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State | Citation | Description/Statute Name | Language from the rule | When does the rule apply? | |
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Connecticut | CT R SUPER CT CR § 43-17 | Payment of Fines--Inquiry Concerning Ability | No person shall be incarcerated as a result of failure to pay a fine unless the judicial authority first inquires as to the person's ability to pay the fine. | Ability to pay |
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Connecticut | CT R SUPER CT CR § 43-18 | Payment of Fines--Incarceration for Failure to Pay |
The judicial authority may, upon a finding that the defendant is able to pay the fine and that the nonpayment is wilful, order the defendant incarcerated for nonpayment of the + See morefine.
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Ability to pay |
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Connecticut | CT R SUPER CT CR § 43-19 | Payment of Fines--Payment and Satisfaction | A defendant incarcerated under Section 43-18, for wilful nonpayment of a fine, shall be released upon payment of the fine or when such defendant is otherwise discharged according to law. | Ability to pay |
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Connecticut | CT R SUPER CT CR § 43-20 | Payment of Fines--Mittimus |
When a defendant has been sentenced to a term of imprisonment and ordered to pay a fine, the mittimus shall state that if the fine has not been paid by + See morethe time the sentence has been served the defendant may not continue to be incarcerated unless the judicial authority has found that the defendant is able to pay the fine and that the defendant's nonpayment is wilful.
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Ability to pay |
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Connecticut | CT R SUPER CT GEN § 7-3 | Financial Accounts | The clerk shall make and keep adequate accounts showing all receipts and disbursements. Records of such accounts shall be retained for such period as determined by the chief court administrator. | Transparency |
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Washington DC | D.C. Super. Ct. R. Crim. P. CJA | Plan for Furnishing Representation to Indigents Under the District of Columbia Criminal Justice Act |
B. Determination of the Need for Counsel. In every criminal case in which a person is charged with a felony, misdemeanor, or other offense involving the possibility of imprisonment, or + See morewith juvenile delinquency or in need of supervision, or with a violation of probation, and appears without counsel, the Court shall advise the person that he or she has the right to be represented by counsel and that counsel will be appointed if desired and if he or she is financially unable to obtain counsel.
In connection with any appointment of counsel made pursuant to the Criminal Justice Act, it shall be the duty of the Criminal Justice Act Office of the Public Defender Service, under the supervision of the Court, to determine whether a person is financially unable to obtain adequate representation. This obligation shall extend to both cases prosecuted by the United States and cases prosecuted by the District of Columbia. All statements made by a person in such an inquiry shall be made by affidavit, in such form as the Public Defender Service may prescribe, sworn to before a judicial officer, court clerk, deputy clerk, or notary public, and shall be retained in the case file. At any time while such person is represented by an attorney appointed pursuant to the Criminal Justice Act, the judicial officer presiding over such person's case may compare such affidavit with other statements made by such person when seeking pre-trial release or in the pre-sentence investigation process concerning his or her employment status or financial means and may take such action, if any, as may be appropriate under the circumstances and consistent with applicable law. If at any time after the appointment of counsel the Court finds that a person is financially able to obtain counsel or to make partial payment for representation, the Court may terminate the Criminal Justice Act appointment of counsel, order that any funds available to the person be paid as provided in D.C. Code § 11-2606 (2001), or take other appropriate action. Any funds required to be paid by the person pursuant to D.C. Code § 11-2606 shall be ordered payable to the Court.
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Ability to pay |