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.
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See all ability to pay policy recommendations in CJPP’s Policy Guide
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- Alabama (12)
- Alaska (8)
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- Florida (36)
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- Hawaii (14)
- Idaho (15)
- Illinois (23)
- Indiana (15)
- Iowa (12)
- Kansas (6)
- Kentucky (17)
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- 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)
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- Texas (17)
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- (-) Virginia (10)
- Washington (15)
- Washington DC (5)
- West Virginia (16)
- Wisconsin (7)
- Wyoming (17)
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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.
44 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 | |
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Arizona | Ariz. Rev. Stat. Ann. § 13-804.01(B)(2) | Reimbursement of Incarceration Costs; Misdemeanors | B. The court may determine the amount of incarceration costs to be paid based on the following factors:2. The person's ability to pay part or all of the incarceration costs. | Misdemeanor | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | No |
A lower cost based upon the defendant's ability to pay. |
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Arizona | Ariz. Rev. Stat. Ann. § 13-914(E)(2) | Intensive probation; evaluation; sentence; criteria; limit; conditions |
Paying restitution and probation fees of not less than seventy-five dollars unless, after determining the inability of the offender to pay the fee, the court assesses a lesser fee. Probation + See morefees shall be deposited in the adult probation services fund established by § 12-267. Any amount assessed pursuant to this paragraph shall be used to supplement monies used for the salaries of adult probation and surveillance officers and for support of programs and services of the superior court adult probation departments.
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All | Not provided for | Not provided for | Not provided for | Not provided for | No |
Lower restitution or fee based upon the defendant's ability to pay. |
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Arizona | Ariz. Rev. Stat. Ann. § 13-810(E) | Consequences of nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs |
(E)If the court finds that the defendant has wilfully failed to pay a fine, a surcharge, a fee, an assessment, restitution or incarceration costs or finds that the defendant has intentionally refused to make a good faith effort to obtain the monies required for the payment, the court shall find that the default constitutes contempt and may do any of the following:
1. Order the defendant incarcerated in the county jail until the fine, surcharge, fee, assessment, restitution or incarceration costs, or a specified part of the fine, surcharge, fee, assessment, restitution or incarceration costs, is paid. 2. Refer the defendant for revocation of probation, parole or community supervision as authorized by law. 3. Enter an order pursuant to section 13-812. The levy or execution for the collection of a fine, a surcharge, a fee, an assessment, restitution or incarceration costs does not discharge a defendant who is incarcerated for nonpayment of the fine, surcharge, fee, assessment, restitution or incarceration costs until the amount of the fine, surcharge, fee, assessment, restitution or incarceration costs is collected. 4. Order the defendant to perform community restitution. |
All | Not provided for | At enforcement of fine or fee | Not provided for | Not provided for | No |
Modified payment arrangements |
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Arizona | Ariz. Rev. Stat. Ann. § 13-824(A) | Community restitution in lieu off monetary obligation |
A. Notwithstanding any other law, if a monetary obligation is imposed on a defendant at sentencing and the court finds the defendant is unable to pay all or part of the monetary obligation, the court may order the defendant to perform community restitution in lieu of the payment for all or part of the monetary obligation. The amount of community restitution shall be equivalent to the amount of the monetary obligation by crediting any service performed at a rate of ten dollars per hour.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Not provided for | No |
Community Restitution |
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Arizona | Ariz. Rev. Stat. Ann. § 12-116.01(F) | Surcharges; remittance reports; fund deposits |
The judge may waive all or part of the civil penalty, fine, forfeiture and surcharge, except for mandatory civil penalties and fines, the payment of which would work a hardship on the persons convicted or adjudicated or on their immediate families. If a fine or civil penalty is mandatory, the judge may waive only all or part of the surcharges prescribed by subsections A, B and C of this section and § 12-116.02. If a fine or civil penalty is not mandatory and if a portion of the civil penalty, fine, forfeiture and surcharge is waived or suspended, the amount assessed must be divided according to the proportion that the civil penalty, fine, bail or bond and the surcharge represent of the total amount due.
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All | Not provided for | Not provided for | Not provided for | Not provided for | No |
A lower cost fine or fee based upon the defendant's ability to pay. |
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Montana | Mont. Code Ann. § 3-1-317(2) | User surcharge for court information technology -- exception |
If a court determines that a defendant in a criminal case or determines pursuant to 25-10-404 that a party in a civil case is unable to pay the surcharge, the + See morecourt may waive payment of the surcharge imposed by this section.
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All | Not provided for | Not provided for | Not provided for | Not provided for | No |
Waive surcharge |
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Montana | Mont. Code Ann. § 3-1-318(2) | Surcharges upon certain criminal convictions -- exception |
A court may not waive payment of the surcharge unless the court determines that the defendant is unable to pay the surcharge. Inability to pay must be supported by a + See moresworn statement from the defendant demonstrating financial inability to pay without substantial hardship in providing for personal or family necessities. The statement is not admissible in the proceeding unless offered for impeachment purposes and is not admissible in a subsequent prosecution for perjury or false swearing.
