50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
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.
44 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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Alabama | Ala.Code 1975 § 12-19-182(b) | Solicitor's fee |
The solicitor's fee shall be collected in all criminal cases where the defendant is adjudged guilty, a bond forfeited, a penalty imposed, or where there is issued any alias or + See morecapias warrant of arrest. The solicitor's fee shall be in addition to and not in lieu of any other fees or costs. The solicitor's fee shall not be waived or remitted unless the defendant proves to the reasonable satisfaction of the sentencing judge that the defendant is not capable of paying the fee within the reasonable foreseeable future.
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"capable of paying the fee within the reasonable foreseeable future." |
Not provided for | Burden on defendant to show inability to pay | Not provided for | No | Not provided for |
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Alabama | Ala.Code 1975 § 12-23-18 | Alcohol and Drug Abuse Court Referral and Treatment Program: Waiver of fees |
Any person determined to be indigent by the court may request waiver of all or part of the fees established by this chapter. In such cases where a waiver of fees is granted, such waiver shall be limited to the time when the offender is unable to pay. If the offender becomes able to pay during the course of monitoring or treatment, or another future date, the waiver of fees may be revoked. The judge may order an indigent offender to perform community service in lieu of payment of fees.
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All | Not provided for | At defendant's request at enforcement | Burden on defendant to show inability to pay | Not provided for | No | Not provided for |
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Alabama | Ala.Code 1975 § 12-17-226.18 | Pretrial diversion program: payment of costs |
Notwithstanding subsection (c) of Section 12-17-226.10, upon conviction for any criminal offense, felony, misdemeanor, or violation of the Code of Alabama 1975, or ordinance violation, any fees or costs shall not be waived or remitted unless the defendant or party responsible for paying the fees proves to the reasonable satisfaction of the presiding or sentencing judge that the defendant or party is not capable of paying the fees or costs within the reasonably foreseeable future.
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All |
"capable of paying the fees or costs within the reasonably foreseeable future" |
Not provided for | Not provided for | Not provided for | No | Not provided for |
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Alabama | Al. R. Cr. P. 26.11(b) | Fines and Restitution: Imposition of Fine |
(b) IMPOSITION OF FINE. If the court is given authority to impose a fine, in determining whether to impose a fine, the court should consider:(1) Whether there are particular reasons which make a fine appropriate as punishment for the defendant; (2) The financial resources and obligations of the defendant and the burden that payment of a fine will impose; (3) The ability of the defendant to pay a fine forthwith on an installment basis or on other conditions to be fixed by the court; (4) The extent to which payment of a fine will interfere with the ability of the defendant to make restitution or reparation to the victim of the crime; and (5) The amount of gain derived by the defendant or loss sustained by the victim as a result of defendant's commission of the offense, which amount shall be determined by the court from evidence presented at the sentence hearing if not stipulated by the parties.
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All | Not provided for | Not provided for | Not provided for | Not provided for | No |
(d) If the defendant cannot pay the costs, fine, and/or restitution immediately after pronouncement of the sentence as preferred, the court may permit payment of the costs, fine, and/or restitution, at some later date, or in specified installments. (h) REMEDIES FOR NONPAYMENT OF FINE OR RESTITUTION. If the defendant fails to pay a fine and/or restitution, the court may: (1) Reduce the fine to an amount the defendant is able to pay; (2) Continue or modify the schedule of payments of the fine and/or restitution; (3) Direct that the defendant be incarcerated until the unpaid fine and/or restitution, or any portion thereof, is paid, subject, however, to section (i) of this rule; (4) Order an employer to withhold amounts from wages to pay fines and/or restitution; or (5) Release the defendant from obligation to pay the fine.
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Alabama | Ala.Code 1975 § 12-23-7 | Drug testing program |
Any person who fails to complete treatment and pay for it shall be charged with violation of probation or parole; provided, however, that indigents shall not be required to pay for treatment or monitoring provided by court referral officers.
