Ability to Pay

Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.

Every law can be saved to the Reform Builder  

See all ability to pay policy recommendations in CJPP’s Policy Guide

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.

32 Results

Export results to Excel

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
BS-+-Light-Rounded-Square
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.

BS-+-Light-Rounded-Square
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.

BS-+-Light-Rounded-Square
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.

BS-+-Light-Rounded-Square
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.

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Hawaii Haw. Rev. Stat. § 706-640(2) Disposition of Criminal defendants: Authorized fines

The mandatory fines imposed by this subsection shall not be reduced except and only to the extent that payment of the fine prevents the defendant from making restitution to the

+ See more
victim of the offense, or that the defendant's property, real or otherwise, has been forfeited under chapter 712A as a result of the same conviction for which the defendant is being fined under this subsection.

All

Not provided for

Not provided for Not provided for Not provided for Yes

Fine reduced.

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Hawaii Haw. Rev. Stat. § 706-648 Probation services fee

(1) The court, when sentencing a defendant to probation or granting deferral of a plea under section 853-1, shall order the defendant to pay a probation services fee. The amount

+ See more
of the fee shall be as follows:(a) $150, when the term of probation or period of deferral is for more than one year; or (b) $75, when the term of probation or period of deferral is for one year or less; provided that no fee shall be ordered when the court determines that the defendant is unable to pay the fee.

All

Not provided for

At enforcement of fine or fee Not provided for Not provided for Yes

Fee not ordered.

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Hawaii Haw. Rev. Stat. § 706-646(3) Victim restitution

(3) In ordering restitution, the court shall not consider the defendant's financial ability to make restitution in determining the amount of restitution to order. The court, however, shall consider the

+ See more
defendant's financial ability to make restitution for the purpose of establishing the time and manner of payment. The court shall specify the time and manner in which restitution is to be paid. Restitution shall be a dollar amount that is sufficient to reimburse any victim fully for losses, including but not limited to:(a) Full value of stolen or damaged property, as determined by replacement costs of like property, or the actual or estimated cost of repair, if repair is possible; (b) Medical expenses; and (c) Funeral and burial expenses incurred as a result of the crime.

All

Not provided for

At enforcement of fine or fee Not provided for Determined by judge without hearing No

Time and manner of payment may be ordered considering an individual's ability to pay.

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Hawaii Haw. Rev. Stat. § 846F-3 Internet crimes against children fee

(a) The court shall order every defendant to pay an internet crimes against children fee of up to $100 for each felony or misdemeanor conviction; provided that no fee shall

+ See more
be ordered when the court determines that the defendant is unable to pay the fee.

(b) When a defendant is also ordered to pay a fine, make restitution, pay a crime victim compensation fee, or pay other fees in addition to the internet crimes against children fee, payments by the defendant shall be made in the order of priority established under section 706-651.

(c) The defendant shall pay the internet crimes against children fee to the clerk of the court. The fee shall be deposited with the director of finance who shall transmit the fee to the internet crimes against children special fund pursuant to section 846F-4.

All

Not provided for

Not provided for Not provided for Not provided for Yes

Fee not ordered.

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Hawaii Haw. Rev. Stat. § 706-641 Criteria for imposing fines

(1) The court shall not sentence a defendant only to pay a fine, when any other disposition is authorized by law, except in misdemeanor and petty misdemeanor cases.

(2) The court

+ See more
shall not sentence a defendant to pay a fine in addition to a sentence of imprisonment or probation unless: (a) The defendant has derived a pecuniary gain from the crime; or (b) The court is of the opinion that a fine is specially adapted to the deterrence of the crime involved or to the correction of the defendant.

(3) The court shall not sentence a defendant to pay a fine unless: (a) The defendant is or will be able to pay the fine; and (b) The fine will not prevent the defendant from making restitution to the victim of the offense.

(4) 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.

All

The financial resources of the defendant and the nature of the burden that its payment will impose.

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

Court shall sentence defendant to pay a fine.

