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95 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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California | Cal. Pen. Code § 261.5(e)(3) | Unlawful sexual intercourse with a minor; Misdemeanor or felony violation; Civil penalties |
(3) In addition to any punishment imposed under this section, the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates this section with the proceeds of this fine to be used in accordance with Section 1463.23. The court shall, however, take into consideration the defendant’s ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.
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All |
NA |
Not provided for | Not provided for | Not provided for | Yes |
No defendant shall be denied probation because of his or her inability to pay the fine. |
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California | Cal. Pen. Code § 529.5(c) | Possession, manufacture, or sale of documents falsely purporting to be government identification |
(c) Any person who possesses a document described in subdivision (a) and who knows that the document is not a government-issued document is guilty of a misdemeanor punishable by a fine of not less than one thousand dollars ($1,000) and not more than two thousand five hundred dollars ($2,500). The misdemeanor fine shall be imposed except in unusual cases where the interests of justice would be served. The court may allow an offender to work off the fine by doing community service. If community service work is not available, the misdemeanor shall be punishable by a fine of up to one thousand dollars ($1,000), based on the person’s ability to pay.
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Misdemeanor |
NA |
Not provided for | Not provided for | Not provided for | No |
reduced fine/community service |
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California | Cal. Pen. Code § 1202.4(c) | Restitution; Amount; Hearing and court order; Financial disclosure |
The court shall impose the restitution fine unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record. A defendant's inability to pay shall not be considered a compelling and extraordinary reason not to impose a restitution fine. Inability to pay may be considered only in increasing the amount of the restitution fine in excess of the minimum fine pursuant to paragraph (1) of subdivision (b).
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All |
NA |
Not provided for | Not provided for | Not provided for | No |
A defendant's inability to pay shall not be considered a compelling and extraordinary reason not to impose a restitution fine. Inability to pay may be considered only in increasing the amount of the restitution fine in excess of the minimum fine
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California | Cal. Pen. Code § 262(d) | Rape, Abduction, Carnal Abuse of Children, and Seduction: Spousal rape |
For any order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant’s ability to pay. In no event shall any order to make payments to a battered women’s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.
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All |
NA |
Not provided for | Not provided for | Not provided for | Yes |
Not specified |
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California | Cal. Pen. Code § 1001.90(c) | Diversion Restitution Fee: Imposition of fee; Amount |
(c) The diversion restitution fee shall be ordered regardless of the defendant’s present ability to pay. However, if the court finds that there are compelling and extraordinary reasons, the court may waive imposition of the fee. When the waiver is granted, the court shall state on the record all reasons supporting the waiver. Except as provided in this subdivision, the court shall impose the separate and additional diversion restitution fee required by this section.
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All |
NA |
Not provided for | Not provided for | Other | No |
Court may waive imposition of the fee. |
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California | Cal. Health & Saf. Code § 11350(b) | UNIFORM CONTROLLED SUBSTANCES ACT; Offenses and Penalties; Offenses Involving Controlled Substances Formerly Classified as Narcotics |
(b) Except as otherwise provided in this division, whenever a person who possesses any of the controlled substances specified in subdivision (a), the judge may, in addition to any punishment provided for pursuant to subdivision (a), assess against that person a fine not to exceed seventy dollars ($70) with proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant’s ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.
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All |
NA |
Not provided for | Not provided for | Not provided for | Yes |
parole won't be denied |
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California | Cal. Pen. Code § 264(b) | Punishment for rape; AIDS education fine; Punishment for rape of child or other minor |
(b) In addition to any punishment imposed under this section the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates Section 261 or 262 with the proceeds of this fine to be used in accordance with Section 1463.23. The court shall, however, take into consideration the defendant’s ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.
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All |
NA |
Not provided for | Not provided for | Not provided for | Yes |
No defendant shall be denied probation because of his or her inability to pay the fine. |
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California | Cal. Pen. Code § 1209 | Payment of administrative costs by prisoner permitted to continue regular employment |
Upon conviction of any criminal offense for which the court orders the confinement of a person in the county jail, or other suitable place of confinement, either as the final sentence or as a condition of any grant of probation, and allows the person so sentenced to continue in his or her regular employment by serving the sentence on weekends or similar periods during the week other than their regular workdays and by virtue of this schedule of serving the sentence the prisoner is ineligible for work furlough under Section 1208, the county may collect from the defendant according to the defendant's ability to pay so much of the costs of administration of this section as are allocable to such defendant.
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All |
As used in this section, the term “ability to pay” means the overall capability of the defendant to reimburse the costs, or a portion of the costs, and shall include, but shall not be limited to, the following:(a) The defendant's present financial position. (b) The defendant's reasonably discernible future financial position. In no event shall the court consider a period of more than six months from the date of the hearing for purposes of determining reasonably discernible future financial position. (c) Likelihood that the defendant shall be able to obtain employment within the six-month period from the date of the hearing. (d) Any other factor or factors which may bear upon the defendant's financial capability to reimburse the county for the costs.
