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'

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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'

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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'

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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'

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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.
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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

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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.
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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.
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Alabama Ala.Code 1975 § 12-19-182(b) Solicitor's fee
The solicitor's fee shall be collected in all criminal cases where the defendant is adjudged guilty, a bond forfeited, a penalty imposed, or where there is issued any alias or
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capias warrant of arrest. The solicitor's fee shall be in addition to and not in lieu of any other fees or costs. The solicitor's fee shall not be waived or remitted unless the defendant proves to the reasonable satisfaction of the sentencing judge that the defendant is not capable of paying the fee within the reasonable foreseeable future.
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"capable of paying the fee within the reasonable foreseeable future."

Not provided for Burden on defendant to show inability to pay Not provided for No Not provided for
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Alabama Ala.Code 1975 § 12-23-18 Alcohol and Drug Abuse Court Referral and Treatment Program: Waiver of fees

Any person determined to be indigent by the court may request waiver of all or part of the fees established by this chapter. In such cases where a waiver of

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fees is granted, such waiver shall be limited to the time when the offender is unable to pay. If the offender becomes able to pay during the course of monitoring or treatment, or another future date, the waiver of fees may be revoked. The judge may order an indigent offender to perform community service in lieu of payment of fees.

All Not provided for At defendant's request at enforcement Burden on defendant to show inability to pay Not provided for No Not provided for
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Alabama Ala.Code 1975 § 12-17-226.18 Pretrial diversion program: payment of costs

Notwithstanding subsection (c) of Section 12-17-226.10, upon conviction for any criminal offense, felony, misdemeanor, or violation of the Code of Alabama 1975, or ordinance violation, any fees or costs shall

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not be waived or remitted unless the defendant or party responsible for paying the fees proves to the reasonable satisfaction of the presiding or sentencing judge that the defendant or party is not capable of paying the fees or costs within the reasonably foreseeable future.

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"capable of paying the fees or costs within the reasonably foreseeable future"

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Alabama Al. R. Cr. P. 26.11(b) Fines and Restitution: Imposition of Fine

(b) IMPOSITION OF FINE. If the court is given authority to impose a fine, in determining whether to impose a fine, the court should consider:(1) Whether there are particular reasons

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which make a fine appropriate as punishment for the defendant; (2) The financial resources and obligations of the defendant and the burden that payment of a fine will impose; (3) The ability of the defendant to pay a fine forthwith on an installment basis or on other conditions to be fixed by the court; (4) The extent to which payment of a fine will interfere with the ability of the defendant to make restitution or reparation to the victim of the crime; and (5) The amount of gain derived by the defendant or loss sustained by the victim as a result of defendant's commission of the offense, which amount shall be determined by the court from evidence presented at the sentence hearing if not stipulated by the parties.

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(d) If the defendant cannot pay the costs, fine, and/or restitution immediately after pronouncement of the sentence as preferred, the court may permit payment of the costs, fine, and/or restitution,

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at some later date, or in specified installments. (h) REMEDIES FOR NONPAYMENT OF FINE OR RESTITUTION. If the defendant fails to pay a fine and/or restitution, the court may: (1) Reduce the fine to an amount the defendant is able to pay; (2) Continue or modify the schedule of payments of the fine and/or restitution; (3) Direct that the defendant be incarcerated until the unpaid fine and/or restitution, or any portion thereof, is paid, subject, however, to section (i) of this rule; (4) Order an employer to withhold amounts from wages to pay fines and/or restitution; or (5) Release the defendant from obligation to pay the fine.

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Alabama Ala.Code 1975 § 12-23-7 Drug testing program

Any person who fails to complete treatment and pay for it shall be charged with violation of probation or parole; provided, however, that indigents shall not be required to pay

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for treatment or monitoring provided by court referral officers.

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Alabama Ala.Code 1975 § 12-17-226.8(c) Pretrial diversion program: Assessment of administrative fee; indigence; use of funds.

c)(1) An applicant may not be denied access into the pretrial diversion program based solely on his or her inability to pay pretrial diversion program fees. Fees established by this

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division may be waived or reduced for just cause, including indigency of the applicant.(2) If an offender, upon application, claims indigency, he or she shall be brought before a court of competent jurisdiction for a determination of indigency. In the event that a court determines the offender to be indigent, any fees or costs shall not be waived or remitted unless the defendant or the party responsible for paying any fees or costs proves to the reasonable satisfaction of the judge presiding or sentencing judge that the defendant or party is not capable of paying the same within the reasonably foreseeable future. In the event the offender is determined to be indigent, a periodic review of the offender's indigent status may be conducted by the court upon motion of the district attorney to determine if the offender is no longer indigent.

All Not provided for At defendant's request before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing No Not provided for
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Alabama Ala.Code 1975 § 15-12-25(a)(2) Appointed counsel: Payment of fees by defendant.

The court shall not order a defendant to pay the fees of court appointed counsel unless the defendant is or will be able to pay them. In determining the amount

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and method of payment of these fees, the court shall take into account the financial resources of the defendant and the nature of the burden that payment of the fees will impose. A defendant who has been ordered to pay the fees of court appointed counsel and who is not in contumacious default in the payment thereof may at any time petition the court which sentenced him or her for remission of the payment of these fees 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 immediate family of the defendant, the court may remit all or part of the amount due in fees or modify the method of payment.

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"manifest hardship"

Before imposition of fine or fee Not provided for Not provided for No

The court may remit all or part of the amount due in fees or modify the method of payment.

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Alabama Ala. Code 1975 §15-18-68(a)(1) Restitution to victims of crimes: Determination of amount

(a) In determining the manner, method, or amount of restitution to be ordered, the court may take into consideration all of the following: (1) The financial resources of the defendant

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and the victim and the burden that the manner or method of restitution will impose upon the victim or the defendant.

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Not provided for

Not provided for Not provided for Not provided for No

Not provided for

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Alabama Ala. Code 1975 §15-27-12 Expungement of records: Payment in full required

No order of expungement shall be granted unless all terms and conditions, including court ordered restitution, are satisfied and paid in full, including interest, to any victim, or the Alabama

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Crime Victim’s Compensation Commission, as well as court costs, fines, or statutory fees ordered by the sentencing court to have been paid, absent a finding of indigency by the court.

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Indigency

Not provided for Not provided for Administrative decision No

Not provided for

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Alabama Ala. Code 1975 §15-27-4(a)-(b) Expungement of records: Administrative filling fee.

(a) In addition to any cost of court or docket fee for filing the petition in circuit court, an administrative filing fee of three hundred dollars ($300) shall be paid

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at the time the petition is filed and is a condition precedent to any ruling of the court pursuant to this chapter.

(b) Notwithstanding subsection (a), a person seeking relief under this chapter may apply for indigent status by completing an Affidavit of Substantial Hardship and Order which shall be submitted with the petition. If the court finds the petitioner is indigent, the court may set forth a payment plan for the petitioner to satisfy the filing fee over a period of time, which shall be paid in full, prior to any order granting an expungement.

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Indigent

At defendant's request before imposition of fine or fee Not provided for Administrative decision No

Payment plan