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.

Every law can be saved to the Reform Builder  

See all ability to pay policy recommendations in CJPP’s Policy Guide

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.

33 Results

Export results to Excel

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
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

California Cal. Veh. Code § 14601.5(e) Driving with suspended license
In imposing the minimum fine required by subdivision (d), the court shall take into consideration the defendant's ability to pay the fine and may, in the interest of justice, and
+ See more
for reasons stated in the record, reduce the amount of that minimum fine to less than the amount otherwise imposed.
Traffic

NA

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

Court may waive or reduce fine

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

California Cal. Pen. Code § 987.5(b) Of the Arraignment of the Defendant: Registration fee for defendant represented by appointed counsel; Inability to pay; Ordinance establishing fee

(b) At the time of appointment of counsel by the court, or upon commencement of representation by the public defender, if prior to court appointment, the defendant shall be asked if

+ See more
he or she is financially able to pay the registration fee or any portion thereof. If the defendant indicates that he or she is able to pay the fee or a portion thereof, the court or public defender shall make an assessment in accordance with ability to pay. No fee shall be assessed against any defendant who asserts that he or she is unable to pay the fee or any portion thereof. No other inquiry concerning the defendant’s ability to pay shall be made until proceedings are held pursuant to Section 987.8.

Felony

NA

Before imposition of fine or fee Not provided for Other Yes

No fee shall be assessed against any defendant who asserts that he or she is unable to pay the fee or any portion thereof.

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

California Cal. Pen. Code § 1203.1e(b) Payment by county prisoner of costs of parole supervision

(b) If the court determines that the person has the ability to pay all or part of the costs, the court may set the amount to be reimbursed and order

+ See more
the person to pay that sum to the county in the manner in which the court believes reasonable and compatible with the person’s financial ability. In making a determination of whether a person has the ability to pay, the court shall take into account the amount of any fine imposed upon the person and any amount the person has been ordered to pay in restitution.If practicable, the court shall order payments to be made on a monthly basis as directed by the court. Execution may be issued on the order in the same manner as a judgment in a civil action. The order to pay all or part of the costs shall not be enforced by contempt.

All

(c) For the purposes of this section, “ability to pay” means the overall capability of the person to reimburse the costs, or a portion of the costs, of providing parole

+ See more
supervision and shall include, but shall not be limited to, consideration of all of the following factors: (1) Present financial position. (2) Reasonably discernible future financial position. In no event shall the board consider a period of more than six months from the date of the hearing for purposes of determining reasonably discernible future financial position. (3) Likelihood that the person shall be able to obtain employment within the six-month period from the date of the hearing. (4) Any other factor or factors which may bear upon the person’s financial capability to reimburse the county for the costs. (d) At any time during the pendency of the order made under this section, a person against whom an order has been made may petition the court to modify or vacate its previous order on the grounds of a change of circumstances with regard to the person’s ability to pay. The court shall advise the person of this right at the time of making the order.

Before imposition of fine or fee Not provided for Determined by judge after hearing Yes

Reduced fee/installment plan

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

California Cal. Pen. Code § 1203.1c(a) Payment of costs of incarceration in local facility as condition of probation

(a) In any case in which a defendant is convicted of an offense and is ordered to serve a period of confinement in a county jail, city jail, or other

+ See more
local detention facility as a term of probation or a conditional sentence, the court may, after a hearing, make a determination of the ability of the defendant to pay all or a portion of the reasonable costs of such incarceration, including incarceration pending disposition of the case. The reasonable cost of such incarceration shall not exceed the amount determined by the board of supervisors, with respect to the county jail, and by the city council, with respect to the city jail, to be the actual average cost thereof on a per-day basis. The court may, in its discretion, hold additional hearings during the probationary period. The court may, in its discretion before such hearing, order the defendant to file a statement setting forth his or her assets, liability and income, under penalty of perjury, and may order the defendant to appear before a county officer designated by the board of supervisors to make an inquiry into the ability of the defendant to pay all or a portion of such costs. At the hearing, the defendant shall be entitled to have the opportunity to be heard in person or to be represented by counsel, to present witnesses and other evidence, and to confront and cross-examine adverse witnesses. A defendant represented by counsel appointed by the court in the criminal proceedings shall be entitled to such representation at any hearing held pursuant to this section. If the court determines that the defendant has the ability to pay all or a part of the costs, the court may set the amount to be reimbursed and order the defendant to pay that sum to the county, or to the city with respect to incarceration in the city jail, in the manner in which the court believes reasonable and compatible with the defendant’s financial ability. Execution may be issued on the order in the same manner as on a judgment in a civil action. The order to pay all or part of the costs shall not be enforced by contempt.If practicable, the court shall order payments to be made on a monthly basis and the payments shall be made payable to the county officer designated by the board of supervisors, or to a city officer designated by the city council with respect to incarceration in the city jail. A payment schedule for reimbursement of the costs of incarceration pursuant to this section based upon income shall be developed by the county officer designated by the board of supervisors, or by the city council with respect to incarceration in the city jail, and approved by the presiding judge of the superior court in the county.