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All |
Financial inability to pay without substantial hardship in providing for personal or family necessities |
Not provided for | Burden on defendant to show inability to pay | Not provided for | No |
Waive surcharge |
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Montana | Mont. Code Ann. § 45-6-101(2) | Criminal Mischief |
A person convicted of criminal mischief must be ordered to make restitution in an amount and manner to be set by the court. The court shall determine the manner and + See moreamount of restitution after full consideration of the convicted person's ability to pay the restitution.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | No |
Determine amount of restitution accordingly. |
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Montana | Mont. Code Ann. § 45-6-101(2) | Criminal Mischief |
Upon good cause shown by the convicted person, the court may modify any previous order specifying the amount and manner of restitution. Full payment of the amount of restitution ordered + See moremust be made prior to the release of state jurisdiction over the person convicted
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All | Not provided for | At defendant's request at enforcement | Burden on defendant to show inability to pay | Not provided for | No |
Modify previous order specifying the amount and manner of restitution. |
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Montana | Mont. Code Ann. § 46-18-241(3) | Condition of Restitution |
If at any time the court finds that, because of circumstances beyond the offender's control, the offender is not able to pay any restitution, the court may order the offender + See moreto perform community service during the time that the offender is unable to pay. The offender must be given a credit against restitution due at the rate of the hours of community service times the state minimum wage in effect at the time that the community service is performed.
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All | Not provided for | Not provided for | Not provided for | Not provided for | No |
Community service payable against restitution owed in amount equal to the minimum wage for each hour worked. |
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Montana | Mont. Code Ann. § 45-5-206(5) | Partner or Family Member Assault -- Penalty |
In addition to any sentence imposed under subsections (3) and (4), after determining the financial resources and future ability of the offender to pay restitution as provided for in 46-18-242, + See morethe court shall require the offender, if able, to pay the victim's reasonable actual medical, housing, wage loss, and counseling costs.
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Felony | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
No payment of fee |
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Montana | Mont. Code Ann. § 45-5-206(6) | Partner or Family Member Assault -- Penalty |
In addition to the requirements of subsection (5), if financially able, the offender must be ordered to pay for the costs of the offender's probation, if probation is ordered by + See morethe court.
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Felony | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
No payment of fee |
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Montana | Mont. Code Ann. § 45-5-503(5) | Sexual intercourse without consent |
In addition to any sentence imposed under subsection (2) or (3), after determining the financial resources and future ability of the offender to pay restitution as required by 46-18-242, the + See morecourt shall require the offender, if able, to pay the victim's reasonable medical and counseling costs that result from the offense. The amount, method, and time of payment must be determined in the same manner as provided for in 46-18-244.
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Felony | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Lower restitution amounts or alternative forms of restitution may be available |
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Montana | Mont. Code Ann. § 45-5-507(6) | Incest |
In addition to any sentence imposed under subsection (3), (4), or (5), after determining the financial resources and future ability of the offender to pay restitution as required by 46-18-242, + See morethe court shall require the offender, if able, to pay the victim's reasonable costs of counseling that result from the offense. The amount, method, and time of payment must be determined in the same manner as provided for in 46-18-244.
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Felony | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Lower restitution amounts or alternative forms of restitution may be available |
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Montana | Mont. Code Ann. § 45-5-621(3) | Nonsupport |
If a defense to the charge of nonsupport is inability to pay, the person's inability must be the result of circumstances over which the person had no control. In determining + See moreability to pay, after an allowance for the person's minimal subsistence needs, the support of a spouse, child, or other dependent has priority over any other obligations of the person.
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Misdemeanor, Felony | Not provided for | Before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | Yes |
This is a defense in a nonpayment case |
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Montana | Mont. Code Ann. § 45-5-621(13) | Nonsupport |
The court may order that a term of imprisonment imposed under this section be served in another facility made available by the county and approved by the sentencing court. The + See moreoffender, if financially able, shall bear the expense of the imprisonment.
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Felony | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
No payment of fee |
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Montana | Mont. Code Ann. § 45-5-627(4) | Ritual abuse of minor--exceptions--penalty |
In addition to any sentence imposed under subsection (3), after determining pursuant to 46-18-242 the financial resources and future ability of the offender to pay restitution, the court shall require + See morethe offender, if able, to pay the victim's reasonable costs of counseling that result from the offense. The amount, method, and time of payment must be determined in the same manner as provided for in 46-18-244.
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Felony | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Lower restitution amounts or alternative forms of restitution may be available |
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Montana | Mont. Code Ann. § 45-6-101(2) | Criminal Mischief |
A person convicted of criminal mischief must be ordered to make restitution in an amount and manner to be set by the court. The court shall determine the manner and + See moreamount of restitution after full consideration of the convicted person's ability to pay the restitution. Upon good cause shown by the convicted person, the court may modify any previous order specifying the amount and manner of restitution. Full payment of the amount of restitution ordered must be made prior to the release of state jurisdiction over the person convicted.
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Misdemeanor | Not provided for | Before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | Yes |
Determine amount of restitution accordingly. |
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Montana | Mont. Code Ann. § 45-9-102(5)(c)(ii) | Criminal possession of dangerous drugs |
The court shall, as conditions of probation pursuant to subsection (5)(a), order: (ii) payment of the costs of imprisonment, probation, and any methamphetamine treatment by the person if the person + See moreis financially able to pay those costs
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Felony | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Waive or reduce fee |
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Montana | Mont. Code Ann. § 46-1-1112(2) | Funding [of drug treatment courts] |
A drug offender shall pay the total cost or a reasonable portion of the cost to participate. The cost paid by a drug offender may not exceed $300 a month. + See moreThe costs assessed must be compensatory and not punitive in nature and must take into account the drug offender's ability to pay. Upon a showing of indigency, the drug treatment court may reduce or waive costs under this subsection (2).
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Misdemeanor |
Indigency |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | Yes |
Waive or reduce fee |
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.