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. § 706-640(2)	Disposition of Criminal defendants: Authorized fines	The mandatory fines imposed by this subsection shall not be reduced except and only to the extent that payment of the fine prevents the defendant from making restitution to the + See more victim of the offense, or that the defendant's property, real or otherwise, has been forfeited under chapter 712A as a result of the same conviction for which the defendant is being fined under this subsection.	All	Not provided for	Not provided for	Not provided for	Not provided for	Yes	Fine reduced.
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-648	Probation services fee	(1) The court, when sentencing a defendant to probation or granting deferral of a plea under section 853-1, shall order the defendant to pay a probation services fee. The amount + See more of the fee shall be as follows:(a) $150, when the term of probation or period of deferral is for more than one year; or (b) $75, when the term of probation or period of deferral is for one year or less; provided that no fee shall be ordered when the court determines that the defendant is unable to pay the fee.	All	Not provided for	At enforcement of fine or fee	Not provided for	Not provided for	Yes	Fee not ordered.
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-646(3)	Victim restitution	(3) In ordering restitution, the court shall not consider the defendant's financial ability to make restitution in determining the amount of restitution to order. The court, however, shall consider the + See more defendant's financial ability to make restitution for the purpose of establishing the time and manner of payment. The court shall specify the time and manner in which restitution is to be paid. Restitution shall be a dollar amount that is sufficient to reimburse any victim fully for losses, including but not limited to:(a) Full value of stolen or damaged property, as determined by replacement costs of like property, or the actual or estimated cost of repair, if repair is possible; (b) Medical expenses; and (c) Funeral and burial expenses incurred as a result of the crime.	All	Not provided for	At enforcement of fine or fee	Not provided for	Determined by judge without hearing	No	Time and manner of payment may be ordered considering an individual's ability to pay.
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 846F-3	Internet crimes against children fee	(a) The court shall order every defendant to pay an internet crimes against children fee of up to $100 for each felony or misdemeanor conviction; provided that no fee shall + See more be ordered when the court determines that the defendant is unable to pay the fee. (b) When a defendant is also ordered to pay a fine, make restitution, pay a crime victim compensation fee, or pay other fees in addition to the internet crimes against children fee, payments by the defendant shall be made in the order of priority established under section 706-651. (c) The defendant shall pay the internet crimes against children fee to the clerk of the court. The fee shall be deposited with the director of finance who shall transmit the fee to the internet crimes against children special fund pursuant to section 846F-4.	All	Not provided for	Not provided for	Not provided for	Not provided for	Yes	Fee not ordered.
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-641	Criteria for imposing fines	(1) The court shall not sentence a defendant only to pay a fine, when any other disposition is authorized by law, except in misdemeanor and petty misdemeanor cases. (2) The court + See more shall not sentence a defendant to pay a fine in addition to a sentence of imprisonment or probation unless: (a) The defendant has derived a pecuniary gain from the crime; or (b) The court is of the opinion that a fine is specially adapted to the deterrence of the crime involved or to the correction of the defendant. (3) The court shall not sentence a defendant to pay a fine unless: (a) The defendant is or will be able to pay the fine; and (b) The fine will not prevent the defendant from making restitution to the victim of the offense. (4) 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 its payment will impose.	All	The financial resources of the defendant and the nature of the burden that its payment will impose.	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Court shall sentence defendant to pay a fine.
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 607-3	Court costs, waiver of prepayment, reduction or remission of	The judges of all the courts of the State shall have discretionary power to waive the prepayment of costs or to reduce or remit costs where, in special or extraordinary + See more cases, the cost of any suit, action, or proceeding may, to the judges, appear onerous.	All	Cost appears onerous.	Not provided for	Not provided for	Not provided for	No	Waive prepayment of costs.
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 802-7	Litigation expenses	The court may, upon a satisfactory showing that a criminal defendant is unable to pay for transcripts or witness fees and transportation, or for investigatory, expert or other services, and + See more upon a finding that the same are necessary for an adequate defense, direct that such expenses be paid from available court funds or waived, as the case may be; provided that where the defendant is represented by the state public defender or by other counsel appointed by the court except for such other counsel appointed by the court for reasons of conflict of interest on the part of the public defender, the public defender shall pay for or authorize payment for the same, if the public defender determines that the defendant is unable to pay for the same and that the same are necessary for an adequate defense, and if there is a dispute as to the financial ability of the defendant such dispute shall be resolved by the court. In cases where other counsel have been appointed by the court for reasons of conflict of interest, the court may, upon the requisite showing of inability to pay and a finding that such expenses are necessary for an adequate defense as set forth above, direct that such expenses be paid from available court funds or waived, as the case may be.	All	Not provided for	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	No	Fees paid from court funds or waived.
