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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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.

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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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 Minnesota Minn. Stat. Ann. § 244.18(4) Local correctional fees; imposition on offenders

Exemption from fee. — The chief executive officer of the local correctional agency may waive payment of the fee if the officer determines that the offender does not have the ability to

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pay the fee, the prospects for payment are poor, or there are extenuating circumstances justifying waiver of the fee. Instead of waiving the fee, the local correctional agency may require the offender to perform community work service as a means of paying the fee.

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Not provided for

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

Fee waiver; community service.
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 Minnesota Minn. Stat. Ann. § 244.18(2) Local correctional fees; imposition on offenders

Local correctional fees. — A local correctional agency may establish a schedule of local correctional fees to charge persons under the supervision and control of the local correctional agency to defray costs

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associated with correctional services. The local correctional fees on the schedule must be reasonably related to defendants’ abilities to pay and the actual cost of correctional services.

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Not provided for

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

Not provided for
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 Minnesota Minn. Stat. Ann. § 628.29(4) Pretrial diversion program for writers of dishonored checks

Subd. 4. Program components. (a) At a minimum, the pretrial diversion program must require offenders to:
(1) successfully complete an appropriate educational class or classes at their own expense which

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includes information on writing checks and managing money; . . . 
(b) If the prosecutor determines that requiring an offender to pay for the educational class described in paragraph (a), clause (1), would result in an economic hardship to the offender or the offender's family, the prosecutor may waive the requirement.

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An economic hardship to the offender or the offender's family

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

Fee waiver

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