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Below are the ability to pay laws that meet your search criteria. Many include a See related provisions prompt which searches our database for laws that may pertain to your result.
4 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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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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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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Vermont | Vt. Stat. Ann. tit. 13 § 7180(c)(3),(4)(C) | Remedies for failure to pay fines, costs, surcharges, and penalties |
(c) Civil contempt proceeding. (3) Hearing. -- The hearing shall be conducted in a summary manner. The court shall examine the defendant and any other witnesses and may require the defendant to produce documents relevant to the defendant's ability to pay the amount due. Evidence is admissible if it is of a type commonly relied upon by a reasonably prudent person in the conduct of his or her affairs. The Vermont Rules of Evidence shall not apply except that the rules related to privilege shall apply. The State shall not be a party except with the permission of the court. The defendant may be represented by counsel at the defendant's own expense.
(4)(C) If the court concludes that the defendant is not in contempt because the defendant does not have the ability to pay the amount due, the court may: (i) suspend all or any part of the amount due in the interests of justice, except that the court may not waive surcharges imposed pursuant to section 7282 of this title; (ii) order the defendant to participate in the Restorative Justice Program conducted by a community reparative board and direct the reparative board to determine an appropriate amount of community service to be performed in lieu of all or part of the amount due. |
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Not provided for |
At enforcement of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | Yes |
Suspend all or any part of the amount due in the interests of justice, except that the court may not waive surcharges imposed pursuant to section 7282 of this title; order the defendant to participate in the Restorative Justice Program conducted by a community reparative board and direct the reparative board to determine an appropriate amount of community service to be performed in lieu of all or part of the amount due.
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Vermont | Vt. Stat. Ann. tit. 13 § 7043(d)(2),(e)(1) | Restitution |
(d) In awarding restitution, the Court shall make findings with respect to: . . . (2) The offender's current ability to pay restitution, based on all financial information available to the Court, including information provided by the offender.
(e)(1) An order of restitution shall establish the amount of the material loss incurred by the victim, which shall be the restitution judgment order. In the event the offender is unable to pay the restitution judgment order at the time of sentencing, the court shall establish a restitution payment schedule for the offender based upon the offender's current and reasonably foreseeable ability to pay, subject to modification under subsection (l) of this section. |
All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | Yes |
Payment plan |
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Vermont | Vt. Stat. Ann. tit. 4 § 1109(c)(4)(A) | Remedies for failure to pay; contempt |
(4)(A) Hearing. The hearing shall be conducted in a summary manner. The hearing officer shall examine the defendant and any other witnesses and may require the defendant to produce documents relevant to the defendant's ability to pay the amount due. The State or municipality shall not be a party except with the permission of the hearing officer. The defendant may be represented by counsel at the defendant's own expense.
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All |
Not provided for |
At enforcement of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
May not be held in contempt for failure to pay. |
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