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30 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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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 morefees 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.
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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 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 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.
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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 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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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 + See moredistrict 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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All |
"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 + See morestating 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.
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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 + See morea 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.
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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 + See morecounty 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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All |
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 + See moreits payment will impose.
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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 + See moreis 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.
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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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Oregon | Or. Rev. Stat. § 161.645 | Ability to pay -- prior to imposition of fine |
In determining whether to impose a fine and its amount, the court shall consider:
(1) The financial resources of the defendant and the burden that payment of a fine will impose, + See morewith due regard to the other obligations of the defendant; and
(2) The ability of the defendant to pay a fine on an installment basis or on other conditions to be fixed by the court. [1971 c.743 §78]
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All |
(1) The financial resources of the defendant and the burden that payment of a fine will impose, with due regard to the other obligations of the defendant; and ability of the defendant to pay a fine on an installment basis or on other conditions to be fixed by the court. [1971 c.743 §78]
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Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Payment plan |
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Oregon | Or. Rev. Stat. § 135.050(1) | Eligibility for court-appointed counsel; financial statement; termination; civil liability |
(1) Suitable counsel for a defendant shall be appointed by a municipal, county or justice court if:(a) The defendant is before a court on a matter described in subsection (5) of this section; (b) The defendant requests aid of counsel; (c) The defendant provides to the court a written and verified financial statement; and (d) It appears to the court that the defendant is financially unable to retain adequate representation without substantial hardship in providing basic economic necessities to the defendant or the defendants dependent family.
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All |
Substantial hardship in providing basic economic necessities to the defendant or the defendants' dependent family |
Not provided for | Not provided for | Determined by judge after hearing | Yes |
N/A |
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Oregon | Or. Rev. Stat. § 135.050(2) | Eligibility for court-appointed counsel; financial statement; termination; civil liability |
(2) Suitable counsel for a defendant shall be appointed by a circuit court if: (a) The defendant is before the court on a matter described in subsection (5) of this section; (b) The defendant requests aid of counsel; (c) The defendant provides to the court a written and verified financial statement; and (d)(A) The defendant is determined to be financially eligible under ORS 151.485 (Financial eligibility) and the standards established by the Public Defense Services Commission under ORS 151.216 (Duties); or (B) The court finds, on the record, substantial and compelling reasons why the defendant is financially unable to retain adequate representation without substantial hardship in providing basic economic necessities to the defendant or the defendants dependent family despite the fact that the defendant does not meet the financial eligibility standards established by the commission.
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All |
Substantial hardship in providing basic economic necessities to the defendant or the defendants dependent family despite the fact that the defendant does not meet the financial eligibility standards established by the commission.
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Not provided for | Not provided for | Determined by judge after hearing | Yes |
N/A |
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Oregon | Or. Rev. Stat. § 151.485(1)-(2) | Financial eligibility; determination; financial statement; termination of appointed counsel |
(1) For purposes of determining the financial eligibility for appointed counsel of persons with a constitutional or statutory right to counsel in matters before the state courts and whose counsel is authorized to be paid by the public defense services executive director under ORS 151.219 (Public defense services executive director), a person is financially eligible for appointed counsel if the person is determined to be financially unable to retain adequate counsel without substantial hardship in providing basic economic necessities to the person or the persons dependent family under standards established by the Public Defense Services Commission under ORS 151.216.
(2) A determination of financial eligibility shall be made upon the basis of information contained in a detailed financial statement submitted by the person for whom counsel is requested or appointed or, in an appropriate case, by the persons parent, guardian or custodian. The financial statement shall be in the form prescribed by the Public Defense Services Commission. The form shall contain a full disclosure of all assets, liabilities, current income, dependents and other information required by ORS 135.050 (4) and, in addition, any information required by the commission and state courts as necessary to determine eligibility. The commission shall adopt uniform statewide guidelines and procedures that prescribe how to use the form and determine financial eligibility for appointed counsel. |
All |
Substantial hardship in providing basic economic necessities to the person or the persons dependent family under standards established by the Public Defense Services Commission under ORS 151.216. |
Not provided for | Not provided for | Determined by judge after hearing | Yes |
N/A |
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Oregon | Or. Rev. Stat. § 137.106(4)(a) | Restitution to victims; objections by defendant |
If a judgment or supplemental judgment described in subsection (1) of this section includes restitution, a court may delay the enforcement of the monetary sanctions, including restitution, only if the defendant alleges and establishes to the satisfaction of the court the defendants inability to pay the judgment in full at the time the judgment is entered. If the court finds that the defendant is unable to pay, the court may establish or allow an appropriate supervising authority to establish a payment schedule, taking into consideration the financial resources of the defendant and the burden that payment of restitution will impose, with due regard to the other obligations of the defendant. The supervising authority shall be authorized to modify any payment schedule established under this section.
