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.
49 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. § 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 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.
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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 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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All |
"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 determines he is unable to pay them.
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All |
"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 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. §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 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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All |
"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. §18-1.3-702(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: (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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All |
"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 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 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 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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All |
"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 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.
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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. |
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Colorado | Colo. Rev. Stat. §24-4.2-104(1)(a) | Surcharges Levied on Criminal Actions and Traffic Offenses |
(a) (I) A surcharge equal to thirty-seven percent of the fine imposed for each felony, misdemeanor, or class 1 or class 2 misdemeanor traffic offense; (II)(C)(c) All calculated surcharge amounts resulting in dollars and cents shall be rounded down to the nearest whole dollar. The surcharge levied by this section may not be suspended or waived by the court unless the court determines that the defendant is indigent.
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All |
"Indigent" |
Not provided for | Not provided for | Not provided for | No |
Suspended or Waived by the Court. |
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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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All |
"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. § 16-11.7-105(1) | Sentencing of Sex Offenders - Treatment Based Upon Evaluation and Identification Required |
The offender shall pay for the treatment to the extent the offender is financially able to do so. |
All | Not provided for | Not provided for | Not provided for | Administrative decision | No | Not provided for |
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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. §18-25-101(1);(4) | Restorative Justice Surcharge - Definitions |
(1) Each person who is convicted of a crime and each juvenile adjudicated of a crime shall be required to pay a ten-dollar surcharge to the clerk of the court for the judicial district in which the conviction occurs; (4) The court may waive all or any portion of the surcharge required by subsection (1) of this section if the court finds that a person or juvenile is indigent or financially unable to pay all or any portion of the surcharge. The court may waive only that portion of the surcharge that the court finds that the person or juvenile is financially unable to pay.
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All | Not provided for | Not provided for | Not provided for | Not provided for | No |
Waived by the Court (All or Portion Unable to Pay). |
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Colorado | Colo. Rev. Stat. §18-24-103(3) | Collection and Distribution of Funds - Child Abuse Investigation Surcharge Fund - Creation |
The court may waive all or any portion of the surcharge required by section 18-24-102 if the court finds that a person convicted of a crime against a child is indigent or financially unable to pay all or any portion of the surcharge. The court may waive only that portion of the surcharge that the court finds that the person convicted of a crime against a child is financially unable to pay.
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Felony, Misdemeanor | Not provided for | Before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge without hearing | No |
Waived by the Court (All or Portion Unable to Pay). |
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Colorado | Colo. Rev. Stat. §18-21-103(4) | Source of Revenues - Allocation of Moneys - Sex Offender Surcharge Fund - Creation |
The court may waive all or any portion of the surcharge required by this section if the court finds that a person convicted of a sex offense is indigent or financially unable to pay all or any portion of such surcharge. The court shall waive only that portion of the surcharge which the court has found that the person convicted of a sex offense is financially unable to pay.
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Felony, Misdemeanor | Not provided for | Not provided for | Not provided for | Not provided for | No |
Waived by the Court (All or Portion Unable to Pay). |
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Colorado | Colo. Rev. Stat. §18-19-103(6) | Source of Revenues - Allocation of Money |
(a) The court may not waive any portion of the surcharge required by this section unless the court first finds that the drug offender is financially unable to pay any portion of said surcharge. (b) The finding required by paragraph (a) of this subsection (6) shall only be made after a hearing at which the drug offender shall have the burden of presenting clear and convincing evidence that he is financially unable to pay any portion of the surcharge. (c) The court shall waive only that portion of the surcharge which the court has found the drug offender is financially unable to pay.
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Felony |
"Offender shall have the burden of presenting clear and convincing evidence that he is financially unable to pay any portion of the surcharge." |
Not provided for | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
Waived by Court (All or Portion Unable to Pay). |
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Colorado | Colo. Rev. Stat. § 18-26-101(1);(3) | Statewide Discovery Sharing System Surcharge |
(1) Each person who is represented by private counsel or appears pro se and is convicted of a felony, misdemeanor, drug felony, or drug misdemeanor shall be required to pay a surcharge to the clerk of the court for the judicial district in which the conviction occurs; (3) The court may waive all or any portion of the surcharge required by this section if the court finds that a person convicted of a crime is indigent or financially unable to pay all or any portion of the surcharge. The court may waive only that portion of the surcharge that the court finds that the person convicted of a crime is financially unable to pay.
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Felony, Misdemeanor |
"Indigent or financially unable to pay all or any portion of the surcharge" |
Not provided for | Not provided for | Not provided for | No |
Waived by Court (All or Portion Unable to Pay). |
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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 |
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.