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Not provided for | Not provided for | Not provided for | Yes |
NA |
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California | Cal. Pen. Code § 1202.4(d) | Restitution; Amount; Hearing and court order; Financial disclosure |
(d) In setting the amount of the fine pursuant to subdivision (b) in excess of the minimum fine pursuant to paragraph (1) of subdivision (b), the court shall consider any relevant factors, including, but not limited to, the defendant’s inability to pay, the seriousness and gravity of the offense and the circumstances of its commission, any economic gain derived by the defendant as a result of the crime, the extent to which any other person suffered losses as a result of the crime, and the number of victims involved in the crime. Those losses may include pecuniary losses to the victim or his or her dependents as well as intangible losses, such as psychological harm caused by the crime. Consideration of a defendant’s inability to pay may include his or her future earning capacity. A defendant shall bear the burden of demonstrating his or her inability to pay. Express findings by the court as to the factors bearing on the amount of the fine shall not be required. A separate hearing for the fine shall not be required.
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All |
NA |
Not provided for | Burden on defendant to show inability to pay | Other | No |
NA |
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California | Cal. Pen. Code § 1209.5 | Community service in lieu of fine for infraction |
(a) Notwithstanding any other law, the court shall permit a person convicted of an infraction, upon a showing that payment of the total fine would pose a hardship on the defendant or his or her family, to elect to perform community service in lieu of the total fine that would otherwise be imposed.
(b) For purposes of this section, the term “total fine” means the total bail, including the base fine and all assessments, penalties, and additional moneys to be paid by the defendant. (c)(1) For purposes of this section, the hourly rate applicable to community service performed pursuant to this section shall be double the minimum wage set for the applicable calendar year, based on the schedule for an employer who employs 25 or fewer employees, as established in paragraph (2) of subdivision (b) of Section 1182.12 of the Labor Code. (2) Notwithstanding paragraph (1), a court may by local rule increase the amount that is credited for each hour of community service performed pursuant to this section, to exceed the hourly rate described in paragraph (1). |
Misdemeanor |
NA |
Not provided for | Not provided for | Not provided for | Yes |
Community service |
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California | Cal. Gov. Code § 29550(d)(2) | Funds - Criminal Justice Administrative Fees: Imposition of fee |
The court shall, as a condition of probation, order the convicted person, based on his or her ability to pay, to reimburse the county for the criminal justice administration fee, including applicable overhead costs.
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Other | Not provided for | Not provided for | Not provided for | Not provided for | No | Not provided for |
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California | Cal. Pen. Code § 987.8(b), (d)-(f) | Of the Arraignment of the Defendant: Determination of assets subject to attachment; Determination and order for payment of costs of counsel; Proceedings; Enforcement |
(b) If a defendant is provided legal assistance, either through the public defender or private counsel appointed by the court, upon conclusion of the criminal proceedings in the trial court or upon the withdrawal of the public defender or appointed private counsel, the court may, after notice and a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost thereof. The court may, in its discretion, hold one such additional hearing within six months of the conclusion of the criminal proceedings. The court may, in its discretion, order the defendant to appear before a county officer designated by the court to make an inquiry into the ability of the defendant to pay all or a portion of the legal assistance provided.
(d) If the defendant, after having been ordered to appear before a county officer, has been given proper notice and fails to appear before a county officer within 20 working days, the county officer shall recommend to the court that the full cost of the legal assistance be ordered to be paid by the defendant. The notice to the defendant shall contain all of the following: (1) A statement of the cost of the legal assistance provided to the defendant as determined by the court. (2) The defendant’s procedural rights under this section. (3) The time limit within which the defendant’s response is required. (4) A warning that if the defendant fails to appear. (e)(1) At a hearing, the defendant shall be entitled to, but shall not be limited to, all of the following rights: (A) The right to be heard in person. (B) The right to present witnesses and other documentary evidence. (C) The right to confront and cross-examine adverse witnesses. (D) The right to have the evidence against him or her disclosed to him or her. (E) The right to a written statement of the findings of the court. (2) If the court determines that the defendant has the present ability to pay all or a part of the cost, the court shall set the amount to be reimbursed and order the defendant to pay the sum to the county in the manner in which the court believes reasonable and compatible with the defendant’s financial ability. Failure of a defendant who is not in custody to appear after due notice is a sufficient basis for an order directing the defendant to pay the full cost of the legal assistance determined by the court. The order to pay all or a part of the costs may be enforced in the manner provided for enforcement of money judgments generally but may not be enforced by contempt. (f) Prior to the furnishing of counsel or legal assistance by the court, the court shall give notice to the defendant that the court may, after a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost of counsel. The court shall also give notice that, if the court determines that the defendant has the present ability, the court shall order him or her to pay all or a part of the cost. The notice shall inform the defendant that the order shall have the same force and effect as a judgment in a civil action and shall be subject to enforcement against the property of the defendant in the same manner as any other money judgment. |
Felony |
(g)(2) “Ability to pay” means the overall capability of the defendant to reimburse the costs, or a portion of the costs, of the legal assistance provided to him or her, and shall include, but not be limited to, all of the following: (A) The defendant’s present financial position. (B) The defendant’s reasonably discernible future financial position. In no event shall the court consider a period of more than six months from the date of the hearing for purposes of determining the defendant’s reasonably discernible future financial position. Unless the court finds unusual circumstances, a defendant sentenced to state prison, or to county jail for a period longer than 364 days, including, but not limited to, a sentence imposed pursuant to subdivision (h) of Section 1170, shall be determined not to have a reasonably discernible future financial ability to reimburse the costs of his or her defense. (C) The likelihood that the defendant shall be able to obtain employment within a six-month period from the date of the hearing. (D) Any other factor or factors that may bear upon the defendant’s financial capability to reimburse the county for the costs of the legal assistance provided to the defendant.
