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 § 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 + See more 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.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	No	Fee waiver
Add to Dashboard + Create New	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 + See more 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
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 § 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 + See more 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	No	Fee waiver
Add to Dashboard + Create New	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 + See more in the future to be able to pay it.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	No	N/A
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.
Add to Dashboard + Create New	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 + See more facility shall be denied any necessary medical care because of inability to pay the fees.	All	Not provided for	At enforcement of fine or fee	Not provided for	Administrative decision	No	Cannot be denied medicare care.
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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 + See more § 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
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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 + See more upon the defendant's ability to pay.	All	Not provided for	Not provided for	Not provided for	Not provided for	Yes	Not specified
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 18.2-251	Program costs - ability to pay	The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of + See more the screening, assessment, testing, and treatment, based upon the accused's ability to pay unless the person is determined by the court to be indigent.	All	Indigence	Before imposition of fine or fee	Not provided for	Other	Yes	exemption from payment of fees
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 18.2-251.01(A)	Education fee - based upon ability to pay	The services agency or program may require the person entering such program or services under the provisions of this section to pay a fee for the education and treatment component, + See more or both, based upon the defendant's ability to pay.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Not specified

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