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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South Carolina S.C. Code Ann. § 17-27-60 Court costs and expenses for indigents
If the applicant is unable to pay court costs and expenses of representation, including stenographic, printing and legal services, these costs and expenses shall be made available to the applicant
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in the trial court, and on review, in amounts and to the extent funds are made available to indigent defendants by the General Assembly.
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unable to pay costs

Not provided for Not provided for Not provided for Yes

costs made available to the defendant

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South Carolina S.C. Code Ann. § 17-25-350 Schedule for payment of fine by indigent; consequences of failure to comply.
In any offense carrying a fine or imprisonment, the judge or magistrate hearing the case shall, upon a decision of guilty of the accused being determined and it being established
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that he is indigent at that time, set up a reasonable payment schedule for the payment of such fine, taking into consideration the income, dependents and necessities of life of the individual. Such payments shall be made to the magistrate or clerk of court as the case may be until such fine is paid in full. Failure to comply with the payment schedule shall constitute contempt of court; however, imprisonment for contempt may not exceed the amount of time of the original sentence, and where part of the fine has been paid the imprisonment cannot exceed the remaining pro rata portion of the sentence.No person found to be indigent shall be imprisoned because of inability to pay the fine in full at the time of conviction. Entitlement to free counsel shall not be determinative as to defendant's indigency.
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indigent

Not provided for Not provided for Not provided for Yes

reasonable payment plan

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South Carolina S.C. Code Ann. § 23-3-540(K) Electronic monitoring; reporting damage to or removing monitoring device; penalty
(K) The person must be charged for the cost of the active electronic monitoring device and the operation of the active electronic monitoring device for the duration of the time
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the person is required to be electronically monitored. The Department of Probation, Parole and Pardon Services may exempt a person from the payment of a part or all of the cost during a part or all of the duration of the time the person is required to be electronically monitored, if the Department of Probation, Parole and Pardon Services determines that exceptional circumstances exist such that these payments cause a severe hardship to the person.
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exceptional circumstances exist such that these payments cause a severe hardship to the person

Before imposition of fine or fee Not provided for Administrative decision No

waiver of all or part of fee

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South Carolina S.C. Code Ann. § 16-3-740(C)(4) Testing of certain convicted offenders for Hepatitis B and HIV
If the offender is subsequently convicted or adjudicated delinquent, the offender or the parents of an adjudicated offender must reimburse the State for the costs of the tests unless the
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offender or the parents of the adjudicated offender are determined to be indigent.
All Not provided for At enforcement of fine or fee Not provided for Not provided for Yes

waiver from reimbursing state for cost of tests

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South Carolina S.C. Code Ann. § 16-3-2040(C) Restitution for victims of trafficking (C) If a person is unable to pay restitution at the time of sentencing, or at any other time, the court may set restitution pursuant to Section 16-3-1270. All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

not specified

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South Carolina S.C. Code Ann. § 17-3-30(B) Affidavit of inability to employ counsel; payment of indigent's assets to state; application fee; waiver or reduction of fee
If the clerk or other appropriate official determines that the person is unable to pay the application fee, the fee may be waived or reduced, provided that if the fee
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is waived or reduced, the clerk or appropriate official shall report the amount waived or reduced to the trial judge upon sentencing and the trial judge shall order the remainder of the fee paid during probation if the person is granted probation.
All Not provided for Before imposition of fine or fee Not provided for Not provided for No

fee waived or reduced

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South Carolina S.C. Code Ann. § 17-3-45(B) Affidavit of assets of persons seeking appointed counsel; application fee
If it is determined that the person is unable to pay the application fee, the fee may be waived or reduced, provided that if the fee is waived or reduced,
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the clerk or appropriate official shall report the amount waived or reduced to the trial judge and the trial judge shall order the remainder of the fee paid during probation if the person is granted probation or by a time payment method if probation is not granted or appropriate.
All Not provided for Before imposition of fine or fee Not provided for Not provided for No

fee waived or reduced

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South Carolina S.C. Code Ann. § 17-22-110 Fees for application and participation; waiver All fees or costs of supervision may be waived partially or totally by the solicitor in cases of indigency. All Not provided for Not provided for Not provided for Not provided for No

