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20 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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Louisiana | LA Rev Stat § 15:175 | Proceedings to determine indigency |
A.(1)(a) A preliminary inquiry and determination of indigency of any accused person shall be made by the court not later than arraignment and such determination may be reviewed by the + See morecourt at any other stage of the proceedings.
(b) A person will be deemed "indigent" who is unable, without substantial financial hardship to himself or to his dependents, to obtain competent, qualified legal representation on his own. "Substantial financial hardship" is presumptively determined to include all defendants who receive public assistance, such as Food Stamps, Temporary Assistance for Needy Families, Medicaid, Disability Insurance, resides in public housing, or earns less than two hundred percent of the Federal Poverty Guideline. A defendant is presumed to have a substantial financial hardship if he or she is currently serving a sentence in a correctional institution or is housed in a mental health facility.
(c) Defendants not falling below the presumptive threshold will be subjected to a more rigorous screening process to determine if their particular circumstances, including seriousness of the charges being faced, monthly expenses, local private counsel rates, would result in a "substantial hardship" were they to seek to retain private counsel.
(d) If the court makes the preliminary determination that the accused is or may be indigent, the court shall require the accused to make application to the district public defender office or an attorney appointed or under contract to provide indigent defender services, who shall inquire further into the accused's economic status and, upon determining that the accused is indigent, shall file a certification thereof, in such form as the court may require and without paying costs in advance, in the record of the proceeding or enroll as counsel.
(e) The accused shall be responsible for applying for indigent defense counsel and for establishing his indigency and entitlement to appointment of counsel. Any oral or written statements made by the accused in or for use in the criminal proceeding and material to the issue of his indigency shall be made under oath or an equivalent affirmation.
(f) An accused person or, if applicable, a parent or legal guardian of an accused minor or an accused adult person who is claimed as a dependent on the federal income tax submission of his parent or legal guardian, who makes application to the district office certifying that he is financially unable to employ counsel and requesting representation by indigent defense counsel or conflict counsel, shall pay a nonrefundable application fee of forty dollars to the district office or its designee, which fee shall be in addition to all other fees or costs lawfully imposed. If the board or other appropriate official determines that the person does not have the financial resources to pay the application fee based upon the financial information submitted, the fee may be waived or reduced. An accused who is found to be indigent may not be refused counsel for failure to pay the application fee.
(g) The proceeds shall be deposited to the judicial district indigent defender fund in the judicial district in which the application was made.
(h) The funds collected pursuant to this Section and all interest or other income earned from the investment of such funds shall be used and administered by each district public defender.
(i) The district public defender shall maintain a record of all persons applying for representation and the disposition of the application and shall provide this information to the board on a monthly basis as well as reporting the amount of funds collected or waived.
(2) The district public defender or his assistants or an attorney providing indigent defender services pursuant to a contract with the board shall be allowed to summon witnesses to testify before the court concerning the financial ability of any accused person to employ counsel for his defense.
(3) Failure of the judge to comply with provisions of this Section shall result in deduction of reasonable criminal defense costs from the Judicial Expense Fund.
B.(1) In determining whether or not a person is indigent and entitled to the appointment of counsel, the court shall consider whether the person is a needy person and the extent of his ability to pay. The court may consider such factors as income or funds from employment or any other source, including public assistance, to which the accused is entitled, property owned by the accused or in which he has an economic interest, outstanding obligations, the number and ages of dependents, employment and job training history, and level of education.
(2) Release on bail alone shall not disqualify a person for appointment of counsel. In each case, the person subject to the penalty of perjury shall certify in writing such material factors relating to his ability to pay as the court prescribes.
C. Nothing in this Chapter shall prevent a criminal defendant from obtaining representation through the board at no charge.
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A person will be deemed "indigent" who is unable, without substantial financial hardship to himself or to his dependents, to obtain competent, qualified legal representation on his own. "Substantial financial hardship" is presumptively determined to include all defendants who receive public assistance, such as Food Stamps, Temporary Assistance for Needy Families, Medicaid, Disability Insurance, resides in public housing, or earns less than two hundred percent of the Federal Poverty Guideline. A defendant is presumed to have a substantial financial hardship if he or she is currently serving a sentence in a correctional institution or is housed in a mental health facility.
