Data Explorer: Ability to pay | 50 State Criminal Justice Debt Tool

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
Add to Dashboard + Create New	Kansas	Kan. Stat. Ann. ? 22-4529	Entitlement of defendant to counsel; application fee; disposition of moneys	Any defendant entitled to counsel pursuant to Kan. Stat. Ann. ? 22-4503, and amendments thereto, shall pay an application fee in the amount of $100 to the clerk of the + See more district court. Any defendant entitled to counsel in a proceeding for a violation of a condition of release pursuant to Kan. Stat. Ann. ? 22-3716, and amendments thereto, shall pay an application fee of $100 to the clerk of the district court. Such fee shall be paid regardless of whether the defendant has paid application fees pursuant to this section in any other proceeding. If it appears to the satisfaction of the court that payment of the application fee will impose manifest hardship on the defendant, the court may waive payment of all or part of the application fee. All moneys received pursuant to this section shall be remitted to the state treasurer in accordance with the provisions of Kan. Stat. Ann. ? 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the indigents' defense services fund. If the defendant is acquitted or the case is dismissed, any application fee paid pursuant to this section shall be remitted to the defendant.	All	"manifest hardship"	Before imposition of fine or fee	Not provided for	Not provided for	No	Not provided for
Add to Dashboard + Create New	Kansas	Kan. Stat. Ann. ? 60-2001(b)	Docket fee; authorized only by legislative enactment; poverty affidavit, court review; additional costs; certain sheriff's charges prohibited	(b)?Poverty affidavit in lieu of docket fee. (1) Effect. In any case where a plaintiff by reason of poverty is unable to pay a docket fee, and an affidavit so + See more stating is filed, no fee will be required. An inmate in the custody of the secretary of corrections may file a poverty affidavit only if the inmate attaches a statement disclosing the average account balance, or the total deposits, whichever is less, in the inmate's trust fund for each month in: (A) The six-month period preceding the filing of the action; or (B) the current period of incarceration, whichever is shorter. Such statement shall be certified by the secretary. On receipt of the affidavit and attached statement, the court shall determine the initial fee to be assessed for filing the action and in no event shall the court require an inmate to pay less than $3. The secretary of corrections is hereby authorized to disburse money from the inmate's account to pay the costs as determined by the court. If the inmate has a zero balance in such inmate's account, the secretary shall debit such account in the amount of $3 per filing fee as established by the court until money is credited to the account to pay such docket fee. Any initial filing fees assessed pursuant to this subsection shall not prevent the court, pursuant to subsection (d), from taxing that individual for the remainder of the amount required under subsection (a) or this subsection.(2)?Form of affidavit. The affidavit provided for in this subsection shall set forth a factual basis upon which the plaintiff alleges by reason of poverty an inability to pay a docket fee, including, but not limited to, the source and amount of the plaintiff's weekly income. Such affidavit shall be signed and sworn to by the plaintiff under oath, before one who has authority to administer the oath, under penalty of perjury, Kan. Stat. Ann. ? 2015 Supp. 21-5903, and amendments thereto. The form of the affidavit shall be deemed sufficient if in substantial compliance with the form set forth by the judicial council. (3)?Court review; grounds for dismissal; service of process. The court shall review any petition authorized for filing under this subsection. Upon such review, if the court finds that the plaintiff's allegation of poverty is untrue, the court shall direct the plaintiff to pay the docket fee or dismiss the petition without prejudice. Notwithstanding Kan. Stat. Ann. ? 60-301, and amendments thereto, service of process shall not issue unless the court grants leave following its review.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	lower f ee
Add to Dashboard + Create New	Kansas	Kan. Stat. Ann. ? 8-1567	Driving a commercial motor vehicle under the influence; penalties	In lieu of payment of a fine imposed pursuant to this section, the court may order that the person perform community service specified by the court. The person shall receive + See more a credit on the fine imposed in an amount equal to $5 for each full hour spent by the person in the specified community service. The community service ordered by the court shall be required to be performed not later than one year after the fine is imposed or by an earlier date specified by the court. If by the required date the person performs an insufficient amount of community service to reduce to zero the portion of the fine required to be paid by the person, the remaining balance of the fine shall become due on that date.	Misdemeanor, Felony	Not provided for	At enforcement of fine or fee	Not provided for	Not provided for	No	Community service
Add to Dashboard + Create New	Kansas	Kan. Stat. Ann. ? 21-6604(d)	Authorized dispositions; crimes committed on or after July 1, 1993	(d) In addition to any of the above, the court shall order the defendant to reimburse the county general fund for all or a part of the expenditures by the + See more county to provide counsel and other defense services to the defendant. Any such reimbursement to the county shall be paid only after any order for restitution has been paid in full. In determining the amount and method of payment of such sum, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of such sum will impose. A defendant who has been required to pay such sum and who is not willfully in default in the payment thereof may at any time petition the court which sentenced the defendant to waive payment of such sum or 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 waive payment of all or part of the amount due or modify the method of payment.	All	payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family	At defendant's request before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	Yes	the court may waive payment of all or part of the amount due or modify the method of payment
Add to Dashboard + Create New	Kansas	Kan. Stat. Ann. § 21-6612(c)	Criteria for imposing fines	In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that + See more its payment will impose.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Not provided for
