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16 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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Virginia | Va. Code Ann. § 19.2-355 | Petition of defendant |
(a) In determining whether the defendant is unable to pay such fine forthwith, the court may require such defendant to file a petition, under oath, with the court, upon a + See moreform provided by the court, setting forth the financial condition of the defendant.
(b) Such form shall be a questionnaire, and shall include, but shall not be limited to: the name and residence of the defendant; his occupation, if any; his family status and the number of persons dependent upon him; his monthly income; whether or not his dependents are employed and, if so, their approximate monthly income; his banking accounts, if any; real estate owned by the defendant, or any interest he may have in real estate; income produced therefrom; any independent income accruing to the defendant; tangible and intangible personal property owned by the defendant, or in which he may have an interest; and a statement listing the approximate indebtedness of the defendant to other persons. Such form shall also include a payment plan of the defendant, if the court should exercise its discretion in permitting the payment of such fine and costs in installments or other conditions to be fixed by the court.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | No |
permitting the payment of such fine and costs in installments or other conditions to be fixed by the court |
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Virginia | Va. Code Ann. § 19.2-358(C) | Show cause hearing on default |
B. Following the order to show cause or following a capias issued for a defendant's failure to comply with a court order to appear issued pursuant to subsection A of + See more§ 19.2-354, unless the defendant shows that his default was not attributable to an intentional refusal to obey the sentence of the court, or not attributable to a failure on his part to make a good faith effort to obtain the necessary funds for payment, or unless the defendant shows that any failure to appear was not attributable to an intentional refusal to obey the order of the court, the court may order the defendant confined as for a contempt for a term not to exceed sixty days or impose a fine not to exceed $500. The court may provide in its order that payment or satisfaction of the amounts in default at any time will entitle the defendant to his release from such confinement or, after entering the order, may at any time reduce the sentence for good cause shown, including payment or satisfaction of such amounts.
C. If it appears that the default is excusable under the standards set forth in subsection B hereof, the court may enter an order allowing the defendant additional time for payment, reducing the amount due or of each installment, or remitting the unpaid portion in whole or in part.
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All | Not provided for | At enforcement of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
additional time for payment, reducing the amount due or of each installment, or remitting the unpaid portion in whole or in part |
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Virginia | Va. Code Ann. § 19.2-363 | Authority of Governor to grant relief from fines and penalties in case of deceased defendant |
provided, that when the party against whom the fine or penalty has been imposed and judgment rendered therefor has departed this life leaving a spouse or children surviving, the Governor + See moremay remit such fine or penalty upon the certificate of the judge of the circuit court of the county or city wherein such fine or penalty was imposed and judgment rendered, that to enforce the same against the estate, real or personal, of the decedent, would impose hardship upon the spouse or children
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All |
would impose hardship upon the spouse or children |
At defendant's request at enforcement | Not provided for | Determined by judge after hearing | No |
remittance |
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Virginia | Va. Code Ann. § 19.2-299.2(C) | Local alcohol safety action program - ability to pay |
If the referral is to the local alcohol safety action program, the program may charge a fee for the education and intervention component, or both, not to exceed $300, based + See moreupon the defendant's ability to pay.
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All | Not provided for | Not provided for | Not provided for | Not provided for | Yes |
Not specified |
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Virginia | Va. Code Ann. § 53.1-150.1 | Substance abuse treatment as condition of parole - exemptions |
Any person who is granted parole and who is required to receive substance abuse treatment as a condition of parole shall contribute towards the cost of such treatment based upon + See morehis ability to pay, as established pursuant to regulations promulgated by the Board of Corrections. The regulations shall provide that (i) any fees collected for such treatment shall be paid directly to the service provider and (ii) any person may be exempt from the payment of such fees on the grounds of unreasonable hardship.
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All |
unreasonable hardship |
Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
exemption from payment of fees |
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Virginia | Va. Code Ann. § 18.2-57.3(D) | Education/treatment program sliding scale fee structure |
The court shall require the person entering such education or treatment program or services under the provisions of this section to pay all or part of the costs of the + See moreprogram or services, including the costs of any assessment, evaluation, testing, education and treatment, based upon the person's ability to pay. Such programs or services shall offer a sliding-scale fee structure or other mechanism to assist participants who are unable to pay the full costs of the required programs or services.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
sliding scale fee structure |
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Virginia | Va. Code Ann. § 18.2-251 | Program costs - ability to pay |
The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of + See morethe screening, assessment, testing, and treatment, based upon the accused's ability to pay unless the person is determined by the court to be indigent.
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All |
Indigence |
Before imposition of fine or fee | Not provided for | Other | Yes |
exemption from payment of fees |
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Virginia | Va. Code Ann. § 18.2-258.1(H) | Program costs - indigency |
The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of + See morethe screening, evaluation, testing and education, based upon the person's ability to pay unless the person is determined by the court to be indigent.
