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71 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 | |
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Florida | Fla. Stat. §948.09(3) | Payment for cost of supervision and rehabilitation |
(3) Any failure to pay contribution as required under this section may constitute a ground for the revocation of probation by the court, the revocation of parole or conditional release by + See morethe Florida Commission on Offender Review, the revocation of control release by the Control Release Authority, or removal from the pretrial intervention program by the state attorney. The Department of Corrections may exempt a person from the payment of all or any part of the contribution if it finds any of the following factors to exist:(a) The offender has diligently attempted, but has been unable, to obtain employment which provides him or her sufficient income to make such payments.
(b) The offender is a student in a school, college, university, or course of career training designed to fit the student for gainful employment. Certification of such student status shall be supplied to the Secretary of Corrections by the educational institution in which the offender is enrolled.
(c) The offender has an employment handicap, as determined by a physical, psychological, or psychiatric examination acceptable to, or ordered by, the secretary.
(d) The offender’s age prevents him or her from obtaining employment.
(e) The offender is responsible for the support of dependents, and the payment of such contribution constitutes an undue hardship on the offender.
(f) The offender has been transferred outside the state under an interstate compact adopted pursuant to chapter 949.
(g) There are other extenuating circumstances, as determined by the secretary.
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All | Not provided for | Not provided for | Not provided for | Administrative decision | No |
Exempt |
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Florida | Fla. Stat. §984.11(3) | Services to families in need of services |
The department shall advise the parents or legal guardian that they are responsible for contributing to the cost of the child or family services and treatment to the extent of + See moretheir ability to pay. The department shall set and charge fees for services and treatment provided to clients. The department may employ a collection agency for the purpose of receiving, collecting, and managing the payment of unpaid and delinquent fees. The collection agency must be registered and in good standing under chapter 559. The department may pay to the collection agency a fee from the amount collected under the claim or may authorize the agency to deduct the fee from the amount collected.
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All |
To the extent the family's ability to pay |
Not provided for | Not provided for | Administrative decision | Yes |
Not specified |
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Oklahoma | Okla. Stat. tit. 22, § 988.9 | Fees and costs |
In hardship cases the supervising agency may expressly waive all or part of the fee. No supervising agency participating in a local community sentencing system shall deny any offender supervision + See moreservices for the sole reason that the offender is indigent.
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All | Not provided for | Not provided for | Not provided for | Administrative decision | No |
Waiver of fee |
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Michigan | Mich. Comp. Laws § 791.225a | Projected income and financial resources |
(3) In determining the amount of the fee, the department shall consider the offender's projected income and financial resources. . . . (6) If a person has not paid the + See morefull amount of a supervision fee upon being discharged from probation, or upon termination of the period of delayed sentence for a person subject to delayed sentence, the department shall review and compare the actual income of the person during the period of probation or delayed sentence with the income amount projected when the supervision fee was ordered. If the department determines that the person's actual income did not equal or exceed the projected income, the department shall waive any unpaid amount in excess of the total amount that the person would have been ordered to pay if the person's income had been accurately projected, unless the court order states that a higher amount was ordered due to available assets or other financial resources.
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All | Not provided for | Not provided for | Not provided for | Administrative decision | Yes |
Not specified |
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North Dakota | N.D. Cent. Code § 29-26-22.2 | Authority to compromise judgment by county commissioners |
The board of county commissioners has authority to compromise and settle any judgment for fines or costs payable to the county treasury after a lapse of two years from the + See morefiling thereof, if in the opinion of said board said judgment cannot be collected in full. Upon receipt of a certified copy of the board's action, the state's attorney of said county shall in accordance therewith make and file a partial or total satisfaction of said judgment as attorney for the county.
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All | Not provided for | Not provided for | Not provided for | Administrative decision | No | Not provided for |
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Virginia | Va. Code Ann. § 53.1-150.1 | Substance abuse treatment as condition of parole - exemptions |
Any person who is granted parole and who is required to receive substance abuse treatment as a condition of parole shall contribute towards the cost of such treatment based upon + See morehis ability to pay, as established pursuant to regulations promulgated by the Board of Corrections. The regulations shall provide that (i) any fees collected for such treatment shall be paid directly to the service provider and (ii) any person may be exempt from the payment of such fees on the grounds of unreasonable hardship.
