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.
Every law can be saved to the Reform Builder
See all ability to pay policy recommendations in CJPP’s Policy Guide
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.
40 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 | |
---|---|---|---|---|---|---|---|---|---|---|---|
Add to Dashboard
|
Florida | Fla. Stat. §27.52(2) | Determination of indigent statutus |
(2) DETERMINATION BY THE CLERK.—The clerk of the court shall determine whether an applicant seeking appointment of a public defender is indigent based upon the information provided in the application and + See morethe criteria prescribed in this subsection.(a) An applicant, including an applicant who is a minor or an adult tax-dependent person, is indigent if the applicant’s income is equal to or below 200 percent of the then-current federal poverty guidelines prescribed for the size of the household of the applicant by the United States Department of Health and Human Services or if the person is receiving Temporary Assistance for Needy Families-Cash Assistance, poverty-related veterans’ benefits, or Supplemental Security Income (SSI).
1. There is a presumption that the applicant is not indigent if the applicant owns, or has equity in, any intangible or tangible personal property or real property or the expectancy of an interest in any such property having a net equity value of $2,500 or more, excluding the value of the person’s homestead and one vehicle having a net value not exceeding $5,000.
2. Notwithstanding the information that the applicant provides, the clerk may conduct a review of the property records for the county in which the applicant resides and the motor vehicle title records of the state to identify any property interests of the applicant under this paragraph. The clerk may evaluate and consider the results of the review in making a determination under this subsection. If the review is conducted, the clerk shall maintain the results of the review in a file with the application and provide the file to the court if the applicant seeks review under subsection (4) of the clerk’s determination of indigent status.
(b) Based upon its review, the clerk shall make one of the following determinations:
1. The applicant is not indigent.
2. The applicant is indigent.
|
All |
Inability to pay: Indigent (An applicant, including an applicant who is a minor or an adult tax-dependent person, is indigent if the applicant’s income is equal to or below 200 percent of the then-current federal poverty guidelines).
|
Before imposition of fine or fee | Burden on defendant to show inability to pay | Other | No |
Supervision fee |
Add to Dashboard
|
Oklahoma | Okla. Stat. tit. 22, § 991a(A)(4) | Sentencing powers of court--Alcohol and drug assessment and evaluation--Restitution, fines, or incarceration--Victim impact statements--Probation and monitoring--DNA samples |
if, in the opinion of the court, the defendant is able to pay without imposing manifest hardship on the defendant, and if the costs incurred by the Bureau during the + See moreinvestigation of the defendant's case may be determined with reasonable certainty;
|
All | Not provided for | Not provided for | Not provided for | Other | Yes |
None specified |
Add to Dashboard
|
Michigan | Mich. Comp. Laws § 780.794(11) | Juvenile probation |
(11) If the juvenile is placed on probation, any restitution ordered under this section shall be a condition of that probation. The court may revoke probation if the juvenile fails + See moreto comply with the order and if the juvenile has not made a good faith effort to comply with the order. In determining whether to revoke probation, the court shall consider the juvenile's employment status, earning ability, and financial resources, the willfulness of the juvenile's failure to pay, and any other special circumstances that may have a bearing on the juvenile's ability to pay.
|
All | Not provided for | Not provided for | Not provided for | Other | No |
Modification of the amount or method of payment |
Add to Dashboard
|
Michigan | Mich. Comp. Laws § 780.794(12) | Juvenile probation |
(12) Subject to subsection (18), a juvenile who is required to pay restitution and who is not in willful default of the payment of the restitution may at any time + See morepetition the court to modify the method of payment. If the court determines that payment under the order will impose a manifest hardship on the juvenile or his or her immediate family, and if the court also determines that modifying the method of payment will not impose a manifest hardship on the victim, the court may modify the method of payment.
|
All | Not provided for | Not provided for | Not provided for | Other | Yes |
Not specified |
Add to Dashboard
|
Michigan | Mich. Comp. Laws § 780.794(14) | Juvenile probation |
(14) Notwithstanding any other provision of this section, a juvenile shall not be detained or imprisoned for a violation of probation or parole or otherwise for failure to pay restitution + See moreas ordered under this section unless the court determines that the juvenile has the resources to pay the ordered restitution and has not made a good faith effort to do so.
|
All | Not provided for | Not provided for | Not provided for | Other | Yes |
Not specified |
Add to Dashboard
|
Michigan | Mich. Comp. Laws § 780.794(15) | Juvenile probation |
(15) If the court determines that the juvenile is or will be unable to pay all of the restitution ordered, after notice to the juvenile's parent or parents and an + See moreopportunity for the parent or parents to be heard, the court may order the parent or parents having supervisory responsibility for the juvenile at the time of the acts upon which an order of restitution is based to pay any portion of the restitution ordered that is outstanding. . .
