Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
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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.
8 Results
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 | |
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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 moreand 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 |
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Mississippi | Miss. Code Ann. § 99-5-38 (8) | community service |
The court may allow a defendant to perform community service in lieu of paying the costs required by subsection (2)(b) or (c) if the court determines that the defendant is + See moreindigent.
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Felony |
indigence |
Not provided for | Not provided for | Not provided for | No |
community service |
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Mississippi | Miss. Code Ann. § 63-11-31 (7)(a) | Interlock Device Fund |
The Department of Public Safety shall promulgate rules and regulations for the use of monies in the Interlock Device Fund to offset the cost of device installation and operation by + See moreand court-ordered drug testing of indigent offenders.
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Misdemeanor |
inadequate resources to pay; participation in public assistance programs |
Not provided for | Burden on government to show ability to pay | Administrative decision | Yes |
Interlock Device Fund |
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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 moredays.
|
Misdemeanor |
inability to pay |
At defendant's request at enforcement | Not provided for | Not provided for | Yes |
hardship waiver |
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Mississippi | Miss. Code Ann. § 47-5-1007 (1)(a) | Waiver | The department may waive the monthly fee if the offender is a full-time student or is engaged in vocational training. | Misdemeanor |
full-time student |
Not provided for | Not provided for | Not provided for | Yes |
waiver |
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Mississippi | Miss. Code Ann. § 47-5-1007 (1)(b) | sliding scale | based on a sliding scale using the standard of need for each family that is used to calculate TANF benefits | Misdemeanor |
TANF benefits recipient |
Not provided for | Not provided for | Other | Yes |
sliding scale for payment |
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Mississippi | Miss. Code Ann. § 47-5-1013 (a) | waiver |
The sentencing judge may charge a program fee of less than Eighty-eight Dollars ($ 88.00) per month in cases of extreme financial hardship, when such judge determines that the offender's + See moreparticipation in the program would provide a benefit to his community.
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Misdemeanor |
extreme financial hardship |
Not provided for | Not provided for | Not provided for | No |
lower fee |
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Mississippi | Miss. Code Ann. § 99-37-3(2) | Imposition and amount |
In determining whether to order restitution which may be complete, partial or nominal, the court shall take into account:(a) The financial resources of the defendant and the burden that payment + See moreof restitution will impose, with due regard to the other obligations of the defendant;
(b) The ability of the defendant to pay restitution on an installment basis or on other conditions to be fixed by the court; and
(c) The rehabilitative effect on the defendant of the payment of restitution and the method of payment.
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All |
ability of defendant to pay on installment basis, financial resources of the defendant, burden of payment |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
installment plan, reduction of amount, or waiver |
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