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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.
16 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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Oklahoma | Okla. Stat. tit. 22, § 988.9 | Fees and costs |
In hardship cases the supervising agency may expressly waive all or part of the fee. No supervising agency participating in a local community sentencing system shall deny any offender supervision + See moreservices for the sole reason that the offender is indigent.
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All | Not provided for | Not provided for | Not provided for | Administrative decision | No |
Waiver of fee |
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Oklahoma | Okla. Stat. tit. 22, § 991a(A)(4) | Sentencing powers of court--Alcohol and drug assessment and evaluation--Restitution, fines, or incarceration--Victim impact statements--Probation and monitoring--DNA samples |
if, in the opinion of the court, the defendant is able to pay without imposing manifest hardship on the defendant, and if the costs incurred by the Bureau during the + See moreinvestigation of the defendant's case may be determined with reasonable certainty;
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All | Not provided for | Not provided for | Not provided for | Other | Yes |
None specified |
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Oklahoma | Okla. Stat. tit. 22, § 471.6H | Final eligibility hearing--Acceptance into program--Duration of participation--Costs and fees--Driving privileges |
Court orders for costs and fees shall remain an obligation of the offender until fully paid; provided, however, once the offender has successfully completed the drug court program, the drug + See morecourt judge shall have the discretion to expressly waive all or part of the costs and fees provided for in this subsection if, in the opinion of the drug court judge, continued payment of the costs and fees by the offender would create a financial hardship for the offender. Offenders who have not fully paid all costs and fees pursuant to court order but who have otherwise successfully completed the drug court program shall not be counted as an active drug court participant for purposes of drug court contracts or program participant numbers.
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All |
No financial hardship |
At enforcement of fine or fee | Not provided for | Not provided for | No |
Waiver of fee |
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Oklahoma | Okla. Stat. tit. 22, § 60.2C | Protective order--Petition--Complaint requirement for certain stalking victims--Fees | the court shall have authority to waive the costs and fees if the court finds that the party does not have the ability to pay the costs and fees. | All | Not provided for | Not provided for | Not provided for | Not provided for | No |
Waiver of costs |
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Oklahoma | Okla. Stat. tit. 22, § 1355.14E | Payment of costs of representation--Fee schedule |
The fees shall be assessed unless ordered waived upon good cause shown by the indigent person, or unless another amount is specifically requested by counsel for the indigent person and + See moreis approved by the court.
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All |
Not indigent |
At defendant's request before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | No |
Waiver of fee |
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Oklahoma | Okla. Stat. tit. 10A, § 1-4-701A | Reimbursements and costs by parents able to pay | Upon notice to the parent or other person legally obligated to support the child and upon an opportunity to be heard and a finding of financial ability to pay | All | Not provided for | Before imposition of fine or fee | Not provided for | Determined by judge after hearing | Yes |
None specified |
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Oklahoma | Okla. Stat. tit. 22, § 1355A | Application for representation by the System |
except that the court may, based upon the financial information submitted, defer all or part of the fee if the court determines that the person does not have the financial + See moreresources to pay the fee at time of application, to attach as a court fee upon conviction.
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All | Not provided for | At enforcement of fine or fee | Burden on defendant to show inability to pay | Determined by judge without hearing | No |
Deferment of fee |
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Oklahoma | Okla. Stat. tit. 22, § 979a | Payment of jail costs by inmate | The defendant shall have an opportunity to object to the amount of costs solely on the grounds that the number of days served is incorrect. | All |
None. Defendant can only object on the grounds that the number of days served is incorrect. |
Not provided for | Burden on defendant to show inability to pay | Not provided for | Yes |
Waiver of fee |
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Oklahoma | Okla. Stat. tit. 22, § 983b | Released persons--Hearing to determine ability to pay fines, costs and fees |
A. Any person released on parole or released without parole from a term of imprisonment with the Department of Corrections shall be required to report at a time not less + See morethan one hundred eighty (180) days after his or her release from the Department of Corrections to:1. The district court of the county from which the judgment and sentence resulting in incarceration arose; and
2. All other district courts or municipal courts where the person owes fines, fees, costs and assessments,
for the purpose of scheduling a hearing to determine the ability of the person to pay fines, fees, costs or assessments owed by the person in every felony or misdemeanor criminal case filed in a district court or criminal case filed in a municipal court of this state. Such hearing shall be held in accordance with the provisions of Section VIII of the Rules of the Court of Criminal Appeals, 22 O.S. 2011, Ch. 18, App. A court may for good cause shown or in its discretion continue such hearing for up to one hundred eighty (180) days.
