Data Explorer: Ability to pay | 50 State Criminal Justice Debt Tool

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
Add to Dashboard + Create New	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 + See more 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.
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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 + See more 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.
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 33-37-2-3	Indigency Hearing — Suspension of Costs — Default — Fees for Representation — Rights and Protections	(a) Except as provided in subsection (b), when the court imposes costs, it shall conduct a hearing to determine whether the convicted person is indigent. If the person is not + See more indigent, the court shall order the person to pay:(1) the entire amount of the costs at the time sentence is pronounced; (2) the entire amount of the costs at some later date; or (3) specified parts of the costs at designated intervals. (b) A court may impose costs and suspend payment of all or part of the costs until the convicted person has completed all or part of the sentence. If the court suspends payment of the costs, the court shall conduct a hearing at the time the costs are due to determine whether the convicted person is indigent. If the convicted person is not indigent, the court shall order the convicted person to pay the costs: (1) at the time the costs are due; or (2) in a manner set forth in subsection (a)(2) through (a)(3). ... (d) Upon any default in the payment of the costs: (1) an attorney representing the county may bring an action on a debt for the unpaid amount; (2) the court may direct that the person, if the person is not indigent, be committed to the county jail and credited toward payment at the rate of twenty dollars ($20) for each twenty-four (24) hour period the person is confined, until the amount paid plus the amount credited equals the entire amount due; or (3) the court may institute contempt proceedings to enforce the court's order for payment of the costs. (e) If, after a hearing under subsection (a) or (b), the court determines that a convicted person is able to pay part of the costs of representation, the court shall order the person to pay an amount of not more than the cost of the defense services rendered on behalf of the person. The clerk shall deposit the amount paid by a convicted person under this subsection in the county’s supplemental public defender services fund established under IC 33-40-3-1.	All	Indigency.	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	The court may suspend the costs.
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 35-33-8-3.3 (b)	Pretrial Services Fees	(b) If a defendant who has a prior unrelated conviction for any offense is charged with a new offense and placed under the supervision of a probation officer or pretrial + See more services agency, the court may order the defendant to pay the pretrial services fee prescribed under subsection (e) if: (1) the defendant has the financial ability to pay the fee; and (2) the court finds by clear and convincing evidence that supervision by a probation officer or pretrial services agency is necessary to ensure the: (A) defendant's appearance in court; or (B) physical safety of the community or of another person.	All	"Defendant has the financial ability to pay the fee."	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	Not provided for
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 35-33-7-6 (a);(c)	Determination of Indigency — Assignment of Counsel — Payment of Fees — Review of Findings	(a) Prior to the completion of the initial hearing, the judicial officer shall determine whether a person who requests assigned counsel is indigent. If the person is found to be indigent, + See more the judicial officer shall assign counsel to the person. ... (c) If the court finds that the person is able to pay part of the cost of representation by the assigned counsel, the court shall order the person to pay the following:(1) For a felony action, a fee of one hundred dollars ($100). (2) For a misdemeanor action, a fee of fifty dollars ($50). The clerk of the court shall deposit fees collected under this subsection in the county's supplemental public defender services fund established under Ind. Code § 33-40-3-1 .	All	Indigency.	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	The individual may be assigned counsel.
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 9-30-9-8	Alcohol Abuse Deterrent Program Fee or Medical Fee	(a) The court shall order a defendant participating in a program under this chapter to pay an alcohol abuse deterrent program fee or a medical fee, or both, unless the + See more court determines that the defendant is indigent.	Felony	"Indigent."	Before imposition of fine or fee	Not provided for	Not provided for	No	Not provided for
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 33-37-3-3 (c);(d)	Actions Commenced by Person Confined by Department of Corrections	(c) If the offender claims exceptional circumstances that render the offender unable to pay the partial filing fee required by this section, in addition to the statement required by section 2 + See more of this chapter and the statement of account required by subsection (a), the offender shall submit an affidavit of special circumstances setting forth the reasons and circumstances that justify relief from the partial filing fee requirement; (d) If the court approves the application to waive all fees, the court shall give written notice to the offender that all fees and costs relating to the filing and service will be waived. If the court denies the application to waive all fees, the court shall give written notice to the offender that the offender’s case will be dismissed if the partial filing fee is not paid not later than forty-five (45) days after the date of the order, or within an additional period that the court may, upon request, allow. Process concerning the offender’s case may not be served until the fee is paid.	All	"The offender claims exceptional circumstances."	Not provided for	Burden on defendant to show inability to pay	Not provided for	No	The court may award a partial filing fee or may waive all fees.
