50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Ability to Pay
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Below are the ability to pay laws that meet your search criteria. Many include a See related provisions prompt which searches our database for laws that may pertain to your result.
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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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 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 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."
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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. § 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 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 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."
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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. § 24-4.1-119(1);(1.5) | Costs and Surcharges Levied on Criminal Actions and Traffic Offenses |
(1) (a) Except as provided in paragraphs (c) and (d) of this subsection (1), a cost of one hundred sixty-three dollars for felonies, seventy-eight dollars for misdemeanors, forty-six dollars for class 1 misdemeanor traffic offenses, and thirty-three dollars for class 2 misdemeanor traffic offenses is hereby levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided for in section 18-1.3-102, C.R.S., which criminal action is charged pursuant to state statute; (1.5) A cost or surcharge levied pursuant to this section may not be suspended or waived by the court unless the court determines that the defendant against whom the cost or surcharge is levied is indigent.
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"Indigent" |
At enforcement of fine or fee | Not provided for | Not provided for | No |
Suspended or Waived by Judge. |
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Colorado | Colo. Rev. Stat. § 16-22-108(7) | Registration - Procedure - Frequency - Place - Change of Address - Fee |
(a) A local law enforcement agency may establish a registration fee to be paid by persons registering and reregistering annually or quarterly with the local law enforcement agency pursuant to the provisions of this section. The amount of the fee shall reflect the actual direct costs incurred by the local law enforcement agency in implementing the provisions of this article but shall not exceed seventy-five dollars for the initial registration with the local law enforcement agency and twenty-five dollars for any subsequent annual or quarterly registration. (b) The local law enforcement agency may waive the fee for an indigent person. For all other persons, the local law enforcement agency may pursue payment of the fee through a civil collection process or any other lawful means if the person is unable to pay at the time of registration. A local law enforcement agency shall accept a timely registration in all circumstances even if the person is unable to pay the fee at the time of registration.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Administrative decision | No |
Law Enforcement May Pursue Payment of the Fee Through the Civil Collection Process or Any Other Lawful Means if the Person is Unable to Pay at the Time of Registration. |
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Colorado | Colo. Rev. Stat. § 17-10-103(2);(3) | Action for Reimbursement of Cost of Care |
(2) In an action filed pursuant to this article, the plaintiff seeking reimbursement for cost of care shall demonstrate that the offender substantially misrepresented such offender's financial status to the sentencing court or that such offender's financial circumstances have changed substantially after sentencing; (3) If, after a hearing, the court determines that the offender has sufficient assets to pay all or part of the cost of care, the court shall order the offender to make such payments toward the cost of care as are appropriate under the circumstances.
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"Sufficient assets to pay all or part of the cost of care" |
At enforcement of fine or fee | Burden on government to show ability to pay | Determined by judge after hearing | No | Not provided for |
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Colorado | C.R.S. 16-18.5-104(1);(3) | Initial Collections Investigation - Payment Schedule |
(1) Orders for restitution shall be due and payable at the time that the order of conviction is entered. Unless the defendant is sentenced to the custody of the executive director of the department of corrections, if at the time that the court enters an order for restitution pursuant to section 18-1.3-603, C.R.S., the defendant alleges that he or she cannot pay the full amount of restitution, the court shall direct that the defendant report immediately to the collections investigator.... (3)(a) Upon referral of a defendant pursuant to subsection (2) of this section, the collections investigator shall conduct an investigation into the financial ability of the defendant to pay the restitution ordered by the court. Such investigation may consist of but is not limited to: (I) Submission of written financial affidavits or disclosures of the defendant's personal, household, and business income, assets, and liabilities; (II) Submission to an oral examination of the defendant's financial circumstances; (III) Submission of books, papers, documents, or other tangible things related to the defendant's financial circumstances including but not limited to: (A) Payroll stubs; (B) Financial institution account statements; (C) Stock certificates; (D) Deeds, titles, or other evidence of ownership; (E) State and federal tax records; and (F) Insurance policies and statements; (IV) Research and verification of all oral and written statements made by the defendant. (b) In the case of a juvenile defendant, the collections investigator may conduct the investigation into the juvenile's parents' or legal guardian's financial circumstances as well as the juvenile's. (c) For purposes of conducting the investigation required by this subsection (3), the collections investigator shall have access to data maintained by other state agencies including but not limited to wage data, employment data, and income tax data. The judicial department and any other departments are authorized to enter into agreements for the sharing of such data. (d) Notwithstanding the provisions of article 72 of title 24, C.R.S., documents and information obtained by the collections investigators pursuant to this subsection (3) shall not be public records, but shall be open to public inspection only upon an order of the court based on a finding of good cause. Documents and information obtained by the collection investigators may be made available to the victim and to any private collection agency or third party with whom the judicial department may contract for the collection of past due restitution. In addition, if any warrant is issued for the arrest of any defendant due to nonpayment of restitution, information concerning the defendant's address and place of employment may be shared with a criminal justice agency.
