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	Missouri	Mo. Ann. Stat. § 557.011	Authorized dispositions	In the event a sentence of confinement is ordered executed, a court may order that an individual serve all or any portion of such sentence on electronic monitoring; except that + See more all costs associated with the electronic monitoring shall be charged to the person on house arrest. If the judge finds the person unable to afford the costs associated with electronic monitoring, the judge may order that the person be placed on house arrest with electronic monitoring if the county commission agrees to pay the costs of such monitoring. If the person on house arrest is unable to afford the costs associated with electronic monitoring and the county commission does not agree to pay from the general revenue of the county the costs of such electronic monitoring, the judge shall not order that the person be placed on house arrest with electronic monitoring.	All	Unable to afford costs	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Payment by county
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 559.021(6)	Conditions of probation--compensation of victims--free work, public or charitable--defendant not an employee for workers’ compensation purposes--payment to county restitution fund, when	A defendant who fails to make a payment to a county law enforcement restitution fund may not have his or her probation revoked solely for failing to make such payment + See more unless the judge, after evidentiary hearing, makes a finding supported by a preponderance of the evidence that the defendant either willfully refused to make the payment or that the defendant willfully, intentionally, and purposefully failed to make sufficient bona fide efforts to acquire the resources to pay.	All	Not provided for	At enforcement of fine or fee	Burden on government to show ability to pay	Determined by judge after hearing	Yes	Probation not revoked
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 479.260(1)	Court costs and fees, judicial education fund, purpose, administration	Municipalities by ordinance may provide for fees in an amount per case to be set pursuant to sections 488.010 to 488.020 for each municipal ordinance violation case filed before a municipal judge, and in + See more the event a defendant pleads guilty or is found guilty, the judge may assess costs against the defendant except in those cases where the defendant is found by the judge to be indigent and unable to pay the costs.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Fees not assessed.
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 600.090(1)	Determination of ability to pay all or part of representation costs--lien for reasonable value of services, procedure--deposit of funds collected	If a person is determined to be eligible for the services provided by the state public defender system and if, at the time such determination is made, he is able + See more to provide a limited cash contribution toward the cost of his representation without imposing a substantial hardship upon himself or his dependents, such contribution shall be required as a condition of his representation by the state public defender system.	All	Able to provide limited cash contribution without imposing substantial hardship upon himself or his dependents.	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Payment of total costs of representation
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 558.008	Revocation of a fine	A defendant who has been sentenced to pay a fine may at any time petition the sentencing court for a revocation of a fine or any unpaid portion thereof. If + See more it appears to the satisfaction of the court that the circumstances which warranted the imposition of the fine no longer exist or that it would otherwise be unjust to require payment of the fine, the court may revoke the fine or the unpaid portion in whole or in part or may modify the method of payment.	All	Unjust to require payment	At defendant's request at enforcement	Not provided for	Not provided for	No	Revocation of fine
Add to Dashboard + Create New	Missouri	Mo. Rev. Stat. § 479.260(2)	Court costs and fees, judicial education fund, purpose, administration	In municipal ordinance violation cases which are filed in the associate circuit division of the circuit court, fees shall be assessed in each case in an amount to be set + See more pursuant to sections 488.010 to 488.020. In the event a defendant pleads guilty or is found guilty, the judge shall assess costs against the defendant except in those cases where the defendant is found by the judge to be indigent and unable to pay the costs.	All	Indigent and unable to pay the costs	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Costs not assessed.
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 558.004(1)	Imposition of fines	In determining the amount and the method of payment of a fine, the court shall, insofar as practicable, proportion the fine to the burden that payment will impose in view + See more of the financial resources of an individual. The court shall not sentence an offender to pay a fine in any amount which will prevent him or her from making restitution or reparation to the victim of the offense.	All	Financial resources and burden caused by fine.	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Fine proportional to defendant's resources
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 600.086(3),(6)	Eligibility for representation, rules to establish--indigency, how determined, procedure, appeal--false statements, penalty--investigation authorized	3. The determination of indigency of any person seeking the services of the state public defender system shall be made by the defender or anyone serving under him at any + See more stage of the proceedings. Upon motion by either party, the court in which the case is pending shall have authority to determine whether the services of the public defender may be utilized by the defendant. Upon the courts finding that the defendant is not indigent, the public defender shall no longer represent the defendant. Any such person claiming indigency shall file with the court an affidavit which shall contain the factual information required by the commission under rules which may be established by the commission in determining indigency. 6. The burden shall lie on the accused or the defendant to convince the defender or the court of his eligibility to receive legal services, in any conference, hearing or question thereon.	All	Indigent	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Representation by public defender
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 488.020	Collection of court costs, when, how	Upon notification to the party from whom the fee is due, a failure to pay the fee after such notice, and a showing of the party's ability to pay the + See more fee, the court may hold the party in contempt.	All	Not provided for	At enforcement of fine or fee	Not provided for	Not provided for	No	N/A
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 488.65	Expungement cases under section 610.140, surcharge, amount, waiver	There shall be assessed as costs a surcharge in the amount of two hundred fifty dollars on all petitions for expungement filed under the provisions of section 610.140. The judge + See more may waive the surcharge if the petitioner is found by the judge to be indigent and unable to pay the costs.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Surcharge waiver
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 549.525(1)-(2)(1),(6)	Probation services for ordinance violators, certain cities--collection of fee for supervision and rehabilitation services provided--exemption	1. Any city with a population of more than three hundred fifty thousand inhabitants which is located in more than one county which provides probation services for persons convicted of + See more its ordinance violations may collect from the person placed on probation a fee of ten dollars per month for providing supervision and rehabilitation services. 2. The court may exempt a person from all or part of the contribution required in subsection 1 of this section if it finds any of the following factors exist: (1) The offender has diligently attempted, but has been unable, to obtain employment which provides him sufficient income to make such payments; . . . (6) There are other extenuating circumstances as determined by the court to exempt or partially reduce such payments;	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Exempt or partially reduce such payments.
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 546.54	Confinement of insane persons, costs paid, how	The sheriff or other officer having the custody of persons committed to the director of the department of mental health as provided in section 552.040 shall, if he deems it necessary to + See more their safe custody, confine them to the county jail until they shall be removed to a state hospital. If all things needful be not otherwise supplied, he shall furnish them, and, in such cases, the supplies for the indigent shall be paid for by the proper county commissions out of the county treasuries; and supplies for others than the indigent shall be repaid out of their estates, and may be recovered by suit in the name of such officer.	All	Indigent	Not provided for	Not provided for	Not provided for	No	Supplies paid for by the proper county commissions.
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 550.03	County to pay costs, when	When the defendant is sentenced to imprisonment in the county jail, or to pay a fine, or both, and is unable to pay the costs, the county in which the + See more indictment was found or information filed shall pay the costs, except such as were incurred on the part of the defendant.	All	Not provided for	Not provided for	Not provided for	Not provided for	No	County in which the indictment was found or information filed shall pay the costs
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 550.02(1)	State to pay certain costs	cIn all capital cases in which the defendant shall be convicted, and in all cases in which the defendant shall be sentenced to imprisonment in the penitentiary, and in cases + See more where such person is convicted of an offense punishable solely by imprisonment in the penitentiary and is sentenced to imprisonment in the county jail, workhouse or reform school because such person is under the age of eighteen years, the state shall pay the costs, if the defendant shall be unable to pay them, except costs incurred on behalf of defendant.	All	Not provided for	Not provided for	Not provided for	Not provided for	No	State shall pay the costs

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