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	Delaware	10 Del. C. §8603(a)	Nonpayment of Costs	When a defendant who is required to pay the costs of defense defaults in the payment thereof or of any installment, the court on motion of the Attorney General or + See more upon its own motion may require the defendant to show cause why the default should not be treated as contempt of court, and may issue a rule or order to show cause why such default should not be treated as contempt of court, and may take such further actions as the court determines to produce the defendant before the court.	All	Not provided for	At enforcement of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Additional Time for Payment; Reducing Payment or Installment Amount; Revoking Payment in Whole or Unpaid Part.
Add to Dashboard + Create New	Delaware	10 Del. C. §8603(d)	Nonpayment of Costs	If it appears to the satisfaction of the court that the default in the payment of defense costs is not contempt, the court may enter an order allowing the defendant + See more additional time for payment, reducing the amount thereof or of each installment, or revoking such payment or the unpaid portion thereof in whole or in part.	All	Not provided for	At enforcement of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Additional Time for Payment; Reducing Payment or Installment Amount; Revoking Payment in Whole or Unpaid Part.
Add to Dashboard + Create New	Delaware	10 Del. C. §8601(d)	Recoupment of Costs	A defendant who has been required to pay the costs of defense and who is not in contumacious default in the payment thereof may at any time petition the court + See more for remission of the payment of such costs, 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 immediate family, the court may remit all or part of the amount due in costs, or modify the method of payment.	All	"Will impose manifest hardship on the defendant or immediate family."	At defendant's request at enforcement	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Remission of All or Part of Fee.
Add to Dashboard + Create New	Delaware	10 Del. C. § 8601(c)	Recoupment of Costs	The court shall not require a defendant to pay the costs of defense unless the defendant is, or will be, able to pay them. In determining the amount and method + See more of payment of such 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.	All	"The court shall take account of the financial resources of the defendant 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	Yes	Defendant Not Required to Pay.
Add to Dashboard + Create New	Maine	Me. Rev. Stat. tit 17-A § 1807(6)	Conditions of probation	The court shall attach as a condition of probation that the person pay, through the Department of Corrections, a supervision fee of between $10 and $50 per month, as determined + See more by the court, for the term of probation. If the court does not set a supervision fee, the supervision fee is $10 per month. Notwithstanding the attachment of supervision fee conditions on more than one sentence, a person on probation on concurrent sentences is required to pay only one supervision fee. In determining whether to set an amount higher than $10 per month, the court shall take into account the financial resources of the person and the nature of the burden its payment imposes. A person may not be sentenced to imprisonment without probation solely for the reason the person is not able to pay the fee.	All	financial resources and nature of burden	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	may allow additional time
Add to Dashboard + Create New	Maine	Me. Rev. Stat. tit 17-A §1807(7)	Conditions of probation	7. Electronic monitoring and substance testing fees; determination of amount by court; failure to pay; use of fees. Upon the request of the Department of Corrections, the court shall attach as + See more a condition of probation that the person pay, through the department, an electronic monitoring fee, a substance testing fee or both, as determined by the court, for the term of probation. In determining the amount of the fees, the court shall take into account the financial resources of the person and the nature of the burden the payment imposes. A person may not be sentenced to imprisonment without probation solely for the reason the person is not able to pay the fees.	All	Financial resources and nature of burden	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Reduced fine
Add to Dashboard + Create New	Maine	Me. Rev. Stat. tit 17-A §1702	Criteria for imposing sentencing alternative that includes fine	1. Consideration of financial capacity to pay and financial burden. In determining the amount of a fine, unless the fine amount is mandatory, and in determining the method of payment of + See more a fine, the court shall take into account the present and future financial capacity of the convicted person to pay the fine and the nature of the financial burden that payment of the fine will impose on the person or a dependent, if any, of the person. 2. Burden of proving financial hardship or incapacity to pay. A convicted person who asserts a present or future incapacity to pay a fine or asserts that the fine will cause an excessive financial hardship on the person or on a dependent of the person has the burden of proving the incapacity or excessive hardship by a preponderance of the evidence. On appeal of a sentencing alternative involving a fine, the person has the burden of demonstrating that the incapacity or excessive financial hardship was proven as a matter of law.	All	By preponderance of evidence that fine would cause excessive financial hardship on offender or dependent	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	No	Not provided for
