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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Washington Wash. Rev. Code Ann. § 9.94A.6333(3)(a),(c),(f) Sanctions--Modification of sentence--Noncompliance hearing

(3) If an offender fails to pay legal financial obligations as a requirement of a sentence the following provisions apply:
 

(a) The court, upon the motion of the state, or

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upon its own motion, shall require the offender to show cause why the offender should not be punished for the noncompliance. The court may issue a summons or a warrant of arrest for the offender's appearance;

(c) The court may not sanction the offender for failure to pay legal financial obligations unless the court finds, after a hearing and on the record, that the failure to pay is willful. A failure to pay is willful if the offender has the current ability to pay but refuses to do so. In determining whether the offender has the current ability to pay, the court shall inquire into and consider: (i) The offender's income and assets; (ii) the offender's basic living costs as defined by RCW 10.101.010 and other liabilities including child support and other legal financial obligations; and (iii) the offender's bona fide efforts to acquire additional resources. An offender who is indigent as defined by RCW 10.101.010(3) (a) through (c) is presumed to lack the current ability to pay; 

(f) If the court finds that the violation was not willful, the court may, and if the court finds that the defendant is indigent as defined in RCW 10.101.010(3) (a) through (c), the court shall modify the terms of payment of the legal financial obligations, reduce or waive nonrestitution legal financial obligations, or convert nonrestitution legal financial obligations to community restitution hours, if the jurisdiction operates a community restitution program, at the rate of no less than the state minimum wage established in RCW 49.46.020 for each hour of community restitution. The crime victim penalty assessment under RCW 7.68.035 may not be reduced, waived, or converted to community restitution hours.

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Court shall inquire into and consider: (i) The offender's income and assets; (ii) the offender's basic living costs as defined by RCW 10.101.010 and other liabilities including child support and

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other legal financial obligations; and (iii) the offender's bona fide efforts to acquire additional resources; Indigent.

At enforcement of fine or fee Not provided for Determined by judge after hearing No

The court shall modify the terms of payment of the legal financial obligations, reduce or waive nonrestitution legal financial obligations, or convert nonrestitution legal financial obligations to community restitution hours.

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Washington Wash. Rev. Code Ann. § 9.94B.040(4)(c) Noncompliance with condition or requirement of sentence — Procedure — Penalty.

(c) The state has the burden of showing noncompliance by a preponderance of the evidence. The court may not sanction the offender for failure to pay legal financial obligations unless

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the court finds, after a hearing and on the record, that the failure to pay is willful. A failure to pay is willful if the offender has the current ability to pay but refuses to do so. In determining whether the offender has the current ability to pay, the court shall inquire into and consider: (i) The offender’s income and assets; (ii) the offender’s basic living costs as defined by RCW 10.101.010 and other liabilities including child support and other legal financial obligations; and (iii) the offender’s bona fide efforts to acquire additional resources. An offender who is indigent as defined by RCW 10.101.010(3) (a) through (c) is presumed to lack the current ability to pay;

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Court shall inquire into and consider: (i) The offender’s income and assets; (ii) the offender’s basic living costs as defined by RCW 10.101.010 and other liabilities including child support and

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other legal financial obligations; and (iii) the offender’s bona fide efforts to acquire additional resources; indigent.

At enforcement of fine or fee Burden on government to show ability to pay Determined by judge without hearing No

Court may not sanction the offender for failure to pay legal financial obligations

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Washington Wash. Rev. Code Ann. § 10.01.180(3),(5) Fine or costs — Default in payment — Contempt of court — Enforcement, collection procedures

(3) (a) The court shall not sanction a defendant for contempt based on failure to pay fines, penalties, assessments, fees, or costs unless the court finds, after a hearing and on the

