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State | Citation | Description/Statute Name | Language from the rule | When does the rule apply? | |
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Hawaii | Hawaii Civil Traffic Rules (HCTR), Rule 17 | Rule 17. Community Service in Lieu of Payment of Monetary Assessment |
The court may permit the defendant to perform community service work in lieu of payment of the monetary assessment. Community service may be ordered at the defendant's request if the + See morecourt finds that the defendant does not have the ability to pay the monetary assessment. Community service may not be ordered in lieu of payment of costs and fees.Credits
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Ability to pay |
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Michigan | Mich. Court R. 6.425(E)(3)(a)-(c) | Incarceration for Nonpayment. |
(a) The court shall not sentence a defendant to a term of incarceration, nor revoke probation, for failure to comply with an order to pay money unless the court finds, + See moreon the record, that the defendant is able to comply with the order without manifest hardship and that the defendant has not made a good faith effort to comply with the order.(b) Payment Alternatives. If the court finds that a defendant is unable to comply with an order to pay money without manifest hardship, the court may impose a payment alternative, such as a payment plan, modification of any existing payment plan, or waiver of part or all of the amount of money owed to the extent permitted by law.(c) Determining manifest hardship. The court shall consider the following criteria in determining manifest hardship: (i) Defendant’s employment status and history.
(ii) Defendant’s employability and earning ability.
(iii) The willfulness of the defendant’s failure to pay.
(iv) Defendant’s financial resources.
(v) Defendant’s basic living expenses, including but not limited to food, shelter, clothing, necessary medical expenses, or child support.
(vi) Any other special circumstances that may have bearing on the defendant’s ability to pay.
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Ability to pay |