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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Iowa Iowa Code § 910.7(1)-(2) Petition for hearing

1. At any time during the period of probation, parole, or incarceration, the offender or the office or individual who prepared the offender’s restitution plan may petition the court on

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any matter related to the plan of restitution or restitution plan of payment and the court shall grant a hearing if on the face of the petition it appears that a hearing is warranted.

2. After a petition has been filed, the court, at any time prior to the expiration of the offender’s sentence, provided the required notice has been given pursuant to subsection 3, may modify the plan of restitution or the restitution plan of payment, or both, and may extend the period of time for the completion of restitution.

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N/A

Not provided for Not provided for Determined by judge after hearing No

Modification of the restitution plan or payment plan

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Iowa Iowa Code § 909.7 Ability to pay fine presumed.

1. A defendant is presumed to be able to pay a fine. However, if the defendant proves to the satisfaction of the court that the defendant cannot pay the fine, the

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defendant shall not be sentenced to confinement for the failure to pay the fine.

2. A defendant who proves that the defendant cannot pay the fine may, at the discretion of the court, be ordered to perform community service pursuant to section 909.3A.

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Not provided for

Not provided for Burden on defendant to show inability to pay Not provided for No

Community service instead of a fine (additionally, not being imprisoned for failure to pay)

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Iowa Iowa Code § 910.2(2)(a) Restitution or community service

When the offender is not reasonably able to pay all or a part of the crime victim compensation program reimbursement, public agency restitution, court costs including correctional fees approved pursuant

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to section 356.7, court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender, contribution to a local anticrime organization, or medical assistance program restitution, the court may require the offender in lieu of that portion of the crime victim compensation program reimbursement, public agency restitution, court costs including correctional fees approved pursuant to section 356.7, court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender, contribution to a local anticrime organization, or medical assistance program restitution for which the offender is not reasonably able to pay, to perform a needed public service for a governmental agency or for a private nonprofit agency which provides a service to the youth, elderly, or poor of the community.

All Not provided for Not provided for Not provided for Determined by judge without hearing No

Perform a needed public service for a governmental agency or for a private nonprofit agency which provides a service to the youth, elderly, or poor of the community.

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Iowa Iowa Code § 692A.110(1) Registration fees and civil penalty for offenders

 

A sex offender shall pay an annual fee in the amount of twenty-five dollars to the sheriff of the county of principal residence, beginning with the first required in-person appearance

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at the sheriff’s office after July 1, 2009. If the sex offender has more than one principal residence in this state, the offender shall pay the annual fee in the county where the offender is first required to appear in person after July 1, 2009. The sheriff shall accept the registration. If, at the time of registration, the sex offender is unable to pay the fee, the sheriff may allow the offender time to pay the fee, permit the payment of the fee in installments, or may waive payment of the fee.

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Not provided for

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

Waive payment, allow for payment in installments, or give more time to pay.

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Iowa Iowa Code § 321J.2(3)(c)(2) Operating while under the influence of alcohol or a drug or while having an alcohol concentration of .08 or more (OWI)

As an alternative to a portion or all of the fine, the court may order the person to perform unpaid community service. However, the court shall not order the person

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to perform unpaid community service in lieu of a civil penalty or victim restitution. Surcharges and fees shall also be assessed pursuant to chapter 911.

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N/A

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

Community service

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Iowa Iowa Code § 910.4(2)(d),(3) Condition of probation--payment plan

2. When the offender is committed to a county jail, or to an alternate facility, the office or individual charged with supervision of the offender shall prepare a restitution plan of

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payment taking into consideration the offender’s income, physical and mental health, age, education, employment and family circumstances. d. When there is a significant change in the offender’s income or circumstances, the office or individual which has supervision of the plan of payment shall submit a modified restitution plan of payment to the court.

3. a. When there is a transfer of supervision from one office or individual charged with supervision of the offender to another, the sending office or individual shall forward to the receiving office or individual all necessary information regarding the balance owed against the original amount of restitution ordered and the balance of public service required. b. When the offender’s circumstances and income have significantly changed, the receiving office or individual shall submit a new plan of payment to the sentencing court for approval or modification based on the considerations enumerated in this section.

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Significant change in the defendant's circumstances or income.

Not provided for Not provided for Not provided for Yes

Modified payment plan

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Iowa Iowa Code § 905.14(3) Fees for probation and parole

The department of corrections may adopt rules for the administration of this section. If adopted, the rules shall include a provision for waiving the collection of fees for persons determined

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to be unable to pay.

