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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Illinois 725 Ill. Comp. Stat. 5/113-3.1(a) Payment for Court-Appointed Counsel

Whenever under either Section 113-3 of this Code [725 ILCS 5/113-3] or Rule 607 of the Illinois Supreme Court the court appoints counsel to represent a defendant, the court may

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order the defendant to pay to the Clerk of the Circuit Court a reasonable sum to reimburse either the county or the State for such representation. In a hearing to determine the amount of the payment, the court shall consider the affidavit prepared by the defendant under Section 113-3 of this Code [725 ILCS 5/113-3] and any other information pertaining to the defendant’s financial circumstances which may be submitted by the parties. Such hearing shall be conducted on the court’s own motion or on motion of the State’s Attorney at any time after the appointment of counsel but no later than 90 days after the entry of a final order disposing of the case at the trial level.

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Not provided for

Before imposition of fine or fee Not provided for Determined by judge after hearing Yes

Not specified

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Illinois 730 Ill. Comp. Stat. 5/5-5-6(f) Conviction Dispositions: Restitution

Taking into consideration the ability of the defendant to pay, including any real or personal property or any other assets of the defendant, the court shall determine whether restitution shall

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be paid in a single payment or in installments, and shall fix a period of time not in excess of 5 years, except for violations of Sections 16-1.3 and 17-56 of the Criminal Code of 1961 or the Criminal Code of 2012 [720 ILCS 5/16-1.3 and 720 ILCS 5/17-56], or the period of time specified in subsection (f-1), not including periods of incarceration, within which payment of restitution is to be paid in full. Complete restitution shall be paid in as short a time period as possible. However, if the court deems it necessary and in the best interest of the victim, the court may extend beyond 5 years the period of time within which the payment of restitution is to be paid. If the defendant is ordered to pay restitution and the court orders that restitution is to be paid over a period greater than 6 months, the court shall order that the defendant make monthly payments; the court may waive this requirement of monthly payments only if there is a specific finding of good cause for waiver.

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Not provided for

Before imposition of fine or fee Not provided for Determined by judge without hearing No

Payment plan not to exceed 5 years.

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Illinois 730 Ill. Comp. Stat. 5/5-5-6(i) Authorized Dispositions; Restituion

A sentence of restitution may be modified or revoked by the court if the . . . the offender fails to make restitution as ordered by the court, but no

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sentence to make restitution shall be revoked unless the court shall find that the offender has had the financial ability to make restitution, and he has wilfully refused to do so. When the offender’s ability to pay restitution was established at the time an order of restitution was entered or modified, or when the offender’s ability to pay was based on the offender’s willingness to make restitution as part of a plea agreement made at the time the order of restitution was entered or modified, there is a rebuttable presumption that the facts and circumstances considered by the court at the hearing at which the order of restitution was entered or modified regarding the offender’s ability or willingness to pay restitution have not materially changed. If the court shall find that the defendant has failed to make restitution and that the failure is not wilful, the court may impose an additional period of time within which to make restitution. The length of the additional period shall not be more than 2 years.

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Not provided for

At enforcement of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing No

Payment plan

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Illinois 730 Ill. Comp. Stat. 5/5-6-3(b)(10)(iv)-(v) Conditions of probation and of Conditional Discharge

(iv) for persons convicted of any alcohol, cannabis or controlled substance violation who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall

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impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the offender to pay the fee, the court assesses a lesser fee or no fee as the case may be. This fee shall be imposed in addition to the fees imposed under subsections (g) and (i) of this Section. The fee shall be collected by the clerk of the circuit court, except as provided in an administrative order of the Chief Judge of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer for deposit in the substance abuse services fund under Section 5-1086.1 of the Counties Code, except as provided in an administrative order of the Chief Judge of the circuit court. The Chief Judge of the circuit court of the county may by administrative order establish a program for electronic monitoring of offenders, in which a vendor supplies and monitors the operation of the electronic monitoring device, and collects the fees on behalf of the county. The program shall include provisions for indigent offenders and the collection of unpaid fees. The program shall not unduly burden the offender and shall be subject to review by the Chief Judge. The Chief Judge of the circuit court may suspend any additional charges or fees for late payment, interest, or damage to any device; and

(v) for persons convicted of offenses other than those referenced in clause (iv) above and who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the defendant to pay the fee, the court assesses a lesser fee or no fee as the case may be. This fee shall be imposed in addition to the fees imposed under subsections (g) and (i) of this Section. The fee shall be collected by the clerk of the circuit court, except as provided in an administrative order of the Chief Judge of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer who shall use the monies collected to defray the costs of corrections. The county treasurer shall deposit the fee collected in the probation and court services fund. The Chief Judge of the circuit court of the county may by administrative order establish a program for electronic monitoring of offenders, in which a vendor supplies and monitors the operation of the electronic monitoring device, and collects the fees on behalf of the county. The program shall include provisions for indigent offenders and the collection of unpaid fees. The program shall not unduly burden the offender and shall be subject to review by the Chief Judge. The Chief Judge of the circuit court may suspend any additional charges or fees for late payment, interest, or damage to any device.

