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.

All

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.

All

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.

All

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.

All

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.

All

"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.

All

"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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Vermont Vt. Stat. Ann. tit. 13 § 5238(f) Co-payment and reimbursement orders

A person who may be or has been ordered to pay all or part of the cost of representation by co-payment or reimbursement order may at any time petition the

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court making the order for remission of all of the amount or any part thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardships on the defendant or the defendant's immediate family or that the circumstances of case disposition and the interests of justice so require, the court may remit all or part of the amount due or modify the method of payment.

All

Payment of the amount due will impose manifest hardships on the defendant or the defendant's immediate family or that the circumstances of case disposition and the interests of justice so

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require.

At defendant's request before imposition of fine or fee Burden on defendant to show inability to pay Other No

Court will remit all or part of the amount due or modify the method of payment.

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Vermont Vt. Stat. Ann. tit. 13 § 7180(c)(3),(4)(C) Remedies for failure to pay fines, costs, surcharges, and penalties

(c) Civil contempt proceeding. (3) Hearing. --  The hearing shall be conducted in a summary manner. The court shall examine the defendant and any other witnesses and may require the defendant

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to produce documents relevant to the defendant's ability to pay the amount due. Evidence is admissible if it is of a type commonly relied upon by a reasonably prudent person in the conduct of his or her affairs. The Vermont Rules of Evidence shall not apply except that the rules related to privilege shall apply. The State shall not be a party except with the permission of the court. The defendant may be represented by counsel at the defendant's own expense.

(4)(C)  If the court concludes that the defendant is not in contempt because the defendant does not have the ability to pay the amount due, the court may: (i)  suspend all or any part of the amount due in the interests of justice, except that the court may not waive surcharges imposed pursuant to section 7282 of this title; (ii)  order the defendant to participate in the Restorative Justice Program conducted by a community reparative board and direct the reparative board to determine an appropriate amount of community service to be performed in lieu of all or part of the amount due.

All

Not provided for

At enforcement of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing Yes

Suspend all or any part of the amount due in the interests of justice, except that the court may not waive surcharges imposed pursuant to section 7282 of this title;

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order the defendant to participate in the Restorative Justice Program conducted by a community reparative board and direct the reparative board to determine an appropriate amount of community service to be performed in lieu of all or part of the amount due.

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Vermont Vt. Stat. Ann. tit. 13 § 7180(f) Community service for traffic offense

(f) (1)  A defendant who is not incarcerated may file a motion to convert all or part of a traffic offense fine to community service. The court may grant the motion if

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the defendant establishes that he or she has made a good faith effort to pay the fine but is unable to do so. A fine converted to community service pursuant to this subsection shall not be considered a modification of sentence and shall not be subject to the time limits of Vermont Rule of Criminal Procedure 35.

(2)  Community service performed pursuant to a motion granted under this subsection shall be: (A)  credited against outstanding fines at the then-existing rate of the Vermont minimum wage: (B)  monitored by Diversion, a restorative justice panel of a community justice center, or a similar entity approved by the court, that shall report on the defendant's compliance status to the court; (C)  performed in the county where the offense occurred.

(3)  A conversion of a fine to community service under this subsection: (A)  shall not apply to surcharges, court costs, or other assessments; (B)  shall be in addition to the contempt procedures applicable under this section.

Traffic

Made a good faith effort to pay the fine but is unable to do so.

At defendant's request at enforcement Burden on defendant to show inability to pay Other No

Convert to community service

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Vermont Vt. Stat. Ann. tit. 13 § 2022 Bad checks

A person who issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee, shall be imprisoned

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for not more than one year or fined not more than $ 1,000.00, or both. The court shall order restitution in the amount of the check or order, together with a service charge not to exceed $ 5.00, if it is established that the defendant has the ability to pay.

Misdemeanor

Not provided for

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

No restitution or service charge ordered

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Vermont Vt. Stat. Ann. tit. 13 § 7043(d)(2),(e)(1) Restitution

(d) In awarding restitution, the Court shall make findings with respect to: . . . (2) The offender's current ability to pay restitution, based on all financial information available to

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the Court, including information provided by the offender.

(e)(1) An order of restitution shall establish the amount of the material loss incurred by the victim, which shall be the restitution judgment order. In the event the offender is unable to pay the restitution judgment order at the time of sentencing, the court shall establish a restitution payment schedule for the offender based upon the offender's current and reasonably foreseeable ability to pay, subject to modification under subsection (l) of this section. 

All

Not provided for

Before imposition of fine or fee Not provided for Determined by judge after hearing Yes

Payment plan

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Vermont Vt. Stat. Ann. tit. 13 § 5238(b) Co-payment and reimbursement orders

(b)  The court shall require any person assigned counsel pursuant to section 5236 of this title to pay for all or part of the cost of representation based upon his or

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her ability to pay. Unless the person and cohabiting family members are found to be financially unable to pay, in all cases the court shall order a minimum payment of $ 50.00.

(f)  A person who may be or has been ordered to pay all or part of the cost of representation by co-payment or reimbursement order may at any time petition the court making the order for remission of all of the amount or any part thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardships on the defendant or the defendant's immediate family or that the circumstances of case disposition and the interests of justice so require, the court may remit all or part of the amount due or modify the method of payment.

All

Manifest hardships on the defendant or the defendant's immediate family or that the circumstances of case disposition and the interests of justice so require

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

Not having to pay the cost or minimum fee for representation; court may remit all or part of the amount due or modify the method of payment.

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Vermont Vt. Stat. Ann. tit. 4 § 1109(c)(4)(A) Remedies for failure to pay; contempt

(4)(A) Hearing. The hearing shall be conducted in a summary manner. The hearing officer shall examine the defendant and any other witnesses and may require the defendant to produce documents

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relevant to the defendant's ability to pay the amount due. The State or municipality shall not be a party except with the permission of the hearing officer. The defendant may be represented by counsel at the defendant's own expense.

All

Not provided for

At enforcement of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing No

May not be held in contempt for failure to pay.

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Vermont Vt. Stat. Ann. tit. 13 § 5255(b) Recovery from defendant

(b) The Defender General or the Commissioner of Taxes, on behalf of the State, may recover reimbursement from each person, other than a person covered by subsection (a) of this

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section, who has received legal assistance under this chapter and who, on the date on which suit is brought, is financially able to reimburse the State for it according to the standards of ability to pay applicable under subdivision 5201(3), section 5231, and subsection 5238 (b) of this title, but refuses to do so. Suit must be brought within three years after the date on which the benefit was received. The amount of recovery shall be equal to the average cost per case for representation supported by the budget of the Defender General for the calendar year in which legal assistance was completed as determined by the Defender General, less any reimbursement or co-payment actually paid for representation.

All

Not provided for

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

State may not recover reimbursement for received legal assistance.