Data Explorer: Ability to pay | 50 State Criminal Justice Debt Tool

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
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.
Add to Dashboard + Create New	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 + See more 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.	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
Add to Dashboard + Create New	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 + See more 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.	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
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2743.70(1)	Additional court costs and bail to be charged	(1) The court, in which any person is convicted of or pleads guilty to any offense other than a traffic offense that is not a moving violation, shall impose the following + See more sum as costs in the case in addition to any other court costs that the court is required by law to impose upon the offender: (a) Thirty dollars, if the offense is a felony; (b) Nine dollars, if the offense is a misdemeanor. The court shall not waive the payment of the thirty or nine dollars court costs, unless the court determines that the offender is indigent and waives the payment of all court costs imposed upon the indigent offender. All such moneys shall be transmitted on the first business day of each month by the clerk of the court to the treasurer of state and deposited by the treasurer in the reparations fund.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Fee waiver
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2949.094(A)	Additional court costs for drug law enforcement, justice program services, and indigent drivers alcohol treatment funds	The court in which any person is convicted of or pleads guilty to any moving violation shall impose an additional court cost of ten dollars upon the offender. The court + See more shall not waive the payment of the ten dollars unless the court determines that the offender is indigent and waives the payment of all court costs imposed upon the indigent offender.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	No	Fee waiver
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2949.094(B)	Additional court costs for drug law enforcement, justice program services, and indigent drivers alcohol treatment funds	(B) The juvenile court in which a child is found to be a juvenile traffic offender for an act that is a moving violation shall impose an additional court cost + See more of ten dollars upon the juvenile traffic offender. The juvenile court shall not waive the payment of the ten dollars unless the court determines that the juvenile is indigent and waives the payment of all court costs imposed upon the indigent offender.	All	Indigent	Not provided for	Not provided for	Determined by judge without hearing	No	Fee waiver
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2949.093(D)	County participation in criminal justice regional information system	The court in which any person is convicted of or pleads guilty to any moving violation that occurs in a county that has elected to participate in a criminal justice + See more regional information system shall impose the sum established by the board pursuant to division (C) of this section as costs in the case in addition to any other court costs that the court is required by law to impose upon the offender. The court shall not waive the payment of the additional court cost established by the board pursuant to division (C) of this section unless the court determines that the offender is indigent and waives the payment of all court costs imposed upon the indigent offender.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	No	Fee waiver
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2941.51(D)	Payment of appointed or selected counsel	The fees and expenses approved by the court under this section shall not be taxed as part of the costs and shall be paid by the county. However, if the person represented + See more has, or reasonably may be expected to have, the means to meet some part of the cost of the services rendered to the person, the person shall pay the county an amount that the person reasonably can be expected to pay.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	No	Fee waiver
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2929.18(E)	Financial sanctions	A court that imposes a financial sanction upon an offender may hold a hearing if necessary to determine whether the offender is able to pay the sanction or is likely + See more in the future to be able to pay it.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	No	N/A
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 1907.24(B)	Schedule of fees and costs	(a) The county court may determine that, for the efficient operation of the court, additional funds are necessary to acquire and pay for special projects of the court including, but + See more not limited to, the acquisition of additional facilities or the rehabilitation of existing facilities, the acquisition of equipment, the hiring and training of staff, community service programs, mediation or dispute resolution services, the employment of magistrates, the training and education of judges, acting judges, and magistrates, and other related services. Upon that determination, the court by rule may charge a fee, in addition to all other court costs, on the filing of each criminal cause, civil action or proceeding, or judgment by confession. (b) If the county court offers a special program or service in cases of a specific type, the county court by rule may assess an additional charge in a case of that type, over and above court costs, to cover the special program or service. The county court shall adjust the special assessment periodically, but not retroactively, so that the amount assessed in those cases does not exceed the actual cost of providing the service or program. (c) Any fee or charge assessed under division (B)(1)(a) or (b) of this section on the filing of a civil action or proceeding shall be waived if the court determines that the person on whom the fee or charge is assessed qualifies as an indigent litigant as set forth in section 2323.311 of the Revised Code.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Fee waiver
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2907.28(C)	Medical examination of victim; costs	Any cost incurred by a hospital or emergency medical facility in conducting a medical examination and test of any person who is charged with a violation of division (B) of + See more section 2903.11 or of section 2907.02, 2907.03, 2907.04, 2907.05, 2907.12, 2907.24, 2907.241, or 2907.25 of the Revised Code, with a violation of a municipal ordinance that is substantially equivalent to that division or any of those sections, or with a violation of a statute or municipal ordinance under which by force or threat of force the accused compelled the victim to engage in sexual activity, pursuant to division (B) of section 2907.27 of the Revised Code, shall be charged to and paid by the accused who undergoes the examination and test, unless the court determines that the accused is unable to pay, in which case the cost shall be charged to and paid by the municipal corporation in which the offense allegedly was committed, or charged to and paid by the county if the offense allegedly was committed within an unincorporated area.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Cost charged to and paid by the municipal corporation in which the offense allegedly was committed, or charged to and paid by the county if the offense allegedly was committed + See more within an unincorporated area.
