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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.
18 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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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 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.
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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. |
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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 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.
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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. |
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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 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.
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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. |
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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 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.
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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. |
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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 moreand the court so finds
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All | Not provided for | At defendant's request at enforcement | Burden on defendant to show inability to pay | Other | Yes |
work for the county |
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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 moreindigent.
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Felony |
indigence |
Not provided for | Not provided for | Not provided for | No |
community service |
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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 moreand court-ordered drug testing of indigent offenders.
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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 |
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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 moredays.
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Misdemeanor |
inability to pay |
At defendant's request at enforcement | Not provided for | Not provided for | Yes |
hardship waiver |
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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 |
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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 |
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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 moreparticipation in the program would provide a benefit to his community.
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Misdemeanor |
extreme financial hardship |
Not provided for | Not provided for | Not provided for | No |
lower fee |
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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 moreof 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.
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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 |
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Pennsylvania | Pa. R. Crim. P. 706 | Fines or Costs |
(A) A court shall not commit the defendant to prison for failure to pay a fine or costs unless it appears after hearing that the defendant is financially able + See moreto pay the fine or costs.
(B) When the court determines, after hearing, that the defendant is without the financial means to pay the fine or costs immediately or in a single remittance, the court may provide for payment of the fines or costs in such installments and over such period of time as it deems to be just and practicable, taking into account the financial resources of the defendant and the nature of the burden its payments will impose, as set forth in paragraph (D) below.
(C) The court, in determining the amount and method of payment of a fine or costs shall, insofar as is just and practicable, consider the burden upon the defendant by reason of the defendant’s financial means, including the defendant’s ability to make restitution or reparations.
(D) In cases in which the court has ordered payment of a fine or costs in installments, the defendant may request a rehearing on the payment schedule when the defendant is in default of a payment or when the defendant advises the court that such default is imminent. At such hearing, the burden shall be on the defendant to prove that his or her financial condition has deteriorated to the extent that the defendant is without the means to meet the payment schedule. Thereupon the court may extend or accelerate the payment schedule or leave it unaltered, as the court finds to be just and practicable under the circumstances of record. When there has been default and the court finds the defendant is not indigent, the court may impose imprisonment as provided by law for nonpayment.
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All |
financial means to pay, taking account of financial resources and nature of burden |
Not provided for | Burden on defendant to show inability to pay | Not provided for | Yes |
Installment Plans |
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Pennsylvania | 42 Pa. Stat. Ann. § 9726 | Fine |
The court shall not sentence a defendant to pay a fine unless it appears of record that:(1) the defendant is or will be able to pay the fine; and(2) the + See morefine will not prevent the defendant from making restitution or reparation to the victim of the crime.(d) Financial resources.--In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose.
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All |
financial means to pay, taking account of financial resources and nature of burden |
Not provided for | Not provided for | Not provided for | Yes |
waiver of fine |
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Pennsylvania | 42 Pa. Stat. Ann. § 9730 | Payment of Court Costs, Restitution, and Fines |
If a defendant defaults in the payment of a fine, court costs or restitution after imposition of sentence, the issuing authority or a senior judge or senior magisterial district judge + See moreappointed by the president judge for the purposes of this section may conduct a hearing to determine whether the defendant is financially able to pay. . . If the issuing authority, senior judge or senior magisterial district judge determines that the defendant is without the financial means to pay the fine or costs immediately or in a single remittance, the issuing authority, senior judge or senior magisterial district judge may provide for payment in installments. In determining the appropriate installments, the issuing authority, senior judge or senior magisterial district judge shall consider the defendant's financial resources, the defendant's ability to make restitution and reparations and the nature of the burden the payment will impose on the defendant. If the defendant is in default of a payment or advises the issuing authority, senior judge or senior magisterial district judge that default is imminent, the issuing authority, senior judge or senior magisterial district judge may schedule a rehearing on the payment schedule. At the rehearing the defendant has the burden of proving changes of financial condition such that the defendant is without the means to meet the payment schedule. The issuing authority, senior judge or senior magisterial district judge may extend or accelerate the schedule, leave it unaltered or sentence the defendant to a period of community service as the issuing authority, senior judge or senior magisterial district judge finds to be just and practicable under the circumstances.
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All |
financial means to pay, taking account of financial resources and nature of burden |
At enforcement of fine or fee | Burden on defendant to show inability to pay | Not provided for | No |
extension or acceleration of payment schedule; community service |
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Pennsylvania | 18 Pa. Stat. Ann. § 7508.1(b) | Substance Abuse Education and Demand Reduction Fund. |
Unless the court finds that undue hardship would result, a mandatory cost of $100, which shall be in addition to any other costs imposed pursuant to statutory authority, shall automatically + See morebe assessed on any individual convicted, adjudicated delinquent or granted Accelerated Rehabilitative Disposition or any individual who pleads guilty or nolo contendere for a violation of the act of April 14, 1972 (P.L. 233, No. 64)1, known as The Controlled Substance, Drug, Device and Cosmetic Act, or a violation of 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance).
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All | Not provided for | Not provided for | Not provided for | Not provided for | Yes |
not specified |
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Pennsylvania | 18 Pa. Stat. Ann. § 1106 | Restitution for injuries to person or property |
At the time of sentencing the court shall specify the amount and method of restitution. In determining the amount and method of restitution, the court: (i) Shall consider the extent + See moreof injury suffered by the victim, the victim's request for restitution as presented to the district attorney in accordance with paragraph (4) and such other matters as it deems appropriate. (ii) May order restitution in a lump sum, by monthly installments or according to such other schedule as it deems just. (iii) Shall not order incarceration of a defendant for failure to pay restitution if the failure results from the offender's inability to pay.
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All | Not provided for | Not provided for | Not provided for | Not provided for | Yes |
payment plan |
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Pennsylvania | 18 Pa. Stat. Ann. § 11.1102 | Costs for offender supervision programs |
1) For offenders under supervision of a county probation department or the board as of August 14, 1991, the fee shall automatically become a part of the supervision conditions as + See moreif the court or board had imposed it unless the court or board makes a finding that the offender is presently unable to pay.(2) The court or board may make a finding that the offender is unable to pay based on any of the following factors: (i) The offender has diligently attempted but has been unable to obtain employment that provides the offender sufficient income to make such payments. (ii) The offender is a student in a school, a college, a university or a course of vocational or technical training designed to fit the student for gainful employment. (iii) The offender has an employment handicap as determined by an examination acceptable to or ordered by the court or board. (iv) The offender's age prevents employment. (v) The offender is responsible for the support of dependents, and the payment of the assessment constitutes an undue hardship on the offender.(vi) Other extenuating circumstances as determined by the court or board.
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All |
1) For offenders under supervision of a county probation department or the board as of August 14, 1991, the fee shall automatically become a part of the supervision conditions as if the court or board had imposed it unless the court or board makes a finding that the offender is presently unable to pay.(2) The court or board may make a finding that the offender is unable to pay based on any of the following factors: (i) The offender has diligently attempted but has been unable to obtain employment that provides the offender sufficient income to make such payments. (ii) The offender is a student in a school, a college, a university or a course of vocational or technical training designed to fit the student for gainful employment. (iii) The offender has an employment handicap as determined by an examination acceptable to or ordered by the court or board. (iv) The offender's age prevents employment. (v) The offender is responsible for the support of dependents, and the payment of the assessment constitutes an undue hardship on the offender.(vi) Other extenuating circumstances as determined by the court or board.
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Not provided for | Burden on defendant to show inability to pay | Not provided for | Yes | Not provided for |
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