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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
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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
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the 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.
All Not provided for Not provided for Not provided for Administrative decision No

Exempt

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Florida Fla. Stat. §948.06(5) Violation of probation or community control; revocation; modification; continuance; failure to pay restitution or cost of supervision
In any hearing in which the failure of a probationer or offender in community control to pay restitution or the cost of supervision as provided in s. 948.09, as directed,
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is established by the state, if the probationer or offender asserts his or her inability to pay restitution or the cost of supervision, it is incumbent upon the probationer or offender to prove by clear and convincing evidence that he or she does not have the present resources available to pay restitution or the cost of supervision despite sufficient bona fide efforts legally to acquire the resources to do so. If the probationer or offender cannot pay restitution or the cost of supervision despite sufficient bona fide efforts, the court shall consider alternate measures of punishment other than imprisonment. Only if alternate measures are not adequate to meet the state’s interests in punishment and deterrence may the court imprison a probationer or offender in community control who has demonstrated sufficient bona fide efforts to pay restitution or the cost of supervision.
All

Inability to pay: Does not have the present resources available to pay restitution or the cost of supervision despite sufficient bona fide efforts legally to acquire the resources to do

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so

Not provided for Burden on defendant to show inability to pay Not provided for No

If the probationer or offender cannot pay restitution or the cost of supervision despite sufficient bona fide efforts, the court shall consider alternate measures of punishment other than imprisonment. Only

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if alternate measures are not adequate to meet the state’s interests in punishment and deterrence may the court imprison a probationer or offender in community control who has demonstrated sufficient bona fide efforts to pay restitution or the cost of supervision.

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Florida Fla. Stat. §985.039(3) Cost of supervision; cost of care
(2) The parent of any child who has been placed under the supervision or care of the department shall provide to the department his or her name, address, social security number,
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date of birth, driver license number or identification card number, and sufficient financial information so as to assist the court in determining the parent’s ability to pay any fee associated with the cost of the child’s supervision or care. If the parent refuses to provide the department with the information required by this subsection, the court shall order the parent to provide such information. The failure of the parent to comply with such order of the court constitutes contempt of court, and the court may punish the parent accordingly.(3) At the time of any detention or disposition hearing, the court shall receive the information described in subsection (2), as well as any other verbal or written information offered as to the ability of the parent of a child who is being placed under the supervision or care of the department to pay any fee imposed pursuant to this section and whether the payment of such fee will create a significant financial hardship. The court may apportion the obligation for the fee to each parent in a manner it deems appropriate; however, the total amount of the daily fee may not exceed the amounts specified in this section. Any finding made by the court as to the ability of the parent to pay such fee, including any finding of indigency or significant financial hardship, shall be in writing and shall contain a detailed description of the facts supporting such finding. If the court makes a finding of indigency and significant financial hardship, the court shall waive the fee or reduce it to an amount deemed appropriate. (4) Notwithstanding subsection (3), the court may reduce or waive the fee as to each parent if the court makes a finding on the record that the parent was the victim of the delinquent act or violation of law for which the child has been placed under the supervision or care of the department and that the parent is cooperating or has cooperated with the investigation of the offense.
All

Inability to pay: Indigency or significant financial hardship

Not provided for Burden on defendant to show inability to pay Not provided for Yes

Fee waiver or reduction

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Montana Mont. Code Ann. § 45-6-101(2) Criminal Mischief
Upon good cause shown by the convicted person, the court may modify any previous order specifying the amount and manner of restitution. Full payment of the amount of restitution ordered
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must be made prior to the release of state jurisdiction over the person convicted
All Not provided for At defendant's request at enforcement Burden on defendant to show inability to pay Not provided for No

Modify previous order specifying the amount and manner of restitution.

