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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Washington Wash. Rev. Code Ann 9.94A.780(1) Offender supervision intake fees
The department may exempt or defer a person from the payment of all or any part of the intake fee based upon any of the following factors:(a) The offender has
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diligently attempted but has been unable to obtain employment that provides the offender sufficient income to make such a payment. (b) The offender is a student in a school, college, university, or a course of vocational or technical training designed to fit the student for gainful employment. (c) The offender has an employment handicap, as determined by an examination acceptable to or ordered by the department. (d) The offender's age prevents him or her from obtaining employment. (e) The offender is responsible for the support of dependents and the payment of the intake fee constitutes an undue hardship on the offender. (f) Other extenuating circumstances as determined by the department.
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Multifactor test: income insufficient for payment, status as student, employment handicap, age, dependents, and other extenuating circumstances

Not provided for Not provided for Administrative decision No

Exemption or deferral of payment

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Washington Wash. Rev. Code Ann 10.82.090(2) Interest on judgments--Disposition of nonrestitution interest
The court may, on motion by the offender, following the offender's release from total confinement, reduce or waive the interest on legal financial obligations levied as a result of a
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criminal conviction as follows:(a) The court shall waive all interest on the portions of the legal financial obligations that are not restitution that accrued during the term of total confinement for the conviction giving rise to the financial obligations, provided the offender shows that the interest creates a hardship for the offender or his or her immediate family; (b) The court may reduce interest on the restitution portion of the legal financial obligations only if the principal has been paid in full; (c) The court may otherwise reduce or waive the interest on the portions of the legal financial obligations that are not restitution if the offender shows that he or she has personally made a good faith effort to pay and that the interest accrual is causing a significant hardship. For purposes of this section, “good faith effort” means that the offender has either (i) paid the principal amount in full; or (ii) made at least fifteen monthly payments within an eighteen-month period, excluding any payments mandatorily deducted by the department of corrections; (d) For purposes of (a) through (c) of this subsection, the court may reduce or waive interest on legal financial obligations only as an incentive for the offender to meet his or her legal financial obligations. The court may grant the motion, establish a payment schedule, and retain jurisdiction over the offender for purposes of reviewing and revising the reduction or waiver of interest.
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Significant hardship and demonstration of a good faith effort to pay

At enforcement of fine or fee Burden on defendant to show inability to pay Not provided for No Not provided for
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Washington Wash. Rev. Code Ann 9.94A.753(1) Restitution--Application dates
The court should take into consideration the total amount of the restitution owed, the offender's present, past, and future ability to pay, as well as any assets that the offender
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may have.
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offender's past, present, and future ability to pay, offenders assets

Not provided for Not provided for Not provided for Yes Not provided for
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Washington Wash. Rev. Code Ann 69.50.430(1) Additional fine for certain felony violations
(1) Every adult offender convicted of a felony violation of RCW 69.50.401 through 69.50.4013, 69.50.4015, 69.50.402, 69.50.403, 69.50.406, 69.50.407, 69.50.410, or 69.50.415 must be fined one thousand dollars in addition
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to any other fine or penalty imposed. Unless the court finds the adult offender to be indigent, this additional fine may not be suspended or deferred by the court.
Felony

Indigency

Not provided for Not provided for Not provided for No

Suspension or deferment of fine

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Washington Wash. Rev. Code Ann 69.50.430(2) Additional fine for certain felony violations
On a second or subsequent conviction for violation of any of the laws listed in subsection (1) of this section, the adult offender must be fined two thousand dollars in
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addition to any other fine or penalty imposed. Unless the court finds the adult offender to be indigent, this additional fine may not be suspended or deferred by the court.
Felony

Indigency

Not provided for Not provided for Not provided for No

Suspension or deferment of fine

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Washington Wash. Rev. Code Ann 69.50.430(3) Additional fine for certain felony violations Unless the court finds the person to be indigent, this additional fine may not be suspended or deferred by the court. All

