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.
26 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
|
South Carolina | S.C. Code Ann. § 17-27-60 | Court costs and expenses for indigents |
If the applicant is unable to pay court costs and expenses of representation, including stenographic, printing and legal services, these costs and expenses shall be made available to the applicant + See morein the trial court, and on review, in amounts and to the extent funds are made available to indigent defendants by the General Assembly.
|
All |
unable to pay costs |
Not provided for | Not provided for | Not provided for | Yes |
costs made available to the defendant |
Add to Dashboard
|
South Carolina | S.C. Code Ann. § 17-25-350 | Schedule for payment of fine by indigent; consequences of failure to comply. |
In any offense carrying a fine or imprisonment, the judge or magistrate hearing the case shall, upon a decision of guilty of the accused being determined and it being established + See morethat he is indigent at that time, set up a reasonable payment schedule for the payment of such fine, taking into consideration the income, dependents and necessities of life of the individual. Such payments shall be made to the magistrate or clerk of court as the case may be until such fine is paid in full. Failure to comply with the payment schedule shall constitute contempt of court; however, imprisonment for contempt may not exceed the amount of time of the original sentence, and where part of the fine has been paid the imprisonment cannot exceed the remaining pro rata portion of the sentence.No person found to be indigent shall be imprisoned because of inability to pay the fine in full at the time of conviction.
Entitlement to free counsel shall not be determinative as to defendant's indigency.
|
All |
indigent |
Not provided for | Not provided for | Not provided for | Yes |
reasonable payment plan |
Add to Dashboard
|
South Carolina | S.C. Code Ann. § 23-3-540(K) | Electronic monitoring; reporting damage to or removing monitoring device; penalty |
(K) The person must be charged for the cost of the active electronic monitoring device and the operation of the active electronic monitoring device for the duration of the time + See morethe person is required to be electronically monitored. The Department of Probation, Parole and Pardon Services may exempt a person from the payment of a part or all of the cost during a part or all of the duration of the time the person is required to be electronically monitored, if the Department of Probation, Parole and Pardon Services determines that exceptional circumstances exist such that these payments cause a severe hardship to the person.
|
All |
exceptional circumstances exist such that these payments cause a severe hardship to the person |
Before imposition of fine or fee | Not provided for | Administrative decision | No |
waiver of all or part of fee |
Add to Dashboard
|
South Carolina | S.C. Code Ann. § 16-3-740(C)(4) | Testing of certain convicted offenders for Hepatitis B and HIV |
If the offender is subsequently convicted or adjudicated delinquent, the offender or the parents of an adjudicated offender must reimburse the State for the costs of the tests unless the + See moreoffender or the parents of the adjudicated offender are determined to be indigent.
|
All | Not provided for | At enforcement of fine or fee | Not provided for | Not provided for | Yes |
waiver from reimbursing state for cost of tests |
Add to Dashboard
|
South Carolina | S.C. Code Ann. § 16-3-2040(C) | Restitution for victims of trafficking | (C) If a person is unable to pay restitution at the time of sentencing, or at any other time, the court may set restitution pursuant to Section 16-3-1270. | All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
not specified |
Add to Dashboard
|
South Carolina | S.C. Code Ann. § 17-3-30(B) | Affidavit of inability to employ counsel; payment of indigent's assets to state; application fee; waiver or reduction of fee |
If the clerk or other appropriate official determines that the person is unable to pay the application fee, the fee may be waived or reduced, provided that if the fee + See moreis waived or reduced, the clerk or appropriate official shall report the amount waived or reduced to the trial judge upon sentencing and the trial judge shall order the remainder of the fee paid during probation if the person is granted probation.
|
All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | No |
fee waived or reduced |
Add to Dashboard
|
South Carolina | S.C. Code Ann. § 17-3-45(B) | Affidavit of assets of persons seeking appointed counsel; application fee |
If it is determined that the person is unable to pay the application fee, the fee may be waived or reduced, provided that if the fee is waived or reduced, + See morethe clerk or appropriate official shall report the amount waived or reduced to the trial judge and the trial judge shall order the remainder of the fee paid during probation if the person is granted probation or by a time payment method if probation is not granted or appropriate.
