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	Delaware	10 Del. C. §8603(a)	Nonpayment of Costs	When a defendant who is required to pay the costs of defense defaults in the payment thereof or of any installment, the court on motion of the Attorney General or + See more upon its own motion may require the defendant to show cause why the default should not be treated as contempt of court, and may issue a rule or order to show cause why such default should not be treated as contempt of court, and may take such further actions as the court determines to produce the defendant before the court.	All	Not provided for	At enforcement of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Additional Time for Payment; Reducing Payment or Installment Amount; Revoking Payment in Whole or Unpaid Part.
Add to Dashboard + Create New	Delaware	10 Del. C. §8603(d)	Nonpayment of Costs	If it appears to the satisfaction of the court that the default in the payment of defense costs is not contempt, the court may enter an order allowing the defendant + See more additional time for payment, reducing the amount thereof or of each installment, or revoking such payment or the unpaid portion thereof in whole or in part.	All	Not provided for	At enforcement of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Additional Time for Payment; Reducing Payment or Installment Amount; Revoking Payment in Whole or Unpaid Part.
Add to Dashboard + Create New	Delaware	10 Del. C. §8601(d)	Recoupment of Costs	A defendant who has been required to pay the costs of defense and who is not in contumacious default in the payment thereof may at any time petition the court + See more for remission of the payment of such costs, or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or immediate family, the court may remit all or part of the amount due in costs, or modify the method of payment.	All	"Will impose manifest hardship on the defendant or immediate family."	At defendant's request at enforcement	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Remission of All or Part of Fee.
Add to Dashboard + Create New	Delaware	10 Del. C. § 8601(c)	Recoupment of Costs	The court shall not require a defendant to pay the costs of defense unless the defendant is, or will be, able to pay them. In determining the amount and method + See more of payment of such costs, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose.	All	"The court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose."	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Defendant Not Required to Pay.
Add to Dashboard + Create New	Mississippi	Miss. Code Ann. § 99-19-20 (2)	Fines; payment; indigent defendants; inability to work or unavailability of work	The defendant shall not be imprisoned if the defendant is financially unable to pay a fine and so states to the court in writing, under oath, after sentence is pronounced, + See more and the court so finds	All	Not provided for	At defendant's request at enforcement	Burden on defendant to show inability to pay	Other	Yes	work for the county
Add to Dashboard + Create New	Mississippi	Miss. Code Ann. § 99-5-38 (8)	community service	The court may allow a defendant to perform community service in lieu of paying the costs required by subsection (2)(b) or (c) if the court determines that the defendant is + See more indigent.	Felony	indigence	Not provided for	Not provided for	Not provided for	No	community service
Add to Dashboard + Create New	Mississippi	Miss. Code Ann. § 63-11-31 (7)(a)	Interlock Device Fund	The Department of Public Safety shall promulgate rules and regulations for the use of monies in the Interlock Device Fund to offset the cost of device installation and operation by + See more and court-ordered drug testing of indigent offenders.	Misdemeanor	inadequate resources to pay; participation in public assistance programs	Not provided for	Burden on government to show ability to pay	Administrative decision	Yes	Interlock Device Fund
Add to Dashboard + Create New	Mississippi	Miss. Code Ann. § 47-7-49 (1)	hardship waiver	A hardship waiver may be granted by the sentencing court or the Department of Corrections. A hardship waiver may not be granted for a period of time exceeding ninety (90) + See more days.	Misdemeanor	inability to pay	At defendant's request at enforcement	Not provided for	Not provided for	Yes	hardship waiver
Add to Dashboard + Create New	Mississippi	Miss. Code Ann. § 47-5-1007 (1)(a)	Waiver	The department may waive the monthly fee if the offender is a full-time student or is engaged in vocational training.	Misdemeanor	full-time student	Not provided for	Not provided for	Not provided for	Yes	waiver
Add to Dashboard + Create New	Mississippi	Miss. Code Ann. § 47-5-1007 (1)(b)	sliding scale	based on a sliding scale using the standard of need for each family that is used to calculate TANF benefits	Misdemeanor	TANF benefits recipient	Not provided for	Not provided for	Other	Yes	sliding scale for payment
Add to Dashboard + Create New	Mississippi	Miss. Code Ann. § 47-5-1013 (a)	waiver	The sentencing judge may charge a program fee of less than Eighty-eight Dollars ($ 88.00) per month in cases of extreme financial hardship, when such judge determines that the offender's + See more participation in the program would provide a benefit to his community.	Misdemeanor	extreme financial hardship	Not provided for	Not provided for	Not provided for	No	lower fee
Add to Dashboard + Create New	Mississippi	Miss. Code Ann. § 99-37-3(2)	Imposition and amount	In determining whether to order restitution which may be complete, partial or nominal, the court shall take into account:(a) The financial resources of the defendant and the burden that payment + See more of restitution will impose, with due regard to the other obligations of the defendant; (b) The ability of the defendant to pay restitution on an installment basis or on other conditions to be fixed by the court; and (c) The rehabilitative effect on the defendant of the payment of restitution and the method of payment.	All	ability of defendant to pay on installment basis, financial resources of the defendant, burden of payment	Before imposition of fine or fee	Not provided for	Not provided for	Yes	installment plan, reduction of amount, or waiver
