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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Georgia Ga. Code Ann. § 17-14-5(e) Restitution by Juvenile Delinquent; Retention of Jurisdiction to Enforce Order Against Juvenile After Attainment of Age 21; Transfer of Enforcement Jurisdiction; Parent's Obligation for Restitution

If the court determines that a juvenile is or will be unable to pay all of the restitution ordered, after notice to the juvenile's parent or parents and an opportunity

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for the parent or parents to be heard, the court may order the parent or parents to pay any portion of the restitution ordered that is outstanding where the court or a jury finds by clear and convincing evidence that the parent or parents knew or should have known of the juvenile's propensity to commit such acts and the acts are due to the parent's or parents' negligence or reckless disregard for the juvenile's propensity to commit such acts. Upon the eighteenth birthday of the juvenile, the parental obligation to pay restitution shall be terminated.

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"Is or will be unable to pay all of the restitution ordered."

Before imposition of fine or fee Not provided for Determined by judge after hearing Yes

Requiring the juvenile's parent or parents to pay if they are found to be aware of an negligent or reckless in preventing their juvenile's propensity to commit such acts.

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Georgia Ga. Code Ann. § 15-10-82 Hearing Fee on Application for Search or Arrest Warrant or Deposit Account Fraud Citation; No Fee Assessed Against Certain Alleged Victims

For hearing an application for an arrest or search warrant or deposit account fraud citation, the fee charged shall not exceed $20.00, but this fee may be waived by the issuing magistrate if he

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or she finds that because of the financial circumstances of the party applying for the warrant or citation or for other reasons this fee should not be charged in justice, provided that no fee shall be assessed against the alleged victim of a violation of Code Section 16-5-90, 16-5-91, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5.1, 16-6-22.1, or 16-6-22.2 or against the alleged victim of any domestic violence offense for costs associated with the filing of criminal charges against the stalking offender, sexual offender, or domestic violence offender or for the issuance or service of a warrant, protective order, or witness subpoena arising from the incident of stalking, sexual assault, or domestic violence.

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"Because of the financial circumstances of the party applying for the warrant or citation or for other reasons this fee should not be charged in justice."

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

The court may waive the fee.

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Georgia Ga. Code Ann. § 42-8-102(e) Probation and Supervision; Determination of Fees, Fines, and Restitution; Converting Moneys Owed to Community Service or Educational Advancement; Continuing Jurisdiction; Revocation; Transfer

(1) As used in this subsection, the term: (A)  "Developmental disability" shall have the same meaning as set forth in Code Section 37-1-1. (B)  "Indigent" means an individual who earns less than 100

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percent of the federal poverty guidelines unless there is evidence that the individual has other resources that might reasonably be used without undue hardship for such individual or his or her dependents. (C)  "Significant financial hardship" means a reasonable probability that an individual will be unable to satisfy his or her financial obligations for two or more consecutive months. (D)  "Totally and permanently disabled" shall have the same meaning as set forth in Code Section 49-4-80;  (2)  The court shall waive, modify, or convert fines, statutory surcharges, probation supervision fees, and any other moneys assessed by the court or a provider of probation services upon a determination by the court prior to or subsequent to sentencing that a defendant has a significant financial hardship or inability to pay or that there are any other extenuating factors which prohibit payment or collection; provided, however, that the imposition of sanctions for failure to pay such sums shall be within the discretion of the court through judicial process or hearings; (3)  Unless rebutted by a preponderance of the evidence that a defendant will be able to satisfy his or her financial obligations without undue hardship to the defendant or his or her dependents, a defendant shall be presumed to have a significant financial hardship if he or she: (A)  Has a developmental disability; (B)  Is totally and permanently disabled; (C)  Is indigent; or (D)  Has been released from confinement within the preceding 12 months and was incarcerated for more than 30 days before his or her release.

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"'Indigent; means an individual who earns less than 100 percent of the federal poverty guidelines unless there is evidence that the individual has other resources that might reasonably be used without

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undue hardship for such individual or his or her dependents;  'Significant financial hardship' means a reasonable probability that an individual will be unable to satisfy his or her financial obligations for two or more consecutive months."

