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.

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A lower cost fine or fee based upon the defendant's ability to pay.

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Georgia Ga. Code Ann. § 17-12-51 Repayment of Attorney's Fees as a Condition of Probation

(a)  When a defendant who is represented by a public defender, who is paid in part or in whole by a county, enters a plea of nolo contendere, first offender, or

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guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other expenses of the defense if the payment does not impose a financial hardship upon the defendant or the defendant's dependent or dependents. The defendant shall make the payment through the community supervision officer to the county; (b)  When a defendant who is represented by a public defender, who is paid in part or in whole by a municipality, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other expenses of the defense if the payment does not impose a financial hardship upon the defendant or the defendant's dependent or dependents. The defendant shall make the payment through the community supervision officer to the municipality; (c)  If a defendant who is represented by a public defender, who is paid for entirely by the state, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other costs of the defense if the payment does not impose a financial hardship upon such defendant or such defendant's dependent or dependents. Such defendant shall make such payment through the community supervision officer to the Georgia Public Defender Council for payment to the general fund of the state treasury; (d)  In determining whether or not a payment imposed under this Code section imposes a financial hardship upon a defendant or defendant's dependent or dependents and in determining the amount of the payment to impose, the court shall consider the factors set forth in Code Section 17-14-10. The public defender may provide the court with an estimate of the cost for providing to the defendant the legal representation and other expenses of the defense. If requested by the defendant, the court shall hold a hearing to determine the amount to be paid; (e)  This Code section shall not apply to a disposition involving a child pursuant to Chapter 11 of Title 15, relating to juvenile proceedings.

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"Payment does not impose a financial hardship upon the defendant or the defendant's dependent or dependents;" Definition of "impose financial hardship found in Ga. Code Ann. § 17-14-10.

Not provided for Not provided for Not provided for No Not provided for
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Georgia Ga. Code Ann. § 17-14-5(e) Restitution by Juvenile Delinquent; Retention of Jurisdiction to Enforce Order Against Juvenile After Attainment of Age 21; Transfer of Enforcement Jurisdiction; Parent's Obligation for Restitution

If the court determines that a juvenile is or will be unable to pay all of the restitution ordered, after notice to the juvenile's parent or parents and an opportunity

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for the parent or parents to be heard, the court may order the parent or parents to pay any portion of the restitution ordered that is outstanding where the court or a jury finds by clear and convincing evidence that the parent or parents knew or should have known of the juvenile's propensity to commit such acts and the acts are due to the parent's or parents' negligence or reckless disregard for the juvenile's propensity to commit such acts. Upon the eighteenth birthday of the juvenile, the parental obligation to pay restitution shall be terminated.

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"Is or will be unable to pay all of the restitution ordered."

Before imposition of fine or fee Not provided for Determined by judge after hearing Yes

Requiring the juvenile's parent or parents to pay if they are found to be aware of an negligent or reckless in preventing their juvenile's propensity to commit such acts.

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Georgia Ga. Code Ann. § 15-10-82 Hearing Fee on Application for Search or Arrest Warrant or Deposit Account Fraud Citation; No Fee Assessed Against Certain Alleged Victims

For hearing an application for an arrest or search warrant or deposit account fraud citation, the fee charged shall not exceed $20.00, but this fee may be waived by the issuing magistrate if he

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or she finds that because of the financial circumstances of the party applying for the warrant or citation or for other reasons this fee should not be charged in justice, provided that no fee shall be assessed against the alleged victim of a violation of Code Section 16-5-90, 16-5-91, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5.1, 16-6-22.1, or 16-6-22.2 or against the alleged victim of any domestic violence offense for costs associated with the filing of criminal charges against the stalking offender, sexual offender, or domestic violence offender or for the issuance or service of a warrant, protective order, or witness subpoena arising from the incident of stalking, sexual assault, or domestic violence.

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"Because of the financial circumstances of the party applying for the warrant or citation or for other reasons this fee should not be charged in justice."

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

The court may waive the fee.