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Montana Mont. Code Ann. § 46-18-111 Presentence investigation--when required
The defendant shall pay to the department of corrections a $50 fee at the time that the report is completed, unless the court determines that the defendant is not able
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to pay the fee within a reasonable time.
All Not provided for Not provided for Not provided for Not provided for Yes

Waive or reduce fee

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Montana Mont. Code Ann. § 46-18-111 Presentence investigation--when required
The psychosexual evaluation must be made available to the county attorney's office, the defense attorney, the probation and parole officer, and the sentencing judge. All costs related to the evaluation
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must be paid by the defendant. If the defendant is determined by the district court to be indigent, all costs related to the evaluation are the responsibility of the district court and must be paid by the county or the state, or both, under Title 3, chapter 5, part 9. The district court may order subsequent psychosexual evaluations at the request of the county attorney. The requestor of any subsequent psychosexual evaluations is responsible for the cost of the evaluation.
All

Indigency

Not provided for Not provided for Not provided for Yes

Waive or reduce fee

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Montana Mont. Code Ann. § 46-23-1005(3) Misdemeanor probation offices--officers--costs The actual cost of probation supervision over the offender's sentence must be paid by the offender unless the offender can show that the offender is unable to pay those costs. Misdemeanor Not provided for Not provided for Burden on defendant to show inability to pay Not provided for Yes

Waive or reduce fee

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Montana Mont. Code Ann. § 46-23-1031(c) Supervisory fees
The court, department, or board may reduce or waive a fee required by subsection (1)(a) or (1)(b) or suspend the monthly payment of the supervisory fee if it determines that
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the payment would cause the person a significant financial hardship.
All Not provided for Not provided for Not provided for Not provided for Yes

Waive or reduce fee

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New York N.Y. Correct. Law § 201(9) Authority and responsibility for community supervision
The department shall waive all or part of such fee where, because of the indigence of the offender, the payment of said fee would work an unreasonable hardship on the
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person convicted, his or her immediate family, or any other person who is dependent on such person for financial support.
All

payment of said fee would work an unreasonable hardship on the person convicted, his or her immediate family, or any other person who is dependent on such person for financial

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support.

Not provided for Not provided for Not provided for Yes

Waiver of fee

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New York N.Y. Exec. Law § 257-c Probation administrative fee
The department shall waive all or part of such fee where, because of the indigence of the offender, the payment of said surcharge would work an unreasonable hardship on the
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person convicted, his or her immediate family, or any other person who is dependent on such person for financial support.
All

payment of said surcharge would work an unreasonable hardship on the person convicted, his or her immediate family, or any other person who is dependent on such person for financial

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support.

Not provided for Not provided for Not provided for Yes

Waiver of fee

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New York N.Y. Correct. Law § 189(2) Disposition of moneys paid to prisoner for his labor
The commissioner shall waive the collection of such fee where it is determined that the payment of the fee would work an unreasonable hardship on the prisoner or his or
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her immediate family.
All

payment of the fee would work an unreasonable hardship on the prisoner or his or her immediate family.

Not provided for Not provided for Not provided for Yes

Waiver of fee

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Oklahoma Okla. Stat. tit. 22, § 471.6H Final eligibility hearing--Acceptance into program--Duration of participation--Costs and fees--Driving privileges
Court orders for costs and fees shall remain an obligation of the offender until fully paid; provided, however, once the offender has successfully completed the drug court program, the drug
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court judge shall have the discretion to expressly waive all or part of the costs and fees provided for in this subsection if, in the opinion of the drug court judge, continued payment of the costs and fees by the offender would create a financial hardship for the offender. Offenders who have not fully paid all costs and fees pursuant to court order but who have otherwise successfully completed the drug court program shall not be counted as an active drug court participant for purposes of drug court contracts or program participant numbers.
All

No financial hardship

At enforcement of fine or fee Not provided for Not provided for No

Waiver of fee

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Oklahoma Okla. Stat. tit. 22, § 979a Payment of jail costs by inmate The defendant shall have an opportunity to object to the amount of costs solely on the grounds that the number of days served is incorrect. All

None. Defendant can only object on the grounds that the number of days served is incorrect.

