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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.
35 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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Michigan | Mich. Comp. Laws § 772.6 | Failure to pay recognizance |
If the person so ordered to recognize refuses or neglects to provide that recognizance, the court shall commit the person to the county jail during the period for which security + See morewas required, or until the person provides that recognizance. A person shall not be incarcerated for failure to pay the recognizance unless the court conducts a hearing and determines that the person has the resources to pay the recognizance and has not made a good faith effort to do so. In determining whether to incarcerate the person, the court shall also consider the person's employment status, earning ability, and financial resources; the willfulness of the person's failure to pay the recognizance; and any other special circumstances that may have a bearing on the person's ability to pay the recognizance. The court shall state in the warrant the cause of commitment with the sum and the time for which the security was required.
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All |
the person has the resources to pay the recognizance and has not made a good faith effort to do so |
At enforcement of fine or fee | Not provided for | Determined by judge after hearing | No |
none |
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Michigan | Mich. Comp. Laws § 257.908(1)-(4) | Default as civil contempt; penalty |
If a defendant defaults in the payment of a civil fine, costs, or both, or of any installment, as ordered pursuant to section 907(2), the court, upon the motion of + See morethe plaintiff or upon its own motion, may require the defendant to show cause why the default should not be treated as in civil contempt and may issue a summons or order to show cause or a bench warrant of arrest for the defendant's appearance. . . . If it appears that the default in the payment of a civil fine or costs does not constitute civil contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount of payment or of each installment, or revoking the fine or costs or the unpaid portion thereof in whole or in part. . .
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Traffic |
"default was not attributable to an intentional refusal to obey the order of the court or to a failure on his or her part to make a good faith effort to obtain the funds required for payment"
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At enforcement of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
allowing the defendant additional time for payment, reducing the amount of payment or of each installment, or revoking the fine or costs or the unpaid portion thereof in whole or in part
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Michigan | Mich. Comp. Laws § 600.8729(1)-(4) | Payment of fine, default as civil contempt |
If a defendant defaults in the payment of a civil fine, costs, assessment, or, if applicable, damages or expenses as provided in section 8733(2) if applicable, or any installment, as + See moreordered pursuant to section 8727, the court, upon the motion of the plaintiff or upon its own motion, may require the defendant to show cause why the defendant should not be held in civil contempt and may issue a summons, an order to show cause, or a bench warrant of arrest for the defendant's appearance. . . . If it appears that the default in the payment of a fine, costs, assessment, or damages or expenses does not constitute civil contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount of payment or of each installment, or revoking the fine, costs, assessment, or damages or expenses.
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All |
"the default was not attributable to an intentional refusal to obey the order of the court or to a failure on his or her part to make a good faith effort to obtain the funds required for payment"
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At enforcement of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
allowing the defendant additional time for payment, reducing the amount of payment or of each installment, or revoking the fine, costs, assessment, or damages or expense |
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Michigan | Mich. Comp. Laws § 791.225a | Projected income and financial resources |
(3) In determining the amount of the fee, the department shall consider the offender's projected income and financial resources. . . . (6) If a person has not paid the + See morefull amount of a supervision fee upon being discharged from probation, or upon termination of the period of delayed sentence for a person subject to delayed sentence, the department shall review and compare the actual income of the person during the period of probation or delayed sentence with the income amount projected when the supervision fee was ordered. If the department determines that the person's actual income did not equal or exceed the projected income, the department shall waive any unpaid amount in excess of the total amount that the person would have been ordered to pay if the person's income had been accurately projected, unless the court order states that a higher amount was ordered due to available assets or other financial resources.
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All | Not provided for | Not provided for | Not provided for | Administrative decision | Yes |
Not specified |
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Michigan | Mich. Comp. Laws § 780.794(11) | Juvenile probation |
(11) If the juvenile is placed on probation, any restitution ordered under this section shall be a condition of that probation. The court may revoke probation if the juvenile fails + See moreto comply with the order and if the juvenile has not made a good faith effort to comply with the order. In determining whether to revoke probation, the court shall consider the juvenile's employment status, earning ability, and financial resources, the willfulness of the juvenile's failure to pay, and any other special circumstances that may have a bearing on the juvenile's ability to pay.
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All | Not provided for | Not provided for | Not provided for | Other | No |
Modification of the amount or method of payment |
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Michigan | Mich. Comp. Laws § 780.794(12) | Juvenile probation |
(12) Subject to subsection (18), a juvenile who is required to pay restitution and who is not in willful default of the payment of the restitution may at any time + See morepetition the court to modify the method of payment. If the court determines that payment under the order will impose a manifest hardship on the juvenile or his or her immediate family, and if the court also determines that modifying the method of payment will not impose a manifest hardship on the victim, the court may modify the method of payment.
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All | Not provided for | Not provided for | Not provided for | Other | Yes |
Not specified |
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Michigan | Mich. Comp. Laws § 780.794(14) | Juvenile probation |
(14) Notwithstanding any other provision of this section, a juvenile shall not be detained or imprisoned for a violation of probation or parole or otherwise for failure to pay restitution + See moreas ordered under this section unless the court determines that the juvenile has the resources to pay the ordered restitution and has not made a good faith effort to do so.
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All | Not provided for | Not provided for | Not provided for | Other | Yes |
Not specified |
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Michigan | Mich. Comp. Laws § 780.794(15) | Juvenile probation |
(15) If the court determines that the juvenile is or will be unable to pay all of the restitution ordered, after notice to the juvenile's parent or parents and an + See moreopportunity for the parent or parents to be heard, the court may order the parent or parents having supervisory responsibility for the juvenile at the time of the acts upon which an order of restitution is based to pay any portion of the restitution ordered that is outstanding. . .
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All | Not provided for | Not provided for | Not provided for | Other | Yes |
Not specified |
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Michigan | Mich. Comp. Laws § 780.794(16) | Juvenile probation |
(16) If the court orders a parent to pay restitution under subsection (15), the court shall take into account the parent's financial resources and the burden that the payment of + See morerestitution will impose
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All | Not provided for | Not provided for | Not provided for | Other | Yes |
Not specified |
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Michigan | Mich. Comp. Laws § 780.794(17) | Juvenile probation |
(17) A parent who has been ordered to pay restitution under subsection (15) may petition the court for a modification of the amount of restitution owed by the parent or + See morefor a cancellation of any unpaid portion of the parent's obligation. The court shall cancel all or part of the parent's obligation due if the court determines that payment of the amount due will impose a manifest hardship on the parent and if the court also determines that modifying the method of payment will not impose a manifest hardship on the victim.
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All | Not provided for | Not provided for | Not provided for | Other | Yes |
Not specified |
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Michigan | Mich. Comp. Laws § 771.3(6)(a) | Cost imposed as part of sentence of probation |
(6) If the court imposes costs under subsection (2) as part of a sentence of probation, all of the following apply: (a) The court shall not require a probationer to + See morepay costs under subsection (2) unless the probationer is or will be able to pay them during the term of probation. In determining the amount and method of payment of costs under subsection (2), the court shall take into account the probationer's financial resources and the nature of the burden that payment of costs will impose, with due regard to his or her other obligations.
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All | Not provided for | Not provided for | Not provided for | Not provided for | Yes |
Not specified |
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Michigan | Mich. Comp. Laws § 771.3c(1) | Probationer's projected income and financial resources |
. In determining the amount of the fee, the court shall consider the probationer's projected income and financial resources. The court shall use the following table of projected monthly income + See morein determining the amount of the fee to be ordered: [table]
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Not specified |
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