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Before imposition of fine or fee | Not provided for | Determined by judge after hearing | Yes |
Court may waive or reduce fee |
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California | Cal. Pen. Code § 1209 | Payment of administrative costs by prisoner permitted to continue regular employment |
Upon conviction of any criminal offense for which the court orders the confinement of a person in the county jail, or other suitable place of confinement, either as the final sentence or as a condition of any grant of probation, and allows the person so sentenced to continue in his or her regular employment by serving the sentence on weekends or similar periods during the week other than their regular workdays and by virtue of this schedule of serving the sentence the prisoner is ineligible for work furlough under Section 1208, the county may collect from the defendant according to the defendant's ability to pay so much of the costs of administration of this section as are allocable to such defendant. The amount of this fee shall not exceed the actual costs of such confinement and may be collected prior to completion of each weekly or monthly period of confinement until the entire sentence has been served, and the funds shall be deposited in the county treasury pursuant to county ordinance.
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All |
In making a determination of whether a defendant has the ability to pay, the court shall take into account the amount of any fine imposed upon the defendant and any amount the defendant has been ordered to pay in restitution.As used in this section, the term “ability to pay” means the overall capability of the defendant to reimburse the costs, or a portion of the costs, and shall include, but shall not be limited to, the following: (a) The defendant's present financial position. (b) The defendant's reasonably discernible future financial position. In no event shall the court consider a period of more than six months from the date of the hearing for purposes of determining reasonably discernible future financial position. (c) Likelihood that the defendant shall be able to obtain employment within the six-month period from the date of the hearing. (d) Any other factor or factors which may bear upon the defendant's financial capability to reimburse the county for the costs.
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Not provided for | Not provided for | Determined by judge after hearing | Yes |
reduce fee |
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California | Cal. Health & Saf. Code § 11150(d) | Control of Users of Controlled Substances: Addicts |
(d) In addition to any fine assessed under this section, the judge may assess a fine not to exceed seventy dollars ($70) against a person who violates this section, with the proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant’s ability to pay, and a defendant shall not be denied probation because of his or her inability to pay the fine permitted under this subdivision.
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Misdemeanor | Not provided for | Not provided for | Not provided for | Not provided for | No | Not provided for |
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California | Cal. Health & Saf. Code § 11550(d) | Control of Users of Controlled Substances: Addicts |
(d) In addition to any fine assessed under this section, the judge may assess a fine not to exceed seventy dollars ($70) against a person who violates this section, with the proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant’s ability to pay, and a defendant shall not be denied probation because of his or her inability to pay the fine permitted under this subdivision.
