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 (15)
- 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.
94 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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California | Cal. Pen. Code § 311.12(a)(1) | Penalties for depicting minors engaging in sexual conduct through the use of government-owned computer or in which the production, transportation, or distribution involves government-owned property; Use of revenues |
(a) (1) Every person who is convicted of a violation of Section 311.1, 311.2, 311.3, 311.10, or 311.11 in which the offense involves the production, use, possession, control, or advertising of matter or image that depicts a person under 18 years of age personally engaging in or simulating sexual conduct, as defined in subdivision (d) of Section 311.4, in which the violation is committed on, or via, a government-owned computer or via a government-owned computer network, shall, in addition to any imprisonment or fine imposed for the commission of the underlying offense, be punished by a fine not exceeding two thousand dollars ($2,000), unless the court determines that the defendant does not have the ability to pay.
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All |
NA |
Not provided for | Not provided for | Not provided for | Yes |
Won't need to pay fine. |
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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. 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.
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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 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.
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Before imposition of fine or fee | Not provided for | Determined by judge after hearing | Yes |
fee will be reduced |
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California | Cal. Pen. Code § 594(c) | Vandalism; Punishment |
(d) If a minor is personally unable to pay a fine levied for acts prohibited by this section, the parent of that minor shall be liable for payment of the fine. A court may waive payment of the fine, or any part thereof, by the parent upon a finding of good cause.
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All |
NA |
Not provided for | Not provided for | Not provided for | No |
Court may waive the fee |
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California | Cal. Pen. Code § 1203.1ab | Abstinence from use of controlled substances as condition of probation |
Upon conviction of any offense involving the unlawful possession, use, sale, or other furnishing of any controlled substance, . . . the court, when recommended by the probation officer, shall require as a condition of probation that the defendant shall not use or be under the influence of any controlled substance and shall submit to drug and substance abuse testing as directed by the probation officer. If the defendant is required to submit to testing and has the financial ability to pay all or part of the costs associated with that testing, the court shall order the defendant to pay a reasonable fee, which shall not exceed the actual cost of the testing.
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All |
NA |
Not provided for | Not provided for | Not provided for | Yes |
Defendant shall only pay all or part of the costs associated with substance abuse testing depending on financial ability. |
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California | Cal. Pen. Code § 1464(d) | Proceedings in Misdemeanor and Infraction Case: Penalty assessment; Distribution of funds |
(d) In any case where a person convicted of any offense, to which this section applies, is in prison until the fine is satisfied, the judge may waive all or any part of the state penalty, the payment of which would work a hardship on the person convicted or his or her immediate family.
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All |
NA |
Not provided for | Not provided for | Not provided for | No |
Judge may waive some or all of penalty. |
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California | Cal. Pen. Code § 311.12(a)(2) | Penalties for depicting minors engaging in sexual conduct through the use of government-owned computer or in which the production, transportation, or distribution involves government-owned property; Use of revenues |
(2) Every person who is convicted of a violation of Section 311.1, 311.2, 311.3, 311.10, or 311.11 in which the offense involves the production, use, possession, control, or advertising of matter or image that depicts a person under 18 years of age personally engaging in or simulating sexual conduct, as defined in subdivision (d) of Section 311.4, in which the production, transportation, or distribution of which involves the use, possession, or control of government-owned property shall, in addition to any imprisonment or fine imposed for the commission of the underlying offense, be punished by a fine not exceeding two thousand dollars ($2,000), unless the court determines that the defendant does not have the ability to pay.
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All |
NA |
Not provided for | Not provided for | Not provided for | Yes |
Won't need to pay fine. |
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California | Cal. Pen. Code § 1203.1ab | Abstinence from use of controlled substances as condition of probation |
Upon conviction of any offense involving the unlawful possession, use, sale, or other furnishing of any controlled substance, as defined in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, in addition to any or all of the terms of imprisonment, fine, and other reasonable conditions specified in or permitted by Section 1203.1, unless it makes a finding that this condition would not serve the interests of justice, the court, when recommended by the probation officer, shall require as a condition of probation that the defendant shall not use or be under the influence of any controlled substance and shall submit to drug and substance abuse testing as directed by the probation officer. If the defendant is required to submit to testing and has the financial ability to pay all or part of the costs associated with that testing, the court shall order the defendant to pay a reasonable fee, which shall not exceed the actual cost of the testing.
