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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Idaho Idaho Code § 31-3204 Victim Notification -- Fee

The court shall charge a fee of fifteen dollars ($ 15.00) for victim notification purposes to be paid by each person found guilty of each felony, misdemeanor or infraction under section

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18-8001 or 49-301, Idaho Code, or first-time infraction under section 23-604 or 23-949, Idaho Code, except when the court orders such fee waived because the person is indigent and unable to pay such fee. Such fee shall be in addition to all other fines and fees levied. Such fee shall be paid to the county treasurer who shall, within five (5) days after the end of the month, pay such fees to the state treasurer for deposit in the state victim notification fund established in section 67-2912, Idaho Code.

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"Person is indigent and unable to pay such fee."

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

The court may order such fee waived.

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Idaho Idaho Code § 31-3201E Drug Court and Mental Health Court Fee -- Drug Court and Mental Health Court Fund

Each person admitted into a drug court or mental health court shall pay a drug court and mental health court fee in an amount not to exceed three hundred dollars

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($ 300) per month or a lesser amount as set by the administrative district judge for participants in the drug court and mental health court. For good cause, the judge presiding over a drug court or mental health court may exempt a participant from paying all or a portion of the drug court and mental health court fee. The fee imposed under this section shall be paid to the clerk of the district court for deposit into the county drug court and mental health court fund which is hereby created in each county that has a drug court or mental health court. Moneys in this fund may be accumulated from year to year and shall be expended exclusively for expenses incurred in connection with the drug court or mental health court including, but not limited to, substance abuse treatment, mental health treatment, drug testing, supervision and private counseling services utilized by the drug court or mental health court. Any failure to pay the drug court and mental health court fee may constitute grounds for termination from drug court or mental health court by the court, provided this shall not be the exclusive remedy for collection of the fee. If a participant is terminated from the drug court or mental health court prior to successful completion of the program and a judgment of conviction is entered against the defendant, any unpaid drug court and mental health court fee shall be ordered by the court in the judgment of conviction, provided the court may order such fee to be waived if the court determines that the person is indigent and unable to pay the fee. Such fee shall be in addition to all other fines and fees levied, and the payment of such fee may also be ordered as a term and condition of probation.

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"The person is indigent and unable to pay the fee."

At enforcement of fine or fee Not provided for Determined by judge after hearing No

The court may order such fee to be waived.

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Idaho Idaho Code § 31-3201C Community Service Fee

The court shall charge a fee of sixty cents (60 cent(s) ) per hour of community service to be remitted to the state insurance fund for purposes of providing worker's

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compensation insurance for persons performing community service; however, if a county is self-insured and provides worker's compensation insurance for persons performing community service, then remittance to the state insurance fund is not required. This per hour fee shall be paid by each person found guilty of any felony or misdemeanor and community service is provided as part of the sanction or as a condition of a withheld judgment or probation. The court may waive such fee if it determines the person is indigent and unable to pay such fee. Such fees shall be in addition to all other fines and fees levied. Such fees shall be paid to the district court and deposited in the county treasury for payment to the state insurance fund.

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"The person is indigent and unable to pay such fee."

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

The court may waive such fee.

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Idaho Idaho Code § 31-3201A(2) Court Fees

Felonies and misdemeanors. A fee of seventeen dollars and fifty cents ($ 17.50) shall be paid, but not in advance, by each person found guilty of any felony or misdemeanor,

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except when the court orders such fee waived because the person is indigent and unable to pay such fee. Eleven dollars ($ 11.00) of such fee shall be paid to the county treasurer for deposit in the district court fund of the county, with six dollars ($ 6.00) of such eleven dollars ($ 11.00) dedicated to provide for the suitable and adequate quarters of the magistrate's division of the district court, including the facilities and equipment necessary to make the space provided functional for its intended use, and shall provide for the staff personnel, supplies and other expenses of the magistrate's division; one dollar ($ 1.00) of such filing fee shall be paid to the peace officers standards and training fund established in section 19-5116, Idaho Code; and five dollars and fifty cents ($ 5.50) of such fee shall be paid to the county treasurer who shall pay such fees to the state treasurer for deposit in accordance with subsection (15) of this section.

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"The person is indigent and unable to pay such fee."

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

The court may order such fee waived.

