Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
Every law can be saved to the Reform Builder
See all ability to pay policy recommendations in CJPP’s Policy Guide
Below are the ability to pay laws that meet your search criteria. Many include a See related provisions prompt which searches our database for laws that may pertain to your result.
6 Results
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
|
Kentucky | Ky. Rev. Stat. Ann. § 534.030(2) | Fines for felonies |
(2) In determining the amount and method of paying a fine for commission of a felony, the court shall consider, among others, the following factors: (a) The defendant's ability to pay the amount of the fine; (b) The hardship likely to be imposed on the defendant's dependents by the amount of the fine and the time and method of paying it; (c) The impact the amount of the fine will have on the defendant's ability to make reparation or restitution to the victim; and (d) The amount of the defendant's gain, if any, derived from the commission of the offense.
|
Felony | Not provided for | Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
Not specified |
Add to Dashboard
|
Kentucky | Ky. Rev. Stat. Ann. § 534.045(1)-(3) | Assessment of reimbursement fee against jail prisoners; collection; fee determination; relevant evidence; modification |
(1) Pursuant to a conviction of a misdemeanor, including traffic offenses, where a person is sentenced to incarceration in the county jail, the District Court may assess a reimbursement fee to help defray the expenses of the prisoner's room and board. The reimbursement fee shall not exceed twenty-five percent (25%) of the prisoner's gross daily wages or forty dollars ($40) per day, whichever is less. All moneys shall be paid directly to the jailer.
(2) In determining whether a reimbursement fee as described in subsection (1) of this section is to be assessed, and in establishing the amount of the fee, the court shall consider evidence relevant to the prisoner's ability to pay the fee . . . (3) After considering all relevant evidence to the issue of the prisoner's ability to pay, the court shall enter as part of its judgment the amount of the reimbursement fee, if any, that shall be paid by the prisoner during his period of incarceration in the county jail. The fee shall bear a reasonable relationship to the person's income. Upon petition by the prisoner affected by the order, the amount may be modified to reflect any changes in the financial status of the prisoner. In any appeal that might be taken from the conviction, the amount of the reimbursement fee may be challenged. |
All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Not specified |
Add to Dashboard
|
Kentucky | Ky. Rev. Stat. Ann. § 510.320(2)-(3),(6) | Human immunodeficiency virus testing for defendants accused of certain sexual offenses; results; counseling when test positive; cost; effect of appeal |
(2) A defendant charged with an offense pursuant to this chapter which has sexual intercourse or deviate sexual intercourse as an element, or has sexual contact as an element when the circumstances of the case demonstrate a possibility of transmission of human immunodeficiency virus, shall upon initial court appearance on the charge, be informed by the judge of the availability of human immunodeficiency virus testing. The judge shall also notify the victim of the offense, or parent or guardian of the victim, that the defendant has been so notified.
(3) When a defendant has been convicted of any offense in subsection (2) of this section, other provisions of law to the contrary notwithstanding, the sentencing court, regardless of any prior human immunodeficiency virus test, shall order the defendant to undergo a human immunodeficiency virus test, under the direction of the Cabinet for Health and Family Services... (6) The cost of testing under this section shall be paid by the defendant tested, unless the court has determined the defendant to be indigent. |
All |
Indigency |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
Not specified |
Add to Dashboard
|
Kentucky | Ky. Rev. Stat. Ann. § 31.211(1) |
Determination of ability to pay partial fee for representation and services at arraignment; collection of unpaid partial fee by civil judgment; partial fee credited to local office or department; funds + See moreplaced in special trust and agency account
|
At arraignment, the court shall conduct a nonadversarial hearing to determine whether a person who has requested a public defender is able to pay a partial fee for legal representation, the other necessary services and facilities of representation, and court costs. The court shall order payment in an amount determined by the court and may order that the payment be made in a lump sum or by installment payments to recover money for representation provided under this chapter. This partial fee determination shall be made at each stage of the proceedings.
|
All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | Yes |
If the court finds that an individual is unable to pay (is "needy") the court shall waive all costs, see Ky. Rev. Stat. Ann. § 31.110 |
Add to Dashboard
|
Kentucky | Ky. Rev. Stat. Ann. § 24A.175 | Court costs for criminal cases in District Court; payment required; exceptions; treatment of minor defendant |
The taxation of court costs against a defendant, upon conviction in a case, including persons sentenced to state traffic school as provided under KRS 186.574, shall be mandatory and shall not be subject to probation, suspension, proration, deduction, or other form of nonimposition in the terms of a plea bargain or otherwise, unless the court finds that the defendant is a poor person as defined by KRS 453.190(2) and that he or she is unable to pay court costs and will be unable to pay the court costs in the foreseeable future.
|
All |
Not provided for |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Not specified |
Add to Dashboard
|
Kentucky | Ky. Rev. Stat. Ann. § 441.265(5) | "Required reimbursement by prisoner of costs of confinement; local policy of fee and expense rates; billing and collection methods" |
(5) The governing body of the county may require a prisoner who is confined in the county jail to pay a reasonable fee, not exceeding actual cost, for any medical treatment or service received by the prisoner. However, no prisoner confined in the jail shall be denied any necessary medical care because of inability to pay.
|
All |
Not provided for |
Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
N/A |
The Criminal Justice Debt Reform Builder is a project of the National Criminal Justice Debt Initiative of the Criminal Justice Policy Program at Harvard Law School in collaboration with the Berkman Klein Center for Internet & Society at Harvard University and with user experience design by metaLAB (at) Harvard.
For more information, please visit cjpp.law.harvard.edu.