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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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

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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.

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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

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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
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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

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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.

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"Unable to pay the surcharge."

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

Community Service

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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

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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
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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

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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.

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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.

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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.

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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

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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
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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

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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.

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Oregon Or. Rev. Stat. § 161.645 Ability to pay -- prior to imposition of fine
In determining whether to impose a fine and its amount, the court shall consider: (1) The financial resources of the defendant and the burden that payment of a fine will impose,
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with due regard to the other obligations of the defendant; and (2) The ability of the defendant to pay a fine on an installment basis or on other conditions to be fixed by the court. [1971 c.743 §78]
All

(1) The financial resources of the defendant and the burden that payment of a fine will impose, with due regard to the other obligations of the defendant; and
(2) The

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ability of the defendant to pay a fine on an installment basis or on other conditions to be fixed by the court. [1971 c.743 §78]

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

Payment plan

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Oregon Or. Rev. Stat. § 135.050(1) Eligibility for court-appointed counsel; financial statement; termination; civil liability

(1) Suitable counsel for a defendant shall be appointed by a municipal, county or justice court if:(a) The defendant is before a court on a matter described in subsection (5)

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of this section; (b) The defendant requests aid of counsel; (c) The defendant provides to the court a written and verified financial statement; and (d) It appears to the court that the defendant is financially unable to retain adequate representation without substantial hardship in providing basic economic necessities to the defendant or the defendants dependent family.

All

Substantial hardship in providing basic economic necessities to the defendant or the defendants' dependent family

Not provided for Not provided for Determined by judge after hearing Yes

N/A

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Oregon Or. Rev. Stat. § 135.050(2) Eligibility for court-appointed counsel; financial statement; termination; civil liability

(2) Suitable counsel for a defendant shall be appointed by a circuit court if: (a) The defendant is before the court on a matter described in subsection (5) of this

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section; (b) The defendant requests aid of counsel; (c) The defendant provides to the court a written and verified financial statement; and (d)(A) The defendant is determined to be financially eligible under ORS 151.485 (Financial eligibility) and the standards established by the Public Defense Services Commission under ORS 151.216 (Duties); or (B) The court finds, on the record, substantial and compelling reasons why the defendant is financially unable to retain adequate representation without substantial hardship in providing basic economic necessities to the defendant or the defendants dependent family despite the fact that the defendant does not meet the financial eligibility standards established by the commission.

All

Substantial hardship in providing basic economic necessities to the defendant or the defendants dependent family despite the fact that the defendant does not meet the financial eligibility standards established by

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the commission.

Not provided for Not provided for Determined by judge after hearing Yes

N/A

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Oregon Or. Rev. Stat. § 151.485(1)-(2) Financial eligibility; determination; financial statement; termination of appointed counsel

(1) For purposes of determining the financial eligibility for appointed counsel of persons with a constitutional or statutory right to counsel in matters before the state courts and whose counsel

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is authorized to be paid by the public defense services executive director under ORS 151.219 (Public defense services executive director), a person is financially eligible for appointed counsel if the person is determined to be financially unable to retain adequate counsel without substantial hardship in providing basic economic necessities to the person or the persons dependent family under standards established by the Public Defense Services Commission under ORS 151.216.

(2) A determination of financial eligibility shall be made upon the basis of information contained in a detailed financial statement submitted by the person for whom counsel is requested or appointed or, in an appropriate case, by the persons parent, guardian or custodian. The financial statement shall be in the form prescribed by the Public Defense Services Commission. The form shall contain a full disclosure of all assets, liabilities, current income, dependents and other information required by ORS 135.050 (4) and, in addition, any information required by the commission and state courts as necessary to determine eligibility. The commission shall adopt uniform statewide guidelines and procedures that prescribe how to use the form and determine financial eligibility for appointed counsel.

All

Substantial hardship in providing basic economic necessities to the person or the persons dependent family under standards established by the Public Defense Services Commission under ORS 151.216.

Not provided for Not provided for Determined by judge after hearing Yes

N/A

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Oregon Or. Rev. Stat. § 137.106(4)(a) Restitution to victims; objections by defendant

If a judgment or supplemental judgment described in subsection (1) of this section includes restitution, a court may delay the enforcement of the monetary sanctions, including restitution, only if the

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defendant alleges and establishes to the satisfaction of the court the defendants inability to pay the judgment in full at the time the judgment is entered. If the court finds that the defendant is unable to pay, the court may establish or allow an appropriate supervising authority to establish a payment schedule, taking into consideration the financial resources of the defendant and the burden that payment of restitution will impose, with due regard to the other obligations of the defendant. The supervising authority shall be authorized to modify any payment schedule established under this section.

