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
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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

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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

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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
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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.

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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,

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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
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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

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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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"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,

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the court shall order the person to perform public service work as the court determines is appropriate.

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"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:

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(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
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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

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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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"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

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compatible with health and decency."

Before imposition of fine or fee Not provided for Not provided for No Not provided for
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Connecticut Conn. Gen. Stat. § 53a-30(e) Conditions of probation and conditional discharge. If the court finds that the person subject to electronic monitoring is indigent and unable to pay the costs of electronic monitoring services, it shall waive such costs. All

indigent and unable to pay the costs

At enforcement of fine or fee Not provided for Not provided for Yes

The court shall waive such costs

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Connecticut Conn. Gen. Stat. § 54-56i(g) Pretrial drug education and community service program.
No person may be excluded from any such program for inability to pay such fee or cost, provided (1) such person files with the court an affidavit of indigency or
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inability to pay, (2) such indigency or inability to pay is confirmed by the Court Support Services Division, and (3) the court enters a finding thereof. The court may waive all or any portion of such fee depending on such person’s ability to pay. If the court finds that a person is indigent or unable to pay for a substance abuse treatment program, the costs of such program shall be paid from the pretrial account established under section 54-56k.
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indigency

Before imposition of fine or fee Burden on defendant to show inability to pay Not provided for Yes

costs of such program shall be paid from the pretrial account

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Connecticut Conn. Gen. Stat. § 54-74. Remission of fine.
Any judge of the Superior Court may remit any fine, if in his judgment such course will tend to the reformation of offenders or the furtherance of the ends of
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justice.
All Not provided for At enforcement of fine or fee Not provided for Not provided for No

Remission of fine

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Connecticut Conn. Gen. Stat. § 54-151 Cost of transcript and printing on appeal.
In any appeal in a criminal action, where it appears to the trial court that the accused is without funds with which to defray the costs of securing a transcript
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of the evidence, or printing the briefs and the appendices to the briefs, such costs shall be defrayed by the state.
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"without funds with which to defray the costs"

At enforcement of fine or fee Not provided for Not provided for Yes

costs shall be defrayed by the state

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Connecticut Conn. Gen. Stat. § 54-147 Rules for payment of expenses. Waiver of fee or cost.
(a) The judges of the Superior Court may establish rules, in addition to those established by statute, for the payment of the expenses of all criminal proceedings or prosecutions, except
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such expenses as are incurred by the Division of Criminal Justice.(b) No fee or cost imposed pursuant to any provision of the general statutes on a person who is a defendant or has been convicted in a criminal proceeding or prosecution shall be waived by the court, except as authorized by such provision or for good cause shown.
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"good cause shown" to waive fees

Before imposition of fine or fee Burden on defendant to show inability to pay Not provided for No

waiver of fee or cost

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Connecticut Conn. Gen. Stat. § 17a-696(e) Order for suspension of prosecution and treatment for alcohol or drug dependency.

. . . (4) the accused person, unless such accused person is indigent, has paid to the clerk of the court an administration fee of twenty-five dollars.

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indigent

Before imposition of fine or fee Not provided for Not provided for Yes

waiver of fee

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Connecticut Conn. Gen. Stat. § 17a-696(e) Order for suspension of prosecution and treatment for alcohol or drug dependency.

The accused person shall, unless indigent, pay the cost of treatment ordered under this section.

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indigent

Before imposition of fine or fee Not provided for Not provided for Yes

waiver of cost of treatment

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Connecticut Conn. Gen. Stat. § 54-56i(i) Pretrial drug education and community service program (program reinstatement fees)

. . . Unless good cause is shown, such program fee shall not be waived.

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"good cause"

Before imposition of fine or fee Burden on defendant to show inability to pay Not provided for No

waiver of fees

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Connecticut Conn. Gen. Stat. § 54-56e(e) Accelerated pretrial rehabilitation

. . . No person may be excluded from such program for inability to pay such fee, provided (1) such person files with the court an affidavit of indigency or

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inability to pay, (2) such indigency or inability to pay is confirmed by the Court Support Services Division, and (3) the court enters a finding thereof.

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indigency

Before imposition of fine or fee Burden on defendant to show inability to pay Not provided for Yes

admission to program without paying fees

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Connecticut Conn. Gen. Stat. § 54-56g(g) Pretrial alcohol education program (victim impact panel program fees)

. . . provided such organization shall offer a hardship waiver when it has determined that the imposition of a fee would pose an economic hardship for such person.

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economic hardship

Before imposition of fine or fee Not provided for Not provided for Yes

hardship waiver

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Connecticut Conn. Gen. Stat. § 54-56g(e) Pretrial alcohol education program (reinstatement fees)

. . . Unless good cause is shown, such fees shall not be waived.

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"good cause"

Before imposition of fine or fee Burden on defendant to show inability to pay Not provided for No

waiver of fees

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Connecticut Conn. Gen. Stat. § 54-56g(c) Pretrial alcohol education program

. . . No person may be excluded from either program for inability to pay such fee or cost, provided (1) such person files with the court an affidavit of

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indigency or inability to pay, (2) such indigency or inability to pay is confirmed by the Court Support Services Division, and (3) the court enters a finding thereof. If the court finds that a person is indigent or unable to pay for a treatment program, the costs of such program shall be paid from the pretrial account established under section 54-56k. If the court finds that a person is indigent or unable to pay for an intervention program, the court may waive all or any portion of the fee for such intervention program.

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indigency

Before imposition of fine or fee Burden on defendant to show inability to pay Not provided for Yes

costs of such program shall be paid from the pretrial account