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Before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | Yes |
Indigent defendant is assigned a public defender after paying $40 |
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Louisiana | LA RS §176 | Partial reimbursement by indigents |
A. To the extent that a person is financially able to provide for an attorney, other necessary services, and facilities of representation and court costs, the court shall order him + See moreto pay for these items. The court may order payment in installments, or in any manner which it believes reasonable and compatible with the defendant's financial ability.
B.(1) Payments so made shall be transmitted to and become a part of the indigent defender fund of the district in which the person is prosecuted.
(2) The district public defender, or service region, where applicable, shall have the authority to recoup funds expended under this Section through the refund offset provisions pursuant to R.S. 47:299.1 through 299.20.
C.(1) When an accused is initially determined to be indigent and appointed counsel but subsequently hires private counsel, the court shall conduct a contradictory hearing to determine the expenses of representing the accused incurred by the district office or the service region, where applicable. Upon determining the expenses incurred, the accused shall, within the discretion of the court, be liable to reimburse the district office or service region, where applicable, those expenses, upon a determination that the accused was in fact not initially indigent. A judgment for the amount owed may be recorded in the mortgage records in favor of the board for the payment of money against the accused and may be enforced as provided by law.
(2) All funds received by the district office shall be deposited into the judicial district indigent defender fund as provided for in R.S. 15:168.
(3) Failure of the accused to disclose the full amount involved in the hiring shall constitute grounds for contempt of court.
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When an accused is initially determined to be indigent and appointed counsel but subsequently hires private counsel, the court shall conduct a contradictory hearing to determine the expenses of representing the accused incurred by the district office or the service region, where applicable.
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Not provided for | Burden on defendant to show inability to pay | Not provided for | No | Not provided for |
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Louisiana | CCRP 890.2 A | Fines for individual defendants |
When a defendant has been convicted of a felony, and upon a determination that a defendant has the ability and resources available to pay an additional fine and that such + See morea fine would not unduly burden the defendant's dependents, the court may impose as an additional fine . . .
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All |
if the fine would not 'unduly burden the defendant's dependents' |
Not provided for | Not provided for | Not provided for | No | Not provided for |
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Louisiana | CCRP 895.1 A(1) | Probation; restitution; judgment for restitution; fees | ..The restitution payment shall be made, in discretion of the court, either in a lump sum or in monthly installments based on the earning capacity and assets of the defendant | All |
based on the earning capacity and assets of the defendant' |
Not provided for | Not provided for | Not provided for | No |
Payment plan |
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Louisiana | CCRP 887.C | Defendant's liability for costs; suspension of costs; no advance costs |
...In the event the person is unable to pay the fine when assessed, the court may allow payment within certain time limits, based on the person's ability to pay such + See morecosts.
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All |
based on the person's ability to pay such costs' |
Not provided for | Not provided for | Not provided for | No |
deferred payment |
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Louisiana | CCRP 903.3(B) | Substance abuse treatment program; cost |
If the defendant does not have the financial resources to pay all the related costs of the probation program, the court may do either of the following:(1) To the + See moreextent practicable, arrange for the defendant to be assigned to a treatment program funded by the state or federal government.
(2) With the recommendation of the treatment program, order the defendant to perform supervised work for the benefit of the community in lieu of paying all or a part of the costs related to his treatment and supervision. The work shall be performed for and under the supervising authority of a parish, municipality, or other political subdivision or agency of the state or a charitable organization that renders service to the community or its residents.
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If the defendant does not have the financial resources to pay all the related costs of the probation program' |
Not provided for | Not provided for | Not provided for | No |
Defendant assigned to treatment program funded by the government Or supervised work program |
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Louisiana | LA Rev Stat §13:1000.13.D | Twenty-Seventh Judicial District Court; additional warrant recall fees |
In the event that an individual is unable to pay the cost when assessed, the court may allow payment to be deferred within a certain time frame, based on the + See moreperson's ability to pay the costs.
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All | Not provided for | Not provided for | Not provided for | Not provided for | No |
deferred payment |
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Louisiana | CCRP 883.2.D | Restitution to victim |
Notwithstanding any other provision of law to the contrary, if the defendant is found to be indigent and therefore unable to make restitution in full at the time of conviction, + See morethe court may order a periodic payment plan consistent with the person's financial ability.
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All |
Indigency |
Not provided for | Not provided for | Not provided for | No |
Payment plan |
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Louisiana | LA Rev Stat § 15:708 | Labor by prisoners permitted; workday release program; indemnificaiton |
D.(1)(a) Whenever a person is convicted of a misdemeanor for violation of any state law or any parish or municipal ordinance and is sentenced to imprisonment, the sentencing court may + See moreorder the person so sentenced to report, during the term of imprisonment, to the sheriff to participate in a court-approved workday release program as established and administered by the sheriff.
