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	Montana	Mont. Code Ann. § 3-1-317(2)	User surcharge for court information technology -- exception	If a court determines that a defendant in a criminal case or determines pursuant to 25-10-404 that a party in a civil case is unable to pay the surcharge, the + See more court may waive payment of the surcharge imposed by this section.	All	Not provided for	Not provided for	Not provided for	Not provided for	No	Waive surcharge
Add to Dashboard + Create New	Montana	Mont. Code Ann. § 3-1-318(2)	Surcharges upon certain criminal convictions -- exception	A court may not waive payment of the surcharge unless the court determines that the defendant is unable to pay the surcharge. Inability to pay must be supported by a + See more sworn statement from the defendant demonstrating financial inability to pay without substantial hardship in providing for personal or family necessities. The statement is not admissible in the proceeding unless offered for impeachment purposes and is not admissible in a subsequent prosecution for perjury or false swearing.	All	Financial inability to pay without substantial hardship in providing for personal or family necessities	Not provided for	Burden on defendant to show inability to pay	Not provided for	No	Waive surcharge
Add to Dashboard + Create New	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 + See more 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.
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	Montana	Mont. Code Ann. § 46-18-111	Presentence investigation--when required	The mental health 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 + See more evaluation 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.	All	Indigency	Not provided for	Not provided for	Not provided for	Yes	Waive or reduce fee
Add to Dashboard + Create New	Montana	Mont. Code Ann. § 46-18-236(2)	Imposition of charge upon conviction or forfeiture--administration	If a convicting court determines under 46-18-231 and 46-18-232 that the person is not able to pay the fine and costs or that the person is unable to pay within + See more a reasonable time, the court shall waive payment of the charge imposed by this section.	All	As determined under Mont. Code Ann. § 46-18-231 and Mont. Code Ann. § 46-18-232	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Waive surcharge
Add to Dashboard + Create New	New York	N.Y. Crim. Proc. Law § 420.30	Remission of fines, restitution or reparation	a court may waive the crime victim assistance fee if such defendant is an eligible youth as defined in subdivision two of section 720.10 of this chapter, and the imposition of such + See more fee would work an unreasonable hardship on the defendant, his or her immediate family, or any other person who is dependent on such defendant for financial support.	All	imposition of such fee would work an unreasonable hardship on the defendant, his or her immediate family, or any other person who is dependent on such defendant for financial support.	Not provided for	Not provided for	Not provided for	No	Waiver of fee
Add to Dashboard + Create New	New York	N.Y. Crim. Proc. Law § 420.35	Mandatory surcharge and crime victim assistance fee; applicability to sentences mandating payment of fines	When the court directs that the defendant be imprisoned until the mandatory surcharge, sex offender registration fee or DNA databank fee is satisfied, it must specify a maximum period of + See more imprisonment not to exceed fifteen days; provided, however, a court may not direct that a defendant be imprisoned until the mandatory surcharge, sex offender registration fee, or DNA databank fee is satisfied or otherwise for failure to pay the mandatory surcharge, sex offender registration fee or DNA databank fee unless the court makes a contemporaneous finding on the record, after according defendant notice and an opportunity to be heard, that the payment of the mandatory surcharge, sex offender registration fee or DNA databank fee upon defendant will not work an unreasonable hardship upon him or her or his or her immediate family.	All	unreasonable hardship upon defendant or defendant's immediate family	Not provided for	Not provided for	Not provided for	Yes	Waiver of fee
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 39-13-111(c)(5)	Domestic Assault - Additional Fee	In addition to any other punishment that may be imposed for a violation of this section, if, as determined by the court, the defendant possesses the ability to pay a + See more fine in an amount not in excess of two hundred twenty-five dollars ($225), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred twenty-five dollars ($225).	All	No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other + See more mitigating and enhancing factors.	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	Yes	Imposition of a lower fee
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 973.055(4)	Domestic abuse surcharge waiver	(4) A court may waive part or all of the domestic abuse surcharge under this section if it determines that the imposition of the full surcharge would have a negative + See more impact on the offenders family.	All	Not provided for	Not provided for	Not provided for	Not provided for	No	Not provided for
Add to Dashboard + Create New	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 + See more 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 + See more 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 + See more in part
