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	Iowa	Iowa Code § 815.9(1)	Indigency determined — penalty	1. For purposes of this chapter, chapters 13B, 229A, 232, 665, 812, 814, and 822, and section 811.1A, and the rules of criminal procedure, a person is indigent if the person is + See more entitled to an attorney appointed by the court as follows: a. A person is entitled to an attorney appointed by the court to represent the person if the person has an income level at or below one hundred twenty-five percent of the United States poverty level as defined by the most recently revised poverty income guidelines published by the United States department of health and human services, unless the court determines that the person is able to pay for the cost of an attorney to represent the person on the pending case. In making the determination of a person’s ability to pay for the cost of an attorney, the court shall consider not only the person’s income, but also the availability of any assets subject to execution, including but not limited to cash, stocks, bonds, and any other property which may be applied to the satisfaction of judgments, and the seriousness of the charge or nature of the case. b. A person with an income level greater than one hundred twenty-five percent, but at or below two hundred percent, of the most recently revised poverty income guidelines published by the United States department of health and human services shall not be entitled to an attorney appointed by the court, unless the court makes a written finding that not appointing counsel on the pending case would cause the person substantial hardship. In determining whether substantial hardship would result, the court shall consider not only the person’s income, but also the availability of any assets subject to execution, including but not limited to cash, stocks, bonds, and any other property which may be applied to the satisfaction of judgments, and the seriousness of the charge or nature of the case. c. A person with an income level greater than two hundred percent of the most recently revised poverty income guidelines published by the United States department of health and human services shall not be entitled to an attorney appointed by the court, unless the person is charged with a felony and the court makes a written finding that not appointing counsel would cause the person substantial hardship. In determining whether substantial hardship would result, the court shall consider not only the person’s income, but also the availability of any assets subject to execution, including but not limited to cash, stocks, bonds, and any other property which may be applied to the satisfaction of judgments, and the seriousness of the charge or nature of the case.	All	Indigent - person has an income level at or below one hundred twenty-five percent of the United States poverty level as defined by the most recently revised poverty income guidelines published + See more by the United States department of health and human services. Ability to pay - the court shall consider not only the person’s income, but also the availability of any assets subject to execution, including but not limited to cash, stocks, bonds, and any other property which may be applied to the satisfaction of judgments, and the seriousness of the charge or nature of the case.	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Entitled to a court-appointed attorney.
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 533.030(2)(l)	Conditions of probation and conditional discharge; restitution to victim	(2) When imposing a sentence of probation or conditional discharge, the court may, in addition to any other reasonable condition, require that the defendant: (l) Submit to periodic testing for the + See more use of controlled substances or alcohol, if the defendant's record indicates a controlled substance or alcohol problem, and to pay a reasonable fee, as determined by the court, which fee shall not exceed the actual cost of the test and analysis and shall be paid directly to the agency or agencies responsible for testing and analysis as compensation for the cost of the testing and analysis, as specified by written order of the court, performed under this subsection. For good cause shown, the testing fee may be waived by the court;	All	Not provided for	Not provided for	Not provided for	Determined by judge without hearing	No	Fee waived
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 534.030(2)	Fines for felonies	(2) In determining the amount and method of paying a fine for commission of a felony, the court shall consider, among others, the following factors: (a) The defendant's ability to + See more pay the amount of the fine; (b) The hardship likely to be imposed on the defendant's dependents by the amount of the fine and the time and method of paying it; (c) The impact the amount of the fine will have on the defendant's ability to make reparation or restitution to the victim; and (d) The amount of the defendant's gain, if any, derived from the commission of the offense.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Not specified
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 510.320(2)-(3),(6)	Human immunodeficiency virus testing for defendants accused of certain sexual offenses; results; counseling when test positive; cost; effect of appeal	(2) A defendant charged with an offense pursuant to this chapter which has sexual intercourse or deviate sexual intercourse as an element, or has sexual contact as an element when + See more the circumstances of the case demonstrate a possibility of transmission of human immunodeficiency virus, shall upon initial court appearance on the charge, be informed by the judge of the availability of human immunodeficiency virus testing. The judge shall also notify the victim of the offense, or parent or guardian of the victim, that the defendant has been so notified. (3) When a defendant has been convicted of any offense in subsection (2) of this section, other provisions of law to the contrary notwithstanding, the sentencing court, regardless of any prior human immunodeficiency virus test, shall order the defendant to undergo a human immunodeficiency virus test, under the direction of the Cabinet for Health and Family Services... (6) The cost of testing under this section shall be paid by the defendant tested, unless the court has determined the defendant to be indigent.	All	Indigency	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Not specified
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 534.040	Fines for misdemeanors and violations	(4) Fines required by this section shall not be imposed upon any person determined by the court to be indigent pursuant to KRS Chapter 31.	Misdemeanor	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Not provided for
Add to Dashboard + Create New	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 + See more 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.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Waive portion of surcharge.