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Georgia Ga. Code Ann. § 42-8-102(e) Probation and Supervision; Determination of Fees, Fines, and Restitution; Converting Moneys Owed to Community Service or Educational Advancement; Continuing Jurisdiction; Revocation; Transfer

(1) As used in this subsection, the term: (A)  "Developmental disability" shall have the same meaning as set forth in Code Section 37-1-1. (B)  "Indigent" means an individual who earns less than 100

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percent of the federal poverty guidelines unless there is evidence that the individual has other resources that might reasonably be used without undue hardship for such individual or his or her dependents. (C)  "Significant financial hardship" means a reasonable probability that an individual will be unable to satisfy his or her financial obligations for two or more consecutive months. (D)  "Totally and permanently disabled" shall have the same meaning as set forth in Code Section 49-4-80;  (2)  The court shall waive, modify, or convert fines, statutory surcharges, probation supervision fees, and any other moneys assessed by the court or a provider of probation services upon a determination by the court prior to or subsequent to sentencing that a defendant has a significant financial hardship or inability to pay or that there are any other extenuating factors which prohibit payment or collection; provided, however, that the imposition of sanctions for failure to pay such sums shall be within the discretion of the court through judicial process or hearings; (3)  Unless rebutted by a preponderance of the evidence that a defendant will be able to satisfy his or her financial obligations without undue hardship to the defendant or his or her dependents, a defendant shall be presumed to have a significant financial hardship if he or she: (A)  Has a developmental disability; (B)  Is totally and permanently disabled; (C)  Is indigent; or (D)  Has been released from confinement within the preceding 12 months and was incarcerated for more than 30 days before his or her release.

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"'Indigent; means an individual who earns less than 100 percent of the federal poverty guidelines unless there is evidence that the individual has other resources that might reasonably be used without

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undue hardship for such individual or his or her dependents;  'Significant financial hardship' means a reasonable probability that an individual will be unable to satisfy his or her financial obligations for two or more consecutive months."

Before imposition of fine or fee Not provided for Determined by judge after hearing Yes

The court must either reduce the fine, fee or surcharge to an amount the defendant can pay, or convert it to community service.

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Georgia Ga. Code Ann. § 17-14-10 Factors to be Considered by Ordering Authority in Determining Nature and Amount of Restitution

(a)  In determining the nature and amount of restitution, the ordering authority shall consider: (1) The financial resources and other assets of the offender or person ordered to pay restitution

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including whether any of the assets are jointly controlled; (2) The earnings and other income of the offender or person ordered to pay restitution; (3) Any financial obligations of the offender or person ordered to pay restitution, including obligations to dependents; (4) The amount of damages; (5) The goal of restitution to the victim and the goal of rehabilitation of the offender; (6) Any restitution previously made; (7) The period of time during which the restitution order will be in effect; and (8) Other factors which the ordering authority deems to be appropriate; (b)  If, subsequent to restitution being ordered pursuant to this article, a victim is convicted of a crime for which restitution is ordered, the ordering authority shall consider the previously ordered restitution as part of the financial resources of such victim.

All Not provided for At enforcement of fine or fee Not provided for Other Yes Not provided for
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Georgia Ga. Code. Ann. § 15-21-10 Procedure for Filing and Payment of Claims of Officers of Court When Indictment Found Not True, Defendant Acquitted, or Persons Unable to Pay

In cases where a bill of indictment is preferred and not found true by the grand jury, where a defendant is acquitted by a jury, or where persons liable by

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law for the payment of costs are unable to pay the same, the officers severally entitled to such costs may present an account therefor to the judge of the court in which the prosecutions were pending, which, after being examined and allowed by him, he shall order to be paid in the manner prescribed by law. The account and order shall be entered on the minutes of the court.

All Not provided for At enforcement of fine or fee Not provided for Determined by judge after hearing No

"The officers severally entitled to such costs may present an account therefor to the judge of the court in which the prosecutions were pending, which, after being examined and allowed

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by him, he shall order to be paid in the manner prescribed by law."

