Ability to Pay

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State Statute Description/Statute Name Statutory language Type of financial obligation Type of court Level of offense Definition of ability to pay Timeline Burden of proof Hearing requirements Method of determination Mandatory Remedies if unable to pay
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Connecticut Conn. Gen. Stat. § 18-100e(d) Pilot zero-tolerance drug supervision program urinalysis fee
(d) Any person who has submitted to a urinalysis drug test pursuant to subsection (c) of this section that produced a positive result may request that a second urinalysis drug
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test be administered, at such person’s expense, to confirm the results of the first test, except that if the participant is determined to be indigent, based upon financial affidavits, the Department of Correction shall pay the cost of the test. The second drug test shall be a urinalysis drug test, separate and independent of the initial test.
Fee State, Municipal All

indigent, based upon financial affidavits

Before imposition of fine or fee Not provided for

determination based on financial affidavits

Administrative decision Yes

Department of Correction shall pay the cost

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Connecticut Conn. Gen. Stat. § 53a-28(c) Authorized sentences.
In determining the appropriate terms of financial restitution, the court shall consider: (A) The financial resources of the offender and the burden restitution will place on other obligations of the
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offender; (B) the offender’s ability to pay based on installments or other conditions; (C) the rehabilitative effect on the offender of the payment of restitution and the method of payment; and (D) other circumstances, including the financial burden and impact on the victim, that the court determines make the terms of restitution appropriate. If the court determines that the current financial resources of the offender or the offender’s current ability to pay based on installments or other conditions are such that no appropriate terms of restitution can be determined, the court may forego setting such terms.
Restitution State, Municipal All

current financial resources of the offender or the offender’s current ability to pay based on installments or other conditions are such that no appropriate terms of restitution can be determined

Before imposition of fine or fee Not provided for Not provided for Not provided for Yes

The court may forgo setting restitution

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Connecticut Conn. Gen. Stat. § Sec. 53a-39c(b) Community service labor program.
no person may be excluded from such program for inability to pay such fee, provided (1) such person files with the court an affidavit of indigency or inability to pay,
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(2) such indigency is confirmed by the Court Support Services Division, and (3) the court enters a finding thereof.
Fee State, Municipal All

indigency

Before imposition of fine or fee Burden on defendant to show inability to pay

affidavit filed with the court

Not provided for Yes

admission to program without paying fees

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Connecticut Conn. Gen. Stat. § 54-56e(e) Accelerated pretrial rehabilitation
No person may be excluded from such program for inability to pay such fee, provided (1) such person files with the court an affidavit of indigency or inability to pay,
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(2) such indigency or inability to pay is confirmed by the Court Support Services Division, and (3) the court enters a finding thereof.
Fee State, Municipal All

indigency

Before imposition of fine or fee Burden on defendant to show inability to pay

affidavit filed with the court

Not provided for Yes

admission to program without paying fees

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Connecticut Conn. Gen. Stat. § Sec. 54-56g(c) Pretrial alcohol education program
No person may be excluded from either program for inability to pay such fee or cost, provided (1) such person files with the court an affidavit of indigency or inability
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to pay, (2) such indigency or inability to pay is confirmed by the Court Support Services Division, and (3) the court enters a finding thereof. If the court finds that a person is indigent or unable to pay for a treatment program, the costs of such program shall be paid from the pretrial account established under section 54-56k. If the court finds that a person is indigent or unable to pay for an intervention program, the court may waive all or any portion of the fee for such intervention program.
Fee State, Municipal All

indigency

Before imposition of fine or fee Burden on defendant to show inability to pay

affidavit filed with the court

Not provided for Yes

costs of such program shall be paid from the pretrial account

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Connecticut Conn. Gen. Stat. § Sec. 54-56g(g) Pretrial alcohol education program victim impact panel program fees such organization shall offer a hardship waiver when it has determined that the imposition of a fee would pose an economic hardship for such person. Fee State, Municipal All

economic hardship

Before imposition of fine or fee Not provided for Not provided for Not provided for Yes

hardship waiver

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Connecticut Conn. Gen. Stat. § 54-56i(g) Pretrial drug education and community service program.
No person may be excluded from any such program for inability to pay such fee or cost, provided (1) such person files with the court an affidavit of indigency or
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inability to pay, (2) such indigency or inability to pay is confirmed by the Court Support Services Division, and (3) the court enters a finding thereof. The court may waive all or any portion of such fee depending on such person’s ability to pay. If the court finds that a person is indigent or unable to pay for a substance abuse treatment program, the costs of such program shall be paid from the pretrial account established under section 54-56k.
Fee State, Municipal All

indigency

Before imposition of fine or fee Burden on defendant to show inability to pay

affidavit filed with the court

Not provided for Yes

costs of such program shall be paid from the pretrial account

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Connecticut Conn. Gen. Stat. § Sec. 54-56j(f) Pretrial school violence prevention program.
no student shall be excluded from such program for inability to pay such cost provided (1) the parent or guardian of such student files with the court an affidavit of
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indigency or inability to pay, and (2) the court enters a finding thereof.
Fee State, Municipal All

indigency

Before imposition of fine or fee Burden on defendant to show inability to pay

affidavit filed with the court

Not provided for Yes

admission to program without paying fees

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Connecticut Conn. Gen. Stat. § 54-125f(d) Pilot zero-tolerance drug supervision program. if the participant is determined to be indigent, based upon financial affidavits, the Board of Pardons and Paroles shall pay the cost of the test Fee State, Municipal All

indigent, based upon financial affidavits

Before imposition of fine or fee Not provided for

determination based on financial affidavits

Administrative decision Yes

Department of Correction shall pay the cost

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Connecticut Conn. Gen. Stat. § 46b-38c(i) Pretrial family violence education program; fees.
no person shall be excluded from such program for inability to pay any such fee, provided (1) the person files with the court an affidavit of indigency or inability to
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pay, and (2) the court enters a finding thereof
Fee State, Municipal All

indigency

Before imposition of fine or fee Burden on defendant to show inability to pay

affidavit filed with the court

Not provided for Yes

admission to program without paying fees

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Connecticut Conn. Gen. Stat. § 17a-696 Order for suspension of prosecution and treatment for alcohol or drug dependency. The accused person shall, unless indigent, pay the cost of treatment ordered under this section. Fee State, Municipal All

indigent

Before imposition of fine or fee Not provided for Not provided for Not provided for Yes

waiver of cost of treatment

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Connecticut Conn. Gen. Stat. § 17a-696 Order for suspension of prosecution and treatment for alcohol or drug dependency. (4) the accused person, unless such accused person is indigent, has paid to the clerk of the court an administration fee of twenty-five dollars. Fee State, Municipal All

indigent

Before imposition of fine or fee Not provided for Not provided for Not provided for Yes

waiver of fee