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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.
28 Results
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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Nebraska | Neb. Rev. Stat. § 29-2412(1)(a),(c) | Fine and costs; nonpayment; commutation upon confinement; credit; amount |
(1) (a) Any person arrested and brought into custody on a warrant for failure to pay fines or costs, for failure to appear before a court or magistrate on the due date of such fines or costs, or for failure to comply with the terms of an order pursuant to sections 29-2206 and 29-2206.01, shall be entitled to a hearing on the first regularly scheduled court date following the date of arrest. The purpose of such hearing shall be to determine the person’s financial ability to pay such fines or costs. At the hearing, the person shall have the opportunity to present information as to his or her income, assets, debts, or other matters affecting his or her financial ability to pay. Following the hearing, the court or magistrate shall determine the person’s ability to pay the fines or costs, including his or her financial ability to pay by installment payments as described in section 29-2206;
(c) If the court or magistrate determines that the person is financially unable to pay the fines or costs, the court or magistrate: (i) Shall either: (A) Enter an order pursuant to subdivision (1)(d) of this section discharging the person of such fines or costs; or (B) If the person is subject to an order to pay installments pursuant to section 29-2206, the court or magistrate shall either enter an order pursuant to subdivision (1)(d) of this section discharging the person of such obligation or make any necessary modifications to the order specifying the terms of the installment payments as justice may require and that will enable the person to pay the fines or costs; and (ii) May order the person to complete community service for a specified number of hours pursuant to sections 29-2277 to 29-2279;
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All | Not provided for | At defendant's request at enforcement | Not provided for | Determined by judge after hearing | Yes |
Discharge payment of fines; installment payments; community service in lieu of fines. |
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New Hampshire | N.H. Rev. Stat. § 651-B:11(II) | Registration Fee |
An offender who cannot afford to pay the fee shall, within 10 days of registration, request a waiver of the fee and a hearing on the matter before the commissioner. In order to be considered for a waiver, the offender shall submit a financial affidavit on a form provided by the department. The division may at its discretion request such a waiver on behalf of an offender. If such a request is made, the commissioner shall promptly schedule and conduct a hearing pursuant to rules adopted under RSA 541-A, unless the commissioner or commissioner's designee determines a hearing is not necessary and waives the fee based on the offender's financial affidavit, or at the written request of the division. At the hearing, the burden shall be on the offender to prove that he or she is indigent. The offender may appeal the commissioner's decision to the superior court. Under no circumstances shall the offender's request for a hearing or indigence relieve the offender of the obligation to register as required pursuant to this chapter.
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All |
Indigent |
At defendant's request at enforcement | Burden on defendant to show inability to pay | Administrative decision | Yes |
Fee waiver |
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New Hampshire | N.H. Rev. Stat. § 618:10 | Petition for Discharge |
Whenever a person under conviction for a criminal offense and confined in a county correctional facility is unable to pay the fine, the superior court, upon petition of the prisoner or the superintendent and satisfactory proof of such inability, may order the prisoner to be discharged upon such terms as they may think proper.
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All |
Not provided for |
At defendant's request at enforcement | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
Discharge from prison. |
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North Carolina | N.C. Gen. Stat. Ann. § 15A-1363 | Remission of a fine or costs |
A defendant who has been required to pay a fine or costs, including a requirement to pay fine or costs as a condition of probation, or a prosecutor, may at any time petition the sentencing court for a remission or revocation of the fine or costs or any unpaid portion of it. If it appears to the satisfaction of the court that the circumstances which warranted the imposition of the fine or costs no longer exist, that it would otherwise be unjust to require payment, or that the proper administration of justice requires resolution of the case, the court may remit or revoke the fine or costs or the unpaid portion in whole or in part or may modify the method of payment.
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All |
Circumstances which warranted the imposition of the fine or costs no longer exist, that it would otherwise be unjust to require payment, or that the proper administration of justice requires resolution of the case.
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At defendant's request at enforcement | Burden on defendant to show inability to pay | Not provided for | No |
Court may remit or revoke the fine or costs or the unpaid portion in whole or in part or may modify the method of payment |
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Oregon | Or. Rev. Stat. § 137.106(4)(a) | Restitution to victims; objections by defendant |
If a judgment or supplemental judgment described in subsection (1) of this section includes restitution, a court may delay the enforcement of the monetary sanctions, including restitution, only if the defendant alleges and establishes to the satisfaction of the court the defendants inability to pay the judgment in full at the time the judgment is entered. If the court finds that the defendant is unable to pay, the court may establish or allow an appropriate supervising authority to establish a payment schedule, taking into consideration the financial resources of the defendant and the burden that payment of restitution will impose, with due regard to the other obligations of the defendant. The supervising authority shall be authorized to modify any payment schedule established under this section.
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All |
Not provided for |
At defendant's request at enforcement | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
Payment Plan |
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Oregon | Or. Rev. Stat. § 161.665(4)-(5) | Costs |
(4) The court may not sentence a defendant to pay costs under this section unless the defendant is or may be able to pay them. In determining the amount and method of payment of costs, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose.
(5) A defendant who has been sentenced to pay costs under this section and who is not in contumacious default in the payment of costs may at any time petition the court that sentenced the defendant for remission of the payment of costs or of any unpaid portion of costs. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the immediate family of the defendant, the court may enter a supplemental judgment that remits all or part of the amount due in costs, or modifies the method of payment under ORS 161.675. |
All |
Financial resources of the defendant and the nature of the burden that payment of costs will impose; amount due will impose manifest hardship on the defendant or the immediate family of the defendant
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At defendant's request at enforcement | Not provided for | Determined by judge without hearing | No |
Cost not imposed; modifies method of payment or remission of payment. |
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Washington | Wash. Rev. Code Ann 10.73.160(4) | Court fees and costs |
A defendant who has been sentenced to pay costs and who is not in contumacious default in the payment may at any time after release from total confinement petition the court that sentenced the defendant or juvenile offender for remission of the payment of costs or of any unpaid portion. If it appears to the satisfaction of the sentencing court that payment of the amount due will impose manifest hardship on the defendant or the defendant’s immediate family, the sentencing court may remit all or part of the amount due in costs, modify the method of payment under RCW 10.01.170, or convert the unpaid costs to community restitution hours, if the jurisdiction operates a community restitution program, at the rate of no less than the state minimum wage established in RCW 49.46.020 for each hour of community restitution. Manifest hardship exists where the defendant or juvenile offender is indigent as defined in RCW 10.101.010(3) (a) through (c).
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All |
Manifest hardship on the defendant or defendant's immediate family; indigent. |
At defendant's request at enforcement | Not provided for | Not provided for | No |
Court may remit all or part of the amount due in costs, modify the method of payment, or convert the unpaid costs to community restitution hours. |
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Washington | Wash. Rev. Code Ann 10.01.160(3)-(4) | Costs — What constitutes — Payment by defendant — Procedure — Remission — Medical or mental health treatment or services |
(3) The court shall not order a defendant to pay costs if the defendant at the time of sentencing is indigent as defined in RCW 10.101.010(3) (a) through (c). In determining the amount and method of payment of costs for defendants who are not indigent as defined in RCW 10.101.010(3) (a) through (c), the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose.
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All |
able to pay - based upon hardship |
At defendant's request at enforcement | Not provided for | Not provided for | No |
Court may remit all or part of the amount due in costs, modify the method of payment, or convert the unpaid costs to community restitution hours. |
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