|
All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | No |
fee waived or reduced |
Add to Dashboard
|
South Carolina | S.C. Code Ann. § 17-22-110 | Fees for application and participation; waiver | All fees or costs of supervision may be waived partially or totally by the solicitor in cases of indigency. | All | Not provided for | Not provided for | Not provided for | Not provided for | No |
partial or total waiver of fees |
Add to Dashboard
|
South Carolina | S.C. Code Ann. § 17-22-350(A) | Fees; waiver; distribution of fee proceeds |
Participation in a traffic education program may not be denied due to a person's inability to pay. If a person is deemed unable to pay, both the application fee and + See morethe participation fee must be waived.
|
All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
waiver |
Add to Dashboard
|
South Carolina | S.C. Code Ann. § 17-22-550 | Fees; waiver |
However, participation in an alcohol education program may not be denied due to a person's inability to pay these fees. If a person is deemed unable to pay, the fees + See morefor enrollment, education, and supervision services may be waived or reduced at the discretion of each solicitor.
|
All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
waived or reduced |
Add to Dashboard
|
South Carolina | S.C. Code Ann. § 17-25-150(B) | Responsibilities of program; mandatory community penalty plan provisions; limitation upon use of funds |
(B) Every community penalty plan must include the following:....(4) payment of such fees and costs of the program by the offender unless the court grants a waiver due to indigency. + See moreProcedures for collecting a fee from offenders must be implemented based on a sliding scale according to income and ability to pay;
|
All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
waiver |
Add to Dashboard
|
South Carolina | S.C. Code Ann. § 17-25-322(B) | Restitution to crime victim by person convicted of crime; hearing; determination of method, manner, and amount; entry of order |
(B) In determining the manner, method, or amount of restitution to be ordered, the court may take into consideration the following:(1) the financial resources of the defendant and the victim + See moreand the burden that the manner or method of restitution will impose upon the victim or the defendant;
(2) the ability of the defendant to pay restitution on an installment basis or on other conditions to be fixed by the court;
(3) the anticipated rehabilitative effect on the defendant regarding the manner of restitution or the method of payment;
(4) any burden or hardship upon the victim as a direct or indirect result of the defendant's criminal acts;
(5) the mental, physical, and financial well-being of the victim.
|
All |
financial resources of the defendant and the victim and the burden that the manner or method of restitution will impose upon the victim or the defendant |
Before imposition of fine or fee | Not provided for | Not provided for | No |
not specified |
Add to Dashboard
|
South Carolina | S.C. Code Ann. § 24-21-80 | Probationers and parolees to pay supervision fee; intensive supervision fee; hardship exemption; delinquencies; substitution of public service |
The intensive supervision fee must be determined by the department based upon the ability of the person to pay. Fees derived from persons under intensive supervision must be retained by + See morethe department, carried forward, and applied to the department's operation. The department may exempt any individual supervised by the department on any community supervision program from the payment of a part or all of the yearly or weekly fee during any part or all of the supervision period only if the department determines that exceptional circumstances exist such that these payments work a severe hardship on the individual.
|
All |
exceptional circumstances exist such that these payments work a severe hardship on the individual. |
Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
partial or total exemption |
Add to Dashboard
|
South Carolina | S.C. Code Ann. § 24-21-80 | Probationers and parolees to pay supervision fee; intensive supervision fee; hardship exemption; delinquencies; substitution of public service |
An adult placed on probation, parole, or community supervision shall pay a regular supervision fee toward offsetting the cost of his supervision for so long as he remains under supervision. + See moreThe regular supervision fee must be determined by the Department of Probation, Parole, and Pardon Services based upon the ability of the person to pay.
|
All | Not provided for | Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
not specified |
Add to Dashboard
|
South Carolina | S.C. Code Ann. § 24-21-100(B) | Administrative monitoring when fines outstanding; fee |
(B) An individual placed on administrative monitoring shall pay a regular monitoring fee toward offsetting the cost of his administrative monitoring for the period of time that he remains under + See moremonitoring. The regular monitoring fee must be determined by the department based upon the ability of the person to pay.
