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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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Washington Wash. Rev. Code Ann. § 9.94B.040(4)(c) Noncompliance with condition or requirement of sentence — Procedure — Penalty.

(c) The state has the burden of showing noncompliance by a preponderance of the evidence. The court may not sanction the offender for failure to pay legal financial obligations unless

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the court finds, after a hearing and on the record, that the failure to pay is willful. A failure to pay is willful if the offender has the current ability to pay but refuses to do so. In determining whether the offender has the current ability to pay, the court shall inquire into and consider: (i) The offender’s income and assets; (ii) the offender’s basic living costs as defined by RCW 10.101.010 and other liabilities including child support and other legal financial obligations; and (iii) the offender’s bona fide efforts to acquire additional resources. An offender who is indigent as defined by RCW 10.101.010(3) (a) through (c) is presumed to lack the current ability to pay;

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Court shall inquire into and consider: (i) The offender’s income and assets; (ii) the offender’s basic living costs as defined by RCW 10.101.010 and other liabilities including child support and

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other legal financial obligations; and (iii) the offender’s bona fide efforts to acquire additional resources; indigent.

At enforcement of fine or fee Burden on government to show ability to pay Determined by judge without hearing No

Court may not sanction the offender for failure to pay legal financial obligations