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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
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Colorado C.R.S. 16-18.5-104(1);(3) Initial Collections Investigation - Payment Schedule

(1)  Orders for restitution shall be due and payable at the time that the order of conviction is entered. Unless the defendant is sentenced to the custody of the executive director

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of the department of corrections, if at the time that the court enters an order for restitution pursuant to section 18-1.3-603, C.R.S., the defendant alleges that he or she cannot pay the full amount of restitution, the court shall direct that the defendant report immediately to the collections investigator.... (3)(a) Upon referral of a defendant pursuant to subsection (2) of this section, the collections investigator shall conduct an investigation into the financial ability of the defendant to pay the restitution ordered by the court. Such investigation may consist of but is not limited to: (I)  Submission of written financial affidavits or disclosures of the defendant's personal, household, and business income, assets, and liabilities; (II)  Submission to an oral examination of the defendant's financial circumstances; (III)  Submission of books, papers, documents, or other tangible things related to the defendant's financial circumstances including but not limited to: (A)  Payroll stubs; (B)  Financial institution account statements; (C)  Stock certificates; (D)  Deeds, titles, or other evidence of ownership; (E)  State and federal tax records; and (F)  Insurance policies and statements; (IV)  Research and verification of all oral and written statements made by the defendant. (b)  In the case of a juvenile defendant, the collections investigator may conduct the investigation into the juvenile's parents' or legal guardian's financial circumstances as well as the juvenile's. (c)  For purposes of conducting the investigation required by this subsection (3), the collections investigator shall have access to data maintained by other state agencies including but not limited to wage data, employment data, and income tax data. The judicial department and any other departments are authorized to enter into agreements for the sharing of such data. (d)  Notwithstanding the provisions of article 72 of title 24, C.R.S., documents and information obtained by the collections investigators pursuant to this subsection (3) shall not be public records, but shall be open to public inspection only upon an order of the court based on a finding of good cause. Documents and information obtained by the collection investigators may be made available to the victim and to any private collection agency or third party with whom the judicial department may contract for the collection of past due restitution. In addition, if any warrant is issued for the arrest of any defendant due to nonpayment of restitution, information concerning the defendant's address and place of employment may be shared with a criminal justice agency.

All Not provided for At enforcement of fine or fee Burden on government to show ability to pay Administrative decision No Not provided for
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Colorado C.R.S. 16-18.5-105 Monitoring - Default - Penalties

Whenever a defendant fails to make a payment of restitution within seven days after the date that the payment is due pursuant to a payment schedule established pursuant to this

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article, in addition to any other remedy, the collections investigator may: (a)  Conduct an additional financial investigation of the defendant as described in section 16-18.5-104 (3).

All Not provided for At enforcement of fine or fee Burden on government to show ability to pay Administrative decision No Not provided for
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Washington Wash. Rev. Code Ann. § 9.94B.040(4)(c) Noncompliance with condition or requirement of sentence — Procedure — Penalty.

(c) The state has the burden of showing noncompliance by a preponderance of the evidence. The court may not sanction the offender for failure to pay legal financial obligations unless

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the court finds, after a hearing and on the record, that the failure to pay is willful. A failure to pay is willful if the offender has the current ability to pay but refuses to do so. In determining whether the offender has the current ability to pay, the court shall inquire into and consider: (i) The offender’s income and assets; (ii) the offender’s basic living costs as defined by RCW 10.101.010 and other liabilities including child support and other legal financial obligations; and (iii) the offender’s bona fide efforts to acquire additional resources. An offender who is indigent as defined by RCW 10.101.010(3) (a) through (c) is presumed to lack the current ability to pay;

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Court shall inquire into and consider: (i) The offender’s income and assets; (ii) the offender’s basic living costs as defined by RCW 10.101.010 and other liabilities including child support and

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other legal financial obligations; and (iii) the offender’s bona fide efforts to acquire additional resources; indigent.

At enforcement of fine or fee Burden on government to show ability to pay Determined by judge without hearing No

Court may not sanction the offender for failure to pay legal financial obligations