Data Explorer: Ability to pay | 50 State Criminal Justice Debt Tool

Ability to Pay

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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.

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	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
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
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
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
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
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
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
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
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
Add to Dashboard + Create New	Minnesota	Minn. Stat. Ann. § 244.18(4)	Local correctional fees; imposition on offenders	Exemption from fee. — The chief executive officer of the local correctional agency may waive payment of the fee if the officer determines that the offender does not have the ability to + See more pay the fee, the prospects for payment are poor, or there are extenuating circumstances justifying waiver of the fee. Instead of waiving the fee, the local correctional agency may require the offender to perform community work service as a means of paying the fee.	All	Not provided for	Before imposition of fine or fee	Not provided for	Administrative decision	No	Fee waiver; community service.
Add to Dashboard + Create New	Minnesota	Minn. Stat. Ann. § 244.18(2)	Local correctional fees; imposition on offenders	Local correctional fees. — A local correctional agency may establish a schedule of local correctional fees to charge persons under the supervision and control of the local correctional agency to defray costs + See more associated with correctional services. The local correctional fees on the schedule must be reasonably related to defendants’ abilities to pay and the actual cost of correctional services.	All	Not provided for	Before imposition of fine or fee	Not provided for	Administrative decision	No	Not provided for
Add to Dashboard + Create New	Minnesota	Minn. R. Crim. P. 28.02(5)(9)	Appeal by defendant	All fees--including appeal fees, hearing fees, or filing fees--ordinarily charged by the clerk of the appellate courts or court administrators are waived when the State Public Defender's office, or other + See more public defender's office, represents the defendant. The court must also waive these fees on a sufficient showing by any other attorney that the defendant cannot pay them.	All	Not provided for	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Fee waiver
Add to Dashboard + Create New	Minnesota	Minn. Stat. Ann. § 609.104(1)(b)	Fine and Surcharge Collection	The defendant may contest the referral for collection based on inability to pay by requesting a hearing no later than the due date. The defendant shall be notified in writing at sentencing that under section 480.15, subdivision 10c, the court may refer the case for collection for nonpayment, and collection costs may be added to the amount due. The defendant shall also be notified in writing of the right to contest a referral for collection. The state court administrator shall develop + See more the notice language.	All	Not provided for	At defendant's request at enforcement	Not provided for	Determined by judge after hearing	Yes	Not specified
Add to Dashboard + Create New	Minnesota	Minn. Stat. Ann. § 609.101(5)(b)	Surcharge on Fines, Assessments; Minimum Fines	If the defendant qualifies for the services of a public defender or the court finds on the record that the convicted person is indigent or that immediate payment of the + See more fine would create undue hardship for the convicted person or that person’s immediate family, the court may reduce the amount of the minimum fine to not less than $ 50. Additionally, the court may permit the defendant to perform community work service in lieu of a fine.	All	Indigent or that immediate payment of the fine would create undue hardship for the convicted person or that person’s immediate family.	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Maximum $50 fine or community service.
Add to Dashboard + Create New	Minnesota	Minn. Stat. Ann. § 609.226(4)(c)	Harm caused by dog	The court shall order a person convicted of violating this subdivision to pay restitution for the costs and expenses resulting from the crime. Costs and expenses include, but are not + See more limited to, the service animal user's loss of income, veterinary expenses, transportation costs, and other expenses of temporary replacement assistance services, and service animal replacement or retraining costs incurred by a school, agency, or individual. If the court finds that the convicted person is indigent, the court may reduce the amount of restitution to a reasonable level or order it paid in installments.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Reduce the amount of restitution to a reasonable level or order it paid in installments.
Add to Dashboard + Create New	Minnesota	Minn. Stat. Ann. § 609.324(4)	Patrons; prostitutes; housing individuals engaged in prostitution; penalties	Community service in lieu of minimum fine. The court may order a person convicted of violating subdivision 2 or 3 to perform community work service in lieu of all or + See more a portion of the minimum fine required under those subdivisions if the court makes specific, written findings that the convicted person is indigent or that payment of the fine would create undue hardship for the convicted person or that person's immediate family. Community work service ordered under this subdivision is in addition to any mandatory community work service ordered under subdivision 3.	All	Indigent or that payment of the fine would create undue hardship for the convicted person or that person's immediate family.	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Community service in lieu of payment.
Add to Dashboard + Create New	Minnesota	Minn. Stat. Ann. § 609.3241(b)	Sex Crimes: Penalty assessment authorized	The court may not waive payment of the minimum assessment required by this section. If the defendant qualifies for the services of a public defender or the court finds on + See more the record that the convicted person is indigent or that immediate payment of the assessment would create undue hardship for the convicted person or that person's immediate family, the court may reduce the amount of the minimum assessment to not less than $100. The court also may authorize payment of the assessment in installments.	All	Indigent or that immediate payment of the assessment would create undue hardship for the convicted person or that person's immediate family,	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Reduce fee to $100 or less or allow for installments.
Add to Dashboard + Create New	Minnesota	Minn. Stat. Ann. § 609.3456(b)	Use of polygraphs for sex offenders on probation or conditional release	(b) The court or commissioner may order the offender to pay all or a portion of the costs of the examinations. The fee may be waived if the offender is + See more indigent or if payment would result in an economic hardship to the offender's immediate family.	All	Indigent or if payment would result in an economic hardship to the offender's immediate family	Not provided for	Not provided for	Not provided for	No	Fee waiver.
Add to Dashboard + Create New	Minnesota	Minn. Stat. Ann. § 609.596(2b)	Killing or harming public safety dog	Mandatory restitution. The court shall order a person convicted of violating this section to pay restitution for the costs and expenses resulting from the crime. Costs and expenses include, but + See more are not limited to, the purchase and training of a replacement dog and veterinary services for the injured dog. If the court finds that the convicted person is indigent, the court may reduce the amount of restitution to a reasonable level or order it paid in installments.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Reduce the amount of restitution to a reasonable level or order it paid in installments.
Add to Dashboard + Create New	Minnesota	Minn. Stat. Ann. § 609.749(6)(c)-(d)	Stalking; penalties	(c) If the assessment indicates that the offender is in need of and amenable to mental health treatment, the court shall include in the sentence a requirement that the offender + See more undergo treatment. (d) The court shall order the offender to pay the costs of assessment under this subdivision unless the offender is indigent under section 563.01.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Not provided for
Add to Dashboard + Create New	Minnesota	Minn. Stat. Ann. § 609A.03(1)	Petition to expunge criminal records	Petition; filing fee. An individual who is the subject of a criminal record who is seeking the expungement of the record shall file a petition under this section and pay + See more a filing fee in the amount required under section 357.021, subdivision 2, clause (1). The filing fee may be waived in cases of indigency and shall be waived in the cases described in section 609A.02, subdivision 3, paragraph (a), clause (1).	All	Indigent	Not provided for	Not provided for	Not provided for	No	Fee waiver

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