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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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
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court 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

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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.

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
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to 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

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the accused incurred by the district office or the service region, where applicable.

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
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a 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
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costs.
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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
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extent 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
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person's ability to pay the costs.
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,
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the 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
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order 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.
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
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the 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.
All Not provided for Not provided for Not provided for Not provided for Yes Not provided for
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Colorado Colo. Rev. Stat. §18-1.3-702(3)(c),(d) Monetary Payments - Due Process Required

(c)  The court shall not find the defendant in contempt of court, nor impose a suspended sentence, nor revoke probation, nor order the defendant to jail for failure to pay

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unless the court has made findings on the record, after providing notice to the defendant and a hearing, that the defendant has the ability to comply with the court's order to pay a monetary amount due without undue hardship to the defendant or the defendant's dependents and that the defendant has not made a good-faith effort to comply with the order. (d)  The court shall not accept a defendant's guilty plea for contempt of court for failure to pay or failure to comply with the court's order to pay a monetary amount unless the court has made findings on the record that the defendant has the ability to comply with the court's order to pay a monetary amount due without undue hardship to the defendant or the defendant's dependents and that the defendant has not made a good-faith effort to comply with the order.

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"The ability to comply with the court's order to pay a monetary amount due without undue hardship to the defendant or the defendant's dependents and that the defendant has not

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made a good-faith effort to comply with the order;" "The defendant or a defendant's dependents are considered to suffer undue hardship if he, she, or they would be deprived of money needed for basic living necessities, such as food, shelter, clothing, necessary medical expenses, or child support."

At enforcement of fine or fee Burden on government to show ability to pay Determined by judge after hearing Yes Not provided for
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Colorado Colo. Rev. Stat. § 16-18.5-106(1) Restitution for Persons Sentenced to the Department of Corrections

Whenever a person is sentenced to the department of corrections, the department of corrections is authorized to conduct an investigation into the financial circumstances of the defendant, as described in

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section 16-18.5-104(3), for purposes of determining the defendant's ability to pay court ordered costs, surcharges, restitution, time payment fees, late fees, and other fines, fees, or surcharges pursuant to section 16-18.5-110.

Misdemeanor, Felony Not provided for Before imposition of fine or fee Burden on government to show ability to pay Administrative decision No Not provided for
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Colorado Colo. Rev. Stat. § 18-1.3-507(6)(a) Community or Useful Public Service - Misdemeanors

The court shall assess a fee, not to exceed one hundred twenty dollars, upon every person required to perform community or useful public service pursuant to section 18-1.3-501 (2), 18-18-432, or 42-4-1301.4. The

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amount of the fee must be commensurate with the costs of administering the person's community or useful public service program. The court may waive this fee if the court determines the defendant to be indigent.

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"Indigent"

Not provided for Not provided for Not provided for Yes

Amount May be Waived by the Court.

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Colorado Colo. Rev. Stat. § 16-18-101(1) Costs in Criminal Cases

The costs in criminal cases shall be paid by the state pursuant to section 13-3-104, C.R.S., when the defendant is acquitted or when the defendant is convicted and the court

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determines he is unable to pay them.

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"Unable to pay"

Not provided for Not provided for Not provided for Yes

The State Pays the Cost.

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Colorado Colo. Rev. Stat. § 18-1.3.-702(4) Monetary Payments - Due Process Required

For purposes of this section, a defendant or a defendant's dependents are considered to suffer undue hardship if he, she, or they would be deprived of money needed for basic

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living necessities, such as food, shelter, clothing, necessary medical expenses, or child support. In determining whether a defendant is able to comply with an order to pay a monetary amount without undue hardship to the defendant or the defendant's dependents, the court shall consider: (a) Whether the defendant is experiencing homelessness; (b) The defendant's present employment, income, and expenses; (c) The defendant's outstanding debts and liabilities, both secured and unsecured; (d) Whether the defendant has qualified for and is receiving any form of public assistance, including food stamps, temporary assistance for needy families, Medicaid, or supplemental security income benefits; (e) The availability and convertibility, without undue hardship to the defendant or the defendant's dependents, of any real or personal property owned by the defendant; (f) Whether the defendant resides in public housing; (g) Whether the defendant's family income is less than two hundred percent of the federal poverty line, adjusted for family size; and (h) Any other circumstances that would impair the defendant's ability to pay.

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"The ability to comply with the court's order to pay a monetary amount due without undue hardship to the defendant or the defendant's dependents and that the defendant has not

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made a good-faith effort to comply with the order;" " "A defendant or a defendant's dependents are considered to suffer undue hardship if he, she, or they would be deprived of money needed for basic living necessities, such as food, shelter, clothing, necessary medical expenses, or child support."

