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

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
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2743.70(1)	Additional court costs and bail to be charged	(1) The court, in which any person is convicted of or pleads guilty to any offense other than a traffic offense that is not a moving violation, shall impose the following + See more sum as costs in the case in addition to any other court costs that the court is required by law to impose upon the offender: (a) Thirty dollars, if the offense is a felony; (b) Nine dollars, if the offense is a misdemeanor. The court shall not waive the payment of the thirty or nine dollars court costs, unless the court determines that the offender is indigent and waives the payment of all court costs imposed upon the indigent offender. All such moneys shall be transmitted on the first business day of each month by the clerk of the court to the treasurer of state and deposited by the treasurer in the reparations fund.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Fee waiver
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2929.19(B)(5)	Sentencing hearing	Before imposing a financial sanction under section 2929.18 of the Revised Code or a fine under section 2929.32 of the Revised Code, the court shall consider the offender's present and future ability to + See more pay the amount of the sanction or fine.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Likely no requirement to pay financial sanction
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2743.70(A)(2)	Additional costs in criminal cases in all courts to fund reparations payments	(2) The juvenile court in which a child is found to be a delinquent child or a juvenile traffic offender for an act which, if committed by an adult, would be + See more an offense other than a traffic offense that is not a moving violation, shall impose the following sum as costs in the case in addition to any other court costs that the court is required or permitted by law to impose upon the delinquent child or juvenile traffic offender: (a) Thirty dollars, if the act, if committed by an adult, would be a felony; (b) Nine dollars, if the act, if committed by an adult, would be a misdemeanor. The thirty or nine dollars court costs shall be collected in all cases unless the court determines the juvenile is indigent and waives the payment of all court costs, or enters an order on its journal stating that it has determined that the juvenile is indigent, that no other court costs are to be taxed in the case, and that the payment of the thirty or nine dollars court costs is waived. All such moneys collected during a month shall be transmitted on or before the twentieth day of the following month by the clerk of the court to the treasurer of state and deposited by the treasurer in the reparations fund.	Traffic	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Likely no requirement to pay financial sanction
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2949.091(A)(1)(b)	Fees and costs	The court shall not waive the payment of the additional thirty-, twenty-, or ten-dollar court costs, unless the court determines that the offender is indigent and waives the payment of + See more all court costs imposed upon the indigent offender.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Fee waiver
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2949.091(A)(1)	Additional court costs or bail	(a) The court in which any person is convicted of or pleads guilty to any offense shall impose one of the following sums as costs in the case in addition to + See more any other court costs that the court is required by law to impose upon the offender: (i) Thirty dollars if the offense is a felony; (ii) Twenty dollars if the offense is a misdemeanor other than a traffic offense that is not a moving violation; (iii) Ten dollars if the offense is a traffic offense that is not a moving violation, excluding parking violations. (b) All moneys collected pursuant to division (A)(1)(a) of this section during a month shall be transmitted on or before the twentieth day of the following month by the clerk of the court to the treasurer of state and deposited by the treasurer of state to the credit of the indigent defense support fund established under section 120.08 of the Revised Code. The court shall not waive the payment of the additional thirty-, twenty-, or ten-dollar court costs, unless the court determines that the offender is indigent and waives the payment of all court costs imposed upon the indigent offender.	All	Indigent	Not provided for	Not provided for	Determined by judge without hearing	No	Fee waiver
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2151.54	Fees and costs	If a child is adjudicated to be a delinquent child or a juvenile traffic offender and the juvenile court specifically is required, by section 2743.70 or 2949.091 of the Revised Code or any + See more other section of the Revised Code, to impose a specified sum of money as court costs in addition to any other court costs that the court is required or permitted by law to impose, the court shall not waive the payment of the specified additional court costs that the section of the Revised Code specifically requires the court to impose unless the court determines that the child is indigent and the court either waives the payment of all court costs or enters an order in its journal stating that no court costs are to be taxed in the case.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Waives the payment of all court costs or enters an order in its journal stating that no court costs are to be taxed in the case
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2949.094(B)	Additional court costs for drug law enforcement, justice program services, and indigent drivers alcohol treatment funds	(B) The juvenile court in which a child is found to be a juvenile traffic offender for an act that is a moving violation shall impose an additional court cost + See more of ten dollars upon the juvenile traffic offender. The juvenile court shall not waive the payment of the ten dollars unless the court determines that the juvenile is indigent and waives the payment of all court costs imposed upon the indigent offender.	All	Indigent	Not provided for	Not provided for	Determined by judge without hearing	No	Fee waiver
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2151.54	Fees and costs	The juvenile court shall tax and collect the same fees and costs as are allowed the clerk of the court of common pleas for similar services. No fees or costs + See more shall be taxed in cases of delinquent, unruly, dependent, abused, or neglected children except as required by section 2743.70 or 2949.091 of the Revised Code or when specifically ordered by the court. The expense of transportation of children to places to which they have been committed, and the transportation of children to and from another state by police or other officers, acting upon order of the court, shall be paid from the county treasury upon specifically itemized vouchers certified to by the judge. If a child is adjudicated to be a delinquent child or a juvenile traffic offender and the juvenile court specifically is required, by section 2743.70 or 2949.091 of the Revised Code or any other section of the Revised Code, to impose a specified sum of money as court costs in addition to any other court costs that the court is required or permitted by law to impose, the court shall not waive the payment of the specified additional court costs that the section of the Revised Code specifically requires the court to impose unless the court determines that the child is indigent and the court either waives the payment of all court costs or enters an order in its journal stating that no court costs are to be taxed in the case.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Fee waiver or order that no court costs are to be taxed in the case
