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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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
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to 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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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
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fine 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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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
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appointed 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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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
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be 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).
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
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of 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.
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
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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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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

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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.

Not provided for Burden on defendant to show inability to pay Not provided for Yes Not provided for
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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
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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

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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
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§ 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

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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
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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
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would impose hardship upon the spouse or children

At defendant's request at enforcement Not provided for Determined by judge after hearing No

remittance

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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
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upon the defendant's ability to pay.
All Not provided for Not provided for Not provided for Not provided for Yes

Not specified

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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
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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.
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unreasonable hardship

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

exemption from payment of fees

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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
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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

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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
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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.
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Indigence

Before imposition of fine or fee Not provided for Other Yes

exemption from payment of fees

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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,
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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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Virginia Va. Code Ann. § 18.2-258.1(H) Program costs - indigency
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
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the screening, evaluation, testing and education, based upon the person's ability to pay unless the person is determined by the court to be indigent.
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Indigence

Before imposition of fine or fee Not provided for Other Yes

exemption from payment of fees

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Virginia Va. Code Ann. § 18.2-271.1(B) Waiver of fee - indigency Upon a positive finding that the defendant is indigent, the court may reduce or waive the fee. All

Indigence

Not provided for Not provided for Not provided for No

waiver of fee

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West Virginia W. Va. Code §62-4-17(b) Suspension of licenses for failure to pay fines and costs or failure to appear in court

(b) Notwithstanding the provisions of this section to the contrary, the notice of the failure to pay such costs, fines, forfeitures or penalties shall not be given where the circuit court,

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upon application of the person upon whom the same were imposed filed prior to the expiration of the period within which the same are required to be paid, enters an order finding that such person is financially unable to pay all or a portion of the same: Provided, That where the circuit court, upon finding that the person is financially unable to pay the full amount thereof, requires the person to pay the remaining portion thereof, the circuit clerk shall notify the Division of Motor Vehicles of such person’s failure to pay the same if the same is not paid within the period of time ordered by such court.

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Not provided for

At enforcement of fine or fee Not provided for Not provided for Yes

If payment for a lower amount, suspension of the driver's license is still possible to enforce payment of that lower amount. If no payment is required, no suspension will be ordered.

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West Virginia W. Va. Code § 61-3-39p(a) Crimes against the property - Fees for participation in the worthless check restitution program.

(a) The prosecuting attorney, his or her designee, or a private entity under contract with the prosecuting attorney may collect a fee not to exceed one hundred dollars from any person

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participating in the worthless check restitution program: Provided, That the prosecuting attorney shall waive the fee if he or she determines that the person is indigent and unable to pay the fee.

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Indigent

Not provided for Not provided for Not provided for Yes

Waiver of the fee

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West Virginia W. Va. Code § 61-11A-5(a) Restitution; procedure for issuing order

(a) The court, in determining whether to order restitution under this article, and in determining the amount of such restitution, shall consider the amount of the loss sustained by any

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victim as a result of the offense, the financial resources of the defendant, the financial needs and earning ability of the defendant and the defendant's dependents, and such factors as the court deems appropriate.

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… shall consider … the financial resources of the defendant, the financial needs and earning ability of the defendant and the defendant's dependents

Before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge without hearing Yes

No restitution or lower amount of restitution

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West Virginia W. Va. Code § 29-21-16(g)(1)-(4) Determination of maximum income levels; eligibility guidelines; use of form affidavit; inquiry by court; denial of services; repayment; limitation on remedies against affiant

(g) In the circumstances and manner set forth below, circuit judges may order repayment to the state, through the office of the clerk of the circuit court having jurisdiction over the

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proceedings, of the costs of representation provided under this article:

(1) In every case in which services are provided to an indigent person and an adverse judgment has been rendered against such person, the court may require that person, and in juvenile cases, may require the juvenile’s parents or custodian, to pay as costs the compensation of appointed counsel, the expenses of the defense, and any other fees and costs authorized by statute;

(2) The court shall not order a person to pay costs unless the person is able to pay without undue hardship. In determining the amount and method of repayment of costs, the court shall take account of the financial resources of the person, the person’s ability to pay, and the nature of the burden that payment of costs will impose. The fact that the court initially determines, at the time of a case’s conclusion, that it is not proper to order the repayment of costs does not preclude the court from subsequently ordering repayment if the person’s financial circumstances change;

(3) When a person is ordered to repay costs, the court may order payment to be made immediately or within a specified period of time or in specified installments. If a person is sentenced to a term of imprisonment, an order for repayment of costs is not enforceable during the period of imprisonment unless the court expressly finds, at the time of sentencing, that the person has sufficient assets to pay the amounts ordered to be paid or finds there is a reasonable likelihood the person will acquire the necessary assets in the foreseeable future;

(4) A person who has been ordered to repay costs, and who is not in contumacious default in the payment thereof, may at any time petition the sentencing court for modification of the repayment order. If it appears to the satisfaction of the court that continued payment of the amount ordered will impose undue hardship on the person or the person’s dependents, the court may modify the method or amount of payment;

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(2) The court shall not order a person to pay costs unless the person is able to pay without undue hardship. In determining the amount and method of repayment of

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costs, the court shall take account of the financial resources of the person, the person's ability to pay and the nature of the burden that payment of costs will impose. The fact that the court initially determines, at the time of a case's conclusion, that it is not proper to order the repayment of costs does not preclude the court from subsequently ordering repayment should the person's financial circumstances change.

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

Court shall not order a person to pay costs; court may order payment to be made immediately or within a specified period of time or in specified installments;