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.

31 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
BS-+-Light-Rounded-Square
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.

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 petition the court that sentenced the defendant
+ See more
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, or modify the method of payment under RCW 10.01.170.
All

Manifest hardship on the defendant or defendant's immediate family

At defendant's request at enforcement Not provided for Not provided for No

Remit the fee

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Washington Wash. Rev. Code Ann 10.01.160(3)-(4) Ability to pay determination
(3) The court shall not order a defendant to pay costs unless the defendant is or will be able to pay them. In determining the amount and method of payment
+ See more
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.(4) A defendant who has been ordered to pay costs and who is not in contumacious default in the payment thereof may at any time petition the sentencing court for remission of the payment of 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 the defendant's immediate family, the court may remit all or part of the amount due in costs, or modify the method of payment under RCW 10.01.170.
All

able to pay - based upon hardship

At defendant's request at enforcement Not provided for Not provided for No

Remit the fee

BS-+-Light-Rounded-Square
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

BS-+-Light-Rounded-Square
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

BS-+-Light-Rounded-Square
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

BS-+-Light-Rounded-Square
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

BS-+-Light-Rounded-Square
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

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Vermont Vt. Stat. Ann. tit. 13 § 7180(f)(1) Community service for traffic offense
A defendant who is not incarcerated may file a motion to convert all or part of a traffic offense fine to community service. The Court may grant the motion if
+ See more
the defendant establishes that he or she has made a good faith effort to pay the fine but is unable to do so. A fine converted to community service pursuant to this subsection shall not be considered a modification of sentence and shall not be subject to the time limits of Vermont Rule of Criminal Procedure 35.
Traffic

"made a good faith effort to pay the fine but is unable to do so"

At defendant's request at enforcement Burden on defendant to show inability to pay Other No

Convert to community service

BS-+-Light-Rounded-Square
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

BS-+-Light-Rounded-Square
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

BS-+-Light-Rounded-Square
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.

BS-+-Light-Rounded-Square
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
BS-+-Light-Rounded-Square
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

BS-+-Light-Rounded-Square
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

BS-+-Light-Rounded-Square
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.

BS-+-Light-Rounded-Square
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.

BS-+-Light-Rounded-Square
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
BS-+-Light-Rounded-Square
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; 

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Massachusetts Mass. Gen. Laws ch. 266, § 27A Removing or Concealing Motor Vehicles or Trailers to Defraud Insurers; Reimbursement of Insurers.

In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant.

+ See more
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 of restitution. If the court finds that because of any such change the payment of restitution will cause a substantial financial hardship to 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 amount, time or method of payment.

Felony

A substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents

At defendant's request at enforcement Not provided for Determined by judge without hearing No

Modification of the amount, time or method of payment of restitution; remission from any payment of restitution or modify the amount, time or method of payment.