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Idaho Idaho Code § 19-5304(7) Restitution for Crime Victims -- Orders to be Separate -- When Restitution is Not Appropriate -- Other Remedies -- Evidentiary Hearings -- Definitions

The court, in determining whether to order restitution and the amount of such restitution, shall consider the amount of economic loss sustained by the victim as a result of the

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offense, the financial resources, needs and earning ability of the defendant, and such other factors as the court deems appropriate. The immediate inability to pay restitution by a defendant shall not be, in and of itself, a reason to not order restitution.

All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes Not provided for
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Idaho Idaho Code § 31-3220(1)(d);(2);(3) Inability to Pay Fees -- Definitions -- Affidavit

(1) (d)  "Indigent" means a person who is not a prisoner, as defined in section 31-3220A, Idaho Code, and who is found by the court to be unable to pay fees, costs or

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give security for the purpose of prepayment of fees, costs or security in a civil action;   (2) The court may authorize the commencement or defense of any action without prepayment of fees, costs or security, by any indigent person not a prisoner, providing: (a) The person files an affidavit that he is indigent as provided in subsection (3) of this section, and unable to pay fees, costs or give security; and (b) The court finds, after informal inquiry, that the person is indigent for the purpose of prepayment of fees, costs or security;   (3) The affidavit shall contain complete information as to: (a) The person's identity; (b) The nature and amount of his income; (c) His spouse's income; (d) The real and personal property owned; (e) His cash or checking accounts; (f) His dependents; (g) His debts; (h) His monthly expenses; (i) The nature of the action; (j) The affiant’s belief that he is entitled to redress. The affidavit shall also contain the following statements: "I am unable to pay the court costs. I verify that the statements made in this affidavit are true and correct." The affidavit shall be sworn as required by law. 

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"'Indigent' means a person who is not a prisoner, as defined in section 31-3220A, Idaho Code, and who is found by the court to be unable to pay fees, costs or

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give security for the purpose of prepayment of fees, costs or security in a civil action."

At defendant's request before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing No

No prepayment of fees, costs or security required.

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Idaho Idaho Code § 31-3220A(2);(7) Prisoner Payment of Fees at Time of Filing of Action -- Partial Payment of Fees -- Dismissal of Action

(2)  A prisoner who seeks to file an action with partial payment of court fees required in sections 31-3201 and 31-3201A, Idaho Code, shall file the following at the time of filing of an

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action: (a)  A motion to proceed on partial payment of court fees under this section; (b)  An affidavit of inability to pay all court fees at the time of filing the action, containing complete information as to: (i)  The prisoner's identity; (ii)  The nature and amount of the prisoner's income; (iii)  The prisoner's spouse's income; (iv)  The real and personal property owned; (v)  His cash or checking accounts; (vi)  His dependents; (vii)  His debts; (viii)  His monthly expenses; (ix)  The nature of the action; (x)  The affiant's belief that he is entitled to redress; The affidavit shall also contain the following statements: "I am unable to pay all court costs at the time of filing the action. I verify that the statements made in this affidavit are true and correct." The affidavit shall be sworn as required by law;  (7)  In no event shall a prisoner be prohibited from bringing an action for the reason that the prisoner has no assets and no means by which to pay the initial partial filing fee.

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"Inability to pay all court fees at the time of filing the action."

At defendant's request before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge without hearing No

Partial prepayment of fees, costs or security and the imposition of a monthly payment plan.

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Idaho Idaho Code § 19-854 Determination of Indigency -- Factors Considered -- Partial Payment by Accused -- Reimbursement

(1) The determination of whether a person covered under section 19-852, Idaho Code, is an indigent person shall be deferred until his first appearance in court or in a suit

