) The offender's age prevents him or her from obtaining employment. (e) The offender is responsible for the support of dependents and the payment of the intake fee constitutes an undue hardship on the offender. (f) Other extenuating circumstances as determined by the department.
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All |
Multifactor test: income insufficient for payment, status as student, employment handicap, age, dependents, and other extenuating circumstances |
Not provided for | Not provided for | Administrative decision | No |
Exemption or deferral of payment |
The Criminal Justice Debt Reform Builder is a project of the National Criminal Justice Debt Initiative of the Criminal Justice Policy Program at Harvard Law School in collaboration with the Berkman Klein Center for Internet & Society at Harvard University and with user experience design by metaLAB (at) Harvard.
For more information, please visit cjpp.law.harvard.edu.