Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Ability to Pay
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.
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See all ability to pay policy recommendations in CJPP’s Policy Guide
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- Idaho (2)
- Illinois (3)
- Indiana (8)
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- Utah (1)
- Vermont (3)
- (-) Virginia (5)
- Washington (3)
- Washington DC (3)
- West Virginia (9)
- Wisconsin (0)
- Wyoming (7)
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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.
5 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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Virginia | Va. Code Ann. § 53.1-150.1 | Substance abuse treatment as condition of parole - exemptions |
Any person who is granted parole and who is required to receive substance abuse treatment as a condition of parole shall contribute towards the cost of such treatment based upon + See morehis ability to pay, as established pursuant to regulations promulgated by the Board of Corrections. The regulations shall provide that (i) any fees collected for such treatment shall be paid directly to the service provider and (ii) any person may be exempt from the payment of such fees on the grounds of unreasonable hardship.
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All |
unreasonable hardship |
Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
exemption from payment of fees |
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Virginia | Va. Code Ann. § 18.2-57.3(D) | Education/treatment program sliding scale fee structure |
The court shall require the person entering such education or treatment program or services under the provisions of this section to pay all or part of the costs of the + See moreprogram or services, including the costs of any assessment, evaluation, testing, education and treatment, based upon the person's ability to pay. Such programs or services shall offer a sliding-scale fee structure or other mechanism to assist participants who are unable to pay the full costs of the required programs or services.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
sliding scale fee structure |
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Virginia | Va. Code Ann. § 18.2-251 | Program costs - ability to pay |
The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of + See morethe screening, assessment, testing, and treatment, based upon the accused's ability to pay unless the person is determined by the court to be indigent.
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All |
Indigence |
Before imposition of fine or fee | Not provided for | Other | Yes |
exemption from payment of fees |
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Virginia | Va. Code Ann. § 18.2-251.01(A) | Education fee - based upon ability to pay |
The services agency or program may require the person entering such program or services under the provisions of this section to pay a fee for the education and treatment component, + See moreor both, based upon the defendant's ability to pay.
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Felony | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Not specified |
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Virginia | Va. Code Ann. § 18.2-258.1(H) | Program costs - indigency |
The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of + See morethe screening, evaluation, testing and education, based upon the person's ability to pay unless the person is determined by the court to be indigent.
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All |
Indigence |
Before imposition of fine or fee | Not provided for | Other | Yes |
exemption from payment of fees |
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.