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

Ability to Pay

Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.

Every law can be saved to the Reform Builder

See all ability to pay policy recommendations in CJPP’s Policy Guide

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.

28 Results

Export results to Excel

	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. § 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	North Dakota	N.D. Cent. Code § 12.1-32-08(4)(b)	Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation	A defendant who is required to reimburse indigent defense costs and expenses as a condition of probation and who is not willfully in default in that reimbursement may at any + See more time petition the court that imposed the condition to waive reimbursement of all or any portion of the costs and expenses. If the court is satisfied that reimbursement of the amount due will impose undue hardship on the defendant or the defendant's immediate family, the court may waive reimbursement of all or any portion of the amount due or modify the method of payment.	All	the amount due will impose undue hardship on the defendant or the defendant's immediate family	At defendant's request at enforcement	Burden on defendant to show inability to pay	Determined by judge after hearing	No	waived
Add to Dashboard + Create New	New Jersey	N.J.Stat.Ann. § 2C:46-3	Revocation of fine	A defendant who has been sentenced to pay a fine may at any time petition the court which sentenced him for a revocation of the fine or of any unpaid + See more portion thereof. If it appears to the satisfaction of the court that the circumstances which warranted the imposition of the fine have changed, or that it would otherwise be unjust to require payment, the court may revoke the fine or the unpaid portion thereof in whole or in part.	All	"would be otherwise unjust to require payment"	At defendant's request at enforcement	Not provided for	Not provided for	No	revoke the fine in whole or in part
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 19.2-363	Authority of Governor to grant relief from fines and penalties in case of deceased defendant	provided, that when the party against whom the fine or penalty has been imposed and judgment rendered therefor has departed this life leaving a spouse or children surviving, the Governor + See more may remit such fine or penalty upon the certificate of the judge of the circuit court of the county or city wherein such fine or penalty was imposed and judgment rendered, that to enforce the same against the estate, real or personal, of the decedent, would impose hardship upon the spouse or children	All	would impose hardship upon the spouse or children	At defendant's request at enforcement	Not provided for	Determined by judge after hearing	No	remittance
Add to Dashboard + Create New	Mississippi	Miss. Code Ann. § 99-19-20 (2)	Fines; payment; indigent defendants; inability to work or unavailability of work	The defendant shall not be imprisoned if the defendant is financially unable to pay a fine and so states to the court in writing, under oath, after sentence is pronounced, + See more and the court so finds	All	Not provided for	At defendant's request at enforcement	Burden on defendant to show inability to pay	Other	Yes	work for the county
Add to Dashboard + Create New	Mississippi	Miss. Code Ann. § 47-7-49 (1)	hardship waiver	A hardship waiver may be granted by the sentencing court or the Department of Corrections. A hardship waiver may not be granted for a period of time exceeding ninety (90) + See more days.	Misdemeanor	inability to pay	At defendant's request at enforcement	Not provided for	Not provided for	Yes	hardship waiver
Add to Dashboard + Create New	Florida	Fla. Stat. §938.27(4)	Judgment for costs of prosecution and investigation	Any dispute as to the proper amount or type of costs shall be resolved by the court by the preponderance of the evidence. The burden of demonstrating the amount of + See more costs incurred is on the state attorney. The burden of demonstrating the financial resources of the defendant and the financial needs of the defendant is on the defendant. The burden of demonstrating such other matters as the court deems appropriate is upon the party designated by the court as justice requires.	All	Factors to be considered: Financial resources of the defendant and the financial needs of the defendant is on the defendant.	At defendant's request at enforcement	Burden on defendant to show inability to pay	Other	No	Not specified
Add to Dashboard + Create New	New York	N.Y. Crim. Proc. Law § 420.40	Deferral of a mandatory surcharge; financial hardship hearings	On an appearance date set forth in a summons issued pursuant to subdivision three of section 60.35 of the penal law, section eighteen hundred nine of the vehicle and traffic + See more law or section 27.12 of the parks, recreation and historic preservation law, a person upon whom a mandatory surcharge, sex offender registration fee or DNA databank fee was levied shall have an opportunity to present on the record credible and verifiable information establishing that the mandatory surcharge, sex offender registration fee or DNA databank fee should be deferred, in whole or in part, because, due to the indigence of such person the payment of said surcharge, sex offender registration fee or DNA databank fee would work an unreasonable hardship on the person or his or her immediate family.	All	an unreasonable hardship on the person or his or her immediate family	At defendant's request at enforcement	Burden on defendant to show inability to pay	Determined by judge after hearing	No	Deferral
