50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Ability to Pay
Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
Every law can be saved to the Reform Builder
See all ability to pay policy recommendations in CJPP’s Policy Guide
State
- Alabama (2)
- (-) Alaska (2)
- Arizona (0)
- Arkansas (1)
- California (7)
- Colorado (7)
- Connecticut (2)
- (-) Delaware (0)
- Florida (6)
- Georgia (0)
- Hawaii (0)
- Idaho (1)
- Illinois (6)
- Indiana (0)
- Iowa (0)
- Kansas (0)
- Kentucky (3)
- Louisiana (0)
- Maine (0)
- Maryland (0)
- Massachusetts (0)
- Michigan (1)
- Minnesota (3)
- Mississippi (1)
- Missouri (0)
- Montana (0)
- Nebraska (1)
- Nevada (0)
- New Hampshire (2)
- New Jersey (0)
- New Mexico (1)
- New York (0)
- North Carolina (7)
- North Dakota (1)
- Ohio (1)
- Oklahoma (1)
- Oregon (3)
- Pennsylvania (0)
- Rhode Island (0)
- South Carolina (5)
- South Dakota (1)
- Tennessee (0)
- Texas (1)
- Utah (0)
- Vermont (0)
- Virginia (1)
- Washington (1)
- Washington DC (0)
- West Virginia (2)
- Wisconsin (0)
- Wyoming (1)
Keyword search
Reset
Reset all filtersTimeline
Burden of proof
Method of determination
Narrrow results
Level of Offense
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.
2 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 | |
|---|---|---|---|---|---|---|---|---|---|---|---|
|
Add to Dashboard
|
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.
|
All | Not provided for | Not provided for | Not provided for | Administrative decision | No |
Required to pay a portion of the costs. |
|
Add to Dashboard
|
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.
|
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. |
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.