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All |
Not provided for |
At defendant's request at enforcement | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
Payment Plan |
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Oregon | Or. Rev. Stat. § 137.286(3) | Minimum fines for misdemeanors and felonies |
A court may waive payment of the minimum fine established by this section, in whole or in part, if the court finds that requiring payment of the minimum fine would be inconsistent with justice in the case. In making its determination under this subsection, the court shall consider: (a) The financial resources of the defendant and the burden that payment of the minimum fine will impose, with due regard to the other obligations of the defendant; and (b) The extent to which that burden can be alleviated by allowing the defendant to pay the monetary obligations imposed by the court on an installment basis or on other conditions to be fixed by the court.
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Misdemeanor, Felony |
Inconsistent with justice in the case; the financial resources of the defendant and the burden that payment of the minimum fine will impose, with due regard to the other obligations of the defendant; and the extent to which that burden can be alleviated by allowing the defendant to pay the monetary obligations imposed by the court on an installment basis or on other conditions to be fixed by the court.
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Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Fine waiver in whole or in part. |
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Oregon | Or. Rev. Stat. § 161.665(4)-(5) | Costs |
(4) The court may not sentence a defendant to pay costs under this section unless the defendant is or may be able to pay them. In determining the amount and method of payment of costs, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose.
(5) A defendant who has been sentenced to pay costs under this section and who is not in contumacious default in the payment of costs may at any time petition the court that sentenced the defendant for remission of the payment of costs or of any unpaid portion of costs. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the immediate family of the defendant, the court may enter a supplemental judgment that remits all or part of the amount due in costs, or modifies the method of payment under ORS 161.675. |
All |
Financial resources of the defendant and the nature of the burden that payment of costs will impose; amount due will impose manifest hardship on the defendant or the immediate family of the defendant
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At defendant's request at enforcement | Not provided for | Determined by judge without hearing | No |
Cost not imposed; modifies method of payment or remission of payment. |
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Oregon | Or. Rev. Stat. § 151.505(3) | Authority of court to order repayment of costs related to provision of appointed counsel |
The court may not require a person to pay costs under this section unless the person is or may be able to pay the costs. In determining the amount and method of payment of costs, the court shall take account of the financial resources of the person and the nature of the burden that payment of costs will impose.
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All |
Financial resources of the person and the nature of the burden that payment of costs will impose |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Costs not imposed |
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Oregon | Or. Rev. Stat. § 423.570(6) | Monthly fee payable by person on supervised release; use; payment as condition of release; waiver |
In cases of financial hardship or when otherwise advisable in the interest of the released person's rehabilitation: (a) The community corrections manager may waive or reduce the amount of the fee. (b) The sentencing court may waive or reduce the amount of the fee for any person whom the court has sentenced to probation. If any of the fee requirement is reduced by the court, only the court may restore the requirement.
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All |
Financial hardship |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Waive or reduce amount of the fee |
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Oregon | Or. Rev. Stat. § 179.640 | Determination of ability to pay; rules; financial information; notice; order; hearing; appeal. |
(1)(a) The Department of Corrections and the Oregon Health Authority shall establish rules for determining ability to pay for persons in their respective institutions. The rules adopted by each agency shall require, in addition to other relevant factors, consideration of the personal estate, the person’s need for funds for personal support after release, and the availability of third-party benefits such as, but not limited to, Medicare or private insurance. Each agency may also consider the probable length of stay at the state institution. Nothing in this section requires the Department of Corrections to investigate a person’s ability to pay or to issue an ability-to-pay order. (b) When adopting rules under paragraph (a) of this subsection, the Department of Corrections shall consider the person’s needs for funds to pay for the support of the person’s children and to pay any monetary obligations imposed on the person as a result of the person’s conviction.
