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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.
15 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 | |
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Montana | Mont. Code Ann. § 45-5-206(5) | Partner or Family Member Assault -- Penalty |
In addition to any sentence imposed under subsections (3) and (4), after determining the financial resources and future ability of the offender to pay restitution as provided for in 46-18-242, + See morethe court shall require the offender, if able, to pay the victim's reasonable actual medical, housing, wage loss, and counseling costs.
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Felony | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
No payment of fee |
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Montana | Mont. Code Ann. § 45-5-206(6) | Partner or Family Member Assault -- Penalty |
In addition to the requirements of subsection (5), if financially able, the offender must be ordered to pay for the costs of the offender's probation, if probation is ordered by + See morethe court.
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Felony | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
No payment of fee |
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Montana | Mont. Code Ann. § 45-5-503(5) | Sexual intercourse without consent |
In addition to any sentence imposed under subsection (2) or (3), after determining the financial resources and future ability of the offender to pay restitution as required by 46-18-242, the + See morecourt shall require the offender, if able, to pay the victim's reasonable medical and counseling costs that result from the offense. The amount, method, and time of payment must be determined in the same manner as provided for in 46-18-244.
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Felony | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Lower restitution amounts or alternative forms of restitution may be available |
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Montana | Mont. Code Ann. § 45-5-507(6) | Incest |
In addition to any sentence imposed under subsection (3), (4), or (5), after determining the financial resources and future ability of the offender to pay restitution as required by 46-18-242, + See morethe court shall require the offender, if able, to pay the victim's reasonable costs of counseling that result from the offense. The amount, method, and time of payment must be determined in the same manner as provided for in 46-18-244.
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Felony | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Lower restitution amounts or alternative forms of restitution may be available |
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Montana | Mont. Code Ann. § 45-5-621(3) | Nonsupport |
If a defense to the charge of nonsupport is inability to pay, the person's inability must be the result of circumstances over which the person had no control. In determining + See moreability to pay, after an allowance for the person's minimal subsistence needs, the support of a spouse, child, or other dependent has priority over any other obligations of the person.
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Misdemeanor, Felony | Not provided for | Before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | Yes |
This is a defense in a nonpayment case |
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Montana | Mont. Code Ann. § 45-5-621(13) | Nonsupport |
The court may order that a term of imprisonment imposed under this section be served in another facility made available by the county and approved by the sentencing court. The + See moreoffender, if financially able, shall bear the expense of the imprisonment.
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Felony | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
No payment of fee |
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Montana | Mont. Code Ann. § 45-5-627(4) | Ritual abuse of minor--exceptions--penalty |
In addition to any sentence imposed under subsection (3), after determining pursuant to 46-18-242 the financial resources and future ability of the offender to pay restitution, the court shall require + See morethe offender, if able, to pay the victim's reasonable costs of counseling that result from the offense. The amount, method, and time of payment must be determined in the same manner as provided for in 46-18-244.
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Felony | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Lower restitution amounts or alternative forms of restitution may be available |
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Montana | Mont. Code Ann. § 45-6-101(2) | Criminal Mischief |
A person convicted of criminal mischief must be ordered to make restitution in an amount and manner to be set by the court. The court shall determine the manner and + See moreamount of restitution after full consideration of the convicted person's ability to pay the restitution. Upon good cause shown by the convicted person, the court may modify any previous order specifying the amount and manner of restitution. Full payment of the amount of restitution ordered must be made prior to the release of state jurisdiction over the person convicted.
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Misdemeanor | Not provided for | Before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | Yes |
Determine amount of restitution accordingly. |
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Montana | Mont. Code Ann. § 45-9-102(5)(c)(ii) | Criminal possession of dangerous drugs |
The court shall, as conditions of probation pursuant to subsection (5)(a), order: (ii) payment of the costs of imprisonment, probation, and any methamphetamine treatment by the person if the person + See moreis financially able to pay those costs
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Felony | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Waive or reduce fee |
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Montana | Mont. Code Ann. § 46-1-1112(2) | Funding [of drug treatment courts] |
A drug offender shall pay the total cost or a reasonable portion of the cost to participate. The cost paid by a drug offender may not exceed $300 a month. + See moreThe costs assessed must be compensatory and not punitive in nature and must take into account the drug offender's ability to pay. Upon a showing of indigency, the drug treatment court may reduce or waive costs under this subsection (2).
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Misdemeanor |
Indigency |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | Yes |
Waive or reduce fee |
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Montana | Mont. Code Ann. § 46-1-1212(2) | Funding [of mental health treatment courts] |
A participant shall pay the total cost or a reasonable portion of the cost to participate. The cost paid by a participant may not exceed $300 a month. The costs + See moreassessed must be compensatory and not punitive in nature and must take into account the participant's ability to pay. Upon a showing of indigency, the mental health treatment court may reduce or waive costs under this subsection.
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Misdemeanor |
Indigency |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | Yes |
Waive or reduce fee |
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Montana | Mont. Code Ann. § 46-8-113 | Payment by defendant for assigned counsel--costs to be filed with court |
(3) In any proceeding for the determination of whether a defendant is or will be able to pay the costs of counsel, the court shall question the defendant as to + See morethe defendant's ability to pay those costs and shall inform the defendant that purposely false or misleading statements by the defendant may result in criminal charges against the defendant.
(4) The court may not sentence a defendant to pay the costs for assigned counsel unless the defendant is or will be able to pay the costs imposed by subsection (1). The court may find that the defendant is able to pay only a portion of the costs assessed. In determining the amount and method of payment of costs, the court shall take into account the financial resources of the defendant and the nature of the burden that payment of costs will impose.
(5) A defendant who has been sentenced to pay costs may at any time petition the court that sentenced the defendant for remission of the payment of costs or of any unpaid portion of the costs. 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 remit all or part of the amount due in costs or modify the method of payment.
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Misdemeanor | Not provided for | Before imposition of fine or fee | Not provided for | Determined by judge after hearing | Yes |
Waive or reduce fee |
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Montana | Mont. Code Ann. § 46-18-236(2) | Imposition of charge upon conviction or forfeiture--administration |
If a convicting court determines under 46-18-231 and 46-18-232 that the person is not able to pay the fine and costs or that the person is unable to pay within + See morea reasonable time, the court shall waive payment of the charge imposed by this section.
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All |
As determined under Mont. Code Ann. § 46-18-231 and Mont. Code Ann. § 46-18-232 |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Waive surcharge |
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Montana | Mont. Code Ann. § 46-18-231(3) | Fines in felony and misdemeanor cases |
The sentencing judge may not sentence an offender to pay a fine unless the offender is or will be able to pay the fine. In determining the amount and method + See moreof payment, the sentencing judge shall take into account the nature of the crime committed, the financial resources of the offender, and the nature of the burden that payment of the fine will impose.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Determine amount of fine accordingly |
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Montana | Mont. Code Ann. § 46-18-232 | Payment of costs by defendant |
The court may not sentence a defendant to pay costs unless the defendant is or will be able to pay them. In determining the amount and method of payment of + See morecosts, the court shall take into account the financial resources of the defendant, the future ability of the defendant to pay costs, and the nature of the burden that payment of costs will impose. A defendant who has been sentenced to pay costs and who is not in default in the payment may at any time petition the court that sentenced the defendant for remission of the payment of costs or of any unpaid portion of the costs. 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 remit all or part of the amount due in costs or modify the method of payment.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Waive or reduce fee |
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