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

Ability to Pay

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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	Alaska	Alaska Stat. Ann. § 12.55.051(c)	Enforcement of Fines and Restitution	A defendant who has been sentenced to pay a fine or restitution may request a hearing regarding the defendant's ability to pay the fine or restitution at any time that + See more the defendant is required to pay all or a portion of the fine or restitution. The court may deny the request if it has previously considered the defendant's ability to pay and the defendant's request does not allege changed circumstances. If, at a hearing under this subsection, the defendant proves by a preponderance of the evidence that the defendant will be unable through good faith efforts to satisfy the order requiring payment of the fine or restitution, the court shall modify the order so that the defendant can pay the fine or restitution through good faith efforts. The court may reduce the fine ordered, change the payment schedule, or otherwise modify the order. The court may not reduce an order of restitution but may change the payment schedule.	All	"Defendant will be unable through good faith efforts to satisfy the order requiring payment of the fine or restitution."	At defendant's request at enforcement	Burden on defendant to show inability to pay	Determined by judge after hearing	No	Reduction of fine; modification of fee schedule; or any other modification the Court thinks appropriate.
Add to Dashboard + Create New	Alaska	Alaska Stat. Ann. § 18.85.120	Determination of Indigency; Repayment	(a) The determination of a person's indigency shall be made by the court in which an action against the person is pending. The determination shall be made by the court + See more and shall set out the basis for the finding that the person is indigent. (b) In determining whether a person is indigent and in determining the extent of the person's inability to pay, the court shall consider such factors as income, property owned, outstanding obligations, and the number and ages of dependents. Release on bail does not preclude a finding that a person is indigent. In each case, the person, subject to the penalties for perjury, shall certify under oath, and in writing or by other record, material factors relative to the person's financial resources and ability to pay that the court prescribes.	All	"The court shall consider such factors as income, property owned, outstanding obligations, and the number and ages of dependents."	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Not provided for
Add to Dashboard + Create New	Alaska	Alaska Stat. Ann. § 12.55.039(b)	Surcharge	A court may not fail to impose the surcharge required under this section. The surcharge may not be waived, deferred, or suspended. A court may allow a defendant who is + See more unable to pay the surcharge required to be imposed under this section to perform community work under AS 12.55.055(c) in lieu of the surcharge.	All	"Unable to pay the surcharge."	At enforcement of fine or fee	Not provided for	Not provided for	No	Community Service
Add to Dashboard + Create New	Alaska	Alaska Stat. § 12.55.045(g),(j),(k)	Restitution and Compensation	(g) The court may not, in ordering the amount of restitution, consider the defendant’s ability to pay restitution; (j) A defendant who is convicted of an offense for which restitution may be + See more ordered shall submit financial information as ordered by the court. The Alaska Court System shall prepare a form, in consultation with the Department of Law, for the submission of the information; the form must include a warning that submission of incomplete or inaccurate information is punishable as unsworn falsification in the second degree under AS 11.56.210. A defendant who is convicted of (1) a felony shall submit the form to the probation office within 30 days after conviction, and the probation officer shall attach the form to the presentence report, or (2) a misdemeanor shall file the form with the defendant’s response or opposition to the restitution amount. The defendant shall provide a copy of the completed form to the prosecuting authority; (k) The court, on its own motion or at the request of the prosecuting authority or probation officer, may order a defendant on probation who has been ordered to pay restitution to submit financial information to the court using the form specified in (j) of this section. The defendant shall file the completed form with the court within five days after the court’s order. The defendant shall provide a copy of the completed form to the prosecuting authority and the person’s probation officer, if any.	All	Not provided for	Not provided for	Not provided for	Not provided for	No	Not provided for
Add to Dashboard + Create New	Alaska	Alaska Stat. § 18.85.155(a)	Payment by Municipality	When a municipality prosecutes a person who has been determined by the court to be indigent under AS 18.85.120 for a violation of a municipal ordinance that is a serious crime, the + See more municipality shall pay for the services of the attorney appointed by the court to defend the indigent person.	All	"Indigent under AS 18.85.120"	Not provided for	Not provided for	Not provided for	Yes	The municipality shall pay for the services of the attorney appointed by the court to defend the indigent person.
Add to Dashboard + Create New	Alaska	Alaska Stat. § 33.30.028(b)	Responsibility for Costs of Medical Care	The commissioner shall require prisoners who are without resources under (a) of this section to pay the costs of medical, psychological, and psychiatric care provided to them by the department. + See more At a minimum, the prisoner shall be required to pay a portion of the costs based upon the prisoner’s ability to pay.	All	Not provided for	Not provided for	Not provided for	Administrative decision	No	Required to pay a portion of the costs.
Add to Dashboard + Create New	Alaska	Alaska Stat. § 12.55.100(f)	Conditions of Probation	While on probation and as a special condition of probation for an offense where the aggravating factor provided in AS 12.55.155(c)(29) has been proven or admitted, the court shall require that the + See more defendant submit to electronic monitoring. Electronic monitoring under this subsection must provide for monitoring of the defendant’s location and movements by Global Positioning System technology. The court shall require a defendant serving a period of probation with electronic monitoring as provided under this subsection to pay all or a portion of the costs of the electronic monitoring, but only if the defendant has sufficient financial resources to pay the costs or a portion of the costs. A defendant subject to electronic monitoring under this subsection is not entitled to a credit for time served in a correctional facility while the defendant is on probation. In this subsection, “correctional facility” has the meaning given in AS 33.30.901.	All	"Sufficient financial resources to pay the costs or a portion of the costs."	Not provided for	Not provided for	Not provided for	No	Not provided for