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All |
Indigence |
Before imposition of fine or fee | Not provided for | Other | Yes |
exemption from payment of fees |
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Virginia | Va. Code Ann. § 18.2-271.1(B) | Waiver of fee - indigency | Upon a positive finding that the defendant is indigent, the court may reduce or waive the fee. | All |
Indigence |
Not provided for | Not provided for | Not provided for | No |
waiver of fee |
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Wisconsin | Wis. Stat. § 814.67(bg) | Witnesses fee for indigent defendants | (bg) For interpreters assisting the state public defender in representing an indigent in preparing for court proceedings, $35 per one?half day. | All | Not provided for | Not provided for | Not provided for | Not provided for | Yes | Not provided for |
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Wisconsin | Wis. Stat. § 973.055(4) | Domestic abuse surcharge waiver |
(4) A court may waive part or all of the domestic abuse surcharge under this section if it determines that the imposition of the full surcharge would have a negative + See moreimpact on the offenders family.
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All | Not provided for | Not provided for | Not provided for | Not provided for | No | Not provided for |
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Wisconsin | Wis. Stat. § 977.06 | Determination of Indigence |
(1) DUTIES. The state public defender shall determine whether persons are indigent and shall establish a system to do all of the following:
(a) Verify the information necessary to determine indigence + See moreunder rules promulgated under s. 977.02 (3). The information provided by a person seeking assigned counsel that is subject to
verification shall include any social security numbers provided on an application under sub. (1m), income records, value of assets, eligibility for public assistance, and claims of expenses.
(b) Redetermine indigence during the course of representation
of persons receiving representation.
(c) Record the amount of time spent on each case by the attorney appointed under s. 977.08. (d) Collect for the cost of representation from persons who are indigent in part or who have been otherwise determined to be able to reimburse the state public defender for the cost of providing
counsel.
(1m) APPLICATION FOR REPRESENTATION. The state public defender shall request each person seeking to have counsel assigned for him or her under s. 977.08, other than a child who is
entitled to be represented by counsel under s. 48.23 or 938.23, to provide the state public defender with his or her social security number and the social security numbers of his or her spouse an dependent children, if any.
(2) VERIFICATIONS. (a) A person seeking to have counsel assigned for him or her under s. 977.08, other than a person who is entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, shall sign a statement declaring that he or she has not disposed of any assets for the purpose of qualifying for that assignment of counsel. If the representative or authority making the indigence determination finds that any asset was disposed of for less than its fair market value for the purpose of obtaining that assignment of counsel, the asset shall be counted under rules promulgated under s. 977.02 (3) at its fair market value at the time it was disposed of, minus the amount of compensation received for the asset.
(am) A person seeking to have counsel assigned for him or her under s. 977.08, other than a person who is entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, shall sign a statement declaring that the information that he or she has given to determine eligibility for assignment of counsel he or she believes to be true and that he or she is informed that he or she is subject to the penalty under par. (b).
(b) A person who makes a false representation that he or she does not believe is true for purposes of qualifying for assignment of counsel is guilty of a Class I felony.
(3) REDETERMINATIONS. (a) Unless the court has made an adjustment under s. 973.06 (1) (e), upon determination at the conclusion of a case that a persons financial circumstances are changed, the state public defender may adjust the amount of payment for counsel.
(b) The state public defender may petition a court that ordered
payment under s. 757.66, 973.06 (1) (e) or 977.076 (1) to modify
an order or judgment to adjust the amount of payment or the
scheduled amounts at any time.
(c) Except as provided in ss. 48.275 (2) (b) and 938.275 (2) (b),
an adjustment under this subsection shall be based on the persons
ability to pay and on the fee schedule established by the board
under s. 977.075 (3).
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All |
Unspecified |
At defendant's request before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
Public defender services are funded 100% through the state of Wisconsin. KNOW YOUR STATE, SIXTH AMENDMENT CTR. (Last visited Jan. 29, 2017), http://sixthamendment.org/state-indigent-defense-systems/ . |
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Wisconsin | Wis. Stat. § 973(3) | Community Service in lieu of fine |
(3) (a) In lieu of part or all of a fine imposed by a court, the court may stay the execution of part or all of the sentence and provide + See morethat the defendant perform community service work under pars. (b) and (c). Any applicable driver improvement surcharge under s. 346.655, any safe ride program surcharge under s. 346.657, or any domestic abuse surcharge under s. 973.055 shall be imposed under ch. 814 regardless of whether part or all of the sentence has been stayed. If the defendant fails to comply with the community service order, the court shall order the defendant brought before the court for imposition of sentence. If the defendant complies with the community service order, he or she has satisfied that portion of the sentence.
(b) The court may require that the defendant perform community service work for a public agency or a nonprofit charitable organization. The number of hours of work required may not exceed what would be reasonable considering the seriousness of the offense and any other offense which is read into the record at the time of conviction. An order may only apply if agreed to by the defendant and the organization or agency. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.
