50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Ability to Pay
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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.
39 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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Indiana | Burns Ind. Code Ann. § 33-37-2-3 | Indigency Hearing — Suspension of Costs — Default — Fees for Representation — Rights and Protections |
(a) Except as provided in subsection (b), when the court imposes costs, it shall conduct a hearing to determine whether the convicted person is indigent. If the person is not indigent, the court shall order the person to pay:(1) the entire amount of the costs at the time sentence is pronounced; (2) the entire amount of the costs at some later date; or (3) specified parts of the costs at designated intervals. (b) A court may impose costs and suspend payment of all or part of the costs until the convicted person has completed all or part of the sentence. If the court suspends payment of the costs, the court shall conduct a hearing at the time the costs are due to determine whether the convicted person is indigent. If the convicted person is not indigent, the court shall order the convicted person to pay the costs: (1) at the time the costs are due; or (2) in a manner set forth in subsection (a)(2) through (a)(3). ... (d) Upon any default in the payment of the costs: (1) an attorney representing the county may bring an action on a debt for the unpaid amount; (2) the court may direct that the person, if the person is not indigent, be committed to the county jail and credited toward payment at the rate of twenty dollars ($20) for each twenty-four (24) hour period the person is confined, until the amount paid plus the amount credited equals the entire amount due; or (3) the court may institute contempt proceedings to enforce the court's order for payment of the costs. (e) If, after a hearing under subsection (a) or (b), the court determines that a convicted person is able to pay part of the costs of representation, the court shall order the person to pay an amount of not more than the cost of the defense services rendered on behalf of the person. The clerk shall deposit the amount paid by a convicted person under this subsection in the county’s supplemental public defender services fund established under IC 33-40-3-1.
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All |
Indigency. |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | Yes |
The court may suspend the costs. |
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Indiana | Burns Ind. Code Ann. § 35-33-8-3.3 (b) | Pretrial Services Fees |
(b) If a defendant who has a prior unrelated conviction for any offense is charged with a new offense and placed under the supervision of a probation officer or pretrial services agency, the court may order the defendant to pay the pretrial services fee prescribed under subsection (e) if: (1) the defendant has the financial ability to pay the fee; and (2) the court finds by clear and convincing evidence that supervision by a probation officer or pretrial services agency is necessary to ensure the: (A) defendant's appearance in court; or (B) physical safety of the community or of another person.
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All |
"Defendant has the financial ability to pay the fee." |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | Yes | Not provided for |
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Indiana | Burns Ind. Code Ann. § 35-33-7-6 (a);(c) | Determination of Indigency — Assignment of Counsel — Payment of Fees — Review of Findings |
(a) Prior to the completion of the initial hearing, the judicial officer shall determine whether a person who requests assigned counsel is indigent. If the person is found to be indigent, the judicial officer shall assign counsel to the person. ... (c) If the court finds that the person is able to pay part of the cost of representation by the assigned counsel, the court shall order the person to pay the following:(1) For a felony action, a fee of one hundred dollars ($100). (2) For a misdemeanor action, a fee of fifty dollars ($50). The clerk of the court shall deposit fees collected under this subsection in the county's supplemental public defender services fund established under Ind. Code § 33-40-3-1 .
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All |
Indigency. |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | Yes |
The individual may be assigned counsel. |
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Indiana | Burns Ind. Code Ann. § 9-30-9-8 | Alcohol Abuse Deterrent Program Fee or Medical Fee |
(a) The court shall order a defendant participating in a program under this chapter to pay an alcohol abuse deterrent program fee or a medical fee, or both, unless the court determines that the defendant is indigent.