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-605(7)	Authorized disposition of convicted defendants	(7) The court shall order the defendant to make restitution for losses as provided in section 706-646. In ordering restitution, the court shall not consider the defendant's financial ability to + See more make restitution in determining the amount of restitution to order. The court, however, shall consider the defendant's financial ability to make restitution for the purpose of establishing the time and manner of payment.	All	Not provided for.	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Time and manner of payment ordered in consideration of ability to pay.
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-605(6)	Authorized disposition of convicted defendants	(6) The court shall impose a compensation fee upon every person convicted of a criminal offense pursuant to section 351-62.6; provided that the court shall waive the imposition of a + See more compensation fee if it finds that the defendant is unable to pay the compensation fee. When a defendant is ordered to make payments in addition to the compensation fee, payments by the defendant shall be made in the order of priority established in section 706-651.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Fee waiver.
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-650(5)	Drug demand reduction assessments; special fund	(5) If the court determines that the person has the ability to pay the monetary assessment and is eligible for probation or will not be sentenced to incarceration, unless otherwise required + See more by law, the court may order the person to undergo a substance abuse treatment program at the person’s expense. If the person undergoes a substance abuse treatment program at the person’s expense, the court may waive or reduce the amount of the monetary assessment. Upon a showing by the person that the person lacks the financial ability to pay all or part of the monetary assessment, the court may waive or reduce the amount of the monetary assessment.	All	Not provided for	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Waive or reduce amount of fee.
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. 853-1(b)	Deferred acceptance of guilty plea or nolo contendere plea; discharge and dismissal, expungement of records	(b) . . . the court shall impose a compensation fee pursuant to section 351-62.6 and a probation services fee pursuant to section 706-648 upon every defendant who has entered + See more a plea of guilty or nolo contendere to a petty misdemeanor, misdemeanor, or felony; provided that the court shall waive the imposition of a compensation or probation services fee, if it finds that the defendant is unable to pay the compensation or probation services fee. The court may defer the proceedings for a period of time as the court shall direct but in no case to exceed the maximum sentence allowable; provided that, if the defendant has entered a plea of guilty or nolo contendere to a petty misdemeanor, the court may defer the proceedings for a period not to exceed one year. The defendant may be subject to bail or recognizance at the court's discretion during the period during which the proceedings are deferred.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Fee waiver.
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 291D-9	Adjudication of Traffic Infractions: Monetary assessments	(d) The court may grant to a person claiming inability to pay, an extension of the period in which the monetary assessment shall be paid or may impose community service + See more in lieu thereof. If the assessment is not paid or the community service is not performed on or before the date established and the court has not extended the time, the court shall take action as provided in section 291D-10.	All	Not provided for	Not provided for	Not provided for	Determined by judge without hearing	No	Extension of time to pay or community service in lieu of payment.
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	Hawaii	Haw. Stat. Rev. § 706-603(1)	DNA analysis monetary assessment; DNA registry special fund	(1) In addition to any disposition authorized by chapter 706 or 853, every defendant convicted of a felony offense shall be ordered to pay a monetary assessment of $500 or the + See more actual cost of the DNA analysis, whichever is less. The court may reduce the monetary assessment if the court finds, based on evidence presented by the defendant and not rebutted by the State, that the defendant is not and will not be able to pay the full monetary assessment and, based on the finding, shall instead order the defendant to pay an assessment that the defendant will be able to pay within five years.	Felony	Not provided for	Not provided for	Not provided for	Not provided for	No	Reduced fee.
