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.

15 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. § 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. § 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. § 54-56e(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(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

Vermont Vt. Stat. Ann. tit. 13 § 2022 Bad checks

A person who issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee, shall be imprisoned

+ See more
for not more than one year or fined not more than $ 1,000.00, or both. The court shall order restitution in the amount of the check or order, together with a service charge not to exceed $ 5.00, if it is established that the defendant has the ability to pay.

Misdemeanor

Not provided for

Before imposition of fine or fee Not provided for Not provided for Yes

No restitution or service charge ordered

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

+ Create New

Vermont Vt. Stat. Ann. tit. 13 § 7043(d)(2),(e)(1) Restitution

(d) In awarding restitution, the Court shall make findings with respect to: . . . (2) The offender's current ability to pay restitution, based on all financial information available to

+ See more
the Court, including information provided by the offender.

(e)(1) An order of restitution shall establish the amount of the material loss incurred by the victim, which shall be the restitution judgment order. In the event the offender is unable to pay the restitution judgment order at the time of sentencing, the court shall establish a restitution payment schedule for the offender based upon the offender's current and reasonably foreseeable ability to pay, subject to modification under subsection (l) of this section. 

All

Not provided for

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

Payment plan

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

+ Create New

Vermont Vt. Stat. Ann. tit. 13 § 5238(b) Co-payment and reimbursement orders

(b)  The court shall require any person assigned counsel pursuant to section 5236 of this title to pay for all or part of the cost of representation based upon his or

+ See more
her ability to pay. Unless the person and cohabiting family members are found to be financially unable to pay, in all cases the court shall order a minimum payment of $ 50.00.

(f)  A person who may be or has been ordered to pay all or part of the cost of representation by co-payment or reimbursement order may at any time petition the court making the order for remission of all of the amount or any part thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardships on the defendant or the defendant's immediate family or that the circumstances of case disposition and the interests of justice so require, the court may remit all or part of the amount due or modify the method of payment.

All

Manifest hardships on the defendant or the defendant's immediate family or that the circumstances of case disposition and the interests of justice so require

Before imposition of fine or fee Not provided for Not provided for Yes

Not having to pay the cost or minimum fee for representation; court may remit all or part of the amount due or modify the method of payment.