Add to Dashboard + Create New	Maine	Me. Rev. Stat. tit 17-A § 1807(6)	Conditions of probation	The court shall attach as a condition of probation that the person pay, through the Department of Corrections, a supervision fee of between $10 and $50 per month, as determined + See more by the court, for the term of probation. If the court does not set a supervision fee, the supervision fee is $10 per month. Notwithstanding the attachment of supervision fee conditions on more than one sentence, a person on probation on concurrent sentences is required to pay only one supervision fee. In determining whether to set an amount higher than $10 per month, the court shall take into account the financial resources of the person and the nature of the burden its payment imposes. A person may not be sentenced to imprisonment without probation solely for the reason the person is not able to pay the fee.	All	financial resources and nature of burden	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	may allow additional time
Add to Dashboard + Create New	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 + See more 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.	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
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 258B, § 8	Assessments imposed by court	If it is determined by a written finding of fact that an assessment, other than for a civil motor vehicle infraction imposed by this section would cause a substantial financial + See more hardship to the person against whom the assessment is imposed or the person’s immediate family or the person’s dependents, the court may waive the fee or structure a payment plan in order to ensure compliance with payment; provided, however, that the court may order a person required to pay a domestic violence prevention and victim assistance assessment to complete at least 8 hours of community service in order to satisfy such assessment, if a structured payment would continue to impose a severe financial hardship.	All	severe financial hardship	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	waive the fee or structure a payment plan; community service in lieu of payment.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 279, § 1	Suspension of execution; payment of fine; probation; revocation of suspension; exceptions	When a person convicted before a court is sentenced to imprisonment, the court may direct that the execution of the sentence, or any part thereof, be suspended and that he + See more be placed on probation for such time and on such terms and conditions as it shall fix. When a person so convicted is sentenced to pay a fine and to stand committed until it is paid, the court may direct that the execution of the sentence, or any part thereof, be suspended for such time as it shall fix and in its discretion that he be placed on probation on condition that he pay the fine within such time. If the fine does not exceed two hundred dollars and the court finds that the defendant is unable to pay it when imposed, the execution of the sentence shall be suspended and he may in its discretion be placed on probation, unless the court shall find that he will probably default, or that such suspension will be detrimental to the interests of the public.	All	Not provided for	At enforcement of fine or fee	Not provided for	Determined by judge without hearing	No	The execution of the sentence, or part of the sentence, may be suspended and the court may in its discretion place the person on probation.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 111B	Fraudulent Motor Vehicle Insurance Claims; Penalties; Reimbursement of Insurer.	Upon a real or impending change in financial circumstances, a defendant ordered to pay restitution may petition the court for a modification of the amount, time or method of payment + See more of restitution. If the court finds that because of any such change the payment of restitution will impose an undue financial hardship on the defendant or his family, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.	All	Payment would impose an undue financial hardship on defendant or his family.	At defendant's request at enforcement	Not provided for	Determined by judge without hearing	No	Remission from any payment of restitution or modify the amount, time or method of payment;
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 111B	Fraudulent Motor Vehicle Insurance Claims; Penalties; Reimbursement of Insurer.	. . . In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose + See more on the defendant.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Not provided for
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 147(e)	Counterfeit Marks — Manufacture, Use or Display.	Any person convicted under this section shall, in addition to any penalty imposed pursuant to subsection (b), be punished by a fine in an amount not to exceed three times + See more the retail value of the items bearing or of services identified by a counterfeit mark, unless extenuating circumstances are shown by the defendant.	Misdemeanor	Extenuating circumstances	Not provided for	Burden on defendant to show inability to pay	Determined by judge without hearing	Yes	N/A
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 27A	Removing or Concealing Motor Vehicles or Trailers to Defraud Insurers; Reimbursement of Insurers.	Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof; provided, however, the court shall consider the defendant’s present and future ability to pay in + See more its determinations regarding a find; provided, further, that, whenever possible subject to the constraints of this paragraph and the preceding paragraph, the amount of a fine imposed for a violation of this section shall equal twice the amount of damages or financial loss suffered as a result of the defendant’s crime.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	N/A
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 27A	Removing or Concealing Motor Vehicles or Trailers to Defraud Insurers; Reimbursement of Insurers.	In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant. + See more Upon a real or impending change in financial circumstances, a defendant ordered to pay restitution may petition the court for a modification of the amount, time or method of payment of restitution. If the court finds that because of any such change the payment of restitution will cause a substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents, the court may grant remission from any payment of restitution or modify the amount, time or method of payment.	Felony	A substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents	At defendant's request at enforcement	Not provided for	Determined by judge without hearing	No	Modification of the amount, time or method of payment of restitution; remission from any payment of restitution or modify the amount, time or method of payment.
