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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.
50 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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Ohio | Ohio Rev. Code § 2907.27(2) | Examination and treatment for venereal diseases and HIV | If the accused is indigent, the court shall order the accused to report to a facility operated by a city health district or a general health district for treatment. | All | Not provided for | Not provided for | Not provided for | Not provided for | Yes |
Use of a city facility for examination and testing |
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Ohio | Ohio Rev. Code § 2949.092 | Condition for waiver of specified additional court costs |
If a person is convicted of or pleads guilty to an offense and the court specifically is required, pursuant to section 2743.70, 2949.091,2949.093, or 2949.094 of the Revised Code or pursuant to any other section of the Revised Code to impose a specified sum of money as costs in the case in addition to any other costs that the court is required or permitted by law to impose in the case, the court shall not waive the payment of the specified additional court costs that the section of the Revised Code specifically requires the court to impose unless the court determines that the offender is indigent and the court waives the payment of all court costs imposed upon the offender.
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All |
Indigent |
Not provided for | Not provided for | Not provided for | No |
Fee waiver |
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Ohio | Ohio Rev. Code § 2743.70(1) | Additional court costs and bail to be charged |
(1) The court, in which any person is convicted of or pleads guilty to any offense other than a traffic offense that is not a moving violation, shall impose the following sum as costs in the case in addition to any other court costs that the court is required by law to impose upon the offender:
(a) Thirty dollars, if the offense is a felony; (b) Nine dollars, if the offense is a misdemeanor. The court shall not waive the payment of the thirty or nine dollars court costs, unless the court determines that the offender is indigent and waives the payment of all court costs imposed upon the indigent offender. All such moneys shall be transmitted on the first business day of each month by the clerk of the court to the treasurer of state and deposited by the treasurer in the reparations fund. |
All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Fee waiver |
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Ohio | Ohio Rev. Code § 2929.19(B)(5) | Sentencing hearing |
Before imposing a financial sanction under section 2929.18 of the Revised Code or a fine under section 2929.32 of the Revised Code, the court shall consider the offender's present and future ability to pay the amount of the sanction or fine.
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Felony |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
Likely no requirement to pay financial sanction |
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Ohio | Ohio Rev. Code § 2929.37(A) | Policy requiring prisoner to pay costs of confinement |
The amount assessed under this section shall not exceed the total amount that the prisoner is able to pay. |
All |
Not provided for |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Likely no requirement to pay costs of confinement |
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Ohio | Ohio Rev. Code § 2743.70(A)(2) | Additional costs in criminal cases in all courts to fund reparations payments |
(2) The juvenile court in which a child is found to be a delinquent child or a juvenile traffic offender for an act which, if committed by an adult, would be an offense other than a traffic offense that is not a moving violation, shall impose the following sum as costs in the case in addition to any other court costs that the court is required or permitted by law to impose upon the delinquent child or juvenile traffic offender:
(a) Thirty dollars, if the act, if committed by an adult, would be a felony; (b) Nine dollars, if the act, if committed by an adult, would be a misdemeanor. The thirty or nine dollars court costs shall be collected in all cases unless the court determines the juvenile is indigent and waives the payment of all court costs, or enters an order on its journal stating that it has determined that the juvenile is indigent, that no other court costs are to be taxed in the case, and that the payment of the thirty or nine dollars court costs is waived. All such moneys collected during a month shall be transmitted on or before the twentieth day of the following month by the clerk of the court to the treasurer of state and deposited by the treasurer in the reparations fund. |
Traffic |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Likely no requirement to pay financial sanction |
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Ohio | Ohio Rev. Code § 2949.091(A)(1)(b) | Fees and costs |
The court shall not waive the payment of the additional thirty-, twenty-, or ten-dollar court costs, unless the court determines that the offender is indigent and waives the payment of all court costs imposed upon the indigent offender.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Fee waiver |
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Ohio | Ohio Rev. Code § 2949.091(A)(1) | Additional court costs or bail |
(a) The court in which any person is convicted of or pleads guilty to any offense shall impose one of the following sums as costs in the case in addition to any other court costs that the court is required by law to impose upon the offender:
(i) Thirty dollars if the offense is a felony; (ii) Twenty dollars if the offense is a misdemeanor other than a traffic offense that is not a moving violation; (iii) Ten dollars if the offense is a traffic offense that is not a moving violation, excluding parking violations. (b) All moneys collected pursuant to division (A)(1)(a) of this section during a month shall be transmitted on or before the twentieth day of the following month by the clerk of the court to the treasurer of state and deposited by the treasurer of state to the credit of the indigent defense support fund established under section 120.08 of the Revised Code. The court shall not waive the payment of the additional thirty-, twenty-, or ten-dollar court costs, unless the court determines that the offender is indigent and waives the payment of all court costs imposed upon the indigent offender. |
All |
Indigent |
Not provided for | Not provided for | Determined by judge without hearing | No |
Fee waiver |
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Ohio | Ohio Rev. Code § 2301.14 | Taxing costs |
The clerk of the court of common pleas in which the service of a court interpreter is rendered shall tax in the cost bill in such case, to be collected as other costs, the sum of three dollars for each day of service of such interpreter, which fees shall be paid into the county treasury to the credit of the county fund. If the party taxed with costs is indigent, the clerk shall not tax the interpreter’s fees as costs, and the county shall pay the interpreter’s fees.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Not provided for | No |
County pays for the interpreter. |
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Ohio | Ohio Rev. Code § 2151.54 | Fees and costs |
If a child is adjudicated to be a delinquent child or a juvenile traffic offender and the juvenile court specifically is required, by section 2743.70 or 2949.091 of the Revised Code or any other section of the Revised Code, to impose a specified sum of money as court costs in addition to any other court costs that the court is required or permitted by law to impose, the court shall not waive the payment of the specified additional court costs that the section of the Revised Code specifically requires the court to impose unless the court determines that the child is indigent and the court either waives the payment of all court costs or enters an order in its journal stating that no court costs are to be taxed in the case.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Waives the payment of all court costs or enters an order in its journal stating that no court costs are to be taxed in the case |
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Ohio | Ohio Rev. Code § 2929.28(B) | Financial Sanctions - misdemeanor |
If the court determines a hearing is necessary, the court may hold a hearing to determine whether the offender is able to pay the financial sanction imposed pursuant to this section or court costs or is likely in the future to be able to pay the sanction or costs. If the court determines that the offender is indigent and unable to pay the financial sanction or court costs, the court shall consider imposing and may impose a term of community service under division (A) of section 2929.27 of the Revised Code in lieu of imposing a financial sanction or court costs. If the court does not determine that the offender is indigent, the court may impose a term of community service under division (A) of section 2929.27 of the Revised Code in lieu of or in addition to imposing a financial sanction under this section and in addition to imposing court costs. The court may order community service for a minor misdemeanor pursuant to division (D) of section 2929.27 of the Revised Code in lieu of or in addition to imposing a financial sanction under this section and in addition to imposing court costs. If a person fails to pay a financial sanction or court costs, the court may order community service in lieu of the financial sanction or court costs.
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Misdemeanor |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | No |
Community service in lieu of restitution. |
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Ohio | Ohio Rev. Code § 2953.32(C)(3) | Sealing of record of conviction or bail forfeiture |
An applicant may request the sealing of the records of more than one case in a single application under this section. Upon the filing of an application under this section, the applicant, unless indigent, shall pay a fee of fifty dollars, regardless of the number of records the application requests to have sealed.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Not provided for | No |
Likely no requirement to pay fee |
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