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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.
37 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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New Hampshire | N.H. Rev. Stat. § 651-B:11(II) | Registration Fee |
An offender who cannot afford to pay the fee shall, within 10 days of registration, request a waiver of the fee and a hearing on the matter before the commissioner. In order to be considered for a waiver, the offender shall submit a financial affidavit on a form provided by the department. The division may at its discretion request such a waiver on behalf of an offender. If such a request is made, the commissioner shall promptly schedule and conduct a hearing pursuant to rules adopted under RSA 541-A, unless the commissioner or commissioner's designee determines a hearing is not necessary and waives the fee based on the offender's financial affidavit, or at the written request of the division. At the hearing, the burden shall be on the offender to prove that he or she is indigent. The offender may appeal the commissioner's decision to the superior court. Under no circumstances shall the offender's request for a hearing or indigence relieve the offender of the obligation to register as required pursuant to this chapter.
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All |
Indigent |
At defendant's request at enforcement | Burden on defendant to show inability to pay | Administrative decision | Yes |
Fee waiver |
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New Hampshire | N.H. Rev. Stat. Ann. § 623-B:2(I),(IV) | Civil Actions by Inmates; Filing Fees and Court Costs. |
I. An inmate who commences any civil action or proceeding is responsible for all court fees and costs. IV. Nothing in this section shall prohibit an inmate from filing a civil action or proceeding if the inmate is indigent.
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All |
Indigent |
Not provided for | Not provided for | Not provided for | Yes |
N/A |
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New Hampshire | N.H. Rev. Stat. Ann. § 604-A:9(I) | Repayment |
I. Any adult defendant who has had counsel or a public defender assigned to the defendant at the expense of the state shall be ordered by the court under paragraph I-b to repay the state through the unit of cost containment, the fees and expenses paid by the state on the defendant's behalf according to a schedule established by the administrator of the cost containment unit with the approval of the administrative justices of the courts on such terms as the court may order consistent with the defendant's present or future ability to pay, such ability to be determined by the unit of cost containment . . . At no time shall the defendant be required to repay, for legal services, an amount greater than the state's flat rate for a contract attorney as established contractually pursuant to RSA 604-B. If the defendant is placed on probation or sentenced to a period of conditional discharge, the defendant shall repay the state, through the department of corrections, all fees and expenses paid on his behalf on such terms as the court may order consistent with the defendant's present or future ability to pay.
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All |
Present or future ability to pay, as determined by the unit of cost containment. |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Payment plan and reduced costs |
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New Hampshire | N.H. Rev. Stat. Ann. § 651:63 | Restitution Authorized |
Restitution may be ordered regardless of the offender's ability to pay and regardless of the availability of other compensation; however, restitution is not intended to compensate the victim more than once for the same injury.
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All |
Not provided for |
Not provided for | Not provided for | Not provided for | Yes |
N/A |
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New Hampshire | N.H. Rev. Stat. Ann. § 516:16-a | Defaults; Witness Fees for Law Enforcement Officers |
Any person who defaults on a scheduled court appearance on a motor vehicle offense shall be responsible for paying the current witness fee for any law enforcement officer required to attend such appearance, unless the court determines that such person is indigent.
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Traffic |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
Not specified |
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New Hampshire | N.H. Rev. Stat. Ann. § 631:2-b(V) | Domestic Violence |
In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction under this section. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this section. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Deferred payment; payment plan. |
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New Hampshire | N.H. Rev. Stat. Ann. § 651-D:2(V) | Post-Conviction DNA Testing of Biological Material |
The cost of DNA testing ordered under this section shall be paid by the petitioner, or by the state, if the petitioner is indigent as determined by the court. The court may appoint counsel for an indigent petitioner under this section.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Payment by the state |
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New Hampshire | N.H. R. Crim. P. 29(e)(1) | Sentencing Procedures |
(1) Fines, restitution or penalty assessments (hereinafter collectively referred to as "assessments") imposed by the court shall be due and payable on the date the sentence is imposed. Where a defendant indicates an inability to pay forthwith, the defendant shall complete an affidavit of resources, under oath, prior to leaving the courthouse. The court will then determine whether the defendant has the financial ability to pay the assessment.
