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 (12)
- (-) Alaska (8)
- Arizona (5)
- Arkansas (8)
- California (90)
- Colorado (29)
- Connecticut (19)
- Delaware (4)
- Florida (36)
- Georgia (14)
- Hawaii (14)
- (-) Idaho (15)
- Illinois (23)
- Indiana (15)
- Iowa (12)
- Kansas (6)
- Kentucky (17)
- Louisiana (10)
- Maine (9)
- Maryland (3)
- Massachusetts (39)
- Michigan (17)
- Minnesota (14)
- Mississippi (8)
- Missouri (15)
- Montana (29)
- Nebraska (14)
- Nevada (7)
- New Hampshire (29)
- New Jersey (9)
- New Mexico (14)
- New York (8)
- North Carolina (14)
- North Dakota (14)
- Ohio (32)
- Oklahoma (10)
- Oregon (13)
- Pennsylvania (6)
- Rhode Island (3)
- South Carolina (17)
- South Dakota (10)
- Tennessee (11)
- Texas (17)
- Utah (5)
- Vermont (9)
- (-) Virginia (10)
- Washington (15)
- Washington DC (5)
- West Virginia (16)
- Wisconsin (7)
- Wyoming (17)
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.
33 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. 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 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
|
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 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
|
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 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
|
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 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
|
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 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
|
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. § 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 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
|
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. |
|
Add to Dashboard
|
Idaho | Idaho Code § 31-3204 | Victim Notification -- Fee |
The court shall charge a fee of fifteen dollars ($ 15.00) for victim notification purposes to be paid by each person found guilty of each felony, misdemeanor or infraction under section 18-8001 or 49-301, Idaho Code, or first-time infraction under section 23-604 or 23-949, Idaho Code, except when the court orders such fee waived because the person is indigent and unable to pay such fee. Such fee shall be in addition to all other fines and fees levied. Such fee shall be paid to the county treasurer who shall, within five (5) days after the end of the month, pay such fees to the state treasurer for deposit in the state victim notification fund established in section 67-2912, Idaho Code.
|
All |
"Person is indigent and unable to pay such fee." |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | No |
The court may order such fee waived. |
|
Add to Dashboard
|
Idaho | Idaho Code § 31-3201E | Drug Court and Mental Health Court Fee -- Drug Court and Mental Health Court Fund |
Each person admitted into a drug court or mental health court shall pay a drug court and mental health court fee in an amount not to exceed three hundred dollars ($ 300) per month or a lesser amount as set by the administrative district judge for participants in the drug court and mental health court. For good cause, the judge presiding over a drug court or mental health court may exempt a participant from paying all or a portion of the drug court and mental health court fee. The fee imposed under this section shall be paid to the clerk of the district court for deposit into the county drug court and mental health court fund which is hereby created in each county that has a drug court or mental health court. Moneys in this fund may be accumulated from year to year and shall be expended exclusively for expenses incurred in connection with the drug court or mental health court including, but not limited to, substance abuse treatment, mental health treatment, drug testing, supervision and private counseling services utilized by the drug court or mental health court. Any failure to pay the drug court and mental health court fee may constitute grounds for termination from drug court or mental health court by the court, provided this shall not be the exclusive remedy for collection of the fee. If a participant is terminated from the drug court or mental health court prior to successful completion of the program and a judgment of conviction is entered against the defendant, any unpaid drug court and mental health court fee shall be ordered by the court in the judgment of conviction, provided the court may order such fee to be waived if the court determines that the person is indigent and unable to pay the fee. Such fee shall be in addition to all other fines and fees levied, and the payment of such fee may also be ordered as a term and condition of probation.
|
All |
"The person is indigent and unable to pay the fee." |
At enforcement of fine or fee | Not provided for | Determined by judge after hearing | No |
The court may order such fee to be waived. |
|
Add to Dashboard
|
Idaho | Idaho Code § 31-3201C | Community Service Fee |
The court shall charge a fee of sixty cents (60 cent(s) ) per hour of community service to be remitted to the state insurance fund for purposes of providing worker's compensation insurance for persons performing community service; however, if a county is self-insured and provides worker's compensation insurance for persons performing community service, then remittance to the state insurance fund is not required. This per hour fee shall be paid by each person found guilty of any felony or misdemeanor and community service is provided as part of the sanction or as a condition of a withheld judgment or probation. The court may waive such fee if it determines the person is indigent and unable to pay such fee. Such fees shall be in addition to all other fines and fees levied. Such fees shall be paid to the district court and deposited in the county treasury for payment to the state insurance fund.
