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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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
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fees 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.
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

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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

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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.

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

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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.

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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New Hampshire N.H. Rev. Stat. § 651-B:11(II) Registration Fee

An offender who cannot afford to pay the fee shall, within 10 days of registration, request a waiver of the fee and a hearing on the matter before the commissioner.

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In order to be considered for a waiver, the offender shall submit a financial affidavit on a form provided by the department. The division may at its discretion request such a waiver on behalf of an offender. If such a request is made, the commissioner shall promptly schedule and conduct a hearing pursuant to rules adopted under RSA 541-A, unless the commissioner or commissioner's designee determines a hearing is not necessary and waives the fee based on the offender's financial affidavit, or at the written request of the division. At the hearing, the burden shall be on the offender to prove that he or she is indigent. The offender may appeal the commissioner's decision to the superior court. Under no circumstances shall the offender's request for a hearing or indigence relieve the offender of the obligation to register as required pursuant to this chapter.

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Indigent

At defendant's request at enforcement Burden on defendant to show inability to pay Administrative decision Yes

Fee waiver

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New Hampshire N.H. Rev. Stat. Ann. § 623-B:2(I),(IV) Civil Actions by Inmates; Filing Fees and Court Costs.

I. An inmate who commences any civil action or proceeding is responsible for all court fees and costs.

IV. Nothing in this section shall prohibit an inmate from filing a civil action

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or proceeding if the inmate is indigent.

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Indigent

Not provided for Not provided for Not provided for Yes

N/A

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New Hampshire N.H. Rev. Stat. Ann. § 604-A:9(I) Repayment

I. Any adult defendant who has had counsel or a public defender assigned to the defendant at the expense of the state shall be ordered by the court under paragraph I-b

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to repay the state through the unit of cost containment, the fees and expenses paid by the state on the defendant's behalf according to a schedule established by the administrator of the cost containment unit with the approval of the administrative justices of the courts on such terms as the court may order consistent with the defendant's present or future ability to pay, such ability to be determined by the unit of cost containment . . . At no time shall the defendant be required to repay, for legal services, an amount greater than the state's flat rate for a contract attorney as established contractually pursuant to RSA 604-B. If the defendant is placed on probation or sentenced to a period of conditional discharge, the defendant shall repay the state, through the department of corrections, all fees and expenses paid on his behalf on such terms as the court may order consistent with the defendant's present or future ability to pay.

All

Present or future ability to pay, as determined by the unit of cost containment.

Before imposition of fine or fee Not provided for Not provided for Yes

Payment plan and reduced costs

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New Hampshire N.H. Rev. Stat. Ann. § 651:63 Restitution Authorized

Restitution may be ordered regardless of the offender's ability to pay and regardless of the availability of other compensation; however, restitution is not intended to compensate the victim more than

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once for the same injury. 

All

Not provided for

Not provided for Not provided for Not provided for Yes

N/A

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New Hampshire N.H. Rev. Stat. Ann. § 516:16-a Defaults; Witness Fees for Law Enforcement Officers

Any person who defaults on a scheduled court appearance on a motor vehicle offense shall be responsible for paying the current witness fee for any law enforcement officer required to

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attend such appearance, unless the court determines that such person is indigent.

Traffic

Indigent

Before imposition of fine or fee Not provided for Determined by judge without hearing Yes

Not specified

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New Hampshire N.H. Rev. Stat. Ann. § 631:2-b(V) Domestic Violence

In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction under this section. The court shall not reduce or suspend

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any sentence or the payment of any fine imposed under this section. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof.

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Not provided for

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

Deferred payment; payment plan.

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New Hampshire N.H. Rev. Stat. Ann. § 651-D:2(V) Post-Conviction DNA Testing of Biological Material

The cost of DNA testing ordered under this section shall be paid by the petitioner, or by the state, if the petitioner is indigent as determined by the court. The

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court may appoint counsel for an indigent petitioner under this section.

All

Indigent

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

Payment by the state

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New Hampshire N.H. R. Crim. P. 29(e)(1) Sentencing Procedures

(1)  Fines, restitution or penalty assessments (hereinafter collectively referred to as "assessments") imposed by the court shall be due and payable on the date the sentence is imposed. Where a defendant

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indicates an inability to pay forthwith, the defendant shall complete an affidavit of resources, under oath, prior to leaving the courthouse. The court will then determine whether the defendant has the financial ability to pay the assessment.

(2)  The determination of a defendant's financial ability to pay the assessment shall be made by comparing the defendant's assets and income with the amount of the assessment. The defendant's assets shall include all real and personal property owned in any manner by the defendant, unless exempt from execution, levy, attachment, garnishment, or other legal process under any state or federal law. The defendant's income shall include all income, whether earned or not, from any source, unless exempt from execution, levy, attachment, garnishment, or other legal process under any state or federal law, and shall be reduced only by the amount of expenses which are reasonably necessary for the maintenance of the defendant and his dependents and by the amount of defendant's anticipated or current obligation to repay the Office of Cost Containment for the cost of appointed counsel. As a court may do when considering an obligor's ability to pay child support, alimony, or other indebtedness, the court also may consider: (1) spousal, partner and family income or assets to the extent they are available to the defendant; (2) the defendant's ability to access credit; and (3) the diligence exercised by the defendant in pursuing employment or other means of satisfying his financial obligations.

