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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.
2 Results
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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Massachusetts | Mass. Gen. Laws ch. 90, § 24D | Drivers Convicted of Operating Motor Vehicle Under the Influence of Intoxicating Liquors or Controlled Substances. |
Each person placed in a program of driver alcohol or controlled substance abuse education and, if deemed necessary by the court, a program of alcohol or controlled substance abuse treatment, rehabilitation, or alcohol or controlled substance abuse treatment and rehabilitation pursuant to this section shall pay directly to such program a fee in an amount to be determined by the department of public health . . . No person may be excluded from said program for inability to pay the stated fee, provided that such person files an affidavit of indigency or inability to pay with the court within ten days of the date of disposition, that investigation by the probation officer confirms such indigency or establishes that the payment of such fee would cause a grave and serious hardship to such individual or to the family of such individual, and that the court enters a written finding thereof. In lieu of waiver of the entire amount of said fee, the court may direct such individual to make partial or installment payments of such fee when appropriate. Subject to appropriation, the department of public health shall reimburse each program for the costs of services provided to persons for whom payment of a fee has been waived on the grounds of indigency.
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Traffic |
Indigency; payment of such fee would cause a grave and serious hardship to such individual or to the family of such individual. |
At defendant's request before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge without hearing | Yes |
Waiver, partial or installment payments of fee. |
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Massachusetts | Mass. Gen. Laws ch. 90B, § 8(3)(B) | Operation of Vessel Under Influence of Liquor or Drugs; Water Skiing; Reckless Operation |
The defendant shall pay for the cost of the services provided by the boating safety education course, the alcohol education or rehabilitation program, and the residential alcohol treatment program; however, no person shall be excluded from said programs for inability to pay, provided that such person files an affidavit of indigency or inability to pay with the court, that investigation by the probation officer confirms such indigency or establishes that the payment of such fee would cause a grave and serious hardship to such individual or to the family of such individual, and that the court enters a written finding thereof. In lieu of waiver of the entire amount of said fee, the court may direct such individual to make partial or installment payments of the cost of said program.
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Traffic |
Cause a grave and serious hardship to such individual or to the family |
At defendant's request before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge without hearing | Yes |
Waiver, partial or installment payments of fee. |
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