Data Explorer: Ability to pay | 50 State Criminal Justice Debt Tool

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
Add to Dashboard + Create New	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 + See more 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.	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 + See more restitution on an installment basis or on another condition to be fixed by the court."	Not provided for	Not provided for	Determined by judge after hearing	Yes	Not provided for
Add to Dashboard + Create New	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
Add to Dashboard + Create New	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, + See more 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.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Not provided for
Add to Dashboard + Create New	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 + See more 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.	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.
Add to Dashboard + Create New	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, + See more the court shall order the person to perform public service work as the court determines is appropriate.	All	"Financially unable to pay the fines, fees, or costs."	Not provided for	Not provided for	Not provided for	Yes	Community Service.
Add to Dashboard + Create New	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.
Add to Dashboard + Create New	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: + See more (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.	All	Not provided for	At enforcement of fine or fee	Not provided for	Administrative decision	No	Not provided for
Add to Dashboard + Create New	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 + See more 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.	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 + See more compatible with health and decency."	Before imposition of fine or fee	Not provided for	Not provided for	No	Not provided for
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § 15A-1368.4(f)	Conditions of post-release supervision	Required Supervision Fee.--The Commission shall require as a condition of post-release supervision that the supervisee pay a supervision fee of forty dollars ($40.00) per month. The Commission may exempt a + See more supervisee from this condition only if it finds that requiring payment of the fee is an undue economic burden.	All	Undue economic burden.	Before imposition of fine or fee	Not provided for	Administrative decision	No	Fee waiver.
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § 15A-1362(a)-(b)	Imposition of fines	(a)General Criteria.--In determining the method of payment of a fine, the court should consider the burden that payment will impose in view of the financial resources of the defendant. (b) Installment + See more or Delayed Payments.--When a defendant is ordered to pay a fine, the court may provide for the payment to be made within a specified period of time or in specified installments. If no such provision is made a part of the sentence, the fine is payable forthwith.	All	Burden that payment will impose in view of the financial resources of the defendant	At enforcement of fine or fee	Not provided for	Not provided for	No	Installment or delayed payments.
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § 15A-1364(c)	Response to nonpayment	(c) Modification of Fine or Costs.--If it appears that the default in the payment of a fine or costs is not attributable to failure on the defendant's part to make + See more a good faith effort to obtain the necessary funds for payment, the court may enter an order: . . . (1) Allowing the defendant additional time for payment; or (2) Reducing the amount of the fine or costs or of each installment; or (3) Revoking the fine or costs or the unpaid portion in whole or in part.	All	Default in payment not attributable to failure on defendant's part to make good faith effort to obtain necessary funds	At enforcement of fine or fee	Not provided for	Not provided for	No	Modification, revocation of fine/fee, or payment plan.
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § 15A-1363	Remission of a fine or costs	A defendant who has been required to pay a fine or costs, including a requirement to pay fine or costs as a condition of probation, or a prosecutor, may at + See more any time petition the sentencing court for a remission or revocation of the fine or costs or any unpaid portion of it. If it appears to the satisfaction of the court that the circumstances which warranted the imposition of the fine or costs no longer exist, that it would otherwise be unjust to require payment, or that the proper administration of justice requires resolution of the case, the court may remit or revoke the fine or costs or the unpaid portion in whole or in part or may modify the method of payment.	All	Circumstances which warranted the imposition of the fine or costs no longer exist, that it would otherwise be unjust to require payment, or that the proper administration of justice requires + See more resolution of the case.	At defendant's request at enforcement	Burden on defendant to show inability to pay	Not provided for	No	Court may remit or revoke the fine or costs or the unpaid portion in whole or in part or may modify the method of payment
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § 15A-145.4(j)	Expunction of records for first offenders who are under 18 years of age at the time of the commission of a nonviolent felony	(j) A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred seventy-five dollars + See more ($175.00) at the time the petition is filed. Fees collected under this subsection are payable to the Administrative Office of the Courts. The clerk of superior court shall remit one hundred twenty-two dollars and fifty cents ($122.50) of each fee to the North Carolina Department of Public Safety for the costs of criminal record checks performed in connection with processing petitions for expunctions under this section. The remaining fifty-two dollars and fifty cents ($52.50) of each fee shall be retained by the Administrative Office of the Courts and used to pay the costs of processing petitions for expunctions under this section. This subsection does not apply to petitions filed by an indigent.	All	Indigent	Before imposition of fine or fee	Not provided for	Administrative decision	No	N/A
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § § 15A-145(e)	Expunction of records for first offenders under the age of 18 at the time of conviction of misdemeanor; expunction of certain other misdemeanors	A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred seventy-five dollars ($ + See more 175.00) at the time the petition is filed. Fees collected under this subsection are payable to the Administrative Office of the Courts. The clerk of superior court shall remit one hundred twenty-two dollars and fifty cents ($ 122.50) of each fee to the North Carolina Department of Public Safety for the costs of criminal record checks performed in connection with processing petitions for expunctions under this section. The remaining fifty-two dollars and fifty cents ($ 52.50) of each fee shall be retained by the Administrative Office of the Courts and used to pay the costs of processing petitions for expunctions under this section. This subsection does not apply to petitions filed by an indigent.	All	Indigent	Before imposition of fine or fee	Not provided for	Administrative decision	No	N/A
