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
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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
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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

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

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support.

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

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support.

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
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her immediate family.
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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
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afford such cost whereupon such cost may be imposed pursuant to a payment plan or waived
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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
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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.
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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
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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.
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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
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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.
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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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Idaho Idaho Code § 31-3204 Victim Notification -- Fee

The court shall charge a fee of fifteen dollars ($ 15.00) for victim notification purposes to be paid by each person found guilty of each felony, misdemeanor or infraction under section

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18-8001 or 49-301, Idaho Code, or first-time infraction under section 23-604 or 23-949, Idaho Code, except when the court orders such fee waived because the person is indigent and unable to pay such fee. Such fee shall be in addition to all other fines and fees levied. Such fee shall be paid to the county treasurer who shall, within five (5) days after the end of the month, pay such fees to the state treasurer for deposit in the state victim notification fund established in section 67-2912, Idaho Code.

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"Person is indigent and unable to pay such fee."

Before imposition of fine or fee Not provided for Determined by judge after hearing No

The court may order such fee waived.

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Idaho Idaho Code § 31-3201E Drug Court and Mental Health Court Fee -- Drug Court and Mental Health Court Fund

Each person admitted into a drug court or mental health court shall pay a drug court and mental health court fee in an amount not to exceed three hundred dollars

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($ 300) per month or a lesser amount as set by the administrative district judge for participants in the drug court and mental health court. For good cause, the judge presiding over a drug court or mental health court may exempt a participant from paying all or a portion of the drug court and mental health court fee. The fee imposed under this section shall be paid to the clerk of the district court for deposit into the county drug court and mental health court fund which is hereby created in each county that has a drug court or mental health court. Moneys in this fund may be accumulated from year to year and shall be expended exclusively for expenses incurred in connection with the drug court or mental health court including, but not limited to, substance abuse treatment, mental health treatment, drug testing, supervision and private counseling services utilized by the drug court or mental health court. Any failure to pay the drug court and mental health court fee may constitute grounds for termination from drug court or mental health court by the court, provided this shall not be the exclusive remedy for collection of the fee. If a participant is terminated from the drug court or mental health court prior to successful completion of the program and a judgment of conviction is entered against the defendant, any unpaid drug court and mental health court fee shall be ordered by the court in the judgment of conviction, provided the court may order such fee to be waived if the court determines that the person is indigent and unable to pay the fee. Such fee shall be in addition to all other fines and fees levied, and the payment of such fee may also be ordered as a term and condition of probation.

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"The person is indigent and unable to pay the fee."

At enforcement of fine or fee Not provided for Determined by judge after hearing No

The court may order such fee to be waived.

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Idaho Idaho Code § 31-3201C Community Service Fee

The court shall charge a fee of sixty cents (60 cent(s) ) per hour of community service to be remitted to the state insurance fund for purposes of providing worker's

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compensation insurance for persons performing community service; however, if a county is self-insured and provides worker's compensation insurance for persons performing community service, then remittance to the state insurance fund is not required. This per hour fee shall be paid by each person found guilty of any felony or misdemeanor and community service is provided as part of the sanction or as a condition of a withheld judgment or probation. The court may waive such fee if it determines the person is indigent and unable to pay such fee. Such fees shall be in addition to all other fines and fees levied. Such fees shall be paid to the district court and deposited in the county treasury for payment to the state insurance fund.

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"The person is indigent and unable to pay such fee."

Before imposition of fine or fee Not provided for Determined by judge after hearing No

The court may waive such fee.

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Idaho Idaho Code § 31-3201A(2) Court Fees

Felonies and misdemeanors. A fee of seventeen dollars and fifty cents ($ 17.50) shall be paid, but not in advance, by each person found guilty of any felony or misdemeanor,

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except when the court orders such fee waived because the person is indigent and unable to pay such fee. Eleven dollars ($ 11.00) of such fee shall be paid to the county treasurer for deposit in the district court fund of the county, with six dollars ($ 6.00) of such eleven dollars ($ 11.00) dedicated to provide for the suitable and adequate quarters of the magistrate's division of the district court, including the facilities and equipment necessary to make the space provided functional for its intended use, and shall provide for the staff personnel, supplies and other expenses of the magistrate's division; one dollar ($ 1.00) of such filing fee shall be paid to the peace officers standards and training fund established in section 19-5116, Idaho Code; and five dollars and fifty cents ($ 5.50) of such fee shall be paid to the county treasurer who shall pay such fees to the state treasurer for deposit in accordance with subsection (15) of this section.

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"The person is indigent and unable to pay such fee."

Before imposition of fine or fee Not provided for Determined by judge after hearing No

The court may order such fee waived.

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Idaho Idaho Code § 19-5304(7) Restitution for Crime Victims -- Orders to be Separate -- When Restitution is Not Appropriate -- Other Remedies -- Evidentiary Hearings -- Definitions

The court, in determining whether to order restitution and the amount of such restitution, shall consider the amount of economic loss sustained by the victim as a result of the

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offense, the financial resources, needs and earning ability of the defendant, and such other factors as the court deems appropriate. The immediate inability to pay restitution by a defendant shall not be, in and of itself, a reason to not order restitution.

