50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Ability to Pay
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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.
32 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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"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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Nebraska | Neb. Rev. Stat. § 29-2284 | Probation or parole; revocation; conditions |
If the defendant is placed on probation or paroled, the court may revoke probation, and the Board of Parole may revoke parole if the defendant fails to comply with the + See morerestitution order. In determining whether to revoke probation or parole, the court or Board of Parole shall consider the defendant's earning ability and financial resources, the willfulness of the defendant's failure to pay, and any special circumstances affecting the defendant's ability to pay. Probation or parole may not be revoked unless noncompliance with the restitution order is attributable to an intentional refusal to obey the order or a failure to make a good faith effort to comply with the order.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Not provided for | Yes |
N/A |
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Nebraska | Neb. Rev. Stat. § 29-2206(1)(a),(2) | Fine and costs; commitment until paid; installments; deduction from bond; suspension or revocation of motor vehicle operator's license |
(1) (a) In all cases in which courts or magistrates have now or may hereafter have the power to punish offenses, either in whole or in part, by requiring the offender to pay fines or costs, or both, such courts or magistrates may make it a part of the sentence that the party stand committed and be imprisoned in the jail of the proper county until the fines or costs are paid or secured to be paid or the offender is otherwise discharged according to law if the court or magistrate determines that the offender has the financial ability to pay such fines or costs. The court or magistrate may make such determination at the sentencing hearing or at a separate hearing prior to sentencing. A separate hearing shall not be required. In making such determination, the court or magistrate may consider the information or evidence adduced in an earlier proceeding pursuant to section 29-3902, 29-3903, 29-3906, or 29-3916. At any such hearing, the offender shall have the opportunity to present information as to his or her income, assets, debts, or other matters affecting his or her financial ability to pay. Following such hearing and prior to imposing sentence, the court or magistrate shall determine the offender’s financial ability to pay the fines or costs, including his or her financial ability to pay in installments under subsection (2) of this section.
(2) If the court or magistrate determines, pursuant to subsection (1) of this section, that an offender is financially unable to pay such fines or costs in one lump sum but is financially capable of paying in installments, the court or magistrate shall make arrangements suitable to the court or magistrate and to the offender by which the offender may pay in installments. The court or magistrate shall enter an order specifying the terms of such arrangements and the dates on which payments are to be made. |
All |
Not provided for |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | Yes |
Payment in installments. |
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Nebraska | Neb. Rev. Stat. § 29-2412(2) | Fine and costs; nonpayment; commutation upon confinement; credit; amount. |
(2) Whenever it is made satisfactorily to appear to the district court, or to the county judge of the proper county, after all legal means have been exhausted, that any person who is confined in jail for any fines or costs of prosecution for any criminal offense has no estate with which to pay such fines or costs, it shall be the duty of such court or judge, on his or her own motion or upon the motion of the person so confined, to discharge such person from further imprisonment for such fines or costs, which discharge shall operate as a complete release of such fines or costs.