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for payment or reimbursement under section 19-858, Idaho Code, whichever occurs earlier. Thereafter, the court concerned shall determine, with respect to each proceeding, whether he is an indigent person;    (2) The court concerned shall presume that the following persons are indigent persons unless such a determination is contrary to the interests of justice: (a) Persons whose current monthly income does not exceed one hundred eighty-seven percent (187%) of the federal poverty guidelines issued annually by the federal department of health and human services; (b) Persons who receive, or whose dependents receive, public assistance pursuant to title 56, Idaho Code, in the form of food assistance, health coverage, cash assistance or child care assistance; or (c) Persons who are currently serving a sentence in a correctional facility or are being housed in a mental health facility;    (3) The court concerned may determine that persons other than those described in subsection (2) of this section are indigent persons. In determining whether a person is an indigent person and in determining the extent of his inability to pay, the court concerned may consider such factors as income, property owned, outstanding obligations, the number and ages of his dependents and the cost of bail. Participation in the Idaho health insurance exchange shall not result in the presumption of indigence;    (4) Release on bail does not necessarily prevent a person from being an indigent person;    (5) In each case, the person shall, subject to the penalties for perjury, certify in writing or by other record such material factors relating to his ability to pay as the court prescribes by rule. No information provided by a person pursuant to this subsection may be used as substantive evidence in any criminal or civil proceeding against the person except: (a) For impeachment purposes; (b) In a prosecution for perjury or contempt committed in providing the information; or (c) In an attempt to enforce an obligation to reimburse the state for the cost of counsel;    (6) To the extent that a person covered under section 19-852, Idaho Code, is able to provide for an attorney, the other necessary services and facilities of representation, and court costs, the court may order him to provide for their payment;    (7) Upon conviction, notwithstanding the form of judgment or withheld judgment, plea of guilty or finding of guilt for any crime regardless of the original crime or number of counts, an indigent person who receives the services of an attorney provided by the county may be required by the court to reimburse the county for all or a portion of the cost of those services related to the conviction, plea of guilty or finding of guilt, unless the requirement would impose a manifest hardship on the indigent person. The current inability of the indigent person to pay the reimbursement shall not, in and of itself, restrict the court from ordering reimbursement.

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"The court concerned shall presume that the following persons are indigent persons unless such a determination is contrary to the interests of justice: (a) Persons whose current monthly income does

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not exceed one hundred eighty-seven percent (187%) of the federal poverty guidelines issued annually by the federal department of health and human services; (b) Persons who receive, or whose dependents receive, public assistance pursuant to title 56, Idaho Code, in the form of food assistance, health coverage, cash assistance or child care assistance; or (c) Persons who are currently serving a sentence in a correctional facility or are being housed in a mental health facility."

Before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing No Not provided for
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Idaho Idaho Code § 19-5304(7) Restitution for Crime Victims -- Orders to be Separate -- When restitution is not Appropriate -- Other Remedies -- Evidentiary Hearings -- Definitions

The court, in determining whether to order restitution and the amount of such restitution, shall consider the amount of economic loss sustained by the victim as a result of the

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offense, the financial resources, needs and earning ability of the defendant, and such other factors as the court deems appropriate. The immediate inability to pay restitution by a defendant shall not be, in and of itself, a reason to not order restitution.

All Not provided for Before imposition of fine or fee Not provided for Not provided for No Not provided for
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Idaho Idaho Code § 16-2431 Cost of Involuntary Treatment Proceedings

All costs associated with the involuntary treatment proceedings, including usual and customary fees of designated examiners, transportation costs and all medical, psychiatric and hospital costs, shall be the responsibility of

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the parents of the child according to their ability to pay, based on the sliding fee scale established under section 16-2433, Idaho Code, or, if indigent, the county of such child's residence after all personal, family and third party resources including medical assistance as authorized by title XIX of the social security act, as amended, are considered. The department shall assume responsibility for usual and customary treatment costs when the order for involuntary treatment is signed until the involuntary person is discharged and after all personal, family and third party resources are considered in accordance with section 66-354, Idaho Code. For the purposes of this section, "usual and customary treatment costs" includes room and board; support services rendered at a facility of the department; routine physical, medical, psychological and psychiatric examination and testing; and group and individual therapy, psychiatric treatment, medication and medical care which can be provided at a facility of the department or approved by the department. The term "usual and customary treatment costs" shall not include witness fees and expenses for court appearances. Counties shall have no responsibility for costs of voluntary treatment of children under this chapter. Counties shall have no responsibility to pay for the cost of involuntary treatment of children after the court order is signed. This section does not affect the right of any child to receive free mental health or developmental disability services under any publicly supported program or the right of any parent to reimbursement from, or payment on the child's behalf by, any publicly supported program or private insurer.

All Not provided for Before imposition of fine or fee Not provided for Not provided for No Not provided for
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Idaho Idaho Code § 20-225 Payment for Cost of Supervision

Any person under state probation or parole supervision shall be required to contribute not more than seventy-five dollars ($ 75.00) per month as determined by the board of correction. Costs

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of supervision are the direct and indirect costs incurred by the department of correction to supervise probationers and parolees, including tests to determine drug and alcohol use, books and written materials to support rehabilitation efforts, and monitoring of physical location through the use of technology. Any failure to pay such contribution shall constitute grounds for the revocation of probation by the court or the revocation of parole by the commission for pardons and parole. The division of probation and parole in the department of correction may exempt a person from the payment of all or any part of the foregoing contribution if it finds any of the following factors to exist: (1)  The offender has diligently attempted but been unable to obtain employment. (2)  The offender has a disability affecting employment, as determined by a physical, psychological or psychiatric examination acceptable to the division of probation and parole.

