50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Ability to Pay
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- Alabama (12)
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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.
25 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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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 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.
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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 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.
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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 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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All |
"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 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.
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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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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 municipality shall pay for the services of the attorney appointed by the court to defend the indigent person.
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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. At a minimum, the prisoner shall be required to pay a portion of the costs based upon the prisoner’s ability to pay.
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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 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.
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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 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.
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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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Texas | Tex. Code Crim. Proc. Art. 37.073 | Repayment of Rewards |
(a) After a defendant has been convicted of a felony offense, the judge may order a defendant to pay a fine repaying all or part of a reward paid by a crime stoppers organization.
(b) In determining whether the defendant must repay the reward or part of the reward, the court shall consider: (1) the ability of the defendant to make the payment and the financial hardship on the defendant to make the required payment; and (2) the importance of the information to the prosecution of the defendant as provided by the arresting officer or the attorney for the state with due regard for the confidentiality of the crime stoppers organization records. |
Felony |
Not provided for |
Before imposition of fine or fee | Not provided for | Other | Yes |
Nonpayment or partial payment/ |
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Texas | Tex. Code Crim. Proc. Art. 42A.452 | Treatment, Specialized Supervision, or Rehabilitation |
On a finding that the defendant is financially able to make payment, the judge shall require the defendant to pay a reimbursement fee for all or part of the reasonable and necessary costs of the treatment, supervision, or rehabilitation.
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Felony |
Not provided for |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
None specified |
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Texas | Tex. Code Crim. Proc. Art. 42A.408(f) | Use of Ignition Interlock Device |
If the court determines the defendant is unable to pay for the ignition interlock device, the court may impose a reasonable payment schedule not to exceed twice the length of the period of the court’s order.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Not provided for | No |
Reasonable payment schedule |
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Texas | Tex. Code Crim. Proc. Art. 42A.303(f) | Substance Abuse Felony Program |
In establishing the amount of a fee under Subsection (d)(2), the judge shall consider fines, fees, and other necessary expenses for which the defendant is obligated. The judge may not: (1) establish the fee in an amount that is greater than 25 percent of the defendant's gross income while the defendant is a participant in residential aftercare; or (2) require the defendant to pay the fee at any time other than a time at which the defendant is both employed and a participant in residential aftercare.
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All |
N/A |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
N/A |
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Texas | Tex. Code Crim. Proc. Art. 102.020(j) | Costs Related to DNA Testing [Repealed Effective January 1, 2020] |
The court may waive the imposition of a court cost under this article if the court determines that the defendant is indigent and unable to pay the cost. |
All |
Indigent and unable to pay the cost |
Before imposition of fine or fee | Not provided for | Not provided for | No |
Not provided for |
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Texas | Tex. Code Crim. Proc. Art. 102.018(b) | Reimbursement Fees and Expenses Attendant to Intoxication Convictions |
Except as provided by Subsection (d), on conviction of an offense relating to the driving or operating of a motor vehicle punishable under Section 49.04(b), Penal Code, the court shall impose as a reimbursement fee on the defendant an amount that is equal to the reimbursement fee of an evaluation of the defendant performed under Article 42A.402(a). Reimbursement fees imposed under this subsection are in addition to other court costs and are due whether or not the defendant is granted community supervision in the case, except that if the court determines that the defendant is indigent and unable to pay the fee, the court may waive the imposition of the fee
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Not provided for | No |
Fee waiver |
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Texas | Tex. Code Crim. Proc. Art. 43.03(c) | Payment of Fine |
A court may not order a defendant confined under Subsection (a) of this article unless the court at a hearing makes a written determination that:(1) the defendant is not indigent and has failed to make a good faith effort to discharge the fines and costs; or (2) the defendant is indigent and: (A) has failed to make a good faith effort to discharge the fines and costs under Article 43.09(f); and (B) could have discharged the fines and costs under Article 43.09 without experiencing any undue hardship.