Before imposition of fine or fee Not provided for Determined by judge after hearing Yes

The court must either reduce the fine, fee or surcharge to an amount the defendant can pay, or convert it to community service.

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Georgia Ga. Code Ann. § 17-10-1(d) Fixing of Sentence; Suspension or Probation of Sentence; Change in Sentence; Eligibility for Parole; Prohibited Modifications; Exceptions

(1) As used in this subsection, the term: (A)  "Developmental disability" shall have the same meaning as set forth in Code Section 37-1-1. (B)  "Indigent" means an individual who earns less than 100

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percent of the federal poverty guidelines unless there is evidence that the individual has other resources that might reasonably be used without undue hardship for such individual or his or her dependents. (C)  "Significant financial hardship" means a reasonable probability that an individual will be unable to satisfy his or her financial obligations for two or more consecutive months. (D)  "Totally and permanently disabled" shall have the same meaning as set forth in Code Section 49-4-80;  (2)  In determining the financial obligations, other than restitution, to impose on the defendant, the court shall consider: (A)  The defendant's financial resources and other assets, including whether any such assets are jointly controlled; (B)  The defendant's earnings and other income; (C)  The defendant's financial obligations, including obligations to dependents; (D)  The period of time during which the probation order will be in effect; (E)  The goal of the punishment being imposed; and (F)  Any other factor the court deems appropriate;  (3)  In any case involving a violation of local ordinance, misdemeanor, or felony in which the defendant has been punished in whole or in part by a fine, the court shall be authorized to allow the defendant to satisfy such fine or any fee imposed in connection with probation supervision through community service as set forth in Article 3 of Chapter 3 of Title 42. One hour of community service shall equal the dollar amount of one hour of paid labor at the minimum wage under the federal Fair Labor Standards Act of 1938, in effect on January 1, 2018, unless otherwise specified by the court. A defendant shall be required to serve the number of hours in community service which equals the number derived by dividing the amount owed by the defendant, including moneys assessed by a provider of probation services, by the federal minimum hourly wage or by the amount specified by the court. If the court orders educational advancement, the court shall determine the numbers of hours required to be completed. Prior to or subsequent to sentencing, a defendant, or subsequent to sentencing, a community supervision officer, may request that the court make all or any portion of the amount owed by the defendant be satisfied under this subsection;  (4)  At the time of sentencing, the court may waive the imposition of a fine, exclusive of the payment of statutory surcharges, upon a determination that a defendant has a significant financial hardship or inability to pay or other extenuating factors exist that prohibit payment or collection of such fine. When determining significant financial hardship, the court may consider whether the defendant is indigent and whether the defendant or his or her dependents has a developmental disability or is totally and permanently disabled. If the court waives the imposition of a fine under this paragraph, it shall instead impose a theoretical fine and the defendant shall be required to pay the statutory surcharges associated therewith.

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"'Indigent' means an individual who earns less than 100 percent of the federal poverty guidelines unless there is evidence that the individual has other resources that might reasonably be used without

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undue hardship for such individual or his or her dependents. 'Significant financial hardship' means a reasonable probability that an individual will be unable to satisfy his or her financial obligations for two or more consecutive months."

Before imposition of fine or fee Not provided for Determined by judge after hearing No Not provided for
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Georgia Ga. Code Ann. § 15-21A-6(a);(c) Additional Filing Fees; Application Fee For Indigent Defense Services; Remittance of Funds

(a)  In addition to all other legal costs, there shall be charged to the filing party and collected by the clerk an additional filing fee of $15.00 in each civil action

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or case filed in the superior, state, recorder's, mayor's, and magistrate courts except that municipalities, counties, and political subdivisions shall be exempt from such fee. Without limiting the generality of the foregoing, such fee shall apply to all adoptions, certiorari, trade name registrations, applications for change of name, and all other proceedings of a civil nature. Any matter which is docketed upon the official dockets of the enumerated courts and to which a number is assigned shall be subject to such fee, whether such matter is contested or not;  (c)  Any person who applies for or receives legal defense services under Chapter 12 of Title 17 shall pay the entity providing such services a single fee of $50.00 for the application for, receipt of, or application for and receipt of such services. The application fee shall not be imposed if the payment of the fee is waived by the court. The court shall waive the fee if it finds that the applicant is unable to pay the fee or that measurable hardship will result if the fee is charged. If the application fee required by this subsection has not been paid prior to the time the defendant is sentenced, the court shall impose such fee as a condition of probation.

