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.

Every law can be saved to the Reform Builder  

See all ability to pay policy recommendations in CJPP’s Policy Guide

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.

15 Results

Export results to Excel

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
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
services for the sole reason that the offender is indigent.
All Not provided for Not provided for Not provided for Administrative decision No

Waiver of fee

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
investigation of the defendant's case may be determined with reasonable certainty;
All Not provided for Not provided for Not provided for Other Yes

None specified

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
court 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.
All

No financial hardship

At enforcement of fine or fee Not provided for Not provided for No

Waiver of fee

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
is approved by the court.
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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
resources to pay the fee at time of application, to attach as a court fee upon conviction.
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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
than 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.
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

+ See more
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.

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
the 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.
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
2. In the case of a continuing earnings garnishment pursuant to Section 1173.4 of Title 12 of the

+ See more
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.

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Utah Utah R. Crim. P. 15 Expert Witnesses
Upon showing that a defendant is financially unable to pay the fees of an expert whose services are necessary for adequate defense, the witness fee shall be paid as if
+ See more
he were called on behalf of the prosecution.
All

unable to pay fees

Before imposition of fine or fee Burden on defendant to show inability to pay Not provided for No

costs covered by state

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Utah Utah Code Ann. § 76-5-502  Request for testing--Mandatory testing--Liability for costs the alleged offender who is tested is responsible upon conviction for the costs of testing, unless the alleged offender is indigent.  All

indigent

Not provided for Not provided for Not provided for Yes

costs covered by state

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Utah Utah Code Ann. § 77-32a-3 Ability to pay
The court shall not include in the judgment a sentence that a defendant pay costs unless the defendant is or will be able to pay them. In determining the amount
+ See more
and method of payment of costs, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose and that restitution be the first priority
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes Not provided for
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Utah Utah Code Ann. § 76-3-201.1 Collection of criminal judgments--reduce fines
When a defendant defaults in the payment of a criminal judgment account receivable or any installment of that receivable, the court, on motion of the prosecution, victim, or upon its
+ See more
own motion may: (a) order the defendant to appear and show cause why the default should not be treated as contempt of court; or (b) issue a warrant of arrest... (5) If it appears to the satisfaction of the court that the default is not contempt, the court may enter an order for any of the following or any combination of the following...(f) except as limited by Subsection (6) [restitution] ... reduce or revoke the unpaid amount of the criminal judgment account receivable
All Not provided for At enforcement of fine or fee Not provided for Not provided for No

reduction or revocation of fine

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Utah Utah Code Ann. § 77-32-202(2)(a) Procedure for determination of indigence--Standards
Any defendant claiming indigence who is charged with a crime the penalty of which is a class A misdemeanor or serious offense shall file with the court a fully complete
+ See more
affidavit verified by a notary or other person authorized by law to administer an oath and file a copy of that affidavit with the prosecuting entity. The affidavit shall contain the factual information required in this section and by the court. . . “Indigence” means that a person: (i) does not have sufficient income, assets, credit, or other means to provide for the payment of legal counsel and all other necessary expenses of representation without depriving that person or the family of that person of food, shelter, clothing, and other necessities; or (ii) has an income level at or below 150% of the United States poverty level as defined by the most recently revised poverty income guidelines published by the United States Department of Health and Human Services; and (iii) has not transferred or otherwise disposed of any assets since the commission of the offense with the intent of establishing eligibility for the appointment of counsel under this chapter.
All

does not have sufficient income, assets, credit or other means to provide for payment of legal counsel and all other necessary expenses without depriving that person or the family of

+ See more
that person of basic necessities OR has income level at or below 150 percent of US poverty level and has not transferred or disposed of property since the commission of the offense

Not provided for Not provided for Not provided for No

cost of attorneys fees covered