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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Washington Wash. Rev. Code Ann 69.50.430 Additional fine for certain felony violations

(1) Every adult offender convicted of a felony violation of RCW 69.50.401 through 69.50.4013, 69.50.4015, 69.50.402, 69.50.403, 69.50.406, 69.50.407, 69.50.410, or 69.50.415 must be fined one thousand dollars in addition

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to any other fine or penalty imposed. Unless the court finds the adult offender to be indigent, this additional fine may not be suspended or deferred by the court.


(2) On a second or subsequent conviction for violation of any of the laws listed in subsection (1) of this section, the adult offender must be fined two thousand dollars in addition to any other fine or penalty imposed. Unless the court finds the adult offender to be indigent, this additional fine may not be suspended or deferred by the court.


(3) In addition to any other civil or criminal penalty, every person who violates or causes another to violate RCW 69.50.401 by distributing, dispensing, manufacturing, displaying for sale, offering for sale, attempting to sell, or selling to a purchaser any product that contains any amount of any synthetic cannabinoid, as identified in RCW 69.50.204, must be fined not less than ten thousand dollars and not more than five hundred thousand dollars. If, however, the person who violates or causes another to violate RCW 69.50.401 by distributing, dispensing, manufacturing, displaying for sale, offering for sale, attempting to sell, or selling any product that contains any amount of any synthetic cannabinoid, as identified in RCW 69.50.204, to a purchaser under the age of eighteen, the minimum penalty is twenty-five thousand dollars if the person is at least two years older than the minor. Unless the court finds the person to be indigent, this additional fine may not be suspended or deferred by the court.

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Indigent

Before imposition of fine or fee Not provided for Determined by judge without hearing No

Suspended or defer additional fine

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Washington Wash. Rev. Code Ann 10.73.160(4) Court fees and costs

A defendant who has been sentenced to pay costs and who is not in contumacious default in the payment may at any time after release from total confinement petition the

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court that sentenced the defendant or juvenile offender for remission of the payment of costs or of any unpaid portion. If it appears to the satisfaction of the sentencing court that payment of the amount due will impose manifest hardship on the defendant or the defendant’s immediate family, the sentencing court may remit all or part of the amount due in costs, modify the method of payment under RCW 10.01.170, or convert the unpaid costs to community restitution hours, if the jurisdiction operates a community restitution program, at the rate of no less than the state minimum wage established in RCW 49.46.020 for each hour of community restitution. Manifest hardship exists where the defendant or juvenile offender is indigent as defined in RCW 10.101.010(3) (a) through (c).

All

Manifest hardship on the defendant or defendant's immediate family; indigent.

At defendant's request at enforcement Not provided for Not provided for No

Court may remit all or part of the amount due in costs, modify the method of payment, or convert the unpaid costs to community restitution hours.

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Washington Wash. Rev. Code Ann 10.01.160(3)-(4) Costs — What constitutes — Payment by defendant — Procedure — Remission — Medical or mental health treatment or services

(3) The court shall not order a defendant to pay costs if the defendant at the time of sentencing is indigent as defined in RCW 10.101.010(3) (a) through (c). In

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determining the amount and method of payment of costs for defendants who are not indigent as defined in RCW 10.101.010(3) (a) through (c), the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose.


(4) A defendant who has been ordered to pay costs and who is not in contumacious default in the payment thereof may at any time after release from total confinement petition the sentencing court for remission of the payment of costs or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant’s immediate family, the court may remit all or part of the amount due in costs, modify the method of payment under RCW 10.01.170, or convert the unpaid costs to community restitution hours, if the jurisdiction operates a community restitution program, at the rate of no less than the state minimum wage established in RCW 49.46.020 for each hour of community restitution. Manifest hardship exists where the defendant is indigent as defined in RCW 10.101.010(3) (a) through (c).