Add to Dashboard + Create New	Alaska	Alaska Stat. § 09.19.010	Limitation on Exemption From Filing Fees	(c) Based on the submission under (b) of this section, the court may grant an exemption from part of the applicable filing fees if the court finds that exceptional circumstances + See more prevent the prisoner from paying full filing fees. Imprisonment and indigency do not constitute exceptional circumstances if the prisoner has available income or resources that can be applied to the filing fee; (d) If the court orders an exemption under (c) of this section, the court shall determine the amount of the exemption and set a filing fee to be paid by the prisoner. In setting the fee, the court, at a minimum, shall require the prisoner to pay filing fees equal to 20 percent of the larger of the average monthly deposits made to the prisoner’s account described in (b)(2) of this section, or the average balance in that account, not to exceed the amount of the full filing fee required under applicable court rules.	All	"Exceptional circumstances prevent the prisoner from paying full filing fees"	At defendant's request before imposition of fine or fee	Burden on defendant to show inability to pay	Administrative decision	No	Fee is recalculated based on prisoner's resources.
Add to Dashboard + Create New	Oregon	Or. Rev. Stat. § 161.645	Ability to pay -- prior to imposition of fine	In determining whether to impose a fine and its amount, the court shall consider: (1) The financial resources of the defendant and the burden that payment of a fine will impose, + See more with due regard to the other obligations of the defendant; and (2) The ability of the defendant to pay a fine on an installment basis or on other conditions to be fixed by the court. [1971 c.743 §78]	All	(1) The financial resources of the defendant and the burden that payment of a fine will impose, with due regard to the other obligations of the defendant; and (2) The + See more ability of the defendant to pay a fine on an installment basis or on other conditions to be fixed by the court. [1971 c.743 §78]	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Payment plan
Add to Dashboard + Create New	Oregon	Or. Rev. Stat. § 135.050(1)	Eligibility for court-appointed counsel; financial statement; termination; civil liability	(1) Suitable counsel for a defendant shall be appointed by a municipal, county or justice court if:(a) The defendant is before a court on a matter described in subsection (5) + See more of this section; (b) The defendant requests aid of counsel; (c) The defendant provides to the court a written and verified financial statement; and (d) It appears to the court that the defendant is financially unable to retain adequate representation without substantial hardship in providing basic economic necessities to the defendant or the defendants dependent family.	All	Substantial hardship in providing basic economic necessities to the defendant or the defendants' dependent family	Not provided for	Not provided for	Determined by judge after hearing	Yes	N/A
Add to Dashboard + Create New	Oregon	Or. Rev. Stat. § 135.050(2)	Eligibility for court-appointed counsel; financial statement; termination; civil liability	(2) Suitable counsel for a defendant shall be appointed by a circuit court if: (a) The defendant is before the court on a matter described in subsection (5) of this + See more section; (b) The defendant requests aid of counsel; (c) The defendant provides to the court a written and verified financial statement; and (d)(A) The defendant is determined to be financially eligible under ORS 151.485 (Financial eligibility) and the standards established by the Public Defense Services Commission under ORS 151.216 (Duties); or (B) The court finds, on the record, substantial and compelling reasons why the defendant is financially unable to retain adequate representation without substantial hardship in providing basic economic necessities to the defendant or the defendants dependent family despite the fact that the defendant does not meet the financial eligibility standards established by the commission.	All	Substantial hardship in providing basic economic necessities to the defendant or the defendants dependent family despite the fact that the defendant does not meet the financial eligibility standards established by + See more the commission.	Not provided for	Not provided for	Determined by judge after hearing	Yes	N/A
Add to Dashboard + Create New	Oregon	Or. Rev. Stat. § 151.485(1)-(2)	Financial eligibility; determination; financial statement; termination of appointed counsel	(1) For purposes of determining the financial eligibility for appointed counsel of persons with a constitutional or statutory right to counsel in matters before the state courts and whose counsel + See more is authorized to be paid by the public defense services executive director under ORS 151.219 (Public defense services executive director), a person is financially eligible for appointed counsel if the person is determined to be financially unable to retain adequate counsel without substantial hardship in providing basic economic necessities to the person or the persons dependent family under standards established by the Public Defense Services Commission under ORS 151.216. (2) A determination of financial eligibility shall be made upon the basis of information contained in a detailed financial statement submitted by the person for whom counsel is requested or appointed or, in an appropriate case, by the persons parent, guardian or custodian. The financial statement shall be in the form prescribed by the Public Defense Services Commission. The form shall contain a full disclosure of all assets, liabilities, current income, dependents and other information required by ORS 135.050 (4) and, in addition, any information required by the commission and state courts as necessary to determine eligibility. The commission shall adopt uniform statewide guidelines and procedures that prescribe how to use the form and determine financial eligibility for appointed counsel.	All	Substantial hardship in providing basic economic necessities to the person or the persons dependent family under standards established by the Public Defense Services Commission under ORS 151.216.	Not provided for	Not provided for	Determined by judge after hearing	Yes	N/A

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