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Georgia Ga. Code Ann. § 17-10-1(d) Fixing of Sentence; Suspension or Probation of Sentence; Change in Sentence; Eligibility for Parole; Prohibited Modifications; Exceptions

(1) As used in this subsection, the term: (A)  "Developmental disability" shall have the same meaning as set forth in Code Section 37-1-1. (B)  "Indigent" means an individual who earns less than 100

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percent of the federal poverty guidelines unless there is evidence that the individual has other resources that might reasonably be used without undue hardship for such individual or his or her dependents. (C)  "Significant financial hardship" means a reasonable probability that an individual will be unable to satisfy his or her financial obligations for two or more consecutive months. (D)  "Totally and permanently disabled" shall have the same meaning as set forth in Code Section 49-4-80;  (2)  In determining the financial obligations, other than restitution, to impose on the defendant, the court shall consider: (A)  The defendant's financial resources and other assets, including whether any such assets are jointly controlled; (B)  The defendant's earnings and other income; (C)  The defendant's financial obligations, including obligations to dependents; (D)  The period of time during which the probation order will be in effect; (E)  The goal of the punishment being imposed; and (F)  Any other factor the court deems appropriate;  (3)  In any case involving a violation of local ordinance, misdemeanor, or felony in which the defendant has been punished in whole or in part by a fine, the court shall be authorized to allow the defendant to satisfy such fine or any fee imposed in connection with probation supervision through community service as set forth in Article 3 of Chapter 3 of Title 42. One hour of community service shall equal the dollar amount of one hour of paid labor at the minimum wage under the federal Fair Labor Standards Act of 1938, in effect on January 1, 2018, unless otherwise specified by the court. A defendant shall be required to serve the number of hours in community service which equals the number derived by dividing the amount owed by the defendant, including moneys assessed by a provider of probation services, by the federal minimum hourly wage or by the amount specified by the court. If the court orders educational advancement, the court shall determine the numbers of hours required to be completed. Prior to or subsequent to sentencing, a defendant, or subsequent to sentencing, a community supervision officer, may request that the court make all or any portion of the amount owed by the defendant be satisfied under this subsection;  (4)  At the time of sentencing, the court may waive the imposition of a fine, exclusive of the payment of statutory surcharges, upon a determination that a defendant has a significant financial hardship or inability to pay or other extenuating factors exist that prohibit payment or collection of such fine. When determining significant financial hardship, the court may consider whether the defendant is indigent and whether the defendant or his or her dependents has a developmental disability or is totally and permanently disabled. If the court waives the imposition of a fine under this paragraph, it shall instead impose a theoretical fine and the defendant shall be required to pay the statutory surcharges associated therewith.

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"'Indigent' means an individual who earns less than 100 percent of the federal poverty guidelines unless there is evidence that the individual has other resources that might reasonably be used without

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undue hardship for such individual or his or her dependents. 'Significant financial hardship' means a reasonable probability that an individual will be unable to satisfy his or her financial obligations for two or more consecutive months."

Before imposition of fine or fee Not provided for Determined by judge after hearing No Not provided for
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Georgia Ga. Code Ann. § 15-21A-6(a);(c) Additional Filing Fees; Application Fee For Indigent Defense Services; Remittance of Funds

(a)  In addition to all other legal costs, there shall be charged to the filing party and collected by the clerk an additional filing fee of $15.00 in each civil action

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or case filed in the superior, state, recorder's, mayor's, and magistrate courts except that municipalities, counties, and political subdivisions shall be exempt from such fee. Without limiting the generality of the foregoing, such fee shall apply to all adoptions, certiorari, trade name registrations, applications for change of name, and all other proceedings of a civil nature. Any matter which is docketed upon the official dockets of the enumerated courts and to which a number is assigned shall be subject to such fee, whether such matter is contested or not;  (c)  Any person who applies for or receives legal defense services under Chapter 12 of Title 17 shall pay the entity providing such services a single fee of $50.00 for the application for, receipt of, or application for and receipt of such services. The application fee shall not be imposed if the payment of the fee is waived by the court. The court shall waive the fee if it finds that the applicant is unable to pay the fee or that measurable hardship will result if the fee is charged. If the application fee required by this subsection has not been paid prior to the time the defendant is sentenced, the court shall impose such fee as a condition of probation.

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"Unable to pay the fee or that measurable hardship will result if the fee is charged."

Before imposition of fine or fee Not provided for Determined by judge after hearing No

"The application fee shall not be imposed if the payment of the fee is waived by the court."