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 33-37-2-3	Indigency Hearing — Suspension of Costs — Default — Fees for Representation — Rights and Protections	(a) Except as provided in subsection (b), when the court imposes costs, it shall conduct a hearing to determine whether the convicted person is indigent. If the person is not + See more indigent, the court shall order the person to pay:(1) the entire amount of the costs at the time sentence is pronounced; (2) the entire amount of the costs at some later date; or (3) specified parts of the costs at designated intervals. (b) A court may impose costs and suspend payment of all or part of the costs until the convicted person has completed all or part of the sentence. If the court suspends payment of the costs, the court shall conduct a hearing at the time the costs are due to determine whether the convicted person is indigent. If the convicted person is not indigent, the court shall order the convicted person to pay the costs: (1) at the time the costs are due; or (2) in a manner set forth in subsection (a)(2) through (a)(3). ... (d) Upon any default in the payment of the costs: (1) an attorney representing the county may bring an action on a debt for the unpaid amount; (2) the court may direct that the person, if the person is not indigent, be committed to the county jail and credited toward payment at the rate of twenty dollars ($20) for each twenty-four (24) hour period the person is confined, until the amount paid plus the amount credited equals the entire amount due; or (3) the court may institute contempt proceedings to enforce the court's order for payment of the costs. (e) If, after a hearing under subsection (a) or (b), the court determines that a convicted person is able to pay part of the costs of representation, the court shall order the person to pay an amount of not more than the cost of the defense services rendered on behalf of the person. The clerk shall deposit the amount paid by a convicted person under this subsection in the county’s supplemental public defender services fund established under IC 33-40-3-1.	All	Indigency.	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	The court may suspend the costs.
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 35-33-8-3.3 (b)	Pretrial Services Fees	(b) If a defendant who has a prior unrelated conviction for any offense is charged with a new offense and placed under the supervision of a probation officer or pretrial + See more services agency, the court may order the defendant to pay the pretrial services fee prescribed under subsection (e) if: (1) the defendant has the financial ability to pay the fee; and (2) the court finds by clear and convincing evidence that supervision by a probation officer or pretrial services agency is necessary to ensure the: (A) defendant's appearance in court; or (B) physical safety of the community or of another person.	All	"Defendant has the financial ability to pay the fee."	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	Not provided for
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 35-33-7-6 (a);(c)	Determination of Indigency — Assignment of Counsel — Payment of Fees — Review of Findings	(a) Prior to the completion of the initial hearing, the judicial officer shall determine whether a person who requests assigned counsel is indigent. If the person is found to be indigent, + See more the judicial officer shall assign counsel to the person. ... (c) If the court finds that the person is able to pay part of the cost of representation by the assigned counsel, the court shall order the person to pay the following:(1) For a felony action, a fee of one hundred dollars ($100). (2) For a misdemeanor action, a fee of fifty dollars ($50). The clerk of the court shall deposit fees collected under this subsection in the county's supplemental public defender services fund established under Ind. Code § 33-40-3-1 .	All	Indigency.	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	The individual may be assigned counsel.
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 9-30-9-8	Alcohol Abuse Deterrent Program Fee or Medical Fee	(a) The court shall order a defendant participating in a program under this chapter to pay an alcohol abuse deterrent program fee or a medical fee, or both, unless the + See more court determines that the defendant is indigent.	Felony	"Indigent."	Before imposition of fine or fee	Not provided for	Not provided for	No	Not provided for
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 33-37-3-3 (c);(d)	Actions Commenced by Person Confined by Department of Corrections	(c) If the offender claims exceptional circumstances that render the offender unable to pay the partial filing fee required by this section, in addition to the statement required by section 2 + See more of this chapter and the statement of account required by subsection (a), the offender shall submit an affidavit of special circumstances setting forth the reasons and circumstances that justify relief from the partial filing fee requirement; (d) If the court approves the application to waive all fees, the court shall give written notice to the offender that all fees and costs relating to the filing and service will be waived. If the court denies the application to waive all fees, the court shall give written notice to the offender that the offender’s case will be dismissed if the partial filing fee is not paid not later than forty-five (45) days after the date of the order, or within an additional period that the court may, upon request, allow. Process concerning the offender’s case may not be served until the fee is paid.	All	"The offender claims exceptional circumstances."	Not provided for	Burden on defendant to show inability to pay	Not provided for	No	The court may award a partial filing fee or may waive all fees.
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 33-37-3-2 (a)(1)	Right to Bring Action Without Paying Fees	(a) Except as provided in subsection (b), a person entitled to bring a civil action or to petition for the appointment of a guardian under IC 29-3-5 may do so without + See more paying the required fees or other court costs if the person files a statement in court, under oath and in writing: (1) declaring that the person is unable to make the payments or to give security for the payments because of the person’s indigency.	All	"The person is unable to make the payments or to give security for the payments because of the person’s indigency."	Not provided for	Burden on defendant to show inability to pay	Not provided for	No	Not provided for

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