Add to Dashboard + Create New	Oklahoma	Okla. Stat. tit. 31, § 1.1	Earnings from personal services--Exemption from process--Order	A. Following the issuance of an execution, attachment, or garnishment, except process to collect a judgment or order for child support or maintenance of children or in cases in which + See more the court has limited or reduced the application of this section pursuant to Section 142.18 of Title 21 of the Oklahoma Statutes, the debtor may file with the court an application requesting a hearing to exempt from such process by reason of undue hardship that portion of any earnings from personal services necessary for the maintenance of a family or other dependents supported wholly or partially by the labor of the debtor. A debtor with no family or other dependents may not claim an exemption under this section. A hearing on the application shall be set and conducted in the manner provided by Section 1172.2 of Title 12 of the Oklahoma Statutes and subsection C of Section 1174 of Title 12 of the Oklahoma Statutes.B. In determining the existence of an undue hardship, the court should consider the income and expenses of the family and other dependents, and the standard of living created by the income and expenses. The court should also consider the standard of living in relationship to the minimal subsistence needs of the debtor's family and other dependents, with comparison to the minimal subsistence standards in the community, in regard to basic shelter, food, clothing, personal necessities and transportation. The court should then determine if the lack of the funds sought to be exempt would be an undue hardship by creating less than a minimal level of subsistence. If deprivation of these earnings would create an undue hardship on the debtor and the family or other dependents the debtor supports, the court may: 1. Order all or a portion of the personal earnings exempt; or 2. In the case of a continuing earnings garnishment pursuant to Section 1173.4 of Title 12 of the Oklahoma Statutes, exempt all or a portion of the personal earnings withheld within the thirty (30) days preceding the filing of the claim for exemption or modify or stay the garnishment for a period of time not to exceed the remainder of the term of the garnishment.	All	Undue hardship	At defendant's request at enforcement	Not provided for	Determined by judge after hearing	Yes	1. Order all or a portion of the personal earnings exempt; or 2. In the case of a continuing earnings garnishment pursuant to Section 1173.4 of Title 12 of the + See more Oklahoma Statutes, exempt all or a portion of the personal earnings withheld within the thirty (30) days preceding the filing of the claim for exemption or modify or stay the garnishment for a period of time not to exceed the remainder of the term of the garnishment.
Add to Dashboard + Create New	Alabama	Ala.Code 1975 § 12-23-18	Alcohol and Drug Abuse Court Referral and Treatment Program: Waiver of fees	Any person determined to be indigent by the court may request waiver of all or part of the fees established by this chapter. In such cases where a waiver of + See more fees is granted, such waiver shall be limited to the time when the offender is unable to pay. If the offender becomes able to pay during the course of monitoring or treatment, or another future date, the waiver of fees may be revoked. The judge may order an indigent offender to perform community service in lieu of payment of fees.	All	Not provided for	At defendant's request at enforcement	Burden on defendant to show inability to pay	Not provided for	No	Not provided for
Add to Dashboard + Create New	Florida	Fla. Stat. §775.089(6)-(7)	Restitution	(6)(a) The court, in determining whether to order restitution and the amount of such restitution, shall consider the amount of the loss sustained by any victim as a result of + See more the offense. (b) The criminal court, at the time of enforcement of the restitution order, shall consider the financial resources of the defendant, the present and potential future financial needs and earning ability of the defendant and his or her dependents, and such other factors which it deems appropriate. (7) Any dispute as to the proper amount or type of restitution shall be resolved by the court by the preponderance of the evidence. The burden of demonstrating the amount of the loss sustained by a victim as a result of the offense is on the state attorney. The burden of demonstrating the present financial resources and the absence of potential future financial resources of the defendant and the financial needs of the defendant and his or her dependents is on the defendant. The burden of demonstrating such other matters as the court deems appropriate is upon the party designated by the court as justice requires.	All	Factors to be considered: Present financial resources and the absence of potential future financial resources of the defendant and the financial needs of the defendant and his or her dependents + See more is on the defendant.	At defendant's request at enforcement	Burden on defendant to show inability to pay	Determined by judge after hearing	Yes	Not specified
Add to Dashboard + Create New	Florida	Fla. Stat. §938.29(3), (5)	Legal assistance; lien for payment of attorney's fees or costs	(3) The clerk of the circuit court within the county wherein the defendant-recipient was tried or received the services of a public defender, special assistant public defender, office of criminal + See more conflict and civil regional counsel, or appointed private legal counsel, or received due process services after being found indigent for costs, shall enforce, satisfy, compromise, settle, subordinate, release, or otherwise dispose of any debt or lien imposed under this section. A defendant-recipient or parent, liable to pay attorney's fees or costs and who is not in willful default in the payment thereof, may, at any time, petition the court which entered the order for deferral of the payment of attorney's fees or costs or of any unpaid portion thereof. (5) The court having jurisdiction of the defendant-recipient shall, at such stage of the proceedings as the court may deem appropriate, determine the value of the services of the public defender, special assistant public defender, office of criminal conflict and civil regional counsel, or appointed private legal counsel and costs, at which time the defendant-recipient or parent, after adequate notice thereof, shall have opportunity to be heard and offer objection to the determination, and to be represented by counsel, with due opportunity to exercise and be accorded the procedures and rights provided in the laws and court rules pertaining to civil cases at law.	All	Not provided for	At defendant's request at enforcement	Not provided for	Determined by judge after hearing	No	Delay payment
