Data Explorer: Ability to pay | 50 State Criminal Justice Debt Tool

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
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 persons 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
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
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
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
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
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
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
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
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
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 persons 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
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 offenders 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 offenders 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 offenders 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
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
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-9-102	Order to pay upon conviction	In addition to any other punishment prescribed by law the court shall, upon conviction for any misdemeanor or felony, order a defendant to pay restitution to each victim as determined + See more under W.S. 7 9 103 and 7 9 114 unless the court specifically finds that the defendant has no ability to pay and that no reasonable probability exists that the defendant will have an ability to pay.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Restituion not ordered
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-6-106	Determination of need; reimbursement for services	(a) The determination of whether a person covered by W.S. 7 6 104 is a needy person shall be deferred until his first appearance in court or in a suit + See more for payment or reimbursement under W.S. 7 6 108, whichever occurs earlier. Thereafter, the court shall determine, with respect to each proceeding, whether he is a needy person. For purposes of this section, an appeal, probation revocation or proceeding to correct or modify a sentence is a separate proceeding. The determination of need shall be based on a separate application submitted at the time of each proceeding. (b) In determining whether a person is a needy person and in determining the extent of his inability to pay, and, in the case of an unemancipated minor, the inability to pay of his custodial parent or another person who has a legal obligation of support, the court shall consider the standards set forth in Rule 44(d), Wyoming Rules of Criminal Procedure. Release on bail does not necessarily prevent a person from being determined to be needy. In each case the person, subject to the penalties for perjury, shall certify in writing, or by other record, the material factors relating to his ability to pay as the court prescribes. (c) In every case in which a person has received services under W.S. 7 6 104, the presiding judge shall determine whether the person or, in the case of an unemancipated minor, his custodial parent or any other person who has a legal obligation of support, is able to provide any funds towards payment of part or all of the cost associated with such services. If the person or, in the case of an unemancipated minor, his custodial parent or any other person who has a legal obligation of support, is not able to provide any funds towards payment of costs, the court shall enter a specific finding on the record. If the court determines the person or, in the case of an unemancipated minor, his custodial parent or any other person who has a legal obligation of support, is able to provide any amount as reimbursement, the court shall order the person or, in the case of an unemancipated minor, his custodial parent or any other person who has a legal obligation of support, to reimburse the state for all or part of the costs of the services provided or shall state on the record the reasons why an order for reimbursement was not entered. Where a person is initially provided with counsel pursuant to W.S. 7 6 105(a), but subsequently retains private counsel, the court may order the person to reimburse the state for the services already provided. All reimbursements under this act shall be made through the clerk of court. (d) The state public defender shall report in the agency's annual report concerning: (i) The number of cases by court in which an attorney was appointed to represent a person at public expense under this act during the preceding calendar quarter; (ii) For each case in which an attorney was appointed, whether the court ordered reimbursement under this section or, if reimbursement was not ordered, whether the court complied with subsection (c) of this section; (iii) For the guardian ad litem program, the number of cases, the amount of monies expended and the amounts of reimbursements from participating counties. (e) If the court orders release on bail pending trial or appeal, probation before sentence, suspended sentence or probation, the court shall order the needy person as a condition of bail, sentence or probation to repay the state for expenses and services provided by appointed attorneys pursuant to the state public defender's standard fee schedule if the court determines the defendant has an ability to pay or that a reasonable probability exists that the defendant will have an ability to pay.	All	Wyo. R. Crim. P. 44(d): In making a determination of eligibility, the judicial officer shall consider: (1) The probable cost of representation given the number and severity of the offenses + See more charged and the factual and legal complexity of the case. (2) The defendant's income from all sources and the defendant's capacity to earn income. (3) The expenses of the defendant's household and whether a spouse or roommate contributes or ought to contribute to those expenses. (4) The defendant's responsibility for the support of others. (5) The defendant's assets whether held individually or with others. (6) The defendant's debts and the periodic payments due on the debts. (7) The defendant's capacity to borrow money. Uncertainty as to a defendant's eligibility for appointed counsel should be resolved in the defendant's favor. An erroneous determination of eligibility may be corrected at any time.	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	N/A
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-9-103(c)	Determination of amount owed; execution	The court shall order the defendant to pay all or part of the restitution claimed or shall state on the record specific reasons why an order for restitution was not + See more entered. If the court determines that the defendant has no ability to pay and that no reasonable probability exists that the defendant will have an ability to pay in the future, the court shall enter specific findings in the record supporting its determination.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Not provided for
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-11-505	Payment of costs of prosecution	Payment of the costs of prosecution may be added to and made a part of the sentence in any felony or misdemeanor case if the court determines that the defendant + See more has an ability to pay or that a reasonable probability exists that the defendant will have an ability to pay.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Payment of the costs of prosecution not added to and made a part of the sentence in any felony or misdemeanor case
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-13-109(a)	Payment of jail costs by inmate	(a) In addition to any other punishment prescribed by law, the sentencing court may require a person sentenced to confinement in county jail, for any offense, to pay the jail + See more facility the costs of room and board for each day of incarceration, both before and after conviction. The costs for room and board for each day of incarceration shall be an amount equal to the actual cost of the services as determined by the county sheriff. The cost of the services shall be paid to all jail facilities where the inmate may have been held before and after conviction. The costs shall not be assessed if: (i) The court finds that the defendant has no ability to pay and that no reasonable probability exists that the defendant will have an ability to pay; or (ii) In the judgment of the court, the costs would impose a manifest hardship on the inmate, or the property of the inmate is needed for the maintenance and support of the inmate's family.	All	Costs would impose a manifest hardship on the inmate, or the property of the inmate is needed for the maintenance and support of the inmate's family	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Costs for room and board for each day of incarceration not imposed.
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 1-40-119(c)	Surcharge to be assessed in certain criminal cases; paid to account	Under no circumstances shall a court fail to impose the surcharge required by subsections (a) and (b) of this section if the court determines the defendant has an ability to + See more pay or that a reasonable probability exists that the defendant will have an ability to pay.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Surcharge not imposed
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-13-1616	Surcharge to be assessed in certain criminal cases; paid to account Currentness	(c) The court may waive the surcharge if the person is unable to pay the surcharge or for any other good cause shown. The court shall consider all other financial + See more obligations imposed on the defendant and set the surcharge so as not to create an undue financial burden on the defendant.	All	Undue financial burden on the defendant	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Surcharge waiver, modification of surcharge.

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