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All |
No estate with which to pay such fines or costs |
At enforcement of fine or fee | Not provided for | Not provided for | No |
If imprisoned for nonpayment of fines and costs, then discharged from prison. |
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Nebraska | Neb. Rev. Stat. § 29-2412(1)(a),(c) | Fine and costs; nonpayment; commutation upon confinement; credit; amount |
(1) (a) Any person arrested and brought into custody on a warrant for failure to pay fines or costs, for failure to appear before a court or magistrate on the due date of such fines or costs, or for failure to comply with the terms of an order pursuant to sections 29-2206 and 29-2206.01, shall be entitled to a hearing on the first regularly scheduled court date following the date of arrest. The purpose of such hearing shall be to determine the person’s financial ability to pay such fines or costs. At the hearing, the person shall have the opportunity to present information as to his or her income, assets, debts, or other matters affecting his or her financial ability to pay. Following the hearing, the court or magistrate shall determine the person’s ability to pay the fines or costs, including his or her financial ability to pay by installment payments as described in section 29-2206;
(c) If the court or magistrate determines that the person is financially unable to pay the fines or costs, the court or magistrate: (i) Shall either: (A) Enter an order pursuant to subdivision (1)(d) of this section discharging the person of such fines or costs; or (B) If the person is subject to an order to pay installments pursuant to section 29-2206, the court or magistrate shall either enter an order pursuant to subdivision (1)(d) of this section discharging the person of such obligation or make any necessary modifications to the order specifying the terms of the installment payments as justice may require and that will enable the person to pay the fines or costs; and (ii) May order the person to complete community service for a specified number of hours pursuant to sections 29-2277 to 29-2279;
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All | Not provided for | At defendant's request at enforcement | Not provided for | Determined by judge after hearing | Yes |
Discharge payment of fines; installment payments; community service in lieu of fines. |
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Nebraska | Neb. Rev. Stat. § 29-2262.06(4) | Fees; waiver; when; failure to pay; effect |
The court shall waive payment of the monthly probation programming fees in whole or in part if after a hearing a determination is made that such payment would constitute an undue hardship on the offender due to limited income, employment or school status, or physical or mental handicap. Such waiver shall be in effect only during the period of time that the probationer or participant in a non-probation-based program or service is unable to pay his or her monthly probation programming fee.
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All |
Undue hardship due to limited income, employment or school status, or physical or mental hardship |
At enforcement of fine or fee | Not provided for | Determined by judge after hearing | No |
Waive payment of the monthly probation programming fees |
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Nebraska | Neb. Rev. Stat. § 29-2281 | Restitution; determination of amount; manner of payment |
To determine the amount of restitution, the court may hold a hearing at the time of sentencing. The amount of restitution shall be based on the actual damages sustained by the victim and shall be supported by evidence which shall become a part of the court record. The court shall consider the defendant’s earning ability, employment status, financial resources, and family or other legal obligations and shall balance such considerations against the obligation to the victim. In considering the earning ability of a defendant who is sentenced to imprisonment, the court may receive evidence of money anticipated to be earned by the defendant during incarceration. A person may not be granted or denied probation or parole either solely or primarily due to his or her financial resources or ability or inability to pay restitution. The court may order that restitution be made immediately, in specified installments, or within a specified period of time not to exceed five years after the date of judgment or defendant’s final release date from imprisonment, whichever is later
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All |
Defendant's earning ability, employment status, financial resources, and family or other legal obligations and shall balance such considerations against the obligation to the victim. In considering the earning ability of a defendant who is sentenced to imprisonment, the court may receive evidence of money anticipated to be earned by the defendant during incarceration.
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At enforcement of fine or fee | Not provided for | Determined by judge after hearing | Yes |
N/A |
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Nebraska | Neb. Rev. Stat. § 29-2262(2)(m) | Probation; conditions |
(2) The court may, as a condition of a sentence of probation, require the offender: offender assessment screens, and rehabilitative services required in the identification, evaluation, and treatment of offenders if such offender has the financial ability to pay for such services;
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
N/A |
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Nebraska | Neb. Rev. Stat. § 29-2208(1)-(2),(4) | Fines or costs; person financially unable to pay; hearing; determination; court or magistrate; powers; order; operate as release |
(1) A person who has been ordered to pay fines or costs and who has not been arrested or brought into custody as described in subdivision (1)(a) of section 29-2412 but who believes himself or herself to be financially unable to pay such fines or costs may request a hearing to determine such person's financial ability to pay such fines or costs. The hearing shall be scheduled on the first regularly scheduled court date following the date of the request. Pending the hearing, the person shall not be arrested or brought into custody for failure to pay such fines or costs or failure to appear before a court or magistrate on the due date of such fines or costs.