|
All |
"The person is indigent and unable to pay such fee." |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | No |
The court may waive such fee. |
|
Add to Dashboard
|
Idaho | Idaho Code § 31-3201A(2) | Court Fees |
Felonies and misdemeanors. A fee of seventeen dollars and fifty cents ($ 17.50) shall be paid, but not in advance, by each person found guilty of any felony or misdemeanor, except when the court orders such fee waived because the person is indigent and unable to pay such fee. Eleven dollars ($ 11.00) of such fee shall be paid to the county treasurer for deposit in the district court fund of the county, with six dollars ($ 6.00) of such eleven dollars ($ 11.00) dedicated to provide for the suitable and adequate quarters of the magistrate's division of the district court, including the facilities and equipment necessary to make the space provided functional for its intended use, and shall provide for the staff personnel, supplies and other expenses of the magistrate's division; one dollar ($ 1.00) of such filing fee shall be paid to the peace officers standards and training fund established in section 19-5116, Idaho Code; and five dollars and fifty cents ($ 5.50) of such fee shall be paid to the county treasurer who shall pay such fees to the state treasurer for deposit in accordance with subsection (15) of this section.
|
All |
"The person is indigent and unable to pay such fee." |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | No |
The court may order such fee waived. |
|
Add to Dashboard
|
Idaho | Idaho Code § 19-5304(7) | Restitution for Crime Victims -- Orders to be Separate -- When Restitution is Not Appropriate -- Other Remedies -- Evidentiary Hearings -- Definitions |
The court, in determining whether to order restitution and the amount of such restitution, shall consider the amount of economic loss sustained by the victim as a result of the offense, the financial resources, needs and earning ability of the defendant, and such other factors as the court deems appropriate. The immediate inability to pay restitution by a defendant shall not be, in and of itself, a reason to not order restitution.
|
All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes | Not provided for |
|
Add to Dashboard
|
Idaho | Idaho Code § 31-3220(1)(d);(2);(3) | Inability to Pay Fees -- Definitions -- Affidavit |
(1) (d) "Indigent" means a person who is not a prisoner, as defined in section 31-3220A, Idaho Code, and who is found by the court to be unable to pay fees, costs or give security for the purpose of prepayment of fees, costs or security in a civil action; (2) The court may authorize the commencement or defense of any action without prepayment of fees, costs or security, by any indigent person not a prisoner, providing: (a) The person files an affidavit that he is indigent as provided in subsection (3) of this section, and unable to pay fees, costs or give security; and (b) The court finds, after informal inquiry, that the person is indigent for the purpose of prepayment of fees, costs or security; (3) The affidavit shall contain complete information as to: (a) The person's identity; (b) The nature and amount of his income; (c) His spouse's income; (d) The real and personal property owned; (e) His cash or checking accounts; (f) His dependents; (g) His debts; (h) His monthly expenses; (i) The nature of the action; (j) The affiants belief that he is entitled to redress. The affidavit shall also contain the following statements: "I am unable to pay the court costs. I verify that the statements made in this affidavit are true and correct." The affidavit shall be sworn as required by law.
|
All |
"'Indigent' means a person who is not a prisoner, as defined in section 31-3220A, Idaho Code, and who is found by the court to be unable to pay fees, costs or give security for the purpose of prepayment of fees, costs or security in a civil action."