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The  court determines whether " the offender has diligently attempted but been unable to obtain employment [or whether] the offender has a disability affecting employment, as determined by a physical,

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psychological or psychiatric examination acceptable to the division of probation and parole."

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

The division of probation and parole in the department of correction may exempt a person from the payment of all or any part of the foregoing contribution.

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Idaho Idaho Code § 20-619(1);(3) Fee for Medical Service

(1)  County sheriff departments administering county jails may charge a nominal fee of twenty dollars ($ 20.00) to any nonindigent inmate who has sufficient funds in his commissary or personal account

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for the purpose of seeing the jail provided doctor or nurse for a medical complaint. In the event that an inmate is indigent, such service shall be provided by the county at no cost;   (3)  A "nonindigent" inmate, for purposes of this section, is an inmate who has money in his commissary or personal account normally used for the purchase of personal items for the inmate.

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"A "nonindigent" inmate, for purposes of this section, is an inmate who has money in his commissary or personal account normally used for the purchase of personal items for the

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inmate."

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

"Such service shall be provided by the county at no cost."

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Idaho Idaho Code § 19-5307 Fines in Cases of Crimes of Violence

Irrespective of any penalties set forth under state law, and in addition thereto, the court, at the time of sentencing or such later date as deemed necessary by the court,

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may impose a fine not to exceed five thousand dollars ($ 5,000) against any defendant found guilty of any felony listed in subsections (2) and (3) of this section. ... The fine contemplated in this section shall be ordered solely as a punitive measure against the defendant and shall not be based upon any requirement of showing of need by the victim. The fine shall not be used as a substitute for an order of restitution as contemplated in section 19-5304, Idaho Code, nor shall such an order of restitution or order of compensation entered in accordance with section 72-1018, Idaho Code, be offset by the entry of such fine.

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Does not consider an individual's ability to pay.

Before imposition of fine or fee Not provided for Not provided for No Not provided for
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Idaho Idaho Code § 19-4904 Inability to Pay Costs

If the applicant is unable to pay court costs and expenses of representation, including stenographic, printing, witness fees and expenses, and legal services, these costs and expenses, and a court-appointed attorney may be made

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available to the applicant in the preparation of the application, in the trial court, and on appeal, and paid, on order of the district court, by the county in which the application is filed.

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"Unable to pay court costs and expenses of representation."

At enforcement of fine or fee Not provided for Not provided for No

"These costs and expenses, and a court-appointed attorney may be made available to the applicant."

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Idaho Idaho Code § 31-3201J(1);(5) Pretrial Supervision Fee

(1)  Any person under a supervised pretrial release program may be required to pay an amount not more than the maximum monthly misdemeanor probation supervision fee set forth in section 31-3201D, Idaho Code, per

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month, or such lesser sum as determined by the administrative judge of the judicial district, as a pretrial release supervision fee to cover the actual costs of supervising the defendant while in the supervised pretrial release program;    (5)  Based on a finding of indigence or other good cause, the court may exempt the defendant from the payment of all or any part of the fees authorized by this section, and no defendant shall be denied release or denied participation in a supervised pretrial release program because of an inability to pay the fees authorized by this section. Any unpaid pretrial services fee shall be considered a debt owed to the court and may be collected in the manner provided by law for the collection of such debts.

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"Indigence or other good cause."

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

"The court may exempt the defendant from the payment of all or any part of the fees authorized by this section."

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North Dakota N.D. Cent. Code § 12.1-32-05(1) Imposition of fine--Response to nonpayment
1. The court, in making a determination of the propriety of imposing a sentence to pay a fine, shall consider the following factors:a. The ability of the defendant to pay
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without undue hardship. b. Whether the defendant, other than a defendant organization, gained money or property as a result of commission. c. Whether the sentence to pay a fine will interfere with the defendant's capacity to make restitution. d. Whether a sentence to pay a fine will serve a valid rehabilitative purpose.
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ability of the defendant to pay without undue hardship

