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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.
11 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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New York | N.Y. Penal Law § 80.00 | Fine for felony |
When imposing a fine pursuant to the provisions of this paragraph, the court shall consider the profit gained by defendant's conduct, whether the amount of the fine is disproportionate to + See morethe conduct in which defendant engaged, its impact on any victims, and defendant's economic circumstances, including the defendant's ability to pay, the effect of the fine upon his or her immediate family or any other persons to whom the defendant owes an obligation of support.
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Felony | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Not specified |
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New York | N.Y. Correct. Law § 201(9) | Authority and responsibility for community supervision |
The department shall waive all or part of such fee where, because of the indigence of the offender, the payment of said fee would work an unreasonable hardship on the + See moreperson convicted, his or her immediate family, or any other person who is dependent on such person for financial support.
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All |
payment of said fee would work an unreasonable hardship on the person convicted, his or her immediate family, or any other person who is dependent on such person for financial support.
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Not provided for | Not provided for | Not provided for | Yes |
Waiver of fee |
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New York | N.Y. Exec. Law § 257-c | Probation administrative fee |
The department shall waive all or part of such fee where, because of the indigence of the offender, the payment of said surcharge would work an unreasonable hardship on the + See moreperson convicted, his or her immediate family, or any other person who is dependent on such person for financial support.
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All |
payment of said surcharge would work an unreasonable hardship on the person convicted, his or her immediate family, or any other person who is dependent on such person for financial support.
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Not provided for | Not provided for | Not provided for | Yes |
Waiver of fee |
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New York | N.Y. Correct. Law § 189(2) | Disposition of moneys paid to prisoner for his labor |
The commissioner shall waive the collection of such fee where it is determined that the payment of the fee would work an unreasonable hardship on the prisoner or his or + See moreher immediate family.
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All |
payment of the fee would work an unreasonable hardship on the prisoner or his or her immediate family. |
Not provided for | Not provided for | Not provided for | Yes |
Waiver of fee |
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New York | N.Y. Veh. & Traf. Law § 1198(5) | Installation and operation of ignition interlock devices |
The cost of installing and maintaining the ignition interlock device shall be borne by the person subject to such condition unless the court determines such person is financially unable to + See moreafford such cost whereupon such cost may be imposed pursuant to a payment plan or waived
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All |
the court determines such person is financially unable to afford such cost |
Not provided for | Not provided for | Not provided for | No |
Waiver or payment plan |
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New York | N.Y. Crim. Proc. Law § 420.30 | Remission of fines, restitution or reparation |
a court may waive the crime victim assistance fee if such defendant is an eligible youth as defined in subdivision two of section 720.10 of this chapter, and the imposition of such + See morefee would work an unreasonable hardship on the defendant, his or her immediate family, or any other person who is dependent on such defendant for financial support.
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All |
imposition of such fee would work an unreasonable hardship on the defendant, his or her immediate family, or any other person who is dependent on such defendant for financial support. |
Not provided for | Not provided for | Not provided for | No |
Waiver of fee |
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New York | N.Y. Crim. Proc. Law § 420.35 | Mandatory surcharge and crime victim assistance fee; applicability to sentences mandating payment of fines |
When the court directs that the defendant be imprisoned until the mandatory surcharge, sex offender registration fee or DNA databank fee is satisfied, it must specify a maximum period of + See moreimprisonment not to exceed fifteen days; provided, however, a court may not direct that a defendant be imprisoned until the mandatory surcharge, sex offender registration fee, or DNA databank fee is satisfied or otherwise for failure to pay the mandatory surcharge, sex offender registration fee or DNA databank fee unless the court makes a contemporaneous finding on the record, after according defendant notice and an opportunity to be heard, that the payment of the mandatory surcharge, sex offender registration fee or DNA databank fee upon defendant will not work an unreasonable hardship upon him or her or his or her immediate family.
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All |
unreasonable hardship upon defendant or defendant's immediate family |
Not provided for | Not provided for | Not provided for | Yes |
Waiver of fee |
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New York | N.Y. Crim. Proc. Law § 420.40 | Deferral of a mandatory surcharge; financial hardship hearings |
On an appearance date set forth in a summons issued pursuant to subdivision three of section 60.35 of the penal law, section eighteen hundred nine of the vehicle and traffic + See morelaw or section 27.12 of the parks, recreation and historic preservation law, a person upon whom a mandatory surcharge, sex offender registration fee or DNA databank fee was levied shall have an opportunity to present on the record credible and verifiable information establishing that the mandatory surcharge, sex offender registration fee or DNA databank fee should be deferred, in whole or in part, because, due to the indigence of such person the payment of said surcharge, sex offender registration fee or DNA databank fee would work an unreasonable hardship on the person or his or her immediate family.
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All |
an unreasonable hardship on the person or his or her immediate family |
At defendant's request at enforcement | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
Deferral |
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Maryland | Md. Code Ann., Cts. & Jud. Proc. § 7-201(b) | Waiver of Fees for Indigent Petitioners |
The circuit court shall pass an order waiving the payment in advance if: (1) Upon petition for waiver, it is satisfied that the petitioner is unable by reason of his + See morepoverty to make the payment; and (2) The petitioner's attorney, if any, certifies that the suit, appeal, or writ is meritorious.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Determined by judge after hearing | No |
Waiver of fee |
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Maryland | Md. Code Ann., Cts. & Jud. Proc. § 7-405 | Waiver of Criminal Court Costs |
The District Court or a circuit court in a criminal case may not waive any court costs imposed under § 7-409 of this subtitle unless the defendant establishes indigency as + See moreprovided in the Maryland Rules.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Determined by judge after hearing | No |
Waiver of fee |
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Maryland | Md. Code Ann., Cts. & Jud. Proc. § 7-504(c)(2) | Ability to Pay Fine |
(a) A defendant who is unable to pay a fine ordered by a court may apply to the court for a reduction of the fine. (b) If a defendant + See morefails or is unable to pay a fine as ordered by a court, the court may investigate the reasons for the failure or inability to pay the fine, including the defendant's financial and family situation and whether nonpayment of the fine is contumacious or is due to indigence. (c) After an investigation that a court considers necessary as to the reasons for the failure or inability to pay a fine, the court: (1) May order that the individual be committed to a correctional facility; (2) May reduce the fine to an amount that the court determines the defendant is able to pay; or (3) Subject to subsection (d) of this section, may direct that the individual be imprisoned until payment of: (i) The fine; or(ii) Part of the fine that is undischarged after a pro rata credit for time served instead of payment.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Determined by judge after hearing | No |
Commitment; Reduction of Fee; Incarceration until payment based upon a per diem rate |
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