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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Texas Tex. Code Crim. Proc. Art. 42A.303(f) Substance Abuse Felony Program

In establishing the amount of a fee under Subsection (d)(2), the judge shall consider fines, fees, and other necessary expenses for which the defendant is obligated. The judge may not:

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(1) establish the fee in an amount that is greater than 25 percent of the defendant's gross income while the defendant is a participant in residential aftercare; or (2) require the defendant to pay the fee at any time other than a time at which the defendant is both employed and a participant in residential aftercare.

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N/A

Before imposition of fine or fee Not provided for Determined by judge without hearing Yes

N/A

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Texas Tex. Code Crim. Proc. Art. 26.05(g) Compensation of Counsel Appointed to Defend

If the judge determines that a defendant has financial resources that enable the defendant to offset in part or in whole the costs of the legal services provided to the

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defendant in accordance with Article 1.051(c) or (d), including any expenses and costs, the judge shall order the defendant to pay during the pendency of the charges or, if convicted, as a reimbursement fee the amount that the judge finds the defendant is able to pay.

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Not provided for

Before imposition of fine or fee Not provided for Determined by judge without hearing Yes

Pay only attorney fee that defendant can afford to pay.

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Texas Tex. Code Crim. Proc. art. 42.038(c)-(d) Reimbursement for Confinement Expenses

(c) A judge may not require reimbursement under this article if the judge determines the defendant is indigent based on the defendant’s sworn statement or affidavit filed with the court.

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A court that requires reimbursement under this article may require the defendant to reimburse the county only for those days the defendant is confined after the date of conviction or on which a plea of guilty or nolo contendere was entered. The court may not require a defendant to reimburse the county for those days the defendant was confined after arrest and before the date of conviction or on which the plea of guilty or nolo contendere was entered.

(d) The court, in determining whether to order reimbursement under this article, shall consider: (1) the defendant’s employment status, earning ability, and financial resources; and (2) any other special circumstances that may affect the defendant’s ability to pay, including child support obligations and including any financial responsibilities owed by the defendant to dependents or restitution payments owed by the defendant to a victim.

Misdemeanor

The defendant’s employment status, earning ability, and financial resources; and any other special circumstances that may affect the defendant’s ability to pay, including child support obligations and including any financial

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responsibilities owed by the defendant to dependents or restitution payments owed by the defendant to a victim.

Before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge without hearing No

May not require reimbursement.

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Texas Tex. Code Crim. Proc. Art. 42A.652(b) Monthly Reimbursement Fee

The judge may make payment of the monthly reimbursement fee a condition of granting or continuing the community supervision. The judge may waive or reduce the reimbursement fee or suspend

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a monthly payment of the fee if the judge determines that payment of the reimbursement fee would cause the defendant a significant financial hardship.

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"significant financial hardship"

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

Waive or reduce the reimbursement fee or suspend a monthly payment of the fee

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Texas Fines and Costs(a-1),(c) Tex. Code Crim. Proc. Art. 42.15

(a-1) [2 Versions: As added by Acts 2017, 85th Leg., ch. 1127] Notwithstanding any other provision of this article, during or immediately after imposing a sentence in a case in

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which the defendant entered a plea in open court as provided by Article 27.13, 27.14(a), or 27.16(a), a court shall inquire whether the defendant has sufficient resources or income to immediately pay all or part of the fine and costs. If the court determines that the defendant does not have sufficient resources or income to immediately pay all or part of the fine and costs, the court shall determine whether the fine and costs should be:
(1) subject to Subsection (c), required to be paid at some later date or in a specified portion at designated intervals;
(2) discharged by performing community service under, as applicable, Article 43.09(f), Article 45.049, Article 45.0492, as added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature, Regular Session, 2011, or Article 45.0492, as added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature, Regular Session, 2011;
(3) waived in full or in part under Article 43.091 or 45.0491; or
(4) satisfied through any combination of methods under Subdivisions (1)—(3).
(c) When imposing a fine and costs in a misdemeanor case, if the court determines that the defendant is unable to immediately pay the fine and costs, the court shall allow the defendant to pay the fine and costs in specified portions at designated intervals.

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Sufficient resources or income to immediately pay all or part of the fine and costs

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

Court may order payment (1) at some later date or in a specified portion at designated intervals, (2) discharged by performing community service, (3) waived in full or in part, or

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(4) satisfied through any combination of methods (case in which the defendant entered a plea); pay the fine and costs in specified portions at designated intervals (misdemeanor).

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Texas Tex. Code Crim. Proc. Art. 42A.655 Ability to Pay

The court shall consider the defendant's ability to pay before ordering the defendant to make any payments under this chapter.

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Not provided for

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