Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
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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See all ability to pay policy recommendations in CJPP’s Policy Guide
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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.
7 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 | 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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South Carolina | S.C. Code Ann. § 23-3-540(K) | Electronic monitoring; reporting damage to or removing monitoring device; penalty |
(K) The person must be charged for the cost of the active electronic monitoring device and the operation of the active electronic monitoring device for the duration of the time + See morethe person is required to be electronically monitored. The Department of Probation, Parole and Pardon Services may exempt a person from the payment of a part or all of the cost during a part or all of the duration of the time the person is required to be electronically monitored, if the Department of Probation, Parole and Pardon Services determines that exceptional circumstances exist such that these payments cause a severe hardship to the person.
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All |
exceptional circumstances exist such that these payments cause a severe hardship to the person |
Before imposition of fine or fee | Not provided for | Administrative decision | No |
waiver of all or part of fee |
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South Carolina | S.C. Code Ann. § 24-21-80 | Probationers and parolees to pay supervision fee; intensive supervision fee; hardship exemption; delinquencies; substitution of public service |
The intensive supervision fee must be determined by the department based upon the ability of the person to pay. Fees derived from persons under intensive supervision must be retained by + See morethe department, carried forward, and applied to the department's operation. The department may exempt any individual supervised by the department on any community supervision program from the payment of a part or all of the yearly or weekly fee during any part or all of the supervision period only if the department determines that exceptional circumstances exist such that these payments work a severe hardship on the individual.
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All |
exceptional circumstances exist such that these payments work a severe hardship on the individual. |
Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
partial or total exemption |
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South Carolina | S.C. Code Ann. § 24-21-80 | Probationers and parolees to pay supervision fee; intensive supervision fee; hardship exemption; delinquencies; substitution of public service |
An adult placed on probation, parole, or community supervision shall pay a regular supervision fee toward offsetting the cost of his supervision for so long as he remains under supervision. + See moreThe regular supervision fee must be determined by the Department of Probation, Parole, and Pardon Services based upon the ability of the person to pay.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
not specified |
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South Carolina | S.C. Code Ann. § 24-21-100(B) | Administrative monitoring when fines outstanding; fee |
(B) An individual placed on administrative monitoring shall pay a regular monitoring fee toward offsetting the cost of his administrative monitoring for the period of time that he remains under + See moremonitoring. The regular monitoring fee must be determined by the department based upon the ability of the person to pay.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
not specified |
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South Carolina | S.C. Code Ann. § 24-21-480 | Restitution Center program; distribution of offenders' salaries |
The offender must deliver his salary to the restitution center staff who must distribute it in the following manner: 4) payment of a daily fee for housing and food. This + See morefee may be set by the department with the approval of the Department of Administration. The fee must be based on the offender's ability to pay not to exceed the actual costs.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
not specified |
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Virginia | Va. Code Ann. § 53.1-150.1 | Substance abuse treatment as condition of parole - exemptions |
Any person who is granted parole and who is required to receive substance abuse treatment as a condition of parole shall contribute towards the cost of such treatment based upon + See morehis ability to pay, as established pursuant to regulations promulgated by the Board of Corrections. The regulations shall provide that (i) any fees collected for such treatment shall be paid directly to the service provider and (ii) any person may be exempt from the payment of such fees on the grounds of unreasonable hardship.
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All |
unreasonable hardship |
Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
exemption from payment of fees |
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