50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Ability to Pay
Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
Every law can be saved to the Reform Builder
See all ability to pay policy recommendations in CJPP’s Policy Guide
State
- Alabama (12)
- Alaska (8)
- Arizona (5)
- Arkansas (8)
- California (90)
- Colorado (29)
- Connecticut (19)
- Delaware (4)
- Florida (36)
- Georgia (14)
- Hawaii (14)
- Idaho (15)
- Illinois (23)
- (-) Indiana (15)
- Iowa (12)
- Kansas (6)
- Kentucky (17)
- Louisiana (10)
- Maine (9)
- Maryland (3)
- Massachusetts (39)
- Michigan (17)
- Minnesota (14)
- Mississippi (8)
- Missouri (15)
- Montana (29)
- Nebraska (14)
- Nevada (7)
- New Hampshire (29)
- New Jersey (9)
- New Mexico (14)
- New York (8)
- North Carolina (14)
- North Dakota (14)
- Ohio (32)
- Oklahoma (10)
- (-) Oregon (13)
- Pennsylvania (6)
- Rhode Island (3)
- South Carolina (17)
- South Dakota (10)
- Tennessee (11)
- Texas (17)
- Utah (5)
- Vermont (9)
- (-) Virginia (10)
- Washington (15)
- Washington DC (5)
- West Virginia (16)
- Wisconsin (7)
- Wyoming (17)
Keyword search
Reset
Reset all filtersTimeline
Burden of proof
Method of determination
Narrrow results
Level of Offense
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.
38 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 | |
|---|---|---|---|---|---|---|---|---|---|---|---|
|
Add to Dashboard
|
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.
|
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
|
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.
|
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
|
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 .
|
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
|
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.
|
Felony |
"Indigent." |
Before imposition of fine or fee | Not provided for | Not provided for | No | Not provided for |
|
Add to Dashboard
|
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.
|
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
|
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.
|
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
|
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.
|
All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes | Not provided for |
|
Add to Dashboard
|
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.
|
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."
|
|
Add to Dashboard
|
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
|
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.
|
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
|
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.
|
Traffic | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes | Not provided for |
|
Add to Dashboard
|
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.
|
Traffic |
"indigent." |
Not provided for | Not provided for | Not provided for | Yes | Not provided for |
|
Add to Dashboard
|
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:
|
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
|
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:
|
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
|
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.
|
All | Not provided for | Not provided for | Not provided for | Not provided for | No | Not provided for |
|
Add to Dashboard
|
Oregon | Or. Rev. Stat. § 161.645 | Ability to pay -- prior to imposition of fine |
In determining whether to impose a fine and its amount, the court shall consider:
(1) The financial resources of the defendant and the burden that payment of a fine will impose, + See morewith due regard to the other obligations of the defendant; and
(2) The ability of the defendant to pay a fine on an installment basis or on other conditions to be fixed by the court. [1971 c.743 §78]
|
All |
(1) The financial resources of the defendant and the burden that payment of a fine will impose, with due regard to the other obligations of the defendant; and ability of the defendant to pay a fine on an installment basis or on other conditions to be fixed by the court. [1971 c.743 §78]
|
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Payment plan |
|
Add to Dashboard
|
Oregon | Or. Rev. Stat. § 135.050(1) | Eligibility for court-appointed counsel; financial statement; termination; civil liability |
(1) Suitable counsel for a defendant shall be appointed by a municipal, county or justice court if:(a) The defendant is before a court on a matter described in subsection (5) of this section; (b) The defendant requests aid of counsel; (c) The defendant provides to the court a written and verified financial statement; and (d) It appears to the court that the defendant is financially unable to retain adequate representation without substantial hardship in providing basic economic necessities to the defendant or the defendants dependent family.
|
All |
Substantial hardship in providing basic economic necessities to the defendant or the defendants' dependent family |
Not provided for | Not provided for | Determined by judge after hearing | Yes |
N/A |
|
Add to Dashboard
|
Oregon | Or. Rev. Stat. § 135.050(2) | Eligibility for court-appointed counsel; financial statement; termination; civil liability |
(2) Suitable counsel for a defendant shall be appointed by a circuit court if: (a) The defendant is before the court on a matter described in subsection (5) of this section; (b) The defendant requests aid of counsel; (c) The defendant provides to the court a written and verified financial statement; and (d)(A) The defendant is determined to be financially eligible under ORS 151.485 (Financial eligibility) and the standards established by the Public Defense Services Commission under ORS 151.216 (Duties); or (B) The court finds, on the record, substantial and compelling reasons why the defendant is financially unable to retain adequate representation without substantial hardship in providing basic economic necessities to the defendant or the defendants dependent family despite the fact that the defendant does not meet the financial eligibility standards established by the commission.
|
All |
Substantial hardship in providing basic economic necessities to the defendant or the defendants dependent family despite the fact that the defendant does not meet the financial eligibility standards established by the commission.
|
Not provided for | Not provided for | Determined by judge after hearing | Yes |
N/A |
|
Add to Dashboard
|
Oregon | Or. Rev. Stat. § 151.485(1)-(2) | Financial eligibility; determination; financial statement; termination of appointed counsel |
(1) For purposes of determining the financial eligibility for appointed counsel of persons with a constitutional or statutory right to counsel in matters before the state courts and whose counsel is authorized to be paid by the public defense services executive director under ORS 151.219 (Public defense services executive director), a person is financially eligible for appointed counsel if the person is determined to be financially unable to retain adequate counsel without substantial hardship in providing basic economic necessities to the person or the persons dependent family under standards established by the Public Defense Services Commission under ORS 151.216.
(2) A determination of financial eligibility shall be made upon the basis of information contained in a detailed financial statement submitted by the person for whom counsel is requested or appointed or, in an appropriate case, by the persons parent, guardian or custodian. The financial statement shall be in the form prescribed by the Public Defense Services Commission. The form shall contain a full disclosure of all assets, liabilities, current income, dependents and other information required by ORS 135.050 (4) and, in addition, any information required by the commission and state courts as necessary to determine eligibility. The commission shall adopt uniform statewide guidelines and procedures that prescribe how to use the form and determine financial eligibility for appointed counsel. |
All |
Substantial hardship in providing basic economic necessities to the person or the persons dependent family under standards established by the Public Defense Services Commission under ORS 151.216. |
Not provided for | Not provided for | Determined by judge after hearing | Yes |
N/A |
|
Add to Dashboard
|
Oregon | Or. Rev. Stat. § 137.106(4)(a) | Restitution to victims; objections by defendant |
If a judgment or supplemental judgment described in subsection (1) of this section includes restitution, a court may delay the enforcement of the monetary sanctions, including restitution, only if the defendant alleges and establishes to the satisfaction of the court the defendants inability to pay the judgment in full at the time the judgment is entered. If the court finds that the defendant is unable to pay, the court may establish or allow an appropriate supervising authority to establish a payment schedule, taking into consideration the financial resources of the defendant and the burden that payment of restitution will impose, with due regard to the other obligations of the defendant. The supervising authority shall be authorized to modify any payment schedule established under this section.
|
All |
Not provided for |
At defendant's request at enforcement | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
Payment Plan |
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.