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.

All

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.

All

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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North Carolina N.C. Gen. Stat. Ann. § 15A-1368.4(f) Conditions of post-release supervision

Required Supervision Fee.--The Commission shall require as a condition of post-release supervision that the supervisee pay a supervision fee of forty dollars ($40.00) per month. The Commission may exempt a

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supervisee from this condition only if it finds that requiring payment of the fee is an undue economic burden. 

All

Undue economic burden.

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

Fee waiver.

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North Carolina N.C. Gen. Stat. Ann. § 15A-1362(a)-(b) Imposition of fines

(a)General Criteria.--In determining the method of payment of a fine, the court should consider the burden that payment will impose in view of the financial resources of the defendant.

(b) Installment

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or Delayed Payments.--When a defendant is ordered to pay a fine, the court may provide for the payment to be made within a specified period of time or in specified installments. If no such provision is made a part of the sentence, the fine is payable forthwith.

All

Burden that payment will impose in view of the financial resources of the defendant

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

Installment or delayed payments.

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North Carolina N.C. Gen. Stat. Ann. § 15A-1364(c) Response to nonpayment

(c) Modification of Fine or Costs.--If it appears that the default in the payment of a fine or costs is not attributable to failure on the defendant's part to make

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a good faith effort to obtain the necessary funds for payment, the court may enter an order: . . . (1) Allowing the defendant additional time for payment; or (2) Reducing the amount of the fine or costs or of each installment; or (3) Revoking the fine or costs or the unpaid portion in whole or in part.

All

Default in payment not attributable to failure on defendant's part to make good faith effort to obtain necessary funds

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

Modification, revocation of fine/fee, or payment plan.

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North Carolina N.C. Gen. Stat. Ann. § 15A-1363 Remission of a fine or costs

A defendant who has been required to pay a fine or costs, including a requirement to pay fine or costs as a condition of probation, or a prosecutor, may at

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any time petition the sentencing court for a remission or revocation of the fine or costs or any unpaid portion of it. If it appears to the satisfaction of the court that the circumstances which warranted the imposition of the fine or costs no longer exist, that it would otherwise be unjust to require payment, or that the proper administration of justice requires resolution of the case, the court may remit or revoke the fine or costs or the unpaid portion in whole or in part or may modify the method of payment.

All

Circumstances which warranted the imposition of the fine or costs no longer exist, that it would otherwise be unjust to require payment, or that the proper administration of justice requires

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resolution of the case.

At defendant's request at enforcement Burden on defendant to show inability to pay Not provided for No

Court may remit or revoke the fine or costs or the unpaid portion in whole or in part or may modify the method of payment

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North Carolina N.C. Gen. Stat. Ann. § 15A-145.4(j) Expunction of records for first offenders who are under 18 years of age at the time of the commission of a nonviolent felony

(j) A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred seventy-five dollars

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($175.00) at the time the petition is filed. Fees collected under this subsection are payable to the Administrative Office of the Courts. The clerk of superior court shall remit one hundred twenty-two dollars and fifty cents ($122.50) of each fee to the North Carolina Department of Public Safety for the costs of criminal record checks performed in connection with processing petitions for expunctions under this section. The remaining fifty-two dollars and fifty cents ($52.50) of each fee shall be retained by the Administrative Office of the Courts and used to pay the costs of processing petitions for expunctions under this section. This subsection does not apply to petitions filed by an indigent.

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Indigent

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

N/A

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North Carolina N.C. Gen. Stat. Ann. § § 15A-145(e) Expunction of records for first offenders under the age of 18 at the time of conviction of misdemeanor; expunction of certain other misdemeanors

A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred seventy-five dollars ($

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175.00) at the time the petition is filed. Fees collected under this subsection are payable to the Administrative Office of the Courts. The clerk of superior court shall remit one hundred twenty-two dollars and fifty cents ($ 122.50) of each fee to the North Carolina Department of Public Safety for the costs of criminal record checks performed in connection with processing petitions for expunctions under this section. The remaining fifty-two dollars and fifty cents ($ 52.50) of each fee shall be retained by the Administrative Office of the Courts and used to pay the costs of processing petitions for expunctions under this section. This subsection does not apply to petitions filed by an indigent.

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Indigent

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

N/A

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North Carolina N.C. Gen. Stat. Ann. § 15A-145.1(d) Expunction of records for first offenders under the age of 18 at the time of conviction of certain gang offenses

A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred seventy-five dollars ($

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175.00) at the time the petition is filed. Fees collected under this subsection are payable to the Administrative Office of the Courts. The clerk of superior court shall remit one hundred twenty-two dollars and fifty cents ($ 122.50) of each fee to the North Carolina Department of Public Safety for the costs of criminal record checks performed in connection with processing petitions for expunctions under this section. The remaining fifty-two dollars and fifty cents ($ 52.50) of each fee shall be retained by the Administrative Office of the Courts and used to pay the costs of processing petitions for expunctions under this section. This subsection does not apply to petitions filed by an indigent.

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Indigent

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

N/A

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North Carolina N.C. Gen. Stat. Ann. § 15A-145.2(d) Expunction of records for first offenders not over 21 years of age at the time of the offense of certain drug offenses

A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred seventy-five dollars ($

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175.00) at the time the petition is filed. Fees collected under this subsection are payable to the Administrative Office of the Courts. The clerk of superior court shall remit one hundred twenty-two dollars and fifty cents ($ 122.50) of each fee to the North Carolina Department of Public Safety for the costs of criminal record checks performed in connection with processing petitions for expunctions under this section. The remaining fifty-two dollars and fifty cents ($ 52.50) of each fee shall be retained by the Administrative Office of the Courts and used to pay the costs of processing petitions for expunctions under this section. This subsection does not apply to petitions filed by an indigent.

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Indigent

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

N/A