50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Ability to Pay
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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.
31 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 § 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 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 |
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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 pay the amount of the sanction or fine.
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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 |
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Ohio | Ohio Rev. Code § 2929.37(A) | Policy requiring prisoner to pay costs of confinement |
The amount assessed under this section shall not exceed the total amount that the prisoner is able to pay. |
All |
Not provided for |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Likely no requirement to pay costs of confinement |
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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 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 |
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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 all court costs imposed upon the indigent offender.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Fee waiver |
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Ohio | Ohio Rev. Code § 2301.14 | Taxing costs |
The clerk of the court of common pleas in which the service of a court interpreter is rendered shall tax in the cost bill in such case, to be collected as other costs, the sum of three dollars for each day of service of such interpreter, which fees shall be paid into the county treasury to the credit of the county fund. If the party taxed with costs is indigent, the clerk shall not tax the interpreter’s fees as costs, and the county shall pay the interpreter’s fees.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Not provided for | No |
County pays for the interpreter. |
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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 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.
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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 |
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Ohio | Ohio Rev. Code § 2929.28(B) | Financial Sanctions - misdemeanor |
If the court determines a hearing is necessary, the court may hold a hearing to determine whether the offender is able to pay the financial sanction imposed pursuant to this section or court costs or is likely in the future to be able to pay the sanction or costs. If the court determines that the offender is indigent and unable to pay the financial sanction or court costs, the court shall consider imposing and may impose a term of community service under division (A) of section 2929.27 of the Revised Code in lieu of imposing a financial sanction or court costs. If the court does not determine that the offender is indigent, the court may impose a term of community service under division (A) of section 2929.27 of the Revised Code in lieu of or in addition to imposing a financial sanction under this section and in addition to imposing court costs. The court may order community service for a minor misdemeanor pursuant to division (D) of section 2929.27 of the Revised Code in lieu of or in addition to imposing a financial sanction under this section and in addition to imposing court costs. If a person fails to pay a financial sanction or court costs, the court may order community service in lieu of the financial sanction or court costs.
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Misdemeanor |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | No |
Community service in lieu of restitution. |
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Ohio | Ohio Rev. Code § 2953.32(C)(3) | Sealing of record of conviction or bail forfeiture |
An applicant may request the sealing of the records of more than one case in a single application under this section. Upon the filing of an application under this section, the applicant, unless indigent, shall pay a fee of fifty dollars, regardless of the number of records the application requests to have sealed.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Not provided for | No |
Likely no requirement to pay fee |
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Ohio | Ohio Rev. Code § 2949.091(2) | Additional court costs or bail |
(2) (a) The juvenile court in which a child is found to be a delinquent child or a juvenile traffic offender for an act that, if committed by an adult, would be an offense, shall impose one of the following sums 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:
(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)(2)(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 thirty-, twenty-, or ten-dollar 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-, twenty-, or ten-dollar court costs is waived. |
All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | No |
Fee waiver |
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Ohio | Ohio Rev. Code § 2921.38(E) | Harassment with bodily substance |
(1) The court, on request of the prosecutor, or the law enforcement authority responsible for the investigation of the violation, shall cause a person who allegedly has committed a violation of this section to submit to one or more appropriate tests to determine if the person is a carrier of the virus that causes acquired immunodeficiency syndrome, is a carrier of a hepatitis virus, or is infected with tuberculosis.
(2) The court shall charge the offender with the costs of the test or tests ordered under division (E)(1) of this section unless the court determines that the accused is unable to pay, in which case the costs shall be charged to the entity that operates the detention facility in which the alleged offense occurred. |
All |
Not provided for |
Before imposition of fine or fee | Not provided for | Not provided for | No |
Costs charged to the entity that operates the detention facility in which the alleged offense occurred. |
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Ohio | Ohio Rev. Code § 2949.094(A) | Additional court costs for drug law enforcement, justice program services, and indigent drivers alcohol treatment funds |
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 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.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | No |
Fee waiver |
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Ohio | Ohio Rev. Code § 2941.51(D) | Person represented shall pay for part of costs if able |
The fees and expenses approved by the court under this section shall not be taxed as part of the costs and shall be paid by the county. However, if the person represented has, or reasonably may be expected to have, the means to meet some part of the cost of the services rendered to the person, the person shall pay the county an amount that the person reasonably can be expected to pay.
|
All |
Not provided for. |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
County will pay representation fees in-full or in part. |
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Ohio | Ohio Rev. Code § 2152.20(C)-(D) | Fines; costs; restitution; order of criminal forfeiture; community service |
(C) The court may hold a hearing if necessary to determine whether a child is able to pay a sanction under this section. (D) If a child who is adjudicated a delinquent child is indigent, the court shall consider imposing a term of community service under division (A) of section 2152.19 of the Revised Code in lieu of imposing a financial sanction under this section. If a child who is adjudicated a delinquent child is not indigent, the court may impose a term of community service under that division in lieu of, or in addition to, imposing a financial sanction under this section. The court may order community service for an act that if committed by an adult would be a minor misdemeanor.
If a child fails to pay a financial sanction imposed under this section, the court may impose a term of community service in lieu of the sanction. |
All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | No |
Community service in lieu of payment. |
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Ohio | Ohio Rev. Code § 2949.093(D) | County participation in criminal justice regional information system |
The court in which any person is convicted of or pleads guilty to any moving violation that occurs in a county that has elected to participate in a criminal justice regional information system shall impose the sum established by the board pursuant to division (C) of this section as costs in the case in addition to any other court costs that the court is required by law to impose upon the offender. The court shall not waive the payment of the additional court cost established by the board pursuant to division (C) of this section unless the court determines that the offender is indigent and waives the payment of all court costs imposed upon the indigent offender.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | No |
Fee waiver |
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Ohio | Ohio Rev. Code § 2929.28(B) | Financial sanctions; court costs |
If the court determines a hearing is necessary, the court may hold a hearing to determine whether the offender is able to pay the financial sanction imposed pursuant to this section or court costs or is likely in the future to be able to pay the sanction or costs. If the court determines that the offender is indigent and unable to pay the financial sanction or court costs, the court shall consider imposing and may impose a term of community service under division (A) of section 2929.27 of the Revised Code in lieu of imposing a financial sanction or court costs. If the court does not determine that the offender is indigent, the court may impose a term of community service under division (A) of section 2929.27 of the Revised Code in lieu of or in addition to imposing a financial sanction under this section and in addition to imposing court costs.The court may order community service for a minor misdemeanor pursuant to division (D) of section 2929.27 of the Revised Code in lieu of or in addition to imposing a financial sanction under this section and in addition to imposing court costs.
|
Misdemeanor |
Indigent |
Before imposition of fine or fee | Not provided for | Not provided for | No |
Community service in lieu of payment |
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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 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.
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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 |
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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 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.
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Traffic |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Fee waiver |
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Ohio | Ohio Rev. Code § 2941.51(D) | Payment of appointed or selected counsel |
The fees and expenses approved by the court under this section shall not be taxed as part of the costs and shall be paid by the county. However, if the person represented has, or reasonably may be expected to have, the means to meet some part of the cost of the services rendered to the person, the person shall pay the county an amount that the person reasonably can be expected to pay.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Not provided for | No |
Fee waiver |
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Ohio | Ohio Rev. Code § 2929.18(E) | Financial sanctions |
A court that imposes a financial sanction upon an offender may hold a hearing if necessary to determine whether the offender is able to pay the sanction or is likely in the future to be able to pay it.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | No |
N/A |
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.