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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Illinois 730 Ill. Comp. Stat. 5/5-5-6(f) Conviction Dispositions: Restitution

Taking into consideration the ability of the defendant to pay, including any real or personal property or any other assets of the defendant, the court shall determine whether restitution shall

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be paid in a single payment or in installments, and shall fix a period of time not in excess of 5 years, except for violations of Sections 16-1.3 and 17-56 of the Criminal Code of 1961 or the Criminal Code of 2012 [720 ILCS 5/16-1.3 and 720 ILCS 5/17-56], or the period of time specified in subsection (f-1), not including periods of incarceration, within which payment of restitution is to be paid in full. Complete restitution shall be paid in as short a time period as possible. However, if the court deems it necessary and in the best interest of the victim, the court may extend beyond 5 years the period of time within which the payment of restitution is to be paid. If the defendant is ordered to pay restitution and the court orders that restitution is to be paid over a period greater than 6 months, the court shall order that the defendant make monthly payments; the court may waive this requirement of monthly payments only if there is a specific finding of good cause for waiver.

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Not provided for

Before imposition of fine or fee Not provided for Determined by judge without hearing No

Payment plan not to exceed 5 years.

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Illinois 730 Ill. Comp. Stat. 5/5-6-3(g) Conditions of Probation and of Conditional Discharge

An offender sentenced to probation or to conditional discharge and who during the term of either undergoes mandatory drug or alcohol testing, or both, or is assigned to be placed

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on an approved electronic monitoring device, shall be ordered to pay all costs incidental to such mandatory drug or alcohol testing, or both, and all costs incidental to such approved electronic monitoring in accordance with the defendant’s ability to pay those costs. The county board with the concurrence of the Chief Judge of the judicial circuit in which the county is located shall establish reasonable fees for the cost of maintenance, testing, and incidental expenses related to the mandatory drug or alcohol testing, or both, and all costs incidental to approved electronic monitoring, involved in a successful probation program for the county. The concurrence of the Chief Judge shall be in the form of an administrative order. The fees shall be collected by the clerk of the circuit court, except as provided in an administrative order of the Chief Judge of the circuit court. The clerk of the circuit court shall pay all moneys collected from these fees to the county treasurer who shall use the moneys collected to defray the costs of drug testing, alcohol testing, and electronic monitoring. The county treasurer shall deposit the fees collected in the county working cash fund under Section 6-27001 or Section 6-29002 of the Counties Code [55 ILCS 5/6-27001 or 55 ILCS 5/1-29002], as the case may be. The Chief Judge of the circuit court of the county may by administrative order establish a program for electronic monitoring of offenders, in which a vendor supplies and monitors the operation of the electronic monitoring device, and collects the fees on behalf of the county. The program shall include provisions for indigent offenders and the collection of unpaid fees. The program shall not unduly burden the offender and shall be subject to review by the Chief Judge.

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Not provided for

Before imposition of fine or fee Not provided for Determined by judge without hearing Yes

Not specified

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Illinois 730 Ill. Comp. Stat. 5/5-9-1.9(b) DUI analysis fee

When a person has been adjudged guilty of an offense in violation of Section 11-501 of the Illinois Vehicle Code, in addition to any other disposition, penalty, or fine imposed,

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a crime laboratory DUI analysis fee of $150 for each offense for which the person was convicted shall be levied by the court for each case in which a laboratory analysis occurred. Upon verified petition of the person, the court may suspend payment of all or part of the fee if it finds that the person does not have the ability to pay the fee.

Traffic Not provided for Before imposition of fine or fee Not provided for Determined by judge without hearing No

Suspend all or part of fee.

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Illinois 720 Ill. Comp. Stat. 550/10.1(b)(1) Cannabis Control Act: Fines

(b) In determining whether to impose a fine under this Section and the amount, time for payment and method of payment of any fine so imposed, the court shall (1)

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consider the defendant’s income, regardless of source, the defendant’s earning capacity and the defendant’s financial resources, as well as the nature of the burden the fine will impose on the defendant and any person legally or financially dependent upon the defendant.