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All | Not provided for | At enforcement of fine or fee | Burden on government to show ability to pay | Administrative decision | No | Not provided for |
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Colorado | C.R.S. 16-18.5-105 | Monitoring - Default - Penalties |
Whenever a defendant fails to make a payment of restitution within seven days after the date that the payment is due pursuant to a payment schedule established pursuant to this article, in addition to any other remedy, the collections investigator may: (a) Conduct an additional financial investigation of the defendant as described in section 16-18.5-104 (3).
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All | Not provided for | At enforcement of fine or fee | Burden on government to show ability to pay | Administrative decision | No | Not provided for |
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Colorado | C.R.S. 18-1.3-701(3);(4) | Judgment for Costs and Fines - Definitions |
(3) Where any person, association, or corporation is granted probation, the court shall order the offender to make such payments toward the cost of care as are appropriate under the circumstances. In setting the amount of such payments, the court shall take into consideration and make allowances for any restitution ordered to the victim or victims of a crime, which shall take priority over any payments ordered pursuant to this article, and for the maintenance and support of the offender's spouse, dependent children, or other persons having a legal right to support and maintenance from the estate of the offender. If the court determines that the offender has a sufficient estate to pay all or part of the cost of care, the court shall determine the amount which shall be paid by the offender for the cost of care, which amount shall in no event be in excess of the per capita cost of supervising an offender on probation; (4) Where any person is sentenced to a term of imprisonment, whether to a county jail or the department of corrections, the court shall order such person to make such payments toward the cost of care as are appropriate under the circumstances. In setting the amount of such payments, the court shall take into consideration and make allowances for any restitution ordered to the victim or victims of a crime, which shall take priority over any payments ordered pursuant to this article, and for the maintenance and support of the inmate's spouse, dependent children, or any other persons having a legal right to support and maintenance out of the offender's estate. The court shall also consider the financial needs of the offender for the six-month period immediately following the offender's release, for the purpose of allowing said offender to seek employment. If the court determines that the person has a sufficient estate to pay all or part of the cost of care, the court shall determine the amount which shall be paid by the offender, which amount in no event shall be in excess of the per capita cost of maintaining prisoners in the institution or facility in which the offender has been residing prior to sentencing for the purpose of reimbursing the appropriate law enforcement agency and the per capita cost of maintaining prisoners in the department of corrections for the purpose of paying the cost of care after sentencing.
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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 after hearing | No |
"The court shall order the offender to make such payments toward the cost of care as are appropriate under the circumstances." |
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Colorado | C.R.S. 17-10-103 | Action for Reimbursement of Cost of Care |
(1) When any person has been sentenced to confinement in a local jail or a correctional facility or to home detention or has been granted probation or has been placed on parole by the state board of parole and the sentencing court has not entered an order pursuant to section 18-1.3-701, C.R.S., requiring such person to pay the full cost of care incurred during such person's sentence, the state, the appropriate prosecuting attorney, the department of corrections, the judicial department, or any government agency which has incurred cost of care of such person may file an action for reimbursement for cost of care. ... (3) If, after a hearing, the court determines that the offender has sufficient assets to pay all or part of the cost of care, the court shall order the offender to make such payments toward the cost of care as are appropriate under the circumstances. In setting the amount of such payments, the court shall take into consideration and make allowances for any restitution ordered to the victim or victims of a crime, which shall take priority over any payments ordered pursuant to this article, and for the maintenance and support of the offender's spouse, dependent children, or any other persons having a legal right to support and maintenance out of the offender's estate. If the offender is confined to a local jail or a correctional facility or is under home detention, the court shall also consider the financial needs of the offender for the six-month period immediately following the offender's release, for the purpose of allowing the offender to seek employment. The court shall determine the amount which shall be paid by the offender for cost of care, which amount shall in no event be in excess of the per capita cost of maintaining prisoners in the local jail or a correctional facility, the per capita cost of maintaining an offender under home detention, the per capita cost of supervising an offender on probation, or the per capita cost of supervising an offender placed on parole, as the case may be.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Determined by judge after hearing | No |
The Court Sets Payments Toward the Cost of Care as are Appropriate Under the Circumstances. |
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Colorado | C.R.S. 18-1.3-206(1);(2) | Repayment of Crime Stopper Reward as a Condition of Probation |
(1) As a condition of every sentence to probation where information received through a crime stopper organization led to the arrest and felony conviction of a defendant, the court may require such defendant, as a condition of probation, to repay all or part of any reward paid by such organization. The amount of such repayment shall not exceed the actual reward paid by any crime stopper organization and shall be used solely for paying rewards. The court shall fix the manner and time of repayment; (2) In the event the defendant fails to repay the crime stopper reward in accordance with an order of the court, the defendant shall be returned to the sentencing court and the court, upon proof of failure to pay, may (a) Modify the amount of the repayment; (b) Extend the period of probation; (c) Order the defendant committed to jail with work release privileges; or (d) Revoke probation and impose the sentence otherwise required by law.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Determined by judge after hearing | No |
The Court may: "(a) Modify the amount of the repayment; (b) Extend the period of probation; (c) Order the defendant committed to jail with work release privileges; or (d) Revoke probation and impose the sentence otherwise required by law."
