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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.
6 Results
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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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 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. |
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Maine | Me. Rev. Stat. tit 17-A §1902(1) | Deferred disposition |
1. Authority of court to order deferment and impose requirements; administrative supervision fee. Following the acceptance of a plea of guilty for a crime for which a person is eligible for a deferred disposition under section 1901, the court may order sentencing deferred to a date certain or determinable and impose requirements upon the person, to be in effect during the period of deferment, considered by the court to be reasonable and appropriate to assist the person to lead a law-abiding life. The court-imposed deferment requirements must include a requirement that the person refrain from criminal conduct and may include a requirement that the person pay to the appropriate county an administrative supervision fee of not more than $50 per month, as determined by the court, for the term of the deferment. In determining the amount of the fee, the court shall take into account the financial resources of the person and the nature of the burden its payment imposes. In exchange for the deferred sentencing, the person shall abide by the court-imposed deferment requirements. Unless the court orders otherwise, the requirements are immediately in effect.
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All |
The financial resources of the person and the nature of the burden its payment imposes. |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No | Not provided for |
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Maine | Me. Rev. Stat. tit 17-A § 1607 | Prohibition against imprisonment based on incapacity to pay fine |
If a court finds that an individual has met the burden of proving incapacity to pay a fine pursuant to section 1702, subsection 2, the court may not impose a term of imprisonment or any other sentencing alternative involving imprisonment solely for the reason that the individual does not have the present or future capacity to pay the fine.
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All |
Not provided for |
At enforcement of fine or fee | Burden on defendant to show inability to pay | Not provided for | No | Not provided for |
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Montana | Mont. Code Ann. § 45-6-101(2) | Criminal Mischief |
Upon good cause shown by the convicted person, the court may modify any previous order specifying the amount and manner of restitution. Full payment of the amount of restitution ordered + See moremust be made prior to the release of state jurisdiction over the person convicted
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All | Not provided for | At defendant's request at enforcement | Burden on defendant to show inability to pay | Not provided for | No |
Modify previous order specifying the amount and manner of restitution. |
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Montana | Mont. Code Ann. § 46-18-111 | Presentence investigation--when required |
The defendant shall pay to the department of corrections a $50 fee at the time that the report is completed, unless the court determines that the defendant is not able + See moreto pay the fee within a reasonable time.
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All | Not provided for | Not provided for | Not provided for | Not provided for | Yes |
Waive or reduce fee |
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Montana | Mont. Code Ann. § 46-18-111 | Presentence investigation--when required |
The psychosexual evaluation must be made available to the county attorney's office, the defense attorney, the probation and parole officer, and the sentencing judge. All costs related to the evaluation + See moremust be paid by the defendant. If the defendant is determined by the district court to be indigent, all costs related to the evaluation are the responsibility of the district court and must be paid by the county or the state, or both, under Title 3, chapter 5, part 9. The district court may order subsequent psychosexual evaluations at the request of the county attorney. The requestor of any subsequent psychosexual evaluations is responsible for the cost of the evaluation.
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All |
Indigency |
Not provided for | Not provided for | Not provided for | Yes |
Waive or reduce fee |
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