Misdemeanor, Felony

Not provided for

Before imposition of fine or fee Not provided for Determined by judge without hearing No

Not provided for

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Illinois 720 Ill. Comp. Stat. 570/411.1(b)(1) Controlled Substances Act: Fines

(b) In determining whether to impose a fine under this Section and the amount, time for payment, and method of payment of any fine so imposed, the court shall: (1)

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consider the defendant’s income, regardless of source, the defendant’s earning capacity and the defendant’s financial resources, as well as the nature of the burden the fine will impose on the defendant and any person legally or financially dependent upon the defendant;

Misdemeanor, Felony

Not provided for

Before imposition of fine or fee Not provided for Determined by judge without hearing No

Not provided for

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Illinois 720 Ill. Comp. Stat. 646/75(b)(1) Methamphetamine Control and Community Protection Act: Fines

(b) In determining whether to impose a fine under this Section and the amount, time for payment, and method of payment of any fine so imposed, the court shall: (1)

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consider the defendant’s income, regardless of source, the defendant’s earning capacity and the defendant’s financial resources, as well as the nature of the burden the fine will impose on the defendant and any person legally or financially dependent upon the defendant.

Misdemeanor, Felony

Not provided for.

Before imposition of fine or fee Not provided for Determined by judge without hearing No

Not provided for.

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Illinois 720 Ill. Comp. Stat. 5/113-3(b) Right to counsel; court-appointed counsel

(b) In all cases, except where the penalty is a fine only, if the court determines that the defendant is indigent and desires counsel, the Public Defender shall be appointed

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as counsel. If there is no Public Defender in the county or if the defendant requests counsel other than the Public Defender and the court finds that the rights of the defendant will be prejudiced by the appointment of the Public Defender, the court shall appoint as counsel a licensed attorney at law of this State, except that in a county having a population of 2,000,000 or more the Public Defender shall be appointed as counsel in all misdemeanor cases where the defendant is indigent and desires counsel unless the case involves multiple defendants, in which case the court may appoint counsel other than the Public Defender for the additional defendants. The court shall require an affidavit signed by any defendant who requests court-appointed counsel. Such affidavit shall be in the form established by the Supreme Court containing sufficient information to ascertain the assets and liabilities of that defendant. The Court may direct the Clerk of the Circuit Court to assist the defendant in the completion of the affidavit. Any person who knowingly files such affidavit containing false information concerning his assets and liabilities shall be liable to the county where the case, in which such false affidavit is filed, is pending for the reasonable value of the services rendered by the public defender or other court-appointed counsel in the case to the extent that such services were unjustly or falsely procured.

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Indigent

Before imposition of fine or fee Not provided for Determined by judge without hearing No

N/A

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Illinois 725 Ill. Comp. Stat. 5/124A-20(a)-(d) Assessment waiver

(a) As used in this Section:
“Assessments” means any costs imposed on a criminal defendant under Article 15 of the Criminal and Traffic Assessment Act [705 ILCS 135/15-5 et seq.],