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Colorado | C.R.S. 18-19-103.5(1);(3) | Rural Alcohol and Substance Abuse Surcharge - Repeal |
(1) In addition to the surcharges established in section 18-19-103, each drug offender and each alcohol- or drug-related offender who is convicted, or receives a deferred sentence pursuant to section 18-1.3-102, shall be required to pay a surcharge to the clerk of the court in the county in which the conviction occurs or in which the deferred sentence is entered. The surcharge shall be in an amount determined by the judge but shall be not less than one dollar nor more than ten dollars ... (3) The minimum penalty surcharge shall be mandatory, and the court shall have no discretion to suspend or waive the surcharge; except that the court may suspend or waive the surcharge for a defendant determined by the court to be indigent.
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"Indigent." |
At enforcement of fine or fee | Not provided for | Determined by judge after hearing | No |
Surcharge Waived or Suspended by the Court. |
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Colorado | C.R.S. 19-2-114(1)(a) | Cost of Care |
Notwithstanding the provisions of section 19-1-115 (4)(d), where a juvenile is sentenced to a placement out of the home or is granted probation as a result of an adjudication, deferral of adjudication, or direct filing in or transfer to district court, the court may order the juvenile or the juvenile's parent to make such payments toward the cost of care as are appropriate under the circumstances. In setting the amount of such payments, the court shall take into consideration and make allowances for any restitution ordered to the victim or victims of a crime, which shall take priority over any payments ordered pursuant to this section, and for the maintenance and support of the juvenile's spouse, dependent children, any other persons having a legal right to support and maintenance out of the estate of the juvenile, or any persons having a legal right to support and maintenance out of the estate of the juvenile's parent. The court shall also consider the financial needs of the juvenile for the six-month period immediately following the juvenile's release, for the purpose of allowing said juvenile to seek employment.
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"The court shall take into consideration and make allowances for any restitution ordered to the victim or victims of a crime, which shall take priority over any payments ordered pursuant to this section, and for the maintenance and support of the juvenile's spouse, dependent children, any other persons having a legal right to support and maintenance out of the estate of the juvenile, or any persons having a legal right to support and maintenance out of the estate of the juvenile's parent. The court shall also consider the financial needs of the juvenile for the six-month period immediately following the juvenile's release, for the purpose of allowing said juvenile to seek employment."
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At enforcement of fine or fee | Not provided for | Not provided for | No |
Reduction in Installment Payment Amount. |
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Colorado | C.R.S. 16-18.5-105(1) | Monitoring - Default - Penalties |
The collections investigator shall be responsible for monitoring the payments of restitution by any defendant referred to the investigator pursuant to section 16-18.5-104. Based upon changes in the defendant's financial circumstances, the collections investigator may modify the payment schedule established pursuant to section 16-18.5-104 (4). If a payment schedule has been made an order of the court pursuant to section 16-18.5-104 (4)(a)(II), prior to enforcing a new schedule, the collections investigator shall request and obtain a modification of the order.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Administrative decision | No | Not provided for |
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Arizona | Ariz. Rev. Stat. Ann. § 13-810(E) | Consequences of nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs |
(E)If the court finds that the defendant has wilfully failed to pay a fine, a surcharge, a fee, an assessment, restitution or incarceration costs or finds that the defendant has intentionally refused to make a good faith effort to obtain the monies required for the payment, the court shall find that the default constitutes contempt and may do any of the following:
1. Order the defendant incarcerated in the county jail until the fine, surcharge, fee, assessment, restitution or incarceration costs, or a specified part of the fine, surcharge, fee, assessment, restitution or incarceration costs, is paid. 2. Refer the defendant for revocation of probation, parole or community supervision as authorized by law. 3. Enter an order pursuant to section 13-812. The levy or execution for the collection of a fine, a surcharge, a fee, an assessment, restitution or incarceration costs does not discharge a defendant who is incarcerated for nonpayment of the fine, surcharge, fee, assessment, restitution or incarceration costs until the amount of the fine, surcharge, fee, assessment, restitution or incarceration costs is collected. 4. Order the defendant to perform community restitution. |
All | Not provided for | At enforcement of fine or fee | Not provided for | Not provided for | No |
Modified payment arrangements |
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Arizona | Ariz. Rev. Stat. Ann. § 13-824(A) | Community restitution in lieu off monetary obligation |
A. Notwithstanding any other law, if a monetary obligation is imposed on a defendant at sentencing and the court finds the defendant is unable to pay all or part of the monetary obligation, the court may order the defendant to perform community restitution in lieu of the payment for all or part of the monetary obligation. The amount of community restitution shall be equivalent to the amount of the monetary obligation by crediting any service performed at a rate of ten dollars per hour.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Not provided for | No |
Community Restitution |
The Criminal Justice Debt Reform Builder is a project of the National Criminal Justice Debt Initiative of the Criminal Justice Policy Program at Harvard Law School in collaboration with the Berkman Klein Center for Internet & Society at Harvard University and with user experience design by metaLAB (at) Harvard.
For more information, please visit cjpp.law.harvard.edu.