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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.
32 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. § 53a-30(e) | Conditions of probation and conditional discharge. | If the court finds that the person subject to electronic monitoring is indigent and unable to pay the costs of electronic monitoring services, it shall waive such costs. | All |
indigent and unable to pay the costs |
At enforcement of fine or fee | Not provided for | Not provided for | Yes |
The court shall waive such costs |
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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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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. § 54-74. | Remission of fine. |
Any judge of the Superior Court may remit any fine, if in his judgment such course will tend to the reformation of offenders or the furtherance of the ends of + See morejustice.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Not provided for | No |
Remission of fine |
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Connecticut | Conn. Gen. Stat. § 54-151 | Cost of transcript and printing on appeal. |
In any appeal in a criminal action, where it appears to the trial court that the accused is without funds with which to defray the costs of securing a transcript + See moreof the evidence, or printing the briefs and the appendices to the briefs, such costs shall be defrayed by the state.
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All |
"without funds with which to defray the costs" |
At enforcement of fine or fee | Not provided for | Not provided for | Yes |
costs shall be defrayed by the state |
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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. § 17a-696(e) | Order for suspension of prosecution and treatment for alcohol or drug dependency. |
. . . (4) the accused person, unless such accused person is indigent, has paid to the clerk of the court an administration fee of twenty-five dollars. |
All |
indigent |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
waiver of fee |
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Connecticut | Conn. Gen. Stat. § 17a-696(e) | Order for suspension of prosecution and treatment for alcohol or drug dependency. |
The accused person shall, unless indigent, pay the cost of treatment ordered under this section. |
All |
indigent |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
waiver of cost of treatment |
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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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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. § 54-56g(g) | Pretrial alcohol education program (victim impact panel program fees) |
. . . provided such organization shall offer a hardship waiver when it has determined that the imposition of a fee would pose an economic hardship for such person. |
All |
economic hardship |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
hardship waiver |
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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. § 54-125f(d) | Pilot zero-tolerance drug supervision program. |
. . . if the participant is determined to be indigent, based upon financial affidavits, the Board of Pardons and Paroles shall pay the cost of the test |
All |
indigent, based upon financial affidavits |
Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
Department of Correction shall pay the cost |
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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. § 18-100e(d) | Pilot zero-tolerance drug supervision program (urinalysis fee) |
(d) Any person who has submitted to a urinalysis drug test pursuant to subsection (c) of this section that produced a positive result may request that a second urinalysis drug test be administered, at such persons expense, to confirm the results of the first test, except that if the participant is determined to be indigent, based upon financial affidavits, the Department of Correction shall pay the cost of the test. The second drug test shall be a urinalysis drug test, separate and independent of the initial test.
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All |
indigent, based upon financial affidavits |
Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
Department of Correction shall pay the cost |
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Connecticut | Conn. Gen. Stat. § 53a-28(c) | Authorized sentences. |
. . . In determining the appropriate terms of financial restitution, the court shall consider: (A) The financial resources of the offender and the burden restitution will place on other obligations of the offender; (B) the offenders ability to pay based on installments or other conditions; (C) the rehabilitative effect on the offender of the payment of restitution and the method of payment; and (D) other circumstances, including the financial burden and impact on the victim, that the court determines make the terms of restitution appropriate. If the court determines that the current financial resources of the offender or the offenders current ability to pay based on installments or other conditions are such that no appropriate terms of restitution can be determined, the court may forego setting such terms.
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All |
current financial resources of the offender or the offenders current ability to pay based on installments or other conditions are such that no appropriate terms of restitution can be determined |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
The court may forgo setting restitution |
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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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Oregon | Or. Rev. Stat. § 161.645 | Ability to pay -- prior to imposition of fine |
In determining whether to impose a fine and its amount, the court shall consider:
(1) The financial resources of the defendant and the burden that payment of a fine will impose, + See morewith due regard to the other obligations of the defendant; and
(2) The ability of the defendant to pay a fine on an installment basis or on other conditions to be fixed by the court. [1971 c.743 §78]
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All |
(1) The financial resources of the defendant and the burden that payment of a fine will impose, with due regard to the other obligations of the defendant; and ability of the defendant to pay a fine on an installment basis or on other conditions to be fixed by the court. [1971 c.743 §78]
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Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Payment plan |
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