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
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Oregon Or. Rev. Stat. § 161.645 Ability to pay -- prior to imposition of fine
In determining whether to impose a fine and its amount, the court shall consider: (1) The financial resources of the defendant and the burden that payment of a fine will impose,
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with due regard to the other obligations of the defendant; and (2) The ability of the defendant to pay a fine on an installment basis or on other conditions to be fixed by the court. [1971 c.743 §78]
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(1) The financial resources of the defendant and the burden that payment of a fine will impose, with due regard to the other obligations of the defendant; and
(2) The

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ability of the defendant to pay a fine on an installment basis or on other conditions to be fixed by the court. [1971 c.743 §78]

Before imposition of fine or fee Not provided for Not provided for Yes

Payment plan

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Oregon Or. Rev. Stat. § 135.050(1) Eligibility for court-appointed counsel; financial statement; termination; civil liability

(1) Suitable counsel for a defendant shall be appointed by a municipal, county or justice court if:(a) The defendant is before a court on a matter described in subsection (5)

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of this section; (b) The defendant requests aid of counsel; (c) The defendant provides to the court a written and verified financial statement; and (d) It appears to the court that the defendant is financially unable to retain adequate representation without substantial hardship in providing basic economic necessities to the defendant or the defendants dependent family.

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Substantial hardship in providing basic economic necessities to the defendant or the defendants' dependent family

Not provided for Not provided for Determined by judge after hearing Yes

N/A

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Oregon Or. Rev. Stat. § 135.050(2) Eligibility for court-appointed counsel; financial statement; termination; civil liability

(2) Suitable counsel for a defendant shall be appointed by a circuit court if: (a) The defendant is before the court on a matter described in subsection (5) of this

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section; (b) The defendant requests aid of counsel; (c) The defendant provides to the court a written and verified financial statement; and (d)(A) The defendant is determined to be financially eligible under ORS 151.485 (Financial eligibility) and the standards established by the Public Defense Services Commission under ORS 151.216 (Duties); or (B) The court finds, on the record, substantial and compelling reasons why the defendant is financially unable to retain adequate representation without substantial hardship in providing basic economic necessities to the defendant or the defendants dependent family despite the fact that the defendant does not meet the financial eligibility standards established by the commission.

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Substantial hardship in providing basic economic necessities to the defendant or the defendants dependent family despite the fact that the defendant does not meet the financial eligibility standards established by

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the commission.

Not provided for Not provided for Determined by judge after hearing Yes

N/A

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Oregon Or. Rev. Stat. § 151.485(1)-(2) Financial eligibility; determination; financial statement; termination of appointed counsel

(1) For purposes of determining the financial eligibility for appointed counsel of persons with a constitutional or statutory right to counsel in matters before the state courts and whose counsel

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is authorized to be paid by the public defense services executive director under ORS 151.219 (Public defense services executive director), a person is financially eligible for appointed counsel if the person is determined to be financially unable to retain adequate counsel without substantial hardship in providing basic economic necessities to the person or the persons dependent family under standards established by the Public Defense Services Commission under ORS 151.216.

(2) A determination of financial eligibility shall be made upon the basis of information contained in a detailed financial statement submitted by the person for whom counsel is requested or appointed or, in an appropriate case, by the persons parent, guardian or custodian. The financial statement shall be in the form prescribed by the Public Defense Services Commission. The form shall contain a full disclosure of all assets, liabilities, current income, dependents and other information required by ORS 135.050 (4) and, in addition, any information required by the commission and state courts as necessary to determine eligibility. The commission shall adopt uniform statewide guidelines and procedures that prescribe how to use the form and determine financial eligibility for appointed counsel.

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Substantial hardship in providing basic economic necessities to the person or the persons dependent family under standards established by the Public Defense Services Commission under ORS 151.216.