(b) The person so sentenced shall pay the sum of fifty dollars to the sheriff to defray the cost of participation in the program. The payment of the costs shall be based upon the defendant's ability to pay.
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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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Louisiana | CCRP 914.1 | Designation of record; payment of costs; sanction |
(2) Except in indigent cases, the costs for preparing the transcript must be paid to the court reporter or the appropriate agency and the costs as required for filing + See morethe appeal must be paid in the appellate court, both within twenty days of the mailing of notice, including the payment of any additional costs owed upon notice.
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All | Not provided for | Not provided for | Not provided for | Not provided for | Yes | Not provided for |
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Oklahoma | Okla. Stat. tit. 22, § 988.9 | Fees and costs |
In hardship cases the supervising agency may expressly waive all or part of the fee. No supervising agency participating in a local community sentencing system shall deny any offender supervision + See moreservices for the sole reason that the offender is indigent.
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All | Not provided for | Not provided for | Not provided for | Administrative decision | No |
Waiver of fee |
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Oklahoma | Okla. Stat. tit. 22, § 991a(A)(4) | Sentencing powers of court--Alcohol and drug assessment and evaluation--Restitution, fines, or incarceration--Victim impact statements--Probation and monitoring--DNA samples |
if, in the opinion of the court, the defendant is able to pay without imposing manifest hardship on the defendant, and if the costs incurred by the Bureau during the + See moreinvestigation of the defendant's case may be determined with reasonable certainty;
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All | Not provided for | Not provided for | Not provided for | Other | Yes |
None specified |
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Oklahoma | Okla. Stat. tit. 22, § 471.6H | Final eligibility hearing--Acceptance into program--Duration of participation--Costs and fees--Driving privileges |
Court orders for costs and fees shall remain an obligation of the offender until fully paid; provided, however, once the offender has successfully completed the drug court program, the drug + See morecourt judge shall have the discretion to expressly waive all or part of the costs and fees provided for in this subsection if, in the opinion of the drug court judge, continued payment of the costs and fees by the offender would create a financial hardship for the offender. Offenders who have not fully paid all costs and fees pursuant to court order but who have otherwise successfully completed the drug court program shall not be counted as an active drug court participant for purposes of drug court contracts or program participant numbers.
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No financial hardship |
At enforcement of fine or fee | Not provided for | Not provided for | No |
Waiver of fee |
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Oklahoma | Okla. Stat. tit. 22, § 60.2C | Protective order--Petition--Complaint requirement for certain stalking victims--Fees | the court shall have authority to waive the costs and fees if the court finds that the party does not have the ability to pay the costs and fees. | All | Not provided for | Not provided for | Not provided for | Not provided for | No |
Waiver of costs |
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Oklahoma | Okla. Stat. tit. 22, § 1355.14E | Payment of costs of representation--Fee schedule |
The fees shall be assessed unless ordered waived upon good cause shown by the indigent person, or unless another amount is specifically requested by counsel for the indigent person and + See moreis approved by the court.
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Not indigent |
At defendant's request before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | No |
Waiver of fee |
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Oklahoma | Okla. Stat. tit. 10A, § 1-4-701A | Reimbursements and costs by parents able to pay | Upon notice to the parent or other person legally obligated to support the child and upon an opportunity to be heard and a finding of financial ability to pay | All | Not provided for | Before imposition of fine or fee | Not provided for | Determined by judge after hearing | Yes |
None specified |
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Oklahoma | Okla. Stat. tit. 22, § 1355A | Application for representation by the System |
except that the court may, based upon the financial information submitted, defer all or part of the fee if the court determines that the person does not have the financial + See moreresources to pay the fee at time of application, to attach as a court fee upon conviction.