All

"Unable to pay the fee or that measurable hardship will result if the fee is charged."

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

"The application fee shall not be imposed if the payment of the fee is waived by the court."

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Georgia Ga. Code Ann. § 42-8-34(e)(1) Sentencing Hearings and Determinations; Presentence Investigations; Payment of Fees, Fines, and Costs; Post-Conviction, Presentence Bond; Continuing Jurisdiction; Transferal of Probation Supervision

The court may, in its discretion, require the payment of a fine, fees, or restitution as a condition of probation. Chapter 14 of Title 17 shall control when determining the

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amount of restitution. When probation supervision is required, the court may require the payment of a probation supervision fee as a condition of probation. In determining the financial obligations, other than restitution, to impose on the defendant, the court may consider: (A)  The defendant's financial resources and other assets, including whether any such asset is jointly controlled; (B)  The defendant's earnings and other income; (C)  The defendant's financial obligations, including obligations to dependents; (D)  The period of time during which the probation order will be in effect; (E)  The goal of the punishment being imposed; and (F)  Any other factor the court deems appropriate.

All

"The court may consider: (A)  The defendant's financial resources and other assets, including whether any such asset is jointly controlled; (B)  The defendant's earnings and other income; (C)  The defendant's financial obligations, including

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obligations to dependents; (D)  The period of time during which the probation order will be in effect; (E)  The goal of the punishment being imposed; and (F)  Any other factor the court deems appropriate."

Before imposition of fine or fee Not provided for Determined by judge after hearing No Not provided for
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Kentucky Ky. Rev. Stat. Ann. § 534.030(2) Fines for felonies

(2) In determining the amount and method of paying a fine for commission of a felony, the court shall consider, among others, the following factors: (a) The defendant's ability to

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pay the amount of the fine; (b) The hardship likely to be imposed on the defendant's dependents by the amount of the fine and the time and method of paying it; (c) The impact the amount of the fine will have on the defendant's ability to make reparation or restitution to the victim; and (d) The amount of the defendant's gain, if any, derived from the commission of the offense.

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

Not specified

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Kentucky Ky. Rev. Stat. Ann. § 534.045(1)-(3) Assessment of reimbursement fee against jail prisoners; collection; fee determination; relevant evidence; modification

(1) Pursuant to a conviction of a misdemeanor, including traffic offenses, where a person is sentenced to incarceration in the county jail, the District Court may assess a reimbursement fee

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to help defray the expenses of the prisoner's room and board. The reimbursement fee shall not exceed twenty-five percent (25%) of the prisoner's gross daily wages or forty dollars ($40) per day, whichever is less. All moneys shall be paid directly to the jailer.

(2) In determining whether a reimbursement fee as described in subsection (1) of this section is to be assessed, and in establishing the amount of the fee, the court shall consider evidence relevant to the prisoner's ability to pay the fee . . . 

(3) After considering all relevant evidence to the issue of the prisoner's ability to pay, the court shall enter as part of its judgment the amount of the reimbursement fee, if any, that shall be paid by the prisoner during his period of incarceration in the county jail. The fee shall bear a reasonable relationship to the person's income. Upon petition by the prisoner affected by the order, the amount may be modified to reflect any changes in the financial status of the prisoner. In any appeal that might be taken from the conviction, the amount of the reimbursement fee may be challenged.