Add to Dashboard + Create New	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 + See more 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.	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.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 269, § 14(d)	False Reports Relative to Location of Explosives, etc., Penalized.	. . . A person found guilty of violating this section shall, in all cases, in addition to any other punishment, be ordered to make restitution to the individual, public + See more or private entity for any costs incurred, damages and financial loss sustained as a result of the commission of the crime. Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof, however, the court shall consider the defendant’s present and future ability to pay in its determinations regarding a fine. In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	N/A
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 90, § 24D	Drivers Convicted of Operating Motor Vehicle Under the Influence of Intoxicating Liquors or Controlled Substances.	Each person placed in a program of driver alcohol or controlled substance abuse education and, if deemed necessary by the court, a program of alcohol or controlled substance abuse treatment, + See more rehabilitation, or alcohol or controlled substance abuse treatment and rehabilitation pursuant to this section shall pay directly to such program a fee in an amount to be determined by the department of public health . . . No person may be excluded from said program for inability to pay the stated fee, provided that such person files an affidavit of indigency or inability to pay with the court within ten days of the date of disposition, that investigation by the probation officer confirms such indigency or establishes that the payment of such fee would cause a grave and serious hardship to such individual or to the family of such individual, and that the court enters a written finding thereof. In lieu of waiver of the entire amount of said fee, the court may direct such individual to make partial or installment payments of such fee when appropriate. Subject to appropriation, the department of public health shall reimburse each program for the costs of services provided to persons for whom payment of a fee has been waived on the grounds of indigency.	Traffic	Indigency; payment of such fee would cause a grave and serious hardship to such individual or to the family of such individual.	At defendant's request before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	Yes	Waiver, partial or installment payments of fee.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 90B, § 8(3)(B)	Operation of Vessel Under Influence of Liquor or Drugs; Water Skiing; Reckless Operation	The defendant shall pay for the cost of the services provided by the boating safety education course, the alcohol education or rehabilitation program, and the residential alcohol treatment program; however, + See more no person shall be excluded from said programs for inability to pay, provided that such person files an affidavit of indigency or inability to pay with the court, that investigation by the probation officer confirms such indigency or establishes that the payment of such fee would cause a grave and serious hardship to such individual or to the family of such individual, and that the court enters a written finding thereof. In lieu of waiver of the entire amount of said fee, the court may direct such individual to make partial or installment payments of the cost of said program.	Traffic	Cause a grave and serious hardship to such individual or to the family	At defendant's request before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	Yes	Waiver, partial or installment payments of fee.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 276, § 30	Default Warrants — Warrant for Forfeiting or Defaulting on Bail Bond or Recognizance — Fees.	Any person arrested on a warrant issued because such person has forfeited or defaulted on his bail bond or recognizance or has been surrendered by a probation officer shall be + See more required by the court to pay a fee of $75 payable to the city or town in which such arrest was effected, unless the judge finds that such person is indigent or that such fee would cause a substantial financial hardship to the person, the person’s immediate family or the person’s dependents, in which case such person shall be required to perform one day of community service, unless the judge further finds that such person is physically or mentally unable to perform such service.	All	Indigent or that such fee would cause 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	Yes	One day of community service

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