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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
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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West Virginia | W. Va. Code § 62-12-17(a)(5),(c) | Conditions of release on probation and parole |
(a) Release and supervision on parole of any person, including the supervision by the Division of Corrections of any person paroled by any other state or by the federal government, shall be upon the following conditions: . . . (5) That the parolee, and all federal or foreign state probationers and parolees whose supervision may have been undertaken by this state, pay a fee, based on his or her ability to pay, not to exceed $40 per month to defray the costs of supervision.
(c) The Division of Corrections shall consider the following factors in determining whether a parolee or probationer is financially able to pay the fee: (1) Current income prospects for the parolee or probationer, taking into account seasonal variations in income; (2) Liquid assets of the parolee or probationer, assets of the parolee or probationer that may provide collateral to obtain funds and assets of the parolee or probationer that may be liquidated to provide funds to pay the fee; (3) Fixed debts and obligations of the parolee or probationer, including federal, state and local taxes and medical expenses; (4) Child care, transportation and other reasonably necessary expenses of the parolee or probationer related to employment; and (5) The reasonably foreseeable consequences for the parolee or probationer if a waiver of, or reduction in, the fee is denied. |
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Consideration of: (1) Current income prospects for the parolee or probationer, taking into account seasonal variations in income; (2) Liquid assets of the parolee or probationer, assets of the parolee or probationer that may provide collateral to obtain funds and assets of the parolee or probationer that may be liquidated to provide funds to pay the fee; (3) Fixed debts and obligations of the parolee or probationer, including federal, state and local taxes and medical expenses; (4) Child care, transportation and other reasonably necessary expenses of the parolee or probationer related to employment; and (5) The reasonably foreseeable consequences for the parolee or probationer if a waiver of, or reduction in, the fee is denied.
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Before imposition of fine or fee | Not provided for | Administrative decision | No |
No fee or reduced fee |
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West Virginia | W. Va. Code § 61-11A-4(g) | Restitution; when ordered |
(g) If the defendant is placed on probation or paroled under this article, any restitution ordered under this section shall be a condition of the probation or parole unless the court or Parole Board finds restitution to be wholly or partially impractical as set forth in this article.
The court may revoke probation and the Parole Board may revoke parole if the defendant fails to comply with the order. In determining whether to revoke probation or parole, the court or Parole Board shall consider the defendant's employment status, earning ability, financial resources, the willfulness of the defendant's failure to pay, and any other special circumstances that may have a bearing on the defendant's ability to pay. |
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The defendant's employment status, earning ability, financial resources, the willfulness of the defendant's failure to pay, and any other special circumstances that may have a bearing on the defendant's ability to pay.
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Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Court/Parole Board may choose not to revoke probation or parole. |
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West Virginia | W. Va. Code § 50-3-2a(c)(1) | Payment by credit card or payment plan; suspension of licenses for failure to make payments or appear or respond; restitution; liens |
(c)(1) If any costs, fines, fees, forfeitures, restitution or penalties imposed by the magistrate court in a criminal case are not paid within one hundred eighty days from the date of judgment and the expiration of any stay of execution, the magistrate court clerk or, upon judgment rendered on appeal, the circuit clerk shall notify the Commissioner of the Division of Motor Vehicles of the failure to pay: Provided, That in a criminal case in which a nonresident of this state is convicted of a motor vehicle violation defined in section three-a [§ 17B-3-3a], article three, chapter seventeen-b of this code, the appropriate clerk shall notify the Division of Motor Vehicles of the failure to pay within eighty days from the date of judgment and expiration of any stay of execution. Upon notice, the Division of Motor Vehicles shall suspend any privilege the person defaulting on payment may have to operate a motor vehicle in this state, including any driver's license issued to the person by the Division of Motor Vehicles, until all costs, fines, fees, forfeitures, restitution or penalties are paid in full. The suspension shall be imposed in accordance with the provisions of section six [§ 17B-3-6], article three, chapter seventeen-b of this code: Provided, That any person who has had his or her license to operate a motor vehicle in this state suspended pursuant to this subsection and his or her failure to pay is based upon inability to pay, may, if he or she is employed on a full- or part-time basis, petition to the circuit court for an order authorizing him or her to operate a motor vehicle solely for employment purposes. Upon a showing satisfactory to the court of inability to pay, employment and compliance with other applicable motor vehicle laws, the court shall issue an order granting relief.
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Not provided for |
At enforcement of fine or fee | Burden on defendant to show inability to pay | Determined by judge without hearing | No |
Circuit court may issue an order authorizing the individual to operate a motor vehicle solely for employment purposes. |
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