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	Nebraska	Neb. Rev. Stat. § 29-4121	DNA testing; costs	The cost of DNA testing ordered under subsection (5) of section 29-4120 shall be paid by the person filing the motion, unless the court determines such person to be indigent. + See more If the person filing such motion is determined by the court to be indigent, the costs shall be paid by the state in the following manner: (1) If the Commission on Public Advocacy has been appointed to represent the person filing the motion, as determined under section 29-4122, the costs of testing shall be paid by the commission from funds appropriated by the Legislature; and (2) If the Commission on Public Advocacy has not been appointed to represent the person filing the motion, the court shall hold a hearing to determine the costs for DNA testing. The court shall order the commission to pay such costs. The order shall be forwarded by the clerk of the court to the commission, along with copies of all invoices for such DNA testing. Upon receipt, the commission shall pay such costs from funds appropriated by the Legislature.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Costs paid by the state.
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 631:2-b(V)	Domestic Violence	In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction under this section. The court shall not reduce or suspend + See more any sentence or the payment of any fine imposed under this section. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof. Fines imposed under this section shall not be subject to an additional penalty assessment and shall not be subject to the provisions of RSA 618:8 or 618:9. The clerk shall forward all fines collected under this paragraph to the department of health and human services for the purposes of RSA 173-B:15.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Defer payment or order periodic payments.
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 632-A:3(V)(b)	Felonious Sexual Assault	In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as “felonious sexual assault-domestic violence” under this paragraph. The + See more court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Defer payment or order periodic payments.
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 631:2(III)(b)	Second Degree Assault	In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as “second degree assault-domestic violence” under this paragraph. The + See more court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Defer payment or order periodic payments.
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 633:1(III)(b)	Kidnapping	In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as “kidnapping-domestic violence” under this paragraph. The court shall + See more not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Defer payment or order periodic payments.
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 631:3(IV)(b)	Reckless Conduct	In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as “reckless conduct-domestic violence” under this paragraph. The court + See more shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Defer payment or order periodic payments.
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann § 632-A:2(V)(b)	Aggravated Felonious Sexual Assault	In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as “aggravated felonious sexual assault-domestic violence” under this paragraph. + See more The court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Defer payment or order periodic payments
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 632-A:4(IV)(b)	Sexual Assault	In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as “sexual assault-domestic violence” under this paragraph. The court + See more shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Defer payment or order periodic payments.
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 633:3(VIII)(b)	Stalking	In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as “stalking-domestic violence” under this paragraph. The court shall + See more not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Defer payment or order periodic payments.
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 651:2(V)(h)	Sentences and Limitations	In cases of a person convicted of a felony or class A misdemeanor, a court may require such person to be screened and/or evaluated for risk of substance use disorders + See more at an impaired driver care management program (IDCMP) approved by the department of health and human services, and to comply with the treatment plan developed by the IDCMP as established under RSA 265-A:40, if the evidence demonstrates that substances were a contributing factor in the commission of the offense and if such person has the ability to pay the fees for the program in full.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	N/A
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 651:66	Revocation of Restitution	The supervising agency, or the offender who has been sentenced to pay restitution and has not inexcusably defaulted in payment thereof, may at any time petition the court which sentenced + See more him for a revocation of any unpaid portion of the restitution. If the court finds that the circumstances which warranted the imposition of the restitution have changed, or that it would otherwise be unjust to require payment, the court may revoke the unpaid portion of the restitution in whole or in part, or modify the time and method of payment.	All	Circumstances which warranted the imposition of the restitution have changed, or that it would otherwise be unjust to require payment.	At enforcement of fine or fee	Not provided for	Determined by judge without hearing	No	Revoke the unpaid portion of the restitution in whole or in part, or modify the time and method of payment.
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 604-A:2(I)	Appointment of Counsel	In every criminal case in which the defendant is charged with a felony or a class A misdemeanor and appears without counsel, the court before which he or she appears + See more shall advise the defendant that he or she has a right to be represented by counsel and that counsel will be appointed to represent him or her if he or she is financially unable to obtain counsel. Unless the defendant waives the appointment of counsel, if the defendant indicates to the court that he or she is financially unable to obtain counsel, the court shall instruct the defendant to complete a financial affidavit in such form as designated by the unit of cost containment. If after review of the financial affidavit and application of the rules established pursuant to RSA 604-A:10, IV the court is satisfied that the defendant is financially unable to obtain counsel, the court shall appoint counsel to represent him or her	All	Financially unable to obtain counsel	Not provided for	Not provided for	Determined by judge without hearing	No	Appointed counsel
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-16-5(B)-(C)	Determination of indigency	B. In determining whether a person is a needy person and the extent of his inability to pay, the court concerned may consider such factors as income, property owned, outstanding obligations + See more and the number and ages of his dependents. Release on bail does not necessarily prevent him from being a needy person. In each case, the person shall, subject to the penalties for perjury, certify in writing or by other record material factors relating to his ability to pay as the court prescribes. C. To the extent that a person covered by Section 60 [31-16-3 NMSA 1978] of the Indigent Defense Act is able to provide for an attorney, the other necessary services and facilities of representation and court costs, the court may order him to provide for their payment.	All	Factors considered: income, property owned, outstanding obligations and number and age of dependents	Not provided for	Not provided for	Determined by judge without hearing	Yes	Representation provided without costs
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 30-18-1.2(C)-(D)	Disposition of seized animals	C. An agent of the New Mexico livestock board, an animal control agency operated by the state, a county or a municipality, or an animal shelter or other animal welfare + See more organization designated by an animal control agency or an animal shelter, in the custody of which an animal that has been cruelly treated has been placed may petition the court to request that the animal's owner may be ordered to post security with the court to indemnify the costs incurred to care and provide for the seized animal pending the disposition of any criminal charges of committing cruelty to animals pending against the animal's owner. D. The court shall determine the amount of security while taking into consideration all of the circumstances of the case including the owner’s ability to pay, and may conduct periodic reviews of its order. If the posting of security is ordered, the animal control agency, animal shelter or animal welfare organization may, with permission of the court, draw from the security to indemnify the costs incurred to care and provide for the seized animal pending disposition of the criminal charges.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	N/A
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-1A-2(J)	Procedures for post-conviction consideration of DNA evidence; requirements	The cost of DNA testing ordered pursuant to this section shall be borne by the state or the petitioner, as the district court may order in the interest of justice. + See more Provided, that a petitioner shall not be denied DNA testing because of the petitioner's inability to pay for the cost of DNA testing.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Cost paid by state.