(2) At the hearing, the person shall have the opportunity to present information as to his or her income, assets, debts, or other matters affecting his or her financial ability to pay. Following the hearing, the court or magistrate shall determine the person's financial ability to pay the fines or costs, including his or her financial ability to pay in installments as described in section 29-2206. (4) If the court or magistrate determines that the person is financially unable to pay the fines or costs, the court or magistrate: (a) Shall either: (i) Enter an order pursuant to subsection (5) of this section discharging the person of such fines or costs; or (ii) If the person is subject to an order to pay installments pursuant to section 29-2206, the court or magistrate shall either enter an order pursuant to subsection (5) of this section discharging the person of such obligation or make any necessary modifications to the order specifying the terms of the installment payments as justice may require and that will enable the person to pay the fines or costs; and (b) May order the person to complete community service for a specified number of hours pursuant to sections 29-2277 to 29-2279. |
All |
Not provided for |
At enforcement of fine or fee | Not provided for | Determined by judge after hearing | No |
Waive fines or costs; discharge person of installment order to pay fines or costs; make any necessary modifications to the order specifying the terms of the installment payments as justice may require and that will enable the person to pay the fines or costs; order the person to complete community service.
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Nebraska | Neb. Rev. Stat. § 29-2262(2)(o) | Probation; conditions |
(2) The court may, as a condition of a sentence of probation, require the offender: cost of such device or system if the offender has the financial ability;
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
N/A |
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Nebraska | Neb. Rev. Stat. § 29-2262.06(1),(4)-(6) | Fees; waiver; when; failure to pay; effect |
a one-time administrative enrollment fee and thereafter a monthly probation programming fee.
(4) The court shall waive payment of the monthly probation programming fees in whole or in part if after a hearing a determination is made that such payment would constitute an undue hardship on the offender due to limited income, employment or school status, or physical or mental handicap. Such waiver shall be in effect only during the period of time that the probationer or participant in a non-probation-based program or service is unable to pay his or her monthly probation programming fee. (5) If a probationer defaults in the payment of monthly probation programming fees or any installment thereof, the court may revoke his or her probation for nonpayment, except that probation shall not be revoked nor shall the offender be imprisoned for such nonpayment if the probationer is financially unable to make the payment, if he or she so states to the court in writing under oath, and if the court so finds after a hearing. (6) If the court determines that the default in payment described in subsection (5) of this section was not attributable to a deliberate refusal to obey the order of the court or to failure on the probationer's part to make a good faith effort to obtain the funds required for payment, the court may enter an order allowing the probationer additional time for payment, reducing the amount of each installment, or revoking the fees or the unpaid portion in whole or in part. |
All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | No |
Fee waiver; allowing the probationer additional time for payment; reducing the amount of each installment; revoking the fees or the unpaid portion in whole or in part |
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Nebraska | Neb. Rev. Stat. § 29-3902 | Indigent defendant; right to counsel |
At a felony defendant's first appearance before a court, the court shall advise him or her of the right to court-appointed counsel if he or she is indigent. If he or she asserts indigency, the court shall make a reasonable inquiry to determine his or her financial condition and may require him or her to execute an affidavit of indigency. If the court determines him or her to be indigent, it shall formally appoint the public defender to represent him or her in all proceedings before the court and shall make a notation of such appointment and appearances of the public defender upon the felony complaint. The same procedure shall be followed by the court in misdemeanor cases punishable by imprisonment.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Formally appoint the public defender to represent him or her in all proceedings before the court |
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Nebraska | Neb. Rev. Stat. § 29-3906 | Misdemeanor defendant; indigent; counties with no public defender; court-appointed counsel; compensation |
In counties not having public defenders, the court may appoint an attorney licensed to practice law in this state to represent any indigent person who is charged with a misdemeanor offense punishable by imprisonment. When such a defendant asserts indigency, the court shall make a reasonable inquiry to determine the defendant's financial condition and may require him or her to execute an affidavit of indigency. Attorneys appointed pursuant to this section shall be compensated in the manner provided by section 29-3905 with application being made to the appointing court.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Court appoints an attorney licensed to practice law in this state to represent any indigent person who is charged with a misdemeanor offense punishable by imprisonment |
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.