Indigency

Not provided for Not provided for Not provided for No

Suspension or deferment of fine

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Washington Wash. Rev. Code Ann 69.50.430(3) Additional fine for certain felony violations Unless the court finds the person to be indigent, this additional fine may not be suspended or deferred by the court. All

Indigency

Not provided for Not provided for Not provided for No

Suspension or deferment of fine

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Washington Wash. Rev. Code Ann 10.73.160(4) Court fees and costs
A defendant who has been sentenced to pay costs and who is not in contumacious default in the payment may at any time petition the court that sentenced the defendant
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or juvenile offender for remission of the payment of costs or of any unpaid portion. If it appears to the satisfaction of the sentencing court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the sentencing court may remit all or part of the amount due in costs, or modify the method of payment under RCW 10.01.170.
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Manifest hardship on the defendant or defendant's immediate family

At defendant's request at enforcement Not provided for Not provided for No

Remit the fee

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Washington Wash. Rev. Code Ann 10.01.160(3)-(4) Ability to pay determination
(3) The court shall not order a defendant to pay costs unless the defendant is or will be able to pay them. In determining the amount and method of payment
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of costs, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose.(4) A defendant who has been ordered to pay costs and who is not in contumacious default in the payment thereof may at any time petition the sentencing court for remission of the payment of costs or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may remit all or part of the amount due in costs, or modify the method of payment under RCW 10.01.170.
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able to pay - based upon hardship

At defendant's request at enforcement Not provided for Not provided for No

Remit the fee

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Washington Wash. Rev. Code Ann. § 9.94A.760 Legal financial obligations
 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
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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.
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means to pay

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

Waiver

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Washington Wash. Rev. Code Ann. § 10.01.160(3)-(4) What constitutes--Payment by defendant--Procedure--Remission--Medical or mental health treatment or services
(3) The court shall not order a defendant to pay costs unless the defendant is or will be able to pay them. In determining the amount and method of payment
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of costs, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose.(4) A defendant who has been ordered to pay costs and who is not in contumacious default in the payment thereof may at any time petition the sentencing court for remission of the payment of costs or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may remit all or part of the amount due in costs, or modify the method of payment under RCW 10.01.170.
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Able to pay - taking account of financial resources and nature of the burden

Not provided for Not provided for Not provided for Yes Not provided for
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Washington Wash. Rev. Code Ann. § 10.101.020 Indigency determination
(2) In making the determination of indigency, the court shall also consider the anticipated length and complexity of the proceedings and the usual and customary charges of an attorney in
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the community for rendering services, and any other circumstances presented to the court which are relevant to the issue of indigency. The appointment of counsel shall not be denied to the person because the person's friends or relatives, other than a spouse who was not the victim of any offense or offenses allegedly committed by the person, have resources adequate to retain counsel, or because the person has posted or is capable of posting bond.
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Indigence

Not provided for Not provided for Not provided for Yes Not provided for
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Washington Wash. Rev. Code Ann. § 9.94A.750 Restitution
During the period of supervision, the community corrections officer may examine the offender to determine if there has been a change in circumstances that warrants an amendment of the monthly
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payment schedule. The community corrections officer may recommend a change to the schedule of payment and shall inform the court of the recommended change and the reasons for the change. The sentencing court may then reset the monthly minimum payments based on the report from the community corrections officer of the change in circumstances.
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change in circumstances

At enforcement of fine or fee Not provided for Administrative decision No Not provided for
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Washington Wash. Rev. Code Ann. § 9.94A.777 Legal financial obligations--Defendants with mental health conditions
Before imposing any legal financial obligations upon a defendant who suffers from a mental health condition, other than restitution or the victim penalty assessment under RCW 7.68.035, a judge must
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first determine that the defendant, under the terms of this section, has the means to pay such additional sums.
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means to pay - for defendants who suffer from mental conditions ONLY

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