Add to Dashboard + Create New	North Carolina	N.C. Gen. Stat. Ann. § 15A-1340.36(a)	Determination of restitution	(a) In determining the amount of restitution to be made, the court shall take into consideration the resources of the defendant including all real and personal property owned by the + See more defendant and the income derived from the property, the defendant's ability to earn, the defendant's obligation to support dependents, and any other matters that pertain to the defendant's ability to make restitution, but the court is not required to make findings of fact or conclusions of law on these matters. The amount of restitution must be limited to that supported by the record, and the court may order partial restitution when it appears that the damage or loss caused by the offense is greater than that which the defendant is able to pay. If the court orders partial restitution, the court shall state on the record the reasons for such an order.	All	The resources of the defendant including all real and personal property owned by the defendant and the income derived from the property, the defendant's ability to earn, the defendant's obligation + See more to support dependents; damage or loss caused by the offense is greater than that which the defendant is able to pay.	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Partial restitution
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2743.70(1)	Additional court costs and bail to be charged	(1) The court, in which any person is convicted of or pleads guilty to any offense other than a traffic offense that is not a moving violation, shall impose the following + See more sum as costs in the case in addition to any other court costs that the court is required by law to impose upon the offender: (a) Thirty dollars, if the offense is a felony; (b) Nine dollars, if the offense is a misdemeanor. The court shall not waive the payment of the thirty or nine dollars court costs, unless the court determines that the offender is indigent and waives the payment of all court costs imposed upon the indigent offender. All such moneys shall be transmitted on the first business day of each month by the clerk of the court to the treasurer of state and deposited by the treasurer in the reparations fund.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Fee waiver
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2949.094(B)	Additional court costs for drug law enforcement, justice program services, and indigent drivers alcohol treatment funds	(B) The juvenile court in which a child is found to be a juvenile traffic offender for an act that is a moving violation shall impose an additional court cost + See more of ten dollars upon the juvenile traffic offender. The juvenile court shall not waive the payment of the ten dollars unless the court determines that the juvenile is indigent and waives the payment of all court costs imposed upon the indigent offender.	All	Indigent	Not provided for	Not provided for	Determined by judge without hearing	No	Fee waiver
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 1907.24(B)	Schedule of fees and costs	(a) The county court may determine that, for the efficient operation of the court, additional funds are necessary to acquire and pay for special projects of the court including, but + See more not limited to, the acquisition of additional facilities or the rehabilitation of existing facilities, the acquisition of equipment, the hiring and training of staff, community service programs, mediation or dispute resolution services, the employment of magistrates, the training and education of judges, acting judges, and magistrates, and other related services. Upon that determination, the court by rule may charge a fee, in addition to all other court costs, on the filing of each criminal cause, civil action or proceeding, or judgment by confession. (b) If the county court offers a special program or service in cases of a specific type, the county court by rule may assess an additional charge in a case of that type, over and above court costs, to cover the special program or service. The county court shall adjust the special assessment periodically, but not retroactively, so that the amount assessed in those cases does not exceed the actual cost of providing the service or program. (c) Any fee or charge assessed under division (B)(1)(a) or (b) of this section on the filing of a civil action or proceeding shall be waived if the court determines that the person on whom the fee or charge is assessed qualifies as an indigent litigant as set forth in section 2323.311 of the Revised Code.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Fee waiver
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2907.28(C)	Medical examination of victim; costs	Any cost incurred by a hospital or emergency medical facility in conducting a medical examination and test of any person who is charged with a violation of division (B) of + See more section 2903.11 or of section 2907.02, 2907.03, 2907.04, 2907.05, 2907.12, 2907.24, 2907.241, or 2907.25 of the Revised Code, with a violation of a municipal ordinance that is substantially equivalent to that division or any of those sections, or with a violation of a statute or municipal ordinance under which by force or threat of force the accused compelled the victim to engage in sexual activity, pursuant to division (B) of section 2907.27 of the Revised Code, shall be charged to and paid by the accused who undergoes the examination and test, unless the court determines that the accused is unable to pay, in which case the cost shall be charged to and paid by the municipal corporation in which the offense allegedly was committed, or charged to and paid by the county if the offense allegedly was committed within an unincorporated area.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Cost charged to and paid by the municipal corporation in which the offense allegedly was committed, or charged to and paid by the county if the offense allegedly was committed + See more within an unincorporated area.

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