All

(c) For the purposes of this section, “ability to pay” means the overall capability of the person to reimburse the costs, or a portion of the costs, of providing parole

+ See more
supervision and shall include, but shall not be limited to, consideration of all of the following factors: (1) Present financial position. (2) Reasonably discernible future financial position. In no event shall the board consider a period of more than six months from the date of the hearing for purposes of determining reasonably discernible future financial position. (3) Likelihood that the person shall be able to obtain employment within the six-month period from the date of the hearing. (4) Any other factor or factors which may bear upon the person’s financial capability to reimburse the county for the costs. (d) At any time during the pendency of the order made under this section, a person against whom an order has been made may petition the court to modify or vacate its previous order on the grounds of a change of circumstances with regard to the person’s ability to pay. The court shall advise the person of this right at the time of making the order.

Before imposition of fine or fee Not provided for Determined by judge after hearing Yes

Reduced fee/installment plan

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

California Cal. Pen. Code § 1203.1m(b) Defendant to pay cost of imprisonment

(b) The court may, in its discretion before any hearing, order the defendant to file a statement setting forth his or her assets, liability, and income, under penalty of perjury.

+ See more
At the hearing, the defendant shall have the opportunity to be heard in person or through counsel, to present witnesses and other evidence, and to confront and cross-examine adverse witnesses. A defendant who is represented by counsel appointed by the court in the criminal proceedings shall be entitled to representation at any hearing held pursuant to this section. If the court determines that the defendant has the ability to pay all or a part of the costs, the court shall set the amount to be reimbursed and order the defendant to pay that sum to the Department of Corrections for deposit in the General Fund in the manner in which the court believes reasonable and compatible with the defendant’s financial ability. Execution may be issued on the order in the same manner as on a judgment in a civil action. The order to pay all or part of the costs shall not be enforced by contempt.

All

(e) For the purposes of this section, in determining a defendant’s ability to pay, the court shall consider the overall ability of the defendant to reimburse all or a portion

+ See more
of the costs of imprisonment in light of the defendant’s present and foreseeable financial obligations, including family support obligations, restitution to the victim, and fines, penalties, and other obligations to the court, all of which shall take precedence over a reimbursement order made pursuant to this section.(f) For the purposes of this section, in determining a defendant’s ability to pay, the court shall not consider the following: (1) The personal residence of the defendant, if any, up to a maximum amount of the median home sales price in the county in which the residence is located. (2) The personal motor vehicle of the defendant, if any, up to a maximum amount of ten thousand dollars ($10,000). (3) Any other assets of the defendant up to a maximum amount of the median annual income in California.

Before imposition of fine or fee Not provided for Determined by judge after hearing Yes

fee will be reduced

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

California Cal. Pen. Code § 987.8(b), (d)-(f) Of the Arraignment of the Defendant: Determination of assets subject to attachment; Determination and order for payment of costs of counsel; Proceedings; Enforcement

(b) If a defendant is provided legal assistance, either through the public defender or private counsel appointed by the court, upon conclusion of the criminal proceedings in the trial court

+ See more
or upon the withdrawal of the public defender or appointed private counsel, the court may, after notice and a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost thereof. The court may, in its discretion, hold one such additional hearing within six months of the conclusion of the criminal proceedings. The court may, in its discretion, order the defendant to appear before a county officer designated by the court to make an inquiry into the ability of the defendant to pay all or a portion of the legal assistance provided.

