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.

6 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

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
+ See more
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

"will impose manifest hardships on the defendant"

At defendant's request before imposition of fine or fee Burden on defendant to show inability to pay Other No

remit all or part of the amount due or modify the method of payment

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

+ Create New

Vermont Vt. Stat. Ann. tit. 13 § 7180(c)(3) Contempt hearing
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
+ See more
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.
All Not provided for At enforcement of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing Yes

i) suspend all or any part of the amount due in the interest of justice, except that the Court may not waive surcharges imposed pursuant to section 7282 of this

+ See more
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.

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

+ Create New

Vermont Vt. Stat. Ann. tit. 13 § 7180(f)(1) Community service for traffic offense
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
+ See more
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.
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

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

+ Create New

Vermont Vt. Stat. Ann. tit. 13 § 2022 Bad checks
A person who issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee, shall be imprisoned
+ See more
for not more than one year or fined not more than $1,000.00 or both. The court shall order restitution in the amount of the check or order, together with a service charge not to exceed $5.00, if it is established that the defendant has the ability to pay.
Misdemeanor

"ability to pay"

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

No restitution ordered

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

+ Create New

Vermont Vt. Stat. Ann. tit. 13 § 7043(d)(2) Restitution
In awarding restitution, the Court shall make findings with respect to: . . . The offender's current ability to pay restitution, based on all financial information available to the Court,
+ See more
including information provided by the offender.
All

"current ability to pay"

Before imposition of fine or fee Not provided for Determined by judge after hearing Yes

Payment plan

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

+ Create New

Vermont Vt. Stat. Ann. tit. 13 § 5238 Co-payment for counsel
The court shall require any person assigned counsel pursuant to section 5236 of this title to pay for all or part of the cost of representation based upon his or
+ See more
her ability to pay. Unless the person and cohabiting family members are found to be financially unable to pay, in all cases the court shall order a minimum payment of $50.00. This assignment fee shall be paid within 60 days of assignment of counsel. If the court finds that the income of the person and cohabiting family members for the past year equaled or exceeded 125 percent of the federal poverty level applicable to their family size, the balance to be paid by the person found eligible, when added to the minimum assignment fee, shall be equal to the amount calculated according to the following chart: . . . (d) To the extent that the court finds that the eligible person has income or assets available to enable payment of an immediate co-payment, it shall order such a co-payment to cover in whole or in part the amount of the costs of representation to be borne by the eligible person. The co-payment shall be paid to the clerk of the court. Any portion of the co-payment not paid to the clerk may be included in a reimbursement order. . . . 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

"unable to pay"; "manifest hardship" in case of petitioning for remission

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

Not having to pay the cost or minimum fee for representation