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All |
NA |
Not provided for | Not provided for | Not provided for | No |
Court my reduce payment |
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California | Cal. Pen. Code § 1203.1b(a) | Payment of probation costs as condition of probation |
In any case in which a defendant is convicted of an offense and is the subject of any pre plea or presentence investigation and report, whether or not probation supervision is ordered by the court, and in any case in which a defendant is granted probation, given a conditional sentence, or receives a term of mandatory supervision pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170, the probation officer, or his or her authorized representative, taking into account any amount that the defendant is ordered to pay in fines, assessments, and restitution, shall make a determination of the ability of the defendant to pay all or a portion of the reasonable cost of any probation supervision, conditional sentence, or term of mandatory supervision, of conducting any pre plea investigation and preparing any pre plea report pursuant to Section 1203.7, of conducting any presentence investigation and preparing any presentence report made pursuant to Section 1203, and of processing a jurisdictional transfer pursuant to Section 1203.9 or of processing a request for interstate compact supervision pursuant to Sections 11175 to 11179, inclusive, whichever applies.
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All |
NA |
Not provided for | Not provided for | Other | Yes |
NA |
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California | Cal. Pen. Code § 241.2(a)(2) | Punishment for assault while on school property |
(2) When a violation of this section is committed by a minor on school property, the court may, in addition to any other fine, sentence, or as a condition of probation, order the minor to attend counseling as deemed appropriate by the court at the expense of the minor’s parents. The court shall take into consideration the ability of the minor’s parents to pay, however, no minor shall be relieved of attending counseling because of the minor’s parents’ inability to pay for the counseling imposed by this section.
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Misdemeanor |
NA |
Not provided for | Not provided for | Not provided for | Yes |
Not specified |
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California | Cal. Pen. Code § 374.3(j) | Illegal dumping on roads, right-of-way, or private or public property; Use of own property; Mandatory fine; Removal of waste; Punishment for dumping in commercial quantities |
(j) Except in unusual cases where the interests of justice would be best served by waiving or reducing a fine, the minimum fines provided by this section shall not be waived or reduced.
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Misdemeanor |
NA |
Not provided for | Not provided for | Not provided for | No |
Fine may be waived or reduced. |
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California | Cal. Pen. Code § 647.1 | Asking or receiving bribes by public officers or employees; Restitution fine |
In addition to any fine assessed under Section 647, the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates subdivision (a) or (b) of Section 647, or, if the offense involves intravenous use of a controlled substance, subdivision (f) of Section 647, with the proceeds of this fine to be used in accordance with Section 1463.23.The court shall, however, take into consideration the defendant’s ability to pay and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this section.
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Misdemeanor |
NA |
Not provided for | Not provided for | Not provided for | Yes |
Defendant may not be denied probation if unable to pay fine |
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California | Cal. Pen. Code § 1203.1bb(b) | Cost of probation to include purchase and installation of ignition interlock device |
(b) This section does not require any county to pay the costs of purchasing and installing any ignition interlock devices ordered pursuant to Section 13386 of the Vehicle Code. The Office of Traffic Safety shall consult with the presiding judge or his or her designee in each county to determine an appropriate means, if any, to provide for installation of ignition interlock devices in cases in which the defendant has no ability to pay.
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All |
NA |
Not provided for | Not provided for | Not provided for | Yes |
The Office of Traffic Safety shall consult with the presiding judge or his or her designee in each county to determine an appropriate means, if any, to provide for installation of ignition interlock devices in cases in which the defendant has no ability to pay.
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California | Cal. Pen. Code § 243(e)(2)(B) | Punishment for battery generally; Punishment for battery against specified officers or others |
For any order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant’s ability to pay. In no event shall any order to make payments to a battered women’s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. If the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.