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

Not specified

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Kentucky Ky. Rev. Stat. Ann. § 510.320(2)-(3),(6) Human immunodeficiency virus testing for defendants accused of certain sexual offenses; results; counseling when test positive; cost; effect of appeal

(2) A defendant charged with an offense pursuant to this chapter which has sexual intercourse or deviate sexual intercourse as an element, or has sexual contact as an element when

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the circumstances of the case demonstrate a possibility of transmission of human immunodeficiency virus, shall upon initial court appearance on the charge, be informed by the judge of the availability of human immunodeficiency virus testing. The judge shall also notify the victim of the offense, or parent or guardian of the victim, that the defendant has been so notified.

(3) When a defendant has been convicted of any offense in subsection (2) of this section, other provisions of law to the contrary notwithstanding, the sentencing court, regardless of any prior human immunodeficiency virus test, shall order the defendant to undergo a human immunodeficiency virus test, under the direction of the Cabinet for Health and Family Services...

(6) The cost of testing under this section shall be paid by the defendant tested, unless the court has determined the defendant to be indigent.

All

Indigency

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

Not specified

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Kentucky Ky. Rev. Stat. Ann. § 31.211(1)
Determination of ability to pay partial fee for representation and services at arraignment; collection of unpaid partial fee by civil judgment; partial fee credited to local office or department; funds
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placed in special trust and agency account

At arraignment, the court shall conduct a nonadversarial hearing to determine whether a person who has requested a public defender is able to pay a partial fee for legal representation,

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the other necessary services and facilities of representation, and court costs. The court shall order payment in an amount determined by the court and may order that the payment be made in a lump sum or by installment payments to recover money for representation provided under this chapter. This partial fee determination shall be made at each stage of the proceedings.

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Not provided for

Before imposition of fine or fee Not provided for Determined by judge after hearing Yes

If the court finds that an individual is unable to pay (is "needy") the court shall waive all costs, see Ky. Rev. Stat. Ann. § 31.110

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Kentucky Ky. Rev. Stat. Ann. § 24A.175 Court costs for criminal cases in District Court; payment required; exceptions; treatment of minor defendant

The taxation of court costs against a defendant, upon conviction in a case, including persons sentenced to state traffic school as provided under KRS 186.574, shall be mandatory and shall not

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be subject to probation, suspension, proration, deduction, or other form of nonimposition in the terms of a plea bargain or otherwise, unless the court finds that the defendant is a poor person as defined by KRS 453.190(2) and that he or she is unable to pay court costs and will be unable to pay the court costs in the foreseeable future.

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Not provided for

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

Not specified

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Kentucky Ky. Rev. Stat. Ann. § 441.265(5) "Required reimbursement by prisoner of costs of confinement; local policy of fee and expense rates; billing and collection methods"

(5) The governing body of the county may require a prisoner who is confined in the county jail to pay a reasonable fee, not exceeding actual cost, for any medical

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treatment or service received by the prisoner. However, no prisoner confined in the jail shall be denied any necessary medical care because of inability to pay.

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Not provided for

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

N/A

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Kentucky Ky. Rev. Stat. Ann. § 532.454(5) Persons prohibited from probation or postincarceration supervision; procedure when probation or postincarceration supervision not prohibited

(5) The offender shall pay for any evaluation or treatment required pursuant to this section up to the offender's ability to pay but not more than the actual cost of

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the comprehensive sex offender presentence evaluation or treatment.

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Not provided for

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

N/A

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Kentucky Ky. Rev. Stat. Ann. § 534.040 Fines for misdemeanors and violations

(4) Fines required by this section shall not be imposed upon any person determined by the court to be indigent pursuant to KRS Chapter 31.

Misdemeanor

Indigent

Before imposition of fine or fee Not provided for Determined by judge without hearing No Not provided for
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Kentucky Ky. Rev. Stat. Ann. § 23A.208(3) Additional fee for sex crime, stalking, or related inchoate offenses

(3) The court may waive all or any portion of the fee required by this section if the court finds that a person subject to the surcharge is indigent or

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financially unable to pay all or any portion of the surcharge. The court may waive only the portion of the surcharge that the court finds the person is financially unable to pay.

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

Waive portion of surcharge.