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	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	Missouri	Mo. Ann. Stat. § 557.011	Authorized dispositions	In the event a sentence of confinement is ordered executed, a court may order that an individual serve all or any portion of such sentence on electronic monitoring; except that + See more all costs associated with the electronic monitoring shall be charged to the person on house arrest. If the judge finds the person unable to afford the costs associated with electronic monitoring, the judge may order that the person be placed on house arrest with electronic monitoring if the county commission agrees to pay the costs of such monitoring. If the person on house arrest is unable to afford the costs associated with electronic monitoring and the county commission does not agree to pay from the general revenue of the county the costs of such electronic monitoring, the judge shall not order that the person be placed on house arrest with electronic monitoring.	All	Unable to afford costs	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Payment by county
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 559.021(6)	Conditions of probation--compensation of victims--free work, public or charitable--defendant not an employee for workers’ compensation purposes--payment to county restitution fund, when	A defendant who fails to make a payment to a county law enforcement restitution fund may not have his or her probation revoked solely for failing to make such payment + See more unless the judge, after evidentiary hearing, makes a finding supported by a preponderance of the evidence that the defendant either willfully refused to make the payment or that the defendant willfully, intentionally, and purposefully failed to make sufficient bona fide efforts to acquire the resources to pay.	All	Not provided for	At enforcement of fine or fee	Burden on government to show ability to pay	Determined by judge after hearing	Yes	Probation not revoked
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 479.260(1)	Court costs and fees, judicial education fund, purpose, administration	Municipalities by ordinance may provide for fees in an amount per case to be set pursuant to sections 488.010 to 488.020 for each municipal ordinance violation case filed before a municipal judge, and in + See more the event a defendant pleads guilty or is found guilty, the judge may assess costs against the defendant except in those cases where the defendant is found by the judge to be indigent and unable to pay the costs.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Fees not assessed.
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 600.090(1)	Determination of ability to pay all or part of representation costs--lien for reasonable value of services, procedure--deposit of funds collected	If a person is determined to be eligible for the services provided by the state public defender system and if, at the time such determination is made, he is able + See more to provide a limited cash contribution toward the cost of his representation without imposing a substantial hardship upon himself or his dependents, such contribution shall be required as a condition of his representation by the state public defender system.	All	Able to provide limited cash contribution without imposing substantial hardship upon himself or his dependents.	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Payment of total costs of representation
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 558.008	Revocation of a fine	A defendant who has been sentenced to pay a fine may at any time petition the sentencing court for a revocation of a fine or any unpaid portion thereof. If + See more it appears to the satisfaction of the court that the circumstances which warranted the imposition of the fine no longer exist or that it would otherwise be unjust to require payment of the fine, the court may revoke the fine or the unpaid portion in whole or in part or may modify the method of payment.	All	Unjust to require payment	At defendant's request at enforcement	Not provided for	Not provided for	No	Revocation of fine
Add to Dashboard + Create New	Missouri	Mo. Rev. Stat. § 479.260(2)	Court costs and fees, judicial education fund, purpose, administration	In municipal ordinance violation cases which are filed in the associate circuit division of the circuit court, fees shall be assessed in each case in an amount to be set + See more pursuant to sections 488.010 to 488.020. In the event a defendant pleads guilty or is found guilty, the judge shall assess costs against the defendant except in those cases where the defendant is found by the judge to be indigent and unable to pay the costs.	All	Indigent and unable to pay the costs	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Costs not assessed.
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 558.004(1)	Imposition of fines	In determining the amount and the method of payment of a fine, the court shall, insofar as practicable, proportion the fine to the burden that payment will impose in view + See more of the financial resources of an individual. The court shall not sentence an offender to pay a fine in any amount which will prevent him or her from making restitution or reparation to the victim of the offense.	All	Financial resources and burden caused by fine.	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Fine proportional to defendant's resources
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 600.086(3),(6)	Eligibility for representation, rules to establish--indigency, how determined, procedure, appeal--false statements, penalty--investigation authorized	3. The determination of indigency of any person seeking the services of the state public defender system shall be made by the defender or anyone serving under him at any + See more stage of the proceedings. Upon motion by either party, the court in which the case is pending shall have authority to determine whether the services of the public defender may be utilized by the defendant. Upon the courts finding that the defendant is not indigent, the public defender shall no longer represent the defendant. Any such person claiming indigency shall file with the court an affidavit which shall contain the factual information required by the commission under rules which may be established by the commission in determining indigency. 6. The burden shall lie on the accused or the defendant to convince the defender or the court of his eligibility to receive legal services, in any conference, hearing or question thereon.	All	Indigent	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Representation by public defender
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 488.020	Collection of court costs, when, how	Upon notification to the party from whom the fee is due, a failure to pay the fee after such notice, and a showing of the party's ability to pay the + See more fee, the court may hold the party in contempt.	All	Not provided for	At enforcement of fine or fee	Not provided for	Not provided for	No	N/A
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 488.65	Expungement cases under section 610.140, surcharge, amount, waiver	There shall be assessed as costs a surcharge in the amount of two hundred fifty dollars on all petitions for expungement filed under the provisions of section 610.140. The judge + See more may waive the surcharge if the petitioner is found by the judge to be indigent and unable to pay the costs.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Surcharge waiver
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 549.525(1)-(2)(1),(6)	Probation services for ordinance violators, certain cities--collection of fee for supervision and rehabilitation services provided--exemption	1. Any city with a population of more than three hundred fifty thousand inhabitants which is located in more than one county which provides probation services for persons convicted of + See more its ordinance violations may collect from the person placed on probation a fee of ten dollars per month for providing supervision and rehabilitation services. 2. The court may exempt a person from all or part of the contribution required in subsection 1 of this section if it finds any of the following factors exist: (1) The offender has diligently attempted, but has been unable, to obtain employment which provides him sufficient income to make such payments; . . . (6) There are other extenuating circumstances as determined by the court to exempt or partially reduce such payments;	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Exempt or partially reduce such payments.
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 546.54	Confinement of insane persons, costs paid, how	The sheriff or other officer having the custody of persons committed to the director of the department of mental health as provided in section 552.040 shall, if he deems it necessary to + See more their safe custody, confine them to the county jail until they shall be removed to a state hospital. If all things needful be not otherwise supplied, he shall furnish them, and, in such cases, the supplies for the indigent shall be paid for by the proper county commissions out of the county treasuries; and supplies for others than the indigent shall be repaid out of their estates, and may be recovered by suit in the name of such officer.	All	Indigent	Not provided for	Not provided for	Not provided for	No	Supplies paid for by the proper county commissions.

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