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	Florida	Fla. Stat. §775.0844(8)	White Collar Crime Victim Protection Act	A person convicted of an aggravated white collar crime under this section is liable for all court costs and shall pay restitution to each victim of the crime, regardless of + See more whether the victim is named in the information or indictment. As used in this subsection, “victim” means a person directly and proximately harmed as a result of the commission of the offense for which restitution may be ordered, including any person directly harmed by the defendant’s criminal conduct in the course of the commission of the aggravated white collar crime. The court shall hold a hearing to determine the identity of qualifying victims and shall order the defendant to pay restitution based on his or her ability to pay, in accordance with this section and s. 775.089.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	Not specified
Add to Dashboard + Create New	Kansas	Kan. Stat. Ann. ? 21-6604(d)	Authorized dispositions; crimes committed on or after July 1, 1993	(d) In addition to any of the above, the court shall order the defendant to reimburse the county general fund for all or a part of the expenditures by the + See more county to provide counsel and other defense services to the defendant. Any such reimbursement to the county shall be paid only after any order for restitution has been paid in full. In determining the amount and method of payment of such sum, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of such sum will impose. A defendant who has been required to pay such sum and who is not willfully in default in the payment thereof may at any time petition the court which sentenced the defendant to waive payment of such sum or 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 the defendant's immediate family, the court may waive payment of all or part of the amount due or modify the method of payment.	All	payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family	At defendant's request before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	Yes	the court may waive payment of all or part of the amount due or modify the method of payment
Add to Dashboard + Create New	Montana	Mont. Code Ann. § 45-5-621(3)	Nonsupport	If a defense to the charge of nonsupport is inability to pay, the person's inability must be the result of circumstances over which the person had no control. In determining + See more ability to pay, after an allowance for the person's minimal subsistence needs, the support of a spouse, child, or other dependent has priority over any other obligations of the person.	Misdemeanor, Felony	Not provided for	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	Yes	This is a defense in a nonpayment case
Add to Dashboard + Create New	Montana	Mont. Code Ann. § 45-6-101(2)	Criminal Mischief	A person convicted of criminal mischief must be ordered to make restitution in an amount and manner to be set by the court. The court shall determine the manner and + See more amount of restitution after full consideration of the convicted person's ability to pay the restitution. Upon good cause shown by the convicted person, the court may modify any previous order specifying the amount and manner of restitution. Full payment of the amount of restitution ordered must be made prior to the release of state jurisdiction over the person convicted.	Misdemeanor	Not provided for	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	Yes	Determine amount of restitution accordingly.
Add to Dashboard + Create New	Montana	Mont. Code Ann. § 46-1-1112(2)	Funding [of drug treatment courts]	A drug offender shall pay the total cost or a reasonable portion of the cost to participate. The cost paid by a drug offender may not exceed $300 a month. + See more The costs assessed must be compensatory and not punitive in nature and must take into account the drug offender's ability to pay. Upon a showing of indigency, the drug treatment court may reduce or waive costs under this subsection (2).	Misdemeanor	Indigency	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	Yes	Waive or reduce fee
Add to Dashboard + Create New	Montana	Mont. Code Ann. § 46-1-1212(2)	Funding [of mental health treatment courts]	A participant shall pay the total cost or a reasonable portion of the cost to participate. The cost paid by a participant may not exceed $300 a month. The costs + See more assessed must be compensatory and not punitive in nature and must take into account the participant's ability to pay. Upon a showing of indigency, the mental health treatment court may reduce or waive costs under this subsection.	Misdemeanor	Indigency	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	Yes	Waive or reduce fee
Add to Dashboard + Create New	Montana	Mont. Code Ann. § 46-8-113	Payment by defendant for assigned counsel--costs to be filed with court	(3) In any proceeding for the determination of whether a defendant is or will be able to pay the costs of counsel, the court shall question the defendant as to + See more the defendant's ability to pay those costs and shall inform the defendant that purposely false or misleading statements by the defendant may result in criminal charges against the defendant. (4) The court may not sentence a defendant to pay the costs for assigned counsel unless the defendant is or will be able to pay the costs imposed by subsection (1). The court may find that the defendant is able to pay only a portion of the costs assessed. In determining the amount and method of payment of costs, the court shall take into account the financial resources of the defendant and the nature of the burden that payment of costs will impose. (5) A defendant who has been sentenced to pay costs may at any time petition the court that sentenced the defendant for remission of the payment of costs or of any unpaid portion of the costs. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may remit all or part of the amount due in costs or modify the method of payment.	Misdemeanor	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	Waive or reduce fee