Add to Dashboard + Create New	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 + See more 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 + See more 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
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	Washington DC	DC ST § 11-2604 (f)	Payment for representation	(f) If a person for whom counsel is appointed under this section appeals to the District of Columbia Court of Appeals, such person may do so without prepayment of fees + See more and costs or security therefor and without filing the affidavit required by section 1915(a) of title 28, United States Code.	All	Not provided for	Before imposition of fine or fee	Not provided for	Other	Yes	May proceed without prepayment of fees
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-32-08(5)	Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation	If the court finds that the defendant is unable to pay a fine, supervision fee, reimbursement for indigent defense costs and expenses, or restitution or reparations, the court may order + See more the defendant to perform reasonable assigned work in lieu of all or part of a fine, a supervision fee, reimbursement for indigent defense costs and expenses, or restitution or reparations. The defendant may not perform reasonable assigned work in lieu of restitution or reparations unless the person entitled to restitution or reparations has consented in writing or on the record.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	reasonable assigned work in lieu of all or part of paynment
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 29-26-22.2	Authority to compromise judgment by county commissioners	The board of county commissioners has authority to compromise and settle any judgment for fines or costs payable to the county treasury after a lapse of two years from the + See more filing thereof, if in the opinion of said board said judgment cannot be collected in full. Upon receipt of a certified copy of the board's action, the state's attorney of said county shall in accordance therewith make and file a partial or total satisfaction of said judgment as attorney for the county.	All	Not provided for	Not provided for	Not provided for	Administrative decision	No	Not provided for
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 29-26-22(4)	Judgment for fines--Court administration fee--Community service supervision fee--Special funds--Docketing and enforcement	A court may waive the administration fee or community service supervision fee upon a showing of indigency as provided in section 25-03.1-13. District court administration fees, exclusive of amounts deposited + See more in the indigent defense administration fund and the court facilities and improvement fund, and forfeitures must be deposited in the state general fund. A judgment that the defendant pay a fine or fees, or both, may be docketed and if docketed constitutes a lien upon the real estate of the defendant in like manner as a judgment for money rendered in a civil action. The court may allow the defendant to pay any assessed administration fee or community service supervision fee in installments. When a defendant is assessed administration fees or a community service supervision fee, the court may not impose at the same time an alternative sentence to be served if the fees are not paid.	All	The statute refers to N.D. Cent. Code § 25-03.1-13(4), which contains a general provision about indigency: "If the court determines that the respondent is indigent, the court shall order that + See more appointed counsel be compensated from county funds of the county that is the respondent's place of residence in a reasonable amount based upon time and expenses. After notice and hearing, the court may order a respondent with appointed counsel to reimburse the county for expenditures made on the respondent's behalf."	Not provided for	Not provided for	Not provided for	No	Court may waive the administration fee or community service supervision fee.
Add to Dashboard + Create New	Nebraska	Neb. Rev. Stat. § 29-2284	Probation or parole; revocation; conditions	If the defendant is placed on probation or paroled, the court may revoke probation, and the Board of Parole may revoke parole if the defendant fails to comply with the + See more restitution order. In determining whether to revoke probation or parole, the court or Board of Parole shall consider the defendant's earning ability and financial resources, the willfulness of the defendant's failure to pay, and any special circumstances affecting the defendant's ability to pay. Probation or parole may not be revoked unless noncompliance with the restitution order is attributable to an intentional refusal to obey the order or a failure to make a good faith effort to comply with the order.	All	Not provided for	At enforcement of fine or fee	Not provided for	Not provided for	Yes	N/A
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 29-26-22(4)	Judgment for fines--Court administration fee--Community service supervision fee--Special funds--Docketing and enforcement	A court may waive the administration fee or community service supervision fee upon a showing of indigence as provided in section 25-03.1-13.	All	indigence as provided in section 25-03.1-13	Before imposition of fine or fee	Not provided for	Not provided for	No	fee may be waived; defendant may be allowed to pay in installments

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