(d) If the defendant, after having been ordered to appear before a county officer, has been given proper notice and fails to appear before a county officer within 20 working days, the county officer shall recommend to the court that the full cost of the legal assistance be ordered to be paid by the defendant. The notice to the defendant shall contain all of the following: (1) A statement of the cost of the legal assistance provided to the defendant as determined by the court. (2) The defendant’s procedural rights under this section. (3) The time limit within which the defendant’s response is required. (4) A warning that if the defendant fails to appear.

(e)(1) At a hearing, the defendant shall be entitled to, but shall not be limited to, all of the following rights: (A) The right to be heard in person. (B) The right to present witnesses and other documentary evidence. (C) The right to confront and cross-examine adverse witnesses. (D) The right to have the evidence against him or her disclosed to him or her. (E) The right to a written statement of the findings of the court. (2) If the court determines that the defendant has the present ability to pay all or a part of the cost, the court shall set the amount to be reimbursed and order the defendant to pay the sum to the county in the manner in which the court believes reasonable and compatible with the defendant’s financial ability. Failure of a defendant who is not in custody to appear after due notice is a sufficient basis for an order directing the defendant to pay the full cost of the legal assistance determined by the court. The order to pay all or a part of the costs may be enforced in the manner provided for enforcement of money judgments generally but may not be enforced by contempt.

(f) Prior to the furnishing of counsel or legal assistance by the court, the court shall give notice to the defendant that the court may, after a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost of counsel. The court shall also give notice that, if the court determines that the defendant has the present ability, the court shall order him or her to pay all or a part of the cost. The notice shall inform the defendant that the order shall have the same force and effect as a judgment in a civil action and shall be subject to enforcement against the property of the defendant in the same manner as any other money judgment.

Felony

(g)(2) “Ability to pay” means the overall capability of the defendant to reimburse the costs, or a portion of the costs, of the legal assistance provided to him or her, and

+ See more
shall include, but not be limited to, all of the following: (A) The defendant’s present financial position. (B) The defendant’s reasonably discernible future financial position. In no event shall the court consider a period of more than six months from the date of the hearing for purposes of determining the defendant’s reasonably discernible future financial position. Unless the court finds unusual circumstances, a defendant sentenced to state prison, or to county jail for a period longer than 364 days, including, but not limited to, a sentence imposed pursuant to subdivision (h) of Section 1170, shall be determined not to have a reasonably discernible future financial ability to reimburse the costs of his or her defense. (C) The likelihood that the defendant shall be able to obtain employment within a six-month period from the date of the hearing. (D) Any other factor or factors that may bear upon the defendant’s financial capability to reimburse the county for the costs of the legal assistance provided to the defendant.

Before imposition of fine or fee Not provided for Determined by judge after hearing Yes

Court may waive or reduce fee

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
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.

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.

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

California Cal. Pen. Code § 1203(j) Probation

(j) In any court where a county financial evaluation officer is available, in addition to referring the matter to the probation officer, the court may order the defendant to appear

+ See more
before the county financial evaluation officer for a financial evaluation of the defendant’s ability to pay restitution, in which case the county financial evaluation officer shall report his or her findings regarding restitution and other court-related costs to the probation officer on the question of the defendant’s ability to pay those costs.

Any order made pursuant to this subdivision may be enforced as a violation of the terms and conditions of probation upon willful failure to pay and at the discretion of the court, may be enforced in the same manner as a judgment in a civil action, if any balance remains unpaid at the end of the defendant’s probationary period.

Misdemeanor, Felony

Not provided for.

Before imposition of fine or fee Not provided for Administrative decision No

None

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Ohio Ohio Rev. Code § 2743.70(1) Additional court costs and bail to be charged

(1) The court, in which any person is convicted of or pleads guilty to any offense other than a traffic offense that is not a moving violation, shall impose the following

+ See more
sum as costs in the case in addition to any other court costs that the court is required by law to impose upon the offender:

(a) Thirty dollars, if the offense is a felony;

(b) Nine dollars, if the offense is a misdemeanor.

