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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.
7 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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Illinois | 730 Ill. Comp. Stat. 5/5-6-3(i) | Conditions of probation and of conditional discharge |
(i) The court shall impose upon an offender sentenced to probation after January 1, 1989 or to conditional discharge after January 1, 1992 or to community service under the supervision of a probation or court services department after January 1, 2004, as a condition of such probation or conditional discharge or supervised community service, a fee of $50 for each month of probation or conditional discharge supervision or supervised community service ordered by the court, unless after determining the inability of the person sentenced to probation or conditional discharge or supervised community service to pay the fee, the court assesses a lesser fee. The court may not impose the fee on a minor who is placed in the guardianship or custody of the Department of Children and Family Services under the Juvenile Court Act of 1987 while the minor is in placement. The fee shall be imposed only upon an offender who is actively supervised by the probation and court services department. The fee shall be collected by the clerk of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer for deposit in the probation and court services fund under Section 15.1 of the Probation and Probation Officers Act [730 ILCS 110/15.1]. A circuit court may not impose a probation fee under this subsection (i) in excess of $25 per month unless the circuit court has adopted, by administrative order issued by the chief judge, a standard probation fee guide determining an offender’s ability to pay Of the amount collected as a probation fee, up to $5 of that fee collected per month may be used to provide services to crime victims and their families. The Court may only waive probation fees based on an offender’s ability to pay. The probation department may re-evaluate an offender’s ability to pay every 6 months, and, with the approval of the Director of Court Services or the Chief Probation Officer, adjust the monthly fee amount. An offender may elect to pay probation fees due in a lump sum. Any offender that has been assigned to the supervision of a probation department, or has been transferred either under subsection (h) of this Section or under any interstate compact, shall be required to pay probation fees to the department supervising the offender, based on the offender’s ability to pay. Public Act 93-970 deletes the $10 increase in the fee under this subsection that was imposed by Public Act 93-616. This deletion is intended to control over any other Act of the 93rd General Assembly that retains or incorporates that fee increase.
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All |
Not provided for |
At enforcement of fine or fee | Not provided for | Administrative decision | No |
Waive or reduce fee. |
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Illinois | 730 Ill. Comp. Stat. 5/5-6(i-5) | Conditions of probation and of conditional discharge |
In addition to the fees imposed under subsection (i) of this Section, in the case of an offender convicted of a felony sex offense (as defined in the Sex Offender Management Board Act) or an offense that the court or probation department has determined to be sexually motivated (as defined in the Sex Offender Management Board Act), the court or the probation department shall assess additional fees to pay for all costs of treatment, assessment, evaluation for risk and treatment, and monitoring the offender, based on that offender’s ability to pay those costs either as they occur or under a payment plan.
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Felony, Misdemeanor |
Not provided for |
Not provided for | Not provided for | Administrative decision | Yes |
Payment plan |
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Illinois | 625 Ill. Comp. Stat. 5/6-206.1(c-5) | Monitoring Device Driving Permit |
If the Secretary determines that the person seeking the MDDP is indigent, the Secretary shall provide the person with a written document as evidence of that determination, and the person shall provide that written document to an ignition interlock device provider. The provider shall install an ignition interlock device on that person’s vehicle without charge to the person, and seek reimbursement from the Indigent BAIID Fund. If the Secretary has deemed an offender indigent, the BAIID provider shall also provide the normal monthly monitoring services and the de-installation without charge to the offender and seek reimbursement from the Indigent BAIID Fund. Any other monetary charges, such as a lockout fee or reset fee, shall be the responsibility of the MDDP holder. A BAIID provider may not seek a security deposit from the Indigent BAIID Fund.
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Traffic |
Indigent |
Not provided for | Not provided for | Administrative decision | Yes |
Reimbursement by providers/providers installs ignition interlock device free of charge |
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Illinois | 725 Ill. Comp. Stat. 207/90(a) | Sexually Violent Persons Commitment Act: Committed persons ability to pay for services |
Each person committed or detained under this Act who receives services provided directly or funded by the Department and the estate of that person is liable for the payment of sums representing charges for services to the person at a rate to be determined by the Department. Services charges against that person take effect on the date of admission or the effective date of this Section. The Department in its rules may establish a maximum rate for the cost of services. In the case of any person who has received residential services from the Department, whether directly from the Department or through a public or private agency or entity funded by the Department, the liability shall be the same regardless of the source of services. When the person is placed in a facility outside the Department, the facility shall collect reimbursement from the person. The Department may supplement the contribution of the person to private facilities after all other sources of income have been utilized; however the supplement shall not exceed the allowable rate under Title XVIII or Title XIX of the Federal Social Security Act [42 U.S.C. § 1395 et seq. or 42 U.S.C. § 1396 et seq.] for those persons eligible for those respective programs. The Department may pay the actual costs of services or maintenance in the facility and may collect reimbursement for the entire amount paid from the person or an amount not to exceed the maximum. Lesser or greater amounts may be accepted by the Department when conditions warrant that action or when offered by persons not liable under this Act. Nothing in this Section shall preclude the Department from applying federal benefits that are specifically provided for the care and treatment of a person with a disability toward the cost of care provided by a State facility or private agency. The Department may investigate the financial condition of each person committed under this Act, may make determinations of the ability of each such person to pay sums representing services charges, and for those purposes may set a standard as a basis of judgment of ability to pay. The Department shall by rule make provisions for unusual and exceptional circumstances in the application of that standard. The Department may issue to any person liable under this Act a statement of amount due as treatment charges requiring him or her to pay monthly, quarterly, or otherwise as may be arranged, an amount not exceeding that required under this Act, plus fees to which the Department may be entitled under this Act [725 ILCS 207/90].
(a) Whenever an individual is covered, in part or in whole, under any type of insurance arrangement, private or public, for services provided by the Department, the proceeds from the insurance shall be considered as part of the individual’s ability to pay notwithstanding that the insurance contract was entered into by a person other than the individual or that the premiums for the insurance were paid for by a person other than the individual. |
Misdemeanor, Felony |
Not provided for |
Before imposition of fine or fee | Not provided for | Administrative decision | No |
Not provided for |
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Illinois | 740 Ill. Comp. Stat. 5/3-14-3(5) | Parole Services |
To assist parolees or releasees, the Department shall provide employment counseling and job placement services, and may in addition to other services provide the following: (5) referral services to any other State or local agencies. The Department may purchase necessary services for a parolee or releasee if they are otherwise unavailable and the parolee or releasee is unable to pay for them. It may assess all or part of the costs of such services to a parolee or releasee in accordance with his ability to pay for them.
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All |
Not provided for |
Not provided for | Not provided for | Administrative decision | No |
Department purchases all or part of parolee's services. |
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Illinois | 730 Ill. Comp. Stat. 5/5-8A-6 | Electronic monitoring of certain sex offenders |
For a sexual predator subject to electronic monitoring under paragraph (7.7) of subsection (a) of Section 3-3-7 [730 ILCS 5/3-3-7], the Department of Corrections must use a system that actively monitors and identifies the offender’s current location and timely reports or records the offender’s presence and that alerts the Department of the offender’s presence within a prohibited area described in Section 11-9.3 of the Criminal Code of 2012 [720 ILCS 5/11-9.3], in a court order, or as a condition of the offender’s parole, mandatory supervised release, or extended mandatory supervised release and the offender’s departure from specified geographic limitations. To the extent that he or she is able to do so, which the Department of Corrections by rule shall determine, the offender must pay for the cost of the electronic monitoring.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Administrative decision | No |
Not provided for |
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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 facility shall be denied any necessary medical care because of inability to pay the fees.
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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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