Add to Dashboard + Create New	Oklahoma	Okla. Stat. tit. 10A, § 1-4-701A	Reimbursements and costs by parents able to pay	Upon notice to the parent or other person legally obligated to support the child and upon an opportunity to be heard and a finding of financial ability to pay	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	None specified
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 39-13-101(b)(2)	Assault - Domestic Abuse	if the relationship between the defendant and the victim of the assault is such that the victim is a domestic abuse victim as defined in § 36-3-601, and if, as + See more determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred dollars ($200).	Misdemeanor	No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other + See more mitigating and enhancing factors.	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	Yes	Imposition of a lower fee
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 39-13-102(e)(2)	Aggravated Assault - Domestic Abuse	In addition to any other punishment that may be imposed for a violation of this section, if the relationship between the defendant and the victim of the assault is such + See more that the victim is a domestic abuse victim as defined in § 36-3-601, and if, as determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred dollars ($200).	All	No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other + See more mitigating and enhancing factors.	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	Yes	Imposition of a lower fee
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 39-13-111(c)(5)	Domestic Assault - Additional Fee	In addition to any other punishment that may be imposed for a violation of this section, if, as determined by the court, the defendant possesses the ability to pay a + See more fine in an amount not in excess of two hundred twenty-five dollars ($225), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred twenty-five dollars ($225).	All	No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other + See more mitigating and enhancing factors.	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	Yes	Imposition of a lower fee
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 39-13-709(e)	Sex Offender Conviction Tax	The court may waive all or any portion of the tax required by this section if the court finds that a person convicted of a sex offense is indigent or + See more financially unable to pay.	All	No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other + See more mitigating and enhancing factors.	Not provided for	Burden on defendant to show inability to pay	Determined by judge after hearing	No	Reduction or waiver of the fee
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 39-17-428(d)	Fines and Penalties; Mandatory Minimums; Allocation	(1) Unless the judge, using the applicable criteria set out in § 40-14-202(c), determines that a person convicted of violating this section is indigent, or that payment of the minimum + See more fine would result in a severe economic hardship, or such fine would otherwise not be in the interests of justice, the minimum fines imposed by this section shall be mandatory and shall not be reduced, suspended, waived or otherwise released by the court. No plea agreement shall be accepted by a court if the agreement attempts to reduce or suspend all or any portion of the mandatory fines imposed by this section unless the judge determines that one (1) of the conditions set out in the first sentence of this subdivision (d)(1) exists.(2) If the judge of a court of general sessions determines that it is necessary to reduce, suspend, waive or otherwise release the minimum fines imposed by this section, the judge shall assess the fine, and write on the warrant the amount of the fine, the fact that it is reduced, suspended, waived or released and the reasons for the reduction, suspension, waiver or release. If done by the judge of a court of record, the judge shall assess the fine and make a specific finding of fact on the record relative to the reduction, suspension, waiver or release and the reasons for the reduction, suspension, waiver or release.	All	No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other + See more mitigating and enhancing factors.	Not provided for	Burden on defendant to show inability to pay	Determined by judge after hearing	Yes	Reduction or waiver of the fee
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 40-39-305(b)	Sexual Offender Fee	The department may waive all or any portion of the fees required by this section if it determines that an offender is indigent or financially unable to pay all or + See more any portion of the fee. The department shall waive only that portion of the surcharge which the offender is financially unable to pay.	All	No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other + See more mitigating and enhancing factors.	Not provided for	Burden on defendant to show inability to pay	Determined by judge after hearing	No	Reduction or waiver of the fee
