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	New Mexico	N.M. Stat. Ann. § 31-20-6	Conditions of order deferring or suspending sentence	The defendant upon conviction shall be required to pay the actual costs of the defendant’s supervised probation service to the adult probation and parole division of the corrections department or + See more appropriate responsible agency for deposit to the corrections department intensive supervision fund not exceeding one thousand eight hundred dollars ($1,800) annually to be paid in monthly installments of not less than twenty-five dollars ($25.00) and not more than one hundred fifty dollars ($150), as set by the appropriate district supervisor of the adult probation and parole division, based upon the financial circumstances of the defendant. The defendant’s payment of the supervised probation costs shall not be waived unless the court holds an evidentiary hearing and finds that the defendant is unable to pay the costs. If the court waives the defendant’s payment of the supervised probation costs and the defendant’s financial circumstances subsequently change so that the defendant is able to pay the costs, the appropriate district supervisor of the adult probation and parole division shall advise the court and the court shall hold an evidentiary hearing to determine whether the waiver should be rescinded.	All	Not provided for	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	No	Fee waiver
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-16-7	Recovery from defendant	A. The district attorney may, on behalf of the state, recover payment or reimbursement, as the case may be, from each person who has received legal assistance or another benefit + See more under the Indigent Defense Act: (1) to which he was not entitled; (2) with respect to which he was not a needy person when he received it; or (3) with respect to which he has failed to make the certificate required by Section 62 B of the Indigent Defense Act and for which he refuses to pay. Suit must be brought within six years after the date on which the aid was received. B. The district attorney may, on behalf of the state, recover payment or reimbursement, as the case may be, from each person other than a person covered by SMayubsection A who has received legal assistance under the Indigent Defense Act and who, on the date on which suit is brought, is financially able to pay or reimburse the state for it according to the standards of ability to pay applicable under the Indigent Defense Act but refuses to do so. Suit must be brought within three years after the date on which the benefit was received.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	No	May not recover payment or reimbursement.
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-12-3(D)	Paying fines, fees, or costs in installments	If it appears that a defendant's default in the payment of a fine, fees or costs is not contumacious, the court may allow the defendant additional time for payment, reduce + See more the amount of the fine or of each installment, revoke the fine or the unpaid portion in whole or in part or require the defendant to perform community service in lieu of the fine, fees or costs.	All	Default not "contumacious"	At enforcement of fine or fee	Not provided for	Determined by judge without hearing	No	Additional time for payment, reduce the amount of the fine or of each installment, revoke the fine or the unpaid portion in whole or in part, or require the defendant to + See more perform community service in lieu payment.
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-12-3(A)	Paying fines, fees, or costs in installments	Any person sentenced to pay a fine or to pay fees and costs in any criminal proceeding against him, either in addition to or without a term of imprisonment, may + See more in the discretion of the court be allowed to pay such fine, fees or costs in installments of such amounts, at such times and upon such conditions as the court may fix. The defendant may also be required to serve a period of time in labor to be known as “community service” in lieu of all or part of the fine. If unable to pay the fees or costs, he may be granted permission to perform community service in lieu of them as well . . .	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Community service in lieu of payment.
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-16-5(B)-(C)	Determination of indigency	B. In determining whether a person is a needy person and the extent of his inability to pay, the court concerned may consider such factors as income, property owned, outstanding obligations + See more and the number and ages of his dependents. Release on bail does not necessarily prevent him from being a needy person. In each case, the person shall, subject to the penalties for perjury, certify in writing or by other record material factors relating to his ability to pay as the court prescribes. C. To the extent that a person covered by Section 60 [31-16-3 NMSA 1978] of the Indigent Defense Act 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.	All	Factors considered: income, property owned, outstanding obligations and number and age of dependents	Not provided for	Not provided for	Determined by judge without hearing	Yes	Representation provided without costs
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-15-12(C)	Explanation of rights; waiver of counsel; application fee; indigency determination	A person shall pay a non-refundable application fee of ten dollars ($10.00) at the time the person applies with the public defender for representation. The fee shall be deposited in + See more the public defender automation fund. The public defender shall determine if the person is indigent and unable to pay the fee, subject to review by the court. When the person remains in custody and is unable to pay the fee, the court may waive payment of the fee.	All	Not provided for	Before imposition of fine or fee	Not provided for	Other	No	Fee waiver
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 30-18-1.2(C)-(D)	Disposition of seized animals	C. An agent of the New Mexico livestock board, an animal control agency operated by the state, a county or a municipality, or an animal shelter or other animal welfare + See more organization designated by an animal control agency or an animal shelter, in the custody of which an animal that has been cruelly treated has been placed may petition the court to request that the animal's owner may be ordered to post security with the court to indemnify the costs incurred to care and provide for the seized animal pending the disposition of any criminal charges of committing cruelty to animals pending against the animal's owner. D. The court shall determine the amount of security while taking into consideration all of the circumstances of the case including the owner’s ability to pay, and may conduct periodic reviews of its order. If the posting of security is ordered, the animal control agency, animal shelter or animal welfare organization may, with permission of the court, draw from the security to indemnify the costs incurred to care and provide for the seized animal pending disposition of the criminal charges.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	N/A
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-1A-2(J)	Procedures for post-conviction consideration of DNA evidence; requirements	The cost of DNA testing ordered pursuant to this section shall be borne by the state or the petitioner, as the district court may order in the interest of justice. + See more Provided, that a petitioner shall not be denied DNA testing because of the petitioner's inability to pay for the cost of DNA testing.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Cost paid by state.
