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State Citation Description/Statute Name Question Brief answer Language from the opinion When does the case apply?
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Arkansas Opinion No. 2008-153 district court discretion to refuse probation sentence
Q2) Does a circuit or district court have discretion to refuse to sentence a defendant to probation pursuant to a plea agreement where the only stated reason for rejection of
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probation is due to an indigent defendant's inability to pay court costs prior to the entry of the plea of guilty? Answer) No
I believe a court's refusal to consider probation as a sentencing option purely because of a defendant's indigency -- which is what your question appears to contemplate -- might well
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be subject to challenge as a violation of the Equal Protection guarantees set forth in the Fourteenth Amendment to the United States Constitution and in article 2, §§ 2 and 3 of the Arkansas Constitution.
Ability to pay
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Kansas Kan. Att'y Gen. Op. No. 84-25 (Mar. 20, 1984) Criminal Procedure—Costs in Criminal Cases—Liability for Costs What authority do county or municipal courts have to set fines or fees?
A district magistrate or municipal court judge may not assess a defendant for "room and board" costs associated with his or her confinement in a city or county jail, unless
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the legislature enacts a statute so providing.
 it is our opinion that there is no statutory authority whereby a district magistrate judge or municipal court judge may assess a defendant for ‘room and board’ costs associated with his or her
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confinement in a city or county jail. Although what has been said above is dispositive of the question raised, we are impelled to note that, where the legislature enacts a statute so providing, the state or a subdivision thereof may initiate proceedings against a prisoner for reimbursement of the expenses attributable to his or her incarceration. See 72 C.J.S., Prisons § 26(e); 139 A.L.R. 1028; McAuliffe v. Carlson, 377 F.Supp. 896, 900 (1974).
Fines and fees