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Misdemeanor |
NA |
Not provided for | Not provided for | Not provided for | Yes |
Not specified |
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California | Cal. Pen. Code § 423.3(e) | CALIFORNIA FREEDOM OF ACCESS TO CLINIC AND CHURCH ENTRANCES ACT: Punishment for violation; Jurisdiction; Violation of federal act |
(e) In imposing fines pursuant to this section, the court shall consider applicable factors in aggravation and mitigation set out in Rules 4.421 and 4.423 of the California Rules of Court, and shall consider a prior violation of the federal Freedom of Access to Clinic Entrances Act of 1994 (18 U.S.C. Sec. 248), or a prior violation of a statute of another jurisdiction that would constitute a violation of Section 423.2 or of the federal Freedom of Access to Clinic Entrances Act of 1994, to be a prior violation of Section 423.2.
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Misdemeanor |
NA |
Not provided for | Not provided for | Not provided for | Yes |
Not specified |
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California | Cal. Pen. Code § 1463.13(e) | Proceedings in Misdemeanor and Infraction Cases: Alcohol and drug problem assessment program |
(e) The court shall determine if the defendant has the ability to pay the assessment. If the court determines that the defendant has the ability to pay the assessment then the court may set the amount to be reimbursed and order the defendant to pay that sum to the county in the manner which the court determines is reasonable and compatible with the defendant’s financial ability. In making a determination of whether a defendant has the ability to pay, the court shall take into account the amount of any fine imposed upon the defendant and any amount the defendant has been ordered to pay in victim restitution.
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All |
In making a determination of whether a defendant has the ability to pay, the court shall take into account the amount of any fine imposed upon the defendant and any amount the defendant has been ordered to pay in victim restitution.
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Not provided for | Not provided for | Not provided for | Yes |
reduce costs |
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California | Cal. Pen. Code § 261.5(e)(3) | Unlawful sexual intercourse with a minor; Misdemeanor or felony violation; Civil penalties |
(3) In addition to any punishment imposed under this section, the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates this section with the proceeds of this fine to be used in accordance with Section 1463.23. The court shall, however, take into consideration the defendant’s ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.
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All |
NA |
Not provided for | Not provided for | Not provided for | Yes |
No defendant shall be denied probation because of his or her inability to pay the fine. |
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California | Cal. Pen. Code § 529.5(c) | Possession, manufacture, or sale of documents falsely purporting to be government identification |
(c) Any person who possesses a document described in subdivision (a) and who knows that the document is not a government-issued document is guilty of a misdemeanor punishable by a fine of not less than one thousand dollars ($1,000) and not more than two thousand five hundred dollars ($2,500). The misdemeanor fine shall be imposed except in unusual cases where the interests of justice would be served. The court may allow an offender to work off the fine by doing community service. If community service work is not available, the misdemeanor shall be punishable by a fine of up to one thousand dollars ($1,000), based on the person’s ability to pay.
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Misdemeanor |
NA |
Not provided for | Not provided for | Not provided for | No |
reduced fine/community service |
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California | Cal. Pen. Code § 1202.4(c) | Restitution; Amount; Hearing and court order; Financial disclosure |
The court shall impose the restitution fine unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record. A defendant's inability to pay shall not be considered a compelling and extraordinary reason not to impose a restitution fine. Inability to pay may be considered only in increasing the amount of the restitution fine in excess of the minimum fine pursuant to paragraph (1) of subdivision (b).
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All |
NA |
Not provided for | Not provided for | Not provided for | No |
A defendant's inability to pay shall not be considered a compelling and extraordinary reason not to impose a restitution fine. Inability to pay may be considered only in increasing the amount of the restitution fine in excess of the minimum fine
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California | Cal. Pen. Code § 262(d) | Rape, Abduction, Carnal Abuse of Children, and Seduction: Spousal rape |
For any order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant’s ability to pay. In no event shall any order to make payments to a battered women’s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.
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All |
NA |
Not provided for | Not provided for | Not provided for | Yes |
Not specified |
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California | Cal. Pen. Code § 1001.90(c) | Diversion Restitution Fee: Imposition of fee; Amount |
(c) The diversion restitution fee shall be ordered regardless of the defendant’s present ability to pay. However, if the court finds that there are compelling and extraordinary reasons, the court may waive imposition of the fee. When the waiver is granted, the court shall state on the record all reasons supporting the waiver. Except as provided in this subdivision, the court shall impose the separate and additional diversion restitution fee required by this section.
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All |
NA |
Not provided for | Not provided for | Other | No |
Court may waive imposition of the fee. |
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.