50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Ability to Pay
Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
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- Alabama (12)
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- Mississippi (8)
- Missouri (15)
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- Washington (15)
- Washington DC (5)
- West Virginia (16)
- Wisconsin (7)
- Wyoming (17)
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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.
47 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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Arkansas | Ark. Code Ann. § 5-4-205(e)(2);(f)(3) | Restitution |
(e)(2)In determining the method of payment, the court shall take into account: (A) The financial resources of the defendant and the burden that payment of restitution will impose with regard to another obligation of the defendant; (B) The ability of the defendant to pay restitution on an installment basis or on another condition to be fixed by the court; and (C) The rehabilitative effect on the defendant of the payment of restitution and the method of payment....(f) (3) In determining whether to revoke probation or conditional release, the court or releasing authority shall consider: (A) The defendant's employment status; (B) The defendant's earning ability; (C) The defendant's financial resources; (D) The willfulness of the defendant's failure to pay; and (E) Any other special circumstances that may have a bearing on the defendant's ability to pay.
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All |
"The financial resources of the defendant and the burden that payment of restitution will impose with regard to another obligation of the defendant; The ability of the defendant to pay restitution on an installment basis or on another condition to be fixed by the court."
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Not provided for | Not provided for | Determined by judge after hearing | Yes | Not provided for |
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Arkansas | Ark. Const. Art. 2, § 9 | Excessive Bail or Punishment Prohibited -- Witness -- Detention |
Excessive bail shall not be required; nor shall excessive fines be imposed; nor shall cruel or unusual punishments be inflicted; nor witnesses be unreasonably detained. |
All |
Fines cannot be "excessive". |
Not provided for | Not provided for | Not provided for | Yes | Not provided for |
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Arkansas | Ark. Code Ann. § 5-4-303(f) | Conditions of Suspension or Probation |
(1) If the court suspends imposition of sentence on a defendant or places him or her on probation conditioned upon his or her making restitution under subdivision (c)(6) of this section, the court, by concurrence of the victim, defendant, and the prosecuting authority, shall determine the amount to be paid as restitution. (2) After considering the assets, financial condition, and occupation of the defendant, the court shall further determine: (A) Whether restitution shall be total or partial; (B) The amounts to be paid if by periodic payments; and (C) If a personal service is contemplated, the reasonable value and rate of compensation for the personal service rendered to the victim.
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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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Arkansas | Ark. Code Ann. § 16-93-104(b)-(d) | Supervision Fee -- Direct Payment by Offender -- Failure to Pay |
(b) (1) When an offender on probation defaults in the payment of supervision fees or any installment thereof, the court may require the offender to show cause why he or she would not be imprisoned for nonpayment. (2) The offender shall not be imprisoned if the offender is financially unable to make the payments and states so to the court in writing, under oath, and the court so finds. (3) Unless the offender shows that his or her default was not attributable to a purposeful refusal to obey the sentence of the court or to a failure on his or her part to make a good faith effort to obtain the funds required for payment, the court may order the defendant imprisoned until the payments are made. (4) If the court determines that the default in payment is not attributable to the causes specified in subdivision (b)(3) of this section, the court may enter an order allowing the offender additional time for payment, reducing the amount of each installment, or revoking the fees or the unpaid portion thereof in whole or in part. (c) (1) The offender on parole may be imprisoned for violation of parole if the offender is financially able to make the payments and if the payments are not made and the Parole Board so finds, subject to the limitations set out in this subsection. (2) The offender shall not be imprisoned if the offender is financially unable to make the payments and states so under oath to the Parole Board in writing, and the Parole Board so finds. (d) Court costs under § 16-10-305 shall be collected in full before any fees are collected under this section.
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All |
"The offender is financially unable to make the payments." |
Not provided for | Burden on defendant to show inability to pay | Determined by judge without hearing | Yes |
Additional Time, Reduced Payments, Revoke Fees. |
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Arkansas | Ark. Code Ann. § 5-65-114 | Inability to Pay -- Alternative Public Service Work |
If a court finds that a person against whom fines, fees, or court costs are levied for violating this chapter is financially unable to pay the fines, fees, or costs, the court shall order the person to perform public service work as the court determines is appropriate.
