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	Nevada	Nev. Rev. Stat. Ann. § 176.085	Reduction of excessive fine or administrative assessment; payment in installments.	Whenever, after a fine and administrative assessment have been imposed but before they have been discharged by payment or confinement, it is made to appear to the judge or justice + See more imposing the fine or administrative assessment or his or her successor: 1. That the fine or administrative assessment is excessive in relation to the financial resources of the defendant, the judge or justice or his or her successor may reduce the fine accordingly. 2. That the discharge of the fine or administrative assessment is not within the defendant’s present financial ability to pay, the judge or justice or his or her successor may direct that the fine be paid in installments.	All	excessive in relation to the financial resources of the defendant; not withiin the defendant's present financial ability to pay	At enforcement of fine or fee	Not provided for	Not provided for	No	Installment plan
Add to Dashboard + Create New	Nevada	Nev. Rev. Stat. Ann. § 484C.515 (2)	Fee for specialty court programs	If the fee pursuant to subsection 1: (a) Is not within the defendant’s present ability to pay, the justice or judge may include in the sentence, + See more in addition to any other penalty or administrative assessment provided by law, community service for a reasonable number of hours, the value of which would be commensurate with the fee. (b) Is not entirely within the defendant’s present ability to pay, the justice or judge may include in the sentence, in addition to any other penalty or administrative assessment provided by law, a reduced fee and community service for a reasonable number of hours, the value of which would be commensurate with the amount of the reduction of the fee.	Misdemeanor	not within the defendant’s present ability to pay; not entirely within the defendant's present ability to pay	Not provided for	Not provided for	Not provided for	No	community service; reduced fee
Add to Dashboard + Create New	Nevada	Nev. Rev. Stat. Ann. § 209.4295 (2)-(3)	Payment of cost of supervision and treatment; performance of community service as contribution toward cost; issuance of judgment for unpaid costs	2. A court shall not refuse to place a probation violator in the diversion program if the probation violator does not have the financial resources to pay any or all of + See more the related costs. 3. The court may order a probation violator who is placed in the diversion program to perform a specified amount of community service upon release from the program to contribute toward the cost of his or her treatment and supervision. Any such community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents.	All	violator does not have the financial resources to pay any or all of the related costs	Not provided for	Not provided for	Not provided for	Yes	community service
Add to Dashboard + Create New	Nevada	Nev. Rev. Stat. Ann. § 211A.130 (3)	Fees for cost of supervision: Imposition; waiver or reduction	3. If the chief determines that payment of the fee would result in economic hardship to a probationer or a supervised releasee, the chief may waive the imposition of, or reduce + See more the amount of, the fee. If the chief waives the imposition of the fee, payment of the fee by the probationer or the supervised releasee does not constitute a condition of his or her suspended sentence, residential confinement or pretrial or presentence release.	All	economic hardship	Not provided for	Not provided for	Not provided for	No	reduction or waiver of fee
Add to Dashboard + Create New	Nevada	Nev. Rev. Stat. Ann. § 213.1076 (2)	Fee to defray costs of supervision; regulations; waiver	2. The Chief may waive the fee to defray the cost of supervision, in whole or in part, if the Chief determines that payment of the fee would create an economic + See more hardship on the parolee, probationer or person supervised by the Division through residential confinement.	All	economic hardship	Not provided for	Not provided for	Not provided for	No	reduction or waiver of fee
Add to Dashboard + Create New	Nevada	Nev. Rev. Stat. Ann. § 209.4886 (4)	Participation in judicial program: Referral of offender to reentry court; powers and duties of Director; regulations; reimbursement of costs; effect of violation of terms and conditions; status of offender	The Director shall adopt regulations requiring offenders who are assigned to the custody of the Division pursuant to this section to reimburse the reentry court, the Division and the Department + See more for the cost of their participation in a judicial program, to the extent of their ability to pay.	All	Not provided for	Not provided for	Not provided for	Not provided for	Yes	Not provided for
Add to Dashboard + Create New	Nevada	Nev. Rev. Stat. Ann. § 176.139 (7)	Presentence investigation and report: Psychosexual evaluation of certain sex offenders required; standards and methods for conducting evaluation; access to records; rights of confidentiality and privileges deemed waived; costs	If a psychosexual evaluation is conducted pursuant to this section, the court shall: (a) Order the defendant, to the extent of the defendant’s financial ability, to + See more pay for the cost of the psychosexual evaluation; or (b) If the defendant was less than 18 years of age when the sexual offense was committed and the defendant was certified and convicted as an adult, order the parents or guardians of the defendant, to the extent of their financial ability, to pay for the cost of the psychosexual evaluation. For the purposes of this paragraph, the court has jurisdiction over the parents or guardians of the defendant to the extent that is necessary to carry out the provisions of this paragraph.	All	Not provided for	Not provided for	Not provided for	Not provided for	Yes	Not provided for
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. § 651-B:11(II)	Registration Fee	An offender who cannot afford to pay the fee shall, within 10 days of registration, request a waiver of the fee and a hearing on the matter before the commissioner. + See more In order to be considered for a waiver, the offender shall submit a financial affidavit on a form provided by the department. The division may at its discretion request such a waiver on behalf of an offender. If such a request is made, the commissioner shall promptly schedule and conduct a hearing pursuant to rules adopted under RSA 541-A, unless the commissioner or commissioner's designee determines a hearing is not necessary and waives the fee based on the offender's financial affidavit, or at the written request of the division. At the hearing, the burden shall be on the offender to prove that he or she is indigent. The offender may appeal the commissioner's decision to the superior court. Under no circumstances shall the offender's request for a hearing or indigence relieve the offender of the obligation to register as required pursuant to this chapter.	All	Indigent	At defendant's request at enforcement	Burden on defendant to show inability to pay	Administrative decision	Yes	Fee waiver
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 623-B:2(I),(IV)	Civil Actions by Inmates; Filing Fees and Court Costs.	I. An inmate who commences any civil action or proceeding is responsible for all court fees and costs. IV. Nothing in this section shall prohibit an inmate from filing a civil action + See more or proceeding if the inmate is indigent.	All	Indigent	Not provided for	Not provided for	Not provided for	Yes	N/A
