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	Illinois	725 Ill. Comp. Stat. 5/113-3.1(a)	Payment for Court-Appointed Counsel	Whenever under either Section 113-3 of this Code [725 ILCS 5/113-3] or Rule 607 of the Illinois Supreme Court the court appoints counsel to represent a defendant, the court may + See more order the defendant to pay to the Clerk of the Circuit Court a reasonable sum to reimburse either the county or the State for such representation. In a hearing to determine the amount of the payment, the court shall consider the affidavit prepared by the defendant under Section 113-3 of this Code [725 ILCS 5/113-3] and any other information pertaining to the defendant’s financial circumstances which may be submitted by the parties. Such hearing shall be conducted on the court’s own motion or on motion of the State’s Attorney at any time after the appointment of counsel but no later than 90 days after the entry of a final order disposing of the case at the trial level.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	Not specified
Add to Dashboard + Create New	Illinois	730 Ill. Comp. Stat. 5/5-5-6(f)	Conviction Dispositions: Restitution	Taking into consideration the ability of the defendant to pay, including any real or personal property or any other assets of the defendant, the court shall determine whether restitution shall + See more be paid in a single payment or in installments, and shall fix a period of time not in excess of 5 years, except for violations of Sections 16-1.3 and 17-56 of the Criminal Code of 1961 or the Criminal Code of 2012 [720 ILCS 5/16-1.3 and 720 ILCS 5/17-56], or the period of time specified in subsection (f-1), not including periods of incarceration, within which payment of restitution is to be paid in full. Complete restitution shall be paid in as short a time period as possible. However, if the court deems it necessary and in the best interest of the victim, the court may extend beyond 5 years the period of time within which the payment of restitution is to be paid. If the defendant is ordered to pay restitution and the court orders that restitution is to be paid over a period greater than 6 months, the court shall order that the defendant make monthly payments; the court may waive this requirement of monthly payments only if there is a specific finding of good cause for waiver.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Payment plan not to exceed 5 years.
Add to Dashboard + Create New	Illinois	730 Ill. Comp. Stat. 5/5-5-6(i)	Authorized Dispositions; Restituion	A sentence of restitution may be modified or revoked by the court if the . . . the offender fails to make restitution as ordered by the court, but no + See more sentence to make restitution shall be revoked unless the court shall find that the offender has had the financial ability to make restitution, and he has wilfully refused to do so. When the offender’s ability to pay restitution was established at the time an order of restitution was entered or modified, or when the offender’s ability to pay was based on the offender’s willingness to make restitution as part of a plea agreement made at the time the order of restitution was entered or modified, there is a rebuttable presumption that the facts and circumstances considered by the court at the hearing at which the order of restitution was entered or modified regarding the offender’s ability or willingness to pay restitution have not materially changed. If the court shall find that the defendant has failed to make restitution and that the failure is not wilful, the court may impose an additional period of time within which to make restitution. The length of the additional period shall not be more than 2 years.	All	Not provided for	At enforcement of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	No	Payment plan
Add to Dashboard + Create New	Illinois	730 Ill. Comp. Stat. 5/5-6-3(b)(10)(iv)-(v)	Conditions of probation and of Conditional Discharge	(iv) for persons convicted of any alcohol, cannabis or controlled substance violation who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall + See more impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the offender to pay the fee, the court assesses a lesser fee or no fee as the case may be. This fee shall be imposed in addition to the fees imposed under subsections (g) and (i) of this Section. The fee shall be collected by the clerk of the circuit court, except as provided in an administrative order of the Chief Judge of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer for deposit in the substance abuse services fund under Section 5-1086.1 of the Counties Code, except as provided in an administrative order of the Chief Judge of the circuit court. The Chief Judge of the circuit court of the county may by administrative order establish a program for electronic monitoring of offenders, in which a vendor supplies and monitors the operation of the electronic monitoring device, and collects the fees on behalf of the county. The program shall include provisions for indigent offenders and the collection of unpaid fees. The program shall not unduly burden the offender and shall be subject to review by the Chief Judge. The Chief Judge of the circuit court may suspend any additional charges or fees for late payment, interest, or damage to any device; and (v) for persons convicted of offenses other than those referenced in clause (iv) above and who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the defendant to pay the fee, the court assesses a lesser fee or no fee as the case may be. This fee shall be imposed in addition to the fees imposed under subsections (g) and (i) of this Section. The fee shall be collected by the clerk of the circuit court, except as provided in an administrative order of the Chief Judge of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer who shall use the monies collected to defray the costs of corrections. The county treasurer shall deposit the fee collected in the probation and court services fund. The Chief Judge of the circuit court of the county may by administrative order establish a program for electronic monitoring of offenders, in which a vendor supplies and monitors the operation of the electronic monitoring device, and collects the fees on behalf of the county. The program shall include provisions for indigent offenders and the collection of unpaid fees. The program shall not unduly burden the offender and shall be subject to review by the Chief Judge. The Chief Judge of the circuit court may suspend any additional charges or fees for late payment, interest, or damage to any device.	All	Not provided for	Not provided for	Not provided for	Not provided for	No	Lesser fee or no fee applied.