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All |
"Financially unable to pay the fines, fees, or costs." |
Not provided for | Not provided for | Not provided for | Yes |
Community Service. |
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Arkansas | Ark. Code Ann. § 5-4-303(g)(2)(B) | Conditions of Suspension or Probation |
The amount of the assessed attorney's fee shall be commensurate with the defendant's ability to pay. |
All | Not provided for | Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
Waiver/Reduction of Fee. |
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Arkansas | A.C.A. § 5-2-331 | Cost of Mental Health Services, Examination, and Treatment of Defendant |
Rules establishing reasonable charges for the cost of treatment or other mental health services under this section shall provide for waiving or postponing the collection of the charges based on: (A) Clinical considerations; (B) The defendant's inability to pay; or (C) A court determination that the defendant is wholly or partly indigent and qualifies for the appointment of an attorney under § 16-87-213.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Administrative decision | No | Not provided for |
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Arkansas | A.C.A. § 16-13-704 | Installment Payments -- Definition |
(a) (1) If the court concludes that the defendant has the ability to pay the fine, but that requiring the defendant to make immediate payment in full would cause a severe and undue hardship for the defendant and the defendant's dependents, the court may authorize payment of the fine by means of installment payments in accordance with this subchapter; (d) "Ability to pay" means that the resources of the defendant, including all available income and resources, are sufficient to pay the fine and provide the defendant and his or her dependents with a reasonable subsistence compatible with health and decency.
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All |
"The resources of the defendant, including all available income and resources, are sufficient to pay the fine and provide the defendant and his or her dependents with a reasonable subsistence compatible with health and decency."
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Before imposition of fine or fee | Not provided for | Not provided for | No | Not provided for |
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Massachusetts | Mass. Gen. Laws ch. 258B, § 8 | Assessments imposed by court |
If it is determined by a written finding of fact that an assessment, other than for a civil motor vehicle infraction imposed by this section would cause a substantial financial hardship to the person against whom the assessment is imposed or the person’s immediate family or the person’s dependents, the court may waive the fee or structure a payment plan in order to ensure compliance with payment; provided, however, that the court may order a person required to pay a domestic violence prevention and victim assistance assessment to complete at least 8 hours of community service in order to satisfy such assessment, if a structured payment would continue to impose a severe financial hardship.
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All |
severe financial hardship |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
waive the fee or structure a payment plan; community service in lieu of payment. |
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Massachusetts | Mass. Gen. Laws ch. 279, § 1 | Suspension of execution; payment of fine; probation; revocation of suspension; exceptions |
When a person convicted before a court is sentenced to imprisonment, the court may direct that the execution of the sentence, or any part thereof, be suspended and that he be placed on probation for such time and on such terms and conditions as it shall fix. When a person so convicted is sentenced to pay a fine and to stand committed until it is paid, the court may direct that the execution of the sentence, or any part thereof, be suspended for such time as it shall fix and in its discretion that he be placed on probation on condition that he pay the fine within such time. If the fine does not exceed two hundred dollars and the court finds that the defendant is unable to pay it when imposed, the execution of the sentence shall be suspended and he may in its discretion be placed on probation, unless the court shall find that he will probably default, or that such suspension will be detrimental to the interests of the public.
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All |
Not provided for |
At enforcement of fine or fee | Not provided for | Determined by judge without hearing | No |
The execution of the sentence, or part of the sentence, may be suspended and the court may in its discretion place the person on probation. |
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Massachusetts | Mass. Gen. Laws ch. 266, § 111B | Fraudulent Motor Vehicle Insurance Claims; Penalties; Reimbursement of Insurer. |
Upon a real or impending change in financial circumstances, a defendant ordered to pay restitution may petition the court for a modification of the amount, time or method of payment of restitution. If the court finds that because of any such change the payment of restitution will impose an undue financial hardship on the defendant or his family, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.
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All |
Payment would impose an undue financial hardship on defendant or his family. |
At defendant's request at enforcement | Not provided for | Determined by judge without hearing | No |
Remission from any payment of restitution or modify the amount, time or method of payment; |
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Massachusetts | Mass. Gen. Laws ch. 266, § 111B | Motor vehicle insurance policies; penalty for fraudulent claims |
If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court shall hold him in contempt unless said defendant has made a good faith effort to pay such restitution. If said defendant has made a good faith effort to pay such restitution, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.
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All |
N/A |
At enforcement of fine or fee | Not provided for | Not provided for | No |
May modify the amount, time or method of payment, but may not grant complete remission. |
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Massachusetts | Mass. Gen. Laws ch. 266, § 111B | Fraudulent Motor Vehicle Insurance Claims; Penalties; Reimbursement of Insurer. |
. . . Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof; provided, however, the court shall consider the defendant’s present and future ability to pay in its determinations regarding a fine; provided, further, that, whenever possible subject to the constraints of this paragraph and the first paragraph of this section, the amount of a fine imposed for a violation of this section shall equal twice the amount of damages or financial loss suffered as a result of the defendant’s crime.