All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes Not provided for
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Idaho Idaho Code § 31-3220(1)(d);(2);(3) Inability to Pay Fees -- Definitions -- Affidavit

(1) (d)  "Indigent" means a person who is not a prisoner, as defined in section 31-3220A, Idaho Code, and who is found by the court to be unable to pay fees, costs or

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give security for the purpose of prepayment of fees, costs or security in a civil action;   (2) The court may authorize the commencement or defense of any action without prepayment of fees, costs or security, by any indigent person not a prisoner, providing: (a) The person files an affidavit that he is indigent as provided in subsection (3) of this section, and unable to pay fees, costs or give security; and (b) The court finds, after informal inquiry, that the person is indigent for the purpose of prepayment of fees, costs or security;   (3) The affidavit shall contain complete information as to: (a) The person's identity; (b) The nature and amount of his income; (c) His spouse's income; (d) The real and personal property owned; (e) His cash or checking accounts; (f) His dependents; (g) His debts; (h) His monthly expenses; (i) The nature of the action; (j) The affiant’s belief that he is entitled to redress. The affidavit shall also contain the following statements: "I am unable to pay the court costs. I verify that the statements made in this affidavit are true and correct." The affidavit shall be sworn as required by law. 

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"'Indigent' means a person who is not a prisoner, as defined in section 31-3220A, Idaho Code, and who is found by the court to be unable to pay fees, costs or

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give security for the purpose of prepayment of fees, costs or security in a civil action."

At defendant's request before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing No

No prepayment of fees, costs or security required.

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Idaho Idaho Code § 31-3220A(2);(7) Prisoner Payment of Fees at Time of Filing of Action -- Partial Payment of Fees -- Dismissal of Action

(2)  A prisoner who seeks to file an action with partial payment of court fees required in sections 31-3201 and 31-3201A, Idaho Code, shall file the following at the time of filing of an

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action: (a)  A motion to proceed on partial payment of court fees under this section; (b)  An affidavit of inability to pay all court fees at the time of filing the action, containing complete information as to: (i)  The prisoner's identity; (ii)  The nature and amount of the prisoner's income; (iii)  The prisoner's spouse's income; (iv)  The real and personal property owned; (v)  His cash or checking accounts; (vi)  His dependents; (vii)  His debts; (viii)  His monthly expenses; (ix)  The nature of the action; (x)  The affiant's belief that he is entitled to redress; The affidavit shall also contain the following statements: "I am unable to pay all court costs at the time of filing the action. I verify that the statements made in this affidavit are true and correct." The affidavit shall be sworn as required by law;  (7)  In no event shall a prisoner be prohibited from bringing an action for the reason that the prisoner has no assets and no means by which to pay the initial partial filing fee.

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"Inability to pay all court fees at the time of filing the action."

At defendant's request before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge without hearing No

Partial prepayment of fees, costs or security and the imposition of a monthly payment plan.

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Idaho Idaho Code § 19-854 Determination of Indigency -- Factors Considered -- Partial Payment by Accused -- Reimbursement

(1) The determination of whether a person covered under section 19-852, Idaho Code, is an indigent person shall be deferred until his first appearance in court or in a suit

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for payment or reimbursement under section 19-858, Idaho Code, whichever occurs earlier. Thereafter, the court concerned shall determine, with respect to each proceeding, whether he is an indigent person;    (2) The court concerned shall presume that the following persons are indigent persons unless such a determination is contrary to the interests of justice: (a) Persons whose current monthly income does not exceed one hundred eighty-seven percent (187%) of the federal poverty guidelines issued annually by the federal department of health and human services; (b) Persons who receive, or whose dependents receive, public assistance pursuant to title 56, Idaho Code, in the form of food assistance, health coverage, cash assistance or child care assistance; or (c) Persons who are currently serving a sentence in a correctional facility or are being housed in a mental health facility;    (3) The court concerned may determine that persons other than those described in subsection (2) of this section are indigent persons. In determining whether a person is an indigent person and in determining the extent of his inability to pay, the court concerned may consider such factors as income, property owned, outstanding obligations, the number and ages of his dependents and the cost of bail. Participation in the Idaho health insurance exchange shall not result in the presumption of indigence;    (4) Release on bail does not necessarily prevent a person from being an indigent person;    (5) In each case, the person shall, subject to the penalties for perjury, certify in writing or by other record such material factors relating to his ability to pay as the court prescribes by rule. No information provided by a person pursuant to this subsection may be used as substantive evidence in any criminal or civil proceeding against the person except: (a) For impeachment purposes; (b) In a prosecution for perjury or contempt committed in providing the information; or (c) In an attempt to enforce an obligation to reimburse the state for the cost of counsel;    (6) To the extent that a person covered under section 19-852, Idaho Code, is able to provide for an attorney, the other necessary services and facilities of representation, and court costs, the court may order him to provide for their payment;    (7) Upon conviction, notwithstanding the form of judgment or withheld judgment, plea of guilty or finding of guilt for any crime regardless of the original crime or number of counts, an indigent person who receives the services of an attorney provided by the county may be required by the court to reimburse the county for all or a portion of the cost of those services related to the conviction, plea of guilty or finding of guilt, unless the requirement would impose a manifest hardship on the indigent person. The current inability of the indigent person to pay the reimbursement shall not, in and of itself, restrict the court from ordering reimbursement.

