Data Explorer: Ability to pay | 50 State Criminal Justice Debt Tool

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.

10 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
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 534.020	"Methods of imposing fines; installment payment plan; determination of reason for defendant's default; show cause hearing; certain installment payments not to be reported as liquidated debt"	(2) If the court establishes an installment payment plan for a defendant to pay the full amount of court costs, fees, or fines: (a) The defendant shall be given notice + See more of the total amount due, the payment frequency, and the date by which all payments must be made. The notice shall indicate that if the defendant has not complied with the installment payment plan by the scheduled date, he or she shall appear on that date to show good cause as to why he or she is unable to satisfy the obligations. This notice shall be given to the defendant in writing on a form provided by the Administrative Office of the Courts; (3)(a) If a defendant is required to appear at a show cause hearing pursuant to subsection (2)(a) of this section, the court shall determine whether the defendant's default in payment of court costs, fees, or fines is: 1. Excusable due to an inability to pay, and if so, the court may enter an order allowing additional time for payment, reducing the amount of each installment, or modifying the manner of payment in any other way; or 2. Willful and not due to an inability to pay, and if so, the court may order the defendant to jail on the condition that the defendant shall be released upon payment or completion of daily credit pursuant to KRS 534.070.	All	Not provided for	At enforcement of fine or fee	Not provided for	Determined by judge after hearing	Yes	Allowing additional time for payment, reducing the amount of each installment, or modifying the manner of payment in any other way.
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 441.265(5)	"Required reimbursement by prisoner of costs of confinement; local policy of fee and expense rates; billing and collection methods"	(5) The governing body of the county may require a prisoner who is confined in the county jail to pay a reasonable fee, not exceeding actual cost, for any medical + See more treatment or service received by the prisoner. However, no prisoner confined in the jail shall be denied any necessary medical care because of inability to pay.	All	Not provided for	Before imposition of fine or fee	Not provided for	Administrative decision	Yes	N/A
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 532.454(5)	Persons prohibited from probation or postincarceration supervision; procedure when probation or postincarceration supervision not prohibited	(5) The offender shall pay for any evaluation or treatment required pursuant to this section up to the offender's ability to pay but not more than the actual cost of + See more the comprehensive sex offender presentence evaluation or treatment.	All	Not provided for	Before imposition of fine or fee	Not provided for	Administrative decision	No	N/A
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 532.354(1)	Copayment for medical treatment	(1) A local government may require prisoners to make a reasonable copayment in advance of medical treatment received through a regional jail facility. No prisoner shall be denied medical treatment + See more by reason of indigency, but a prisoner may be required to pay for medical treatment as part of any reimbursement order entered by the sentencing court.	All	Indigency	Not provided for	Not provided for	Not provided for	No	N/A
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 532.352	Reimbursement for costs of incarceration	(1) The sentencing court may order a person who is sentenced to a term of incarceration for any nonstatus juvenile offense, moving traffic violation, criminal violation, misdemeanor, or Class D + See more felony offense to reimburse the state or local government for the costs of his incarceration. The reimbursements paid under this subsection shall be credited to the local government sinking fund. (2) The sentencing court shall determine the amount of incarceration costs to be paid based on the following factors: (a) The actual per diem, per person, cost of incarceration; (b) The cost of medical services provided to a prisoner less any copayment paid by the prisoner; and (c) The prisoner's ability to pay all or part of his incarceration costs.	All	Not provided for	Not provided for	Not provided for	Not provided for	No	N/A
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 23A.205	Court costs for criminal cases in Circuit Court; payment required; exceptions	(1) Court costs for a criminal case in the Circuit Court shall be one hundred dollars ($100). (2) The taxation of court costs against a defendant, upon conviction in a + See more case, shall be mandatory and shall not be subject to probation, suspension, proration, deduction, or other form of nonimposition in the terms of a plea bargain or otherwise, unless the court finds that the defendant is a poor person as defined by KRS 453.190(2) and that he or she is unable to pay court costs and will be unable to pay the court costs in the foreseeable future. (3) If the court finds that the defendant does not meet the standard articulated in subsection (2) of this section and that the defendant is nonetheless unable to pay the full amount of the court costs, fees, or fines at the time of sentencing, then the court may establish an installment payment plan in accordance with KRS 534.020.	All	"A poor person" as defined by statute.	Not provided for	Not provided for	Not provided for	No	Fee probation, suspension, proration, deduction, or other form of nonimposition
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 23A.208(3)	Additional fee for sex crime, stalking, or related inchoate offenses	(3) The court may waive all or any portion of the fee required by this section if the court finds that a person subject to the surcharge is indigent or + See more financially unable to pay all or any portion of the surcharge. The court may waive only the portion of the surcharge that the court finds the person is financially unable to pay.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Waive portion of surcharge.
