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. § 13-914(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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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
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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.
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"manifest hardship"

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

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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
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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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Kansas Kan. Stat. Ann. ? 21-6604(d) Authorized dispositions; crimes committed on or after July 1, 1993
(d) In addition to any of the above, the court shall order the defendant to reimburse the county general fund for all or a part of the expenditures by the
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county to provide counsel and other defense services to the defendant. Any such reimbursement to the county shall be paid only after any order for restitution has been paid in full. In determining the amount and method of payment of such sum, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of such sum will impose. A defendant who has been required to pay such sum and who is not willfully in default in the payment thereof may at any time petition the court which sentenced the defendant to waive payment of such sum or any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may waive payment of all or part of the amount due or modify the method of payment.
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payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family

At defendant's request before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing Yes

the court may waive payment of all or part of the amount due or modify the method of payment

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Kansas Kan. Stat. Ann. § 21-6612(c) Criteria for imposing fines
In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that
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its payment will impose.
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes Not provided for
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Kansas Kan. Stat. Ann. § 22-3425(2) Commitment for failure to pay fine and costs
Any person confined in the county jail for failure to pay a fine or costs may be released by the court which imposed sentence, upon satisfactory proof that such person
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is unable to pay such fine and costs. A release under this section shall not discharge a person from his liability to pay the fine and costs adjudged against him, but they may thereafter be collected by execution as on judgments in civil cases.
All Not provided for At enforcement of fine or fee Not provided for Not provided for No

converts to civil judgment

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North Dakota N.D. Cent. Code § 12.1-32-05(1) Imposition of fine--Response to nonpayment
1. The court, in making a determination of the propriety of imposing a sentence to pay a fine, shall consider the following factors:a. The ability of the defendant to pay
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without undue hardship. b. Whether the defendant, other than a defendant organization, gained money or property as a result of commission. c. Whether the sentence to pay a fine will interfere with the defendant's capacity to make restitution. d. Whether a sentence to pay a fine will serve a valid rehabilitative purpose.
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ability of the defendant to pay without undue hardship

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

fine not imposed

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North Dakota N.D. Cent. Code § 12.1-32-08(1) Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation
Before imposing restitution or reparation as a sentence or condition of probation, the court shall hold a hearing on the matter with notice to the prosecuting attorney and to the
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defendant as to the nature and amount of restitution. The court, when sentencing a person adjudged guilty of criminal activities that have resulted in pecuniary damages, in addition to any other sentence the court may impose, shall order that the defendant make restitution to the victim or other recipient as determined by the court, unless the court states on the record, based upon the criteria in this subsection, the reason it does not order restitution or orders only partial restitution. Restitution must include payment to the owner of real property that is contaminated by the defendant in the manufacturing of methamphetamine for the cost of removing the contamination and returning the property to the property's condition before contamination and to any other person that has incurred costs in decontaminating the property. In determining whether to order restitution, the court shall take into account: a. The reasonable damages sustained by the victim or victims of the criminal offense, which damages are limited to those directly related to the criminal offense and expenses actually incurred as a direct result of the defendant's criminal action. This can include an amount equal to the cost of necessary and related professional services and devices relating to physical, psychiatric, and psychological care. The defendant may be required as part of the sentence imposed by the court to pay the prescribed treatment costs for a victim of a sexual offense as defined in chapters 12.1-20 and 12.1-27.2. b. The ability of the defendant to restore the fruits of the criminal action or to pay monetary reparations, or to otherwise take action to restore the victim's property. c. The likelihood that attaching a condition relating to restitution or reparation will serve a valid rehabilitational purpose in the case of the particular offender considered.The court shall fix the amount of restitution or reparation, which may not exceed an amount the defendant can or will be able to pay, and shall fix the manner of performance of any condition or conditions of probation established pursuant to this subsection. The court shall order restitution be paid to the division of adult services for any benefits the division has paid or may pay under chapter 54-23.4 unless the court, on the record, directs otherwise. Any payments made pursuant to the order must be deducted from damages awarded in a civil action arising from the same incident. An order that a defendant make restitution or reparation as a sentence or condition of probation may, unless the court directs otherwise, be filed, transcribed, and enforced by the person entitled to the restitution or reparation or by the division of adult services in the same manner as civil judgments rendered by the courts of this state may be enforced.
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes Not provided for
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North Dakota N.D. Cent. Code § 12.1-32-08(5) Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation
If the court finds that the defendant is unable to pay a fine, supervision fee, reimbursement for indigent defense costs and expenses, or restitution or reparations, the court may order
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the defendant to perform reasonable assigned work in lieu of all or part of a fine, a supervision fee, reimbursement for indigent defense costs and expenses, or restitution or reparations. The defendant may not perform reasonable assigned work in lieu of restitution or reparations unless the person entitled to restitution or reparations has consented in writing or on the record.
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