Not provided for Not provided for Determined by judge after hearing Yes

N/A

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Oregon Or. Rev. Stat. § 137.106(4)(a) Restitution to victims; objections by defendant

If a judgment or supplemental judgment described in subsection (1) of this section includes restitution, a court may delay the enforcement of the monetary sanctions, including restitution, only if the

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defendant alleges and establishes to the satisfaction of the court the defendants inability to pay the judgment in full at the time the judgment is entered. If the court finds that the defendant is unable to pay, the court may establish or allow an appropriate supervising authority to establish a payment schedule, taking into consideration the financial resources of the defendant and the burden that payment of restitution will impose, with due regard to the other obligations of the defendant. The supervising authority shall be authorized to modify any payment schedule established under this section.

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Not provided for

At defendant's request at enforcement Burden on defendant to show inability to pay Determined by judge after hearing No

Payment Plan

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Oregon Or. Rev. Stat. § 137.286(3) Minimum fines for misdemeanors and felonies

A court may waive payment of the minimum fine established by this section, in whole or in part, if the court finds that requiring payment of the minimum fine would

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be inconsistent with justice in the case. In making its determination under this subsection, the court shall consider: (a) The financial resources of the defendant and the burden that payment of the minimum fine will impose, with due regard to the other obligations of the defendant; and (b) The extent to which that burden can be alleviated by allowing the defendant to pay the monetary obligations imposed by the court on an installment basis or on other conditions to be fixed by the court.

Misdemeanor, Felony

Inconsistent with justice in the case; the financial resources of the defendant and the burden that payment of the minimum fine will impose, with due regard to the other obligations

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of the defendant; and the extent to which that burden can be alleviated by allowing the defendant to pay the monetary obligations imposed by the court on an installment basis or on other conditions to be fixed by the court.

Before imposition of fine or fee Not provided for Determined by judge without hearing No

Fine waiver in whole or in part.

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Oregon Or. Rev. Stat. § 161.665(4)-(5) Costs

(4) The court may not sentence a defendant to pay costs under this section unless the defendant is or may be able to pay them. In determining the amount and method

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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.

(5) A defendant who has been sentenced to pay costs under this section and who is not in contumacious default in the payment of costs may at any time petition the court that sentenced the defendant for remission of the payment of costs or of any unpaid portion of costs. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the immediate family of the defendant, the court may enter a supplemental judgment that remits all or part of the amount due in costs, or modifies the method of payment under ORS 161.675.

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Financial resources of the defendant and the nature of the burden that payment of costs will impose; amount due will impose manifest hardship on the defendant or the immediate family

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of the defendant

At defendant's request at enforcement Not provided for Determined by judge without hearing No

Cost not imposed; modifies method of payment or remission of payment.

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Oregon Or. Rev. Stat. § 151.505(3) Authority of court to order repayment of costs related to provision of appointed counsel

The court may not require a person to pay costs under this section unless the person is or may be able to pay the costs. In determining the amount and

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method of payment of costs, the court shall take account of the financial resources of the person and the nature of the burden that payment of costs will impose.

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Financial resources of the person and the nature of the burden that payment of costs will impose

Before imposition of fine or fee Not provided for Determined by judge without hearing No

Costs not imposed

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Oregon Or. Rev. Stat. § 423.570(6) Monthly fee payable by person on supervised release; use; payment as condition of release; waiver

In cases of financial hardship or when otherwise advisable in the interest of the released person's rehabilitation: (a) The community corrections manager may waive or reduce the amount of the

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fee. (b) The sentencing court may waive or reduce the amount of the fee for any person whom the court has sentenced to probation. If any of the fee requirement is reduced by the court, only the court may restore the requirement.

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Financial hardship

Before imposition of fine or fee Not provided for Determined by judge without hearing No

Waive or reduce amount of the fee

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Oregon Or. Rev. Stat. § 179.640 Determination of ability to pay; rules; financial information; notice; order; hearing; appeal.

(1)(a) The Department of Corrections and the Oregon Health Authority shall establish rules for determining ability to pay for persons in their respective institutions. The rules adopted by each agency

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shall require, in addition to other relevant factors, consideration of the personal estate, the person’s need for funds for personal support after release, and the availability of third-party benefits such as, but not limited to, Medicare or private insurance. Each agency may also consider the probable length of stay at the state institution. Nothing in this section requires the Department of Corrections to investigate a person’s ability to pay or to issue an ability-to-pay order. (b) When adopting rules under paragraph (a) of this subsection, the Department of Corrections shall consider the person’s needs for funds to pay for the support of the person’s children and to pay any monetary obligations imposed on the person as a result of the person’s conviction.