|
At defendant's request before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
No prepayment of fees, costs or security required. |
|
Add to Dashboard
|
Idaho | Idaho Code § 31-3220A(2);(7) | Prisoner Payment of Fees at Time of Filing of Action -- Partial Payment of Fees -- Dismissal of Action |
(2) A prisoner who seeks to file an action with partial payment of court fees required in sections 31-3201 and 31-3201A, Idaho Code, shall file the following at the time of filing of an action: (a) A motion to proceed on partial payment of court fees under this section; (b) An affidavit of inability to pay all court fees at the time of filing the action, containing complete information as to: (i) The prisoner's identity; (ii) The nature and amount of the prisoner's income; (iii) The prisoner's spouse's income; (iv) The real and personal property owned; (v) His cash or checking accounts; (vi) His dependents; (vii) His debts; (viii) His monthly expenses; (ix) The nature of the action; (x) The affiant's belief that he is entitled to redress; The affidavit shall also contain the following statements: "I am unable to pay all court costs at the time of filing the action. I verify that the statements made in this affidavit are true and correct." The affidavit shall be sworn as required by law; (7) In no event shall a prisoner be prohibited from bringing an action for the reason that the prisoner has no assets and no means by which to pay the initial partial filing fee.
|
All |
"Inability to pay all court fees at the time of filing the action." |
At defendant's request before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge without hearing | No |
Partial prepayment of fees, costs or security and the imposition of a monthly payment plan. |
|
Add to Dashboard
|
Idaho | Idaho Code § 19-854 | Determination of Indigency -- Factors Considered -- Partial Payment by Accused -- Reimbursement |
(1) The determination of whether a person covered under section 19-852, Idaho Code, is an indigent person shall be deferred until his first appearance in court or in a suit for payment or reimbursement under section 19-858, Idaho Code, whichever occurs earlier. Thereafter, the court concerned shall determine, with respect to each proceeding, whether he is an indigent person; (2) The court concerned shall presume that the following persons are indigent persons unless such a determination is contrary to the interests of justice: (a) Persons whose current monthly income does not exceed one hundred eighty-seven percent (187%) of the federal poverty guidelines issued annually by the federal department of health and human services; (b) Persons who receive, or whose dependents receive, public assistance pursuant to title 56, Idaho Code, in the form of food assistance, health coverage, cash assistance or child care assistance; or (c) Persons who are currently serving a sentence in a correctional facility or are being housed in a mental health facility; (3) The court concerned may determine that persons other than those described in subsection (2) of this section are indigent persons. In determining whether a person is an indigent person and in determining the extent of his inability to pay, the court concerned may consider such factors as income, property owned, outstanding obligations, the number and ages of his dependents and the cost of bail. Participation in the Idaho health insurance exchange shall not result in the presumption of indigence; (4) Release on bail does not necessarily prevent a person from being an indigent person; (5) In each case, the person shall, subject to the penalties for perjury, certify in writing or by other record such material factors relating to his ability to pay as the court prescribes by rule. No information provided by a person pursuant to this subsection may be used as substantive evidence in any criminal or civil proceeding against the person except: (a) For impeachment purposes; (b) In a prosecution for perjury or contempt committed in providing the information; or (c) In an attempt to enforce an obligation to reimburse the state for the cost of counsel; (6) To the extent that a person covered under section 19-852, Idaho Code, is able to provide for an attorney, the other necessary services and facilities of representation, and court costs, the court may order him to provide for their payment; (7) Upon conviction, notwithstanding the form of judgment or withheld judgment, plea of guilty or finding of guilt for any crime regardless of the original crime or number of counts, an indigent person who receives the services of an attorney provided by the county may be required by the court to reimburse the county for all or a portion of the cost of those services related to the conviction, plea of guilty or finding of guilt, unless the requirement would impose a manifest hardship on the indigent person. The current inability of the indigent person to pay the reimbursement shall not, in and of itself, restrict the court from ordering reimbursement.
|
All |
"The court concerned shall presume that the following persons are indigent persons unless such a determination is contrary to the interests of justice: (a) Persons whose current monthly income does not exceed one hundred eighty-seven percent (187%) of the federal poverty guidelines issued annually by the federal department of health and human services; (b) Persons who receive, or whose dependents receive, public assistance pursuant to title 56, Idaho Code, in the form of food assistance, health coverage, cash assistance or child care assistance; or (c) Persons who are currently serving a sentence in a correctional facility or are being housed in a mental health facility."