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-17-1(B)	Victim restitution	If the defendant is currently unable to make any restitution but there is a reasonable possibility that the defendant may be able to do so at some time during his + See more probation or parole period, the plan of restitution shall also state the conditions under which or the event after which the defendant will make restitution. If the defendant believes that he will not be able to make any restitution, he shall so state and shall specify the reasons.	All	Unable to make restituion.	Before imposition of fine or fee	Burden on defendant to show inability to pay	Not provided for	No	N/A
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-20-6	Conditions of order deferring or suspending sentence	The magistrate, metropolitan or district court shall attach to its order deferring or suspending sentence reasonable conditions as it may deem necessary to ensure that the defendant will observe the + See more laws of the United States and the various states and the ordinances of any municipality . . . The defendant upon conviction shall be required to pay the actual costs of the defendant's supervised probation service to the adult probation and parole division of the corrections department or appropriate responsible agency for deposit to the corrections department intensive supervision fund not exceeding one thousand eight hundred dollars ($1,800) annually to be paid in monthly installments of not less than twenty-five dollars ($25.00) and not more than one hundred fifty dollars ($150), as set by the appropriate district supervisor of the adult probation and parole division, based upon the financial circumstances of the defendant. The defendant's payment of the supervised probation costs shall not be waived unless the court holds an evidentiary hearing and finds that the defendant is unable to pay the costs. If the court waives the defendant's payment of the supervised probation costs and the defendant's financial circumstances subsequently change so that the defendant is able to pay the costs, the appropriate district supervisor of the adult probation and parole division shall advise the court and the court shall hold an evidentiary hearing to determine whether the waiver should be rescinded.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	No	Fee waiver
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-21-10(G)(1)	Parole authority and procedure	G. Pursuant to the provisions of Section 31-18-15 NMSA 1978, the board shall require the inmate as a condition of parole: (1) to pay the actual costs of parole services + See more to the adult probation and parole division of the corrections department for deposit to the corrections department intensive supervision fund not exceeding one thousand eight hundred dollars ($1,800) annually to be paid in monthly installments of not less than twenty-five dollars ($25.00) and not more than one hundred fifty dollars ($150), as set by the appropriate district supervisor of the adult probation and parole division, based upon the financial circumstances of the defendant. The defendant's payment of the supervised parole costs shall not be waived unless the board holds an evidentiary hearing and finds that the defendant is unable to pay the costs. If the board waives the defendant's payment of the supervised parole costs and the defendant's financial circumstances subsequently change so that the defendant is able to pay the costs, the appropriate district supervisor of the adult probation and parole division shall advise the board and the board shall hold an evidentiary hearing to determine whether the waiver should be rescinded.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	No	Fee waiver
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 33-9-3	Community corrections grant fund; established; co-payments	A. There is created in the state treasury a special fund to be known as the “community corrections grant fund”. All money appropriated to the fund or accruing to it + See more as a result of gift, deposit, investments or other sources shall not be transferred to another fund or encumbered or disbursed in any manner except as provided in the Adult Community Corrections Act. The fund shall be for the purpose of providing programs and services for the diversion of criminal offenders to community-based settings. B. The department shall require criminal offenders who participate in a program and who receive services to make a co-payment to offset the cost of the services. The amount of the co-payment shall be based upon the offender's ability to pay. The department shall collect the co-payments and on a monthly basis deliver them to the state treasurer for deposit in the community corrections grant fund.	All	Not provided for	Before imposition of fine or fee	Not provided for	Administrative decision	No	Copayment sent based on ability to pay.

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