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but does not include violation of the Illinois Vehicle Code assessments.
“Indigent person” means any person who meets one or more of the following criteria:
(1) He or she is receiving assistance under one or more of the following means-based governmental public benefits programs: Supplemental Security Income; Aid to the Aged, Blind and Disabled; Temporary Assistance for Needy Families; Supplemental Nutrition Assistance Program; General Assistance; Transitional Assistance; or State Children and Family Assistance.
(2) His or her available personal income is 200% or less of the current poverty level, unless the applicant’s assets that are not exempt under Part 9 or 10 of Article XII of the Code of Civil Procedure [735 ILCS 5/12-901 et seq. or 735 ILCS 5/12-1001] are of a nature and value that the court determines that the applicant is able to pay the assessments.
(3) He or she is, in the discretion of the court, unable to proceed in an action with payment of assessments and whose payment of those assessments would result in substantial hardship to the person or his or her family.
“Poverty level” means the current poverty level as established by the United States Department of Health and Human Services.
(b) Upon the application of any defendant, after the commencement of an action, but no later than 30 days after sentencing:
(1) If the court finds that the applicant is an indigent person, the court shall grant the applicant a full assessment waiver exempting him or her from the payment of any assessments.
(2) The court shall grant the applicant a partial assessment as follows:
(A) 75% of all assessments shall be waived if the applicant’s available income is greater than 200% but no more than 250% of the poverty level, unless the applicant’s assets that are not exempt under Part 9 or 10 of Article XII of the Code of Civil Procedure are such that the applicant is able, without undue hardship, to pay the total assessments.
(B) 50% of all assessments shall be waived if the applicant’s available income is greater than 250% but no more than 300% of the poverty level, unless the applicant’s assets that are not exempt under Part 9 or 10 of Article XII of the Code of Civil Procedure are such that the court determines that the applicant is able, without undue hardship, to pay a greater portion of the assessments.
(C) 25% of all assessments shall be waived if the applicant’s available income is greater than 300% but no more than 400% of the poverty level, unless the applicant’s assets that are not exempt under Part 9 or 10 of Article XII of the Code of Civil Procedure are such that the court determines that the applicant is able, without undue hardship, to pay a greater portion of the assessments.
(c) An application for a waiver of assessments shall be in writing, signed by the defendant or, if the defendant is a minor, by another person having knowledge of the facts, and filed no later than 30 days after sentencing. The contents of the application for a waiver of assessments, and the procedure for deciding the applications, shall be established by Supreme Court Rule. Factors to consider in evaluating an application shall include:
(1) the applicant’s receipt of needs based governmental public benefits, including Supplemental Security Income (SSI); Aid to the Aged, Blind and Disabled (ADBD); Temporary Assistance for Needy Families (TANF); Supplemental Nutrition Assistance Program (SNAP or “food stamps”); General Assistance; Transitional Assistance; or State Children and Family Assistance;
(2) the employment status of the applicant and amount of monthly income, if any;
(3) income received from the applicant’s pension, Social Security benefits, unemployment benefits, and other sources;
(4) income received by the applicant from other household members;
(5) the applicant’s monthly expenses, including rent, home mortgage, other mortgage, utilities, food, medical, vehicle, childcare, debts, child support, and other expenses; and
(6) financial affidavits or other similar supporting documentation provided by the applicant showing that payment of the imposed assessments would result in substantial hardship to the applicant or the applicant’s family.
(d) The clerk of court shall provide the application for a waiver of assessments to any defendant who indicates an inability to pay the assessments. 

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Indigent: any person who meets one or more of the following criteria: (1) He or she is receiving assistance under one or more of the following means-based governmental public benefits programs:

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Supplemental Security Income; Aid to the Aged, Blind and Disabled; Temporary Assistance for Needy Families; Supplemental Nutrition Assistance Program; General Assistance; Transitional Assistance; or State Children and Family Assistance; (2) His or her available personal income is 200% or less of the current poverty level, unless the applicant’s assets that are not exempt under Part 9 or 10 of Article XII of the Code of Civil Procedure [735 ILCS 5/12-901 et seq. or 735 ILCS 5/12-1001] are of a nature and value that the court determines that the applicant is able to pay the assessments; (3) He or she is, in the discretion of the court, unable to proceed in an action with payment of assessments and whose payment of those assessments would result in substantial hardship to the person or his or her family.

Before imposition of fine or fee Not provided for Determined by judge without hearing No

Full or partial waiver of assessment.

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Illinois 725 Ill. Comp. Stat. 175/5.1(b) Narcotics Profit Forfeiture Act: Fines

(b) In determining whether to impose a fine under this Section and the amount, time for payment and method of payment of any fine so imposed, the court shall (1)

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consider the defendant’s income, regardless of source, the defendant’s earning capacity and the defendant’s financial resources, as well as the nature of the burden the fine will impose on the defendant and any person legally or financially dependent upon the defendant;

Misdemeanor, Felony

Not provided for

Before imposition of fine or fee Not provided for Determined by judge without hearing No

Not provided for

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Illinois 730 Ill. Comp. Stat. 5/5-5-10 Community service fee

When an offender or defendant is ordered by the court to perform community service and the offender is not otherwise assessed a fee for probation services, the court shall impose

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a fee of $50 for each month the community service ordered by the court is supervised by a probation and court services department, unless after determining the inability of the person sentenced to community service to pay the fee, the court assesses a lesser fee. The court may not impose a 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 [705 ILCS 405/1-1 et seq.] while the minor is in placement. The fee shall be imposed only on 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 et seq.].
A circuit court may not impose a probation fee in excess of $25 per month unless: (1) 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, under guidelines developed by the Administrative Office of the Illinois Courts;

All

Not provided for

Before imposition of fine or fee Not provided for Determined by judge without hearing No

Lesser fee imposed.