(2) In determining a person’s ability to pay, none of the agencies may consider as part of the personal estate of the person or the decedent’s estate: (a) Any assets received by or owing to the person and the personal estate of the person, or the decedent’s estate, as compensation from the state for injury, death or, if the collection is being made by the Department of Corrections, the false imprisonment of the person that occurred when the person was in a state institution listed in ORS 179.321 (Responsibility to supervise state institutions) and for which the state admits liability or is found liable through adjudication; and (b) Any real or personal property that the person or an authorized representative of the person can demonstrate was purchased solely with assets referred to in paragraph (a) of this subsection or partially with such assets, to the extent such assets were used in the purchase. (3) A person and the authorized representative of the person, if any, shall provide all financial information requested by the agency that is necessary to determine the person’s ability to pay. To determine ability to pay, the agency may use any information available to the agency, including information provided by the Department of Revenue from personal income tax returns pursuant to ORS 314.840 (Disclosure of information). Upon request, the Department of Revenue shall release copies of tax returns to the agency. When the person or the person’s authorized representative fails to provide evidence to demonstrate an inability to pay full cost of care, the agency may determine the person has the ability to pay the full cost of care. (4) The agency shall provide actual notice to the person and any authorized representative, if known to the agency, of its determination by issuing an ability-to-pay order. The order shall state the person’s full liability and the person’s determined ability to pay. Actual notice means receipt by the person and the authorized representative of notice. The notice shall include a copy of the ability-to-pay order, a description of the person’s appeal rights and the date upon which appeal rights terminate and state the address where a request for hearing may be mailed or delivered. At any time, the agency may reissue an ability-to-pay order to notify an authorized representative as provided by ORS 179.653 (Unpaid costs as lien on property) (4). (5) At any time during the person’s stay at the state institution or within 36 months from the date the person is released, if the agency receives new financial information that shows a change in the person’s financial circumstances, the agency shall consider the changed circumstances and issue a new ability-to-pay order. (6) Orders issued after the person is released may not require the person to make payments toward the cost of care for more than 36 consecutive months following release. However, the agency may collect beyond the 36-month period any payments that became due but were not paid within the 36 months following release. Any remaining balance of full cost of care shall be collected as provided in ORS 179.740 (Collection from estates). (7) Notwithstanding ORS 183.315 (Application of provisions of chapter to certain agencies) (5), if a person or authorized representative disagrees with any ability-to-pay order issued pursuant to this section, the person or authorized representative may request a contested case hearing. To the extent practical, the hearing will be held at a location convenient to the person or the authorized representative. The request must be postmarked within 60 days from the date of the mailing of the ability-to-pay order. If the person or the authorized representative makes a timely request for a contested case hearing, the hearing and any appeal of the final hearing order shall be governed by ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.497 (Awarding costs and attorney fees when finding for petitioner). If the person or the authorized representative fails to make a timely request for a contested case hearing, the ability-to-pay order shall be final and not subject to judicial review, except as subsequently modified by the agency as provided in subsection (5) of this section. (8) On appeal, regardless of other information presented, payment of the full cost of care may be ordered if the person or the authorized representative refuses to produce financial information that the Hearings Officer or administrative law judge determines is relevant and must be produced. [1959 c.652 §4; 1961 c.501 §2; 1967 c.549 §4; 1973 c.806 §3a; 1973 c.823 §§123,159; 1989 c.348 §3; 1997 c.170 §15; 1999 c.159 §2; 2001 c.487 §3; 2003 c.75 §86; 2009 c.595 §149; 2013 c.36 §59; 2015 c.348 §26] |
All |
The rules adopted by each agency shall require, in addition to other relevant factors, consideration of the personal estate, the person’s need for funds for personal support after release, and the availability of third-party benefits such as, but not limited to, Medicare or private insurance. Each agency may also consider the probable length of stay at the state institution. Nothing in this section requires the Department of Corrections to investigate a person’s ability to pay or to issue an ability-to-pay order. (b) When adopting rules under paragraph (a) of this subsection, the Department of Corrections shall consider the person’s needs for funds to pay for the support of the person’s children and to pay any monetary obligations imposed on the person as a result of the person’s conviction.
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Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
N/A |
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