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All | Not provided for | Not provided for | Not provided for | Not provided for | Yes | Not provided for |
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Alabama | Ala.Code 1975 § 12-17-226.8(c) | Pretrial diversion program: Assessment of administrative fee; indigence; use of funds. |
c)(1) An applicant may not be denied access into the pretrial diversion program based solely on his or her inability to pay pretrial diversion program fees. Fees established by this division may be waived or reduced for just cause, including indigency of the applicant.(2) If an offender, upon application, claims indigency, he or she shall be brought before a court of competent jurisdiction for a determination of indigency. In the event that a court determines the offender to be indigent, any fees or costs shall not be waived or remitted unless the defendant or the party responsible for paying any fees or costs proves to the reasonable satisfaction of the judge presiding or sentencing judge that the defendant or party is not capable of paying the same within the reasonably foreseeable future. In the event the offender is determined to be indigent, a periodic review of the offender's indigent status may be conducted by the court upon motion of the district attorney to determine if the offender is no longer indigent.
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All | Not provided for | At defendant's request 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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Alabama | Ala.Code 1975 § 15-12-25(a)(2) | Appointed counsel: Payment of fees by defendant. |
The court shall not order a defendant to pay the fees of court appointed counsel unless the defendant is or will be able to pay them. In determining the amount and method of payment of these fees, the court shall take into account the financial resources of the defendant and the nature of the burden that payment of the fees will impose. A defendant who has been ordered to pay the fees of court appointed counsel and who is not in contumacious default in the payment thereof may at any time petition the court which sentenced him or her for remission of the payment of these fees or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the immediate family of the defendant, the court may remit all or part of the amount due in fees or modify the method of payment.
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All |
"manifest hardship" |
Before imposition of fine or fee | Not provided for | Not provided for | No |
The court may remit all or part of the amount due in fees or modify the method of payment. |
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Alabama | Ala. Code 1975 §15-18-68(a)(1) | Restitution to victims of crimes: Determination of amount |
(a) In determining the manner, method, or amount of restitution to be ordered, the court may take into consideration all of the following: (1) The financial resources of the defendant and the victim and the burden that the manner or method of restitution will impose upon the victim or the defendant.
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All |
Not provided for |
Not provided for | Not provided for | Not provided for | No |
Not provided for |
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Alabama | Ala. Code 1975 §15-27-12 | Expungement of records: Payment in full required |
No order of expungement shall be granted unless all terms and conditions, including court ordered restitution, are satisfied and paid in full, including interest, to any victim, or the Alabama Crime Victim’s Compensation Commission, as well as court costs, fines, or statutory fees ordered by the sentencing court to have been paid, absent a finding of indigency by the court.
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All |
Indigency |
Not provided for | Not provided for | Administrative decision | No |
Not provided for |
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Alabama | Ala. Code 1975 §15-27-4(a)-(b) | Expungement of records: Administrative filling fee. |
(a) In addition to any cost of court or docket fee for filing the petition in circuit court, an administrative filing fee of three hundred dollars ($300) shall be paid at the time the petition is filed and is a condition precedent to any ruling of the court pursuant to this chapter.
(b) Notwithstanding subsection (a), a person seeking relief under this chapter may apply for indigent status by completing an Affidavit of Substantial Hardship and Order which shall be submitted with the petition. If the court finds the petitioner is indigent, the court may set forth a payment plan for the petitioner to satisfy the filing fee over a period of time, which shall be paid in full, prior to any order granting an expungement. |
All |
Indigent |
At defendant's request before imposition of fine or fee | Not provided for | Administrative decision | No |
Payment plan |
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Alabama | Ala.Code 1975 §15-22-2(a)(1) | Payment of costs of supervision. |
(a)(1) Any person who is placed on parole by the Board of Pardons and Paroles or any person who is granted probation by a court of competent jurisdiction and who is subject to supervision by the Board of Pardons and Paroles and who has an income shall be required to contribute forty dollars ($40) per month toward the cost of his or her supervision and rehabilitation beginning 30 days from the date he or she has an income. The sum shall be deducted by the parolee or probationer from his or her monthly income and delivered to the Board of Pardons and Paroles each month for deposit in the General Fund of the State Treasury. By prior agreement between an employer and employee, an employer may deduct forty dollars ($40) from the monthly net earned income of the parolee or probationer and remit the amount to the Board of Pardons and Paroles each month. The responsibility of assuring the contribution shall remain that of the parolee or probationer. Exemptions from payments required by this section may be granted for undue hardship on a case by case basis by the sentencing court in probation and the Board of Pardons and Paroles in parole cases.
