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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Utah Utah R. Crim. P. 15 Expert Witnesses
Upon showing that a defendant is financially unable to pay the fees of an expert whose services are necessary for adequate defense, the witness fee shall be paid as if
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he were called on behalf of the prosecution.
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unable to pay fees

Before imposition of fine or fee Burden on defendant to show inability to pay Not provided for No

costs covered by state

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Utah Utah Code Ann. § 76-5-502  Request for testing--Mandatory testing--Liability for costs the alleged offender who is tested is responsible upon conviction for the costs of testing, unless the alleged offender is indigent.  All

indigent

Not provided for Not provided for Not provided for Yes

costs covered by state

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Utah Utah Code Ann. § 77-32a-3 Ability to pay
The court shall not include in the judgment a sentence that a defendant pay costs unless the defendant is or will be able to pay them. In determining the amount
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and method of payment of costs, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose and that restitution be the first priority
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes Not provided for
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Utah Utah Code Ann. § 76-3-201.1 Collection of criminal judgments--reduce fines
When a defendant defaults in the payment of a criminal judgment account receivable or any installment of that receivable, the court, on motion of the prosecution, victim, or upon its
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own motion may: (a) order the defendant to appear and show cause why the default should not be treated as contempt of court; or (b) issue a warrant of arrest... (5) If it appears to the satisfaction of the court that the default is not contempt, the court may enter an order for any of the following or any combination of the following...(f) except as limited by Subsection (6) [restitution] ... reduce or revoke the unpaid amount of the criminal judgment account receivable
All Not provided for At enforcement of fine or fee Not provided for Not provided for No

reduction or revocation of fine

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Utah Utah Code Ann. § 77-32-202(2)(a) Procedure for determination of indigence--Standards
Any defendant claiming indigence who is charged with a crime the penalty of which is a class A misdemeanor or serious offense shall file with the court a fully complete
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affidavit verified by a notary or other person authorized by law to administer an oath and file a copy of that affidavit with the prosecuting entity. The affidavit shall contain the factual information required in this section and by the court. . . “Indigence” means that a person: (i) does not have sufficient income, assets, credit, or other means to provide for the payment of legal counsel and all other necessary expenses of representation without depriving that person or the family of that person of food, shelter, clothing, and other necessities; or (ii) has an income level at or below 150% of the United States poverty level as defined by the most recently revised poverty income guidelines published by the United States Department of Health and Human Services; and (iii) has not transferred or otherwise disposed of any assets since the commission of the offense with the intent of establishing eligibility for the appointment of counsel under this chapter.
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does not have sufficient income, assets, credit or other means to provide for payment of legal counsel and all other necessary expenses without depriving that person or the family of

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that person of basic necessities OR has income level at or below 150 percent of US poverty level and has not transferred or disposed of property since the commission of the offense

Not provided for Not provided for Not provided for No

cost of attorneys fees covered

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Washington DC DC ST § 16-711 (b) Restitution or reparation
(b) When restitution or reparation is ordered, the court shall take into consideration the number of victims, the actual damage of each victim, the resources of the defendant, the defendant's
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ability to earn, any obligation of the defendant to support dependents, and other matters as pertain to the defendant's ability to make restitution or reparation.
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"… the court shall take into consideration… resources of the defendant, the defendant's ability to earn, any obligation of the defendant to support dependents…"

Before imposition of fine or fee Not provided for Determined by judge after hearing Yes Not provided for
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Washington DC DC ST § 11-2604 (f) Payment for representation
(f) If a person for whom counsel is appointed under this section appeals to the District of Columbia Court of Appeals, such person may do so without prepayment of fees
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and costs or security therefor and without filing the affidavit required by section 1915(a) of title 28, United States Code.
All Not provided for Before imposition of fine or fee Not provided for Other Yes

May proceed without prepayment of fees

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Washington DC DC ST § 23-106 Witnesses for defense; fees
The court shall order at any time that a subpoena be issued for service upon a named witness on behalf of a defendant if the defendant makes an application for
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such an order and makes a satisfactory showing that he is financially unable to pay the fees of the witness and that the presence of the witness is necessary to an adequate defense. If the court orders the subpoena to be issued the costs incurred by the process and the fees of the witness so subpoenaed shall be paid in the same manner in which similar costs and fees are paid in case of a witness subpoenaed in behalf of the prosecuting authority.
All Not provided for At defendant's request before imposition of fine or fee Burden on defendant to show inability to pay Not provided for Yes

Subpoena and witness fees will be paid by government

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Washington DC DC ST § 11-2605 Services other than counsel
Counsel for a person who is financially unable to obtain investigative, expert, or other services necessary for an adequate defense may request them in an ex parte application. Upon finding,
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after appropriate inquiry in an ex parte proceeding, that the services are necessary and that the person is financially unable to obtain them, the court shall authorize counsel to obtain the services.
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financially unable to obtain necessary services

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

Cost paid for

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Washington DC D.C. Super. Ct. R. Crim. P. 113 (b) Witness fees
Payment from public funds. No witness entitled to any payment under paragraph (a) shall be paid from public funds except upon certification
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of the witness that the witness was compelled by subpoena to attend as a witness on behalf of a defendant unable to pay or was present pursuant to the direction of the Court or prosecutor, in a specified pending criminal case and that the witness did attend. Such certification shall be endorsed by the Court or by the counsel of record issuing the subpoena or direction and shall be submitted to the Clerk of the Court for certification. The Executive Officer upon submission of the endorsed and verified certification shall make payment by cash or check
All Not provided for Not provided for Burden on defendant to show inability to pay Not provided for No

Cost paid for