50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Ability to Pay
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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.
58 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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Kentucky | Ky. Rev. Stat. Ann. § 23A.208(3) | Additional fee for sex crime, stalking, or related inchoate offenses |
(3) The court may waive all or any portion of the fee required by this section if the court finds that a person subject to the surcharge is indigent or financially unable to pay all or any portion of the surcharge. The court may waive only the portion of the surcharge that the court finds the person is financially unable to pay.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Waive portion of surcharge. |
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Maine | Me. Rev. Stat. tit 17-A §1902(1) | Deferred disposition |
1. Authority of court to order deferment and impose requirements; administrative supervision fee. Following the acceptance of a plea of guilty for a crime for which a person is eligible for a deferred disposition under section 1901, the court may order sentencing deferred to a date certain or determinable and impose requirements upon the person, to be in effect during the period of deferment, considered by the court to be reasonable and appropriate to assist the person to lead a law-abiding life. The court-imposed deferment requirements must include a requirement that the person refrain from criminal conduct and may include a requirement that the person pay to the appropriate county an administrative supervision fee of not more than $50 per month, as determined by the court, for the term of the deferment. In determining the amount of the fee, the court shall take into account the financial resources of the person and the nature of the burden its payment imposes. In exchange for the deferred sentencing, the person shall abide by the court-imposed deferment requirements. Unless the court orders otherwise, the requirements are immediately in effect.
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All |
The financial resources of the person and the nature of the burden its payment imposes. |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No | Not provided for |
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Massachusetts | Mass. Gen. Laws ch. 266, § 27A | Removing or Concealing Motor Vehicles or Trailers to Defraud Insurers; Reimbursement of Insurers. |
If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court shall hold him in contempt unless said defendant has made a good faith effort to pay such restitution. If said defendant has made a good faith effort to pay such restitution, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.
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All |
N/A |
At enforcement of fine or fee | Not provided for | Determined by judge without hearing | No |
modify the amount, time or method of payment, but may not grant complete remission from payment of restitution. |
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Massachusetts | Mass. Gen. Laws ch. 276, § 30 | Default Warrants — Warrant for Forfeiting or Defaulting on Bail Bond or Recognizance — Fees. |
Notwithstanding any law, rule or regulation to the contrary, whenever a default warrant, issued in any jurisdiction in the commonwealth against any person, is recalled by a court, the court shall assess a fee of fifty dollars against the person in payment of the costs of recalling the warrant, except that the court may waive the fee upon a finding of good cause or upon a finding that such a fee would cause a substantial financial hardship to the person, the person’s immediate family or the person’s dependents.
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All |
A substantial financial hardship to the person, the person’s immediate family or the person’s dependents. |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Fee waiver |
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Massachusetts | Mass. Gen. Laws ch. 276, § 31 | Default Warrant for Failure to Pay — Additional Fees — Payment to Court's Administrative Office. |
Whenever a court issues a default warrant solely due to the person’s failure to pay a fine, assessment, court cost, restitution, support payment or other amount as ordered by the court or required by law, the court shall specify the amount owed, including an additional assessment of $50 which assessment may be waived by the court upon a finding of good cause or upon a finding that such an assessment would cause a substantial financial hardship to the person, the person’s immediate family or the person’s dependents, with a statement that the warrant against the person may be discharged upon payment of the amount and the assessment, if any, and shall note the same in the warrant management system.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Fee waiver |
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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 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.
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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. |
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Massachusetts | Mass. Gen. Laws ch. 276, § 37A | Assignment of counsel |
If a person is charged with a capital crime and brought before a district court for the initial appearance, the superior court may assign counsel upon his petition and upon certification of the charge to the superior court by the clerk of the district court. The examination shall thereupon be continued until the assignment of counsel has been made, and certification thereof received by the clerk of the district court, or until the petition for assignment of counsel has been otherwise disposed of. Upon a determination that a person accused of murder in the first or second degree is indigent, the chief counsel of the committee for public counsel services, or his designee, may assign the case to either the public counsel division or the private counsel division.
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Indigent |
Not provided for | Not provided for | Determined by judge without hearing | No |
N/A |
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Massachusetts | Mass. Gen. Laws ch. 279, § 1A | Suspension of execution of sentence; probation; child support payments |
If during or at the end of said period the probation officer shall report that the fine is in whole or in part unpaid, and in his opinion the person is unwilling or unable to pay it, the court may either extend said period, place the case on file or revoke the suspension of the execution of the sentence. When such suspension is revoked, in a case where the fine has been paid in part, the defendant may be committed for default in payment of the balance, and may also be committed for the term of imprisonment fixed in the original sentence.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Determined by judge without hearing | No |
Extend probation period |
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Minnesota | Minn. Stat. Ann. § 609.226(4)(c) | Harm caused by dog |
The court shall order a person convicted of violating this subdivision to pay restitution for the costs and expenses resulting from the crime. Costs and expenses include, but are not limited to, the service animal user's loss of income, veterinary expenses, transportation costs, and other expenses of temporary replacement assistance services, and service animal replacement or retraining costs incurred by a school, agency, or individual. If the court finds that the convicted person is indigent, the court may reduce the amount of restitution to a reasonable level or order it paid in installments.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Reduce the amount of restitution to a reasonable level or order it paid in installments. |
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Minnesota | Minn. Stat. Ann. § 609.324(4) | Patrons; prostitutes; housing individuals engaged in prostitution; penalties |
Community service in lieu of minimum fine. The court may order a person convicted of violating subdivision 2 or 3 to perform community work service in lieu of all or a portion of the minimum fine required under those subdivisions if the court makes specific, written findings that the convicted person is indigent or that payment of the fine would create undue hardship for the convicted person or that person's immediate family. Community work service ordered under this subdivision is in addition to any mandatory community work service ordered under subdivision 3.