Add to Dashboard + Create New	Kansas	Kan. Stat. Ann. § 22-3425(2)	Commitment for failure to pay fine and costs	Any person confined in the county jail for failure to pay a fine or costs may be released by the court which imposed sentence, upon satisfactory proof that such person + See more is unable to pay such fine and costs. A release under this section shall not discharge a person from his liability to pay the fine and costs adjudged against him, but they may thereafter be collected by execution as on judgments in civil cases.	All	Not provided for	At enforcement of fine or fee	Not provided for	Not provided for	No	converts to civil judgment
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 258B, § 8	Assessments imposed by court	If it is determined by a written finding of fact that an assessment, other than for a civil motor vehicle infraction imposed by this section would cause a substantial financial + See more hardship to the person against whom the assessment is imposed or the person’s immediate family or the person’s dependents, the court may waive the fee or structure a payment plan in order to ensure compliance with payment; provided, however, that the court may order a person required to pay a domestic violence prevention and victim assistance assessment to complete at least 8 hours of community service in order to satisfy such assessment, if a structured payment would continue to impose a severe financial hardship.	All	severe financial hardship	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	waive the fee or structure a payment plan; community service in lieu of payment.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 279, § 1	Suspension of execution; payment of fine; probation; revocation of suspension; exceptions	When a person convicted before a court is sentenced to imprisonment, the court may direct that the execution of the sentence, or any part thereof, be suspended and that he + See more be placed on probation for such time and on such terms and conditions as it shall fix. When a person so convicted is sentenced to pay a fine and to stand committed until it is paid, the court may direct that the execution of the sentence, or any part thereof, be suspended for such time as it shall fix and in its discretion that he be placed on probation on condition that he pay the fine within such time. If the fine does not exceed two hundred dollars and the court finds that the defendant is unable to pay it when imposed, the execution of the sentence shall be suspended and he may in its discretion be placed on probation, unless the court shall find that he will probably default, or that such suspension will be detrimental to the interests of the public.	All	Not provided for	At enforcement of fine or fee	Not provided for	Determined by judge without hearing	No	The execution of the sentence, or part of the sentence, may be suspended and the court may in its discretion place the person on probation.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 111B	Fraudulent Motor Vehicle Insurance Claims; Penalties; Reimbursement of Insurer.	Upon a real or impending change in financial circumstances, a defendant ordered to pay restitution may petition the court for a modification of the amount, time or method of payment + See more of restitution. If the court finds that because of any such change the payment of restitution will impose an undue financial hardship on the defendant or his family, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.	All	Payment would impose an undue financial hardship on defendant or his family.	At defendant's request at enforcement	Not provided for	Determined by judge without hearing	No	Remission from any payment of restitution or modify the amount, time or method of payment;
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 111B	Motor vehicle insurance policies; penalty for fraudulent claims	If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court shall hold him in contempt unless said defendant has made + See more a good faith effort to pay such restitution. If said defendant has made a good faith effort to pay such restitution, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.	All	N/A	At enforcement of fine or fee	Not provided for	Not provided for	No	May modify the amount, time or method of payment, but may not grant complete remission.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 111B	Fraudulent Motor Vehicle Insurance Claims; Penalties; Reimbursement of Insurer.	. . . Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof; provided, however, the court shall consider the defendant’s present and future ability + See more to pay in its determinations regarding a fine; provided, further, that, whenever possible subject to the constraints of this paragraph and the first paragraph of this section, the amount of a fine imposed for a violation of this section shall equal twice the amount of damages or financial loss suffered as a result of the defendant’s crime.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	N/A
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 111B	Fraudulent Motor Vehicle Insurance Claims; Penalties; Reimbursement of Insurer.	. . . In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose + See more on the defendant.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Not provided for
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 127, § 145(a)-(b),(d),(f)	Discharge of Poor Prisoners Held for Nonpayment of Fines.	(a) A court shall not commit a person to a correctional facility solely for non-payment of money owed if such person has established, by a preponderance of the evidence, that the + See more person is unable to pay the fine without causing substantial financial hardship to the person or their immediate family or dependents. A court shall determine whether the payment of a fine would cause such substantial financial hardship after a hearing and, in making such determination, shall consider the person’s employment status, income, financial resources, living expenses, number of dependents and any special circumstances that may affect a person’s ability to pay. (b) A court shall not commit a person to a correctional facility for non-payment of money owed if such a person is not represented by counsel for the commitment proceeding, unless such person has waived counsel. A person deemed indigent for the purpose of being offered counsel and who is assigned counsel for the commitment portion of a proceeding solely for the nonpayment of money owed shall not be assessed a fee for such counsel. (d) If a court determines that the payment of a fine would cause a substantial financial hardship pursuant to subsection (a), the court may impose an alternative to a fine or sentence to a correctional facility including, without limitation, community service. (f) A person confined to a correctional facility for non-payment of money owed may petition the court for discharge from the correctional facility for an inability to pay the money owed due to a substantial financial hardship. If, after a hearing pursuant to subsection (a), the court determines that the person is not able to pay the money owed without causing a substantial financial hardship to the person, or the person’s immediate family or dependents, the court shall discharge the person from the correctional facility. No filing fee shall be charged for the filing of the petition.	