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 604-A:9(I)	Repayment	I. Any adult defendant who has had counsel or a public defender assigned to the defendant at the expense of the state shall be ordered by the court under paragraph I-b + See more to repay the state through the unit of cost containment, the fees and expenses paid by the state on the defendant's behalf according to a schedule established by the administrator of the cost containment unit with the approval of the administrative justices of the courts on such terms as the court may order consistent with the defendant's present or future ability to pay, such ability to be determined by the unit of cost containment . . . At no time shall the defendant be required to repay, for legal services, an amount greater than the state's flat rate for a contract attorney as established contractually pursuant to RSA 604-B. If the defendant is placed on probation or sentenced to a period of conditional discharge, the defendant shall repay the state, through the department of corrections, all fees and expenses paid on his behalf on such terms as the court may order consistent with the defendant's present or future ability to pay.	All	Present or future ability to pay, as determined by the unit of cost containment.	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Payment plan and reduced costs
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 651:63	Restitution Authorized	Restitution may be ordered regardless of the offender's ability to pay and regardless of the availability of other compensation; however, restitution is not intended to compensate the victim more than + See more once for the same injury.	All	Not provided for	Not provided for	Not provided for	Not provided for	Yes	N/A
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 516:16-a	Defaults; Witness Fees for Law Enforcement Officers	Any person who defaults on a scheduled court appearance on a motor vehicle offense shall be responsible for paying the current witness fee for any law enforcement officer required to + See more attend such appearance, unless the court determines that such person is indigent.	Traffic	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Not specified
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 631:2-b(V)	Domestic Violence	In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction under this section. The court shall not reduce or suspend + See more any sentence or the payment of any fine imposed under this section. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Deferred payment; payment plan.
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 651-D:2(V)	Post-Conviction DNA Testing of Biological Material	The cost of DNA testing ordered under this section shall be paid by the petitioner, or by the state, if the petitioner is indigent as determined by the court. The + See more court may appoint counsel for an indigent petitioner under this section.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Payment by the state
Add to Dashboard + Create New	New Hampshire	N.H. R. Crim. P. 29(e)(1)	Sentencing Procedures	(1) Fines, restitution or penalty assessments (hereinafter collectively referred to as "assessments") imposed by the court shall be due and payable on the date the sentence is imposed. Where a defendant + See more indicates an inability to pay forthwith, the defendant shall complete an affidavit of resources, under oath, prior to leaving the courthouse. The court will then determine whether the defendant has the financial ability to pay the assessment. (2) The determination of a defendant's financial ability to pay the assessment shall be made by comparing the defendant's assets and income with the amount of the assessment. The defendant's assets shall include all real and personal property owned in any manner by the defendant, unless exempt from execution, levy, attachment, garnishment, or other legal process under any state or federal law. The defendant's income shall include all income, whether earned or not, from any source, unless exempt from execution, levy, attachment, garnishment, or other legal process under any state or federal law, and shall be reduced only by the amount of expenses which are reasonably necessary for the maintenance of the defendant and his dependents and by the amount of defendant's anticipated or current obligation to repay the Office of Cost Containment for the cost of appointed counsel. As a court may do when considering an obligor's ability to pay child support, alimony, or other indebtedness, the court also may consider: (1) spousal, partner and family income or assets to the extent they are available to the defendant; (2) the defendant's ability to access credit; and (3) the diligence exercised by the defendant in pursuing employment or other means of satisfying his financial obligations. (3) In any case where the court finds that the defendant is unable to pay the assessment either on the date the sentence is imposed or later, the court may, if otherwise permitted by law: (i) defer or suspend payment of all or part of the assessment or order periodic payment; or (ii) allow the defendant to perform community service, pursuant to a plan submitted to and approved by the court. In any such deferral or order of periodic payment, the court shall, pursuant to RSA 490:26-a, II-a, include a $25.00 fee to be added to the assessment. Every hour of verified community service shall be applied against a fine at the rate of $15.00 an hour. A community service plan approved under this paragraph shall take into account the defendant's circumstances including but not limited to age, disability, health, employment, and access to child-care and transportation.	All	Comparison of the defendant's assets and income with the amount of the assessment.	At defendant's request before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	No	Defer or suspend payment of all or part of the assessment or order periodic payment; or allow the defendant to perform community service.
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. § 604-A:2-c	Determination of Financial Ability	The determination of a defendant's financial ability to obtain counsel shall be made by comparing the defendant's assets and incomes with the minimum cost of obtaining qualified private counsel. The + See more defendant's assets shall include all real and personal property owned in any manner by the defendant, excluding only those assets which are exempt from attachment and execution under RSA 511:2. The defendant's income shall include all income, whether earned or not, from any source, unless exempt from attachment under any state or federal law, and shall be reduced only by the amount of expenses which are reasonably necessary for the maintenance of the defendant and his dependents. In determining a defendant's financial ability to obtain counsel, the rules adopted by the commissioner under RSA 604-A:10, IV, shall contain a method for considering the defendant's ability to borrow some or all of the necessary funds. The rules shall also consider the possibility of the defendant paying his counsel fees in periodic installments.	All	Comparison of the defendant's assets and incomes with the minimum cost of obtaining qualified private counsel.	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Installment plan

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