|
All | Not provided for | Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
not specified |
Add to Dashboard
|
South Carolina | S.C. Code Ann. § 24-21-480 | Restitution Center program; distribution of offenders' salaries |
The offender must deliver his salary to the restitution center staff who must distribute it in the following manner: 4) payment of a daily fee for housing and food. This + See morefee may be set by the department with the approval of the Department of Administration. The fee must be based on the offender's ability to pay not to exceed the actual costs.
|
All | Not provided for | Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
not specified |
Add to Dashboard
|
South Carolina | S.C. Code Ann § 16-25-20(G) | Acts prohibited; penalties | The offender shall pay a reasonable fee, if required, for participation in the program but no person may be denied participation due to inability to pay. | All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
not specified |
Add to Dashboard
|
Vermont | Vt. Stat. Ann. tit. 13 § 5238(f) | Co-payment and reimbursement orders |
A person who may be or has been ordered to pay all or part of the cost of representation by co-payment or reimbursement order may at any time petition the court making the order for remission of all of the amount or any part thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardships on the defendant or the defendant's immediate family or that the circumstances of case disposition and the interests of justice so require, the court may remit all or part of the amount due or modify the method of payment.
|
All |
Payment of the amount due will impose manifest hardships on the defendant or the defendant's immediate family or that the circumstances of case disposition and the interests of justice so require.
|
At defendant's request before imposition of fine or fee | Burden on defendant to show inability to pay | Other | No |
Court will remit all or part of the amount due or modify the method of payment. |
Add to Dashboard
|
Vermont | Vt. Stat. Ann. tit. 13 § 7180(c)(3),(4)(C) | Remedies for failure to pay fines, costs, surcharges, and penalties |
(c) Civil contempt proceeding. (3) Hearing. -- The hearing shall be conducted in a summary manner. The court shall examine the defendant and any other witnesses and may require the defendant to produce documents relevant to the defendant's ability to pay the amount due. Evidence is admissible if it is of a type commonly relied upon by a reasonably prudent person in the conduct of his or her affairs. The Vermont Rules of Evidence shall not apply except that the rules related to privilege shall apply. The State shall not be a party except with the permission of the court. The defendant may be represented by counsel at the defendant's own expense.
(4)(C) If the court concludes that the defendant is not in contempt because the defendant does not have the ability to pay the amount due, the court may: (i) suspend all or any part of the amount due in the interests of justice, except that the court may not waive surcharges imposed pursuant to section 7282 of this title; (ii) order the defendant to participate in the Restorative Justice Program conducted by a community reparative board and direct the reparative board to determine an appropriate amount of community service to be performed in lieu of all or part of the amount due. |
All |
Not provided for |
At enforcement of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | Yes |
Suspend all or any part of the amount due in the interests of justice, except that the court may not waive surcharges imposed pursuant to section 7282 of this title; order the defendant to participate in the Restorative Justice Program conducted by a community reparative board and direct the reparative board to determine an appropriate amount of community service to be performed in lieu of all or part of the amount due.
|
Add to Dashboard
|
Vermont | Vt. Stat. Ann. tit. 13 § 7180(f) | Community service for traffic offense |
(f) (1) A defendant who is not incarcerated may file a motion to convert all or part of a traffic offense fine to community service. The court may grant the motion if the defendant establishes that he or she has made a good faith effort to pay the fine but is unable to do so. A fine converted to community service pursuant to this subsection shall not be considered a modification of sentence and shall not be subject to the time limits of Vermont Rule of Criminal Procedure 35.
(2) Community service performed pursuant to a motion granted under this subsection shall be: (A) credited against outstanding fines at the then-existing rate of the Vermont minimum wage: (B) monitored by Diversion, a restorative justice panel of a community justice center, or a similar entity approved by the court, that shall report on the defendant's compliance status to the court; (C) performed in the county where the offense occurred. (3) A conversion of a fine to community service under this subsection: (A) shall not apply to surcharges, court costs, or other assessments; (B) shall be in addition to the contempt procedures applicable under this section. |
Traffic |
Made a good faith effort to pay the fine but is unable to do so. |
At defendant's request at enforcement | Burden on defendant to show inability to pay | Other | No |
Convert to community service |
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.