All	Substantial financial hardship to the person or their immediate family or dependents; indigdent;	At enforcement of fine or fee	Not provided for	Not provided for	No	Discharge from jail when confined for nonpayment of fine; alternative to a fine or sentence to a correctional facility including, without limitation, community service; not assessed a fee for counsel.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 147(e)	Counterfeit Marks — Manufacture, Use or Display.	Any person convicted under this section shall, in addition to any penalty imposed pursuant to subsection (b), be punished by a fine in an amount not to exceed three times + See more the retail value of the items bearing or of services identified by a counterfeit mark, unless extenuating circumstances are shown by the defendant.	Misdemeanor	Extenuating circumstances	Not provided for	Burden on defendant to show inability to pay	Determined by judge without hearing	Yes	N/A
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 27A	Removing or Concealing Motor Vehicles or Trailers to Defraud Insurers; Reimbursement of Insurers.	Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof; provided, however, the court shall consider the defendant’s present and future ability to pay in + See more its determinations regarding a find; provided, further, that, whenever possible subject to the constraints of this paragraph and the preceding paragraph, the amount of a fine imposed for a violation of this section shall equal twice the amount of damages or financial loss suffered as a result of the defendant’s crime.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	N/A
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 27A	Removing or Concealing Motor Vehicles or Trailers to Defraud Insurers; Reimbursement of Insurers.	In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant. + See more Upon a real or impending change in financial circumstances, a defendant ordered to pay restitution may petition the court for a modification of the amount, time or method of payment of restitution. If the court finds that because of any such change the payment of restitution will cause a substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents, the court may grant remission from any payment of restitution or modify the amount, time or method of payment.	Felony	A substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents	At defendant's request at enforcement	Not provided for	Determined by judge without hearing	No	Modification of the amount, time or method of payment of restitution; remission from any payment of restitution or modify the amount, time or method of payment.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 27A	Removing or Concealing Motor Vehicles or Trailers to Defraud Insurers; Reimbursement of Insurers.	If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court shall hold him in contempt unless said defendant has made + See more a good faith effort to pay such restitution. If said defendant has made a good faith effort to pay such restitution, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.	All	N/A	At enforcement of fine or fee	Not provided for	Determined by judge without hearing	No	modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 269, § 14(d)	False Reports Relative to Location of Explosives, etc., Penalized.	. . . A person found guilty of violating this section shall, in all cases, in addition to any other punishment, be ordered to make restitution to the individual, public + See more or private entity for any costs incurred, damages and financial loss sustained as a result of the commission of the crime. Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof, however, the court shall consider the defendant’s present and future ability to pay in its determinations regarding a fine. In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	N/A
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 269, § 14B(b)	Willful and malicious communication of false information to public safety answering points; penalty	Upon any conviction under this section, the court shall conduct a hearing to ascertain the extent of costs incurred, and damages and financial loss sustained by any emergency response services + See more provider as a result of the violation and shall order the defendant to make restitution to the emergency response services provider or providers for any such costs, damages or loss. The court shall consider the defendant’s present and future ability to pay restitution in its determinations relative to the imposition of a fine. In determining the amount, time and method of payment of restitution, the court shall consider the defendant’s employment status, earning ability, financial resources, living expenses, dependents and any special circumstances that may have bearing on their ability to pay. The court may waive restitution or modify the amount, time or method of payment if such restitution payment would cause a substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents.	Felony	A substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents.	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	Waive restitution or modify the amount, time or method of payment if such restitution payment
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 29	Theft of Motor Vehicle; Owner’s Complaint or Information; Restitution by Defendants.	Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof; provided, however, the court shall consider the defendant’s present and future ability to pay in + See more its determinations regarding a fine; provided, further, that, whenever possible subject to the constraints of this paragraph and the first paragraph of said subsection (a) of section twenty–eight, the amount of a fine imposed for a violation of said subsection (a) of section twenty–eight shall equal twice the amount of damages or financial loss suffered as a result of the defendant’s crime.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	N/A

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