The court shall not waive the payment of the thirty or nine dollars court costs, unless the court determines that the offender is indigent and waives the payment of all court costs imposed upon the indigent offender. All such moneys shall be transmitted on the first business day of each month by the clerk of the court to the treasurer of state and deposited by the treasurer in the reparations fund.

All

Indigent

Before imposition of fine or fee Not provided for Determined by judge without hearing No

Fee waiver

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Ohio Ohio Rev. Code § 2929.19(B)(5) Sentencing hearing

Before imposing a financial sanction under section 2929.18 of the Revised Code or a fine under section 2929.32 of the Revised Code, the court shall consider the offender's present and future ability to

+ See more
pay the amount of the sanction or fine.

Felony

Not provided for

Before imposition of fine or fee Not provided for Determined by judge without hearing Yes

Likely no requirement to pay financial sanction

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Ohio Ohio Rev. Code § 2929.37(A) Policy requiring prisoner to pay costs of confinement

The amount assessed under this section shall not exceed the total amount that the prisoner is able to pay.

All

Not provided for

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

Likely no requirement to pay costs of confinement

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Ohio Ohio Rev. Code § 2743.70(A)(2) Additional costs in criminal cases in all courts to fund reparations payments

(2) The juvenile court in which a child is found to be a delinquent child or a juvenile traffic offender for an act which, if committed by an adult, would be

+ See more
an offense other than a traffic offense that is not a moving violation, shall impose the following sum as costs in the case in addition to any other court costs that the court is required or permitted by law to impose upon the delinquent child or juvenile traffic offender:

(a) Thirty dollars, if the act, if committed by an adult, would be a felony;

(b) Nine dollars, if the act, if committed by an adult, would be a misdemeanor.

The thirty or nine dollars court costs shall be collected in all cases unless the court determines the juvenile is indigent and waives the payment of all court costs, or enters an order on its journal stating that it has determined that the juvenile is indigent, that no other court costs are to be taxed in the case, and that the payment of the thirty or nine dollars court costs is waived. All such moneys collected during a month shall be transmitted on or before the twentieth day of the following month by the clerk of the court to the treasurer of state and deposited by the treasurer in the reparations fund.

Traffic

Indigent

Before imposition of fine or fee Not provided for Determined by judge without hearing No

Likely no requirement to pay financial sanction

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Ohio Ohio Rev. Code § 2949.091(A)(1)(b) Fees and costs

The court shall not waive the payment of the additional thirty-, twenty-, or ten-dollar court costs, unless the court determines that the offender is indigent and waives the payment of

+ See more
all court costs imposed upon the indigent offender.

All

Indigent

Before imposition of fine or fee Not provided for Determined by judge without hearing No

Fee waiver

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Ohio Ohio Rev. Code § 2301.14 Taxing costs

The clerk of the court of common pleas in which the service of a court interpreter is rendered shall tax in the cost bill in such case, to be collected

+ See more
as other costs, the sum of three dollars for each day of service of such interpreter, which fees shall be paid into the county treasury to the credit of the county fund. If the party taxed with costs is indigent, the clerk shall not tax the interpreter’s fees as costs, and the county shall pay the interpreter’s fees.

All

Indigent

Before imposition of fine or fee Not provided for Not provided for No

County pays for the interpreter.

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Ohio Ohio Rev. Code § 2151.54 Fees and costs

 

If a child is adjudicated to be a delinquent child or a juvenile traffic offender and the juvenile court specifically is required, by section 2743.70 or 2949.091 of the Revised Code or any

+ See more
other section of the Revised Code, to impose a specified sum of money as court costs in addition to any other court costs that the court is required or permitted by law to impose, the court shall not waive the payment of the specified additional court costs that the section of the Revised Code specifically requires the court to impose unless the court determines that the child is indigent and the court either waives the payment of all court costs or enters an order in its journal stating that no court costs are to be taxed in the case.