(2) The determination of a defendant's financial ability to pay the assessment shall be made by comparing the defendant's assets and income with the amount of the assessment. The defendant's assets shall include all real and personal property owned in any manner by the defendant, unless exempt from execution, levy, attachment, garnishment, or other legal process under any state or federal law. The defendant's income shall include all income, whether earned or not, from any source, unless exempt from execution, levy, attachment, garnishment, or other legal process under any state or federal law, and shall be reduced only by the amount of expenses which are reasonably necessary for the maintenance of the defendant and his dependents and by the amount of defendant's anticipated or current obligation to repay the Office of Cost Containment for the cost of appointed counsel. As a court may do when considering an obligor's ability to pay child support, alimony, or other indebtedness, the court also may consider: (1) spousal, partner and family income or assets to the extent they are available to the defendant; (2) the defendant's ability to access credit; and (3) the diligence exercised by the defendant in pursuing employment or other means of satisfying his financial obligations. (3) In any case where the court finds that the defendant is unable to pay the assessment either on the date the sentence is imposed or later, the court may, if otherwise permitted by law: (i) defer or suspend payment of all or part of the assessment or order periodic payment; or (ii) allow the defendant to perform community service, pursuant to a plan submitted to and approved by the court. In any such deferral or order of periodic payment, the court shall, pursuant to RSA 490:26-a, II-a, include a $25.00 fee to be added to the assessment. Every hour of verified community service shall be applied against a fine at the rate of $15.00 an hour. A community service plan approved under this paragraph shall take into account the defendant's circumstances including but not limited to age, disability, health, employment, and access to child-care and transportation. |
All |
Comparison of the defendant's assets and income with the amount of the assessment. |
At defendant's request before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
Defer or suspend payment of all or part of the assessment or order periodic payment; or allow the defendant to perform community service. |
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New Hampshire | N.H. Rev. Stat. § 604-A:2-c | Determination of Financial Ability |
The determination of a defendant's financial ability to obtain counsel shall be made by comparing the defendant's assets and incomes with the minimum cost of obtaining qualified private counsel. The defendant's assets shall include all real and personal property owned in any manner by the defendant, excluding only those assets which are exempt from attachment and execution under RSA 511:2. The defendant's income shall include all income, whether earned or not, from any source, unless exempt from attachment under any state or federal law, and shall be reduced only by the amount of expenses which are reasonably necessary for the maintenance of the defendant and his dependents. In determining a defendant's financial ability to obtain counsel, the rules adopted by the commissioner under RSA 604-A:10, IV, shall contain a method for considering the defendant's ability to borrow some or all of the necessary funds. The rules shall also consider the possibility of the defendant paying his counsel fees in periodic installments.
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All |
Comparison of the defendant's assets and incomes with the minimum cost of obtaining qualified private counsel. |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Installment plan |
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New Hampshire | N.H. Rev. Stat. § 618:10 | Petition for Discharge |
Whenever a person under conviction for a criminal offense and confined in a county correctional facility is unable to pay the fine, the superior court, upon petition of the prisoner or the superintendent and satisfactory proof of such inability, may order the prisoner to be discharged upon such terms as they may think proper.
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All |
Not provided for |
At defendant's request at enforcement | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
Discharge from prison. |
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New Hampshire | N.H. Rev. Stat. § 499:18-b | Waiver of Court Costs and Fees |
Except as otherwise specifically provided by the rules of the court, any person, by reason of poverty, may seek relief from the payment of any fees provided by law which are payable to any court, clerk of court, or sheriff. The court, upon the application of such person, which application may be filed without fee, may, in its discretion, order the payment of such fees waived. In any case in which a person is represented by a legal aid society, a federally funded legal services project, or counsel assigned in accordance with the rules of the court, all filing costs shall be waived by the clerk without the necessity of a court order. Fees for the service of process by sheriffs shall be a charge against the state.
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All |
Poverty |
At defendant's request before imposition of fine or fee | Not provided for | Other | Yes |
Fee waiver |
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New Hampshire | N.H. Rev. Stat. § 604-A:2-a | Additional Inquiry |
Whenever a court appoints counsel pursuant to the provisions of RSA 604-A:2, the court shall conduct an appropriate inquiry as to whether any person who, pursuant to RSA 546-A:2, is liable for the support of the defendant is financially able to pay for such defendant's counsel. If the court determines that the person liable for support is financially able to pay for said counsel, in whole or in part, the court shall enter an appropriate order requiring said person to reimburse the state for the representation provided; provided, however, that a child shall not be required to reimburse the state for representation provided to his mother or father, a parent shall not be required to reimburse the state for representation provided to a child 18 years of age or older, and any person who was a victim of the crime with which the defendant has been charged shall not be required to reimburse the state for the representation provided. For the purposes of this section, the inquiry conducted by the court shall include notice and hearing to the person liable for support.
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All |
N/A |
Before imposition of fine or fee | Not provided for | Not provided for | No |
N/A |
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