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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
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Massachusetts Mass. Gen. Laws ch. 266, § 27A Removing or Concealing Motor Vehicles or Trailers to Defraud Insurers; Reimbursement of Insurers.

If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court shall hold him in contempt unless said defendant has made

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a good faith effort to pay such restitution. If said defendant has made a good faith effort to pay such restitution, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.

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N/A

At enforcement of fine or fee Not provided for Determined by judge without hearing No

modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.

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Massachusetts Mass. Gen. Laws ch. 276, § 30 Default Warrants — Warrant for Forfeiting or Defaulting on Bail Bond or Recognizance — Fees.

Notwithstanding any law, rule or regulation to the contrary, whenever a default warrant, issued in any jurisdiction in the commonwealth against any person, is recalled by a court, the court

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shall assess a fee of fifty dollars against the person in payment of the costs of recalling the warrant, except that the court may waive the fee upon a finding of good cause or upon a finding that such a fee would cause a substantial financial hardship to the person, the person’s immediate family or the person’s dependents.

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A substantial financial hardship to the person, the person’s immediate family or the person’s dependents.

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

Fee waiver

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Massachusetts Mass. Gen. Laws ch. 276, § 87A Participation in Rehabilitative Programs or Performance of Community Service Work.

The court shall not assess said monthly probation fee or said administrative probation fee upon any person placed on supervised probation or administrative supervised probation after release from prison or

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a house of correction for said person’s first 6 months of such probation. Either or both of said fees shall be assessed after the first 6 months of such probation unless otherwise waived by the court pursuant to this section.

The court may waive payment of either or both of said fees if it determines after a hearing that such payment would impose a substantial financial hardship on the person, the person’s immediate family or dependents. Following the hearing and upon a finding of hardship, the court may require any such person to perform unpaid community service work at a public or nonprofit agency or facility, monitored by the probation department, for not more than 4 hours per month in lieu of payment of a probation fee. A waiver shall be in effect only during the period of time that a person is unable to pay the monthly probation fee.

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A substantial financial hardship on the person, the person’s immediate family or dependents

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

Perform unpaid community service work at a public or nonprofit agency or facility, monitored by the probation department, for not more than 4 hours per month in lieu of payment

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of a probation fee; waiver in effect only during the period of time that a person is unable to pay the monthly probation fee.

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Massachusetts Mass. Gen. Laws ch. 276, § 87A Participation in Rehabilitative Programs or Performance of Community Service Work.

The court shall also assess upon every person placed on supervised probation, including all persons placed on probation for offenses under section 24 of chapter 90, a monthly probationers’ victim services

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surcharge, hereinafter referred to as “victim services surcharge”, in the amount of $5 per month. Said person shall pay said victim services surcharge once each month during such time as said person remains on supervised probation. The court shall assess upon every person placed on administrative supervised probation a monthly administrative probationer’s victim services surcharge, hereinafter referred to as “administrative victim services surcharge” in the amount of $5 per month.

Said person shall pay said administrative victim services surcharge once each month during such time as said person remains on administrative supervised probation. Notwithstanding the foregoing, said fees shall not be assessed upon any person accused or convicted of a violation of section 1 or 15 of chapter 273, where compliance with an order of support for a spouse or minor child is a condition of probation.

The court may waive payment of either or both of said fees if it has determined, after a hearing, that the payment would impose a substantial financial hardship on the person, the person’s immediate family or dependents. A waiver shall be in effect only during the period of time that the person is unable to pay the monthly probation fee.

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Substantial financial hardship on the person, the person’s immediate family or dependents

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

Waiver in effect only during the period of time that the person is unable to pay the monthly probation fee.

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Massachusetts Mass. Gen. Laws ch. 276, § 92A Restitution in cases involving motor vehicle theft or fraudulent claims

Restitution shall be imposed in addition to incarceration or fine, but not in lieu thereof. In an extraordinary case such as indigency, the court may determine that the interests of

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the victim and justice would not be served by ordering restitution. In such a case, the court shall make and enter specific written findings on the record concerning the extraordinary circumstances presented which militated against the imposition of restitution.