Add to Dashboard + Create New	Michigan	Mich. Comp. Laws § 772.6	Failure to pay recognizance	If the person so ordered to recognize refuses or neglects to provide that recognizance, the court shall commit the person to the county jail during the period for which security + See more was required, or until the person provides that recognizance. A person shall not be incarcerated for failure to pay the recognizance unless the court conducts a hearing and determines that the person has the resources to pay the recognizance and has not made a good faith effort to do so. In determining whether to incarcerate the person, the court shall also consider the person's employment status, earning ability, and financial resources; the willfulness of the person's failure to pay the recognizance; and any other special circumstances that may have a bearing on the person's ability to pay the recognizance. The court shall state in the warrant the cause of commitment with the sum and the time for which the security was required.	All	the person has the resources to pay the recognizance and has not made a good faith effort to do so	At enforcement of fine or fee	Not provided for	Determined by judge after hearing	No	none
Add to Dashboard + Create New	Michigan	Mich. Comp. Laws § 257.908(1)-(4)	Default as civil contempt; penalty	If a defendant defaults in the payment of a civil fine, costs, or both, or of any installment, as ordered pursuant to section 907(2), the court, upon the motion of + See more the plaintiff or upon its own motion, may require the defendant to show cause why the default should not be treated as in civil contempt and may issue a summons or order to show cause or a bench warrant of arrest for the defendant's appearance. . . . If it appears that the default in the payment of a civil fine or costs does not constitute civil contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount of payment or of each installment, or revoking the fine or costs or the unpaid portion thereof in whole or in part. . .	Traffic	"default was not attributable to an intentional refusal to obey the order of the court or to a failure on his or her part to make a good faith effort + See more to obtain the funds required for payment"	At enforcement of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	No	allowing the defendant additional time for payment, reducing the amount of payment or of each installment, or revoking the fine or costs or the unpaid portion thereof in whole or + See more in part
Add to Dashboard + Create New	Michigan	Mich. Comp. Laws § 600.8729(1)-(4)	Payment of fine, default as civil contempt	If a defendant defaults in the payment of a civil fine, costs, assessment, or, if applicable, damages or expenses as provided in section 8733(2) if applicable, or any installment, as + See more ordered pursuant to section 8727, the court, upon the motion of the plaintiff or upon its own motion, may require the defendant to show cause why the defendant should not be held in civil contempt and may issue a summons, an order to show cause, or a bench warrant of arrest for the defendant's appearance. . . . If it appears that the default in the payment of a fine, costs, assessment, or damages or expenses does not constitute civil contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount of payment or of each installment, or revoking the fine, costs, assessment, or damages or expenses.	All	"the default was not attributable to an intentional refusal to obey the order of the court or to a failure on his or her part to make a good faith + See more effort to obtain the funds required for payment"	At enforcement of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	No	allowing the defendant additional time for payment, reducing the amount of payment or of each installment, or revoking the fine, costs, assessment, or damages or expense
Add to Dashboard + Create New	Washington DC	DC ST § 16-711 (b)	Restitution or reparation	(b) When restitution or reparation is ordered, the court shall take into consideration the number of victims, the actual damage of each victim, the resources of the defendant, the defendant's + See more ability to earn, any obligation of the defendant to support dependents, and other matters as pertain to the defendant's ability to make restitution or reparation.	All	"… the court shall take into consideration… resources of the defendant, the defendant's ability to earn, any obligation of the defendant to support dependents…"	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	Not provided for
Add to Dashboard + Create New	Washington DC	DC ST § 11-2605	Services other than counsel	Counsel for a person who is financially unable to obtain investigative, expert, or other services necessary for an adequate defense may request them in an ex parte application. Upon finding, + See more after appropriate inquiry in an ex parte proceeding, that the services are necessary and that the person is financially unable to obtain them, the court shall authorize counsel to obtain the services.	All	financially unable to obtain necessary services	At defendant's request before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	No	Cost paid for
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-32-08(4)(b)	Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation	A defendant who is required to reimburse indigent defense costs and expenses as a condition of probation and who is not willfully in default in that reimbursement may at any + See more time petition the court that imposed the condition to waive reimbursement of all or any portion of the costs and expenses. If the court is satisfied that reimbursement of the amount due will impose undue hardship on the defendant or the defendant's immediate family, the court may waive reimbursement of all or any portion of the amount due or modify the method of payment.	All	the amount due will impose undue hardship on the defendant or the defendant's immediate family	At defendant's request at enforcement	Burden on defendant to show inability to pay	Determined by judge after hearing	No	waived

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