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2949.094(A)	Additional court costs for moving violations	The court in which any person is convicted of or pleads guilty to any moving violation shall impose an additional court cost of ten dollars upon the offender. The court + See more shall not waive the payment of the ten dollars unless the court determines that the offender is indigent and waives the payment of all court costs imposed upon the indigent offender.	Traffic	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Fee waiver
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 1907.24(B)	Schedule of fees and costs	(a) The county court may determine that, for the efficient operation of the court, additional funds are necessary to acquire and pay for special projects of the court including, but + See more not limited to, the acquisition of additional facilities or the rehabilitation of existing facilities, the acquisition of equipment, the hiring and training of staff, community service programs, mediation or dispute resolution services, the employment of magistrates, the training and education of judges, acting judges, and magistrates, and other related services. Upon that determination, the court by rule may charge a fee, in addition to all other court costs, on the filing of each criminal cause, civil action or proceeding, or judgment by confession. (b) If the county court offers a special program or service in cases of a specific type, the county court by rule may assess an additional charge in a case of that type, over and above court costs, to cover the special program or service. The county court shall adjust the special assessment periodically, but not retroactively, so that the amount assessed in those cases does not exceed the actual cost of providing the service or program. (c) Any fee or charge assessed under division (B)(1)(a) or (b) of this section on the filing of a civil action or proceeding shall be waived if the court determines that the person on whom the fee or charge is assessed qualifies as an indigent litigant as set forth in section 2323.311 of the Revised Code.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Fee waiver
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2907.28(C)	Medical examination of victim; costs	Any cost incurred by a hospital or emergency medical facility in conducting a medical examination and test of any person who is charged with a violation of division (B) of + See more section 2903.11 or of section 2907.02, 2907.03, 2907.04, 2907.05, 2907.12, 2907.24, 2907.241, or 2907.25 of the Revised Code, with a violation of a municipal ordinance that is substantially equivalent to that division or any of those sections, or with a violation of a statute or municipal ordinance under which by force or threat of force the accused compelled the victim to engage in sexual activity, pursuant to division (B) of section 2907.27 of the Revised Code, shall be charged to and paid by the accused who undergoes the examination and test, unless the court determines that the accused is unable to pay, in which case the cost shall be charged to and paid by the municipal corporation in which the offense allegedly was committed, or charged to and paid by the county if the offense allegedly was committed within an unincorporated area.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Cost charged to and paid by the municipal corporation in which the offense allegedly was committed, or charged to and paid by the county if the offense allegedly was committed + See more within an unincorporated area.
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2929.024	Indigency; services of investigation; experts; payment	If the court determines that the defendant is indigent and that investigation services, experts, or other services are reasonably necessary for the proper representation of a defendant charged with aggravated + See more murder at trial or at the sentencing hearing, the court shall authorize the defendant's counsel to obtain the necessary services for the defendant, and shall order that payment of the fees and expenses for the necessary services be made in the same manner that payment for appointed counsel is made pursuant to Chapter 120. of the Revised Code. If the court determines that the necessary services had to be obtained prior to court authorization for payment of the fees and expenses for the necessary services, the court may, after the services have been obtained, authorize the defendant's counsel to obtain the necessary services and order that payment of the fees and expenses for the necessary services be made as provided in this section.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Court shall authorize the defendant's counsel to obtain the necessary services for the defendant, and shall order that payment of the fees and expenses for the necessary services be made + See more in the same manner that payment for appointed counsel is made
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2903.214(N)(1)	Protection orders and electronic monitoring; persons who may seek relief; ex parte	If the court orders electronic monitoring of the respondent under this section, the court shall direct the sheriff's office or any other appropriate law enforcement agency to install the electronic + See more monitoring device and to monitor the respondent. Unless the court determines that the respondent is indigent, the court shall order the respondent to pay the cost of the installation and monitoring of the electronic monitoring device. If the court determines that the respondent is indigent and subject to the maximum amount allowable to be paid in any year from the fund and the rules promulgated by the attorney general under division (N)(2) of this section, the cost of the installation and monitoring of the electronic monitoring device may be paid out of funds from the reparations fund created pursuant to section 2743.191 of the Revised Code. The total amount of costs for the installation and monitoring of electronic monitoring devices paid pursuant to this division and sections 2151.34 and 2919.27 of the Revised Code from the reparations fund shall not exceed three hundred thousand dollars per year.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Cost of the installation and monitoring of the electronic monitoring device may be paid out of funds from the reparations fund.
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2929.18(B)(1)	Financial sanctions; restitution; reimbursements	(B)(1) For a first, second, or third degree felony violation of any provision of Chapter 2925., 3719., or 4729. of the Revised Code, the sentencing court shall impose upon the + See more offender a mandatory fine of at least one-half of, but not more than, the maximum statutory fine amount authorized for the level of the offense pursuant to division (A)(3) of this section. If an offender alleges in an affidavit filed with the court prior to sentencing that the offender is indigent and unable to pay the mandatory fine and if the court determines the offender is an indigent person and is unable to pay the mandatory fine described in this division, the court shall not impose the mandatory fine upon the offender.	All	Indigent	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Court shall not impose the mandatory fine upon the offender.

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