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 33-37-3-2 (a)(1)	Right to Bring Action Without Paying Fees	(a) Except as provided in subsection (b), a person entitled to bring a civil action or to petition for the appointment of a guardian under IC 29-3-5 may do so without + See more paying the required fees or other court costs if the person files a statement in court, under oath and in writing: (1) declaring that the person is unable to make the payments or to give security for the payments because of the person’s indigency.	All	"The person is unable to make the payments or to give security for the payments because of the person’s indigency."	Not provided for	Burden on defendant to show inability to pay	Not provided for	No	Not provided for
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 33-37-5-9 (c)	Drug Abuse, Prosecution, Interdiction, and Correction Fee	In determining the amount of the drug abuse, prosecution, interdiction, and correction fee assessed against a person under subsection (b), a court shall consider the person's ability to pay the + See more fee.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Not provided for
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 33-37-5-22 (a)(3);(d)	Late Payment Fees - Local Rule	(a) Except as provided in subsections (e) and (f), this section applies to an action if all the following apply:… (3) The defendant is not determined by the court imposing + See more the court costs, fine, or civil penalty to be indigent.; (d) Notwithstanding IC 33-37-2-2, a court may suspend a late payment fee if the court finds that the defendant has demonstrated good cause for failure to make a timely payment of court costs, a fine, or a civil penalty.	All	"Indigent."	Before imposition of fine or fee	Not provided for	Not provided for	No	"A court may suspend a late payment fee if the court finds that the defendant has demonstrated good cause for failure to make a timely payment of court costs, a + See more fine, or a civil penalty."
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 33-37-5-18 (c)	Safe schools fee	In determining the amount of the safe schools fee assessed against a person under subsection (a), a court shall consider the person’s ability to pay the fee.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Not provided for
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 35-50-5-4 (c)	Reimbursement Order	The court shall fix an amount under this section that: (1) may not exceed an amount the person can or will be able to pay; (2) does not harm the + See more person's ability to reasonably be self-supporting or to reasonably support any dependent of the person; and (3) takes into consideration and gives priority to any other restitution, reparation, repayment, costs (including fees), fine, or child support obligations the person is required to pay.	All	Does not exceed amount person can pay, does not harm ability to support self or dependents, takes into account other obligations	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Not provided for
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 35-38-1-18 (a) - (b)	Payment of Fines	(a) Except as provided in subsection (b), whenever the court imposes a fine, it shall conduct a hearing to determine whether the convicted person is indigent. If the person is + See more not indigent, the court shall order:(1) that the person pay the entire amount at the time sentence is pronounced; (2) that the person pay the entire amount at some later date; (3) that the person pay specified parts at designated intervals; or (4) at the request of the person, commitment of the person to the county jail for a period of time set by the court in lieu of a fine. If the court orders a person committed to jail under this subdivision, the person's total confinement for the crime that resulted in the conviction must not exceed the maximum term of imprisonment prescribed for the crime under Ind. Code § 35-50-2 or Ind. Code § 35-50-3. (b) A court may impose a fine and suspend payment of all or part of the fine until the convicted person has completed all or part of the sentence. If the court suspends payment of the fine, the court shall conduct a hearing at the time the fine is due to determine whether the convicted person is indigent. If the convicted person is not indigent, the court shall order the convicted person to pay the fine:	All	Indigency.	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	The court may suspend the fine.