|
All | Not provided for | Not provided for | Not provided for | Other | Yes |
Not specified |
Add to Dashboard
|
Michigan | Mich. Comp. Laws § 780.794(16) | Juvenile probation |
(16) If the court orders a parent to pay restitution under subsection (15), the court shall take into account the parent's financial resources and the burden that the payment of + See morerestitution will impose
|
All | Not provided for | Not provided for | Not provided for | Other | Yes |
Not specified |
Add to Dashboard
|
Michigan | Mich. Comp. Laws § 780.794(17) | Juvenile probation |
(17) A parent who has been ordered to pay restitution under subsection (15) may petition the court for a modification of the amount of restitution owed by the parent or + See morefor a cancellation of any unpaid portion of the parent's obligation. The court shall cancel all or part of the parent's obligation due if the court determines that payment of the amount due will impose a manifest hardship on the parent and if the court also determines that modifying the method of payment will not impose a manifest hardship on the victim.
|
All | Not provided for | Not provided for | Not provided for | Other | Yes |
Not specified |
Add to Dashboard
|
Michigan | Mich. Comp. Laws § 769.1a(10-14) | Restitution - limitations |
(10) If not otherwise provided by the court under this subsection, restitution shall be made immediately. However, the court may require that the defendant make restitution under this section within + See morea specified period or in specified installments.
(11) If the defendant is placed on probation or paroled or the court imposes a conditional sentence under section 3 of this chapter, any restitution ordered under this section shall be a condition of that probation, parole, or sentence. The court may revoke probation or impose imprisonment under the conditional sentence and the parole board may revoke parole if the defendant fails to comply with the order and if the defendant has not made a good faith effort to comply with the order. In determining whether to revoke probation or parole or impose imprisonment, the court or parole board shall consider the defendant's employment status, earning ability, and financial resources, the willfulness of the defendant's failure to pay, and any other special circumstances that may have a bearing on the defendant's ability to pay.
(12) A defendant who is required to pay restitution and who is not in willful default of the payment of the restitution may at any time petition the sentencing judge or his or her successor to modify the method of payment. If the court determines that payment under the order will impose a manifest hardship on the defendant or his or her immediate family, the court may modify the method of payment.
. . .
(14) Notwithstanding any other provision of this section, a defendant shall not be imprisoned, jailed, or incarcerated for a violation of probation or parole or otherwise for failure to pay restitution as ordered under this section unless the court or parole board determines that the defendant has the resources to pay the ordered restitution and has not made a good faith effort to do so.
|
All | Not provided for | Not provided for | Not provided for | Other | No |
Change method of payment; not make condition of probation, parole, or sentence |
Add to Dashboard
|
Michigan | Mich. Comp. Laws § 769.1b | Review hearing for juvenile placed on probation and committed |
If legal counsel has not been retained or appointed to represent the juvenile, the court shall appoint legal counsel and may assess the cost of providing counsel as costs against + See morethe juvenile or those responsible for the juvenile's support, or both, if the persons to be assessed are financially able to comply.
|
All | Not provided for | Not provided for | Not provided for | Other | Yes |
Not specified |
Add to Dashboard
|
Michigan | Mich. Comp. Laws § 771.3c | Order of probation; probation supervision fee; allocation of money collected for multiple obligations; juvenile committed pursuant to youth rehabilitation services act |
The court may order a higher amount than indicated by the table, up to the maximum of $135.00 multiplied by the number of months of probation ordered, but not more + See morethan 60 months, if the court determines that the probationer has sufficient assets or other financial resources to warrant the higher amount. If the court orders a higher amount, the amount and the reasons for ordering that amount shall be stated in the court order. The fee shall be collected as provided in section 25a of the corrections code of 1953, 1953 PA 232, MCL 791.225a. A person shall not be subject to more than 1 supervision fee at the same time. If a supervision fee is ordered for a person for any month or months during which that person already is subject to a supervision fee, the court shall waive the fee having the shorter remaining duration.
|
All | Not provided for | Not provided for | Not provided for | Other | No |
Not specified |
Add to Dashboard
|
Washington DC | DC ST § 11-2604 (f) | Payment for representation |
(f) If a person for whom counsel is appointed under this section appeals to the District of Columbia Court of Appeals, such person may do so without prepayment of fees + See moreand costs or security therefor and without filing the affidavit required by section 1915(a) of title 28, United States Code.
|
All | Not provided for | Before imposition of fine or fee | Not provided for | Other | Yes |
May proceed without prepayment of fees |
Add to Dashboard
|
New Jersey | N.J. Stat. Ann. § 2C:45-1 | Conditions of Suspension or Probation | This fee may be waived in cases of indigency upon application by the chief probation officer to the sentencing court. | All | Not provided for | Not provided for | Not provided for | Other | No |
waived |
Add to Dashboard
|
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.
|
All |
Indigence |
Before imposition of fine or fee | Not provided for | Other | Yes |
exemption from payment of fees |
Add to Dashboard
|
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.