(2) In determining a person’s ability to pay, none of the agencies may consider as part of the personal estate of the person or the decedent’s estate: (a) Any assets received by or owing to the person and the personal estate of the person, or the decedent’s estate, as compensation from the state for injury, death or, if the collection is being made by the Department of Corrections, the false imprisonment of the person that occurred when the person was in a state institution listed in ORS 179.321 (Responsibility to supervise state institutions) and for which the state admits liability or is found liable through adjudication; and (b) Any real or personal property that the person or an authorized representative of the person can demonstrate was purchased solely with assets referred to in paragraph (a) of this subsection or partially with such assets, to the extent such assets were used in the purchase.

(3) A person and the authorized representative of the person, if any, shall provide all financial information requested by the agency that is necessary to determine the person’s ability to pay. To determine ability to pay, the agency may use any information available to the agency, including information provided by the Department of Revenue from personal income tax returns pursuant to ORS 314.840 (Disclosure of information). Upon request, the Department of Revenue shall release copies of tax returns to the agency. When the person or the person’s authorized representative fails to provide evidence to demonstrate an inability to pay full cost of care, the agency may determine the person has the ability to pay the full cost of care.

(4) The agency shall provide actual notice to the person and any authorized representative, if known to the agency, of its determination by issuing an ability-to-pay order. The order shall state the person’s full liability and the person’s determined ability to pay. Actual notice means receipt by the person and the authorized representative of notice. The notice shall include a copy of the ability-to-pay order, a description of the person’s appeal rights and the date upon which appeal rights terminate and state the address where a request for hearing may be mailed or delivered. At any time, the agency may reissue an ability-to-pay order to notify an authorized representative as provided by ORS 179.653 (Unpaid costs as lien on property) (4).

(5) At any time during the person’s stay at the state institution or within 36 months from the date the person is released, if the agency receives new financial information that shows a change in the person’s financial circumstances, the agency shall consider the changed circumstances and issue a new ability-to-pay order.

(6) Orders issued after the person is released may not require the person to make payments toward the cost of care for more than 36 consecutive months following release. However, the agency may collect beyond the 36-month period any payments that became due but were not paid within the 36 months following release. Any remaining balance of full cost of care shall be collected as provided in ORS 179.740 (Collection from estates).

(7) Notwithstanding ORS 183.315 (Application of provisions of chapter to certain agencies) (5), if a person or authorized representative disagrees with any ability-to-pay order issued pursuant to this section, the person or authorized representative may request a contested case hearing. To the extent practical, the hearing will be held at a location convenient to the person or the authorized representative. The request must be postmarked within 60 days from the date of the mailing of the ability-to-pay order. If the person or the authorized representative makes a timely request for a contested case hearing, the hearing and any appeal of the final hearing order shall be governed by ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.497 (Awarding costs and attorney fees when finding for petitioner). If the person or the authorized representative fails to make a timely request for a contested case hearing, the ability-to-pay order shall be final and not subject to judicial review, except as subsequently modified by the agency as provided in subsection (5) of this section.

(8) On appeal, regardless of other information presented, payment of the full cost of care may be ordered if the person or the authorized representative refuses to produce financial information that the Hearings Officer or administrative law judge determines is relevant and must be produced. [1959 c.652 §4; 1961 c.501 §2; 1967 c.549 §4; 1973 c.806 §3a; 1973 c.823 §§123,159; 1989 c.348 §3; 1997 c.170 §15; 1999 c.159 §2; 2001 c.487 §3; 2003 c.75 §86; 2009 c.595 §149; 2013 c.36 §59; 2015 c.348 §26]

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The rules adopted by each agency shall require, in addition to other relevant factors, consideration of the personal estate, the person’s need for funds for personal support after release, and

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the availability of third-party benefits such as, but not limited to, Medicare or private insurance. Each agency may also consider the probable length of stay at the state institution. Nothing in this section requires the Department of Corrections to investigate a person’s ability to pay or to issue an ability-to-pay order. (b) When adopting rules under paragraph (a) of this subsection, the Department of Corrections shall consider the person’s needs for funds to pay for the support of the person’s children and to pay any monetary obligations imposed on the person as a result of the person’s conviction.

