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	Oklahoma	Okla. Stat. tit. 22, § 1355A	Application for representation by the System	except that the court may, based upon the financial information submitted, defer all or part of the fee if the court determines that the person does not have the financial + See more resources to pay the fee at time of application, to attach as a court fee upon conviction.	All	Not provided for	At enforcement of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Deferment of fee
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 814.29(1)	Security for costs, service and fees for indigents	1) (a) Except as provided in sub. (1m), any person may commence, prosecute or defend any action or special proceeding in any court, or any writ of error or appeal + See more therein, without beingrequired to give security for costs or to pay any service or fee, upon order of the court based on a finding that because of poverty the person is unable to pay the costs of the action or special proceeding, or any writ of error or appeal therein, or to give security for those costs. (b) A person seeking an order under par. (a) shall file in the court an affidavit in the form prescribed by the judicial conference, setting forth briefly the nature of the cause, defense or appeal and facts demonstrating his or her poverty. (c) The finding and order of the court under par. (a) shall be in the form prescribed by the judicial conference. The court may deny the request for an order if the court finds that the affidavit states no claim, defense or appeal upon which the court may grant relief. (d) The court shall make a finding of poverty and issue an order under par. (a) if the affidavit demonstrates any of the following: 1. That the person is a recipient of means?tested public assistance, including aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under s. 59.53 (21), medical assistance, supplemental security income, food stamps or benefits received by veterans under s. 45.40 (1m) or under 38 USC 501 to 562 [38 USC 1501 to 1562]. 2. That the person is represented by an attorney through a legal services program for indigent persons, including, without limitation, those funded by the federal legal services corporation, the state public defender or volunteer attorney programs based on indigence. 3. That the person is otherwise unable, because of poverty, to pay the costs of the action, proceeding or appeal or to give security for those costs. In determining the persons ability under this subdivision to pay or give security for fees and costs, the court shall consider the persons household size, income, expenses, assets and debts and the federal poverty guidelines under 42 USC 9902 (2).	All	In determining the persons ability under this subdivision to pay or give security for fees and costs, the court shall consider the persons household size, income, expenses, assets and debts + See more and the federal poverty guidelines under 42 USC 9902 (2).	Not provided for	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Not provided for
Add to Dashboard + Create New	Alaska	Alaska Stat. Ann. § 18.85.120	Determination of Indigency; Repayment	(a) The determination of a person's indigency shall be made by the court in which an action against the person is pending. The determination shall be made by the court + See more and shall set out the basis for the finding that the person is indigent. (b) In determining whether a person is indigent and in determining the extent of the person's inability to pay, the court shall consider such factors as income, property owned, outstanding obligations, and the number and ages of dependents. Release on bail does not preclude a finding that a person is indigent. In each case, the person, subject to the penalties for perjury, shall certify under oath, and in writing or by other record, material factors relative to the person's financial resources and ability to pay that the court prescribes.	All	"The court shall consider such factors as income, property owned, outstanding obligations, and the number and ages of dependents."	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Not provided for
Add to Dashboard + Create New	Delaware	10 Del. C. §8603(a)	Nonpayment of Costs	When a defendant who is required to pay the costs of defense defaults in the payment thereof or of any installment, the court on motion of the Attorney General or + See more upon its own motion may require the defendant to show cause why the default should not be treated as contempt of court, and may issue a rule or order to show cause why such default should not be treated as contempt of court, and may take such further actions as the court determines to produce the defendant before the court.	All	Not provided for	At enforcement of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Additional Time for Payment; Reducing Payment or Installment Amount; Revoking Payment in Whole or Unpaid Part.
Add to Dashboard + Create New	Delaware	10 Del. C. §8603(d)	Nonpayment of Costs	If it appears to the satisfaction of the court that the default in the payment of defense costs is not contempt, the court may enter an order allowing the defendant + See more additional time for payment, reducing the amount thereof or of each installment, or revoking such payment or the unpaid portion thereof in whole or in part.	All	Not provided for	At enforcement of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Additional Time for Payment; Reducing Payment or Installment Amount; Revoking Payment in Whole or Unpaid Part.
Add to Dashboard + Create New	Delaware	10 Del. C. §8601(d)	Recoupment of Costs	A defendant who has been required to pay the costs of defense and who is not in contumacious default in the payment thereof may at any time petition the court + See more for remission of the payment of such costs, or of 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 immediate family, the court may remit all or part of the amount due in costs, or modify the method of payment.	All	"Will impose manifest hardship on the defendant or immediate family."	At defendant's request at enforcement	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Remission of All or Part of Fee.
