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State Citation Description/Statute Name Language from the rule When does the rule apply?
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Mississippi URCCC Rule 11.04 Post-Conviction Fines, Payment of Fines, and Indigents Matters concerning post-conviction fines, payment of fines, indigents and imprisonment for nonpayment of fines shall be governed by § 99-19-20 of the Mississippi Code of 1972. Ability to pay
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Mississippi M.R.A.P. Rule 6(a)(1) Counsel on Appeal in Criminal Cases and Proceedings In Forma Pauperis in Criminal Cases
A defendant in a criminal case in a trial court who desires to proceed on appeal in forma pauperis shall file in the trial court a motion for leave so to proceed,
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together with an affidavit showing the defendant's inability to pay fees and costs. If the motion is granted, the defendant may so proceed without further application to the Supreme Court and without prepayment of fees or costs in either court. If the motion is denied, the trial court shall state in writing the reasons for the denial.
Ability to pay
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North Dakota N.D.R.Crim.P. 1 Scope and Exceptions (4) Other Proceedings. These rules do not apply to: . . . (C) the collection of fines and penalties; Fines and fees
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North Dakota N.D.R.Crim.P. 11 Pleas
(1) The court may not accept a plea of guilty without first, by addressing the defendant personally [except as provided in Rule 43(b)] in open court, informing the defendant of
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and determining that the defendant understands the following: . . . (G) any maximum possible penalty, including imprisonment, fine, and mandatory fee;
Fines and fees
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North Dakota N.D.R.Crim.P. 38 Stay of Execution and Relief Pending Review
(b) Fine. If the defendant appeals, the court may stay a sentence to pay a fine, fee or costs. The court may stay the sentence on any terms considered appropriate
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and may require the defendant to: (1) deposit all or part of the fine, fee or costs with the clerk; (2) post a bond to pay the fine, fee or costs; or (3) submit to an examination concerning the defendant's assets and, if appropriate, order the defendant to refrain from dissipating assets.
Fines and fees
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Utah Utah R. Crim. P. 15 Expert Witnesses and Interpreters
The court shall determine the reasonable compensation of the expert and direct payment thereof. The parties may call expert witnesses of their own at their own expense. Upon showing that
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a defendant is financially unable to pay the fees of an expert whose services are necessary for adequate defense, the witness fee shall be paid as if he were called on behalf of the prosecution.
Ability to pay
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Utah Utah R. Crim. P. 27A Stays Pending Appeal from a Court not of Record --Appeals for a Trial De Novo Upon the timely filing of a notice of appeal for a trial de novo, the court shall: (b)(1) order stayed any fine or fee payments until the appeal is resolved Fines and fees
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Utah Utah R. Crim. P. 27B Stays Pending Appeal from a Court not of Record--Hearings De Novo, DUI, and Reckless Driving Cases (d) Fine and Fee payments. Fine and fee payments shall be stayed pending resolution of the appeal. Fines and fees
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Utah Utah R. Juv. P. 26 Rights of Minors in Delinquency Proceedings
If the parent, guardian or custodian of a minor is found not to be indigent, but does not or will not retain counsel for the minor and the minor has
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no means to retain counsel, the court may appoint counsel at public expense. However, the court may order, after giving the parent, guardian or custodian reasonable opportunity to be heard, that the parent, guardian or custodian reimburse the county for the cost of appointed counsel, in whole or in part, depending on ability to pay.
Ability to pay
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Utah Utah R. J. Admin. 6-303 Collection of Fines and Restitution
Upon order of the court, the Department of Corrections shall be responsible for the collection and distribution of fines and restitution during the probation period in cases where the court
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orders supervised probation by the Department.
Enforcement
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Utah Utah R. J. Admin. 6-303 Collection of Fines and Restitution
If a defendant fails to pay the amount of fines and restitution ordered by the court pursuant to the payment schedule established by the Department, the Department shall file a
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progress/violation report with the court. The report shall contain any explanation concerning the defendant's failure to pay and a recommendation as to whether the defendant's probation should be modified, continued, terminated or revoked or whether the defendant should be placed on bench probation for the limited purpose of enforcing the payment of fines or restitution.
Enforcement