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All |
For the purpose of establishing a right to representation by counsel, “indigent” means a person who is not financially able to employ counsel: Tex. Code Crim. Proc. art. 1.051. |
At enforcement of fine or fee | Not provided for | Determined by judge after hearing | Yes |
None specified |
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Texas | Tex. Code Crim. Proc. Art. 42A.751(i) | Violation of Conditions of Community Supervision; Detention and Hearing |
(i) In a revocation hearing at which it is alleged only that the defendant violated the conditions of community supervision by failing to pay compensation paid to appointed counsel, community supervision fees, or court costs, the state must prove by a preponderance of the evidence that the defendant was able to pay and did not pay as ordered by the judge.
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All |
Not provided for |
At enforcement of fine or fee | Burden on government to show ability to pay | Determined by judge after hearing | Yes |
None specified |
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Texas | Tex. Code Crim. Proc. Art. 26.05(g) | Compensation of Counsel Appointed to Defend |
If the judge determines that a defendant has financial resources that enable the defendant to offset in part or in whole the costs of the legal services provided to the defendant in accordance with Article 1.051(c) or (d), including any expenses and costs, the judge shall order the defendant to pay during the pendency of the charges or, if convicted, as a reimbursement fee the amount that the judge finds the defendant is able to pay.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
Pay only attorney fee that defendant can afford to pay. |
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Texas | Tex. Code Crim. Proc. art. 42.038(c)-(d) | Reimbursement for Confinement Expenses |
(c) A judge may not require reimbursement under this article if the judge determines the defendant is indigent based on the defendant’s sworn statement or affidavit filed with the court. A court that requires reimbursement under this article may require the defendant to reimburse the county only for those days the defendant is confined after the date of conviction or on which a plea of guilty or nolo contendere was entered. The court may not require a defendant to reimburse the county for those days the defendant was confined after arrest and before the date of conviction or on which the plea of guilty or nolo contendere was entered.
(d) The court, in determining whether to order reimbursement under this article, shall consider: (1) the defendant’s employment status, earning ability, and financial resources; and (2) any other special circumstances that may affect the defendant’s ability to pay, including child support obligations and including any financial responsibilities owed by the defendant to dependents or restitution payments owed by the defendant to a victim. |
Misdemeanor |
The defendant’s employment status, earning ability, and financial resources; and any other special circumstances that may affect the defendant’s ability to pay, including child support obligations and including any financial responsibilities owed by the defendant to dependents or restitution payments owed by the defendant to a victim.
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Before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge without hearing | No |
May not require reimbursement. |
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Texas | Tex. Code Crim. Proc. Art. 42A.652(b) | Monthly Reimbursement Fee |
The judge may make payment of the monthly reimbursement fee a condition of granting or continuing the community supervision. The judge may waive or reduce the reimbursement fee or suspend a monthly payment of the fee if the judge determines that payment of the reimbursement fee would cause the defendant a significant financial hardship.
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All |
"significant financial hardship" |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Waive or reduce the reimbursement fee or suspend a monthly payment of the fee |
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Texas | Tex. Code Crim. Proc. Art. 42.037(h) | Restitution |
(h) If a defendant is placed on community supervision or is paroled or released on mandatory supervision, the court or the parole panel shall order the payment of restitution ordered under this article as a condition of community supervision, parole, or mandatory supervision. The court may revoke community supervision and the parole panel may revoke parole or mandatory supervision if the defendant fails to comply with the order. In determining whether to revoke community supervision, parole, or mandatory supervision, the court or parole panel shall consider:
(1) the defendant’s employment status; (2) the defendant’s current and future earning ability; (3) the defendant’s current and future financial resources; (4) the willfulness of the defendant’s failure to pay; (5) any other special circumstances that may affect the defendant’s ability to pay; and (6) the victim’s financial resources or ability to pay expenses incurred by the victim as a result of the offense. |
All |
Consideration of the defendant’s employment status; the defendant’s current and future earning ability; the defendant’s current and future financial resources; the willfulness of the defendant’s failure to pay; any other special circumstances that may affect the defendant’s ability to pay; and the victim’s financial resources or ability to pay expenses incurred by the victim as a result of the offense.
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At enforcement of fine or fee | Not provided for | Not provided for | No |
Will not revoke community supervision, parole, or mandatory supervision for failure to pay restitution as a condition. |
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.