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.
25 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
|
Washington | Wash. Rev. Code Ann. § 9.92.070 | Payment of fine and costs in installments |
Hereafter whenever any judge of any superior court or a district or municipal judge shall sentence any person to pay any fines, penalties, assessments, fees, and costs, the judge may, in the judge’s discretion, provide that such fines, penalties, assessments, fees, and costs may be paid in certain designated installments, or within certain designated period or periods. If the court finds that the defendant is indigent as defined in RCW 10.101.010(3) (a) through (c), the court shall allow for payment in certain designated installments or within certain designated periods. If such fines, penalties, assessments, fees, and costs shall be paid by the defendant in accordance with such order no commitment or imprisonment of the defendant shall be made for failure to pay such fine or costs. PROVIDED, that the provisions of this section shall not apply to any sentence given for the violation of any of the liquor laws of this state.
|
All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
The court shall allow for payment in certain designated installments or within certain designated periods |
Add to Dashboard
|
Washington | Wash. Rev. Code Ann. § 3.62.085 | Fee for conviction or plea of guilty |
Upon conviction or a plea of guilty in any court organized under this title or Title 35 RCW, a defendant in a criminal case is liable for a fee of forty-three dollars, except this fee shall not be imposed on a defendant who is indigent as defined in RCW 10.101.010(3) (a) through (c).
|
All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Fee waiver. |
Add to Dashboard
|
Washington | Wash. Rev. Code Ann. § 10.46.190 | Liability of convicted person for costs--Jury fee |
Every person convicted of a crime or held to bail to keep the peace may be liable to all the costs of the proceedings against him or her, including, when tried by a jury in the superior court or before a committing magistrate, a jury fee as provided for in civil actions for which judgment shall be rendered and collected. The court shall not order a defendant to pay costs, as described in RCW 10.01.160, if the court finds that the person at the time of sentencing is indigent as defined in RCW 10.101.010(3) (a) through (c). T
|
All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Court shall not order a defendant to pay costs |
Add to Dashboard
|
Washington | Wash. Rev. Code Ann. § 10.64.015 | Judgment to include costs--Exception |
When the defendant is found guilty, the court shall render judgment accordingly, and the defendant may be liable for all costs, unless the court or jury trying the cause expressly find otherwise. The court shall not order a defendant to pay costs, as described in RCW 10.01.160, if the court finds that the person at the time of sentencing is indigent as defined in RCW 10.101.010(3) (a) through (c).
|
All | Not provided for | Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Court shall not order a defendant to pay costs |
Add to Dashboard
|
Washington | Wash. Rev. Code Ann. § 9.94A.760(1),(3) | Legal financial obligations |
(1) Whenever a person is convicted in superior court, the court may order the payment of a legal financial obligation as part of the sentence. The court may not order an offender to pay costs as described in RCW 10.01.160 if the court finds that the offender at the time of sentencing is indigent as defined in RCW 10.101.010(3) (a) through (c). An offender being indigent as defined in RCW 10.101.010(3) (a) through (c) is not grounds for failing to impose restitution or the crime victim penalty assessment under RCW 7.68.035. The court must on either the judgment and sentence or on a subsequent order to pay, designate the total amount of a legal financial obligation and segregate this amount among the separate assessments made for restitution, costs, fines, and other assessments required by law. On the same order, the court is also to set a sum that the offender is required to pay on a monthly basis towards satisfying the legal financial obligation. If the court fails to set the offender monthly payment amount, the department shall set the amount if the department has active supervision of the offender, otherwise the county clerk shall set the amount.
If the court determines that the offender, at the time of sentencing, has the means to pay for the cost of incarceration, the court may require the offender to pay for the cost of incarceration at a rate of fifty dollars per day of incarceration, if incarcerated in a prison, or the court may require the offender to pay the actual cost of incarceration per day of incarceration, if incarcerated in a county jail. (3) If the court determines that the offender, at the time of sentencing, has the means to pay for the cost of incarceration, the court may require the offender to pay for the cost of incarceration. The court shall not order the offender to pay the cost of incarceration if the court finds that the offender at the time of sentencing is indigent as defined in RCW 10.101.010(3) (a) through (c). |
All |
Indigent |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Waiver of costs of incarceration |
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.