Ability to Pay

Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.

Every law can be saved to the Reform Builder  

See all ability to pay policy recommendations in CJPP’s Policy Guide

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.

17 Results

Export results to Excel

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
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
the 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.
Felony Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

Not specified

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
person convicted, his or her immediate family, or any other person who is dependent on such person for financial support.
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

+ See more
support.

Not provided for Not provided for Not provided for Yes

Waiver of fee

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
person convicted, his or her immediate family, or any other person who is dependent on such person for financial support.
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

+ See more
support.

Not provided for Not provided for Not provided for Yes

Waiver of fee

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
her immediate family.
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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
afford such cost whereupon such cost may be imposed pursuant to a payment plan or waived
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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
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.
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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
imprisonment 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.
All

unreasonable hardship upon defendant or defendant's immediate family

Not provided for Not provided for Not provided for Yes

Waiver of fee

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
law 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.
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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Jersey N.J. Stat. Ann. § 2B:12-23.1 Inability to pay fine in full on date of court hearing
Notwithstanding any other provision of law to the contrary, if a municipal court finds that a person does not have the ability to pay a penalty in full on the date
+ See more
of the hearing or has failed to pay a previously imposed penalty, the court may order the person to perform community service in lieu of the payment of a penalty; or, order the payment of the penalty in installments for a period of time determined by the court.
All Not provided for Before imposition of fine or fee Not provided for Determined by judge after hearing No

Community service, installment plan

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Jersey N.J. Stat. Ann. § 2B:12-23.1 Default of payment
If a person defaults on any payment and a municipal court finds that the defendant does not have the ability to pay, the court may: (1) reduce the penalty, suspend
+ See more
the penalty, or modify the installment plan; (2) order that credit be given against the amount owed for each day of confinement, if the court finds that the person has served jail time for the default; (3) revoke any unpaid portion of the penalty, if the court finds that the circumstances that warranted the imposition have changed or that it would be unjust to require payment; (4) order the person to perform community service in lieu of payment of the penalty; or (5) impose any other alternative permitted by law in lieu of payment of the penalty. b. For the purposes of this section, “penalty” means any fine, statutorily-mandated assessment, surcharge or other financial penalty imposed by a municipal court, except restitution or a surcharge assessed pursuant to subsection f. of section 1 of P.L.2000, c. 75 (C.39:4-97.2).
All Not provided for At enforcement of fine or fee Not provided for Determined by judge after hearing No

(1) reduce the penalty, suspend the penalty, or modify the installment plan; (2) order that credit be given against the amount owed for each day of confinement, if the court

+ See more
finds that the person has served jail time for the default; (3) revoke any unpaid portion of the penalty, if the court finds that the circumstances that warranted the imposition have changed or that it would be unjust to require payment; (4) order the person to perform community service in lieu of payment of the penalty; or (5) impose any other alternative permitted by law in lieu of payment of the penalty

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Jersey N.J. Stat. Ann. § 2C:44-2 Criteria for imposing fines
a. The court may sentence a defendant to pay a fine in addition to a sentence of imprisonment or probation if: (1) The defendant has derived a pecuniary gain from the offense
+ See more
or the court is of opinion that a fine is specially adapted to deterrence of the type of offense involved or to the correction of the offender; (2) The defendant is able, or given a fair opportunity to do so, will be able to pay the fine; and (3) The fine will not prevent the defendant from making restitution to the victim of the offense... c. (1) In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose.
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes Not provided for
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Jersey N.J. Stat. Ann. § 2C:44-2 Criteria for imposing restitution
b. The court shall sentence a defendant to pay restitution in addition to a sentence of imprisonment or probation that may be imposed if: (1) The victim, or in the case
+ See more
of a homicide, the nearest relative of the victim, suffered a loss; and (2) The defendant is able to pay or, given a fair opportunity, will be able to pay restitution. c. (1) In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose. (2) In determining the amount and method of payment of restitution, the court shall take into account all financial resources of the defendant, including the defendant's likely future earnings, and shall set the amount of restitution so as to provide the victim with the fullest compensation for loss that is consistent with the defendant's ability to pay. The court shall not reduce a restitution award by any amount that the victim has received from the Violent Crimes Compensation Board, but shall order the defendant to pay any restitution ordered for a loss previously compensated by the Board to the Violent Crimes Compensation Board. If restitution to more than one person is set at the same time, the court shall set priorities of payment.
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes Not provided for
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Jersey N.J.Stat.Ann. § 2C:46-3 Revocation of fine
A defendant who has been sentenced to pay a fine may at any time petition the court which sentenced him for a revocation of the fine or of any unpaid
+ See more
portion thereof. If it appears to the satisfaction of the court that the circumstances which warranted the imposition of the fine have changed, or that it would otherwise be unjust to require payment, the court may revoke the fine or the unpaid portion thereof in whole or in part.
All

"would be otherwise unjust to require payment"

At defendant's request at enforcement Not provided for Not provided for No

revoke the fine in whole or in part

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Jersey N.J. Stat. Ann. § 2A:158A-16 services rendered - ability to pay
In all cases where it appears that the defendant has or reasonably expects to have means to meet some part, though not all, of the cost of the services rendered
+ See more
to him he shall be required to reimburse the office, either by a single payment or in installments, in such amounts as he can reasonably be expected to pay; but no default or failure in the making of any such payment shall in any wise affect or reduce the rendering of the services to him.
All Not provided for Not provided for Not provided for Not provided for Yes

Not specified

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Jersey N.J. Stat. Ann. § 2C:43-3.1 defendant's ability to pay
In imposing this assessment, the court shall consider factors such as the severity of the crime, the defendant's criminal record, defendant's ability to pay and the economic impact of the
+ See more
assessment on the defendant's dependents.
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

Not specified

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Jersey N.J. Stat. Ann. § 2C:43-13.8 (West) Conditional dismissal assessment, restitution and other assessments
A defendant may apply for a waiver of the fee, by reason of poverty, pursuant to the Rules Governing the Courts of the State of New Jersey, or the court
+ See more
may permit the defendant to pay the conditional dismissal fee and other assessments in installments or may order other alternatives pursuant to section 1 of P.L.2009, c. 317 (C.2B:12-23.1).
All Not provided for Not provided for Not provided for Not provided for No

waiver of fee, payment plan

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Jersey N.J. Stat. Ann. § 2C:45-1 Conditions of Suspension or Probation This fee may be waived in cases of indigency upon application by the chief probation officer to the sentencing court. All Not provided for Not provided for Not provided for Other No

waived