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Not provided for

Not provided for Not provided for Not provided for No

Lesser fee or no fee applied.

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Illinois 730 Ill. Comp. Stat. 5/5-6-3(i) Conditions of probation and of conditional discharge

(i) The court shall impose upon an offender sentenced to probation after January 1, 1989 or to conditional discharge after January 1, 1992 or to community service under the supervision of

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a probation or court services department after January 1, 2004, as a condition of such probation or conditional discharge or supervised community service, a fee of $50 for each month of probation or conditional discharge supervision or supervised community service ordered by the court, unless after determining the inability of the person sentenced to probation or conditional discharge or supervised community service to pay the fee, the court assesses a lesser fee. The court may not impose the fee on a minor who is placed in the guardianship or custody of the Department of Children and Family Services under the Juvenile Court Act of 1987 while the minor is in placement. The fee shall be imposed only upon an offender who is actively supervised by the probation and court services department. The fee shall be collected by the clerk of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer for deposit in the probation and court services fund under Section 15.1 of the Probation and Probation Officers Act [730 ILCS 110/15.1]. A circuit court may not impose a probation fee under this subsection (i) in excess of $25 per month unless the circuit court has adopted, by administrative order issued by the chief judge, a standard probation fee guide determining an offender’s ability to pay Of the amount collected as a probation fee, up to $5 of that fee collected per month may be used to provide services to crime victims and their families. The Court may only waive probation fees based on an offender’s ability to pay. The probation department may re-evaluate an offender’s ability to pay every 6 months, and, with the approval of the Director of Court Services or the Chief Probation Officer, adjust the monthly fee amount. An offender may elect to pay probation fees due in a lump sum. Any offender that has been assigned to the supervision of a probation department, or has been transferred either under subsection (h) of this Section or under any interstate compact, shall be required to pay probation fees to the department supervising the offender, based on the offender’s ability to pay. Public Act 93-970 deletes the $10 increase in the fee under this subsection that was imposed by Public Act 93-616. This deletion is intended to control over any other Act of the 93rd General Assembly that retains or incorporates that fee increase.

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Not provided for

At enforcement of fine or fee Not provided for Administrative decision No

Waive or reduce fee.

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Illinois 730 Ill. Comp. Stat. 5/5-6(i-5) Conditions of probation and of conditional discharge

In addition to the fees imposed under subsection (i) of this Section, in the case of an offender convicted of a felony sex offense (as defined in the Sex Offender

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Management Board Act) or an offense that the court or probation department has determined to be sexually motivated (as defined in the Sex Offender Management Board Act), the court or the probation department shall assess additional fees to pay for all costs of treatment, assessment, evaluation for risk and treatment, and monitoring the offender, based on that offender’s ability to pay those costs either as they occur or under a payment plan.

Felony, Misdemeanor

Not provided for

Not provided for Not provided for Administrative decision Yes

Payment plan

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Illinois 730 Ill. Comp. Stat. 5/5-7-1(g) Sentence of Periodic Imprisonment

An offender sentenced to periodic imprisonment who undergoes mandatory drug or alcohol testing, or both, or is assigned to be placed on an approved electronic monitoring device, shall be ordered

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to pay the costs incidental to such mandatory drug or alcohol testing, or both, and costs incidental to such approved electronic monitoring in accordance with the defendant’s ability to pay those costs. The county board with the concurrence of the Chief Judge of the judicial circuit in which the county is located shall establish reasonable fees for the cost of maintenance, testing, and incidental expenses related to the mandatory drug or alcohol testing, or both, and all costs incidental to approved electronic monitoring, of all offenders with a sentence of periodic imprisonment. The concurrence of the Chief Judge shall be in the form of an administrative order. The fees shall be collected by the clerk of the circuit court, except as provided in an administrative order of the Chief Judge of the circuit court. The clerk of the circuit court shall pay all moneys collected from these fees to the county treasurer who shall use the moneys collected to defray the costs of drug testing, alcohol testing, and electronic monitoring. The county treasurer shall deposit the fees collected in the county working cash fund under Section 6-27001 or Section 6-29002 of the Counties Code, as the case may be.