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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 without hearing | No |
Deferment of fee |
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Oklahoma | Okla. Stat. tit. 22, § 979a | Payment of jail costs by inmate | The defendant shall have an opportunity to object to the amount of costs solely on the grounds that the number of days served is incorrect. | All |
None. Defendant can only object on the grounds that the number of days served is incorrect. |
Not provided for | Burden on defendant to show inability to pay | Not provided for | Yes |
Waiver of fee |
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Oklahoma | Okla. Stat. tit. 22, § 983b | Released persons--Hearing to determine ability to pay fines, costs and fees |
A. Any person released on parole or released without parole from a term of imprisonment with the Department of Corrections shall be required to report at a time not less + See morethan one hundred eighty (180) days after his or her release from the Department of Corrections to:1. The district court of the county from which the judgment and sentence resulting in incarceration arose; and
2. All other district courts or municipal courts where the person owes fines, fees, costs and assessments,
for the purpose of scheduling a hearing to determine the ability of the person to pay fines, fees, costs or assessments owed by the person in every felony or misdemeanor criminal case filed in a district court or criminal case filed in a municipal court of this state. Such hearing shall be held in accordance with the provisions of Section VIII of the Rules of the Court of Criminal Appeals, 22 O.S. 2011, Ch. 18, App. A court may for good cause shown or in its discretion continue such hearing for up to one hundred eighty (180) days.
B. In determining the ability of the person to satisfy fines, fees, costs or assessments owed to a district or municipal court, the court shall inquire of the person at the time of the hearing which counties and municipalities the person owes fines, fees, costs or assessments in every felony or misdemeanor criminal case filed against the person and shall consider all court-ordered debt, including restitution and child support, in determining the ability of the person to pay. The person shall not be required to pay any outstanding fines, fees, costs or assessments prior to the expiration of the one-hundred-eighty-day period; provided, however, the person shall not be precluded from voluntarily making payment toward the satisfaction of any fines, fees, costs or assessments due and owing to a district or municipal court of this state.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Determined by judge after hearing | Yes |
Waiver of fees pursuant to § 983a: A. On or after November 1, 2016, the court shall have the authority to waive all outstanding fines, court costs and fees in a criminal case for any person who:
1. Served a period of imprisonment in the custody of the Department of Corrections after conviction for a crime; 2. Has been released from the custody of the Department of Corrections; 3. Has complied with all probation or supervision requirements since being released from the custody of the Department of Corrections; and 4. Has made installment payments on outstanding fines, court costs, fees and restitution ordered by the court on a timely basis every month for the previous twenty-four (24) months following release from the custody of the Department of Corrections. B. The provisions of this section shall not apply to amounts owed by the person for restitution to a victim pursuant to a court order or child support obligations pursuant to a court order. |
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Oklahoma | Okla. Stat. tit. 31, § 1.1 | Earnings from personal services--Exemption from process--Order |
A. Following the issuance of an execution, attachment, or garnishment, except process to collect a judgment or order for child support or maintenance of children or in cases in which + See morethe court has limited or reduced the application of this section pursuant to Section 142.18 of Title 21 of the Oklahoma Statutes, the debtor may file with the court an application requesting a hearing to exempt from such process by reason of undue hardship that portion of any earnings from personal services necessary for the maintenance of a family or other dependents supported wholly or partially by the labor of the debtor. A debtor with no family or other dependents may not claim an exemption under this section. A hearing on the application shall be set and conducted in the manner provided by Section 1172.2 of Title 12 of the Oklahoma Statutes and subsection C of Section 1174 of Title 12 of the Oklahoma Statutes.B. In determining the existence of an undue hardship, the court should consider the income and expenses of the family and other dependents, and the standard of living created by the income and expenses. The court should also consider the standard of living in relationship to the minimal subsistence needs of the debtor's family and other dependents, with comparison to the minimal subsistence standards in the community, in regard to basic shelter, food, clothing, personal necessities and transportation. The court should then determine if the lack of the funds sought to be exempt would be an undue hardship by creating less than a minimal level of subsistence. If deprivation of these earnings would create an undue hardship on the debtor and the family or other dependents the debtor supports, the court may: 1. Order all or a portion of the personal earnings exempt; or
2. In the case of a continuing earnings garnishment pursuant to Section 1173.4 of Title 12 of the Oklahoma Statutes, exempt all or a portion of the personal earnings withheld within the thirty (30) days preceding the filing of the claim for exemption or modify or stay the garnishment for a period of time not to exceed the remainder of the term of the garnishment.
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Undue hardship |
At defendant's request at enforcement | Not provided for | Determined by judge after hearing | Yes |
1. Order all or a portion of the personal earnings exempt; or Oklahoma Statutes, exempt all or a portion of the personal earnings withheld within the thirty (30) days preceding the filing of the claim for exemption or modify or stay the garnishment for a period of time not to exceed the remainder of the term of the garnishment.
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