B. In determining the ability of the person to satisfy fines, fees, costs or assessments owed to a district or municipal court, the court shall inquire of the person at the time of the hearing which counties and municipalities the person owes fines, fees, costs or assessments in every felony or misdemeanor criminal case filed against the person and shall consider all court-ordered debt, including restitution and child support, in determining the ability of the person to pay. The person shall not be required to pay any outstanding fines, fees, costs or assessments prior to the expiration of the one-hundred-eighty-day period; provided, however, the person shall not be precluded from voluntarily making payment toward the satisfaction of any fines, fees, costs or assessments due and owing to a district or municipal court of this state.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Determined by judge after hearing | Yes |
Waiver of fees pursuant to § 983a: A. On or after November 1, 2016, the court shall have the authority to waive all outstanding fines, court costs and fees in a criminal case for any person who:
1. Served a period of imprisonment in the custody of the Department of Corrections after conviction for a crime; 2. Has been released from the custody of the Department of Corrections; 3. Has complied with all probation or supervision requirements since being released from the custody of the Department of Corrections; and 4. Has made installment payments on outstanding fines, court costs, fees and restitution ordered by the court on a timely basis every month for the previous twenty-four (24) months following release from the custody of the Department of Corrections. B. The provisions of this section shall not apply to amounts owed by the person for restitution to a victim pursuant to a court order or child support obligations pursuant to a court order. |
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Oklahoma | Okla. Stat. tit. 31, § 1.1 | Earnings from personal services--Exemption from process--Order |
A. Following the issuance of an execution, attachment, or garnishment, except process to collect a judgment or order for child support or maintenance of children or in cases in which + See morethe court has limited or reduced the application of this section pursuant to Section 142.18 of Title 21 of the Oklahoma Statutes, the debtor may file with the court an application requesting a hearing to exempt from such process by reason of undue hardship that portion of any earnings from personal services necessary for the maintenance of a family or other dependents supported wholly or partially by the labor of the debtor. A debtor with no family or other dependents may not claim an exemption under this section. A hearing on the application shall be set and conducted in the manner provided by Section 1172.2 of Title 12 of the Oklahoma Statutes and subsection C of Section 1174 of Title 12 of the Oklahoma Statutes.B. In determining the existence of an undue hardship, the court should consider the income and expenses of the family and other dependents, and the standard of living created by the income and expenses. The court should also consider the standard of living in relationship to the minimal subsistence needs of the debtor's family and other dependents, with comparison to the minimal subsistence standards in the community, in regard to basic shelter, food, clothing, personal necessities and transportation. The court should then determine if the lack of the funds sought to be exempt would be an undue hardship by creating less than a minimal level of subsistence. If deprivation of these earnings would create an undue hardship on the debtor and the family or other dependents the debtor supports, the court may: 1. Order all or a portion of the personal earnings exempt; or
2. In the case of a continuing earnings garnishment pursuant to Section 1173.4 of Title 12 of the Oklahoma Statutes, exempt all or a portion of the personal earnings withheld within the thirty (30) days preceding the filing of the claim for exemption or modify or stay the garnishment for a period of time not to exceed the remainder of the term of the garnishment.
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All |
Undue hardship |
At defendant's request at enforcement | Not provided for | Determined by judge after hearing | Yes |
1. Order all or a portion of the personal earnings exempt; or Oklahoma Statutes, exempt all or a portion of the personal earnings withheld within the thirty (30) days preceding the filing of the claim for exemption or modify or stay the garnishment for a period of time not to exceed the remainder of the term of the garnishment.
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Pennsylvania | Pa. R. Crim. P. 706 | Fines or Costs |
(A) A court shall not commit the defendant to prison for failure to pay a fine or costs unless it appears after hearing that the defendant is financially able + See moreto pay the fine or costs.
(B) When the court determines, after hearing, that the defendant is without the financial means to pay the fine or costs immediately or in a single remittance, the court may provide for payment of the fines or costs in such installments and over such period of time as it deems to be just and practicable, taking into account the financial resources of the defendant and the nature of the burden its payments will impose, as set forth in paragraph (D) below.
(C) The court, in determining the amount and method of payment of a fine or costs shall, insofar as is just and practicable, consider the burden upon the defendant by reason of the defendant’s financial means, including the defendant’s ability to make restitution or reparations.
(D) In cases in which the court has ordered payment of a fine or costs in installments, the defendant may request a rehearing on the payment schedule when the defendant is in default of a payment or when the defendant advises the court that such default is imminent. At such hearing, the burden shall be on the defendant to prove that his or her financial condition has deteriorated to the extent that the defendant is without the means to meet the payment schedule. Thereupon the court may extend or accelerate the payment schedule or leave it unaltered, as the court finds to be just and practicable under the circumstances of record. When there has been default and the court finds the defendant is not indigent, the court may impose imprisonment as provided by law for nonpayment.
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All |
financial means to pay, taking account of financial resources and nature of burden |
Not provided for | Burden on defendant to show inability to pay | Not provided for | Yes |
Installment Plans |
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Pennsylvania | 42 Pa. Stat. Ann. § 9726 | Fine |
The court shall not sentence a defendant to pay a fine unless it appears of record that:(1) the defendant is or will be able to pay the fine; and(2) the + See morefine will not prevent the defendant from making restitution or reparation to the victim of the crime.(d) Financial resources.--In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose.