|
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
|
Idaho | Idaho Code § 19-5304(7) | Restitution for Crime Victims -- Orders to be Separate -- When restitution is not Appropriate -- Other Remedies -- Evidentiary Hearings -- Definitions |
The court, in determining whether to order restitution and the amount of such restitution, shall consider the amount of economic loss sustained by the victim as a result of the offense, the financial resources, needs and earning ability of the defendant, and such other factors as the court deems appropriate. The immediate inability to pay restitution by a defendant shall not be, in and of itself, a reason to not order restitution.
|
All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | No | Not provided for |
|
Add to Dashboard
|
Idaho | Idaho Code § 16-2431 | Cost of Involuntary Treatment Proceedings |
All costs associated with the involuntary treatment proceedings, including usual and customary fees of designated examiners, transportation costs and all medical, psychiatric and hospital costs, shall be the responsibility of the parents of the child according to their ability to pay, based on the sliding fee scale established under section 16-2433, Idaho Code, or, if indigent, the county of such child's residence after all personal, family and third party resources including medical assistance as authorized by title XIX of the social security act, as amended, are considered. The department shall assume responsibility for usual and customary treatment costs when the order for involuntary treatment is signed until the involuntary person is discharged and after all personal, family and third party resources are considered in accordance with section 66-354, Idaho Code. For the purposes of this section, "usual and customary treatment costs" includes room and board; support services rendered at a facility of the department; routine physical, medical, psychological and psychiatric examination and testing; and group and individual therapy, psychiatric treatment, medication and medical care which can be provided at a facility of the department or approved by the department. The term "usual and customary treatment costs" shall not include witness fees and expenses for court appearances. Counties shall have no responsibility for costs of voluntary treatment of children under this chapter. Counties shall have no responsibility to pay for the cost of involuntary treatment of children after the court order is signed. This section does not affect the right of any child to receive free mental health or developmental disability services under any publicly supported program or the right of any parent to reimbursement from, or payment on the child's behalf by, any publicly supported program or private insurer.
|
All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | No | Not provided for |
|
Add to Dashboard
|
Idaho | Idaho Code § 20-225 | Payment for Cost of Supervision |
Any person under state probation or parole supervision shall be required to contribute not more than seventy-five dollars ($ 75.00) per month as determined by the board of correction. Costs of supervision are the direct and indirect costs incurred by the department of correction to supervise probationers and parolees, including tests to determine drug and alcohol use, books and written materials to support rehabilitation efforts, and monitoring of physical location through the use of technology. Any failure to pay such contribution shall constitute grounds for the revocation of probation by the court or the revocation of parole by the commission for pardons and parole. The division of probation and parole in the department of correction may exempt a person from the payment of all or any part of the foregoing contribution if it finds any of the following factors to exist: (1) The offender has diligently attempted but been unable to obtain employment. (2) The offender has a disability affecting employment, as determined by a physical, psychological or psychiatric examination acceptable to the division of probation and parole.
|
All |
The court determines whether " the offender has diligently attempted but been unable to obtain employment [or whether] the offender has a disability affecting employment, as determined by a physical, psychological or psychiatric examination acceptable to the division of probation and parole."
|
Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
The division of probation and parole in the department of correction may exempt a person from the payment of all or any part of the foregoing contribution. |
|
Add to Dashboard
|
Idaho | Idaho Code § 20-619(1);(3) | Fee for Medical Service |
(1) County sheriff departments administering county jails may charge a nominal fee of twenty dollars ($ 20.00) to any nonindigent inmate who has sufficient funds in his commissary or personal account for the purpose of seeing the jail provided doctor or nurse for a medical complaint. In the event that an inmate is indigent, such service shall be provided by the county at no cost; (3) A "nonindigent" inmate, for purposes of this section, is an inmate who has money in his commissary or personal account normally used for the purchase of personal items for the inmate.
|
All |
"A "nonindigent" inmate, for purposes of this section, is an inmate who has money in his commissary or personal account normally used for the purchase of personal items for the inmate."
|
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | No |
"Such service shall be provided by the county at no cost." |
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.