The court shall, after conviction, conduct an evidentiary hearing to ascertain the extent of the damages or financial loss suffered as a result of the defendant’s crime. The court may then determine the amount and method of restitution. In so determining, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant. The defendant’s present and future ability to make such restitution shall be considered.

A defendant ordered to make restitution may petition the court for remission from any payment of restitution or from any unpaid portion thereof. If the court finds that the payment of restitution due will cause a substantial financial hardship to the defendant, the defendant’s immediate family or the defendant’s dependents, the court may grant remission from any payment of restitution, or modify the amount, time or method of payment.

If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court may hold him in contempt unless said defendant has made a good faith effort to make restitution. If the defendant has made a good faith effort to make restitution, the court may, upon motion of the defendant, modify the order requiring restitution by: (a) providing for additional time to make any payment in restitution; (b) reducing the amount of any payment in restitution or installment thereof; (c) granting a remission from any payment of restitution or part thereof.

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Indigency; a substantial financial hardship to the defendant, the defendant’s immediate family or the defendant’s dependents; modify the order requiring restitution by (a) providing for additional time to make any payment in restitution;

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(b) reducing the amount of any payment in restitution or installment thereof; (c) granting a remission from any payment of restitution or part thereof.

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

Not order restitution; remission from any payment of restitution, or modification the amount, time or method of payment; 

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Massachusetts Mass. Gen. Laws ch. 276, § 31 Default Warrant for Failure to Pay — Additional Fees — Payment to Court's Administrative Office.

Whenever a court issues a default warrant solely due to the person’s failure to pay a fine, assessment, court cost, restitution, support payment or other amount as ordered by the

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court or required by law, the court shall specify the amount owed, including an additional assessment of $50 which assessment may be waived by the court upon a finding of good cause or upon a finding that such an assessment would cause a substantial financial hardship to the person, the person’s immediate family or the person’s dependents, with a statement that the warrant against the person may be discharged upon payment of the amount and the assessment, if any, and shall note the same in the warrant management system. 

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

Fee waiver

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Massachusetts Mass. Gen. Laws ch. 279, § 1 Suspended Sentences — Imprisonment.

When a person so convicted is sentenced to pay a fine and to stand committed until it is paid, the court may direct that the execution of the sentence, or

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any part thereof, be suspended for such time as it shall fix and in its discretion that he be placed on probation on condition that he pay the fine within such time . . . If during or at the end of said period the probation officer shall report that the fine is in whole or in part unpaid, and in his opinion the person is unwilling or unable to pay it, the court may either extend said period, place the case on file or revoke the suspension of the execution of the sentence. 

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Not provided for

Not provided for Not provided for Not provided for No

Extend probation period

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Massachusetts Mass. Gen. Laws ch. 276, § 37A Assignment of counsel

If a person is charged with a capital crime and brought before a district court for the initial appearance, the superior court may assign counsel upon his petition and upon

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certification of the charge to the superior court by the clerk of the district court. The examination shall thereupon be continued until the assignment of counsel has been made, and certification thereof received by the clerk of the district court, or until the petition for assignment of counsel has been otherwise disposed of. Upon a determination that a person accused of murder in the first or second degree is indigent, the chief counsel of the committee for public counsel services, or his designee, may assign the case to either the public counsel division or the private counsel division.

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Indigent

Not provided for Not provided for Determined by judge without hearing No

N/A

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Massachusetts Mass. Gen. Laws ch. 279, § 1A Suspension of execution of sentence; probation; child support payments

If during or at the end of said period the probation officer shall report that the fine is in whole or in part unpaid, and in his opinion the person

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is unwilling or unable to pay it, the court may either extend said period, place the case on file or revoke the suspension of the execution of the sentence. When such suspension is revoked, in a case where the fine has been paid in part, the defendant may be committed for default in payment of the balance, and may also be committed for the term of imprisonment fixed in the original sentence. 

All Not provided for At enforcement of fine or fee Not provided for Determined by judge without hearing No

Extend probation period