Data Explorer: Ability to pay | 50 State Criminal Justice Debt Tool

Ability to Pay

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Below are the ability to pay laws that meet your search criteria. Many include a See related provisions prompt which searches our database for laws that may pertain to your result.

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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	New York	N.Y. Penal Law § 80.00	Fine for felony	When imposing a fine pursuant to the provisions of this paragraph, the court shall consider the profit gained by defendant's conduct, whether the amount of the fine is disproportionate to + See more the conduct in which defendant engaged, its impact on any victims, and defendant's economic circumstances, including the defendant's ability to pay, the effect of the fine upon his or her immediate family or any other persons to whom the defendant owes an obligation of support.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Not specified
Add to Dashboard + Create New	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 + See more 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 + See more support.	Not provided for	Not provided for	Not provided for	Yes	Waiver of fee
Add to Dashboard + Create New	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 + See more 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 + See more support.	Not provided for	Not provided for	Not provided for	Yes	Waiver of fee
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	New York	N.Y. Veh. & Traf. Law § 1198(5)	Installation and operation of ignition interlock devices	The cost of installing and maintaining the ignition interlock device shall be borne by the person subject to such condition unless the court determines such person is financially unable to + See more afford such cost whereupon such cost may be imposed pursuant to a payment plan or waived	All	the court determines such person is financially unable to afford such cost	Not provided for	Not provided for	Not provided for	No	Waiver or payment plan
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	Oklahoma	Okla. Stat. tit. 22, § 988.9	Fees and costs	In hardship cases the supervising agency may expressly waive all or part of the fee. No supervising agency participating in a local community sentencing system shall deny any offender supervision + See more services for the sole reason that the offender is indigent.	All	Not provided for	Not provided for	Not provided for	Administrative decision	No	Waiver of fee
Add to Dashboard + Create New	Oklahoma	Okla. Stat. tit. 22, § 991a(A)(4)	Sentencing powers of court--Alcohol and drug assessment and evaluation--Restitution, fines, or incarceration--Victim impact statements--Probation and monitoring--DNA samples	if, in the opinion of the court, the defendant is able to pay without imposing manifest hardship on the defendant, and if the costs incurred by the Bureau during the + See more investigation of the defendant's case may be determined with reasonable certainty;	All	Not provided for	Not provided for	Not provided for	Other	Yes	None specified
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	Oklahoma	Okla. Stat. tit. 22, § 60.2C	Protective order--Petition--Complaint requirement for certain stalking victims--Fees	the court shall have authority to waive the costs and fees if the court finds that the party does not have the ability to pay the costs and fees.	All	Not provided for	Not provided for	Not provided for	Not provided for	No	Waiver of costs
Add to Dashboard + Create New	Oklahoma	Okla. Stat. tit. 22, § 1355.14E	Payment of costs of representation--Fee schedule	The fees shall be assessed unless ordered waived upon good cause shown by the indigent person, or unless another amount is specifically requested by counsel for the indigent person and + See more is approved by the court.	All	Not indigent	At defendant's request before imposition of fine or fee	Burden on defendant to show inability to pay	Not provided for	No	Waiver of fee
Add to Dashboard + Create New	Oklahoma	Okla. Stat. tit. 10A, § 1-4-701A	Reimbursements and costs by parents able to pay	Upon notice to the parent or other person legally obligated to support the child and upon an opportunity to be heard and a finding of financial ability to pay	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	None specified
Add to Dashboard + Create New	Oklahoma	Okla. Stat. tit. 22, § 1355A	Application for representation by the System	except that the court may, based upon the financial information submitted, defer all or part of the fee if the court determines that the person does not have the financial + See more resources to pay the fee at time of application, to attach as a court fee upon conviction.	All	Not provided for	At enforcement of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Deferment of fee
Add to Dashboard + Create New	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
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 39-13-102(e)(2)	Aggravated Assault - Domestic Abuse	In addition to any other punishment that may be imposed for a violation of this section, if the relationship between the defendant and the victim of the assault is such + See more that the victim is a domestic abuse victim as defined in § 36-3-601, and if, as determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred dollars ($200).	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	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	Tennessee	Tenn. Code Ann. § 39-13-709(e)	Sex Offender Conviction Tax	The court may waive all or any portion of the tax required by this section if the court finds that a person convicted of a sex offense is indigent or + See more financially unable to pay.	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.	Not provided for	Burden on defendant to show inability to pay	Determined by judge after hearing	No	Reduction or waiver of the fee
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 39-17-428(d)	Fines and Penalties; Mandatory Minimums; Allocation	(1) Unless the judge, using the applicable criteria set out in § 40-14-202(c), determines that a person convicted of violating this section is indigent, or that payment of the minimum + See more fine would result in a severe economic hardship, or such fine would otherwise not be in the interests of justice, the minimum fines imposed by this section shall be mandatory and shall not be reduced, suspended, waived or otherwise released by the court. No plea agreement shall be accepted by a court if the agreement attempts to reduce or suspend all or any portion of the mandatory fines imposed by this section unless the judge determines that one (1) of the conditions set out in the first sentence of this subdivision (d)(1) exists.(2) If the judge of a court of general sessions determines that it is necessary to reduce, suspend, waive or otherwise release the minimum fines imposed by this section, the judge shall assess the fine, and write on the warrant the amount of the fine, the fact that it is reduced, suspended, waived or released and the reasons for the reduction, suspension, waiver or release. If done by the judge of a court of record, the judge shall assess the fine and make a specific finding of fact on the record relative to the reduction, suspension, waiver or release and the reasons for the reduction, suspension, waiver or release.	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.	Not provided for	Burden on defendant to show inability to pay	Determined by judge after hearing	Yes	Reduction or waiver of the fee
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 40-39-305(b)	Sexual Offender Fee	The department may waive all or any portion of the fees required by this section if it determines that an offender is indigent or financially unable to pay all or + See more any portion of the fee. The department shall waive only that portion of the surcharge which the offender is financially unable to pay.	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.	Not provided for	Burden on defendant to show inability to pay	Determined by judge after hearing	No	Reduction or waiver of the fee

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