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.
6 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 | |
---|---|---|---|---|---|---|---|---|---|---|---|
Add to Dashboard
|
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) 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.
|
All |
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 |
Add to Dashboard
|
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 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.
|
All |
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.
|
Not provided for | Not provided for | Determined by judge after hearing | Yes |
N/A |
Add to Dashboard
|
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 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. |
All |
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 |
Add to Dashboard
|
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 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.
|
All |
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 |
Add to Dashboard
|
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
|
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 moremay 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 |
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.