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"The court concerned shall presume that the following persons are indigent persons unless such a determination is contrary to the interests of justice: (a) Persons whose current monthly income does

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not exceed one hundred eighty-seven percent (187%) of the federal poverty guidelines issued annually by the federal department of health and human services; (b) Persons who receive, or whose dependents receive, public assistance pursuant to title 56, Idaho Code, in the form of food assistance, health coverage, cash assistance or child care assistance; or (c) Persons who are currently serving a sentence in a correctional facility or are being housed in a mental health facility."

Before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing No Not provided for
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Idaho Idaho Code § 19-5304(7) Restitution for Crime Victims -- Orders to be Separate -- When restitution is not Appropriate -- Other Remedies -- Evidentiary Hearings -- Definitions

The court, in determining whether to order restitution and the amount of such restitution, shall consider the amount of economic loss sustained by the victim as a result of the

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offense, the financial resources, needs and earning ability of the defendant, and such other factors as the court deems appropriate. The immediate inability to pay restitution by a defendant shall not be, in and of itself, a reason to not order restitution.

All Not provided for Before imposition of fine or fee Not provided for Not provided for No Not provided for
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Idaho Idaho Code § 16-2431 Cost of Involuntary Treatment Proceedings

All costs associated with the involuntary treatment proceedings, including usual and customary fees of designated examiners, transportation costs and all medical, psychiatric and hospital costs, shall be the responsibility of

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the parents of the child according to their ability to pay, based on the sliding fee scale established under section 16-2433, Idaho Code, or, if indigent, the county of such child's residence after all personal, family and third party resources including medical assistance as authorized by title XIX of the social security act, as amended, are considered. The department shall assume responsibility for usual and customary treatment costs when the order for involuntary treatment is signed until the involuntary person is discharged and after all personal, family and third party resources are considered in accordance with section 66-354, Idaho Code. For the purposes of this section, "usual and customary treatment costs" includes room and board; support services rendered at a facility of the department; routine physical, medical, psychological and psychiatric examination and testing; and group and individual therapy, psychiatric treatment, medication and medical care which can be provided at a facility of the department or approved by the department. The term "usual and customary treatment costs" shall not include witness fees and expenses for court appearances. Counties shall have no responsibility for costs of voluntary treatment of children under this chapter. Counties shall have no responsibility to pay for the cost of involuntary treatment of children after the court order is signed. This section does not affect the right of any child to receive free mental health or developmental disability services under any publicly supported program or the right of any parent to reimbursement from, or payment on the child's behalf by, any publicly supported program or private insurer.

All Not provided for Before imposition of fine or fee Not provided for Not provided for No Not provided for
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Idaho Idaho Code § 20-225 Payment for Cost of Supervision

Any person under state probation or parole supervision shall be required to contribute not more than seventy-five dollars ($ 75.00) per month as determined by the board of correction. Costs

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of supervision are the direct and indirect costs incurred by the department of correction to supervise probationers and parolees, including tests to determine drug and alcohol use, books and written materials to support rehabilitation efforts, and monitoring of physical location through the use of technology. Any failure to pay such contribution shall constitute grounds for the revocation of probation by the court or the revocation of parole by the commission for pardons and parole. The division of probation and parole in the department of correction may exempt a person from the payment of all or any part of the foregoing contribution if it finds any of the following factors to exist: (1)  The offender has diligently attempted but been unable to obtain employment. (2)  The offender has a disability affecting employment, as determined by a physical, psychological or psychiatric examination acceptable to the division of probation and parole.

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The  court determines whether " the offender has diligently attempted but been unable to obtain employment [or whether] the offender has a disability affecting employment, as determined by a physical,

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psychological or psychiatric examination acceptable to the division of probation and parole."

Before imposition of fine or fee Not provided for Administrative decision Yes

The division of probation and parole in the department of correction may exempt a person from the payment of all or any part of the foregoing contribution.

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Idaho Idaho Code § 20-619(1);(3) Fee for Medical Service

(1)  County sheriff departments administering county jails may charge a nominal fee of twenty dollars ($ 20.00) to any nonindigent inmate who has sufficient funds in his commissary or personal account

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for the purpose of seeing the jail provided doctor or nurse for a medical complaint. In the event that an inmate is indigent, such service shall be provided by the county at no cost;   (3)  A "nonindigent" inmate, for purposes of this section, is an inmate who has money in his commissary or personal account normally used for the purchase of personal items for the inmate.

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"A "nonindigent" inmate, for purposes of this section, is an inmate who has money in his commissary or personal account normally used for the purchase of personal items for the

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inmate."

Before imposition of fine or fee Not provided for Determined by judge after hearing No

"Such service shall be provided by the county at no cost."