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § 15A-145.1(d)	Expunction of records for first offenders under the age of 18 at the time of conviction of certain gang offenses	A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred seventy-five dollars ($ + See more 175.00) at the time the petition is filed. Fees collected under this subsection are payable to the Administrative Office of the Courts. The clerk of superior court shall remit one hundred twenty-two dollars and fifty cents ($ 122.50) of each fee to the North Carolina Department of Public Safety for the costs of criminal record checks performed in connection with processing petitions for expunctions under this section. The remaining fifty-two dollars and fifty cents ($ 52.50) of each fee shall be retained by the Administrative Office of the Courts and used to pay the costs of processing petitions for expunctions under this section. This subsection does not apply to petitions filed by an indigent.	All	Indigent	Before imposition of fine or fee	Not provided for	Administrative decision	No	N/A
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § 15A-145.2(d)	Expunction of records for first offenders not over 21 years of age at the time of the offense of certain drug offenses	A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred seventy-five dollars ($ + See more 175.00) at the time the petition is filed. Fees collected under this subsection are payable to the Administrative Office of the Courts. The clerk of superior court shall remit one hundred twenty-two dollars and fifty cents ($ 122.50) of each fee to the North Carolina Department of Public Safety for the costs of criminal record checks performed in connection with processing petitions for expunctions under this section. The remaining fifty-two dollars and fifty cents ($ 52.50) of each fee shall be retained by the Administrative Office of the Courts and used to pay the costs of processing petitions for expunctions under this section. This subsection does not apply to petitions filed by an indigent.	All	Indigent	Before imposition of fine or fee	Not provided for	Administrative decision	No	N/A
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § 15A-145.3(d)	Expunction of records for first offenders not over 21 years of age at the time of the offense of certain toxic vapors offenses	A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred seventy-five dollars ($ + See more 175.00) at the time the petition is filed. Fees collected under this subsection are payable to the Administrative Office of the Courts. The clerk of superior court shall remit one hundred twenty-two dollars and fifty cents ($ 122.50) of each fee to the North Carolina Department of Public Safety for the costs of criminal record checks performed in connection with processing petitions for expunctions under this section. The remaining fifty-two dollars and fifty cents ($ 52.50) of each fee shall be retained by the Administrative Office of the Courts and used to pay the costs of processing petitions for expunctions under this section. This subsection does not apply to petitions filed by an indigent.	All	Indigent	Before imposition of fine or fee	Not provided for	Administrative decision	No	N/A
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § 7A-452(a)-(c1)	Source of counsel; fees; appellate records	(a) Upon the court's determination that a person is indigent and entitled to counsel under this Article, counsel shall be appointed in accordance with rules adopted by the Office of + See more Indigent Defense Services. In noncapital cases, the court shall assign counsel pursuant to rules adopted by the Office of Indigent Defense Services. In capital cases, the Office of Indigent Defense Services or designee of the Office of Indigent Defense Services shall assign counsel; at least one member of each capital defense team, where practicable, shall be a member of the bar in that division. In the courts of those counties which have a public defender, however, the public defender may tentatively assign himself or an assistant public defender to represent an indigent person, subject to subsequent determination of entitlement to counsel by the court and approval by the court in noncapital cases and by the Office of Indigent Defense Services in capital cases. (b) Fees of assigned counsel and salaries and other operating expenses of the offices of the public defenders shall be borne by the State. (c)(1) The clerk of superior court is authorized to make a determination of indigency and entitlement to counsel, as authorized by this Article. The word “court,” as it is used in this Article and in any rules pursuant to this Article, includes the clerk of superior court.	All	Indigent	Before imposition of fine or fee	Not provided for	Other	No	State pays counsel fees.
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann .§ 7A-450	Indigency; definition; entitlement; determination; change of status	(a) An indigent person is a person who is financially unable to secure legal representation and to provide all other necessary expenses of representation in an action or proceeding enumerated + See more in this Subchapter. An interpreter is a necessary expense as defined in Chapter 8B of the General Statutes for a deaf person who is entitled to counsel under this subsection. (b) Whenever a person, under the standards and procedures set out in this Subchapter, is determined to be an indigent person entitled to counsel, it is the responsibility of the State to provide him with counsel and the other necessary expenses of representation. The professional relationship of counsel so provided to the indigent person he represents is the same as if counsel had been privately retained by the indigent person. (b1) An indigent person indicted for murder may not be tried where the State is seeking the death penalty without an assistant counsel being appointed in a timely manner. If the indigent person is represented by the public defender's office, the requirement of an assistant counsel may be satisfied by the assignment to the case of an additional attorney from the public defender's staff. (c) The question of indigency may be determined or redetermined by the court at any stage of the action or proceeding at which an indigent is entitled to representation. (d) If, at any stage in the action or proceeding, a person previously determined to be indigent becomes financially able to secure legal representation and provide other necessary expenses of representation, he must inform the counsel appointed by the court to represent him of that fact. In such a case, that information is not included in the attorney client privilege, and counsel must promptly inform the court of that information.	All	Indigent	Before imposition of fine or fee	Not provided for	Other	No	State provides for counsel.
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § 7A-313.1	Fee for costs of electronic monitoring	A county that provides the personnel, equipment, and other costs of providing electronic monitoring as a condition of an offender's bond or pretrial release may collect a fee from the + See more offender that is the lesser of the amount of the jail fee authorized in G.S. 7A-313 or the actual cost of providing the electronic monitoring. A county may not collect a fee from an offender who is determined to be indigent and entitled to court-appointed counsel.	All	Indigent	Before imposition of fine or fee	Not provided for	Not provided for	No	Fee waiver

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