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Hawaii Haw. Rev. Stat. § 607-3 Court costs, waiver of prepayment, reduction or remission of

The judges of all the courts of the State shall have discretionary power to waive the prepayment of costs or to reduce or remit costs where, in special or extraordinary

+ See more
cases, the cost of any suit, action, or proceeding may, to the judges, appear onerous.

All

Cost appears onerous.

Not provided for Not provided for Not provided for No

Waive prepayment of costs.

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Hawaii Haw. Rev. Stat. § 802-7 Litigation expenses

The court may, upon a satisfactory showing that a criminal defendant is unable to pay for transcripts or witness fees and transportation, or for investigatory, expert or other services, and

+ See more
upon a finding that the same are necessary for an adequate defense, direct that such expenses be paid from available court funds or waived, as the case may be; provided that where the defendant is represented by the state public defender or by other counsel appointed by the court except for such other counsel appointed by the court for reasons of conflict of interest on the part of the public defender, the public defender shall pay for or authorize payment for the same, if the public defender determines that the defendant is unable to pay for the same and that the same are necessary for an adequate defense, and if there is a dispute as to the financial ability of the defendant such dispute shall be resolved by the court. In cases where other counsel have been appointed by the court for reasons of conflict of interest, the court may, upon the requisite showing of inability to pay and a finding that such expenses are necessary for an adequate defense as set forth above, direct that such expenses be paid from available court funds or waived, as the case may be.

All Not provided for Before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing No

Fees paid from court funds or waived.

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Hawaii Haw. Rev. Stat. § 706-605(7) Authorized disposition of convicted defendants

(7) The court shall order the defendant to make restitution for losses as provided in section 706-646. In ordering restitution, the court shall not consider the defendant's financial ability to

+ See more
make restitution in determining the amount of restitution to order. The court, however, shall consider the defendant's financial ability to make restitution for the purpose of establishing the time and manner of payment.

All

Not provided for.

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

Time and manner of payment ordered in consideration of ability to pay.

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Hawaii Haw. Rev. Stat. § 706-605(6) Authorized disposition of convicted defendants

(6) The court shall impose a compensation fee upon every person convicted of a criminal offense pursuant to section 351-62.6; provided that the court shall waive the imposition of a

+ See more
compensation fee if it finds that the defendant is unable to pay the compensation fee. When a defendant is ordered to make payments in addition to the compensation fee, payments by the defendant shall be made in the order of priority established in section 706-651.

All

Not provided for

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

Fee waiver.

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Hawaii Haw. Rev. Stat. § 706-650(5) Drug demand reduction assessments; special fund

(5) If the court determines that the person has the ability to pay the monetary assessment and is eligible for probation or will not be sentenced to incarceration, unless otherwise required

+ See more
by law, the court may order the person to undergo a substance abuse treatment program at the person’s expense. If the person undergoes a substance abuse treatment program at the person’s expense, the court may waive or reduce the amount of the monetary assessment. Upon a showing by the person that the person lacks the financial ability to pay all or part of the monetary assessment, the court may waive or reduce the amount of the monetary assessment.

All

Not provided for

Before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge without hearing No

Waive or reduce amount of fee.

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Hawaii Haw. Rev. Stat. 853-1(b) Deferred acceptance of guilty plea or nolo contendere plea; discharge and dismissal, expungement of records

(b) . . . the court shall impose a compensation fee pursuant to section 351-62.6 and a probation services fee pursuant to section 706-648 upon every defendant who has entered

+ See more
a plea of guilty or nolo contendere to a petty misdemeanor, misdemeanor, or felony; provided that the court shall waive the imposition of a compensation or probation services fee, if it finds that the defendant is unable to pay the compensation or probation services fee. The court may defer the proceedings for a period of time as the court shall direct but in no case to exceed the maximum sentence allowable; provided that, if the defendant has entered a plea of guilty or nolo contendere to a petty misdemeanor, the court may defer the proceedings for a period not to exceed one year. The defendant may be subject to bail or recognizance at the court's discretion during the period during which the proceedings are deferred.