Add to Dashboard + Create New	Illinois	730 Ill. Comp. Stat. 5/5-6-3(i)	Conditions of probation and of conditional discharge	(i) The court shall impose upon an offender sentenced to probation after January 1, 1989 or to conditional discharge after January 1, 1992 or to community service under the supervision of + See more a probation or court services department after January 1, 2004, as a condition of such probation or conditional discharge or supervised community service, a fee of $50 for each month of probation or conditional discharge supervision or supervised community service ordered by the court, unless after determining the inability of the person sentenced to probation or conditional discharge or supervised community service to pay the fee, the court assesses a lesser fee. The court may not impose the fee on a minor who is placed in the guardianship or custody of the Department of Children and Family Services under the Juvenile Court Act of 1987 while the minor is in placement. The fee shall be imposed only upon an offender who is actively supervised by the probation and court services department. The fee shall be collected by the clerk of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer for deposit in the probation and court services fund under Section 15.1 of the Probation and Probation Officers Act [730 ILCS 110/15.1]. A circuit court may not impose a probation fee under this subsection (i) in excess of $25 per month unless the circuit court has adopted, by administrative order issued by the chief judge, a standard probation fee guide determining an offender’s ability to pay Of the amount collected as a probation fee, up to $5 of that fee collected per month may be used to provide services to crime victims and their families. The Court may only waive probation fees based on an offender’s ability to pay. The probation department may re-evaluate an offender’s ability to pay every 6 months, and, with the approval of the Director of Court Services or the Chief Probation Officer, adjust the monthly fee amount. An offender may elect to pay probation fees due in a lump sum. Any offender that has been assigned to the supervision of a probation department, or has been transferred either under subsection (h) of this Section or under any interstate compact, shall be required to pay probation fees to the department supervising the offender, based on the offender’s ability to pay. Public Act 93-970 deletes the $10 increase in the fee under this subsection that was imposed by Public Act 93-616. This deletion is intended to control over any other Act of the 93rd General Assembly that retains or incorporates that fee increase.	All	Not provided for	At enforcement of fine or fee	Not provided for	Administrative decision	No	Waive or reduce fee.
Add to Dashboard + Create New	Illinois	730 Ill. Comp. Stat. 5/5-6(i-5)	Conditions of probation and of conditional discharge	In addition to the fees imposed under subsection (i) of this Section, in the case of an offender convicted of a felony sex offense (as defined in the Sex Offender + See more Management Board Act) or an offense that the court or probation department has determined to be sexually motivated (as defined in the Sex Offender Management Board Act), the court or the probation department shall assess additional fees to pay for all costs of treatment, assessment, evaluation for risk and treatment, and monitoring the offender, based on that offender’s ability to pay those costs either as they occur or under a payment plan.	Felony, Misdemeanor	Not provided for	Not provided for	Not provided for	Administrative decision	Yes	Payment plan
Add to Dashboard + Create New	Illinois	730 Ill. Comp. Stat. 5/5-7-1(g)	Sentence of Periodic Imprisonment	An offender sentenced to periodic imprisonment who undergoes mandatory drug or alcohol testing, or both, or is assigned to be placed on an approved electronic monitoring device, shall be ordered + See more to pay the costs incidental to such mandatory drug or alcohol testing, or both, and costs incidental to such approved electronic monitoring in accordance with the defendant’s ability to pay those costs. The county board with the concurrence of the Chief Judge of the judicial circuit in which the county is located shall establish reasonable fees for the cost of maintenance, testing, and incidental expenses related to the mandatory drug or alcohol testing, or both, and all costs incidental to approved electronic monitoring, of all offenders with a sentence of periodic imprisonment. The concurrence of the Chief Judge shall be in the form of an administrative order. The fees shall be collected by the clerk of the circuit court, except as provided in an administrative order of the Chief Judge of the circuit court. The clerk of the circuit court shall pay all moneys collected from these fees to the county treasurer who shall use the moneys collected to defray the costs of drug testing, alcohol testing, and electronic monitoring. The county treasurer shall deposit the fees collected in the county working cash fund under Section 6-27001 or Section 6-29002 of the Counties Code, as the case may be.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Not specified