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Not provided for

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

Waiving the fee at enforcement.

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Iowa Iowa Code § 815.9(6) Indigency determined — penalty

If the person receiving legal assistance is acquitted in a criminal case or is a party in a case other than a criminal case, the court shall order the payment

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of all or a portion of the total costs and fees incurred for legal assistance, to the extent the person is reasonably able to pay, after an inquiry which includes notice and reasonable opportunity to be heard.

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"reasonably able to pay"

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

Not provided for

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Iowa Iowa Code § 815.9(1) Indigency determined — penalty

1. For purposes of this chapter, chapters 13B, 229A, 232, 665, 812, 814, and 822, and section 811.1A, and the rules of criminal procedure, a person is indigent if the person is

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entitled to an attorney appointed by the court as follows:

a. A person is entitled to an attorney appointed by the court to represent the person if the person has an income level at or below one hundred twenty-five percent of the United States poverty level as defined by the most recently revised poverty income guidelines published by the United States department of health and human services, unless the court determines that the person is able to pay for the cost of an attorney to represent the person on the pending case. In making the determination of a person’s ability to pay for the cost of an attorney, the court shall consider not only the person’s income, but also the availability of any assets subject to execution, including but not limited to cash, stocks, bonds, and any other property which may be applied to the satisfaction of judgments, and the seriousness of the charge or nature of the case.

b. A person with an income level greater than one hundred twenty-five percent, but at or below two hundred percent, of the most recently revised poverty income guidelines published by the United States department of health and human services shall not be entitled to an attorney appointed by the court, unless the court makes a written finding that not appointing counsel on the pending case would cause the person substantial hardship. In determining whether substantial hardship would result, the court shall consider not only the person’s income, but also the availability of any assets subject to execution, including but not limited to cash, stocks, bonds, and any other property which may be applied to the satisfaction of judgments, and the seriousness of the charge or nature of the case.

c. A person with an income level greater than two hundred percent of the most recently revised poverty income guidelines published by the United States department of health and human services shall not be entitled to an attorney appointed by the court, unless the person is charged with a felony and the court makes a written finding that not appointing counsel would cause the person substantial hardship. In determining whether substantial hardship would result, the court shall consider not only the person’s income, but also the availability of any assets subject to execution, including but not limited to cash, stocks, bonds, and any other property which may be applied to the satisfaction of judgments, and the seriousness of the charge or nature of the case.

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Indigent - person has an income level at or below one hundred twenty-five percent of the United States poverty level as defined by the most recently revised poverty income guidelines published

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by the United States department of health and human services.

Ability to pay - the court shall consider not only the person’s income, but also the availability of any assets subject to execution, including but not limited to cash, stocks, bonds, and any other property which may be applied to the satisfaction of judgments, and the seriousness of the charge or nature of the case.

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

Entitled to a court-appointed attorney.

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Iowa Iowa Code § 815.9(5) Indigency determined — penalty

If the person receiving legal assistance is convicted in a criminal case, the total costs and fees incurred for legal assistance shall be ordered paid when the reports submitted pursuant

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to subsection 4 are received by the court, and the court shall order the payment of such amounts as restitution, to the extent to which the person is reasonably able to pay, or order the performance of community service in lieu of such payments, in accordance with chapter 910.

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"reasonably able to pay"

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

Community service in lieu of payment

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Iowa Iowa Code § 815.14 Fee for public defender

The expense of the public defender required to be reimbursed is subject to a determination of the extent to which the person is reasonably able to pay, as provided for

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in section 815.9 and chapter 910.

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Not provided for

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

Not provided for

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Iowa Iowa Code § 822.5 Postconviction Procedure: Payment of costs

If the applicant is unable to pay court costs and stenographic and printing expenses, these costs and expenses shall be made available to the applicant in the trial court, and

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on review. Unless the applicant is confined in a state institution and is seeking relief under section 822.2, subsection 1, paragraphs “e” and “f”, the costs and expenses of legal representation shall also be made available to the applicant in the preparation of the application, in the trial court, and on review if the applicant is unable to pay. However, nothing in this section shall be interpreted to require payment of expenses of legal representation, including stenographic, printing, or other legal services or consultation, when the applicant is self-represented or is utilizing the services of an inmate.