All

Not provided for

At defendant's request at enforcement Burden on defendant to show inability to pay Determined by judge after hearing No

Payment Plan

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Oregon Or. Rev. Stat. § 137.286(3) Minimum fines for misdemeanors and felonies

A court may waive payment of the minimum fine established by this section, in whole or in part, if the court finds that requiring payment of the minimum fine would

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be inconsistent with justice in the case. In making its determination under this subsection, the court shall consider: (a) The financial resources of the defendant and the burden that payment of the minimum fine will impose, with due regard to the other obligations of the defendant; and (b) The extent to which that burden can be alleviated by allowing the defendant to pay the monetary obligations imposed by the court on an installment basis or on other conditions to be fixed by the court.

Misdemeanor, Felony

Inconsistent with justice in the case; the financial resources of the defendant and the burden that payment of the minimum fine will impose, with due regard to the other obligations

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of the defendant; and the extent to which that burden can be alleviated by allowing the defendant to pay the monetary obligations imposed by the court on an installment basis or on other conditions to be fixed by the court.

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

Fine waiver in whole or in part.

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Oregon Or. Rev. Stat. § 161.665(4)-(5) Costs

(4) The court may not sentence a defendant to pay costs under this section unless the defendant is or may be able to pay them. In determining the amount and method

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of payment of costs, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose.

(5) A defendant who has been sentenced to pay costs under this section and who is not in contumacious default in the payment of costs may at any time petition the court that sentenced the defendant for remission of the payment of costs or of any unpaid portion of costs. 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 enter a supplemental judgment that remits all or part of the amount due in costs, or modifies the method of payment under ORS 161.675.

All

Financial resources of the defendant and the nature of the burden that payment of costs will impose; amount due will impose manifest hardship on the defendant or the immediate family

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of the defendant

At defendant's request at enforcement Not provided for Determined by judge without hearing No

Cost not imposed; modifies method of payment or remission of payment.

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Oregon Or. Rev. Stat. § 151.505(3) Authority of court to order repayment of costs related to provision of appointed counsel

The court may not require a person to pay costs under this section unless the person is or may be able to pay the costs. In determining the amount and

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method of payment of costs, the court shall take account of the financial resources of the person and the nature of the burden that payment of costs will impose.

All

Financial resources of the person and the nature of the burden that payment of costs will impose

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

Costs not imposed

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Oregon Or. Rev. Stat. § 423.570(6) Monthly fee payable by person on supervised release; use; payment as condition of release; waiver

In cases of financial hardship or when otherwise advisable in the interest of the released person's rehabilitation: (a) The community corrections manager may waive or reduce the amount of the

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fee. (b) The sentencing court may waive or reduce the amount of the fee for any person whom the court has sentenced to probation. If any of the fee requirement is reduced by the court, only the court may restore the requirement.

All

Financial hardship

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

Waive or reduce amount of the fee

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Oregon Or. Rev. Stat. § 179.640 Determination of ability to pay; rules; financial information; notice; order; hearing; appeal.

(1)(a) The Department of Corrections and the Oregon Health Authority shall establish rules for determining ability to pay for persons in their respective institutions. The rules adopted by each agency

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shall require, in addition to other relevant factors, consideration of the personal estate, the person’s need for funds for personal support after release, and the availability of third-party benefits such as, but not limited to, Medicare or private insurance. Each agency may also consider the probable length of stay at the state institution. Nothing in this section requires the Department of Corrections to investigate a person’s ability to pay or to issue an ability-to-pay order. (b) When adopting rules under paragraph (a) of this subsection, the Department of Corrections shall consider the person’s needs for funds to pay for the support of the person’s children and to pay any monetary obligations imposed on the person as a result of the person’s conviction.

(2) In determining a person’s ability to pay, none of the agencies may consider as part of the personal estate of the person or the decedent’s estate: (a) Any assets received by or owing to the person and the personal estate of the person, or the decedent’s estate, as compensation from the state for injury, death or, if the collection is being made by the Department of Corrections, the false imprisonment of the person that occurred when the person was in a state institution listed in ORS 179.321 (Responsibility to supervise state institutions) and for which the state admits liability or is found liable through adjudication; and (b) Any real or personal property that the person or an authorized representative of the person can demonstrate was purchased solely with assets referred to in paragraph (a) of this subsection or partially with such assets, to the extent such assets were used in the purchase.

(3) A person and the authorized representative of the person, if any, shall provide all financial information requested by the agency that is necessary to determine the person’s ability to pay. To determine ability to pay, the agency may use any information available to the agency, including information provided by the Department of Revenue from personal income tax returns pursuant to ORS 314.840 (Disclosure of information). Upon request, the Department of Revenue shall release copies of tax returns to the agency. When the person or the person’s authorized representative fails to provide evidence to demonstrate an inability to pay full cost of care, the agency may determine the person has the ability to pay the full cost of care.