All

able to pay - based upon hardship

At defendant's request at enforcement Not provided for Not provided for No

Court may remit all or part of the amount due in costs, modify the method of payment, or convert the unpaid costs to community restitution hours.

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Washington Wash. Rev. Code Ann. § 10.101.020 Determination of indigency — Provisional appointment — Promissory note

(1) A determination of indigency shall be made for all persons wishing the appointment of counsel in criminal, juvenile, involuntary commitment, and dependency cases, and any other case where the right

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to counsel attaches. The court or its designee shall determine whether the person is indigent pursuant to the standards set forth in this chapter.

(2) In making the determination of indigency, the court shall also consider the anticipated length and complexity of the proceedings and the usual and customary charges of an attorney in the community for rendering services, and any other circumstances presented to the court which are relevant to the issue of indigency. The appointment of counsel shall not be denied to the person because the person’s friends or relatives, other than a spouse who was not the victim of any offense or offenses allegedly committed by the person, have resources adequate to retain counsel, or because the person has posted or is capable of posting bond.

(3) The determination of indigency shall be made upon the defendant’s initial contact with the court or at the earliest time circumstances permit. The court or its designee shall keep a written record of the determination of indigency. Any information given by the accused under this section or sections shall be confidential and shall not be available for use by the prosecution in the pending case.

(4) If a determination of eligibility cannot be made before the time when the first services are to be rendered, the court shall appoint an attorney on a provisional basis. If the court subsequently determines that the person receiving the services is ineligible, the court shall notify the person of the termination of services, subject to court-ordered reinstatement.

(5) All persons determined to be indigent and able to contribute, shall be required to execute a promissory note at the time counsel is appointed. The person shall be informed whether payment shall be made in the form of a lump sum payment or periodic payments. The payment and payment schedule must be set forth in writing. The person receiving the appointment of counsel shall also sign an affidavit swearing under penalty of perjury that all income and assets reported are complete and accurate. In addition, the person must swear in the affidavit to immediately report any change in financial status to the court.

(6) The office or individual charged by the court to make the determination of indigency shall provide a written report and opinion as to indigency on a form prescribed by the office of public defense, based on information obtained from the defendant and subject to verification. The form shall include information necessary to provide a basis for making a determination with respect to indigency as provided by this chapter.

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Indigent - court shall also consider the anticipated length and complexity of the proceedings and the usual and customary charges of an attorney in the community for rendering services, and any other

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circumstances presented to the court which are relevant to the issue of indigency.

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

N/A

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Washington Wash. Rev. Code Ann. § 9.94A.750 Restitution

(1) If restitution is ordered, the court shall determine the amount of restitution due at the sentencing hearing or within one hundred eighty days. The court may continue the hearing beyond

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the one hundred eighty days for good cause. The court shall then set a minimum monthly payment that the offender is required to make towards the restitution that is ordered. The court shall not issue any order that postpones the commencement of restitution payments until after the offender is released from total confinement. The court should take into consideration the total amount of the restitution owed, the offender’s present, past, and future ability to pay, as well as any assets that the offender may have. An offender’s inability to make restitution payments while in total confinement may not be the basis for a violation of his or her sentence unless his or her inability to make payments resulted from a refusal to accept an employment offer to a class I or class II job or a termination for cause from such a job.

(2) During the period of supervision, the community corrections officer may examine the offender to determine if there has been a change in circumstances that warrants an amendment of the monthly payment schedule. The community corrections officer may recommend a change to the schedule of payment and shall inform the court of the recommended change and the reasons for the change. The sentencing court may then reset the monthly minimum payments based on the report from the community corrections officer of the change in circumstances. 

All

Consideration the total amount of the restitution owed, the offender’s present, past, and future ability to pay, as well as any assets that the offender may have; change in circumstances.

Before imposition of fine or fee Not provided for Not provided for No

Change to the schedule of payment, reset the monthly minimum payments based on the report from the community corrections officer of the change in circumstances.