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Misdemeanor, Felony |
Undue hardship |
Not provided for | Not provided for | Not provided for | Yes |
Exemption from payment |
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Alabama | Al. R. Cr. P. 26.11(b), (g) | Fines and Restitution: Imposition of Fine and Inquiry into Defendant's Ability to Pay Fine or Restitution |
(b) If the court is given authority to impose a fine, in determining whether to impose a fine, the court should consider: (1) Whether there are particular reasons which make a fine appropriate as punishment for the defendant; (2) The financial resources and obligations of the defendant and the burden that payment of a fine will impose; (3) The ability of the defendant to pay a fine forthwith on an installment basis or on other conditions to be fixed by the court; (4) The extent to which payment of a fine will interfere with the ability of the defendant to make restitution or reparation to the victim of the crime; and (5) The amount of gain derived by the defendant or loss sustained by the victim as a result of defendant's commission of the offense, which amount shall be determined by the court from evidence presented at the sentence hearing if not stipulated by the parties.
(g) If a defendant fails to pay a fine or restitution as directed, the court may inquire and cause an investigation to be made into the defendant's financial, employment, and family standing, and the reasons for nonpayment of the fine and/or restitution, including whether nonpayment of the fine and/or restitution was contumacious or due to indigency.
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All |
Indigency, |
At enforcement of fine or fee | Not provided for | Not provided for | No |
(h) REMEDIES FOR NONPAYMENT OF FINE OR RESTITUTION. If the defendant fails to pay a fine and/or restitution, the court may: (1) Reduce the fine to an amount the defendant is able to pay; (2) Continue or modify the schedule of payments of the fine and/or restitution; (3) Direct that the defendant be incarcerated until the unpaid fine and/or restitution, or any portion thereof, is paid, subject, however, to section (i) of this rule; (4) Order an employer to withhold amounts from wages to pay fines and/or restitution; or (5) Release the defendant from obligation to pay the fine.
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Indiana | Burns Ind. Code Ann. § 33-37-2-3 | Indigency Hearing — Suspension of Costs — Default — Fees for Representation — Rights and Protections |
(a) Except as provided in subsection (b), when the court imposes costs, it shall conduct a hearing to determine whether the convicted person is indigent. If the person is not indigent, the court shall order the person to pay:(1) the entire amount of the costs at the time sentence is pronounced; (2) the entire amount of the costs at some later date; or (3) specified parts of the costs at designated intervals. (b) A court may impose costs and suspend payment of all or part of the costs until the convicted person has completed all or part of the sentence. If the court suspends payment of the costs, the court shall conduct a hearing at the time the costs are due to determine whether the convicted person is indigent. If the convicted person is not indigent, the court shall order the convicted person to pay the costs: (1) at the time the costs are due; or (2) in a manner set forth in subsection (a)(2) through (a)(3). ... (d) Upon any default in the payment of the costs: (1) an attorney representing the county may bring an action on a debt for the unpaid amount; (2) the court may direct that the person, if the person is not indigent, be committed to the county jail and credited toward payment at the rate of twenty dollars ($20) for each twenty-four (24) hour period the person is confined, until the amount paid plus the amount credited equals the entire amount due; or (3) the court may institute contempt proceedings to enforce the court's order for payment of the costs. (e) If, after a hearing under subsection (a) or (b), the court determines that a convicted person is able to pay part of the costs of representation, the court shall order the person to pay an amount of not more than the cost of the defense services rendered on behalf of the person. The clerk shall deposit the amount paid by a convicted person under this subsection in the county’s supplemental public defender services fund established under IC 33-40-3-1.
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All |
Indigency. |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | Yes |
The court may suspend the costs. |
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Indiana | Burns Ind. Code Ann. § 35-33-8-3.3 (b) | Pretrial Services Fees |
(b) If a defendant who has a prior unrelated conviction for any offense is charged with a new offense and placed under the supervision of a probation officer or pretrial services agency, the court may order the defendant to pay the pretrial services fee prescribed under subsection (e) if: (1) the defendant has the financial ability to pay the fee; and (2) the court finds by clear and convincing evidence that supervision by a probation officer or pretrial services agency is necessary to ensure the: (A) defendant's appearance in court; or (B) physical safety of the community or of another person.
