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
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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

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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.

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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

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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.

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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

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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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"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

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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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"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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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

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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.

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Unable to afford costs

Before imposition of fine or fee Not provided for Determined by judge without hearing No

Payment by county

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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

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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.

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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

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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

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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. 

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Indigent

Before imposition of fine or fee Not provided for Determined by judge without hearing Yes

Fees not assessed.

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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

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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.

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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

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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

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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.

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Unjust to require payment

At defendant's request at enforcement Not provided for Not provided for No

Revocation of fine

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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

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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.

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Indigent and unable to pay the costs

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

Costs not assessed.

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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

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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

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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

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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.

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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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Missouri Mo. Ann. Stat. § 488.020 Collection of court costs, when, how

Upon notification to the party from whom the fee is due, a failure to pay the fee after such notice, and a showing of the party's ability to pay the

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fee, the court may hold the party in contempt.

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Not provided for

At enforcement of fine or fee Not provided for Not provided for No

N/A

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Missouri Mo. Ann. Stat. § 488.65 Expungement cases under section 610.140, surcharge, amount, waiver

There shall be assessed as costs a surcharge in the amount of two hundred fifty dollars on all petitions for expungement filed under the provisions of section 610.140. The judge

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may waive the surcharge if the petitioner is found by the judge to be indigent and unable to pay the costs. 

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Indigent

Before imposition of fine or fee Not provided for Determined by judge without hearing No

Surcharge waiver

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Missouri Mo. Ann. Stat. § 549.525(1)-(2)(1),(6) Probation services for ordinance violators, certain cities--collection of fee for supervision and rehabilitation services provided--exemption

1. Any city with a population of more than three hundred fifty thousand inhabitants which is located in more than one county which provides probation services for persons convicted of

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its ordinance violations may collect from the person placed on probation a fee of ten dollars per month for providing supervision and rehabilitation services.

2. The court may exempt a person from all or part of the contribution required in subsection 1 of this section if it finds any of the following factors exist: (1) The offender has diligently attempted, but has been unable, to obtain employment which provides him sufficient income to make such payments; . . . (6) There are other extenuating circumstances as determined by the court to exempt or partially reduce such payments; 

All Not provided for Before imposition of fine or fee Not provided for Determined by judge without hearing No

Exempt or partially reduce such payments.

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Missouri Mo. Ann. Stat. § 546.54 Confinement of insane persons, costs paid, how

The sheriff or other officer having the custody of persons committed to the director of the department of mental health as provided in section 552.040 shall, if he deems it necessary to

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their safe custody, confine them to the county jail until they shall be removed to a state hospital. If all things needful be not otherwise supplied, he shall furnish them, and, in such cases, the supplies for the indigent shall be paid for by the proper county commissions out of the county treasuries; and supplies for others than the indigent shall be repaid out of their estates, and may be recovered by suit in the name of such officer.

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Indigent

Not provided for Not provided for Not provided for No

Supplies paid for by the proper county commissions.

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Missouri Mo. Ann. Stat. § 550.03 County to pay costs, when

When the defendant is sentenced to imprisonment in the county jail, or to pay a fine, or both, and is unable to pay the costs, the county in which the

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indictment was found or information filed shall pay the costs, except such as were incurred on the part of the defendant.

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Not provided for

Not provided for Not provided for Not provided for No

County in which the indictment was found or information filed shall pay the costs

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Missouri Mo. Ann. Stat. § 550.02(1) State to pay certain costs

cIn all capital cases in which the defendant shall be convicted, and in all cases in which the defendant shall be sentenced to imprisonment in the penitentiary, and in cases

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where such person is convicted of an offense punishable solely by imprisonment in the penitentiary and is sentenced to imprisonment in the county jail, workhouse or reform school because such person is under the age of eighteen years, the state shall pay the costs, if the defendant shall be unable to pay them, except costs incurred on behalf of defendant.

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Not provided for

Not provided for Not provided for Not provided for No

State shall pay the costs

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Missouri Mo. Ann. Stat. § 559.604 Cost of misdemeanor probation to be paid by offenders, exceptions

Neither the state of Missouri nor any county of the state shall be required to pay any part of the cost of probation and rehabilitation services provided to misdemeanor offenders

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under sections 559.600 to 559.615. The person placed on probation shall contribute not less than thirty dollars or more than fifty dollars per month to the private entity providing him or her with supervision and rehabilitation services. The amount of the contribution shall be determined by the sentencing court. The court may exempt a person from all or part of the foregoing contribution if it finds any of the following factors to exist: (1) The offender has diligently attempted, but has been unable, to obtain employment which provides him or her sufficient income to make such payments; . . .  (6) There are other extenuating circumstances as determined by the court to exempt or partially reduce such payments; 

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Unable to obtain employment which provides him or her sufficient income to make such payments; other extenuating circumstances.

Before imposition of fine or fee Not provided for Determined by judge without hearing No

Exempt a person from all or part of payment.

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New Mexico N.M. Stat. Ann. § 31-20-6 Conditions of order deferring or suspending sentence

The defendant upon conviction shall be required to pay the actual costs of the defendant’s supervised probation service to the adult probation and parole division of the corrections department or

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appropriate responsible agency for deposit to the corrections department intensive supervision fund not exceeding one thousand eight hundred dollars ($1,800) annually to be paid in monthly installments of not less than twenty-five dollars ($25.00) and not more than one hundred fifty dollars ($150), as set by the appropriate district supervisor of the adult probation and parole division, based upon the financial circumstances of the defendant. The defendant’s payment of the supervised probation costs shall not be waived unless the court holds an evidentiary hearing and finds that the defendant is unable to pay the costs. If the court waives the defendant’s payment of the supervised probation costs and the defendant’s financial circumstances subsequently change so that the defendant is able to pay the costs, the appropriate district supervisor of the adult probation and parole division shall advise the court and the court shall hold an evidentiary hearing to determine whether the waiver should be rescinded.

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Not provided for

Before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing No

Fee waiver