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	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 + See more 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.	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
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 209A, § 10	Assessments against persons referred to certified batterers' treatment program as condition of probation	The court shall impose an assessment of three hundred and fifty dollars against any person who has been referred to a certified batterers’ treatment program as a condition of probation. + See more Said assessment shall be in addition to the cost of the treatment program. In the discretion of the court, said assessment may be reduced or waived when the court finds that the person is indigent or that payment of the assessment would cause substantial financial hardship to the person or the person’s immediate family or the person’s dependents.	All	Indigent or substantial financial hardship to the person or 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	Reduced or waived
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 265, § 47	Probation of Sex Offenders; Geographic Exclusion Zones; GPS.	The fees incurred by installing, maintaining and operating the global positioning system device, or comparable device, shall be paid by the probationer. If the court finds that such fees would + See more cause a substantial financial hardship to the offender or the person’s immediate family or the person’s dependents, the court may waive such fees.	All	A substantial financial hardship to the offender or the person’s immediate family or the person’s dependents	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Fee waiver
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 280, § 6A	Special Cost Assessments.	When a fine is suspended, in whole or in part, the special cost assessment shall be computed on the fine remaining to be paid. The court or justice may waive + See more all or any part of said cost assessment upon a finding that such payment would cause a substantial financial hardship to the person, the person’s immediate family or the person’s dependents.	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	Waive all or part of fee
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 280, § 6B	Assessment — Certain Crimes Relating to Controlled Substances.	The court shall impose an assessment of not less than thirty–five dollars nor more than one hundred dollars against any person who has attained the age of 18 years and + See more who is convicted of a misdemeanor or against whom a finding of sufficient facts for a conviction is made on a complaint charging a misdemeanor under sections thirty–two C, thirty–two D, and thirty–two G and thirty–five of chapter ninety–four C. The court shall impose an assessment of not less than one hundred and fifty dollars nor more than five hundred dollars against any person who is convicted of a felony or against whom a finding of sufficient facts for a conviction is made on a complaint charging a felony under sections thirty–two, thirty–two A, thirty–two B, thirty–two E, thirty–two F and thirty–four of chapter ninety–four C. When multiple criminal offenses arising from a single incident are charged, the total assessment shall not exceed five hundred dollars. The court or justice may waive all or any part of said assessment upon a finding that such payment would cause a substantial financial hardship to the person, the person’s immediate family or the person’s dependents.	Misdemeanor	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	Reduced or waived
Add to Dashboard + Create New	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 + See more 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.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Fee waiver
Add to Dashboard + Create New	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 + See more 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.	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.
Add to Dashboard + Create New	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 + See more 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.	All	Indigent	Not provided for	Not provided for	Determined by judge without hearing	No	N/A
Add to Dashboard + Create New	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 + See more 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.	All	Not provided for	At enforcement of fine or fee	Not provided for	Determined by judge without hearing	No	Extend probation period
Add to Dashboard + Create New	Minnesota	Minn. R. Crim. P. 28.02(5)(9)	Appeal by defendant	All fees--including appeal fees, hearing fees, or filing fees--ordinarily charged by the clerk of the appellate courts or court administrators are waived when the State Public Defender's office, or other + See more public defender's office, represents the defendant. The court must also waive these fees on a sufficient showing by any other attorney that the defendant cannot pay them.	All	Not provided for	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Fee waiver
Add to Dashboard + Create New	Minnesota	Minn. Stat. Ann. § 609.101(5)(b)	Surcharge on Fines, Assessments; Minimum Fines	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 + See more fine would create undue hardship for the convicted person or that person’s immediate family, the court may reduce the amount of the minimum fine to not less than $ 50. Additionally, the court may permit the defendant to perform community work service in lieu of a fine.	All	Indigent or that immediate payment of the fine would create undue hardship for the convicted person or that person’s immediate family.	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Maximum $50 fine or community service.
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 557.011	Authorized dispositions	In the event a sentence of confinement is ordered executed, a court may order that an individual serve all or any portion of such sentence on electronic monitoring; except that + See more all costs associated with the electronic monitoring shall be charged to the person on house arrest. If the judge finds the person unable to afford the costs associated with electronic monitoring, the judge may order that the person be placed on house arrest with electronic monitoring if the county commission agrees to pay the costs of such monitoring. If the person on house arrest is unable to afford the costs associated with electronic monitoring and the county commission does not agree to pay from the general revenue of the county the costs of such electronic monitoring, the judge shall not order that the person be placed on house arrest with electronic monitoring.	All	Unable to afford costs	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Payment by county
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 479.260(1)	Court costs and fees, judicial education fund, purpose, administration	Municipalities by ordinance may provide for fees in an amount per case to be set pursuant to sections 488.010 to 488.020 for each municipal ordinance violation case filed before a municipal judge, and in + See more the event a defendant pleads guilty or is found guilty, the judge may assess costs against the defendant except in those cases where the defendant is found by the judge to be indigent and unable to pay the costs.	All	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Fees not assessed.
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 600.090(1)	Determination of ability to pay all or part of representation costs--lien for reasonable value of services, procedure--deposit of funds collected	If a person is determined to be eligible for the services provided by the state public defender system and if, at the time such determination is made, he is able + See more to provide a limited cash contribution toward the cost of his representation without imposing a substantial hardship upon himself or his dependents, such contribution shall be required as a condition of his representation by the state public defender system.	All	Able to provide limited cash contribution without imposing substantial hardship upon himself or his dependents.	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Payment of total costs of representation
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 600.086(3),(6)	Eligibility for representation, rules to establish--indigency, how determined, procedure, appeal--false statements, penalty--investigation authorized	3. The determination of indigency of any person seeking the services of the state public defender system shall be made by the defender or anyone serving under him at any + See more stage of the proceedings. Upon motion by either party, the court in which the case is pending shall have authority to determine whether the services of the public defender may be utilized by the defendant. Upon the courts finding that the defendant is not indigent, the public defender shall no longer represent the defendant. Any such person claiming indigency shall file with the court an affidavit which shall contain the factual information required by the commission under rules which may be established by the commission in determining indigency. 6. The burden shall lie on the accused or the defendant to convince the defender or the court of his eligibility to receive legal services, in any conference, hearing or question thereon.	All	Indigent	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Representation by public defender
Add to Dashboard + Create New	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 + See more 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.	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.
Add to Dashboard + Create New	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 + See more 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.	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.
Add to Dashboard + Create New	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 + See more 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.	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.
Add to Dashboard + Create New	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 + See more 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.	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.
Add to Dashboard + Create New	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 + See more 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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