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.

indicates an inability to pay forthwith, the defendant shall complete an affidavit of resources, under oath, prior to leaving the courthouse. The court will then determine whether the defendant has the financial ability to pay the assessment.

(2)  The determination of a defendant's financial ability to pay the assessment shall be made by comparing the defendant's assets and income with the amount of the assessment. The defendant's assets shall include all real and personal property owned in any manner by the defendant, unless exempt from execution, levy, attachment, garnishment, or other legal process under any state or federal law. The defendant's income shall include all income, whether earned or not, from any source, unless exempt from execution, levy, attachment, garnishment, or other legal process under any state or federal law, and shall be reduced only by the amount of expenses which are reasonably necessary for the maintenance of the defendant and his dependents and by the amount of defendant's anticipated or current obligation to repay the Office of Cost Containment for the cost of appointed counsel. As a court may do when considering an obligor's ability to pay child support, alimony, or other indebtedness, the court also may consider: (1) spousal, partner and family income or assets to the extent they are available to the defendant; (2) the defendant's ability to access credit; and (3) the diligence exercised by the defendant in pursuing employment or other means of satisfying his financial obligations.

(3)  In any case where the court finds that the defendant is unable to pay the assessment either on the date the sentence is imposed or later, the court may, if otherwise permitted by law: (i) defer or suspend payment of all or part of the assessment or order periodic payment; or (ii) allow the defendant to perform community service, pursuant to a plan submitted to and approved by the court. In any such deferral or order of periodic payment, the court shall, pursuant to RSA 490:26-a, II-a, include a $25.00 fee to be added to the assessment. Every hour of verified community service shall be applied against a fine at the rate of $15.00 an hour. A community service plan approved under this paragraph shall take into account the defendant's circumstances including but not limited to age, disability, health, employment, and access to child-care and transportation.

are payable to any court, clerk of court, or sheriff. The court, upon the application of such person, which application may be filed without fee, may, in its discretion, order the payment of such fees waived. In any case in which a person is represented by a legal aid society, a federally funded legal services project, or counsel assigned in accordance with the rules of the court, all filing costs shall be waived by the clerk without the necessity of a court order. Fees for the service of process by sheriffs shall be a charge against the state.

care of the inmate. The department shall adopt policies and procedures by which such a determination shall be made. The attorney general or the department may also conduct independent investigations as appropriate to determine whether an inmate has sufficient estate to pay for all or part of the cost of care of such inmate.
V. If the attorney general determines that an inmate possesses a sufficient estate to reimburse the state for all or part of the cost of care of such inmate, the attorney general shall file a petition in superior court. The petition shall state that the person is an inmate, that the department has or shall incur cost of care for the inmate, and that the inmate has a sufficient estate to reimburse the state for all or part of the cost of care of such inmate.
VII. If the inmate files an objection, the court shall determine at a hearing whether the department has or will incur the cost of care for the inmate. If the court determines that the inmate has a sufficient estate to pay all or part of the cost of care, the court shall determine the amount which shall be paid by the inmate for the cost of care. The amount shall not be in excess of the per capita cost of maintaining inmates in the institution or facility in which the inmate is residing. The court shall order the inmate to pay such payments toward the cost of care as are appropriate under the circumstances. In setting the amount of such payments, the court shall take into consideration and make allowances for any restitution ordered to the victim or victims of a crime which shall take priority over any payments ordered pursuant to this section, and for the maintenance and support of an inmate's spouse, dependent children, or any other persons having a legal right to support and maintenance out of the estate of the inmate. The court shall also consider the financial needs of the inmate for the 6-month period immediately following the inmate's release for the purpose of allowing the inmate to seek employment.