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Misdemeanor |
Not provided for. |
At enforcement of fine or fee | Not provided for | Determined by judge without hearing | No |
Not provided for. |
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California | Cal. Pen. Code § 136.2(a)(1)(G)(i), (iv) | Kathy’s Law; Electronic monitoring of defendants accused of domestic violence; Payment for electronic monitoring |
(a)(1) Upon a good cause belief that harm to, or intimidation or dissuasion of, a victim or witness has occurred or is reasonably likely to occur, a court with jurisdiction over a criminal matter may issue orders, including, but not limited to, the following:
(G)(i) An order protecting a victim or witness of violent crime from all contact by the defendant, or contact, with the intent to annoy, harass, threaten, or commit acts of violence, by the defendant. The court or its designee shall transmit orders made under this paragraph to law enforcement personnel within one business day of the issuance, modification, extension, or termination of the order, pursuant to subdivision (a) of Section 6380 of the Family Code. It is the responsibility of the court to transmit the modification, extension, or termination orders made under this paragraph to the same agency that entered the original protective order into the Domestic Violence Restraining Order System. (iv) A protective order issued under this subparagraph may require the defendant to be placed on electronic monitoring if the local government, with the concurrence of the county sheriff or the chief probation officer with jurisdiction, adopts a policy to authorize electronic monitoring of defendants and specifies the agency with jurisdiction for this purpose. If the court determines that the defendant has the ability to pay for the monitoring program, the court shall order the defendant to pay for the monitoring. If the court determines that the defendant does not have the ability to pay for the electronic monitoring, the court may order electronic monitoring to be paid for by the local government that adopted the policy to authorize electronic monitoring. The duration of electronic monitoring shall not exceed one year from the date the order is issued. At no time shall the electronic monitoring be in place if the protective order is not in place. |
Misdemeanor, Felony |
Not provided for. |
At enforcement of fine or fee | Not provided for | Determined by judge without hearing | No |
The local government that adopted the policy to authorize electronica monitoring pays the fee. |
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California | Cal. Pen. Code § 136.2(i)(1), (3) | Kathy’s Law; Electronic monitoring of defendants accused of domestic violence; Payment for electronic monitoring |
(1) In all cases in which a criminal defendant has been convicted of a crime involving domestic violence as defined in Section 13700 or in Section 6211 of the Family Code, a violation of subdivision (a) of Section 236.1, Section 261, 261.5, 262, subdivision (a) of Section 266h, or subdivision (a) of Section 266i, a violation of Section 186.22, or a crime that requires the defendant to register pursuant to subdivision (c) of Section 290, the court, at the time of sentencing, shall consider issuing an order restraining the defendant from any contact with a victim of the crime. The order may be valid for up to 10 years, as determined by the court. This protective order may be issued by the court regardless of whether the defendant is sentenced to the state prison or a county jail or subject to mandatory supervision, or whether imposition of sentence is suspended and the defendant is placed on probation. It is the intent of the Legislature in enacting this subdivision that the duration of any restraining order issued by the court be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of a victim and his or her immediate family.
(3) An order under this subdivision may include provisions for electronic monitoring if the local government, upon receiving the concurrence of the county sheriff or the chief probation officer with jurisdiction, adopts a policy authorizing electronic monitoring of defendants and specifies the agency with jurisdiction for this purpose. If the court determines that the defendant has the ability to pay for the monitoring program, the court shall order the defendant to pay for the monitoring. If the court determines that the defendant does not have the ability to pay for the electronic monitoring, the court may order the electronic monitoring to be paid for by the local government that adopted the policy authorizing electronic monitoring. The duration of the electronic monitoring shall not exceed one year from the date the order is issued. |
Misdemeanor, Felony |
Not provided for. |
At enforcement of fine or fee | Not provided for | Determined by judge without hearing | No |
The local government that adopted the policy authorizing electronic monitoring pays the fee. |
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California | Cal. Pen. Code § 273a(c)(3)(B) | Endangering child or causing or permitting child to suffer physical pain, mental suffering, or injury; Conditions of probation |
(B) The terms of probation for offenders shall not be lifted until all reasonable fees due to the counseling program have been paid in full, but in no case shall probation be extended beyond the term provided in subdivision (a) of Section 1203.1. If the court finds that the defendant does not have the ability to pay the fees based on the defendant’s changed circumstances, the court may reduce or waive the fees.
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Misdemeanor, Felony |
Not provided for. |
Not provided for | Not provided for | Not provided for | No |
None |
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California | Cal. Pen. Code § 294(b) | Restitution fine to be imposed on conviction of violation of specified offenses against children |
(b) Upon conviction of any person for a violation of Section 261, 264.1, 285, 286, 287, or 289 or former Section 288a, where the violation is with a minor under the age of 14 years, the court may, in addition to any other penalty or restitution fine imposed, order the defendant to pay a restitution fine based on the defendant’s ability to pay not to exceed five thousand dollars ($5,000), upon a felony conviction, or one thousand dollars ($1,000), upon a misdemeanor conviction, to be deposited in the Restitution Fund to be transferred to the county children’s trust fund for the purpose of child abuse prevention.
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Misdemeanor, Felony |
Not provided for. |
At enforcement of fine or fee | Not provided for | Determined by judge without hearing | No |
None |
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California | Cal. Pen. Code § 594(d) | Vandalism; Punishment |
(d) If a minor is personally unable to pay a fine levied for acts prohibited by this section, the parent of that minor shall be liable for payment of the fine. A court may waive payment of the fine, or any part thereof, by the parent upon a finding of good cause.
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Misdemeanor, Felony |
Not provided for. |
At enforcement of fine or fee | Not provided for | Determined by judge without hearing | No |
Parent pays fine or fine waived. |
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