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.

3 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

Rhode Island R.I. Gen. Laws. Ann. § 12-20-10(b) Remission of costs -- Prohibition against remitting restitution to victims of crime -- Ability to pay -- Indigency

(b)  For purposes of §§ 12-18.1-3(d), 12-21-20, 12-25-28(b), 21-28-4.01(c)(3)(iv) and 21-28-4.17.1, the following conditions shall be prima facie evidence of the defendant's indigency and limited ability to pay:

(1)  Qualification for and/or receipt of any of the following benefits

+ See more
or services by the defendant: (i)  temporary assistance to needy families (ii)  social security including supplemental security income and state supplemental payments program; (iii)  public assistance (iv)  disability insurance; or (v)  food stamps

(2)  Despite the defendant's good faith efforts to pay, outstanding court orders for payment in the amount of one-hundred dollars ($ 100) or more for any of the following: (i)  restitution payments to the victims of crime; (ii)  child support payments; or (iii)  payments for any counseling required as a condition of the sentence imposed including, but not limited to, substance abuse, mental health, and domestic violence.

All

Indigency; Qualification for and/or receipt of temporary assistance to needy families, social security including supplemental security income and state supplemental payments program, public assistance, disability insurance; or food stamps; outstanding court orders for

+ See more
payment in the amount of one-hundred dollars ($ 100) or more for restitution payments to the victims of crime, child support payments; or payments for any counseling required as a condition of the sentence imposed including, but not limited to, substance abuse, mental health, and domestic violence.

Not provided for Not provided for Not provided for Yes

N/A

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

+ Create New

Rhode Island R.I. Gen. Laws. Ann. § 12-21-20 Order to pay costs and determination of ability to pay

(a) If, upon any complaint or prosecution before any court, the defendant shall be ordered to pay a fine, enter into a recognizance or suffer any penalty or forfeiture, he or

+ See more
she shall also be ordered to pay all costs of prosecution, unless directed otherwise by law.

(b) In superior court, the judge shall make a preliminary assessment of the defendant's ability to pay immediately after sentencing by use of the procedures specified in this section.

(c) In district court, the judge shall make a preliminary assessment of the defendant's ability to pay immediately after sentencing or nearly thereafter as practicable by use of the procedures specified in this section.

(d) The defendant's ability to pay and payment schedule shall be determined by use of standardized procedures including a financial assessment instrument. The financial assessment instrument shall be: (1) based upon sound and generally accepted accounting principles; (2) completed based on a personal interview of the defendant and includes any and all relevant information relating to the defendant's present ability to pay including, but not limited to, the information contained in § 12-20-10; and (3) made by the defendant under oath.

(e) The financial instrument may, from time to time and after hearing, be modified by the court.

(f) When persons come before the court for failure to pay fines, fees, assessments and other costs of prosecution, or court ordered restitution, and their ability to pay and payment schedule has not been previously determined, the judge, the clerk of the court, or their designee shall make these determinations by use of the procedures specified in this section.

(g) Nothing in this section shall be construed to limit the court's ability, after hearing in open court, to revise findings about a person's ability to pay and payment schedule made by the clerk of the court or designee, based upon the receipt of newly available, relevant, or other information.

All

Not provided for

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

N/A

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

+ Create New

Rhode Island R.I. Gen. Laws. Ann. § 12-19-32 Restitution

In addition to or in lieu of any non-mandatory sanction imposed as part of a sentence or as a condition of probation, a judge at the time of sentencing may

+ See more
order restitution which may be in the form of monetary payment or some type of community restitution. Provided, that any person sentenced to a period of incarceration at the adult correctional institutions shall be ineligible to participate in those programs established pursuant to chapter 8 of title 13, sections 42-56-20.2, 42-56-20.3 or 42-56-21, unless and until the restitution has been paid in full, or satisfactory arrangements have been made with the court if the person has the ability to pay. 

All

Not provided for

Not provided for Not provided for Not provided for No

Able to participate in programs without satisfying restitution payments.