(3)  In any case where the court finds that the defendant is unable to pay the assessment either on the date the sentence is imposed or later, the court may, if otherwise permitted by law: (i) defer or suspend payment of all or part of the assessment or order periodic payment; or (ii) allow the defendant to perform community service, pursuant to a plan submitted to and approved by the court. In any such deferral or order of periodic payment, the court shall, pursuant to RSA 490:26-a, II-a, include a $25.00 fee to be added to the assessment. Every hour of verified community service shall be applied against a fine at the rate of $15.00 an hour. A community service plan approved under this paragraph shall take into account the defendant's circumstances including but not limited to age, disability, health, employment, and access to child-care and transportation.

All

Comparison of the defendant's assets and income with the amount of the assessment.

At defendant's request before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing No

Defer or suspend payment of all or part of the assessment or order periodic payment; or allow the defendant to perform community service.

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New Hampshire N.H. Rev. Stat. § 604-A:2-c Determination of Financial Ability

The determination of a defendant's financial ability to obtain counsel shall be made by comparing the defendant's assets and incomes with the minimum cost of obtaining qualified private counsel. The

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defendant's assets shall include all real and personal property owned in any manner by the defendant, excluding only those assets which are exempt from attachment and execution under RSA 511:2. The defendant's income shall include all income, whether earned or not, from any source, unless exempt from attachment under any state or federal law, and shall be reduced only by the amount of expenses which are reasonably necessary for the maintenance of the defendant and his dependents. In determining a defendant's financial ability to obtain counsel, the rules adopted by the commissioner under RSA 604-A:10, IV, shall contain a method for considering the defendant's ability to borrow some or all of the necessary funds. The rules shall also consider the possibility of the defendant paying his counsel fees in periodic installments.

All

Comparison of the defendant's assets and incomes with the minimum cost of obtaining qualified private counsel.

Before imposition of fine or fee Not provided for Not provided for Yes

Installment plan

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New Hampshire N.H. Rev. Stat. § 618:10 Petition for Discharge

Whenever a person under conviction for a criminal offense and confined in a county correctional facility is unable to pay the fine, the superior court, upon petition of the prisoner

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or the superintendent and satisfactory proof of such inability, may order the prisoner to be discharged upon such terms as they may think proper.

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Not provided for

At defendant's request at enforcement Burden on defendant to show inability to pay Determined by judge after hearing No

Discharge from prison.

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New Hampshire N.H. Rev. Stat. § 499:18-b Waiver of Court Costs and Fees

Except as otherwise specifically provided by the rules of the court, any person, by reason of poverty, may seek relief from the payment of any fees provided by law which

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are payable to any court, clerk of court, or sheriff. The court, upon the application of such person, which application may be filed without fee, may, in its discretion, order the payment of such fees waived. In any case in which a person is represented by a legal aid society, a federally funded legal services project, or counsel assigned in accordance with the rules of the court, all filing costs shall be waived by the clerk without the necessity of a court order. Fees for the service of process by sheriffs shall be a charge against the state.

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Poverty

At defendant's request before imposition of fine or fee Not provided for Other Yes

Fee waiver

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New Hampshire N.H. Rev. Stat. § 604-A:2-a Additional Inquiry

Whenever a court appoints counsel pursuant to the provisions of RSA 604-A:2, the court shall conduct an appropriate inquiry as to whether any person who, pursuant to RSA 546-A:2, is

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liable for the support of the defendant is financially able to pay for such defendant's counsel. If the court determines that the person liable for support is financially able to pay for said counsel, in whole or in part, the court shall enter an appropriate order requiring said person to reimburse the state for the representation provided; provided, however, that a child shall not be required to reimburse the state for representation provided to his mother or father, a parent shall not be required to reimburse the state for representation provided to a child 18 years of age or older, and any person who was a victim of the crime with which the defendant has been charged shall not be required to reimburse the state for the representation provided. For the purposes of this section, the inquiry conducted by the court shall include notice and hearing to the person liable for support.

All

N/A

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

N/A

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New Hampshire N.H. Rev. Stat. § 604-A:9(I)(b) Repayment

The court shall enter a separate order, pursuant to the rules adopted by the commissioner of administrative services under RSA 604-A:10, IV, setting forth the terms of repayment of fees

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and expenses to the state, or if the court finds that the defendant is financially unable to make such payment or payments setting forth the reasons therefor. A copy of each order shall be forwarded to the commissioner of administrative services. Any defendant subject to an order under this section may petition the court for relief from the obligation imposed by this section, which may be granted only upon a finding that the defendant is unable to comply with the terms of the court's order or any modification of the order by the court. If the court does not order full payment for representation under RSA 604-A, the commissioner of administrative services or his designee shall perform an investigation to determine the defendant's present financial condition and his ability to make repayment and may petition the court for a new repayment order at any time within 6 years from the date of the original order.

All Not provided for Not provided for Not provided for Determined by judge without hearing Yes

N/A

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New Hampshire N.H. Rev. Stat. § 622:31-a Medical Care; Inmate Copayment Required

An inmate shall not be refused medical treatment for financial reasons.

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N/A

At enforcement of fine or fee Not provided for Not provided for Yes Not provided for
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New Hampshire N.H. Rev. Stat. Ann. § 631:2-b(V) Domestic Violence

In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction under this section. The court shall not reduce or suspend

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any sentence or the payment of any fine imposed under this section. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof. Fines imposed under this section shall not be subject to an additional penalty assessment and shall not be subject to the provisions of RSA 618:8 or 618:9. The clerk shall forward all fines collected under this paragraph to the department of health and human services for the purposes of RSA 173-B:15.

All

Not provided for

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

Defer payment or order periodic payments.