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22 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 | 725 Ill. Comp. Stat. 5/113-3.1(a) | Payment for Court-Appointed Counsel |
Whenever under either Section 113-3 of this Code [725 ILCS 5/113-3] or Rule 607 of the Illinois Supreme Court the court appoints counsel to represent a defendant, the court may order the defendant to pay to the Clerk of the Circuit Court a reasonable sum to reimburse either the county or the State for such representation. In a hearing to determine the amount of the payment, the court shall consider the affidavit prepared by the defendant under Section 113-3 of this Code [725 ILCS 5/113-3] and any other information pertaining to the defendant’s financial circumstances which may be submitted by the parties. Such hearing shall be conducted on the court’s own motion or on motion of the State’s Attorney at any time after the appointment of counsel but no later than 90 days after the entry of a final order disposing of the case at the trial level.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | Yes |
Not specified |
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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 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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All |
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. 5/5-7-1(g) | Sentence of Periodic Imprisonment |
An offender sentenced to periodic imprisonment who undergoes mandatory drug or alcohol testing, or both, or is assigned to be placed on an approved electronic monitoring device, shall be ordered to pay the costs incidental to such mandatory drug or alcohol testing, or both, and 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, of all offenders with a sentence of periodic imprisonment. 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, as the case may be.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Not specified |
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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 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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All |
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, 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.
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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 | 730 Ill. Comp. Stat. 5/5-9-1.9(c) | DUI analysis fee |
In addition to any other disposition made under the provisions of the Juvenile Court Act of 1987 [705 ILCS 405/1-1 et seq.], any minor adjudicated delinquent for an offense which if committed by an adult would constitute a violation of Section 11-501 of the Illinois Vehicle Code shall be assessed a crime laboratory DUI analysis fee of $150 for each adjudication. Upon verified petition of the minor, the court may suspend payment of all or part of the fee if it finds that the minor does not have the ability to pay the fee. The parent, guardian, or legal custodian of the minor may pay some or all of the fee on the minor’s behalf.
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Traffic |
Not provided for |
Before imposition of fine or fee | Not provided for | Not provided for | 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) 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.
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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) 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;
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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) 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.
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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 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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All |
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: 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. |
All |
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: 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.
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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) 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;
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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 | 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 | 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 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. |
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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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Illinois | 730 Ill. Comp. Stat. 5/5-9-1.4(c) | Crime laboratory; analysis fees; creation of fund |
In addition to any other disposition made pursuant to the provisions of the Juvenile Court Act of 1987,1 any minor adjudicated delinquent for an offense which if committed by an adult would constitute a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Steroid Control Act shall be required to pay a criminal laboratory analysis assessment of $100 for each adjudication. Upon verified petition of the minor, the court may suspend payment of all or part of the assessment if it finds that the minor does not have the ability to pay the assessment. The parent, guardian or legal custodian of the minor may pay some or all of such assessment on the minor's behalf.
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All |
Not provided for |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | No |
Suspend all or part of fee. |
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Virginia | Va. Code Ann. § 19.2-355 | Petition of defendant |
(a) In determining whether the defendant is unable to pay such fine forthwith, the court may require such defendant to file a petition, under oath, with the court, upon a + See moreform provided by the court, setting forth the financial condition of the defendant.
(b) Such form shall be a questionnaire, and shall include, but shall not be limited to: the name and residence of the defendant; his occupation, if any; his family status and the number of persons dependent upon him; his monthly income; whether or not his dependents are employed and, if so, their approximate monthly income; his banking accounts, if any; real estate owned by the defendant, or any interest he may have in real estate; income produced therefrom; any independent income accruing to the defendant; tangible and intangible personal property owned by the defendant, or in which he may have an interest; and a statement listing the approximate indebtedness of the defendant to other persons. Such form shall also include a payment plan of the defendant, if the court should exercise its discretion in permitting the payment of such fine and costs in installments or other conditions to be fixed by the court.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | No |
permitting the payment of such fine and costs in installments or other conditions to be fixed by the court |
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Virginia | Va. Code Ann. § 53.1-150.1 | Substance abuse treatment as condition of parole - exemptions |
Any person who is granted parole and who is required to receive substance abuse treatment as a condition of parole shall contribute towards the cost of such treatment based upon + See morehis ability to pay, as established pursuant to regulations promulgated by the Board of Corrections. The regulations shall provide that (i) any fees collected for such treatment shall be paid directly to the service provider and (ii) any person may be exempt from the payment of such fees on the grounds of unreasonable hardship.
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All |
unreasonable hardship |
Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
exemption from payment of fees |
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Virginia | Va. Code Ann. § 18.2-57.3(D) | Education/treatment program sliding scale fee structure |
The court shall require the person entering such education or treatment program or services under the provisions of this section to pay all or part of the costs of the + See moreprogram or services, including the costs of any assessment, evaluation, testing, education and treatment, based upon the person's ability to pay. Such programs or services shall offer a sliding-scale fee structure or other mechanism to assist participants who are unable to pay the full costs of the required programs or services.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
sliding scale fee structure |
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Virginia | Va. Code Ann. § 18.2-251 | Program costs - ability to pay |
The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of + See morethe screening, assessment, testing, and treatment, based upon the accused's ability to pay unless the person is determined by the court to be indigent.
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All |
Indigence |
Before imposition of fine or fee | Not provided for | Other | Yes |
exemption from payment of fees |
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