Before imposition of fine or fee Not provided for Administrative decision Yes

N/A

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Oregon Or. Rev. Stat. § 151.487(1),(4) Ability to pay; effect

(1) If in determining that a person is financially eligible for appointed counsel under ORS 151.485, the court finds that the person has financial resources that enable the person to pay in

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full or in part the administrative costs of determining the eligibility of the person and the costs of the legal and other services to be provided at state expense that are related to the provision of appointed counsel, the court shall enter a limited judgment requiring that the person pay to the Public Defense Services Account established by ORS 151.225, through the clerk of the court, the amount that it finds the person is able to pay without creating substantial hardship in providing basic economic necessities to the person or the person's dependent family. The amount that a court may require the person to pay is subject to the guidelines and procedures issued by the Public Defense Services Commission as provided in subsection (4) of this section.

(4) The commission shall promulgate and issue guidelines and procedures: (a) For the determination of persons provided with appointed counsel who have some financial resources to pay in full or in part the administrative, legal and other costs under subsection (1) of this section; and (b) Regarding the amounts persons may be required to pay by a court under subsection (1) of this section.

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Amount that it finds the person is able to pay without creating substantial hardship in providing basic economic necessities to the person or the person's dependent family.

Before imposition of fine or fee Not provided for Administrative decision Yes

None specified

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Oregon Or. Rev. Stat. § 135.891(2) Required and permissive elements of diversion agreement; program fee

(2) As a condition of entering into a diversion agreement under ORS 135.881 to 135.901, the defendant must pay a program fee of $100. The court may waive all or

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part of the fee in cases involving indigent defendants, or may provide for payment of the fee on an installment basis. A fee collected under this subsection in the circuit court shall be deposited by the clerk of the court in the Criminal Fine Account. If the fee is collected in a municipal or justice court, $35 of the fee shall be forwarded by the court to the Department of Revenue for deposit in the Criminal Fine Account, and the remainder of the fee shall be paid to the city or county treasurer.

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Indigent

Before imposition of fine or fee Not provided for Determined by judge without hearing No

Waive fee or provide for payment of the fee on an installment basis.

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Oregon Or. Rev. Stat. § 179.62 Liability of person or estate for cost of care

(1) A person and the personal estate of the person, or a decedent’s estate, is liable for the full cost of care. Full cost of care is established according to

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ORS 179.701.
(2) While the person is liable for the full cost of care, the maximum amount a person is required to pay toward the full cost of care shall be determined according to the person’s ability to pay. Ability to pay is determined as provided in ORS 179.640.

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Not provided for

Before imposition of fine or fee Not provided for Administrative decision No Not provided for
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Tennessee Tenn. Code Ann. § 39-13-101(b)(2) Assault - Domestic Abuse
if the relationship between the defendant and the victim of the assault is such that the victim is a domestic abuse victim as defined in § 36-3-601, and if, as
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determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred dollars ($200).
Misdemeanor

No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other

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mitigating and enhancing factors.

Before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing Yes

Imposition of a lower fee

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Tennessee Tenn. Code Ann. § 39-13-102(e)(2) Aggravated Assault - Domestic Abuse
In addition to any other punishment that may be imposed for a violation of this section, if the relationship between the defendant and the victim of the assault is such
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that the victim is a domestic abuse victim as defined in § 36-3-601, and if, as determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred dollars ($200).
All

No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other

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mitigating and enhancing factors.