Add to Dashboard + Create New	Maine	Me. Rev. Stat. tit 17-A §2005(2)(D)	Criteria for restitution	D. When the amount and method of payment of monetary restitution or the performance of service restitution creates an excessive financial hardship on the offender or dependent of the offender. + See more In making this determination, all relevant factors must be considered, including, but not limited to the following:(1) The number of the offender's dependents; (2) The minimum living expenses of the offender and the offender's dependents; (3) The special needs of the offender and the offender's dependents, including necessary travel expense to and from work; (4) The offender's present income and potential future earning capacity; and (5) The offender's resources, from whatever source.	All	excessive financial hardship on offender or dependents	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	No	Not provided for
Add to Dashboard + Create New	Maine	Me. Rev. Stat. tit 17-A §1751(1)-(2)	County jail reimbursement fee	1. Assessment of reimbursement fee. When an individual is sentenced to incarceration in a county jail, the sentencing court shall consider and may assess as part of the sentence a jail + See more reimbursement fee, referred to in this section as “the reimbursement fee,” to help defray the expenses of the individual's room and board. 2. Evidence. The court, in determining whether a reimbursement fee as set out in subsection 1 is to be assessed and in establishing the amount of that fee, shall consider evidence relevant to the individual's ability to pay that fee, including, but not limited to, the factors set forth in section 2005, subsection 2, paragraph D, subparagraphs (1) to (5). The court may not consider as evidence the following: A. Joint ownership, if any, that the individual may have in real property; B. Joint ownership, if any, that the individual may have in any assets, earnings or other sources of income; and C. The income, assets, earnings or other property, both real and personal, owned by the individual's spouse or family.	All	excessive financial hardship on offender or dependents	Not provided for	Not provided for	Determined by judge after hearing	Yes	Not provided for
Add to Dashboard + Create New	Maine	Me. Rev. Stat. tit 17-A §1854(2)(A)	Requirements of administrative release	In determining the amount of the fee, the court shall take into account the financial resources of the person and the nature of the burden its payment imposes.	All	Financial resources and nature of burden	Before imposition of fine or fee	Not provided for	Not provided for	No	Not provided for
Add to Dashboard + Create New	Maine	Me. R. of Unified Crim. P. 44(b)	Right to and Assignment of Counsel	(b) Determination of Indigency. The court shall determine whether a defendant has sufficient means with which to employ counsel and in making such determination may examine the defendant under oath concerning + See more the defendant's financial resources. A defendant does not have sufficient means with which to employ counsel if the defendant's lack of resources effectively prevents the defendant from retaining the services of competent counsel. In making its determination the court shall consider the following factors: the defendant's income, the defendant's credit standing, the availability and convertibility of any assets owned by the defendant, the living expenses of the defendant and the defendant's dependents, the defendant's outstanding obligations, the financial resources of the defendant's parents if the defendant is an unemancipated minor residing with his or her parents, and the cost of retaining the services of competent counsel.	All	sufficient means with which to employ counsel	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	Court appointed counsel free of costs
Add to Dashboard + Create New	Maine	Me. Rev. Stat. tit 17-A §1902(1)	Deferred disposition	1. Authority of court to order deferment and impose requirements; administrative supervision fee. Following the acceptance of a plea of guilty for a crime for which a person is eligible for + See more a deferred disposition under section 1901, the court may order sentencing deferred to a date certain or determinable and impose requirements upon the person, to be in effect during the period of deferment, considered by the court to be reasonable and appropriate to assist the person to lead a law-abiding life. The court-imposed deferment requirements must include a requirement that the person refrain from criminal conduct and may include a requirement that the person pay to the appropriate county an administrative supervision fee of not more than $50 per month, as determined by the court, for the term of the deferment. In determining the amount of the fee, the court shall take into account the financial resources of the person and the nature of the burden its payment imposes. In exchange for the deferred sentencing, the person shall abide by the court-imposed deferment requirements. Unless the court orders otherwise, the requirements are immediately in effect.	All	The financial resources of the person and the nature of the burden its payment imposes.	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Not provided for

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