Add to Dashboard + Create New	West Virginia	W. Va. Code § 62-12-17(a)(5),(c)	Conditions of release on probation and parole	(a) Release and supervision on parole of any person, including the supervision by the Division of Corrections of any person paroled by any other state or by the federal government, + See more shall be upon the following conditions: . . . (5) That the parolee, and all federal or foreign state probationers and parolees whose supervision may have been undertaken by this state, pay a fee, based on his or her ability to pay, not to exceed $40 per month to defray the costs of supervision. (c) The Division of Corrections shall consider the following factors in determining whether a parolee or probationer is financially able to pay the fee: (1) Current income prospects for the parolee or probationer, taking into account seasonal variations in income; (2) Liquid assets of the parolee or probationer, assets of the parolee or probationer that may provide collateral to obtain funds and assets of the parolee or probationer that may be liquidated to provide funds to pay the fee; (3) Fixed debts and obligations of the parolee or probationer, including federal, state and local taxes and medical expenses; (4) Child care, transportation and other reasonably necessary expenses of the parolee or probationer related to employment; and (5) The reasonably foreseeable consequences for the parolee or probationer if a waiver of, or reduction in, the fee is denied.	All	Consideration of: (1) Current income prospects for the parolee or probationer, taking into account seasonal variations in income; (2) Liquid assets of the parolee or probationer, assets of the parolee + See more or probationer that may provide collateral to obtain funds and assets of the parolee or probationer that may be liquidated to provide funds to pay the fee; (3) Fixed debts and obligations of the parolee or probationer, including federal, state and local taxes and medical expenses; (4) Child care, transportation and other reasonably necessary expenses of the parolee or probationer related to employment; and (5) The reasonably foreseeable consequences for the parolee or probationer if a waiver of, or reduction in, the fee is denied.	Before imposition of fine or fee	Not provided for	Administrative decision	No	No fee or reduced fee
Add to Dashboard + Create New	West Virginia	W. Va. Code § 61-11A-4(g)	Restitution; when ordered	(g) If the defendant is placed on probation or paroled under this article, any restitution ordered under this section shall be a condition of the probation or parole unless the + See more court or Parole Board finds restitution to be wholly or partially impractical as set forth in this article. The court may revoke probation and the Parole Board may revoke parole if the defendant fails to comply with the order. In determining whether to revoke probation or parole, the court or Parole Board shall consider the defendant's employment status, earning ability, financial resources, the willfulness of the defendant's failure to pay, and any other special circumstances that may have a bearing on the defendant's ability to pay.	All	The defendant's employment status, earning ability, financial resources, the willfulness of the defendant's failure to pay, and any other special circumstances that may have a bearing on the defendant's ability + See more to pay.	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Court/Parole Board may choose not to revoke probation or parole.
Add to Dashboard + Create New	West Virginia	W. Va. Code § 50-3-2a(c)(1)	Payment by credit card or payment plan; suspension of licenses for failure to make payments or appear or respond; restitution; liens	(c)(1) If any costs, fines, fees, forfeitures, restitution or penalties imposed by the magistrate court in a criminal case are not paid within one hundred eighty days from the date of + See more judgment and the expiration of any stay of execution, the magistrate court clerk or, upon judgment rendered on appeal, the circuit clerk shall notify the Commissioner of the Division of Motor Vehicles of the failure to pay: Provided, That in a criminal case in which a nonresident of this state is convicted of a motor vehicle violation defined in section three-a [§ 17B-3-3a], article three, chapter seventeen-b of this code, the appropriate clerk shall notify the Division of Motor Vehicles of the failure to pay within eighty days from the date of judgment and expiration of any stay of execution. Upon notice, the Division of Motor Vehicles shall suspend any privilege the person defaulting on payment may have to operate a motor vehicle in this state, including any driver's license issued to the person by the Division of Motor Vehicles, until all costs, fines, fees, forfeitures, restitution or penalties are paid in full. The suspension shall be imposed in accordance with the provisions of section six [§ 17B-3-6], article three, chapter seventeen-b of this code: Provided, That any person who has had his or her license to operate a motor vehicle in this state suspended pursuant to this subsection and his or her failure to pay is based upon inability to pay, may, if he or she is employed on a full- or part-time basis, petition to the circuit court for an order authorizing him or her to operate a motor vehicle solely for employment purposes. Upon a showing satisfactory to the court of inability to pay, employment and compliance with other applicable motor vehicle laws, the court shall issue an order granting relief.	All	Not provided for	At enforcement of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Circuit court may issue an order authorizing the individual to operate a motor vehicle solely for employment purposes.

Ability to Pay

Timeline

Burden of proof

Method of determination

Mandatory

Narrrow results

Level of Offense

Ability to Pay

State

Keyword search

Reset

Timeline

Burden of proof

Method of determination

Mandatory

Narrrow results

Level of Offense