Ability to Pay

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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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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
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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. The court may waive all or any portion of such fee depending on such person’s 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.
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
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justice.
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
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of the evidence, or printing the briefs and the appendices to the briefs, such costs shall be defrayed by the state.
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
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such 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.
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

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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.

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

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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.

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

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an affidavit of indigency or inability to pay, and (2) the court enters a finding thereof.

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

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or inability to pay, and (2) the court enters a finding thereof

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

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test be administered, at such person’s 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.

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

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obligations of the offender; (B) the offender’s 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 offender’s 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.

All

current financial resources of the offender or the offender’s 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

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inability to pay, (2) such indigency is confirmed by the Court Support Services Division, and (3) the court enters a finding thereof.

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

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prosecution shall be waived by the court, except as authorized by such provision or for good cause shown.

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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Virginia Va. Code Ann. § 19.2-355 Petition of defendant
(a) In determining whether the defendant is unable to pay such fine forthwith, the court may require such defendant to file a petition, under oath, with the court, upon a
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form provided by the court, setting forth the financial condition of the defendant. (b) Such form shall be a questionnaire, and shall include, but shall not be limited to: the name and residence of the defendant; his occupation, if any; his family status and the number of persons dependent upon him; his monthly income; whether or not his dependents are employed and, if so, their approximate monthly income; his banking accounts, if any; real estate owned by the defendant, or any interest he may have in real estate; income produced therefrom; any independent income accruing to the defendant; tangible and intangible personal property owned by the defendant, or in which he may have an interest; and a statement listing the approximate indebtedness of the defendant to other persons. Such form shall also include a payment plan of the defendant, if the court should exercise its discretion in permitting the payment of such fine and costs in installments or other conditions to be fixed by the court.
All Not provided for Before imposition of fine or fee Not provided for Not provided for No

permitting the payment of such fine and costs in installments or other conditions to be fixed by the court