Add to Dashboard + Create New	Illinois	730 Ill. Comp. Stat. 5/5-6-3(g)	Conditions of Probation and of Conditional Discharge	An offender sentenced to probation or to conditional discharge and who during the term of either undergoes mandatory drug or alcohol testing, or both, or is assigned to be placed + See more on an approved electronic monitoring device, shall be ordered to pay all costs incidental to such mandatory drug or alcohol testing, or both, and all costs incidental to such approved electronic monitoring in accordance with the defendant’s ability to pay those costs. The county board with the concurrence of the Chief Judge of the judicial circuit in which the county is located shall establish reasonable fees for the cost of maintenance, testing, and incidental expenses related to the mandatory drug or alcohol testing, or both, and all costs incidental to approved electronic monitoring, involved in a successful probation program for the county. The concurrence of the Chief Judge shall be in the form of an administrative order. The fees shall be collected by the clerk of the circuit court, except as provided in an administrative order of the Chief Judge of the circuit court. The clerk of the circuit court shall pay all moneys collected from these fees to the county treasurer who shall use the moneys collected to defray the costs of drug testing, alcohol testing, and electronic monitoring. The county treasurer shall deposit the fees collected in the county working cash fund under Section 6-27001 or Section 6-29002 of the Counties Code [55 ILCS 5/6-27001 or 55 ILCS 5/1-29002], as the case may be. The Chief Judge of the circuit court of the county may by administrative order establish a program for electronic monitoring of offenders, in which a vendor supplies and monitors the operation of the electronic monitoring device, and collects the fees on behalf of the county. The program shall include provisions for indigent offenders and the collection of unpaid fees. The program shall not unduly burden the offender and shall be subject to review by the Chief Judge.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Not specified
Add to Dashboard + Create New	Illinois	730 Ill. Comp. Stat. 5/5-9-1(d)-(e)	Authorized fines	(d) In determining the amount and method of payment of a fine, except for those fines established for violations of Chapter 15 of the Illinois Vehicle Code [625 ILCS 5/15-101 et seq.], + See more the court shall consider: (1) the financial resources and future ability of the offender to pay the fine; and (2) whether the fine will prevent the offender from making court ordered restitution or reparation to the victim of the offense; and (3) in a case where the accused is a dissolved corporation and the court has appointed counsel to represent the corporation, the costs incurred either by the county or the State for such representation. (e) The court may order the fine to be paid forthwith or within a specified period of time or in installments.	All	Financial resources and future ability to pay	Not provided for	Not provided for	Not provided for	Yes	Not specified
Add to Dashboard + Create New	Illinois	730 Ill. Comp. Stat. 5/5-9-1.9(b)	DUI analysis fee	When a person has been adjudged guilty of an offense in violation of Section 11-501 of the Illinois Vehicle Code, in addition to any other disposition, penalty, or fine imposed, + See more a crime laboratory DUI analysis fee of $150 for each offense for which the person was convicted shall be levied by the court for each case in which a laboratory analysis occurred. Upon verified petition of the person, the court may suspend payment of all or part of the fee if it finds that the person does not have the ability to pay the fee.	Traffic	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Suspend all or part of fee.
Add to Dashboard + Create New	Illinois	730 Ill. Comp. Stat. 5/5-9-1.9(c)	DUI analysis fee	In addition to any other disposition made under the provisions of the Juvenile Court Act of 1987 [705 ILCS 405/1-1 et seq.], any minor adjudicated delinquent for an offense which + See more if committed by an adult would constitute a violation of Section 11-501 of the Illinois Vehicle Code shall be assessed a crime laboratory DUI analysis fee of $150 for each adjudication. Upon verified petition of the minor, the court may suspend payment of all or part of the fee if it finds that the minor does not have the ability to pay the fee. The parent, guardian, or legal custodian of the minor may pay some or all of the fee on the minor’s behalf.	Traffic	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	No	Suspend all or part of fee.
Add to Dashboard + Create New	Illinois	625 Ill. Comp. Stat. 5/6-206.1(c-5)	Monitoring Device Driving Permit	If the Secretary determines that the person seeking the MDDP is indigent, the Secretary shall provide the person with a written document as evidence of that determination, and the person + See more shall provide that written document to an ignition interlock device provider. The provider shall install an ignition interlock device on that person’s vehicle without charge to the person, and seek reimbursement from the Indigent BAIID Fund. If the Secretary has deemed an offender indigent, the BAIID provider shall also provide the normal monthly monitoring services and the de-installation without charge to the offender and seek reimbursement from the Indigent BAIID Fund. Any other monetary charges, such as a lockout fee or reset fee, shall be the responsibility of the MDDP holder. A BAIID provider may not seek a security deposit from the Indigent BAIID Fund.	Traffic	Indigent	Not provided for	Not provided for	Administrative decision	Yes	Reimbursement by providers/providers installs ignition interlock device free of charge

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