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All |
unreasonable hardship |
Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
exemption from payment of fees |
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Mississippi | Miss. Code Ann. § 63-11-31 (7)(a) | Interlock Device Fund |
The Department of Public Safety shall promulgate rules and regulations for the use of monies in the Interlock Device Fund to offset the cost of device installation and operation by + See moreand court-ordered drug testing of indigent offenders.
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Misdemeanor |
inadequate resources to pay; participation in public assistance programs |
Not provided for | Burden on government to show ability to pay | Administrative decision | Yes |
Interlock Device Fund |
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South Carolina | S.C. Code Ann. § 23-3-540(K) | Electronic monitoring; reporting damage to or removing monitoring device; penalty |
(K) The person must be charged for the cost of the active electronic monitoring device and the operation of the active electronic monitoring device for the duration of the time + See morethe person is required to be electronically monitored. The Department of Probation, Parole and Pardon Services may exempt a person from the payment of a part or all of the cost during a part or all of the duration of the time the person is required to be electronically monitored, if the Department of Probation, Parole and Pardon Services determines that exceptional circumstances exist such that these payments cause a severe hardship to the person.
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All |
exceptional circumstances exist such that these payments cause a severe hardship to the person |
Before imposition of fine or fee | Not provided for | Administrative decision | No |
waiver of all or part of fee |
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South Carolina | S.C. Code Ann. § 24-21-80 | Probationers and parolees to pay supervision fee; intensive supervision fee; hardship exemption; delinquencies; substitution of public service |
The intensive supervision fee must be determined by the department based upon the ability of the person to pay. Fees derived from persons under intensive supervision must be retained by + See morethe department, carried forward, and applied to the department's operation. The department may exempt any individual supervised by the department on any community supervision program from the payment of a part or all of the yearly or weekly fee during any part or all of the supervision period only if the department determines that exceptional circumstances exist such that these payments work a severe hardship on the individual.
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All |
exceptional circumstances exist such that these payments work a severe hardship on the individual. |
Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
partial or total exemption |
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South Carolina | S.C. Code Ann. § 24-21-80 | Probationers and parolees to pay supervision fee; intensive supervision fee; hardship exemption; delinquencies; substitution of public service |
An adult placed on probation, parole, or community supervision shall pay a regular supervision fee toward offsetting the cost of his supervision for so long as he remains under supervision. + See moreThe regular supervision fee must be determined by the Department of Probation, Parole, and Pardon Services based upon the ability of the person to pay.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
not specified |
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South Carolina | S.C. Code Ann. § 24-21-100(B) | Administrative monitoring when fines outstanding; fee |
(B) An individual placed on administrative monitoring shall pay a regular monitoring fee toward offsetting the cost of his administrative monitoring for the period of time that he remains under + See moremonitoring. The regular monitoring fee must be determined by the department based upon the ability of the person to pay.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
not specified |
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South Carolina | S.C. Code Ann. § 24-21-480 | Restitution Center program; distribution of offenders' salaries |
The offender must deliver his salary to the restitution center staff who must distribute it in the following manner: 4) payment of a daily fee for housing and food. This + See morefee may be set by the department with the approval of the Department of Administration. The fee must be based on the offender's ability to pay not to exceed the actual costs.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
not specified |
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Florida | Fla. Stat. §925.08 | Prisoners awaiting trial may be worked on roads and other projects |
(1) When the county commissioners decide it will be for the benefit of a prisoner and in the public interest, they may employ at labor on the streets of incorporated + See morecities or towns, on the roads, bridges, or other public works in the county, or on other projects for which the governing body of the county could otherwise lawfully expend public funds and which it determines to be necessary for the health, safety, and welfare of the county, a person charged with a misdemeanor and confined in the county jail for failure to give bail.(2) No person shall be employed under this section without her or his written consent.
(3) No person shall work more than 10 hours in a 24-hour period.
(4) If a person employed under this section is acquitted or discharged from further prosecution, she or he shall be paid by the county at the rate of $5 for each day employed.
(5) If a person employed under this section is convicted, the time she or he was actually employed may be credited on any sentence of imprisonment, and if the person is fined, the value of the labor at $5 per day shall be credited to her or his fine and costs.
