50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Ability to Pay
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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.
7 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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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 § 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.