All

Not provided for

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

Fee waiver.

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Hawaii Haw. Rev. Stat. § 291D-9 Adjudication of Traffic Infractions: Monetary assessments

(d) The court may grant to a person claiming inability to pay, an extension of the period in which the monetary assessment shall be paid or may impose community service

+ See more
in lieu thereof. If the assessment is not paid or the community service is not performed on or before the date established and the court has not extended the time, the court shall take action as provided in section 291D-10.

All Not provided for Not provided for Not provided for Determined by judge without hearing No

Extension of time to pay or community service in lieu of payment.

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Hawaii Haw. Rev. Stat. § 706-644(1),(4) Consequences of nonpayment; imprisonment for contumacious nonpayment; summary collection.

(1) When a defendant is sentenced pursuant to section 706-605, granted a conditional discharge pursuant to section 712-1255, or granted a deferred plea pursuant to chapter 853, and the defendant is

+ See more
ordered to pay a fee, fine, or restitution, whether as an independent order, as part of a judgment and sentence, or as a condition of probation or deferred plea, and the defendant defaults in the payment thereof or of any installment, the court, upon the motion of the prosecuting attorney or upon its own motion, may require the defendant to show cause why the defendant’s default should not be treated as contumacious and may issue a summons or a warrant of arrest for the defendant’s appearance. Unless the defendant shows that the defendant’s default was not attributable to an intentional refusal to obey the order of the court, or to a failure on the defendant’s part to make a good faith effort to obtain the funds required for the payment, the court shall find that the defendant’s default was contumacious and may order the defendant committed until the fee, fine, restitution, or a specified part thereof is paid.

(4) If it appears that the defendant’s default in the payment of a fee, fine, or restitution is not contumacious, the court may make an order allowing the defendant additional time for payment, reducing the amount of each installment, or revoking the fee, fine, or the unpaid portion thereof in whole or in part, or converting the unpaid portion of the fee or fine to community service. A defendant shall not be discharged from an order to pay restitution until the full amount of the restitution has actually been collected or accounted for.

All

Not provided for

At enforcement of fine or fee Not provided for Determined by judge after hearing No

Additional time to pay, reduction in the amount owed, revoking part of or whole fine, or community service in lieu of payment.

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Hawaii Haw. Stat. Rev. § 706-603(1) DNA analysis monetary assessment; DNA registry special fund

(1) In addition to any disposition authorized by chapter 706 or 853, every defendant convicted of a felony offense shall be ordered to pay a monetary assessment of $500 or the

+ See more
actual cost of the DNA analysis, whichever is less. The court may reduce the monetary assessment if the court finds, based on evidence presented by the defendant and not rebutted by the State, that the defendant is not and will not be able to pay the full monetary assessment and, based on the finding, shall instead order the defendant to pay an assessment that the defendant will be able to pay within five years.

Felony

Not provided for

Not provided for Not provided for Not provided for No

Reduced fee.

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
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.

All

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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Mexico N.M. Stat. Ann. § 31-16-7 Recovery from defendant

A. The district attorney may, on behalf of the state, recover payment or reimbursement, as the case may be, from each person who has received legal assistance or another benefit

+ See more
under the Indigent Defense Act: (1) to which he was not entitled; (2) with respect to which he was not a needy person when he received it; or (3) with respect to which he has failed to make the certificate required by Section 62 B of the Indigent Defense Act and for which he refuses to pay. Suit must be brought within six years after the date on which the aid was received.

B. The district attorney may, on behalf of the state, recover payment or reimbursement, as the case may be, from each person other than a person covered by SMayubsection A who has received legal assistance under the Indigent Defense Act and who, on the date on which suit is brought, is financially able to pay or reimburse the state for it according to the standards of ability to pay applicable under the Indigent Defense Act but refuses to do so. Suit must be brought within three years after the date on which the benefit was received. 

All

Not provided for

Before imposition of fine or fee Not provided for Determined by judge after hearing No

May not recover payment or reimbursement.