(6) No charge for food and lodging shall be made against a prisoner employed under this section.
(7) The county commissioners shall cause records to be kept of employment under this section, and a copy of the record shall be furnished to the court having jurisdiction of the prisoner.
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All |
Inability to pay: Failed to give bail |
Not provided for | Not provided for | Administrative decision | No |
Employ at labor |
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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 |
All |
indigent, based upon financial affidavits |
Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
Department of Correction shall pay the cost |
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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 test be administered, at such persons 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.
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All |
indigent, based upon financial affidavits |
Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
Department of Correction shall pay the cost |
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Florida | Fla. Stat. §951.033(2), (6) | Income and assets; payment of subsistence costs |
(2) The local detention facility shall determine the financial status of prisoners for the purpose of paying from their income and assets all or a fair portion of their daily subsistence costs. In determining the financial status of prisoners, any income exempt by state or federal law shall be excluded. Consideration shall be given to the prisoner’s ability to pay, the liability or potential liability of the prisoner to the victim or guardian or the estate of the victim, and his or her dependents.
(6) If the prisoner’s cash account at the local detention facility does not contain sufficient funds to cover subsistence costs, the chief correctional officer may place a civil restitution lien against the prisoner’s cash account or other personal property. A civil restitution lien may continue for a period of 3 years and applies to the cash account of any prisoner who is reincarcerated within the county in which the civil restitution lien was originated. |
All |
Inability to pay: If the prisoner’s cash account at the local detention facility does not contain sufficient funds to cover subsistence costs |
Not provided for | Not provided for | Administrative decision | No |
Property lien |
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Alabama | Ala. Code 1975 §15-27-12 | Expungement of records: Payment in full required |
No order of expungement shall be granted unless all terms and conditions, including court ordered restitution, are satisfied and paid in full, including interest, to any victim, or the Alabama Crime Victim’s Compensation Commission, as well as court costs, fines, or statutory fees ordered by the sentencing court to have been paid, absent a finding of indigency by the court.
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All |
Indigency |
Not provided for | Not provided for | Administrative decision | No |
Not provided for |
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Alabama | Ala. Code 1975 §15-27-4(a)-(b) | Expungement of records: Administrative filling fee. |
(a) In addition to any cost of court or docket fee for filing the petition in circuit court, an administrative filing fee of three hundred dollars ($300) shall be paid at the time the petition is filed and is a condition precedent to any ruling of the court pursuant to this chapter.
(b) Notwithstanding subsection (a), a person seeking relief under this chapter may apply for indigent status by completing an Affidavit of Substantial Hardship and Order which shall be submitted with the petition. If the court finds the petitioner is indigent, the court may set forth a payment plan for the petitioner to satisfy the filing fee over a period of time, which shall be paid in full, prior to any order granting an expungement. |
All |
Indigent |
At defendant's request before imposition of fine or fee | Not provided for | Administrative decision | No |
Payment plan |
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Colorado | Colo. Rev. Stat. § 16-18.5-106(1) | Restitution for Persons Sentenced to the Department of Corrections |
Whenever a person is sentenced to the department of corrections, the department of corrections is authorized to conduct an investigation into the financial circumstances of the defendant, as described in section 16-18.5-104(3), for purposes of determining the defendant's ability to pay court ordered costs, surcharges, restitution, time payment fees, late fees, and other fines, fees, or surcharges pursuant to section 16-18.5-110.
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Misdemeanor, Felony | Not provided for | Before imposition of fine or fee | Burden on government to show ability to pay | Administrative decision | No | Not provided for |
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Colorado | Colo. Rev. Stat. §17-1-113(4)(d) | Medical Visits - Charge to Inmates - Legislative Declaration |
The specific services for which a copayment will be assessed, waived, or reduced, as well as the specific and exclusive bases upon which a copayment may be waived by department personnel, including but not limited to the inmate's inability to pay the copayment, the health needs of the inmate and the public health and safety needs of the institution.
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All |
"Including but not limited to the inmate's inability to pay the copayment, the health needs of the inmate and the public health and safety needs of the institution." |
Not provided for | Not provided for | Administrative decision | No | Not provided for |
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For more information, please visit cjpp.law.harvard.edu.