Before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing Yes

Imposition of a lower fee

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Tennessee Tenn. Code Ann. § 39-13-111(c)(5) Domestic Assault - Additional Fee
In addition to any other punishment that may be imposed for a violation of this section, if, as determined by the court, the defendant possesses the ability to pay a
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fine in an amount not in excess of two hundred twenty-five dollars ($225), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred twenty-five dollars ($225).
All

No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other

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mitigating and enhancing factors.

Before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing Yes

Imposition of a lower fee

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Tennessee Tenn. Code Ann. § 39-13-709(e) Sex Offender Conviction Tax
The court may waive all or any portion of the tax required by this section if the court finds that a person convicted of a sex offense is indigent or
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financially unable to pay.
All

No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other

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mitigating and enhancing factors.

Not provided for Burden on defendant to show inability to pay Determined by judge after hearing No

Reduction or waiver of the fee

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Tennessee Tenn. Code Ann. § 39-17-428(d) Fines and Penalties; Mandatory Minimums; Allocation
(1) Unless the judge, using the applicable criteria set out in § 40-14-202(c), determines that a person convicted of violating this section is indigent, or that payment of the minimum
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fine would result in a severe economic hardship, or such fine would otherwise not be in the interests of justice, the minimum fines imposed by this section shall be mandatory and shall not be reduced, suspended, waived or otherwise released by the court. No plea agreement shall be accepted by a court if the agreement attempts to reduce or suspend all or any portion of the mandatory fines imposed by this section unless the judge determines that one (1) of the conditions set out in the first sentence of this subdivision (d)(1) exists.(2) If the judge of a court of general sessions determines that it is necessary to reduce, suspend, waive or otherwise release the minimum fines imposed by this section, the judge shall assess the fine, and write on the warrant the amount of the fine, the fact that it is reduced, suspended, waived or released and the reasons for the reduction, suspension, waiver or release. If done by the judge of a court of record, the judge shall assess the fine and make a specific finding of fact on the record relative to the reduction, suspension, waiver or release and the reasons for the reduction, suspension, waiver or release.
All

No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other

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mitigating and enhancing factors.

Not provided for Burden on defendant to show inability to pay Determined by judge after hearing Yes

Reduction or waiver of the fee

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Tennessee Tenn. Code Ann. § 40-39-305(b) Sexual Offender Fee
The department may waive all or any portion of the fees required by this section if it determines that an offender is indigent or financially unable to pay all or
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any portion of the fee. The department shall waive only that portion of the surcharge which the offender is financially unable to pay.
All

No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other

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mitigating and enhancing factors.

Not provided for Burden on defendant to show inability to pay Determined by judge after hearing No

Reduction or waiver of the fee

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Tennessee Tenn. Code Ann. § 41-2-128(5) Prisoners who may apply for release -- Procedure.
(5)(A) The judge shall, at the time of sentencing, cause the sentencing order to reflect the defendant's cost of incarceration and treatment and shall affix to the order, taking into
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consideration the defendant's ability to pay, the time and manner in which the costs are to be paid. The court shall enter the necessary orders requiring that the costs of incarceration and treatment be paid or secured, including, but not limited to, orders of probation that include, as a condition thereof, the payment of costs covered by this subdivision (c)(5).(B) When a defendant alleges inability to pay pursuant to the terms set out by the order, the defendant may petition the court for modification as to the terms of payment. When it is determined that the defendant is unable to pay the entirety of the costs covered by this subdivision (c)(5) in the time and manner imposed by the court, any costs imposed against the defendant shall be pursuant to a schedule promulgated by the chief administrative officer of the county, or the officer's designee, with the schedule to be based upon the defendant's ability to pay the same.(C) In promulgating the schedule governing costs and the amount thereof to be paid by the defendant, the chief administrative officer of the county, or the officer's designee, shall consider the defendant's ability to pay and the disbursement schedule set forth in § 41-2-129 and shall incorporate payments ordered in this subsection (c) into the schedule.(D) In no event shall a person be denied access to this program or be denied discharge from incarceration as a result of that person's inability to pay.
All Not provided for Not provided for Burden on defendant to show inability to pay Not provided for Yes

Reduction or waiver of the fee