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Felony |
"Indigent." |
Before imposition of fine or fee | Not provided for | Not provided for | No | Not provided for |
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Indiana | Burns Ind. Code Ann. § 33-37-3-3 (c);(d) | Actions Commenced by Person Confined by Department of Corrections |
(c) If the offender claims exceptional circumstances that render the offender unable to pay the partial filing fee required by this section, in addition to the statement required by section 2 of this chapter and the statement of account required by subsection (a), the offender shall submit an affidavit of special circumstances setting forth the reasons and circumstances that justify relief from the partial filing fee requirement; (d) If the court approves the application to waive all fees, the court shall give written notice to the offender that all fees and costs relating to the filing and service will be waived. If the court denies the application to waive all fees, the court shall give written notice to the offender that the offender’s case will be dismissed if the partial filing fee is not paid not later than forty-five (45) days after the date of the order, or within an additional period that the court may, upon request, allow. Process concerning the offender’s case may not be served until the fee is paid.
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All |
"The offender claims exceptional circumstances." |
Not provided for | Burden on defendant to show inability to pay | Not provided for | No |
The court may award a partial filing fee or may waive all fees. |
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Indiana | Burns Ind. Code Ann. § 33-37-3-2 (a)(1) | Right to Bring Action Without Paying Fees |
(a) Except as provided in subsection (b), a person entitled to bring a civil action or to petition for the appointment of a guardian under IC 29-3-5 may do so without paying the required fees or other court costs if the person files a statement in court, under oath and in writing: (1) declaring that the person is unable to make the payments or to give security for the payments because of the person’s indigency.
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All |
"The person is unable to make the payments or to give security for the payments because of the person’s indigency." |
Not provided for | Burden on defendant to show inability to pay | Not provided for | No | Not provided for |
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Indiana | Burns Ind. Code Ann. § 33-37-5-9 (c) | Drug Abuse, Prosecution, Interdiction, and Correction Fee |
In determining the amount of the drug abuse, prosecution, interdiction, and correction fee assessed against a person under subsection (b), a court shall consider the person's ability to pay the fee.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes | Not provided for |
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Indiana | Burns Ind. Code Ann. § 33-37-5-22 (a)(3);(d) | Late Payment Fees - Local Rule |
(a) Except as provided in subsections (e) and (f), this section applies to an action if all the following apply:… (3) The defendant is not determined by the court imposing the court costs, fine, or civil penalty to be indigent.; (d) Notwithstanding IC 33-37-2-2, a court may suspend a late payment fee if the court finds that the defendant has demonstrated good cause for failure to make a timely payment of court costs, a fine, or a civil penalty.
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All |
"Indigent." |
Before imposition of fine or fee | Not provided for | Not provided for | No |
"A court may suspend a late payment fee if the court finds that the defendant has demonstrated good cause for failure to make a timely payment of court costs, a fine, or a civil penalty."
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Indiana | Burns Ind. Code Ann. § 33-37-5-18 (c) | Safe schools fee |
In determining the amount of the safe schools fee assessed against a person under subsection (a), a court shall consider the person’s ability to pay the fee. |
Felony | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes | Not provided for |
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Indiana | Burns Ind. Code Ann. § 35-50-5-4 (c) | Reimbursement Order |
The court shall fix an amount under this section that: (1) may not exceed an amount the person can or will be able to pay; (2) does not harm the person's ability to reasonably be self-supporting or to reasonably support any dependent of the person; and (3) takes into consideration and gives priority to any other restitution, reparation, repayment, costs (including fees), fine, or child support obligations the person is required to pay.
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All |
Does not exceed amount person can pay, does not harm ability to support self or dependents, takes into account other obligations |
Before imposition of fine or fee | Not provided for | Not provided for | Yes | Not provided for |
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Indiana | Burns Ind. Code Ann. § 9-30-5-17 (c) | Restitution to Emergency Medical Services Restitution Fund — Limit Upon Amount of Restitution |
In making an order for restitution under this section, the court shall consider the following:(1) The schedule of costs submitted to the court under Ind. Code § 16-31-8-5. (2) The amount of restitution that the individual is or will be able to pay.
