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15 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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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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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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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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Washington DC | DC ST § 16-711 (b) | Restitution or reparation |
(b) When restitution or reparation is ordered, the court shall take into consideration the number of victims, the actual damage of each victim, the resources of the defendant, the defendant's + See moreability to earn, any obligation of the defendant to support dependents, and other matters as pertain to the defendant's ability to make restitution or reparation.
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"… the court shall take into consideration… resources of the defendant, the defendant's ability to earn, any obligation of the defendant to support dependents…" |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | Yes | Not provided for |
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Washington DC | DC ST § 11-2604 (f) | Payment for representation |
(f) If a person for whom counsel is appointed under this section appeals to the District of Columbia Court of Appeals, such person may do so without prepayment of fees + See moreand costs or security therefor and without filing the affidavit required by section 1915(a) of title 28, United States Code.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Other | Yes |
May proceed without prepayment of fees |
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Washington DC | DC ST § 23-106 | Witnesses for defense; fees |
The court shall order at any time that a subpoena be issued for service upon a named witness on behalf of a defendant if the defendant makes an application for + See moresuch an order and makes a satisfactory showing that he is financially unable to pay the fees of the witness and that the presence of the witness is necessary to an adequate defense. If the court orders the subpoena to be issued the costs incurred by the process and the fees of the witness so subpoenaed shall be paid in the same manner in which similar costs and fees are paid in case of a witness subpoenaed in behalf of the prosecuting authority.
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All | Not provided for | At defendant's request before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | Yes |
Subpoena and witness fees will be paid by government |
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Washington DC | DC ST § 11-2605 | Services other than counsel |
Counsel for a person who is financially unable to obtain investigative, expert, or other services necessary for an adequate defense may request them in an ex parte application. Upon finding, + See moreafter appropriate inquiry in an ex parte proceeding, that the services are necessary and that the person is financially unable to obtain them, the court shall authorize counsel to obtain the services.
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financially unable to obtain necessary services |
At defendant's request before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
Cost paid for |
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Washington DC | D.C. Super. Ct. R. Crim. P. 113 (b) | Witness fees |
Payment from public funds. No witness entitled to any payment under paragraph (a) shall be paid from public funds except upon certification + See moreof the witness that the witness was compelled by subpoena to attend as a witness on behalf of a defendant unable to pay or was present pursuant to the direction of the Court or prosecutor, in a specified pending criminal case and that the witness did attend. Such certification shall be endorsed by the Court or by the counsel of record issuing the subpoena or direction and shall be submitted to the Clerk of the Court for certification. The Executive Officer upon submission of the endorsed and verified certification shall make payment by cash or check
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All | Not provided for | Not provided for | Burden on defendant to show inability to pay | Not provided for | No |
Cost paid for |
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