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.

Every law can be saved to the Reform Builder  

See all ability to pay policy recommendations in CJPP’s Policy Guide

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.

48 Results

Export results to Excel

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
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
justice.
All Not provided for At enforcement of fine or fee Not provided for Not provided for No

Remission of fine

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Indiana Burns Ind. Code Ann. § 33-37-2-3 Indigency Hearing — Suspension of Costs — Default — Fees for Representation — Rights and Protections

(a) Except as provided in subsection (b), when the court imposes costs, it shall conduct a hearing to determine whether the convicted person is indigent. If the person is not

+ See more
indigent, the court shall order the person to pay:(1) the entire amount of the costs at the time sentence is pronounced; (2) the entire amount of the costs at some later date; or (3) specified parts of the costs at designated intervals.  (b) A court may impose costs and suspend payment of all or part of the costs until the convicted person has completed all or part of the sentence. If the court suspends payment of the costs, the court shall conduct a hearing at the time the costs are due to determine whether the convicted person is indigent. If the convicted person is not indigent, the court shall order the convicted person to pay the costs: (1) at the time the costs are due; or (2) in a manner set forth in subsection (a)(2) through (a)(3). ... (d) Upon any default in the payment of the costs: (1) an attorney representing the county may bring an action on a debt for the unpaid amount; (2) the court may direct that the person, if the person is not indigent, be committed to the county jail and credited toward payment at the rate of twenty dollars ($20) for each twenty-four (24) hour period the person is confined, until the amount paid plus the amount credited equals the entire amount due; or (3) the court may institute contempt proceedings to enforce the court's order for payment of the costs. (e) If, after a hearing under subsection (a) or (b), the court determines that a convicted person is able to pay part of the costs of representation, the court shall order the person to pay an amount of not more than the cost of the defense services rendered on behalf of the person. The clerk shall deposit the amount paid by a convicted person under this subsection in the county’s supplemental public defender services fund established under IC 33-40-3-1.

All

Indigency.

Before imposition of fine or fee Not provided for Determined by judge after hearing Yes

The court may suspend the costs.