All

Indigent

Before imposition of fine or fee Not provided for Determined by judge without hearing No

Waives the payment of all court costs or enters an order in its journal stating that no court costs are to be taxed in the case

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Ohio Ohio Rev. Code § 2929.28(B) Financial Sanctions - misdemeanor

If the court determines a hearing is necessary, the court may hold a hearing to determine whether the offender is able to pay the financial sanction imposed pursuant to this

+ See more
section or court costs or is likely in the future to be able to pay the sanction or costs. If the court determines that the offender is indigent and unable to pay the financial sanction or court costs, the court shall consider imposing and may impose a term of community service under division (A) of section 2929.27 of the Revised Code in lieu of imposing a financial sanction or court costs. If the court does not determine that the offender is indigent, the court may impose a term of community service under division (A) of section 2929.27 of the Revised Code in lieu of or in addition to imposing a financial sanction under this section and in addition to imposing court costs. The court may order community service for a minor misdemeanor pursuant to division (D) of section 2929.27 of the Revised Code in lieu of or in addition to imposing a financial sanction under this section and in addition to imposing court costs. If a person fails to pay a financial sanction or court costs, the court may order community service in lieu of the financial sanction or court costs.

Misdemeanor

Indigent

Before imposition of fine or fee Not provided for Determined by judge after hearing No

Community service in lieu of restitution.

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Ohio Ohio Rev. Code § 2953.32(C)(3) Sealing of record of conviction or bail forfeiture

An applicant may request the sealing of the records of more than one case in a single application under this section. Upon the filing of an application under this section,

+ See more
the applicant, unless indigent, shall pay a fee of fifty dollars, regardless of the number of records the application requests to have sealed. 

All

Indigent

Before imposition of fine or fee Not provided for Not provided for No

Likely no requirement to pay fee

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Ohio Ohio Rev. Code § 2949.091(2) Additional court costs or bail

(2) 

(a) The juvenile court in which a child is found to be a delinquent child or a juvenile traffic offender for an act that, if committed by an adult, would be

+ See more
an offense, shall impose one of the following sums as costs in the case in addition to any other court costs that the court is required or permitted by law to impose upon the delinquent child or juvenile traffic offender:

(i) Thirty dollars if the offense is a felony;

(ii) Twenty dollars if the offense is a misdemeanor other than a traffic offense that is not a moving violation;

(iii) Ten dollars if the offense is a traffic offense that is not a moving violation, excluding parking violations.

(b) All moneys collected pursuant to division (A)(2)(a) of this section during a month shall be transmitted on or before the twentieth day of the following month by the clerk of the court to the treasurer of state and deposited by the treasurer of state to the credit of the indigent defense support fund established under section 120.08 of the Revised Code. The thirty-, twenty-, or ten-dollar court costs shall be collected in all cases unless the court determines the juvenile is indigent and waives the payment of all court costs, or enters an order on its journal stating that it has determined that the juvenile is indigent, that no other court costs are to be taxed in the case, and that the payment of the thirty-, twenty-, or ten-dollar court costs is waived.

All

Indigent

Before imposition of fine or fee Not provided for Determined by judge after hearing No

Fee waiver

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Ohio Ohio Rev. Code § 2921.38(E) Harassment with bodily substance

(1) The court, on request of the prosecutor, or the law enforcement authority responsible for the investigation of the violation, shall cause a person who allegedly has committed a violation of

+ See more
this section to submit to one or more appropriate tests to determine if the person is a carrier of the virus that causes acquired immunodeficiency syndrome, is a carrier of a hepatitis virus, or is infected with tuberculosis.

(2) The court shall charge the offender with the costs of the test or tests ordered under division (E)(1) of this section unless the court determines that the accused is unable to pay, in which case the costs shall be charged to the entity that operates the detention facility in which the alleged offense occurred.

All

Not provided for

Before imposition of fine or fee Not provided for Not provided for No

Costs charged to the entity that operates the detention facility in which the alleged offense occurred.

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Ohio Ohio Rev. Code § 2949.094(A) Additional court costs for drug law enforcement, justice program services, and indigent drivers alcohol treatment funds

The court in which any person is convicted of or pleads guilty to any moving violation shall impose an additional court cost of ten dollars upon the offender. The court

+ See more
shall not waive the payment of the ten dollars unless the court determines that the offender is indigent and waives the payment of all court costs imposed upon the indigent offender.

All

Indigent

Before imposition of fine or fee Not provided for Determined by judge after hearing No

Fee waiver