Not provided for Burden on defendant to show inability to pay Not provided for Yes

Waiver of fee

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Tennessee Tenn. Code Ann. § 40-15-105(a)(2)(F) Memoranda of Understanding
(a)(2) Prosecution of the defendant shall not be suspended unless the parties in the memorandum of understanding also agree that the defendant observe one (1) or more of the following
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conditions during the period in which the prosecution is suspended: . . . (F) That the defendant pay, in addition to the payment of ten dollars ($10.00) per month required by this section, any or all additional costs of the defendant's supervision, counseling or treatment in a specified manner based upon the defendant's ability to pay;
All Not provided for Not provided for Burden on defendant to show inability to pay Not provided for Yes

Reduction or waiver of the fee

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Michigan Mich. Comp. Laws § 257.908(1)-(4) Default as civil contempt; penalty
If a defendant defaults in the payment of a civil fine, costs, or both, or of any installment, as ordered pursuant to section 907(2), the court, upon the motion of
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the plaintiff or upon its own motion, may require the defendant to show cause why the default should not be treated as in civil contempt and may issue a summons or order to show cause or a bench warrant of arrest for the defendant's appearance. . . . If it appears that the default in the payment of a civil fine or costs does not constitute civil contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount of payment or of each installment, or revoking the fine or costs or the unpaid portion thereof in whole or in part. . .
Traffic

"default was not attributable to an intentional refusal to obey the order of the court or to a failure on his or her part to make a good faith effort

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to obtain the funds required for payment"

At enforcement of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing No

allowing the defendant additional time for payment, reducing the amount of payment or of each installment, or revoking the fine or costs or the unpaid portion thereof in whole or

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in part

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Michigan Mich. Comp. Laws § 600.8729(1)-(4) Payment of fine, default as civil contempt
If a defendant defaults in the payment of a civil fine, costs, assessment, or, if applicable, damages or expenses as provided in section 8733(2) if applicable, or any installment, as
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ordered pursuant to section 8727, the court, upon the motion of the plaintiff or upon its own motion, may require the defendant to show cause why the defendant should not be held in civil contempt and may issue a summons, an order to show cause, or a bench warrant of arrest for the defendant's appearance. . . . If it appears that the default in the payment of a fine, costs, assessment, or damages or expenses does not constitute civil contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount of payment or of each installment, or revoking the fine, costs, assessment, or damages or expenses.
All

"the default was not attributable to an intentional refusal to obey the order of the court or to a failure on his or her part to make a good faith

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effort to obtain the funds required for payment"

At enforcement of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing No

allowing the defendant additional time for payment, reducing the amount of payment or of each installment, or revoking the fine, costs, assessment, or damages or expense

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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
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full 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.
All Not provided for Not provided for Not provided for Administrative decision Yes

Not specified

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Michigan Mich. Comp. Laws § 771.3(6)(a) Cost imposed as part of sentence of probation
(6) If the court imposes costs under subsection (2) as part of a sentence of probation, all of the following apply: (a) The court shall not require a probationer to
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pay costs under subsection (2) unless the probationer is or will be able to pay them during the term of probation. In determining the amount and method of payment of costs under subsection (2), the court shall take into account the probationer's financial resources and the nature of the burden that payment of costs will impose, with due regard to his or her other obligations.
All Not provided for Not provided for Not provided for Not provided for Yes

Not specified

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Michigan Mich. Comp. Laws § 771.3c(1) Probationer's projected income and financial resources
. In determining the amount of the fee, the court shall consider the probationer's projected income and financial resources. The court shall use the following table of projected monthly income
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in determining the amount of the fee to be ordered: [table]
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

Not specified

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Michigan Mich. Comp. Laws § 771.3c Order of probation; probation supervision fee; allocation of money collected for multiple obligations; juvenile committed pursuant to youth rehabilitation services act
The court may order a higher amount than indicated by the table, up to the maximum of $135.00 multiplied by the number of months of probation ordered, but not more
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than 60 months, if the court determines that the probationer has sufficient assets or other financial resources to warrant the higher amount. If the court orders a higher amount, the amount and the reasons for ordering that amount shall be stated in the court order. The fee shall be collected as provided in section 25a of the corrections code of 1953, 1953 PA 232, MCL 791.225a. A person shall not be subject to more than 1 supervision fee at the same time. If a supervision fee is ordered for a person for any month or months during which that person already is subject to a supervision fee, the court shall waive the fee having the shorter remaining duration.
All Not provided for Not provided for Not provided for Other No

Not specified