partial or total waiver of fees

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South Carolina S.C. Code Ann. § 17-22-350(A) Fees; waiver; distribution of fee proceeds
Participation in a traffic education program may not be denied due to a person's inability to pay. If a person is deemed unable to pay, both the application fee and
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the participation fee must be waived.
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

waiver

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South Carolina S.C. Code Ann. § 17-22-550 Fees; waiver
However, participation in an alcohol education program may not be denied due to a person's inability to pay these fees. If a person is deemed unable to pay, the fees
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for enrollment, education, and supervision services may be waived or reduced at the discretion of each solicitor.
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

waived or reduced

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South Carolina S.C. Code Ann. § 17-25-150(B) Responsibilities of program; mandatory community penalty plan provisions; limitation upon use of funds
(B) Every community penalty plan must include the following:....(4) payment of such fees and costs of the program by the offender unless the court grants a waiver due to indigency.
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Procedures for collecting a fee from offenders must be implemented based on a sliding scale according to income and ability to pay;
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

waiver

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South Carolina S.C. Code Ann. § 17-25-322(B) Restitution to crime victim by person convicted of crime; hearing; determination of method, manner, and amount; entry of order
(B) In determining the manner, method, or amount of restitution to be ordered, the court may take into consideration the following:(1) the financial resources of the defendant and the victim
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and the burden that the manner or method of restitution will impose upon the victim or the defendant; (2) the ability of the defendant to pay restitution on an installment basis or on other conditions to be fixed by the court; (3) the anticipated rehabilitative effect on the defendant regarding the manner of restitution or the method of payment; (4) any burden or hardship upon the victim as a direct or indirect result of the defendant's criminal acts; (5) the mental, physical, and financial well-being of the victim.
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financial resources of the defendant and the victim and the burden that the manner or method of restitution will impose upon the victim or the defendant

Before imposition of fine or fee Not provided for Not provided for No

not specified

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South Carolina S.C. Code Ann. § 24-21-80 Probationers and parolees to pay supervision fee; intensive supervision fee; hardship exemption; delinquencies; substitution of public service
The intensive supervision fee must be determined by the department based upon the ability of the person to pay. Fees derived from persons under intensive supervision must be retained by
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the department, carried forward, and applied to the department's operation. The department may exempt any individual supervised by the department on any community supervision program from the payment of a part or all of the yearly or weekly fee during any part or all of the supervision period only if the department determines that exceptional circumstances exist such that these payments work a severe hardship on the individual.
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exceptional circumstances exist such that these payments work a severe hardship on the individual.

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

partial or total exemption

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South Carolina S.C. Code Ann. § 24-21-80 Probationers and parolees to pay supervision fee; intensive supervision fee; hardship exemption; delinquencies; substitution of public service
An adult placed on probation, parole, or community supervision shall pay a regular supervision fee toward offsetting the cost of his supervision for so long as he remains under supervision.
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The regular supervision fee must be determined by the Department of Probation, Parole, and Pardon Services based upon the ability of the person to pay.
All Not provided for Before imposition of fine or fee Not provided for Administrative decision Yes

not specified

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South Carolina S.C. Code Ann. § 24-21-100(B) Administrative monitoring when fines outstanding; fee
(B) An individual placed on administrative monitoring shall pay a regular monitoring fee toward offsetting the cost of his administrative monitoring for the period of time that he remains under
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monitoring. The regular monitoring fee must be determined by the department based upon the ability of the person to pay.
All Not provided for Before imposition of fine or fee Not provided for Administrative decision Yes

not specified

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South Carolina S.C. Code Ann. § 24-21-480 Restitution Center program; distribution of offenders' salaries
The offender must deliver his salary to the restitution center staff who must distribute it in the following manner: 4) payment of a daily fee for housing and food. This
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fee may be set by the department with the approval of the Department of Administration. The fee must be based on the offender's ability to pay not to exceed the actual costs.
All Not provided for Before imposition of fine or fee Not provided for Administrative decision Yes

not specified