Add to Dashboard + Create New	Alaska	Alaska Stat. Ann. § 12.55.051(c)	Enforcement of Fines and Restitution	A defendant who has been sentenced to pay a fine or restitution may request a hearing regarding the defendant's ability to pay the fine or restitution at any time that + See more the defendant is required to pay all or a portion of the fine or restitution. The court may deny the request if it has previously considered the defendant's ability to pay and the defendant's request does not allege changed circumstances. If, at a hearing under this subsection, the defendant proves by a preponderance of the evidence that the defendant will be unable through good faith efforts to satisfy the order requiring payment of the fine or restitution, the court shall modify the order so that the defendant can pay the fine or restitution through good faith efforts. The court may reduce the fine ordered, change the payment schedule, or otherwise modify the order. The court may not reduce an order of restitution but may change the payment schedule.	All	"Defendant will be unable through good faith efforts to satisfy the order requiring payment of the fine or restitution."	At defendant's request at enforcement	Burden on defendant to show inability to pay	Determined by judge after hearing	No	Reduction of fine; modification of fee schedule; or any other modification the Court thinks appropriate.
Add to Dashboard + Create New	Delaware	10 Del. C. §8601(d)	Recoupment of Costs	A defendant who has been required to pay the costs of defense and who is not in contumacious default in the payment thereof may at any time petition the court + See more for remission of the payment of such costs, or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or immediate family, the court may remit all or part of the amount due in costs, or modify the method of payment.	All	"Will impose manifest hardship on the defendant or immediate family."	At defendant's request at enforcement	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Remission of All or Part of Fee.
Add to Dashboard + Create New	Colorado	Colo. Rev. Stat. §18-1.3-702(2);(4)	Monetary Payments - Due Process Required	When the court imposes a sentence, enters a judgment, or issues an order that obligates a defendant to pay any monetary amount, the court shall instruct the defendant as follows: + See more (a) If at any time the defendant is unable to pay the monetary amount due, the defendant must contact the court's designated official or appear before the court to explain why he or she is unable to pay the monetary amount. (b) If the defendant lacks the present ability to pay the monetary amount due without undue hardship to the defendant or the defendant's dependents, the court shall not jail the defendant for failure to pay. (4) For purposes of this section, a defendant or a defendant's dependents are considered to suffer undue hardship if he, she, or they would be deprived of money needed for basic living necessities, such as food, shelter, clothing, necessary medical expenses, or child support.	All	"The present ability to pay the monetary amount due without undue hardship to the defendant or the defendant's dependents"; "A defendant or a defendant's dependents are considered to suffer undue hardship if + See more he, she, or they would be deprived of money needed for basic living necessities, such as food, shelter, clothing, necessary medical expenses, or child support."	At defendant's request at enforcement	Burden on defendant to show inability to pay	Determined by judge after hearing	No	Not provided for
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, § 108	Destroying Vessel to Defraud Owner or Insurer.	A defendant ordered to make restitution may petition the court for remission from any payment of restitution or from any unpaid portion thereof. If the court finds that the payment + See more of restitution due will impose a substantial financial hardship on 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 time and method of payment.	All	Not provided for	At defendant's request at enforcement	Not provided for	Not provided for	No	May grant remission or modify time and method of payment.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 108	Destroying Vessel to Defraud Owner or Insurer.	If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court may hold him in contempt unless said defendant has made + See more a good faith effort to make restitution. If the defendant has made such good faith effort, the court may, upon motion of the defendant, modify the order requiring restitution by: (a) providing for additional time to make any payment in restitution; (b) reducing the amount of any payment in restitution or installment thereof; (c) granting a remission from any payment of restitution or part thereof.	All	N/A	At defendant's request at enforcement	Not provided for	Determined by judge after hearing	No	Modify restitution order by providing for additional time to make any payment in restitution, reducing the amount of any payment in restitution or installment thereof, or granting a remission from + See more any payment of restitution or part thereof.
Add to Dashboard + Create New	Minnesota	Minn. Stat. Ann. § 609.104(1)(b)	Fine and Surcharge Collection	The defendant may contest the referral for collection based on inability to pay by requesting a hearing no later than the due date. The defendant shall be notified in writing at sentencing that under section 480.15, subdivision 10c, the court may refer the case for collection for nonpayment, and collection costs may be added to the amount due. The defendant shall also be notified in writing of the right to contest a referral for collection. The state court administrator shall develop + See more the notice language.	All	Not provided for	At defendant's request at enforcement	Not provided for	Determined by judge after hearing	Yes	Not specified
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 558.008	Revocation of a fine	A defendant who has been sentenced to pay a fine may at any time petition the sentencing court for a revocation of a fine or any unpaid portion thereof. If + See more it appears to the satisfaction of the court that the circumstances which warranted the imposition of the fine no longer exist or that it would otherwise be unjust to require payment of the fine, the court may revoke the fine or the unpaid portion in whole or in part or may modify the method of payment.	All	Unjust to require payment	At defendant's request at enforcement	Not provided for	Not provided for	No	Revocation of fine

Ability to Pay

Timeline

Burden of proof

Method of determination

Mandatory

Narrrow results

Level of Offense

Ability to Pay

State

Keyword search

Reset

Timeline

Burden of proof

Method of determination

Mandatory

Narrrow results

Level of Offense