50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Ability to Pay
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- Alabama (12)
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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.
22 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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Nevada | Nev. Rev. Stat. Ann. § 176.085 | Reduction of excessive fine or administrative assessment; payment in installments. |
Whenever, after a fine and administrative assessment have been imposed but before they have been discharged by payment or confinement, it is made to appear to the judge or justice + See moreimposing the fine or administrative assessment or his or her successor: 1. That the fine or administrative assessment is excessive in relation to the financial resources of the defendant, the judge or justice or his or her successor may reduce the fine accordingly.
2. That the discharge of the fine or administrative assessment is not within the defendant’s present financial ability to pay, the judge or justice or his or her successor may direct that the fine be paid in installments.
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All |
excessive in relation to the financial resources of the defendant; not withiin the defendant's present financial ability to pay |
At enforcement of fine or fee | Not provided for | Not provided for | No |
Installment plan |
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Nevada | Nev. Rev. Stat. Ann. § 484C.515 (2) | Fee for specialty court programs |
If the fee pursuant to subsection 1: (a) Is not within the defendant’s present ability to pay, the justice or judge may include in the sentence, + See morein addition to any other penalty or administrative assessment provided by law, community service for a reasonable number of hours, the value of which would be commensurate with the fee.
(b) Is not entirely within the defendant’s present ability to pay, the justice or judge may include in the sentence, in addition to any other penalty or administrative assessment provided by law, a reduced fee and community service for a reasonable number of hours, the value of which would be commensurate with the amount of the reduction of the fee.
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Misdemeanor |
not within the defendant’s present ability to pay; not entirely within the defendant's present ability to pay |
Not provided for | Not provided for | Not provided for | No |
community service; reduced fee |
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Nevada | Nev. Rev. Stat. Ann. § 209.4295 (2)-(3) | Payment of cost of supervision and treatment; performance of community service as contribution toward cost; issuance of judgment for unpaid costs |
2. A court shall not refuse to place a probation violator in the diversion program if the probation violator does not have the financial resources to pay any or all of + See morethe related costs. 3. The court may order a probation violator who is placed in the diversion program to perform a specified amount of community service upon release from the program to contribute toward the cost of his or her treatment and supervision. Any such community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents.
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All |
violator does not have the financial resources to pay any or all of the related costs |
Not provided for | Not provided for | Not provided for | Yes |
community service |
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Nevada | Nev. Rev. Stat. Ann. § 211A.130 (3) | Fees for cost of supervision: Imposition; waiver or reduction |
3. If the chief determines that payment of the fee would result in economic hardship to a probationer or a supervised releasee, the chief may waive the imposition of, or reduce + See morethe amount of, the fee. If the chief waives the imposition of the fee, payment of the fee by the probationer or the supervised releasee does not constitute a condition of his or her suspended sentence, residential confinement or pretrial or presentence release.
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All |
economic hardship |
Not provided for | Not provided for | Not provided for | No |
reduction or waiver of fee |
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Nevada | Nev. Rev. Stat. Ann. § 213.1076 (2) | Fee to defray costs of supervision; regulations; waiver |
2. The Chief may waive the fee to defray the cost of supervision, in whole or in part, if the Chief determines that payment of the fee would create an economic + See morehardship on the parolee, probationer or person supervised by the Division through residential confinement.
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All |
economic hardship |
Not provided for | Not provided for | Not provided for | No |
reduction or waiver of fee |
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Nevada | Nev. Rev. Stat. Ann. § 209.4886 (4) | Participation in judicial program: Referral of offender to reentry court; powers and duties of Director; regulations; reimbursement of costs; effect of violation of terms and conditions; status of offender |
The Director shall adopt regulations requiring offenders who are assigned to the custody of the Division pursuant to this section to reimburse the reentry court, the Division and the Department + See morefor the cost of their participation in a judicial program, to the extent of their ability to pay.
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All | Not provided for | Not provided for | Not provided for | Not provided for | Yes | Not provided for |
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Nevada | Nev. Rev. Stat. Ann. § 176.139 (7) | Presentence investigation and report: Psychosexual evaluation of certain sex offenders required; standards and methods for conducting evaluation; access to records; rights of confidentiality and privileges deemed waived; costs |
If a psychosexual evaluation is conducted pursuant to this section, the court shall: (a) Order the defendant, to the extent of the defendant’s financial ability, to + See morepay for the cost of the psychosexual evaluation; or
(b) If the defendant was less than 18 years of age when the sexual offense was committed and the defendant was certified and convicted as an adult, order the parents or guardians of the defendant, to the extent of their financial ability, to pay for the cost of the psychosexual evaluation. For the purposes of this paragraph, the court has jurisdiction over the parents or guardians of the defendant to the extent that is necessary to carry out the provisions of this paragraph.
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All | Not provided for | Not provided for | Not provided for | Not provided for | Yes | Not provided for |
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South Dakota | S.D. Codified Laws § 23A-3-28 | Service of motion -- Fee |
When a defendant or arrested person makes a motion under this section, the defendant or arrested person shall pay to the clerk of courts in the county where the motion is filed a fee equal to the filing fee for a civil action. If the defendant or arrested person establishes to the court’s satisfaction that the person is indigent and unable to pay the fee, the court may waive the filing fee.
