50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Ability to Pay
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- Alabama (12)
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- 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.
29 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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Delaware | 10 Del. C. §8603(a) | Nonpayment of Costs |
When a defendant who is required to pay the costs of defense defaults in the payment thereof or of any installment, the court on motion of the Attorney General or upon its own motion may require the defendant to show cause why the default should not be treated as contempt of court, and may issue a rule or order to show cause why such default should not be treated as contempt of court, and may take such further actions as the court determines to produce the defendant before the court.
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All | Not provided for | At enforcement of fine or fee | Burden on defendant to show inability to pay | Determined by judge without hearing | No |
Additional Time for Payment; Reducing Payment or Installment Amount; Revoking Payment in Whole or Unpaid Part. |
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Delaware | 10 Del. C. §8603(d) | Nonpayment of Costs |
If it appears to the satisfaction of the court that the default in the payment of defense costs is not contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount thereof or of each installment, or revoking such payment or the unpaid portion thereof in whole or in part.
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All | Not provided for | At enforcement of fine or fee | Burden on defendant to show inability to pay | Determined by judge without hearing | No |
Additional Time for Payment; Reducing Payment or Installment Amount; Revoking Payment in Whole or Unpaid Part. |
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Delaware | 10 Del. C. §8601(d) | Recoupment of Costs |
A defendant who has been required to pay the costs of defense and who is not in contumacious default in the payment thereof may at any time petition the court for remission of the payment of such costs, or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or immediate family, the court may remit all or part of the amount due in costs, or modify the method of payment.
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All |
"Will impose manifest hardship on the defendant or immediate family." |
At defendant's request at enforcement | Burden on defendant to show inability to pay | Determined by judge without hearing | No |
Remission of All or Part of Fee. |
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Delaware | 10 Del. C. § 8601(c) | Recoupment of Costs |
The court shall not require a defendant to pay the costs of defense unless the defendant is, or will be, able to pay them. In determining the amount and method of payment of such costs, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose.
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All |
"The court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose." |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
Defendant Not Required to Pay. |
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South Carolina | S.C. Code Ann. § 17-27-60 | Court costs and expenses for indigents |
If the applicant is unable to pay court costs and expenses of representation, including stenographic, printing and legal services, these costs and expenses shall be made available to the applicant + See morein the trial court, and on review, in amounts and to the extent funds are made available to indigent defendants by the General Assembly.
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All |
unable to pay costs |
Not provided for | Not provided for | Not provided for | Yes |
costs made available to the defendant |
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South Carolina | S.C. Code Ann. § 17-25-350 | Schedule for payment of fine by indigent; consequences of failure to comply. |
In any offense carrying a fine or imprisonment, the judge or magistrate hearing the case shall, upon a decision of guilty of the accused being determined and it being established + See morethat he is indigent at that time, set up a reasonable payment schedule for the payment of such fine, taking into consideration the income, dependents and necessities of life of the individual. Such payments shall be made to the magistrate or clerk of court as the case may be until such fine is paid in full. Failure to comply with the payment schedule shall constitute contempt of court; however, imprisonment for contempt may not exceed the amount of time of the original sentence, and where part of the fine has been paid the imprisonment cannot exceed the remaining pro rata portion of the sentence.No person found to be indigent shall be imprisoned because of inability to pay the fine in full at the time of conviction.
Entitlement to free counsel shall not be determinative as to defendant's indigency.
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indigent |
Not provided for | Not provided for | Not provided for | Yes |
reasonable payment plan |
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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. § 16-3-740(C)(4) | Testing of certain convicted offenders for Hepatitis B and HIV |
If the offender is subsequently convicted or adjudicated delinquent, the offender or the parents of an adjudicated offender must reimburse the State for the costs of the tests unless the + See moreoffender or the parents of the adjudicated offender are determined to be indigent.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Not provided for | Yes |
waiver from reimbursing state for cost of tests |
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South Carolina | S.C. Code Ann. § 16-3-2040(C) | Restitution for victims of trafficking | (C) If a person is unable to pay restitution at the time of sentencing, or at any other time, the court may set restitution pursuant to Section 16-3-1270. | All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
not specified |
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South Carolina | S.C. Code Ann. § 17-3-30(B) | Affidavit of inability to employ counsel; payment of indigent's assets to state; application fee; waiver or reduction of fee |
If the clerk or other appropriate official determines that the person is unable to pay the application fee, the fee may be waived or reduced, provided that if the fee + See moreis waived or reduced, the clerk or appropriate official shall report the amount waived or reduced to the trial judge upon sentencing and the trial judge shall order the remainder of the fee paid during probation if the person is granted probation.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | No |
fee waived or reduced |
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South Carolina | S.C. Code Ann. § 17-3-45(B) | Affidavit of assets of persons seeking appointed counsel; application fee |
If it is determined that the person is unable to pay the application fee, the fee may be waived or reduced, provided that if the fee is waived or reduced, + See morethe clerk or appropriate official shall report the amount waived or reduced to the trial judge and the trial judge shall order the remainder of the fee paid during probation if the person is granted probation or by a time payment method if probation is not granted or appropriate.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | No |
fee waived or reduced |
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South Carolina | S.C. Code Ann. § 17-22-110 | Fees for application and participation; waiver | All fees or costs of supervision may be waived partially or totally by the solicitor in cases of indigency. | All | Not provided for | Not provided for | Not provided for | Not provided for | No |
partial or total waiver of fees |
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.