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.

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

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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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Kansas Kan. Stat. Ann. ? 22-4529 Entitlement of defendant to counsel; application fee; disposition of moneys
Any defendant entitled to counsel pursuant to Kan. Stat. Ann. ? 22-4503, and amendments thereto, shall pay an application fee in the amount of $100 to the clerk of the
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district court. Any defendant entitled to counsel in a proceeding for a violation of a condition of release pursuant to Kan. Stat. Ann. ? 22-3716, and amendments thereto, shall pay an application fee of $100 to the clerk of the district court. Such fee shall be paid regardless of whether the defendant has paid application fees pursuant to this section in any other proceeding. If it appears to the satisfaction of the court that payment of the application fee will impose manifest hardship on the defendant, the court may waive payment of all or part of the application fee. All moneys received pursuant to this section shall be remitted to the state treasurer in accordance with the provisions of Kan. Stat. Ann. ? 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the indigents' defense services fund. If the defendant is acquitted or the case is dismissed, any application fee paid pursuant to this section shall be remitted to the defendant.
All

"manifest hardship"

Before imposition of fine or fee Not provided for Not provided for No Not provided for
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Kansas Kan. Stat. Ann. ? 60-2001(b) Docket fee; authorized only by legislative enactment; poverty affidavit, court review; additional costs; certain sheriff's charges prohibited
(b)?Poverty affidavit in lieu of docket fee. (1) Effect. In any case where a plaintiff by reason of poverty is unable to pay a docket fee, and an affidavit so
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stating is filed, no fee will be required. An inmate in the custody of the secretary of corrections may file a poverty affidavit only if the inmate attaches a statement disclosing the average account balance, or the total deposits, whichever is less, in the inmate's trust fund for each month in: (A) The six-month period preceding the filing of the action; or (B) the current period of incarceration, whichever is shorter. Such statement shall be certified by the secretary. On receipt of the affidavit and attached statement, the court shall determine the initial fee to be assessed for filing the action and in no event shall the court require an inmate to pay less than $3. The secretary of corrections is hereby authorized to disburse money from the inmate's account to pay the costs as determined by the court. If the inmate has a zero balance in such inmate's account, the secretary shall debit such account in the amount of $3 per filing fee as established by the court until money is credited to the account to pay such docket fee. Any initial filing fees assessed pursuant to this subsection shall not prevent the court, pursuant to subsection (d), from taxing that individual for the remainder of the amount required under subsection (a) or this subsection.(2)?Form of affidavit. The affidavit provided for in this subsection shall set forth a factual basis upon which the plaintiff alleges by reason of poverty an inability to pay a docket fee, including, but not limited to, the source and amount of the plaintiff's weekly income. Such affidavit shall be signed and sworn to by the plaintiff under oath, before one who has authority to administer the oath, under penalty of perjury, Kan. Stat. Ann. ? 2015 Supp. 21-5903, and amendments thereto. The form of the affidavit shall be deemed sufficient if in substantial compliance with the form set forth by the judicial council. (3)?Court review; grounds for dismissal; service of process. The court shall review any petition authorized for filing under this subsection. Upon such review, if the court finds that the plaintiff's allegation of poverty is untrue, the court shall direct the plaintiff to pay the docket fee or dismiss the petition without prejudice. Notwithstanding Kan. Stat. Ann. ? 60-301, and amendments thereto, service of process shall not issue unless the court grants leave following its review.
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

lower f ee

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Kansas Kan. Stat. Ann. ? 8-1567 Driving a commercial motor vehicle under the influence; penalties
In lieu of payment of a fine imposed pursuant to this section, the court may order that the person perform community service specified by the court. The person shall receive
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a credit on the fine imposed in an amount equal to $5 for each full hour spent by the person in the specified community service. The community service ordered by the court shall be required to be performed not later than one year after the fine is imposed or by an earlier date specified by the court. If by the required date the person performs an insufficient amount of community service to reduce to zero the portion of the fine required to be paid by the person, the remaining balance of the fine shall become due on that date.
Misdemeanor, Felony Not provided for At enforcement of fine or fee Not provided for Not provided for No

Community service

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Kansas Kan. Stat. Ann. ? 21-6604(d) Authorized dispositions; crimes committed on or after July 1, 1993
(d) In addition to any of the above, the court shall order the defendant to reimburse the county general fund for all or a part of the expenditures by the
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county to provide counsel and other defense services to the defendant. Any such reimbursement to the county shall be paid only after any order for restitution has been paid in full. In determining the amount and method of payment of such sum, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of such sum will impose. A defendant who has been required to pay such sum and who is not willfully in default in the payment thereof may at any time petition the court which sentenced the defendant to waive payment of such sum or 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 the defendant's immediate family, the court may waive payment of all or part of the amount due or modify the method of payment.
All

payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family

At defendant's request before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing Yes

the court may waive payment of all or part of the amount due or modify the method of payment

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Kansas Kan. Stat. Ann. § 21-6612(c) Criteria for imposing fines
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
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its payment will impose.
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes Not provided for
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Kansas Kan. Stat. Ann. § 22-3425(2) Commitment for failure to pay fine and costs
Any person confined in the county jail for failure to pay a fine or costs may be released by the court which imposed sentence, upon satisfactory proof that such person
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is unable to pay such fine and costs. A release under this section shall not discharge a person from his liability to pay the fine and costs adjudged against him, but they may thereafter be collected by execution as on judgments in civil cases.
All Not provided for At enforcement of fine or fee Not provided for Not provided for No

converts to civil judgment

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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,
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and the court so finds
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
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indigent.
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
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and court-ordered drug testing of indigent offenders.
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)
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days. 
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
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participation in the program would provide a benefit to his community.
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
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of 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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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