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All |
Indigent |
Not provided for | Not provided for | Other | No |
Waive filing fee |
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South Dakota | S.D. Codified Laws § 23A-32-16 | Notice of appeal--Service on adverse parties--Perfection of appeal--Fee not required of indigent defendant |
. . . Whenever an appeal is taken by an indigent, assigned counsel pursuant to § 23A-40-6, no filing fee need be paid and no undertaking need be furnished to perfect such appeal.
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All |
Indigent |
Not provided for | Not provided for | Other | Yes |
Waive filing fee |
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South Dakota | S.D. Codified Laws § 24-2-28 | Liability of inmate for cost of confinement — Exception |
Each inmate under the jurisdiction of the Department of Corrections is liable for the cost of the inmate’s confinement which includes room and board charges; medical, dental, optometric, and psychiatric services charges; vocational education training; and alcoholism treatment charges.
However, if the secretary of corrections determines after considering the net income, net worth, number of dependents, and any existing obligations of the inmate, that the inmate is unable to pay, the secretary may waive all or part of the payment for the costs of the inmate’s confinement. |
All |
Net income, net worth, number of dependents, and any existing obligations of the inmate. |
Not provided for | Not provided for | Other | No |
Waive all or part of costs for confinement |
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South Dakota | S.D. Codified Laws § 24-11-32.1 | Work release inmate — Restitution for prisoner maintenance cost |
The board of county commissioners may require by resolution that a sum not to exceed the average daily prisoner cost may be charged to work release inmates of county jails as restitution to be applied toward prisoner maintenance cost, including but not limited to, room and board. In instances of undue hardship, the commissioners may reduce or waive the charges.
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All |
Undue hardship |
Not provided for | Not provided for | Other | No |
Reduce or waive charges |
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South Dakota | S.D. Codified Laws § 24-11-45 | Prisoner liable for costs of confinement — Waiver |
A prisoner confined to any jail while serving a sentence is liable for the cost of the prisoner’s confinement including room and board charges; medical, dental, optometric, and psychiatric services charges; vocational education training; chemical dependency treatment charges; and transportation costs as set forth in subdivision 7-12-18(4), where transporting the prisoner is required. If, after considering the prisoner’s net income, net worth, number of dependents, and any existing obligations, the judge who sentenced the prisoner to jail determines that the prisoner is unable to pay the full amount at one time, the judge may allow the prisoner to set up a deferred payment plan for payment for the costs of the inmate’s confinement or waive all or part of the payment if the prisoner demonstrates an inability to pay.
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All |
Prisoner's net income, net worth, number of dependents, and any existing obligations |
Not provided for | Not provided for | Other | No |
Waive all or part of costs for confinement |
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South Dakota | S.D. Codified Laws § 16-2-29.2; S.D. Codified Laws § 16-2-29.3 | Waiver of filing fees and service costs--Motion to court; Waiver of filing fees--Affidavit of inability to pay |
29.2: A court may waive the payment of filing fees and service costs accruing by reason of a civil action or proceeding or any criminal proceeding on motion to the court upon the affidavit of the moving party and the entry of an order thereon.
29.3: The affidavit required by § 16-2-29.2 of the moving party shall state the moving party's inability to pay; the nature of the action, proceeding, or appeal; and a short concise statement of facts upon which the moving party believes he is entitled to redress. |
All |
N/A |
Not provided for | Burden on defendant to show inability to pay | Other | No |
Fee is waived. |
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South Dakota | S.D. Codified Laws § 23A-28-3 | Plan of restitution--Present inability to make restitution--No pecuniary damages suffered--Hearing--Condition of parole |
If the sentencing court orders the defendant to the county jail, suspended imposition of sentence, suspended sentence, or probation, the court may require as a condition that the defendant, in cooperation with the court services officer assigned to the defendant, promptly prepare a plan of restitution, including the name and address of each victim, a specific amount of restitution to each victim, and a schedule of restitution payments. If the defendant is presently unable to make any restitution, but there is a reasonable possibility that the defendant may be able to do so at some time during the defendant's probation period, the plan of restitution shall also state the conditions under which or the event after which the defendant will make restitution. If the defendant believes that no person suffered pecuniary damages as a result of the defendant's criminal activities, the defendant shall so state. If the defendant contests the amount of restitution recommended by the court services officer, the defendant is entitled to a hearing at which the court shall determine the amount. If the sentencing court orders the defendant to the state penitentiary and does not suspend the sentence, the court shall set forth in the judgment the names and specific amount of restitution owed each victim. The Department of Corrections shall establish the collection schedule for court-ordered restitution while the defendant is in the penitentiary and on parole. The Board of Pardons and Paroles shall require, as a condition of parole, that the defendant pay restitution ordered by the court.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Administrative decision | No |
Payment plan/delay start of payments until later date. |
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South Dakota | S.D. Codified Laws § 16-2-42 | Waiver of surcharge--Conditions |
The surcharge provided for in § 16-2-39 may be waived in the manner provided for in §§ 16-2-29.2 to 16-2-29.4, inclusive. If a fine is suspended in whole or in part, the surcharge provided for in § 16-2-41 may not be reduced. However, the judge may waive all or any part of the payment of the surcharge which would work a hardship on the person convicted or on his immediate family.
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All |
Hardship on the person convicted or on his immediate family |
Not provided for | Not provided for | Other | No |
Fee is waived in amount determined. |
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.