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Not provided for

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

Not specified

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Illinois 730 Ill. Comp. Stat. 5/5-6-3(g) Conditions of Probation and of Conditional Discharge

An offender sentenced to probation or to conditional discharge and who during the term of either undergoes mandatory drug or alcohol testing, or both, or is assigned to be placed

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on an approved electronic monitoring device, shall be ordered to pay all costs incidental to such mandatory drug or alcohol testing, or both, and all costs incidental to such approved electronic monitoring in accordance with the defendant’s ability to pay those costs. The county board with the concurrence of the Chief Judge of the judicial circuit in which the county is located shall establish reasonable fees for the cost of maintenance, testing, and incidental expenses related to the mandatory drug or alcohol testing, or both, and all costs incidental to approved electronic monitoring, involved in a successful probation program for the county. The concurrence of the Chief Judge shall be in the form of an administrative order. The fees shall be collected by the clerk of the circuit court, except as provided in an administrative order of the Chief Judge of the circuit court. The clerk of the circuit court shall pay all moneys collected from these fees to the county treasurer who shall use the moneys collected to defray the costs of drug testing, alcohol testing, and electronic monitoring. The county treasurer shall deposit the fees collected in the county working cash fund under Section 6-27001 or Section 6-29002 of the Counties Code [55 ILCS 5/6-27001 or 55 ILCS 5/1-29002], as the case may be. The Chief Judge of the circuit court of the county may by administrative order establish a program for electronic monitoring of offenders, in which a vendor supplies and monitors the operation of the electronic monitoring device, and collects the fees on behalf of the county. The program shall include provisions for indigent offenders and the collection of unpaid fees. The program shall not unduly burden the offender and shall be subject to review by the Chief Judge.

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Not provided for

Before imposition of fine or fee Not provided for Determined by judge without hearing Yes

Not specified

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Illinois 730 Ill. Comp. Stat. 5/5-9-1(d)-(e) Authorized fines

(d) In determining the amount and method of payment of a fine, except for those fines established for violations of Chapter 15 of the Illinois Vehicle Code [625 ILCS 5/15-101 et seq.],

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the court shall consider:

(1) the financial resources and future ability of the offender to pay the fine; and

(2) whether the fine will prevent the offender from making court ordered restitution or reparation to the victim of the offense; and

(3) in a case where the accused is a dissolved corporation and the court has appointed counsel to represent the corporation, the costs incurred either by the county or the State for such representation.

(e) The court may order the fine to be paid forthwith or within a specified period of time or in installments.

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Financial resources and future ability to pay

Not provided for Not provided for Not provided for Yes

Not specified

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Illinois 730 Ill. Comp. Stat. 5/5-9-1.9(b) DUI analysis fee

When a person has been adjudged guilty of an offense in violation of Section 11-501 of the Illinois Vehicle Code, in addition to any other disposition, penalty, or fine imposed,

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a crime laboratory DUI analysis fee of $150 for each offense for which the person was convicted shall be levied by the court for each case in which a laboratory analysis occurred. Upon verified petition of the person, the court may suspend payment of all or part of the fee if it finds that the person does not have the ability to pay the fee.

Traffic Not provided for Before imposition of fine or fee Not provided for Determined by judge without hearing No

Suspend all or part of fee.

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Illinois 730 Ill. Comp. Stat. 5/5-9-1.9(c) DUI analysis fee

In addition to any other disposition made under the provisions of the Juvenile Court Act of 1987 [705 ILCS 405/1-1 et seq.], any minor adjudicated delinquent for an offense which

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if committed by an adult would constitute a violation of Section 11-501 of the Illinois Vehicle Code shall be assessed a crime laboratory DUI analysis fee of $150 for each adjudication. Upon verified petition of the minor, the court may suspend payment of all or part of the fee if it finds that the minor does not have the ability to pay the fee. The parent, guardian, or legal custodian of the minor may pay some or all of the fee on the minor’s behalf.

Traffic

Not provided for

Before imposition of fine or fee Not provided for Not provided for No

Suspend all or part of fee.

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Illinois 625 Ill. Comp. Stat. 5/6-206.1(c-5) Monitoring Device Driving Permit

If the Secretary determines that the person seeking the MDDP is indigent, the Secretary shall provide the person with a written document as evidence of that determination, and the person

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shall provide that written document to an ignition interlock device provider. The provider shall install an ignition interlock device on that person’s vehicle without charge to the person, and seek reimbursement from the Indigent BAIID Fund. If the Secretary has deemed an offender indigent, the BAIID provider shall also provide the normal monthly monitoring services and the de-installation without charge to the offender and seek reimbursement from the Indigent BAIID Fund. Any other monetary charges, such as a lockout fee or reset fee, shall be the responsibility of the MDDP holder. A BAIID provider may not seek a security deposit from the Indigent BAIID Fund.

Traffic

Indigent

Not provided for Not provided for Administrative decision Yes

Reimbursement by providers/providers installs ignition interlock device free of charge