All

Not provided for

Not provided for Not provided for Not provided for Yes

Non-payment

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Nevada Nev. Rev. Stat. Ann. § 176.085   Reduction of excessive fine or administrative assessment; payment in installments.
Whenever, after a fine and administrative assessment have been imposed but before they have been discharged by payment or confinement, it is made to appear to the judge or justice
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imposing the fine or administrative assessment or his or her successor: 1.  That the fine or administrative assessment is excessive in relation to the financial resources of the defendant, the judge or justice or his or her successor may reduce the fine accordingly. 2.  That the discharge of the fine or administrative assessment is not within the defendant’s present financial ability to pay, the judge or justice or his or her successor may direct that the fine be paid in installments.
All

excessive in relation to the financial resources of the defendant; not withiin the defendant's present financial ability to pay

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

Installment plan

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Nevada Nev. Rev. Stat. Ann. § 484C.515 (2) Fee for specialty court programs
If the fee pursuant to subsection 1: (a) Is not within the defendant’s present ability to pay, the justice or judge may include in the sentence,
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in addition to any other penalty or administrative assessment provided by law, community service for a reasonable number of hours, the value of which would be commensurate with the fee. (b) Is not entirely within the defendant’s present ability to pay, the justice or judge may include in the sentence, in addition to any other penalty or administrative assessment provided by law, a reduced fee and community service for a reasonable number of hours, the value of which would be commensurate with the amount of the reduction of the fee.
Misdemeanor

not within the defendant’s present ability to pay; not entirely within the defendant's present ability to pay

Not provided for Not provided for Not provided for No

community service; reduced fee

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Nevada Nev. Rev. Stat. Ann. § 209.4295 (2)-(3) Payment of cost of supervision and treatment; performance of community service as contribution toward cost; issuance of judgment for unpaid costs
2.  A court shall not refuse to place a probation violator in the diversion program if the probation violator does not have the financial resources to pay any or all of
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the related costs. 3.  The court may order a probation violator who is placed in the diversion program to perform a specified amount of community service upon release from the program to contribute toward the cost of his or her treatment and supervision. Any such community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents.
All

violator does not have the financial resources to pay any or all of the related costs

Not provided for Not provided for Not provided for Yes

community service

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Nevada Nev. Rev. Stat. Ann. § 211A.130 (3) Fees for cost of supervision: Imposition; waiver or reduction
3.  If the chief determines that payment of the fee would result in economic hardship to a probationer or a supervised releasee, the chief may waive the imposition of, or reduce
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the amount of, the fee. If the chief waives the imposition of the fee, payment of the fee by the probationer or the supervised releasee does not constitute a condition of his or her suspended sentence, residential confinement or pretrial or presentence release.
All

economic hardship

Not provided for Not provided for Not provided for No

reduction or waiver of fee

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Nevada Nev. Rev. Stat. Ann. § 213.1076 (2) Fee to defray costs of supervision; regulations; waiver
2.  The Chief may waive the fee to defray the cost of supervision, in whole or in part, if the Chief determines that payment of the fee would create an economic
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hardship on the parolee, probationer or person supervised by the Division through residential confinement.
All

economic hardship

Not provided for Not provided for Not provided for No

reduction or waiver of fee

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Nevada Nev. Rev. Stat. Ann. § 209.4886 (4) Participation in judicial program: Referral of offender to reentry court; powers and duties of Director; regulations; reimbursement of costs; effect of violation of terms and conditions; status of offender
The Director shall adopt regulations requiring offenders who are assigned to the custody of the Division pursuant to this section to reimburse the reentry court, the Division and the Department
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for the cost of their participation in a judicial program, to the extent of their ability to pay.
All Not provided for Not provided for Not provided for Not provided for Yes Not provided for
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Nevada Nev. Rev. Stat. Ann. § 176.139 (7) Presentence investigation and report: Psychosexual evaluation of certain sex offenders required; standards and methods for conducting evaluation; access to records; rights of confidentiality and privileges deemed waived; costs
If a psychosexual evaluation is conducted pursuant to this section, the court shall: (a) Order the defendant, to the extent of the defendant’s financial ability, to
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pay for the cost of the psychosexual evaluation; or (b) If the defendant was less than 18 years of age when the sexual offense was committed and the defendant was certified and convicted as an adult, order the parents or guardians of the defendant, to the extent of their financial ability, to pay for the cost of the psychosexual evaluation. For the purposes of this paragraph, the court has jurisdiction over the parents or guardians of the defendant to the extent that is necessary to carry out the provisions of this paragraph.
All Not provided for Not provided for Not provided for Not provided for Yes Not provided for