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All |
financial means to pay, taking account of financial resources and nature of burden |
Not provided for | Not provided for | Not provided for | Yes |
waiver of fine |
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Pennsylvania | 42 Pa. Stat. Ann. § 9730 | Payment of Court Costs, Restitution, and Fines |
If a defendant defaults in the payment of a fine, court costs or restitution after imposition of sentence, the issuing authority or a senior judge or senior magisterial district judge + See moreappointed by the president judge for the purposes of this section may conduct a hearing to determine whether the defendant is financially able to pay. . . If the issuing authority, senior judge or senior magisterial district judge determines that the defendant is without the financial means to pay the fine or costs immediately or in a single remittance, the issuing authority, senior judge or senior magisterial district judge may provide for payment in installments. In determining the appropriate installments, the issuing authority, senior judge or senior magisterial district judge shall consider the defendant's financial resources, the defendant's ability to make restitution and reparations and the nature of the burden the payment will impose on the defendant. If the defendant is in default of a payment or advises the issuing authority, senior judge or senior magisterial district judge that default is imminent, the issuing authority, senior judge or senior magisterial district judge may schedule a rehearing on the payment schedule. At the rehearing the defendant has the burden of proving changes of financial condition such that the defendant is without the means to meet the payment schedule. The issuing authority, senior judge or senior magisterial district judge may extend or accelerate the schedule, leave it unaltered or sentence the defendant to a period of community service as the issuing authority, senior judge or senior magisterial district judge finds to be just and practicable under the circumstances.
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All |
financial means to pay, taking account of financial resources and nature of burden |
At enforcement of fine or fee | Burden on defendant to show inability to pay | Not provided for | No |
extension or acceleration of payment schedule; community service |
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Pennsylvania | 18 Pa. Stat. Ann. § 7508.1(b) | Substance Abuse Education and Demand Reduction Fund. |
Unless the court finds that undue hardship would result, a mandatory cost of $100, which shall be in addition to any other costs imposed pursuant to statutory authority, shall automatically + See morebe assessed on any individual convicted, adjudicated delinquent or granted Accelerated Rehabilitative Disposition or any individual who pleads guilty or nolo contendere for a violation of the act of April 14, 1972 (P.L. 233, No. 64)1, known as The Controlled Substance, Drug, Device and Cosmetic Act, or a violation of 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance).
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All | Not provided for | Not provided for | Not provided for | Not provided for | Yes |
not specified |
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Pennsylvania | 18 Pa. Stat. Ann. § 1106 | Restitution for injuries to person or property |
At the time of sentencing the court shall specify the amount and method of restitution. In determining the amount and method of restitution, the court: (i) Shall consider the extent + See moreof injury suffered by the victim, the victim's request for restitution as presented to the district attorney in accordance with paragraph (4) and such other matters as it deems appropriate. (ii) May order restitution in a lump sum, by monthly installments or according to such other schedule as it deems just. (iii) Shall not order incarceration of a defendant for failure to pay restitution if the failure results from the offender's inability to pay.
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All | Not provided for | Not provided for | Not provided for | Not provided for | Yes |
payment plan |
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Pennsylvania | 18 Pa. Stat. Ann. § 11.1102 | Costs for offender supervision programs |
1) For offenders under supervision of a county probation department or the board as of August 14, 1991, the fee shall automatically become a part of the supervision conditions as + See moreif the court or board had imposed it unless the court or board makes a finding that the offender is presently unable to pay.(2) The court or board may make a finding that the offender is unable to pay based on any of the following factors: (i) The offender has diligently attempted but has been unable to obtain employment that provides the offender sufficient income to make such payments. (ii) The offender is a student in a school, a college, a university or a course of vocational or technical training designed to fit the student for gainful employment. (iii) The offender has an employment handicap as determined by an examination acceptable to or ordered by the court or board. (iv) The offender's age prevents employment. (v) The offender is responsible for the support of dependents, and the payment of the assessment constitutes an undue hardship on the offender.(vi) Other extenuating circumstances as determined by the court or board.
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All |
1) For offenders under supervision of a county probation department or the board as of August 14, 1991, the fee shall automatically become a part of the supervision conditions as if the court or board had imposed it unless the court or board makes a finding that the offender is presently unable to pay.(2) The court or board may make a finding that the offender is unable to pay based on any of the following factors: (i) The offender has diligently attempted but has been unable to obtain employment that provides the offender sufficient income to make such payments. (ii) The offender is a student in a school, a college, a university or a course of vocational or technical training designed to fit the student for gainful employment. (iii) The offender has an employment handicap as determined by an examination acceptable to or ordered by the court or board. (iv) The offender's age prevents employment. (v) The offender is responsible for the support of dependents, and the payment of the assessment constitutes an undue hardship on the offender.(vi) Other extenuating circumstances as determined by the court or board.
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Not provided for | Burden on defendant to show inability to pay | Not provided for | Yes | Not provided for |
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