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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 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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