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	South Carolina	S.C. Code Ann. § 17-27-60	Court costs and expenses for indigents	If the applicant is unable to pay court costs and expenses of representation, including stenographic, printing and legal services, these costs and expenses shall be made available to the applicant + See more in the trial court, and on review, in amounts and to the extent funds are made available to indigent defendants by the General Assembly.	All	unable to pay costs	Not provided for	Not provided for	Not provided for	Yes	costs made available to the defendant
Add to Dashboard + Create New	South Carolina	S.C. Code Ann. § 17-25-350	Schedule for payment of fine by indigent; consequences of failure to comply.	In any offense carrying a fine or imprisonment, the judge or magistrate hearing the case shall, upon a decision of guilty of the accused being determined and it being established + See more that he is indigent at that time, set up a reasonable payment schedule for the payment of such fine, taking into consideration the income, dependents and necessities of life of the individual. Such payments shall be made to the magistrate or clerk of court as the case may be until such fine is paid in full. Failure to comply with the payment schedule shall constitute contempt of court; however, imprisonment for contempt may not exceed the amount of time of the original sentence, and where part of the fine has been paid the imprisonment cannot exceed the remaining pro rata portion of the sentence.No person found to be indigent shall be imprisoned because of inability to pay the fine in full at the time of conviction. Entitlement to free counsel shall not be determinative as to defendant's indigency.	All	indigent	Not provided for	Not provided for	Not provided for	Yes	reasonable payment plan
Add to Dashboard + Create New	South Carolina	S.C. Code Ann. § 23-3-540(K)	Electronic monitoring; reporting damage to or removing monitoring device; penalty	(K) The person must be charged for the cost of the active electronic monitoring device and the operation of the active electronic monitoring device for the duration of the time + See more the person is required to be electronically monitored. The Department of Probation, Parole and Pardon Services may exempt a person from the payment of a part or all of the cost during a part or all of the duration of the time the person is required to be electronically monitored, if the Department of Probation, Parole and Pardon Services determines that exceptional circumstances exist such that these payments cause a severe hardship to the person.	All	exceptional circumstances exist such that these payments cause a severe hardship to the person	Before imposition of fine or fee	Not provided for	Administrative decision	No	waiver of all or part of fee
Add to Dashboard + Create New	South Carolina	S.C. Code Ann. § 16-3-740(C)(4)	Testing of certain convicted offenders for Hepatitis B and HIV	If the offender is subsequently convicted or adjudicated delinquent, the offender or the parents of an adjudicated offender must reimburse the State for the costs of the tests unless the + See more offender or the parents of the adjudicated offender are determined to be indigent.	All	Not provided for	At enforcement of fine or fee	Not provided for	Not provided for	Yes	waiver from reimbursing state for cost of tests
Add to Dashboard + Create New	South Carolina	S.C. Code Ann. § 16-3-2040(C)	Restitution for victims of trafficking	(C) If a person is unable to pay restitution at the time of sentencing, or at any other time, the court may set restitution pursuant to Section 16-3-1270.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	not specified
Add to Dashboard + Create New	South Carolina	S.C. Code Ann. § 17-3-30(B)	Affidavit of inability to employ counsel; payment of indigent's assets to state; application fee; waiver or reduction of fee	If the clerk or other appropriate official determines that the person is unable to pay the application fee, the fee may be waived or reduced, provided that if the fee + See more is waived or reduced, the clerk or appropriate official shall report the amount waived or reduced to the trial judge upon sentencing and the trial judge shall order the remainder of the fee paid during probation if the person is granted probation.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	No	fee waived or reduced
Add to Dashboard + Create New	South Carolina	S.C. Code Ann. § 17-3-45(B)	Affidavit of assets of persons seeking appointed counsel; application fee	If it is determined that the person is unable to pay the application fee, the fee may be waived or reduced, provided that if the fee is waived or reduced, + See more the clerk or appropriate official shall report the amount waived or reduced to the trial judge and the trial judge shall order the remainder of the fee paid during probation if the person is granted probation or by a time payment method if probation is not granted or appropriate.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	No	fee waived or reduced
Add to Dashboard + Create New	South Carolina	S.C. Code Ann. § 17-22-110	Fees for application and participation; waiver	All fees or costs of supervision may be waived partially or totally by the solicitor in cases of indigency.	All	Not provided for	Not provided for	Not provided for	Not provided for	No	partial or total waiver of fees

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