(c) Any organization or agency acting in good faith to which a defendant is assigned pursuant to an order under this subsection has immunity from any civil liability in excess of $25,000 for act or omissions by or impacting on the defendant.
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All |
Not specified. In the discretion of the court at time of sentencing under this statute. |
Not provided for | Not provided for | Not provided for | No |
Defendant must complete a number of hours of community service work. The number of hours is determined by the court and should not exceed what would be reasonable given the severity of the crime.
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Wisconsin | Wis. Stat. § 938.235(8)(b) | Compensation for guardian ad litem |
The court may order either or both of the parents of a juvenile for whom a guardian ad litem is appointed under this chapterto pay all or any part of + See morethe compensation of the guardian ad litem. Upon motion by the guardian ad litem, the court may order either or both of the parents of the juvenile to pay the fee for an expert witness used by the guardian ad litem, if the guardian ad litem shows that the use of the expert is necessary to assist the guardian ad litem in performing his or her functions or duties under this chapter. If one or both of the parents are indigent or if the court determines that it would be unfair to a parent to require him or her to pay, the court may order the county of venue to pay the compensation and fees, in whole or in part. If the court orders the county of venue to pay, the court may also order either or both of the parents to reimburse the county, in whole or in part, for the payment.
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All |
Not specified. |
Not provided for | Not provided for | Determined by judge without hearing | No |
The court may order the county of venue to pay instead. |
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Wisconsin | Wis. Stat. § 814.29(1) | Security for costs, service and fees for indigents |
1) (a) Except as provided in sub. (1m), any person may commence, prosecute or defend any action or special proceeding in any court, or any writ of error or appeal + See moretherein, without beingrequired to give security for costs or to pay any service or fee, upon order of the court based on a finding that because of poverty the person is unable to pay the costs of the action or special proceeding, or any writ of error or appeal therein, or to give security for those costs.
(b) A person seeking an order under par. (a) shall file in the court an affidavit in the form prescribed by the judicial conference, setting forth briefly the nature of the cause, defense or appeal and facts demonstrating his or her poverty.
(c) The finding and order of the court under par. (a) shall be in the form prescribed by the judicial conference. The court may deny the request for an order if the court finds that the affidavit states no claim, defense or appeal upon which the court may grant relief.
(d) The court shall make a finding of poverty and issue an order
under par. (a) if the affidavit demonstrates any of the following:
1. That the person is a recipient of means?tested public assistance,
including aid to families with dependent children, relief
funded by a relief block grant under ch. 49, relief provided by
counties under s. 59.53 (21), medical assistance, supplemental
security income, food stamps or benefits received by veterans
under s. 45.40 (1m) or under 38 USC 501 to 562 [38 USC 1501
to 1562].
2. That the person is represented by an attorney through a
legal services program for indigent persons, including, without
limitation, those funded by the federal legal services corporation,
the state public defender or volunteer attorney programs based on
indigence.
3. That the person is otherwise unable, because of poverty, to
pay the costs of the action, proceeding or appeal or to give security
for those costs. In determining the persons ability under this subdivision
to pay or give security for fees and costs, the court shall
consider the persons household size, income, expenses, assets
and debts and the federal poverty guidelines under 42 USC 9902
(2).
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All |
In determining the persons ability under this subdivision and the federal poverty guidelines under 42 USC 9902
(2). |
Not provided for | Burden on defendant to show inability to pay | Determined by judge without hearing | No | Not provided for |
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Wisconsin | Wis. Stat. § 800.09(1g) | Judgment |
The court may defer payment of any judgment or provide for installment payments. At the time that the judgment is rendered, the court shall inform the defendant, orally and in + See morewriting, of the date by which restitution and the payment of the forfeiture, plus costs, fees, and surcharges imposed under ch. 814, must be made, and of the possible consequences of failure to do so in timely fashion, including imprisonment, as provided in s.800.095, or suspension of the defendants motor vehicle operating privilege, as provided in sub. (1b) (c), if applicable. In addition, the court shall inform the defendant, orally and in writing, that the defendant should notify the court if he or she is unable to pay the judgment because of poverty, as that term is used in s. 814.29 (1)(d), and that he or she may request community service in lieu of payment of the judgment. If the defendant is not present, the court shall ensure that the information is sent to the defendant by mail. If the defendant is present and the court, using the criteria in s. 814.29 (1) (d), determines that the defendant is unable to pay the judgment because of poverty, the court shall provide the defendant with an opportunity to pay the judgment in installments, taking into account the defendants income, or to perform communityservice in lieu of payment of the judgment. In 1st class cities, all of the written information required by this subsection shall be printed in English and Spanish and provided to each defendant.
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All |
Not specified. |
Before imposition of fine or fee | Not provided for | Other | No |
The court may impose community service if the defendant is unable to complete payment of the judgment |
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