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All |
"Defendant has the financial ability to pay the fee." |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | Yes | Not provided for |
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Indiana | Burns Ind. Code Ann. § 35-33-7-6 (a);(c) | Determination of Indigency — Assignment of Counsel — Payment of Fees — Review of Findings |
(a) Prior to the completion of the initial hearing, the judicial officer shall determine whether a person who requests assigned counsel is indigent. If the person is found to be indigent, the judicial officer shall assign counsel to the person. ... (c) If the court finds that the person is able to pay part of the cost of representation by the assigned counsel, the court shall order the person to pay the following:(1) For a felony action, a fee of one hundred dollars ($100). (2) For a misdemeanor action, a fee of fifty dollars ($50). The clerk of the court shall deposit fees collected under this subsection in the county's supplemental public defender services fund established under Ind. Code § 33-40-3-1 .
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All |
Indigency. |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | Yes |
The individual may be assigned counsel. |
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Indiana | Burns Ind. Code Ann. § 9-30-9-8 | Alcohol Abuse Deterrent Program Fee or Medical Fee |
(a) The court shall order a defendant participating in a program under this chapter to pay an alcohol abuse deterrent program fee or a medical fee, or both, unless the court determines that the defendant is indigent.
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Felony |
"Indigent." |
Before imposition of fine or fee | Not provided for | Not provided for | No | Not provided for |
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Indiana | Burns Ind. Code Ann. § 33-37-3-3 (c);(d) | Actions Commenced by Person Confined by Department of Corrections |
(c) If the offender claims exceptional circumstances that render the offender unable to pay the partial filing fee required by this section, in addition to the statement required by section 2 of this chapter and the statement of account required by subsection (a), the offender shall submit an affidavit of special circumstances setting forth the reasons and circumstances that justify relief from the partial filing fee requirement; (d) If the court approves the application to waive all fees, the court shall give written notice to the offender that all fees and costs relating to the filing and service will be waived. If the court denies the application to waive all fees, the court shall give written notice to the offender that the offender’s case will be dismissed if the partial filing fee is not paid not later than forty-five (45) days after the date of the order, or within an additional period that the court may, upon request, allow. Process concerning the offender’s case may not be served until the fee is paid.
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All |
"The offender claims exceptional circumstances." |
Not provided for | Burden on defendant to show inability to pay | Not provided for | No |
The court may award a partial filing fee or may waive all fees. |
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Indiana | Burns Ind. Code Ann. § 33-37-3-2 (a)(1) | Right to Bring Action Without Paying Fees |
(a) Except as provided in subsection (b), a person entitled to bring a civil action or to petition for the appointment of a guardian under IC 29-3-5 may do so without paying the required fees or other court costs if the person files a statement in court, under oath and in writing: (1) declaring that the person is unable to make the payments or to give security for the payments because of the person’s indigency.
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All |
"The person is unable to make the payments or to give security for the payments because of the person’s indigency." |
Not provided for | Burden on defendant to show inability to pay | Not provided for | No | Not provided for |
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Indiana | Burns Ind. Code Ann. § 33-37-5-9 (c) | Drug Abuse, Prosecution, Interdiction, and Correction Fee |
In determining the amount of the drug abuse, prosecution, interdiction, and correction fee assessed against a person under subsection (b), a court shall consider the person's ability to pay the fee.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes | Not provided for |
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Indiana | Burns Ind. Code Ann. § 33-37-5-22 (a)(3);(d) | Late Payment Fees - Local Rule |
(a) Except as provided in subsections (e) and (f), this section applies to an action if all the following apply:… (3) The defendant is not determined by the court imposing the court costs, fine, or civil penalty to be indigent.; (d) Notwithstanding IC 33-37-2-2, a court may suspend a late payment fee if the court finds that the defendant has demonstrated good cause for failure to make a timely payment of court costs, a fine, or a civil penalty.
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All |
"Indigent." |
Before imposition of fine or fee | Not provided for | Not provided for | No |
"A court may suspend a late payment fee if the court finds that the defendant has demonstrated good cause for failure to make a timely payment of court costs, a fine, or a civil penalty."
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The Criminal Justice Debt Reform Builder is a project of the National Criminal Justice Debt Initiative of the Criminal Justice Policy Program at Harvard Law School in collaboration with the Berkman Klein Center for Internet & Society at Harvard University and with user experience design by metaLAB (at) Harvard.
For more information, please visit cjpp.law.harvard.edu.