|
All |
Indigence |
Before imposition of fine or fee | Not provided for | Other | Yes |
exemption from payment of fees |
Add to Dashboard
|
Mississippi | Miss. Code Ann. § 99-19-20 (2) | Fines; payment; indigent defendants; inability to work or unavailability of work |
The defendant shall not be imprisoned if the defendant is financially unable to pay a fine and so states to the court in writing, under oath, after sentence is pronounced, + See moreand the court so finds
|
All | Not provided for | At defendant's request at enforcement | Burden on defendant to show inability to pay | Other | Yes |
work for the county |
Add to Dashboard
|
Florida | Fla. Stat. §922.04 | Discharge of prisoner unable to pay fine |
When the court determines on the written application of a prisoner that he or she has been imprisoned for 60 days solely for failure to pay a fine or costs + See morewhich total not more than $300 and that the prisoner is indigent and unable to pay the fine or costs, the court shall order the prisoner discharged from custody.
|
All |
Inability to pay: Indigent and unable to pay cost not more than $300 |
Not provided for | Not provided for | Other | Yes |
Discharge or Release from custody |
Add to Dashboard
|
Florida | Fla. Stat. §938.27(4) | Judgment for costs of prosecution and investigation |
Any dispute as to the proper amount or type of costs shall be resolved by the court by the preponderance of the evidence. The burden of demonstrating the amount of + See morecosts incurred is on the state attorney. The burden of demonstrating the financial resources of the defendant and the financial needs of the defendant is on the defendant. The burden of demonstrating such other matters as the court deems appropriate is upon the party designated by the court as justice requires.
|
All |
Factors to be considered: Financial resources of the defendant and the financial needs of the defendant is on the defendant. |
At defendant's request at enforcement | Burden on defendant to show inability to pay | Other | No |
Not specified |
Add to Dashboard
|
Florida | Fla. Stat. §27.52(2) | Determination of indigent statutus |
(2) DETERMINATION BY THE CLERK.The clerk of the court shall determine whether an applicant seeking appointment of a public defender is indigent based upon the information provided in the application + See moreand the criteria prescribed in this subsection.(a) An applicant, including an applicant who is a minor or an adult tax-dependent person, is indigent if the applicants income is equal to or below 200 percent of the then-current federal poverty guidelines prescribed for the size of the household of the applicant by the United States Department of Health and Human Services or if the person is receiving Temporary Assistance for Needy Families-Cash Assistance, poverty-related veterans benefits, or Supplemental Security Income (SSI).
1. There is a presumption that the applicant is not indigent if the applicant owns, or has equity in, any intangible or tangible personal property or real property or the expectancy of an interest in any such property having a net equity value of $2,500 or more, excluding the value of the persons homestead and one vehicle having a net value not exceeding $5,000.
2. Notwithstanding the information that the applicant provides, the clerk may conduct a review of the property records for the county in which the applicant resides and the motor vehicle title records of the state to identify any property interests of the applicant under this paragraph. The clerk may evaluate and consider the results of the review in making a determination under this subsection. If the review is conducted, the clerk shall maintain the results of the review in a file with the application and provide the file to the court if the applicant seeks review under subsection (4) of the clerks determination of indigent status.
(b) Based upon its review, the clerk shall make one of the following determinations:
1. The applicant is not indigent.
2. The applicant is indigent.
|
All |
Inability to pay: Indigent (An applicant, including an applicant who is a minor or an adult tax-dependent person, is indigent if the applicants income is equal to or below 200 percent of the then-current federal poverty guidelines).
|
Not provided for | Burden on defendant to show inability to pay | Other | Yes |
Imprisonment (City of Orlando v. Cameron, 264 So. 2d 421, 423 (Fla. 1972)). |
Add to Dashboard
|
Wisconsin | Wis. Stat. § 800.09(1g) | Judgment |
The court may defer payment of any judgment or provide for installment payments. At the time that the judgment is rendered, the court shall inform the defendant, orally and in + See morewriting, of the date by which restitution and the payment of the forfeiture, plus costs, fees, and surcharges imposed under ch. 814, must be made, and of the possible consequences of failure to do so in timely fashion, including imprisonment, as provided in s.800.095, or suspension of the defendants motor vehicle operating privilege, as provided in sub. (1b) (c), if applicable. In addition, the court shall inform the defendant, orally and in writing, that the defendant should notify the court if he or she is unable to pay the judgment because of poverty, as that term is used in s. 814.29 (1)(d), and that he or she may request community service in lieu of payment of the judgment. If the defendant is not present, the court shall ensure that the information is sent to the defendant by mail. If the defendant is present and the court, using the criteria in s. 814.29 (1) (d), determines that the defendant is unable to pay the judgment because of poverty, the court shall provide the defendant with an opportunity to pay the judgment in installments, taking into account the defendants income, or to perform communityservice in lieu of payment of the judgment. In 1st class cities, all of the written information required by this subsection shall be printed in English and Spanish and provided to each defendant.
|
All |
Not specified. |
Before imposition of fine or fee | Not provided for | Other | No |
The court may impose community service if the defendant is unable to complete payment of the judgment |
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.