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 557.011	Authorized dispositions	In the event a sentence of confinement is ordered executed, a court may order that an individual serve all or any portion of such sentence on electronic monitoring; except that + See more all costs associated with the electronic monitoring shall be charged to the person on house arrest. If the judge finds the person unable to afford the costs associated with electronic monitoring, the judge may order that the person be placed on house arrest with electronic monitoring if the county commission agrees to pay the costs of such monitoring. If the person on house arrest is unable to afford the costs associated with electronic monitoring and the county commission does not agree to pay from the general revenue of the county the costs of such electronic monitoring, the judge shall not order that the person be placed on house arrest with electronic monitoring.	All	Unable to afford costs	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Payment by county
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 559.021(6)	Conditions of probation--compensation of victims--free work, public or charitable--defendant not an employee for workers’ compensation purposes--payment to county restitution fund, when	A defendant who fails to make a payment to a county law enforcement restitution fund may not have his or her probation revoked solely for failing to make such payment + See more unless the judge, after evidentiary hearing, makes a finding supported by a preponderance of the evidence that the defendant either willfully refused to make the payment or that the defendant willfully, intentionally, and purposefully failed to make sufficient bona fide efforts to acquire the resources to pay.	All	Not provided for	At enforcement of fine or fee	Burden on government to show ability to pay	Determined by judge after hearing	Yes	Probation not revoked
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 479.260(1)	Court costs and fees, judicial education fund, purpose, administration	Municipalities by ordinance may provide for fees in an amount per case to be set pursuant to sections 488.010 to 488.020 for each municipal ordinance violation case filed before a municipal judge, and in + See more the event a defendant pleads guilty or is found guilty, the judge may assess costs against the defendant except in those cases where the defendant is found by the judge to be indigent and unable to pay the costs.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Fees not assessed.
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 600.090(1)	Determination of ability to pay all or part of representation costs--lien for reasonable value of services, procedure--deposit of funds collected	If a person is determined to be eligible for the services provided by the state public defender system and if, at the time such determination is made, he is able + See more to provide a limited cash contribution toward the cost of his representation without imposing a substantial hardship upon himself or his dependents, such contribution shall be required as a condition of his representation by the state public defender system.	All	Able to provide limited cash contribution without imposing substantial hardship upon himself or his dependents.	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Payment of total costs of representation
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 558.008	Revocation of a fine	A defendant who has been sentenced to pay a fine may at any time petition the sentencing court for a revocation of a fine or any unpaid portion thereof. If + See more it appears to the satisfaction of the court that the circumstances which warranted the imposition of the fine no longer exist or that it would otherwise be unjust to require payment of the fine, the court may revoke the fine or the unpaid portion in whole or in part or may modify the method of payment.	All	Unjust to require payment	At defendant's request at enforcement	Not provided for	Not provided for	No	Revocation of fine
Add to Dashboard + Create New	Missouri	Mo. Rev. Stat. § 479.260(2)	Court costs and fees, judicial education fund, purpose, administration	In municipal ordinance violation cases which are filed in the associate circuit division of the circuit court, fees shall be assessed in each case in an amount to be set + See more pursuant to sections 488.010 to 488.020. In the event a defendant pleads guilty or is found guilty, the judge shall assess costs against the defendant except in those cases where the defendant is found by the judge to be indigent and unable to pay the costs.	All	Indigent and unable to pay the costs	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Costs not assessed.
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 558.004(1)	Imposition of fines	In determining the amount and the method of payment of a fine, the court shall, insofar as practicable, proportion the fine to the burden that payment will impose in view + See more of the financial resources of an individual. The court shall not sentence an offender to pay a fine in any amount which will prevent him or her from making restitution or reparation to the victim of the offense.	All	Financial resources and burden caused by fine.	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Fine proportional to defendant's resources
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 600.086(3),(6)	Eligibility for representation, rules to establish--indigency, how determined, procedure, appeal--false statements, penalty--investigation authorized	3. The determination of indigency of any person seeking the services of the state public defender system shall be made by the defender or anyone serving under him at any + See more stage of the proceedings. Upon motion by either party, the court in which the case is pending shall have authority to determine whether the services of the public defender may be utilized by the defendant. Upon the courts finding that the defendant is not indigent, the public defender shall no longer represent the defendant. Any such person claiming indigency shall file with the court an affidavit which shall contain the factual information required by the commission under rules which may be established by the commission in determining indigency. 6. The burden shall lie on the accused or the defendant to convince the defender or the court of his eligibility to receive legal services, in any conference, hearing or question thereon.	All	Indigent	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Representation by public defender

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