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Felony |
Not provided for |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
N/A |
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Massachusetts | Mass. Gen. Laws ch. 266, § 111B | Fraudulent Motor Vehicle Insurance Claims; Penalties; Reimbursement of Insurer. |
. . . In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes | Not provided for |
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Massachusetts | Mass. Gen. Laws ch. 127, § 145(a)-(b),(d),(f) | Discharge of Poor Prisoners Held for Nonpayment of Fines. |
(a) A court shall not commit a person to a correctional facility solely for non-payment of money owed if such person has established, by a preponderance of the evidence, that the person is unable to pay the fine without causing substantial financial hardship to the person or their immediate family or dependents. A court shall determine whether the payment of a fine would cause such substantial financial hardship after a hearing and, in making such determination, shall consider the person’s employment status, income, financial resources, living expenses, number of dependents and any special circumstances that may affect a person’s ability to pay.
(b) A court shall not commit a person to a correctional facility for non-payment of money owed if such a person is not represented by counsel for the commitment proceeding, unless such person has waived counsel. A person deemed indigent for the purpose of being offered counsel and who is assigned counsel for the commitment portion of a proceeding solely for the nonpayment of money owed shall not be assessed a fee for such counsel. (d) If a court determines that the payment of a fine would cause a substantial financial hardship pursuant to subsection (a), the court may impose an alternative to a fine or sentence to a correctional facility including, without limitation, community service. (f) A person confined to a correctional facility for non-payment of money owed may petition the court for discharge from the correctional facility for an inability to pay the money owed due to a substantial financial hardship. If, after a hearing pursuant to subsection (a), the court determines that the person is not able to pay the money owed without causing a substantial financial hardship to the person, or the person’s immediate family or dependents, the court shall discharge the person from the correctional facility. No filing fee shall be charged for the filing of the petition. |
All |
Substantial financial hardship to the person or their immediate family or dependents; indigdent; |
At enforcement of fine or fee | Not provided for | Not provided for | No |
Discharge from jail when confined for nonpayment of fine; alternative to a fine or sentence to a correctional facility including, without limitation, community service; not assessed a fee for counsel. |
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Massachusetts | Mass. Gen. Laws ch. 266, § 147(e) | Counterfeit Marks — Manufacture, Use or Display. |
Any person convicted under this section shall, in addition to any penalty imposed pursuant to subsection (b), be punished by a fine in an amount not to exceed three times the retail value of the items bearing or of services identified by a counterfeit mark, unless extenuating circumstances are shown by the defendant.
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Misdemeanor |
Extenuating circumstances |
Not provided for | Burden on defendant to show inability to pay | Determined by judge without hearing | Yes |
N/A |
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Massachusetts | Mass. Gen. Laws ch. 266, § 27A | Removing or Concealing Motor Vehicles or Trailers to Defraud Insurers; Reimbursement of Insurers. |
Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof; provided, however, the court shall consider the defendant’s present and future ability to pay in its determinations regarding a find; provided, further, that, whenever possible subject to the constraints of this paragraph and the preceding paragraph, the amount of a fine imposed for a violation of this section shall equal twice the amount of damages or financial loss suffered as a result of the defendant’s crime.
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Felony |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
N/A |
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Massachusetts | Mass. Gen. Laws ch. 266, § 27A | Removing or Concealing Motor Vehicles or Trailers to Defraud Insurers; Reimbursement of Insurers. |
In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant. Upon a real or impending change in financial circumstances, a defendant ordered to pay restitution may petition the court for a modification of the amount, time or method of payment of restitution. If the court finds that because of any such change the payment of restitution will cause a substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents, the court may grant remission from any payment of restitution or modify the amount, time or method of payment.
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Felony |
A substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents |
At defendant's request at enforcement | Not provided for | Determined by judge without hearing | No |
Modification of the amount, time or method of payment of restitution; remission from any payment of restitution or modify the amount, time or method of payment. |
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Massachusetts | Mass. Gen. Laws ch. 266, § 27A | Removing or Concealing Motor Vehicles or Trailers to Defraud Insurers; Reimbursement of Insurers. |
If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court shall hold him in contempt unless said defendant has made a good faith effort to pay such restitution. If said defendant has made a good faith effort to pay such restitution, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.
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All |
N/A |
At enforcement of fine or fee | Not provided for | Determined by judge without hearing | No |
modify the amount, time or method of payment, but may not grant complete remission from payment of restitution. |
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Massachusetts | Mass. Gen. Laws ch. 269, § 14(d) | False Reports Relative to Location of Explosives, etc., Penalized. |
. . . A person found guilty of violating this section shall, in all cases, in addition to any other punishment, be ordered to make restitution to the individual, public or private entity for any costs incurred, damages and financial loss sustained as a result of the commission of the crime. Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof, however, the court shall consider the defendant’s present and future ability to pay in its determinations regarding a fine. In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant.
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Felony |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
N/A |
The Criminal Justice Debt Reform Builder is a project of the National Criminal Justice Debt Initiative of the Criminal Justice Policy Program at Harvard Law School in collaboration with the Berkman Klein Center for Internet & Society at Harvard University and with user experience design by metaLAB (at) Harvard.
For more information, please visit cjpp.law.harvard.edu.