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2929.024	Indigency; services of investigation; experts; payment	If the court determines that the defendant is indigent and that investigation services, experts, or other services are reasonably necessary for the proper representation of a defendant charged with aggravated + See more murder at trial or at the sentencing hearing, the court shall authorize the defendant's counsel to obtain the necessary services for the defendant, and shall order that payment of the fees and expenses for the necessary services be made in the same manner that payment for appointed counsel is made pursuant to Chapter 120. of the Revised Code. If the court determines that the necessary services had to be obtained prior to court authorization for payment of the fees and expenses for the necessary services, the court may, after the services have been obtained, authorize the defendant's counsel to obtain the necessary services and order that payment of the fees and expenses for the necessary services be made as provided in this section.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Court shall authorize the defendant's counsel to obtain the necessary services for the defendant, and shall order that payment of the fees and expenses for the necessary services be made + See more in the same manner that payment for appointed counsel is made
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2903.214(N)(1)	Protection orders and electronic monitoring; persons who may seek relief; ex parte	If the court orders electronic monitoring of the respondent under this section, the court shall direct the sheriff's office or any other appropriate law enforcement agency to install the electronic + See more monitoring device and to monitor the respondent. Unless the court determines that the respondent is indigent, the court shall order the respondent to pay the cost of the installation and monitoring of the electronic monitoring device. If the court determines that the respondent is indigent and subject to the maximum amount allowable to be paid in any year from the fund and the rules promulgated by the attorney general under division (N)(2) of this section, the cost of the installation and monitoring of the electronic monitoring device may be paid out of funds from the reparations fund created pursuant to section 2743.191 of the Revised Code. The total amount of costs for the installation and monitoring of electronic monitoring devices paid pursuant to this division and sections 2151.34 and 2919.27 of the Revised Code from the reparations fund shall not exceed three hundred thousand dollars per year.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Cost of the installation and monitoring of the electronic monitoring device may be paid out of funds from the reparations fund.
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2929.18(B)(1)	Financial sanctions; restitution; reimbursements	(B)(1) For a first, second, or third degree felony violation of any provision of Chapter 2925., 3719., or 4729. of the Revised Code, the sentencing court shall impose upon the + See more offender a mandatory fine of at least one-half of, but not more than, the maximum statutory fine amount authorized for the level of the offense pursuant to division (A)(3) of this section. If an offender alleges in an affidavit filed with the court prior to sentencing that the offender is indigent and unable to pay the mandatory fine and if the court determines the offender is an indigent person and is unable to pay the mandatory fine described in this division, the court shall not impose the mandatory fine upon the offender.	All	Indigent	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Court shall not impose the mandatory fine upon the offender.
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2929.38(A)	Establishment of policy requiring payment of reception fee, fee for medical or dental treatment, or fee for random drug test	. . . The fee for the medical treatment or service shall not exceed the actual cost of the treatment or service provided. No prisoner confined in the local detention + See more facility shall be denied any necessary medical care because of inability to pay the fees.	All	Not provided for	At enforcement of fine or fee	Not provided for	Administrative decision	No	Cannot be denied medicare care.

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