50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
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.
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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.
12 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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Connecticut | Conn. Gen. Stat. § 54-56i(g) | Pretrial drug education and community service program. |
No person may be excluded from any such program for inability to pay such fee or cost, provided (1) such person files with the court an affidavit of indigency or + See moreinability to pay, (2) such indigency or inability to pay is confirmed by the Court Support Services Division, and (3) the court enters a finding thereof. The court may waive all or any portion of such fee depending on such persons ability to pay. If the court finds that a person is indigent or unable to pay for a substance abuse treatment program, the costs of such program shall be paid from the pretrial account established under section 54-56k.
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indigency |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | Yes |
costs of such program shall be paid from the pretrial account |
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Connecticut | Conn. Gen. Stat. § 54-147 | Rules for payment of expenses. Waiver of fee or cost. |
(a) The judges of the Superior Court may establish rules, in addition to those established by statute, for the payment of the expenses of all criminal proceedings or prosecutions, except + See moresuch expenses as are incurred by the Division of Criminal Justice.(b) No fee or cost imposed pursuant to any provision of the general statutes on a person who is a defendant or has been convicted in a criminal proceeding or prosecution shall be waived by the court, except as authorized by such provision or for good cause shown.
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All |
"good cause shown" to waive fees |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | No |
waiver of fee or cost |
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Connecticut | Conn. Gen. Stat. § 54-56i(i) | Pretrial drug education and community service program (program reinstatement fees) |
. . . Unless good cause is shown, such program fee shall not be waived. |
All |
"good cause" |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | No |
waiver of fees |
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Connecticut | Conn. Gen. Stat. § 54-56e(e) | Accelerated pretrial rehabilitation |
. . . No person may be excluded from such program for inability to pay such fee, provided (1) such person files with the court an affidavit of indigency or inability to pay, (2) such indigency or inability to pay is confirmed by the Court Support Services Division, and (3) the court enters a finding thereof.
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indigency |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | Yes |
admission to program without paying fees |
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Connecticut | Conn. Gen. Stat. § 54-56g(e) | Pretrial alcohol education program (reinstatement fees) |
. . . Unless good cause is shown, such fees shall not be waived. |
All |
"good cause" |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | No |
waiver of fees |
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Connecticut | Conn. Gen. Stat. § 54-56g(c) | Pretrial alcohol education program |
. . . No person may be excluded from either program for inability to pay such fee or cost, provided (1) such person files with the court an affidavit of indigency or inability to pay, (2) such indigency or inability to pay is confirmed by the Court Support Services Division, and (3) the court enters a finding thereof. If the court finds that a person is indigent or unable to pay for a treatment program, the costs of such program shall be paid from the pretrial account established under section 54-56k. If the court finds that a person is indigent or unable to pay for an intervention program, the court may waive all or any portion of the fee for such intervention program.
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All |
indigency |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | Yes |
costs of such program shall be paid from the pretrial account |
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Connecticut | Conn. Gen. Stat. § 54-56j(f) | Pretrial school violence prevention program. |
. . . no student shall be excluded from such program for inability to pay such cost provided (1) the parent or guardian of such student files with the court an affidavit of indigency or inability to pay, and (2) the court enters a finding thereof.
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All |
indigency |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | Yes |
admission to program without paying fees |
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Connecticut | Conn. Gen. Stat. § 46b-38c(i) | Pretrial family violence education program; fees. |
. . . no person shall be excluded from such program for inability to pay any such fee, provided (1) the person files with the court an affidavit of indigency or inability to pay, and (2) the court enters a finding thereof
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All |
indigency |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | Yes |
admission to program without paying fees |
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Connecticut | Conn. Gen. Stat. § 53a-39c(b) | Community service labor program. |
. . . no person may be excluded from such program for inability to pay such fee, provided (1) such person files with the court an affidavit of indigency or inability to pay, (2) such indigency is confirmed by the Court Support Services Division, and (3) the court enters a finding thereof.
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All |
indigency |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | Yes |
admission to program without paying fees |
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Connecticut | Conn. Gen. Stat. § 54-147 | Rules for payment of expenses. Waiver of fee or cost. |
(b) No fee or cost imposed pursuant to any provision of the general statutes on a person who is a defendant or has been convicted in a criminal proceeding or prosecution shall be waived by the court, except as authorized by such provision or for good cause shown.
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All |
"good cause" |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | No |
waiver of fees |
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North Carolina | N.C. Gen. Stat. Ann. § 15A-1363 | Remission of a fine or costs |
A defendant who has been required to pay a fine or costs, including a requirement to pay fine or costs as a condition of probation, or a prosecutor, may at any time petition the sentencing court for a remission or revocation of the fine or costs or any unpaid portion of it. If it appears to the satisfaction of the court that the circumstances which warranted the imposition of the fine or costs no longer exist, that it would otherwise be unjust to require payment, or that the proper administration of justice requires resolution of the case, the court may remit or revoke the fine or costs or the unpaid portion in whole or in part or may modify the method of payment.
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All |
Circumstances which warranted the imposition of the fine or costs no longer exist, that it would otherwise be unjust to require payment, or that the proper administration of justice requires resolution of the case.
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At defendant's request at enforcement | Burden on defendant to show inability to pay | Not provided for | No |
Court may remit or revoke the fine or costs or the unpaid portion in whole or in part or may modify the method of payment |
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North Carolina | N.C. Gen. Stat. Ann. § 14-208.45 | Sex Offender and Public Protection Registration Programs: Fees |
(a) Except as provided in subsections (b) and (b1) of this section, each person required to enroll pursuant to this Part shall pay a one-time fee of ninety dollars ($90.00). The fee shall be payable to the clerk of superior court, and the fees shall be remitted quarterly to the Division of Adult Correction and Juvenile Justice of the Department of Public Safety. This fee is intended to offset only the costs associated with the time-correlated tracking of the geographic location of subjects using the location tracking crime correlation system.
(b) When a court determines a person is required to enroll pursuant to G.S. 14-208.40A or G.S. 14-208.40B, the court may exempt a person from paying the fee required by subsection (a) of this section only for good cause and upon motion of the person required to enroll in satellite-based monitoring. The court may require that the fee be paid in advance or in a lump sum or sums, and a probation officer may require payment by those methods. (c) When a person is required to enroll based on a determination by the Division of Adult Correction and Juvenile Justice pursuant to G.S. 14-208.40B, the Division of Adult Correction and Juvenile Justice shall have the authority to exempt the person from paying the fee only for good cause and upon request of the person required to enroll in satellite-based monitoring. The Division of Adult Correction and Juvenile Justice may require that the fee be paid in advance or in a lump sum or sums, and a probation officer may require payment by those methods. Credits |
All |
Agency/court has authority to exempt the person from paying the fee only for good cause. |
At defendant's request before imposition of fine or fee | Burden on defendant to show inability to pay | Administrative decision | No |
Fee waiver |
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.