At enforcement of fine or fee Not provided for Determined by judge after hearing Yes Not provided for
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Colorado Colo. Rev. Stat. §17-1-113(4)(d) Medical Visits - Charge to Inmates - Legislative Declaration

The specific services for which a copayment will be assessed, waived, or reduced, as well as the specific and exclusive bases upon which a copayment may be waived by department

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personnel, including but not limited to the inmate's inability to pay the copayment, the health needs of the inmate and the public health and safety needs of the institution.

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"Including but not limited to the inmate's inability to pay the copayment, the health needs of the inmate and the public health and safety needs of the institution."

Not provided for Not provided for Administrative decision No Not provided for
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Colorado Colo. Rev. Stat. §18-13-122(3)(a);(4)(e)
Illegal Possession or Consumption of Ethyl Alcohol or Marijuana by an Underage Person - Illegal Possession of Marijuana Paraphernalia by an Underage Person - Definitions - Adolescent Substance Abuse Prevention
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and Treatment Fund - Legislative Declaration

(3)  (a) Except as described by section 18-1-711 and subsection (6) of this section, a person under twenty-one years of age who possesses or consumes ethyl alcohol anywhere in the state of

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Colorado commits illegal possession or consumption of ethyl alcohol by an underage person. Illegal possession or consumption of ethyl alcohol by an underage person is a strict liability offense; (4)  (e) A person convicted of a violation of this section is subject to an additional penalty surcharge of twenty-five dollars, which may be waived by the court upon a showing of indigency, that shall be transferred to the adolescent substance abuse prevention and treatment fund created pursuant to subsection (18) of this section.

Misdemeanor

"Indigency"

Not provided for Burden on defendant to show inability to pay Not provided for No

Waived by the Court.

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Colorado Colo. Rev. Stat. §18-1.3-702(2);(4) Monetary Payments - Due Process Required

When the court imposes a sentence, enters a judgment, or issues an order that obligates a defendant to pay any monetary amount, the court shall instruct the defendant as follows:

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(a) If at any time the defendant is unable to pay the monetary amount due, the defendant must contact the court's designated official or appear before the court to explain why he or she is unable to pay the monetary amount. (b)  If the defendant lacks the present ability to pay the monetary amount due without undue hardship to the defendant or the defendant's dependents, the court shall not jail the defendant for failure to pay. (4)  For purposes of this section, a defendant or a defendant's dependents are considered to suffer undue hardship if he, she, or they would be deprived of money needed for basic living necessities, such as food, shelter, clothing, necessary medical expenses, or child support.

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"The present ability to pay the monetary amount due without undue hardship to the defendant or the defendant's dependents"; "A defendant or a defendant's dependents are considered to suffer undue hardship if

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he, she, or they would be deprived of money needed for basic living necessities, such as food, shelter, clothing, necessary medical expenses, or child support."

At defendant's request at enforcement Burden on defendant to show inability to pay Determined by judge after hearing No Not provided for
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Colorado Colo. Rev. Stat. §42-4-1307(10)(b) Penalties for Traffic Offenses Involving Alcohol and Drugs - Legislative Declaration - Definitions - Repeal

Persons convicted of DUI, DUI per se, and DWAI are subject to a surcharge of at least one hundred dollars but no more than five hundred dollars to fund programs

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to reduce the number of persistent drunk drivers. The surcharge shall be mandatory, and the court shall not have discretion to suspend or waive the surcharge; except that the court may suspend or waive the surcharge if the court determines that a person is indigent.

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"Indigent"

Not provided for Not provided for Not provided for Yes

Suspended or Waived by the Court.

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Colorado Colo. Rev. Stat. § 18-1.3-102(1) Deferred Sentencing of Defendant

(a)  In any case in which the defendant has entered a plea of guilty, the court accepting the plea has the power, with the written consent of the defendant and

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his or her attorney of record and the district attorney, to continue the case for the purpose of entering judgment and sentence upon the plea of guilty for a period not to exceed four years for a felony or two years for a misdemeanor or petty offense or traffic offense. The period shall begin to run from the date that the court continues the case. (b)  The period may be extended for an additional time: (I) Up to one hundred eighty-two days if the failure to pay restitution is the sole condition of supervision which has not been fulfilled, because of inability to pay, and the defendant has shown a future ability to pay. During such time, the court may place the defendant under the supervision of the probation department; or (II) Up to two years if the deferred judgment is for an offense listed in section 16-11.7-102(3), C.R.S., good cause is shown, and the district attorney and defendant consent to the extension.

All Not provided for Before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing No

Additional Time to Make Payment.