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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 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

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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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Before imposition of fine or fee Not provided for Determined by judge after hearing Yes

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Illinois 730 Ill. Comp. Stat. 5/5-5-6(i) Authorized Dispositions; Restituion

A sentence of restitution may be modified or revoked by the court if the . . . the offender fails to make restitution as ordered by the court, but no

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sentence to make restitution shall be revoked unless the court shall find that the offender has had the financial ability to make restitution, and he has wilfully refused to do so. When the offender’s ability to pay restitution was established at the time an order of restitution was entered or modified, or when the offender’s ability to pay was based on the offender’s willingness to make restitution as part of a plea agreement made at the time the order of restitution was entered or modified, there is a rebuttable presumption that the facts and circumstances considered by the court at the hearing at which the order of restitution was entered or modified regarding the offender’s ability or willingness to pay restitution have not materially changed. If the court shall find that the defendant has failed to make restitution and that the failure is not wilful, the court may impose an additional period of time within which to make restitution. The length of the additional period shall not be more than 2 years.

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At enforcement of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing No

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