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 33-37-2-3 (a) - (b)	Indigency Hearing — Suspension of Costs — Default — Fees for Representation — Rights and Protections	(a) Except as provided in subsection (b), when the court imposes costs, it shall conduct a hearing to determine whether the convicted person is indigent. If the person is not indigent, + See more the court shall order the person to pay: ... (b) A court may impose costs and suspend payment of all or part of the costs until the convicted person has completed all or part of the sentence. If the court suspends payment of the costs, the court shall conduct a hearing at the time the costs are due to determine whether the convicted person is indigent. If the convicted person is not indigent, the court shall order the convicted person to pay the costs:	All	"indigent."	Not provided for	Not provided for	Determined by judge after hearing	No	The court may "suspend payment of all or part of the costs until the convicted person has completed all or part of the sentence"
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 35-33-8-3.3 (i)	Pretrial Services Fees	(i) A probation department or pretrial services agency may petition a court to: (1) impose a pretrial services fee on a defendant; or (2) increase a defendant’s pretrial services fee; if the financial + See more ability of the defendant to pay a pretrial services fee changes while the defendant is on bail and supervised by a probation officer or pretrial services agency.	All	Not provided for	Not provided for	Not provided for	Not provided for	No	Not provided for
Add to Dashboard + Create New	Kansas	Kan. Stat. Ann. ? 22-4529	Entitlement of defendant to counsel; application fee; disposition of moneys	Any defendant entitled to counsel pursuant to Kan. Stat. Ann. ? 22-4503, and amendments thereto, shall pay an application fee in the amount of $100 to the clerk of the + See more district court. Any defendant entitled to counsel in a proceeding for a violation of a condition of release pursuant to Kan. Stat. Ann. ? 22-3716, and amendments thereto, shall pay an application fee of $100 to the clerk of the district court. Such fee shall be paid regardless of whether the defendant has paid application fees pursuant to this section in any other proceeding. If it appears to the satisfaction of the court that payment of the application fee will impose manifest hardship on the defendant, the court may waive payment of all or part of the application fee. All moneys received pursuant to this section shall be remitted to the state treasurer in accordance with the provisions of Kan. Stat. Ann. ? 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the indigents' defense services fund. If the defendant is acquitted or the case is dismissed, any application fee paid pursuant to this section shall be remitted to the defendant.	All	"manifest hardship"	Before imposition of fine or fee	Not provided for	Not provided for	No	Not provided for
Add to Dashboard + Create New	Kansas	Kan. Stat. Ann. ? 60-2001(b)	Docket fee; authorized only by legislative enactment; poverty affidavit, court review; additional costs; certain sheriff's charges prohibited	(b)?Poverty affidavit in lieu of docket fee. (1) Effect. In any case where a plaintiff by reason of poverty is unable to pay a docket fee, and an affidavit so + See more stating is filed, no fee will be required. An inmate in the custody of the secretary of corrections may file a poverty affidavit only if the inmate attaches a statement disclosing the average account balance, or the total deposits, whichever is less, in the inmate's trust fund for each month in: (A) The six-month period preceding the filing of the action; or (B) the current period of incarceration, whichever is shorter. Such statement shall be certified by the secretary. On receipt of the affidavit and attached statement, the court shall determine the initial fee to be assessed for filing the action and in no event shall the court require an inmate to pay less than $3. The secretary of corrections is hereby authorized to disburse money from the inmate's account to pay the costs as determined by the court. If the inmate has a zero balance in such inmate's account, the secretary shall debit such account in the amount of $3 per filing fee as established by the court until money is credited to the account to pay such docket fee. Any initial filing fees assessed pursuant to this subsection shall not prevent the court, pursuant to subsection (d), from taxing that individual for the remainder of the amount required under subsection (a) or this subsection.(2)?Form of affidavit. The affidavit provided for in this subsection shall set forth a factual basis upon which the plaintiff alleges by reason of poverty an inability to pay a docket fee, including, but not limited to, the source and amount of the plaintiff's weekly income. Such affidavit shall be signed and sworn to by the plaintiff under oath, before one who has authority to administer the oath, under penalty of perjury, Kan. Stat. Ann. ? 2015 Supp. 21-5903, and amendments thereto. The form of the affidavit shall be deemed sufficient if in substantial compliance with the form set forth by the judicial council. (3)?Court review; grounds for dismissal; service of process. The court shall review any petition authorized for filing under this subsection. Upon such review, if the court finds that the plaintiff's allegation of poverty is untrue, the court shall direct the plaintiff to pay the docket fee or dismiss the petition without prejudice. Notwithstanding Kan. Stat. Ann. ? 60-301, and amendments thereto, service of process shall not issue unless the court grants leave following its review.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	lower f ee
Add to Dashboard + Create New	Kansas	Kan. Stat. Ann. ? 8-1567	Driving a commercial motor vehicle under the influence; penalties	In lieu of payment of a fine imposed pursuant to this section, the court may order that the person perform community service specified by the court. The person shall receive + See more a credit on the fine imposed in an amount equal to $5 for each full hour spent by the person in the specified community service. The community service ordered by the court shall be required to be performed not later than one year after the fine is imposed or by an earlier date specified by the court. If by the required date the person performs an insufficient amount of community service to reduce to zero the portion of the fine required to be paid by the person, the remaining balance of the fine shall become due on that date.	Misdemeanor, Felony	Not provided for	At enforcement of fine or fee	Not provided for	Not provided for	No	Community service

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