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

fine not imposed

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North Dakota N.D. Cent. Code § 12.1-32-08(1) Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation
Before imposing restitution or reparation as a sentence or condition of probation, the court shall hold a hearing on the matter with notice to the prosecuting attorney and to the
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defendant as to the nature and amount of restitution. The court, when sentencing a person adjudged guilty of criminal activities that have resulted in pecuniary damages, in addition to any other sentence the court may impose, shall order that the defendant make restitution to the victim or other recipient as determined by the court, unless the court states on the record, based upon the criteria in this subsection, the reason it does not order restitution or orders only partial restitution. Restitution must include payment to the owner of real property that is contaminated by the defendant in the manufacturing of methamphetamine for the cost of removing the contamination and returning the property to the property's condition before contamination and to any other person that has incurred costs in decontaminating the property. In determining whether to order restitution, the court shall take into account: a. The reasonable damages sustained by the victim or victims of the criminal offense, which damages are limited to those directly related to the criminal offense and expenses actually incurred as a direct result of the defendant's criminal action. This can include an amount equal to the cost of necessary and related professional services and devices relating to physical, psychiatric, and psychological care. The defendant may be required as part of the sentence imposed by the court to pay the prescribed treatment costs for a victim of a sexual offense as defined in chapters 12.1-20 and 12.1-27.2. b. The ability of the defendant to restore the fruits of the criminal action or to pay monetary reparations, or to otherwise take action to restore the victim's property. c. The likelihood that attaching a condition relating to restitution or reparation will serve a valid rehabilitational purpose in the case of the particular offender considered.The court shall fix the amount of restitution or reparation, which may not exceed an amount the defendant can or will be able to pay, and shall fix the manner of performance of any condition or conditions of probation established pursuant to this subsection. The court shall order restitution be paid to the division of adult services for any benefits the division has paid or may pay under chapter 54-23.4 unless the court, on the record, directs otherwise. Any payments made pursuant to the order must be deducted from damages awarded in a civil action arising from the same incident. An order that a defendant make restitution or reparation as a sentence or condition of probation may, unless the court directs otherwise, be filed, transcribed, and enforced by the person entitled to the restitution or reparation or by the division of adult services in the same manner as civil judgments rendered by the courts of this state may be enforced.
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes Not provided for
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North Dakota N.D. Cent. Code § 12.1-32-08(5) Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation
If the court finds that the defendant is unable to pay a fine, supervision fee, reimbursement for indigent defense costs and expenses, or restitution or reparations, the court may order
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the defendant to perform reasonable assigned work in lieu of all or part of a fine, a supervision fee, reimbursement for indigent defense costs and expenses, or restitution or reparations. The defendant may not perform reasonable assigned work in lieu of restitution or reparations unless the person entitled to restitution or reparations has consented in writing or on the record.
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

reasonable assigned work in lieu of all or part of paynment

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North Dakota N.D. Cent. Code § 29-26-22.2 Authority to compromise judgment by county commissioners
The board of county commissioners has authority to compromise and settle any judgment for fines or costs payable to the county treasury after a lapse of two years from the
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filing thereof, if in the opinion of said board said judgment cannot be collected in full. Upon receipt of a certified copy of the board's action, the state's attorney of said county shall in accordance therewith make and file a partial or total satisfaction of said judgment as attorney for the county.
All Not provided for Not provided for Not provided for Administrative decision No Not provided for
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North Dakota N.D. Cent. Code § 29-26-22(4) Judgment for fines--Court administration fee--Community service supervision fee--Special funds--Docketing and enforcement
A court may waive the administration fee or community service supervision fee upon a showing of indigency as provided in section 25-03.1-13. District court administration fees, exclusive of amounts deposited
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in the indigent defense administration fund and the court facilities and improvement fund, and forfeitures must be deposited in the state general fund. A judgment that the defendant pay a fine or fees, or both, may be docketed and if docketed constitutes a lien upon the real estate of the defendant in like manner as a judgment for money rendered in a civil action. The court may allow the defendant to pay any assessed administration fee or community service supervision fee in installments. When a defendant is assessed administration fees or a community service supervision fee, the court may not impose at the same time an alternative sentence to be served if the fees are not paid.
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The statute refers to N.D. Cent. Code § 25-03.1-13(4), which contains a general provision about indigency: "If the court determines that the respondent is indigent, the court shall order that

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appointed counsel be compensated from county funds of the county that is the respondent's place of residence in a reasonable amount based upon time and expenses. After notice and hearing, the court may order a respondent with appointed counsel to reimburse the county for expenditures made on the respondent's behalf."

Not provided for Not provided for Not provided for No

Court may waive the administration fee or community service supervision fee.