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Traffic | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes | Not provided for |
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Indiana | Burns Ind. Code Ann. § 9-30-8-1 | Court Order of Device Installation — Court-Ordered Term for Compliance |
If a court orders the installation of a certified ignition interlock device on a motor vehicle that a person whose license is restricted owns or expects to operate, the court shall set the time that the installation must remain in effect. However, the term may not exceed the maximum term of imprisonment the court could have imposed. The person shall pay the cost of installation unless the sentencing court determines that the person is indigent.
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Traffic |
"indigent." |
Not provided for | Not provided for | Not provided for | Yes | Not provided for |
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Indiana | Burns Ind. Code Ann. § 35-38-1-18 (a) - (b) | Payment of Fines |
(a) Except as provided in subsection (b), whenever the court imposes a fine, it shall conduct a hearing to determine whether the convicted person is indigent. If the person is not indigent, the court shall order:(1) that the person pay the entire amount at the time sentence is pronounced; (2) that the person pay the entire amount at some later date; (3) that the person pay specified parts at designated intervals; or (4) at the request of the person, commitment of the person to the county jail for a period of time set by the court in lieu of a fine. If the court orders a person committed to jail under this subdivision, the person's total confinement for the crime that resulted in the conviction must not exceed the maximum term of imprisonment prescribed for the crime under Ind. Code § 35-50-2 or Ind. Code § 35-50-3. (b) A court may impose a fine and suspend payment of all or part of the fine until the convicted person has completed all or part of the sentence. If the court suspends payment of the fine, the court shall conduct a hearing at the time the fine is due to determine whether the convicted person is indigent. If the convicted person is not indigent, the court shall order the convicted person to pay the fine:
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All |
Indigency. |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | Yes |
The court may suspend the fine. |
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Indiana | Burns Ind. Code Ann. § 33-37-2-3 (a) - (b) | Indigency Hearing — Suspension of Costs — Default — Fees for Representation — Rights and Protections |
(a) Except as provided in subsection (b), when the court imposes costs, it shall conduct a hearing to determine whether the convicted person is indigent. If the person is not indigent, the court shall order the person to pay: ... (b) A court may impose costs and suspend payment of all or part of the costs until the convicted person has completed all or part of the sentence. If the court suspends payment of the costs, the court shall conduct a hearing at the time the costs are due to determine whether the convicted person is indigent. If the convicted person is not indigent, the court shall order the convicted person to pay the costs:
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All |
"indigent." |
Not provided for | Not provided for | Determined by judge after hearing | No |
The court may "suspend payment of all or part of the costs until the convicted person has completed all or part of the sentence" |
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Indiana | Burns Ind. Code Ann. § 35-33-8-3.3 (i) | Pretrial Services Fees |
(i) A probation department or pretrial services agency may petition a court to: (1) impose a pretrial services fee on a defendant; or (2) increase a defendant’s pretrial services fee; if the financial ability of the defendant to pay a pretrial services fee changes while the defendant is on bail and supervised by a probation officer or pretrial services agency.