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record, that the failure to pay is willful. A failure to pay is willful if the defendant has the current ability to pay but refuses to do so. (b) In determining whether the defendant has the current ability to pay, the court shall inquire into and consider: (i) The defendant’s income and assets; (ii) the defendant’s basic living costs as defined by RCW 10.101.010 and other liabilities including child support and other legal financial obligations; and (iii) the defendant’s bona fide efforts to acquire additional resources. A defendant who is indigent as defined by RCW 10.101.010(3) (a) through (c) is presumed to lack the current ability to pay. (c) If the court determines that the defendant is homeless or a person who is mentally ill, as defined in RCW 71.24.025, failure to pay a legal financial obligation is not willful contempt and shall not subject the defendant to penalties.
(5) If it appears to the satisfaction of the court that the default in the payment of any fine, penalty, assessment, fee, or costs is not willful contempt, the court may, and if the defendant is indigent as defined in RCW 10.101.010(3) (a) through (c), the court shall enter an order: (a) Allowing the defendant additional time for payment; (b) reducing the amount thereof or of each installment; (c) revoking the fine, penalty, assessment, fee, or costs or the unpaid portion thereof in whole or in part; or (d) converting the unpaid fine, penalty, assessment, fee, or costs to community restitution hours, if the jurisdiction operates a community restitution program, at the rate of no less than the state minimum wage established in RCW 49.46.020 for each hour of community restitution. The crime victim penalty assessment under RCW 7.68.035 may not be reduced, revoked, or converted to community restitution hours.

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Court shall inquire into and consider: (i) The defendant’s income and assets; (ii) the defendant’s basic living costs as defined by RCW 10.101.010 and other liabilities including child support and other legal

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financial obligations; and (iii) the defendant’s bona fide efforts to acquire additional resources; indigent.

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

Court shall enter an order: (a) Allowing the defendant additional time for payment; (b) reducing the amount thereof or of each installment; (c) revoking the fine, penalty, assessment, fee, or

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costs or the unpaid portion thereof in whole or in part; or (d) converting the unpaid fine, penalty, assessment, fee, or costs to community restitution hours.

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Washington Wash. Rev. Code Ann. § 9.92.070 Payment of fine and costs in installments

Hereafter whenever any judge of any superior court or a district or municipal judge shall sentence any person to pay any fines, penalties, assessments, fees, and costs, the judge may,

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in the judge’s discretion, provide that such fines, penalties, assessments, fees, and costs may be paid in certain designated installments, or within certain designated period or periods. If the court finds that the defendant is indigent as defined in RCW 10.101.010(3) (a) through (c), the court shall allow for payment in certain designated installments or within certain designated periods. If such fines, penalties, assessments, fees, and costs shall be paid by the defendant in accordance with such order no commitment or imprisonment of the defendant shall be made for failure to pay such fine or costs. PROVIDED, that the provisions of this section shall not apply to any sentence given for the violation of any of the liquor laws of this state.

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Indigent

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

The court shall allow for payment in certain designated installments or within certain designated periods

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Washington Wash. Rev. Code Ann. § 3.62.085 Fee for conviction or plea of guilty

Upon conviction or a plea of guilty in any court organized under this title or Title 35 RCW, a defendant in a criminal case is liable for a fee of

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forty-three dollars, except this fee shall not be imposed on a defendant who is indigent as defined in RCW 10.101.010(3) (a) through (c). 

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Indigent

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

Fee waiver.

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Washington Wash. Rev. Code Ann. § 10.46.190 Liability of convicted person for costs--Jury fee

Every person convicted of a crime or held to bail to keep the peace may be liable to all the costs of the proceedings against him or her, including, when

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tried by a jury in the superior court or before a committing magistrate, a jury fee as provided for in civil actions for which judgment shall be rendered and collected. The court shall not order a defendant to pay costs, as described in RCW 10.01.160, if the court finds that the person at the time of sentencing is indigent as defined in RCW 10.101.010(3) (a) through (c). T

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Indigent

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

Court shall not order a defendant to pay costs

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Washington Wash. Rev. Code Ann. § 10.64.015 Judgment to include costs--Exception

When the defendant is found guilty, the court shall render judgment accordingly, and the defendant may be liable for all costs, unless the court or jury trying the cause expressly

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find otherwise. The court shall not order a defendant to pay costs, as described in RCW 10.01.160, if the court finds that the person at the time of sentencing is indigent as defined in RCW 10.101.010(3) (a) through (c).

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

Court shall not order a defendant to pay costs

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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,

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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.

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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

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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

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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

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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.

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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

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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.

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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

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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.

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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.