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 16-93-104(b)-(d)	Supervision Fee -- Direct Payment by Offender -- Failure to Pay	(b) (1) When an offender on probation defaults in the payment of supervision fees or any installment thereof, the court may require the offender to show cause why he or + See more she would not be imprisoned for nonpayment. (2) The offender shall not be imprisoned if the offender is financially unable to make the payments and states so to the court in writing, under oath, and the court so finds. (3) Unless the offender shows that his or her default was not attributable to a purposeful refusal to obey the sentence of the court or to a failure on his or her part to make a good faith effort to obtain the funds required for payment, the court may order the defendant imprisoned until the payments are made. (4) If the court determines that the default in payment is not attributable to the causes specified in subdivision (b)(3) of this section, the court may enter an order allowing the offender additional time for payment, reducing the amount of each installment, or revoking the fees or the unpaid portion thereof in whole or in part. (c) (1) The offender on parole may be imprisoned for violation of parole if the offender is financially able to make the payments and if the payments are not made and the Parole Board so finds, subject to the limitations set out in this subsection. (2) The offender shall not be imprisoned if the offender is financially unable to make the payments and states so under oath to the Parole Board in writing, and the Parole Board so finds. (d) Court costs under § 16-10-305 shall be collected in full before any fees are collected under this section.	All	"The offender is financially unable to make the payments."	Not provided for	Burden on defendant to show inability to pay	Determined by judge without hearing	Yes	Additional Time, Reduced Payments, Revoke Fees.
Add to Dashboard + Create New	Colorado	Colo. Rev. Stat. §18-24-103(3)	Collection and Distribution of Funds - Child Abuse Investigation Surcharge Fund - Creation	The court may waive all or any portion of the surcharge required by section 18-24-102 if the court finds that a person convicted of a crime against a child is + See more indigent or financially unable to pay all or any portion of the surcharge. The court may waive only that portion of the surcharge that the court finds that the person convicted of a crime against a child is financially unable to pay.	Felony, Misdemeanor	Not provided for	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Waived by the Court (All or Portion Unable to Pay).
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-650(5)	Drug demand reduction assessments; special fund	(5) If the court determines that the person has the ability to pay the monetary assessment and is eligible for probation or will not be sentenced to incarceration, unless otherwise required + See more by law, the court may order the person to undergo a substance abuse treatment program at the person’s expense. If the person undergoes a substance abuse treatment program at the person’s expense, the court may waive or reduce the amount of the monetary assessment. Upon a showing by the person that the person lacks the financial ability to pay all or part of the monetary assessment, the court may waive or reduce the amount of the monetary assessment.	All	Not provided for	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Waive or reduce amount of fee.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 147(e)	Counterfeit Marks — Manufacture, Use or Display.	Any person convicted under this section shall, in addition to any penalty imposed pursuant to subsection (b), be punished by a fine in an amount not to exceed three times + See more the retail value of the items bearing or of services identified by a counterfeit mark, unless extenuating circumstances are shown by the defendant.	Misdemeanor	Extenuating circumstances	Not provided for	Burden on defendant to show inability to pay	Determined by judge without hearing	Yes	N/A
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 90, § 24D	Drivers Convicted of Operating Motor Vehicle Under the Influence of Intoxicating Liquors or Controlled Substances.	Each person placed in a program of driver alcohol or controlled substance abuse education and, if deemed necessary by the court, a program of alcohol or controlled substance abuse treatment, + See more rehabilitation, or alcohol or controlled substance abuse treatment and rehabilitation pursuant to this section shall pay directly to such program a fee in an amount to be determined by the department of public health . . . No person may be excluded from said program for inability to pay the stated fee, provided that such person files an affidavit of indigency or inability to pay with the court within ten days of the date of disposition, that investigation by the probation officer confirms such indigency or establishes that the payment of such fee would cause a grave and serious hardship to such individual or to the family of such individual, and that the court enters a written finding thereof. In lieu of waiver of the entire amount of said fee, the court may direct such individual to make partial or installment payments of such fee when appropriate. Subject to appropriation, the department of public health shall reimburse each program for the costs of services provided to persons for whom payment of a fee has been waived on the grounds of indigency.	Traffic	Indigency; payment of such fee would cause a grave and serious hardship to such individual or to the family of such individual.	At defendant's request before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	Yes	Waiver, partial or installment payments of fee.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 90B, § 8(3)(B)	Operation of Vessel Under Influence of Liquor or Drugs; Water Skiing; Reckless Operation	The defendant shall pay for the cost of the services provided by the boating safety education course, the alcohol education or rehabilitation program, and the residential alcohol treatment program; however, + See more no person shall be excluded from said programs for inability to pay, provided that such person files an affidavit of indigency or inability to pay with the court, that investigation by the probation officer confirms such indigency or establishes that the payment of such fee would cause a grave and serious hardship to such individual or to the family of such individual, and that the court enters a written finding thereof. In lieu of waiver of the entire amount of said fee, the court may direct such individual to make partial or installment payments of the cost of said program.	Traffic	Cause a grave and serious hardship to such individual or to the family	At defendant's request before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	Yes	Waiver, partial or installment payments of fee.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 265, § 47	Probation of Sex Offenders; Geographic Exclusion Zones; GPS.	The fees incurred by installing, maintaining and operating the global positioning system device, or comparable device, shall be paid by the probationer. If the court finds that such fees would + See more cause a substantial financial hardship to the offender or the person’s immediate family or the person’s dependents, the court may waive such fees.	All	A substantial financial hardship to the offender or the person’s immediate family or the person’s dependents	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Fee waiver
Add to Dashboard + Create New	Idaho	Idaho Code § 31-3220A(2);(7)	Prisoner Payment of Fees at Time of Filing of Action -- Partial Payment of Fees -- Dismissal of Action	(2) A prisoner who seeks to file an action with partial payment of court fees required in sections 31-3201 and 31-3201A, Idaho Code, shall file the following at the time of filing of an + See more action: (a) A motion to proceed on partial payment of court fees under this section; (b) An affidavit of inability to pay all court fees at the time of filing the action, containing complete information as to: (i) The prisoner's identity; (ii) The nature and amount of the prisoner's income; (iii) The prisoner's spouse's income; (iv) The real and personal property owned; (v) His cash or checking accounts; (vi) His dependents; (vii) His debts; (viii) His monthly expenses; (ix) The nature of the action; (x) The affiant's belief that he is entitled to redress; The affidavit shall also contain the following statements: "I am unable to pay all court costs at the time of filing the action. I verify that the statements made in this affidavit are true and correct." The affidavit shall be sworn as required by law; (7) In no event shall a prisoner be prohibited from bringing an action for the reason that the prisoner has no assets and no means by which to pay the initial partial filing fee.	All	"Inability to pay all court fees at the time of filing the action."	At defendant's request before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Partial prepayment of fees, costs or security and the imposition of a monthly payment plan.