(4) The agency shall provide actual notice to the person and any authorized representative, if known to the agency, of its determination by issuing an ability-to-pay order. The order shall state the person’s full liability and the person’s determined ability to pay. Actual notice means receipt by the person and the authorized representative of notice. The notice shall include a copy of the ability-to-pay order, a description of the person’s appeal rights and the date upon which appeal rights terminate and state the address where a request for hearing may be mailed or delivered. At any time, the agency may reissue an ability-to-pay order to notify an authorized representative as provided by ORS 179.653 (Unpaid costs as lien on property) (4).

(5) At any time during the person’s stay at the state institution or within 36 months from the date the person is released, if the agency receives new financial information that shows a change in the person’s financial circumstances, the agency shall consider the changed circumstances and issue a new ability-to-pay order.

(6) Orders issued after the person is released may not require the person to make payments toward the cost of care for more than 36 consecutive months following release. However, the agency may collect beyond the 36-month period any payments that became due but were not paid within the 36 months following release. Any remaining balance of full cost of care shall be collected as provided in ORS 179.740 (Collection from estates).

(7) Notwithstanding ORS 183.315 (Application of provisions of chapter to certain agencies) (5), if a person or authorized representative disagrees with any ability-to-pay order issued pursuant to this section, the person or authorized representative may request a contested case hearing. To the extent practical, the hearing will be held at a location convenient to the person or the authorized representative. The request must be postmarked within 60 days from the date of the mailing of the ability-to-pay order. If the person or the authorized representative makes a timely request for a contested case hearing, the hearing and any appeal of the final hearing order shall be governed by ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.497 (Awarding costs and attorney fees when finding for petitioner). If the person or the authorized representative fails to make a timely request for a contested case hearing, the ability-to-pay order shall be final and not subject to judicial review, except as subsequently modified by the agency as provided in subsection (5) of this section.

(8) On appeal, regardless of other information presented, payment of the full cost of care may be ordered if the person or the authorized representative refuses to produce financial information that the Hearings Officer or administrative law judge determines is relevant and must be produced. [1959 c.652 §4; 1961 c.501 §2; 1967 c.549 §4; 1973 c.806 §3a; 1973 c.823 §§123,159; 1989 c.348 §3; 1997 c.170 §15; 1999 c.159 §2; 2001 c.487 §3; 2003 c.75 §86; 2009 c.595 §149; 2013 c.36 §59; 2015 c.348 §26]

All

The rules adopted by each agency shall require, in addition to other relevant factors, consideration of the personal estate, the person’s need for funds for personal support after release, and

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the availability of third-party benefits such as, but not limited to, Medicare or private insurance. Each agency may also consider the probable length of stay at the state institution. Nothing in this section requires the Department of Corrections to investigate a person’s ability to pay or to issue an ability-to-pay order. (b) When adopting rules under paragraph (a) of this subsection, the Department of Corrections shall consider the person’s needs for funds to pay for the support of the person’s children and to pay any monetary obligations imposed on the person as a result of the person’s conviction.

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

N/A

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Oregon Or. Rev. Stat. § 151.487(1),(4) Ability to pay; effect

(1) If in determining that a person is financially eligible for appointed counsel under ORS 151.485, the court finds that the person has financial resources that enable the person to pay in

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full or in part the administrative costs of determining the eligibility of the person and the costs of the legal and other services to be provided at state expense that are related to the provision of appointed counsel, the court shall enter a limited judgment requiring that the person pay to the Public Defense Services Account established by ORS 151.225, through the clerk of the court, the amount that it finds the person is able to pay without creating substantial hardship in providing basic economic necessities to the person or the person's dependent family. The amount that a court may require the person to pay is subject to the guidelines and procedures issued by the Public Defense Services Commission as provided in subsection (4) of this section.

(4) The commission shall promulgate and issue guidelines and procedures: (a) For the determination of persons provided with appointed counsel who have some financial resources to pay in full or in part the administrative, legal and other costs under subsection (1) of this section; and (b) Regarding the amounts persons may be required to pay by a court under subsection (1) of this section.

All

Amount that it finds the person is able to pay without creating substantial hardship in providing basic economic necessities to the person or the person's dependent family.

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

None specified

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Oregon Or. Rev. Stat. § 135.891(2) Required and permissive elements of diversion agreement; program fee

(2) As a condition of entering into a diversion agreement under ORS 135.881 to 135.901, the defendant must pay a program fee of $100. The court may waive all or

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part of the fee in cases involving indigent defendants, or may provide for payment of the fee on an installment basis. A fee collected under this subsection in the circuit court shall be deposited by the clerk of the court in the Criminal Fine Account. If the fee is collected in a municipal or justice court, $35 of the fee shall be forwarded by the court to the Department of Revenue for deposit in the Criminal Fine Account, and the remainder of the fee shall be paid to the city or county treasurer.

All

Indigent

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

Waive fee or provide for payment of the fee on an installment basis.