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.

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"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.

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"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.

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"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.

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"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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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

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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.

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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

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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.

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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

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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.

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"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.

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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

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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.

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Minnesota Minn. Stat. Ann. § 244.18(4) Local correctional fees; imposition on offenders

Exemption from fee. — The chief executive officer of the local correctional agency may waive payment of the fee if the officer determines that the offender does not have the ability to

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pay the fee, the prospects for payment are poor, or there are extenuating circumstances justifying waiver of the fee. Instead of waiving the fee, the local correctional agency may require the offender to perform community work service as a means of paying the fee.

All

Not provided for

Before imposition of fine or fee Not provided for Administrative decision No

Fee waiver; community service.

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Minnesota Minn. Stat. Ann. § 244.18(2) Local correctional fees; imposition on offenders

Local correctional fees. — A local correctional agency may establish a schedule of local correctional fees to charge persons under the supervision and control of the local correctional agency to defray costs

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associated with correctional services. The local correctional fees on the schedule must be reasonably related to defendants’ abilities to pay and the actual cost of correctional services.

All

Not provided for

Before imposition of fine or fee Not provided for Administrative decision No

Not provided for

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Minnesota Minn. R. Crim. P. 28.02(5)(9) Appeal by defendant

All fees--including appeal fees, hearing fees, or filing fees--ordinarily charged by the clerk of the appellate courts or court administrators are waived when the State Public Defender's office, or other

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public defender's office, represents the defendant. The court must also waive these fees on a sufficient showing by any other attorney that the defendant cannot pay them.

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Not provided for

Before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge without hearing No

Fee waiver

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Minnesota Minn. Stat. Ann. § 609.104(1)(b) Fine and Surcharge Collection

The defendant may contest the referral for collection based on inability to pay by requesting a hearing no later than the due date. The defendant shall be notified in writing at sentencing that under section 480.15, subdivision 10c, the court may refer the case for collection for nonpayment, and collection costs may be added to the amount due. The defendant shall also be notified in writing of the right to contest a referral for collection. The state court administrator shall develop

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the notice language.

All

Not provided for

At defendant's request at enforcement Not provided for Determined by judge after hearing Yes

Not specified

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Minnesota Minn. Stat. Ann. § 609.101(5)(b) Surcharge on Fines, Assessments; Minimum Fines

If the defendant qualifies for the services of a public defender or the court finds on the record that the convicted person is indigent or that immediate payment of the

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fine would create undue hardship for the convicted person or that person’s immediate family, the court may reduce the amount of the minimum fine to not less than $ 50. Additionally, the court may permit the defendant to perform community work service in lieu of a fine.

All

Indigent or that immediate payment of the fine would create undue hardship for the convicted person or that person’s immediate family.

Before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge without hearing No

Maximum $50 fine or community service.

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Minnesota Minn. Stat. Ann. § 609.226(4)(c) Harm caused by dog

The court shall order a person convicted of violating this subdivision to pay restitution for the costs and expenses resulting from the crime. Costs and expenses include, but are not

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limited to, the service animal user's loss of income, veterinary expenses, transportation costs, and other expenses of temporary replacement assistance services, and service animal replacement or retraining costs incurred by a school, agency, or individual. If the court finds that the convicted person is indigent, the court may reduce the amount of restitution to a reasonable level or order it paid in installments.

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Indigent

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

Reduce the amount of restitution to a reasonable level or order it paid in installments.

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Minnesota Minn. Stat. Ann. § 609.324(4) Patrons; prostitutes; housing individuals engaged in prostitution; penalties

Community service in lieu of minimum fine. The court may order a person convicted of violating subdivision 2 or 3 to perform community work service in lieu of all or

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a portion of the minimum fine required under those subdivisions if the court makes specific, written findings that the convicted person is indigent or that payment of the fine would create undue hardship for the convicted person or that person's immediate family. Community work service ordered under this subdivision is in addition to any mandatory community work service ordered under subdivision 3.

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Indigent or that payment of the fine would create undue hardship for the convicted person or that person's immediate family.

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

Community service in lieu of payment.

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Minnesota Minn. Stat. Ann. § 609.3241(b) Sex Crimes: Penalty assessment authorized

The court may not waive payment of the minimum assessment required by this section. If the defendant qualifies for the services of a public defender or the court finds on

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the record that the convicted person is indigent or that immediate payment of the assessment would create undue hardship for the convicted person or that person's immediate family, the court may reduce the amount of the minimum assessment to not less than $100. The court also may authorize payment of the assessment in installments.

All

Indigent or that immediate payment of the assessment would create undue hardship for the convicted person or that person's immediate family,

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

Reduce fee to $100 or less or allow for installments.