Add to Dashboard + Create New	Minnesota	Minn. R. Crim. P. 28.02(5)(9)	Appeal by defendant	All fees--including appeal fees, hearing fees, or filing fees--ordinarily charged by the clerk of the appellate courts or court administrators are waived when the State Public Defender's office, or other + See more public defender's office, represents the defendant. The court must also waive these fees on a sufficient showing by any other attorney that the defendant cannot pay them.	All	Not provided for	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Fee waiver
Add to Dashboard + Create New	Minnesota	Minn. Stat. Ann. § 609.101(5)(b)	Surcharge on Fines, Assessments; Minimum Fines	If the defendant qualifies for the services of a public defender or the court finds on the record that the convicted person is indigent or that immediate payment of the + See more fine would create undue hardship for the convicted person or that person’s immediate family, the court may reduce the amount of the minimum fine to not less than $ 50. Additionally, the court may permit the defendant to perform community work service in lieu of a fine.	All	Indigent or that immediate payment of the fine would create undue hardship for the convicted person or that person’s immediate family.	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Maximum $50 fine or community service.
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	Ohio	Ohio Rev. Code § 2929.18(B)(1)	Financial sanctions; restitution; reimbursements	(B)(1) For a first, second, or third degree felony violation of any provision of Chapter 2925., 3719., or 4729. of the Revised Code, the sentencing court shall impose upon the + See more offender a mandatory fine of at least one-half of, but not more than, the maximum statutory fine amount authorized for the level of the offense pursuant to division (A)(3) of this section. If an offender alleges in an affidavit filed with the court prior to sentencing that the offender is indigent and unable to pay the mandatory fine and if the court determines the offender is an indigent person and is unable to pay the mandatory fine described in this division, the court shall not impose the mandatory fine upon the offender.	All	Indigent	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Court shall not impose the mandatory fine upon the offender.
Add to Dashboard + Create New	Texas	Tex. Code Crim. Proc. art. 42.038(c)-(d)	Reimbursement for Confinement Expenses	(c) A judge may not require reimbursement under this article if the judge determines the defendant is indigent based on the defendant’s sworn statement or affidavit filed with the court. + See more A court that requires reimbursement under this article may require the defendant to reimburse the county only for those days the defendant is confined after the date of conviction or on which a plea of guilty or nolo contendere was entered. The court may not require a defendant to reimburse the county for those days the defendant was confined after arrest and before the date of conviction or on which the plea of guilty or nolo contendere was entered. (d) The court, in determining whether to order reimbursement under this article, shall consider: (1) the defendant’s employment status, earning ability, and financial resources; and (2) any other special circumstances that may affect the defendant’s ability to pay, including child support obligations and including any financial responsibilities owed by the defendant to dependents or restitution payments owed by the defendant to a victim.	Misdemeanor	The defendant’s employment status, earning ability, and financial resources; and any other special circumstances that may affect the defendant’s ability to pay, including child support obligations and including any financial + See more responsibilities owed by the defendant to dependents or restitution payments owed by the defendant to a victim.	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	May not require reimbursement.
Add to Dashboard + Create New	West Virginia	W. Va. Code § 61-11A-5(a)	Restitution; procedure for issuing order	(a) The court, in determining whether to order restitution under this article, and in determining the amount of such restitution, shall consider the amount of the loss sustained by any + See more victim as a result of the offense, the financial resources of the defendant, the financial needs and earning ability of the defendant and the defendant's dependents, and such factors as the court deems appropriate.	All	… shall consider … the financial resources of the defendant, the financial needs and earning ability of the defendant and the defendant's dependents	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	Yes	No restitution or lower amount of restitution

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