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:

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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 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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North Dakota N.D. Cent. Code § 12.1-32-05(1) Imposition of fine--Response to nonpayment
1. The court, in making a determination of the propriety of imposing a sentence to pay a fine, shall consider the following factors:a. The ability of the defendant to pay
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without undue hardship. b. Whether the defendant, other than a defendant organization, gained money or property as a result of commission. c. Whether the sentence to pay a fine will interfere with the defendant's capacity to make restitution. d. Whether a sentence to pay a fine will serve a valid rehabilitative purpose.
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ability of the defendant to pay without undue hardship

Before imposition of fine or fee Not provided for Not provided for Yes

fine not imposed

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North Dakota N.D. Cent. Code § 12.1-32-08(1) Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation
Before imposing restitution or reparation as a sentence or condition of probation, the court shall hold a hearing on the matter with notice to the prosecuting attorney and to the
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defendant as to the nature and amount of restitution. The court, when sentencing a person adjudged guilty of criminal activities that have resulted in pecuniary damages, in addition to any other sentence the court may impose, shall order that the defendant make restitution to the victim or other recipient as determined by the court, unless the court states on the record, based upon the criteria in this subsection, the reason it does not order restitution or orders only partial restitution. Restitution must include payment to the owner of real property that is contaminated by the defendant in the manufacturing of methamphetamine for the cost of removing the contamination and returning the property to the property's condition before contamination and to any other person that has incurred costs in decontaminating the property. In determining whether to order restitution, the court shall take into account: a. The reasonable damages sustained by the victim or victims of the criminal offense, which damages are limited to those directly related to the criminal offense and expenses actually incurred as a direct result of the defendant's criminal action. This can include an amount equal to the cost of necessary and related professional services and devices relating to physical, psychiatric, and psychological care. The defendant may be required as part of the sentence imposed by the court to pay the prescribed treatment costs for a victim of a sexual offense as defined in chapters 12.1-20 and 12.1-27.2. b. The ability of the defendant to restore the fruits of the criminal action or to pay monetary reparations, or to otherwise take action to restore the victim's property. c. The likelihood that attaching a condition relating to restitution or reparation will serve a valid rehabilitational purpose in the case of the particular offender considered.The court shall fix the amount of restitution or reparation, which may not exceed an amount the defendant can or will be able to pay, and shall fix the manner of performance of any condition or conditions of probation established pursuant to this subsection. The court shall order restitution be paid to the division of adult services for any benefits the division has paid or may pay under chapter 54-23.4 unless the court, on the record, directs otherwise. Any payments made pursuant to the order must be deducted from damages awarded in a civil action arising from the same incident. An order that a defendant make restitution or reparation as a sentence or condition of probation may, unless the court directs otherwise, be filed, transcribed, and enforced by the person entitled to the restitution or reparation or by the division of adult services in the same manner as civil judgments rendered by the courts of this state may be enforced.
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes Not provided for
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North Dakota N.D. Cent. Code § 12.1-32-08(5) Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation
If the court finds that the defendant is unable to pay a fine, supervision fee, reimbursement for indigent defense costs and expenses, or restitution or reparations, the court may order
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the defendant to perform reasonable assigned work in lieu of all or part of a fine, a supervision fee, reimbursement for indigent defense costs and expenses, or restitution or reparations. The defendant may not perform reasonable assigned work in lieu of restitution or reparations unless the person entitled to restitution or reparations has consented in writing or on the record.
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

reasonable assigned work in lieu of all or part of paynment

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North Dakota N.D. Cent. Code § 29-26-22.2 Authority to compromise judgment by county commissioners
The board of county commissioners has authority to compromise and settle any judgment for fines or costs payable to the county treasury after a lapse of two years from the
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filing thereof, if in the opinion of said board said judgment cannot be collected in full. Upon receipt of a certified copy of the board's action, the state's attorney of said county shall in accordance therewith make and file a partial or total satisfaction of said judgment as attorney for the county.
All Not provided for Not provided for Not provided for Administrative decision No Not provided for
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North Dakota N.D. Cent. Code § 29-26-22(4) Judgment for fines--Court administration fee--Community service supervision fee--Special funds--Docketing and enforcement
A court may waive the administration fee or community service supervision fee upon a showing of indigency as provided in section 25-03.1-13. District court administration fees, exclusive of amounts deposited
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in the indigent defense administration fund and the court facilities and improvement fund, and forfeitures must be deposited in the state general fund. A judgment that the defendant pay a fine or fees, or both, may be docketed and if docketed constitutes a lien upon the real estate of the defendant in like manner as a judgment for money rendered in a civil action. The court may allow the defendant to pay any assessed administration fee or community service supervision fee in installments. When a defendant is assessed administration fees or a community service supervision fee, the court may not impose at the same time an alternative sentence to be served if the fees are not paid.
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The statute refers to N.D. Cent. Code § 25-03.1-13(4), which contains a general provision about indigency: "If the court determines that the respondent is indigent, the court shall order that

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appointed counsel be compensated from county funds of the county that is the respondent's place of residence in a reasonable amount based upon time and expenses. After notice and hearing, the court may order a respondent with appointed counsel to reimburse the county for expenditures made on the respondent's behalf."

Not provided for Not provided for Not provided for No

Court may waive the administration fee or community service supervision fee.