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All | Not provided for | Not provided for | Not provided for | Not provided for | No | Not provided for |
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Kentucky | Ky. Rev. Stat. Ann. § 533.030(2)(l) | Conditions of probation and conditional discharge; restitution to victim |
(2) When imposing a sentence of probation or conditional discharge, the court may, in addition to any other reasonable condition, require that the defendant: (l) Submit to periodic testing for the use of controlled substances or alcohol, if the defendant's record indicates a controlled substance or alcohol problem, and to pay a reasonable fee, as determined by the court, which fee shall not exceed the actual cost of the test and analysis and shall be paid directly to the agency or agencies responsible for testing and analysis as compensation for the cost of the testing and analysis, as specified by written order of the court, performed under this subsection. For good cause shown, the testing fee may be waived by the court;
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All |
Not provided for |
Not provided for | Not provided for | Determined by judge without hearing | No |
Fee waived |
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Kentucky | Ky. Rev. Stat. Ann. § 533.030(2)(m) | Conditions of probation and conditional discharge; restitution to victim |
(2) When imposing a sentence of probation or conditional discharge, the court may, in addition to any other reasonable condition, require that the defendant: (m) Use an alcohol monitoring device, as defined in KRS 431.068. All costs associated with the device, including administrative and operating costs, shall be paid by the defendant. If the court determines that the defendant is indigent, and a person, county, or other organization has not agreed to pay the costs for the defendant in an attempt to reduce incarceration expenses and increase public safety, the court shall consider other conditions of probation or conditional discharge provided for in this section;
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All |
Indigency |
Not provided for | Not provided for | Not provided for | Yes |
Alternative method of probation or conditional discharge imposed |
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Kentucky | Ky. Rev. Stat. Ann. § 534.030(2) | Fines for felonies |
(2) In determining the amount and method of paying a fine for commission of a felony, the court shall consider, among others, the following factors: (a) The defendant's ability to pay the amount of the fine; (b) The hardship likely to be imposed on the defendant's dependents by the amount of the fine and the time and method of paying it; (c) The impact the amount of the fine will have on the defendant's ability to make reparation or restitution to the victim; and (d) The amount of the defendant's gain, if any, derived from the commission of the offense.
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Felony | Not provided for | Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
Not specified |
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Kentucky | Ky. Rev. Stat. Ann. § 534.045(1)-(3) | Assessment of reimbursement fee against jail prisoners; collection; fee determination; relevant evidence; modification |
(1) Pursuant to a conviction of a misdemeanor, including traffic offenses, where a person is sentenced to incarceration in the county jail, the District Court may assess a reimbursement fee to help defray the expenses of the prisoner's room and board. The reimbursement fee shall not exceed twenty-five percent (25%) of the prisoner's gross daily wages or forty dollars ($40) per day, whichever is less. All moneys shall be paid directly to the jailer.
(2) In determining whether a reimbursement fee as described in subsection (1) of this section is to be assessed, and in establishing the amount of the fee, the court shall consider evidence relevant to the prisoner's ability to pay the fee . . . (3) After considering all relevant evidence to the issue of the prisoner's ability to pay, the court shall enter as part of its judgment the amount of the reimbursement fee, if any, that shall be paid by the prisoner during his period of incarceration in the county jail. The fee shall bear a reasonable relationship to the person's income. Upon petition by the prisoner affected by the order, the amount may be modified to reflect any changes in the financial status of the prisoner. In any appeal that might be taken from the conviction, the amount of the reimbursement fee may be challenged. |
All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Not specified |
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Kentucky | Ky. Rev. Stat. Ann. § 510.320(2)-(3),(6) | Human immunodeficiency virus testing for defendants accused of certain sexual offenses; results; counseling when test positive; cost; effect of appeal |
(2) A defendant charged with an offense pursuant to this chapter which has sexual intercourse or deviate sexual intercourse as an element, or has sexual contact as an element when the circumstances of the case demonstrate a possibility of transmission of human immunodeficiency virus, shall upon initial court appearance on the charge, be informed by the judge of the availability of human immunodeficiency virus testing. The judge shall also notify the victim of the offense, or parent or guardian of the victim, that the defendant has been so notified.
(3) When a defendant has been convicted of any offense in subsection (2) of this section, other provisions of law to the contrary notwithstanding, the sentencing court, regardless of any prior human immunodeficiency virus test, shall order the defendant to undergo a human immunodeficiency virus test, under the direction of the Cabinet for Health and Family Services... (6) The cost of testing under this section shall be paid by the defendant tested, unless the court has determined the defendant to be indigent. |
All |
Indigency |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
Not specified |
The Criminal Justice Debt Reform Builder is a project of the National Criminal Justice Debt Initiative of the Criminal Justice Policy Program at Harvard Law School in collaboration with the Berkman Klein Center for Internet & Society at Harvard University and with user experience design by metaLAB (at) Harvard.
For more information, please visit cjpp.law.harvard.edu.