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All |
Indigent or that payment of the fine would create undue hardship for the convicted person or that person's immediate family. |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Community service in lieu of payment. |
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Minnesota | Minn. Stat. Ann. § 609.3241(b) | Sex Crimes: Penalty assessment authorized |
The court may not waive payment of the minimum assessment required by this section. 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 assessment would create undue hardship for the convicted person or that person's immediate family, the court may reduce the amount of the minimum assessment to not less than $100. The court also may authorize payment of the assessment in installments.
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All |
Indigent or that immediate payment of the assessment would create undue hardship for the convicted person or that person's immediate family, |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Reduce fee to $100 or less or allow for installments. |
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Minnesota | Minn. Stat. Ann. § 609.596(2b) | Killing or harming public safety dog |
Mandatory restitution. The court shall order a person convicted of violating this section to pay restitution for the costs and expenses resulting from the crime. Costs and expenses include, but are not limited to, the purchase and training of a replacement dog and veterinary services for the injured dog. If the court finds that the convicted person is indigent, the court may reduce the amount of restitution to a reasonable level or order it paid in installments.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Reduce the amount of restitution to a reasonable level or order it paid in installments. |
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Minnesota | Minn. Stat. Ann. § 609.749(6)(c)-(d) | Stalking; penalties |
(c) If the assessment indicates that the offender is in need of and amenable to mental health treatment, the court shall include in the sentence a requirement that the offender undergo treatment.
(d) The court shall order the offender to pay the costs of assessment under this subdivision unless the offender is indigent under section 563.01. |
All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Not provided for |
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Missouri | Mo. Ann. Stat. § 488.65 | Expungement cases under section 610.140, surcharge, amount, waiver |
There shall be assessed as costs a surcharge in the amount of two hundred fifty dollars on all petitions for expungement filed under the provisions of section 610.140. The judge may waive the surcharge if the petitioner is found by the judge to be indigent and unable to pay the costs.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Surcharge waiver |
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Missouri | Mo. Ann. Stat. § 549.525(1)-(2)(1),(6) | Probation services for ordinance violators, certain cities--collection of fee for supervision and rehabilitation services provided--exemption |
1. Any city with a population of more than three hundred fifty thousand inhabitants which is located in more than one county which provides probation services for persons convicted of its ordinance violations may collect from the person placed on probation a fee of ten dollars per month for providing supervision and rehabilitation services.
2. The court may exempt a person from all or part of the contribution required in subsection 1 of this section if it finds any of the following factors exist: (1) The offender has diligently attempted, but has been unable, to obtain employment which provides him sufficient income to make such payments; . . . (6) There are other extenuating circumstances as determined by the court to exempt or partially reduce such payments; |
All | Not provided for | Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Exempt or partially reduce such payments. |
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Missouri | Mo. Ann. Stat. § 559.604 | Cost of misdemeanor probation to be paid by offenders, exceptions |
Neither the state of Missouri nor any county of the state shall be required to pay any part of the cost of probation and rehabilitation services provided to misdemeanor offenders under sections 559.600 to 559.615. The person placed on probation shall contribute not less than thirty dollars or more than fifty dollars per month to the private entity providing him or her with supervision and rehabilitation services. The amount of the contribution shall be determined by the sentencing court. The court may exempt a person from all or part of the foregoing contribution if it finds any of the following factors to exist: (1) The offender has diligently attempted, but has been unable, to obtain employment which provides him or her sufficient income to make such payments; . . . (6) There are other extenuating circumstances as determined by the court to exempt or partially reduce such payments;
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All |
Unable to obtain employment which provides him or her sufficient income to make such payments; other extenuating circumstances. |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Exempt a person from all or part of payment. |
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Nebraska | Neb. Rev. Stat. § 29-2262(2)(m) | Probation; conditions |
(2) The court may, as a condition of a sentence of probation, require the offender: offender assessment screens, and rehabilitative services required in the identification, evaluation, and treatment of offenders if such offender has the financial ability to pay for such services;
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
N/A |
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Nebraska | Neb. Rev. Stat. § 29-2262(2)(o) | Probation; conditions |
(2) The court may, as a condition of a sentence of probation, require the offender: cost of such device or system if the offender has the financial ability;
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
N/A |
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Nebraska | Neb. Rev. Stat. § 29-3902 | Indigent defendant; right to counsel |
At a felony defendant's first appearance before a court, the court shall advise him or her of the right to court-appointed counsel if he or she is indigent. If he or she asserts indigency, the court shall make a reasonable inquiry to determine his or her financial condition and may require him or her to execute an affidavit of indigency. If the court determines him or her to be indigent, it shall formally appoint the public defender to represent him or her in all proceedings before the court and shall make a notation of such appointment and appearances of the public defender upon the felony complaint. The same procedure shall be followed by the court in misdemeanor cases punishable by imprisonment.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Formally appoint the public defender to represent him or her in all proceedings before the court |
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Nebraska | Neb. Rev. Stat. § 29-3906 | Misdemeanor defendant; indigent; counties with no public defender; court-appointed counsel; compensation |
In counties not having public defenders, the court may appoint an attorney licensed to practice law in this state to represent any indigent person who is charged with a misdemeanor offense punishable by imprisonment. When such a defendant asserts indigency, the court shall make a reasonable inquiry to determine the defendant's financial condition and may require him or her to execute an affidavit of indigency. Attorneys appointed pursuant to this section shall be compensated in the manner provided by section 29-3905 with application being made to the appointing court.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Court appoints an attorney licensed to practice law in this state to represent any indigent person who is charged with a misdemeanor offense punishable by imprisonment |
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