Data Explorer: Ability to pay | 50 State Criminal Justice Debt Tool

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
Add to Dashboard + Create New	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 + See more 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.	All	Indigency.	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	The court may suspend the costs.
Add to Dashboard + Create New	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 + See more 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.	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
Add to Dashboard + Create New	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, + See more 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 .	All	Indigency.	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	The individual may be assigned counsel.
Add to Dashboard + Create New	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 + See more court determines that the defendant is indigent.	Felony	"Indigent."	Before imposition of fine or fee	Not provided for	Not provided for	No	Not provided for
Add to Dashboard + Create New	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 + See more 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.	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.
Add to Dashboard + Create New	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 + See more 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.	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
Add to Dashboard + Create New	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 + See more fee.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Not provided for
Add to Dashboard + Create New	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 + See more 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.	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 + See more fine, or a civil penalty."
Add to Dashboard + Create New	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
Add to Dashboard + Create New	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 + See more 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.	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
Add to Dashboard + Create New	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 + See more amount of restitution that the individual is or will be able to pay.	Traffic	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Not provided for
Add to Dashboard + Create New	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 + See more 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.	Traffic	"indigent."	Not provided for	Not provided for	Not provided for	Yes	Not provided for
Add to Dashboard + Create New	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 + See more 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:	All	Indigency.	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	The court may suspend the fine.
Add to Dashboard + Create New	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, + See more 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:	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"
Add to Dashboard + Create New	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 + See more 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.	All	Not provided for	Not provided for	Not provided for	Not provided for	No	Not provided for
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 258B, § 8	Assessments imposed by court	If it is determined by a written finding of fact that an assessment, other than for a civil motor vehicle infraction imposed by this section would cause a substantial financial + See more hardship to the person against whom the assessment is imposed or the person’s immediate family or the person’s dependents, the court may waive the fee or structure a payment plan in order to ensure compliance with payment; provided, however, that the court may order a person required to pay a domestic violence prevention and victim assistance assessment to complete at least 8 hours of community service in order to satisfy such assessment, if a structured payment would continue to impose a severe financial hardship.	All	severe financial hardship	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	waive the fee or structure a payment plan; community service in lieu of payment.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 279, § 1	Suspension of execution; payment of fine; probation; revocation of suspension; exceptions	When a person convicted before a court is sentenced to imprisonment, the court may direct that the execution of the sentence, or any part thereof, be suspended and that he + See more be placed on probation for such time and on such terms and conditions as it shall fix. When a person so convicted is sentenced to pay a fine and to stand committed until it is paid, the court may direct that the execution of the sentence, or any part thereof, be suspended for such time as it shall fix and in its discretion that he be placed on probation on condition that he pay the fine within such time. If the fine does not exceed two hundred dollars and the court finds that the defendant is unable to pay it when imposed, the execution of the sentence shall be suspended and he may in its discretion be placed on probation, unless the court shall find that he will probably default, or that such suspension will be detrimental to the interests of the public.	All	Not provided for	At enforcement of fine or fee	Not provided for	Determined by judge without hearing	No	The execution of the sentence, or part of the sentence, may be suspended and the court may in its discretion place the person on probation.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 111B	Fraudulent Motor Vehicle Insurance Claims; Penalties; Reimbursement of Insurer.	Upon a real or impending change in financial circumstances, a defendant ordered to pay restitution may petition the court for a modification of the amount, time or method of payment + See more of restitution. If the court finds that because of any such change the payment of restitution will impose an undue financial hardship on the defendant or his family, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.	All	Payment would impose an undue financial hardship on defendant or his family.	At defendant's request at enforcement	Not provided for	Determined by judge without hearing	No	Remission from any payment of restitution or modify the amount, time or method of payment;
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 111B	Motor vehicle insurance policies; penalty for fraudulent claims	If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court shall hold him in contempt unless said defendant has made + See more a good faith effort to pay such restitution. If said defendant has made a good faith effort to pay such restitution, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.	All	N/A	At enforcement of fine or fee	Not provided for	Not provided for	No	May modify the amount, time or method of payment, but may not grant complete remission.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 111B	Fraudulent Motor Vehicle Insurance Claims; Penalties; Reimbursement of Insurer.	. . . Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof; provided, however, the court shall consider the defendant’s present and future ability + See more to pay in its determinations regarding a fine; provided, further, that, whenever possible subject to the constraints of this paragraph and the first paragraph of this section, the amount of a fine imposed for a violation of this section shall equal twice the amount of damages or financial loss suffered as a result of the defendant’s crime.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	N/A

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