reasonable assigned work in lieu of all or part of paynment

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North Dakota N.D. Cent. Code § 29-26-22.2 Authority to compromise judgment by county commissioners
The board of county commissioners has authority to compromise and settle any judgment for fines or costs payable to the county treasury after a lapse of two years from the
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filing thereof, if in the opinion of said board said judgment cannot be collected in full. Upon receipt of a certified copy of the board's action, the state's attorney of said county shall in accordance therewith make and file a partial or total satisfaction of said judgment as attorney for the county.
All Not provided for Not provided for Not provided for Administrative decision No Not provided for
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North Dakota N.D. Cent. Code § 29-26-22(4) Judgment for fines--Court administration fee--Community service supervision fee--Special funds--Docketing and enforcement
A court may waive the administration fee or community service supervision fee upon a showing of indigency as provided in section 25-03.1-13. District court administration fees, exclusive of amounts deposited
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in the indigent defense administration fund and the court facilities and improvement fund, and forfeitures must be deposited in the state general fund. A judgment that the defendant pay a fine or fees, or both, may be docketed and if docketed constitutes a lien upon the real estate of the defendant in like manner as a judgment for money rendered in a civil action. The court may allow the defendant to pay any assessed administration fee or community service supervision fee in installments. When a defendant is assessed administration fees or a community service supervision fee, the court may not impose at the same time an alternative sentence to be served if the fees are not paid.
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The statute refers to N.D. Cent. Code § 25-03.1-13(4), which contains a general provision about indigency: "If the court determines that the respondent is indigent, the court shall order that

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appointed counsel be compensated from county funds of the county that is the respondent's place of residence in a reasonable amount based upon time and expenses. After notice and hearing, the court may order a respondent with appointed counsel to reimburse the county for expenditures made on the respondent's behalf."

Not provided for Not provided for Not provided for No

Court may waive the administration fee or community service supervision fee.

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North Dakota N.D. Cent. Code § 12.1-32-08(1) Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation
In determining whether to order restitution, the court shall take into account: . . . The ability of the defendant to restore the fruits of the criminal action or to
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pay monetary reparations, or to otherwise take action to restore the victim's property. . . . The court shall fix the amount of restitution or reparation, which may not exceed an amount the defendant can or will be able to pay, and shall fix the manner of performance of any condition or conditions of probation established pursuant to this subsection.
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ability of defendant to pay monetary reparations

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

amount of restitution shall not exceed ability to pay

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North Dakota N.D. Cent. Code § 27-01-10(3) Fee assessments for funding crime victim and witness programs
The district or municipal judge may assess the fee when sentence is imposed or when sentence is suspended or imposition of sentence is deferred, unless the defendant is indigent and
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unable to pay the fee.
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indigent and unable to pay the fee

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

fee is not assessed

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North Dakota N.D. Cent. Code § 29-07-1.1 Payment of expenses for defense of indigents--Reimbursement of indigent defense costs and expenses--Indigent defense administration fund--Continuing appropriation
For an application for indigent defense services in the district court, a nonrefundable application fee of thirty-five dollars must be paid at the time the application is submitted. The district
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court may extend the time for payment of the fee or may waive or reduce the fee if the court determines the defendant is financially unable to pay all or part of the fee.
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financially unable to pay all or part of the fee

At enforcement of fine or fee Not provided for Not provided for Yes

extend time for payment; reduce fee

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North Dakota N.D. Cent. Code § 29-26-22(4) Judgment for fines--Court administration fee--Community service supervision fee--Special funds--Docketing and enforcement A court may waive the administration fee or community service supervision fee upon a showing of indigence as provided in section 25-03.1-13. All

indigence as provided in section 25-03.1-13

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

fee may be waived; defendant may be allowed to pay in installments

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North Dakota N.D. Cent. Code § 12.1-32-08(4)(a) Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation
Under section 12.1-32-07, the court may order that the defendant reimburse indigent defense costs and expenses as a condition of probation. Unless it finds that there is no likelihood that
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the defendant is or will be able to pay attorney's fees and expenses, the court, in its judgment of conviction, and in any order or amended judgment following a revocation or other postjudgment proceeding, shall notify the defendant, the defendant's probation officer, and the prosecuting attorney of the presumed amount of costs and expenses to be reimbursed, as determined by the commission on legal counsel for indigents, and of the right to a hearing on the reimbursement amount. The reimbursement amount must include an application fee imposed under section 29-07-01.1 if the fee has not been paid before disposition of the case and the court has not waived payment of the fee. If the defendant or prosecutor requests a hearing within thirty days of receiving notice under this subdivision, the court shall schedule a hearing at which the actual amount of attorney's fees and expenses must be shown. In determining the amount and method of reimbursement, the court shall consider the financial resources of the defendant and the nature of the burden that reimbursement of costs and expenses will impose.
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

reimbursement is waived