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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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

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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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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

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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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"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,

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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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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

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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
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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

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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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"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

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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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"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

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fee.

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

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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

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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

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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
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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

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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
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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

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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
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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

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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.

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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,

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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"

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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

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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
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Nebraska Neb. Rev. Stat. § 29-2284 Probation or parole; revocation; conditions
If the defendant is placed on probation or paroled, the court may revoke probation, and the Board of Parole may revoke parole if the defendant fails to comply with the
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restitution order. In determining whether to revoke probation or parole, the court or Board of Parole shall consider the defendant's earning ability and financial resources, the willfulness of the defendant's failure to pay, and any special circumstances affecting the defendant's ability to pay. Probation or parole may not be revoked unless noncompliance with the restitution order is attributable to an intentional refusal to obey the order or a failure to make a good faith effort to comply with the order.
All Not provided for At enforcement of fine or fee Not provided for Not provided for Yes

N/A

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Nebraska Neb. Rev. Stat. § 29-2206(1)(a),(2) Fine and costs; commitment until paid; installments; deduction from bond; suspension or revocation of motor vehicle operator's license

(1) (a) In all cases in which courts or magistrates have now or may hereafter have the power to punish offenses, either in whole or in part, by requiring the offender

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to pay fines or costs, or both, such courts or magistrates may make it a part of the sentence that the party stand committed and be imprisoned in the jail of the proper county until the fines or costs are paid or secured to be paid or the offender is otherwise discharged according to law if the court or magistrate determines that the offender has the financial ability to pay such fines or costs. The court or magistrate may make such determination at the sentencing hearing or at a separate hearing prior to sentencing. A separate hearing shall not be required. In making such determination, the court or magistrate may consider the information or evidence adduced in an earlier proceeding pursuant to section 29-3902, 29-3903, 29-3906, or 29-3916. At any such hearing, the offender shall have the opportunity to present information as to his or her income, assets, debts, or other matters affecting his or her financial ability to pay. Following such hearing and prior to imposing sentence, the court or magistrate shall determine the offender’s financial ability to pay the fines or costs, including his or her financial ability to pay in installments under subsection (2) of this section.

(2) If the court or magistrate determines, pursuant to subsection (1) of this section, that an offender is financially unable to pay such fines or costs in one lump sum but is financially capable of paying in installments, the court or magistrate shall make arrangements suitable to the court or magistrate and to the offender by which the offender may pay in installments. The court or magistrate shall enter an order specifying the terms of such arrangements and the dates on which payments are to be made. 

All

Not provided for

Before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing Yes

Payment in installments.

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Nebraska Neb. Rev. Stat. § 29-2412(2) Fine and costs; nonpayment; commutation upon confinement; credit; amount.

(2) Whenever it is made satisfactorily to appear to the district court, or to the county judge of the proper county, after all legal means have been exhausted, that any person

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who is confined in jail for any fines or costs of prosecution for any criminal offense has no estate with which to pay such fines or costs, it shall be the duty of such court or judge, on his or her own motion or upon the motion of the person so confined, to discharge such person from further imprisonment for such fines or costs, which discharge shall operate as a complete release of such fines or costs.

All

No estate with which to pay such fines or costs

At enforcement of fine or fee Not provided for Not provided for No

If imprisoned for nonpayment of fines and costs, then discharged from prison.

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Nebraska Neb. Rev. Stat. § 29-2412(1)(a),(c) Fine and costs; nonpayment; commutation upon confinement; credit; amount

(1) (a) Any person arrested and brought into custody on a warrant for failure to pay fines or costs, for failure to appear before a court or magistrate on the due

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date of such fines or costs, or for failure to comply with the terms of an order pursuant to sections 29-2206 and 29-2206.01, shall be entitled to a hearing on the first regularly scheduled court date following the date of arrest. The purpose of such hearing shall be to determine the person’s financial ability to pay such fines or costs. At the hearing, the person shall have the opportunity to present information as to his or her income, assets, debts, or other matters affecting his or her financial ability to pay. Following the hearing, the court or magistrate shall determine the person’s ability to pay the fines or costs, including his or her financial ability to pay by installment payments as described in section 29-2206;

(c) If the court or magistrate determines that the person is financially unable to pay the fines or costs, the court or magistrate: (i) Shall either: (A) Enter an order pursuant to subdivision (1)(d) of this section discharging the person of such fines or costs; or (B) If the person is subject to an order to pay installments pursuant to section 29-2206, the court or magistrate shall either enter an order pursuant to subdivision (1)(d) of this section discharging the person of such obligation or make any necessary modifications to the order specifying the terms of the installment payments as justice may require and that will enable the person to pay the fines or costs; and (ii) May order the person to complete community service for a specified number of hours pursuant to sections 29-2277 to 29-2279;

 

All Not provided for At defendant's request at enforcement Not provided for Determined by judge after hearing Yes

Discharge payment of fines; installment payments; community service in lieu of fines.

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Nebraska Neb. Rev. Stat. § 29-2262.06(4) Fees; waiver; when; failure to pay; effect

The court shall waive payment of the monthly probation programming fees in whole or in part if after a hearing a determination is made that such payment would constitute an

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undue hardship on the offender due to limited income, employment or school status, or physical or mental handicap. Such waiver shall be in effect only during the period of time that the probationer or participant in a non-probation-based program or service is unable to pay his or her monthly probation programming fee.

All

Undue hardship due to limited income, employment or school status, or physical or mental hardship

At enforcement of fine or fee Not provided for Determined by judge after hearing No

Waive payment of the monthly probation programming fees