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

State

Keyword search

Reset

Reset all filters

Timeline

Burden of proof

Method of determination

Mandatory

Narrrow results

Level of Offense

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.

3 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

 Georgia Ga. Code Ann. § 17-14-10 Factors to be Considered by Ordering Authority in Determining Nature and Amount of Restitution

(a)  In determining the nature and amount of restitution, the ordering authority shall consider: (1) The financial resources and other assets of the offender or person ordered to pay restitution

+ See more
including whether any of the assets are jointly controlled; (2) The earnings and other income of the offender or person ordered to pay restitution; (3) Any financial obligations of the offender or person ordered to pay restitution, including obligations to dependents; (4) The amount of damages; (5) The goal of restitution to the victim and the goal of rehabilitation of the offender; (6) Any restitution previously made; (7) The period of time during which the restitution order will be in effect; and (8) Other factors which the ordering authority deems to be appropriate; (b)  If, subsequent to restitution being ordered pursuant to this article, a victim is convicted of a crime for which restitution is ordered, the ordering authority shall consider the previously ordered restitution as part of the financial resources of such victim.

 All Not provided for At enforcement of fine or fee Not provided for Other Yes Not provided for
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

 Virginia Va. Code Ann. § 18.2-251 Program costs - ability to pay
The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of
+ See more
the screening, assessment, testing, and treatment, based upon the accused's ability to pay unless the person is determined by the court to be indigent.
 All

Indigence

 Before imposition of fine or fee Not provided for Other Yes

exemption from payment of fees
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

 Virginia Va. Code Ann. § 18.2-258.1(H) Program costs - indigency
The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of
+ See more
the screening, evaluation, testing and education, based upon the person's ability to pay unless the person is determined by the court to be indigent.
 All

Indigence

 Before imposition of fine or fee Not provided for Other Yes

exemption from payment of fees

The Criminal Justice Debt Reform Builder is a project of the National Criminal Justice Debt Initiative of the Criminal Justice Policy Program at Harvard Law School in collaboration with the Berkman Klein Center for Internet & Society at Harvard University and with user experience design by metaLAB (at) Harvard.

For more information, please visit cjpp.law.harvard.edu.