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Georgia Ga. Code Ann. § 42-8-34(e)(1) Sentencing Hearings and Determinations; Presentence Investigations; Payment of Fees, Fines, and Costs; Post-Conviction, Presentence Bond; Continuing Jurisdiction; Transferal of Probation Supervision

The court may, in its discretion, require the payment of a fine, fees, or restitution as a condition of probation. Chapter 14 of Title 17 shall control when determining the

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amount of restitution. When probation supervision is required, the court may require the payment of a probation supervision fee as a condition of probation. In determining the financial obligations, other than restitution, to impose on the defendant, the court may consider: (A)  The defendant's financial resources and other assets, including whether any such asset is jointly controlled; (B)  The defendant's earnings and other income; (C)  The defendant's financial obligations, including obligations to dependents; (D)  The period of time during which the probation order will be in effect; (E)  The goal of the punishment being imposed; and (F)  Any other factor the court deems appropriate.

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"The court may consider: (A)  The defendant's financial resources and other assets, including whether any such asset is jointly controlled; (B)  The defendant's earnings and other income; (C)  The defendant's financial obligations, including

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obligations to dependents; (D)  The period of time during which the probation order will be in effect; (E)  The goal of the punishment being imposed; and (F)  Any other factor the court deems appropriate."

Before imposition of fine or fee Not provided for Determined by judge after hearing No Not provided for
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Georgia Ga. Code. Ann. § 42-8-102(c) Probation and Supervision; Determination of Fees, Fines, and Restitution; Converting Moneys Owed to Community Service or Educational Advancement; Continuing Jurisdiction; Revocation; Transfer

The court may, in its discretion, require the payment of a fine, fees, or restitution as a condition of probation. The provisions of Chapter 14 of Title 17 shall control

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in determining the amount of restitution. When probation supervision is required, the court may require the payment of a probation supervision fee as a condition of probation. In determining the financial obligations, other than restitution, to impose on the defendant, the court may consider: (1)  The defendant's financial resources and other assets, including whether any such asset is jointly controlled; (2)  The defendant's earnings and other income; (3)  The defendant's financial obligations, including obligations to dependents; (4)  The period of time during which the probation order will be in effect; (5)  The goal of the punishment being imposed; and (6)  Any other factor the court deems appropriate.(d)  The court may convert fines, statutory surcharges, and probation supervision fees to community service or educational advancement on the same basis as it allows a defendant to pay a fine through community service or educational advancement as set forth in subsection (d) of Code Section 17-10-1.

Misdemeanor

"The court may consider: (1)  The defendant's financial resources and other assets, including whether any such asset is jointly controlled; (2)  The defendant's earnings and other income; (3)  The defendant's financial obligations, including

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obligations to dependents; (4)  The period of time during which the probation order will be in effect; (5)  The goal of the punishment being imposed; and (6)  Any other factor the court deems appropriate."

At enforcement of fine or fee Not provided for Determined by judge after hearing No

Community Service or Educational Advancement.

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Georgia Ga. Code. Ann. § 17-10-1(d) Fixing of Sentence; Suspension or Probation of Sentence; Change in Sentence; Eligibility for Parole; Prohibited Modifications; Exceptions

(1)  As used in this subsection, the term: (A)  "Developmental disability" shall have the same meaning as set forth in Code Section 37-1-1. (B)  "Indigent" means an individual who earns less than 100

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percent of the federal poverty guidelines unless there is evidence that the individual has other resources that might reasonably be used without undue hardship for such individual or his or her dependents. (C)  "Significant financial hardship" means a reasonable probability that an individual will be unable to satisfy his or her financial obligations for two or more consecutive months. (D)  "Totally and permanently disabled" shall have the same meaning as set forth in Code Section 49-4-80.  (2)  In determining the financial obligations, other than restitution, to impose on the defendant, the court shall consider: (A)  The defendant's financial resources and other assets, including whether any such assets are jointly controlled; (B)  The defendant's earnings and other income; (C)  The defendant's financial obligations, including obligations to dependents; (D)  The period of time during which the probation order will be in effect; (E)  The goal of the punishment being imposed; and (F)  Any other factor the court deems appropriate;  (3)  In any case involving a violation of local ordinance, misdemeanor, or felony in which the defendant has been punished in whole or in part by a fine, the court shall be authorized to allow the defendant to satisfy such fine or any fee imposed in connection with probation supervision through community service as set forth in Article 3 of Chapter 3 of Title 42. One hour of community service shall equal the dollar amount of one hour of paid labor at the minimum wage under the federal Fair Labor Standards Act of 1938, in effect on January 1, 2018, unless otherwise specified by the court. A defendant shall be required to serve the number of hours in community service which equals the number derived by dividing the amount owed by the defendant, including moneys assessed by a provider of probation services, by the federal minimum hourly wage or by the amount specified by the court. If the court orders educational advancement, the court shall determine the numbers of hours required to be completed. Prior to or subsequent to sentencing, a defendant, or subsequent to sentencing, a community supervision officer, may request that the court make all or any portion of the amount owed by the defendant be satisfied under this subsection;  (4)  At the time of sentencing, the court may waive the imposition of a fine, exclusive of the payment of statutory surcharges, upon a determination that a defendant has a significant financial hardship or inability to pay or other extenuating factors exist that prohibit payment or collection of such fine. When determining significant financial hardship, the court may consider whether the defendant is indigent and whether the defendant or his or her dependents has a developmental disability or is totally and permanently disabled. If the court waives the imposition of a fine under this paragraph, it shall instead impose a theoretical fine and the defendant shall be required to pay the statutory surcharges associated therewith.

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"'Indigent' means an individual who earns less than 100 percent of the federal poverty guidelines unless there is evidence that the individual has other resources that might reasonably be used without

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undue hardship for such individual or his or her dependents.  'Significant financial hardship' means a reasonable probability that an individual will be unable to satisfy his or her financial obligations for two or more consecutive months."

Not provided for Not provided for Determined by judge after hearing No Not provided for
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Georgia Ga. Code Ann. § 42-8-105(f) Probationer Obligation to Keep Officer Informed of Certain Information; Tolling for Failure to Meet Certain Obligations; Procedure

Any unpaid fines, restitution, or other moneys owed as a condition of probation shall be due when the probationer is arrested; provided, however, that if the entire balance of his

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or her probation is revoked, all the conditions of probation, including moneys owed, shall be negated by his or her imprisonment. If only part of the balance of the probation is revoked, the court shall determine the probationer's responsibility for the amount of the unpaid fines, restitution, and other moneys owed that shall be imposed upon his or her return to probation after release from imprisonment and may reduce arrearages under the same circumstances and conditions as set forth in subsection (f) of Code Section 42-8-102.

All Not provided for At enforcement of fine or fee Not provided for Determined by judge after hearing Yes Not provided for
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Georgia Ga. Code Ann. § 17-14-15(b) Peonage Not Authorized by Article; Denial of Benefits Because of Poverty Prohibited

No offender shall be denied any benefit, relief, or privilege to which he or she might otherwise be entitled or eligible solely because he or she is financially unable and

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cannot become financially able to make restitution.

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Georgia Ga. Code Ann. § 15-9-60(d) Fees

Subject to the provisions of Code Section 15-9-61, and except for the filing of a proceeding in which the filing party also files with the court a sworn affidavit that the

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party is unable because of indigence to pay the cost of court, all sums specified in this Code section shall be paid to the court at the time of filing or as thereafter incurred for services rendered. In accordance with Code Section 15-9-61, the judges of the probate courts are entitled to an advance cost of $30.00 for deposit to be made before filing any proceeding.

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"Indigence to pay the cost of court."

At enforcement of fine or fee Not provided for Determined by judge after hearing No Not provided for
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Michigan Mich. Comp. Laws § 772.6 Failure to pay recognizance
If the person so ordered to recognize refuses or neglects to provide that recognizance, the court shall commit the person to the county jail during the period for which security
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was required, or until the person provides that recognizance. A person shall not be incarcerated for failure to pay the recognizance unless the court conducts a hearing and determines that the person has the resources to pay the recognizance and has not made a good faith effort to do so. In determining whether to incarcerate the person, the court shall also consider the person's employment status, earning ability, and financial resources; the willfulness of the person's failure to pay the recognizance; and any other special circumstances that may have a bearing on the person's ability to pay the recognizance. The court shall state in the warrant the cause of commitment with the sum and the time for which the security was required.
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the person has the resources to pay the recognizance and has not made a good faith effort to do so

At enforcement of fine or fee Not provided for Determined by judge after hearing No

none