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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.
783 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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Michigan | Mich. Comp. Laws § 780.794(12) | Juvenile probation |
(12) Subject to subsection (18), a juvenile who is required to pay restitution and who is not in willful default of the payment of the restitution may at any time + See morepetition the court to modify the method of payment. If the court determines that payment under the order will impose a manifest hardship on the juvenile or his or her immediate family, and if the court also determines that modifying the method of payment will not impose a manifest hardship on the victim, the court may modify the method of payment.
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All | Not provided for | Not provided for | Not provided for | Other | Yes |
Not specified |
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Michigan | Mich. Comp. Laws § 780.794(14) | Juvenile probation |
(14) Notwithstanding any other provision of this section, a juvenile shall not be detained or imprisoned for a violation of probation or parole or otherwise for failure to pay restitution + See moreas ordered under this section unless the court determines that the juvenile has the resources to pay the ordered restitution and has not made a good faith effort to do so.
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All | Not provided for | Not provided for | Not provided for | Other | Yes |
Not specified |
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Michigan | Mich. Comp. Laws § 780.794(15) | Juvenile probation |
(15) If the court determines that the juvenile is or will be unable to pay all of the restitution ordered, after notice to the juvenile's parent or parents and an + See moreopportunity for the parent or parents to be heard, the court may order the parent or parents having supervisory responsibility for the juvenile at the time of the acts upon which an order of restitution is based to pay any portion of the restitution ordered that is outstanding. . .
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All | Not provided for | Not provided for | Not provided for | Other | Yes |
Not specified |
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Michigan | Mich. Comp. Laws § 780.794(16) | Juvenile probation |
(16) If the court orders a parent to pay restitution under subsection (15), the court shall take into account the parent's financial resources and the burden that the payment of + See morerestitution will impose
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All | Not provided for | Not provided for | Not provided for | Other | Yes |
Not specified |
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Michigan | Mich. Comp. Laws § 780.794(17) | Juvenile probation |
(17) A parent who has been ordered to pay restitution under subsection (15) may petition the court for a modification of the amount of restitution owed by the parent or + See morefor a cancellation of any unpaid portion of the parent's obligation. The court shall cancel all or part of the parent's obligation due if the court determines that payment of the amount due will impose a manifest hardship on the parent and if the court also determines that modifying the method of payment will not impose a manifest hardship on the victim.
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All | Not provided for | Not provided for | Not provided for | Other | Yes |
Not specified |
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Michigan | Mich. Comp. Laws § 771.3(6)(a) | Cost imposed as part of sentence of probation |
(6) If the court imposes costs under subsection (2) as part of a sentence of probation, all of the following apply: (a) The court shall not require a probationer to + See morepay costs under subsection (2) unless the probationer is or will be able to pay them during the term of probation. In determining the amount and method of payment of costs under subsection (2), the court shall take into account the probationer's financial resources and the nature of the burden that payment of costs will impose, with due regard to his or her other obligations.
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All | Not provided for | Not provided for | Not provided for | Not provided for | Yes |
Not specified |
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Michigan | Mich. Comp. Laws § 771.3c(1) | Probationer's projected income and financial resources |
. In determining the amount of the fee, the court shall consider the probationer's projected income and financial resources. The court shall use the following table of projected monthly income + See morein determining the amount of the fee to be ordered: [table]
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Not specified |
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Michigan | Mich. Comp. Laws § 769.1a(10-14) | Restitution - limitations |
(10) If not otherwise provided by the court under this subsection, restitution shall be made immediately. However, the court may require that the defendant make restitution under this section within + See morea specified period or in specified installments.
(11) If the defendant is placed on probation or paroled or the court imposes a conditional sentence under section 3 of this chapter, any restitution ordered under this section shall be a condition of that probation, parole, or sentence. The court may revoke probation or impose imprisonment under the conditional sentence and the parole board may revoke parole if the defendant fails to comply with the order and if the defendant has not made a good faith effort to comply with the order. In determining whether to revoke probation or parole or impose imprisonment, the court or parole board shall consider the defendant's employment status, earning ability, and financial resources, the willfulness of the defendant's failure to pay, and any other special circumstances that may have a bearing on the defendant's ability to pay.
(12) A defendant who is required to pay restitution and who is not in willful default of the payment of the restitution may at any time petition the sentencing judge or his or her successor to modify the method of payment. If the court determines that payment under the order will impose a manifest hardship on the defendant or his or her immediate family, the court may modify the method of payment.
. . .
(14) Notwithstanding any other provision of this section, a defendant shall not be imprisoned, jailed, or incarcerated for a violation of probation or parole or otherwise for failure to pay restitution as ordered under this section unless the court or parole board determines that the defendant has the resources to pay the ordered restitution and has not made a good faith effort to do so.
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All | Not provided for | Not provided for | Not provided for | Other | No |
Change method of payment; not make condition of probation, parole, or sentence |
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Michigan | Mich. Comp. Laws § 780.826(10)-(14) | violation of probation - resources to pay |
Notwithstanding any other provision of this section, a defendant shall not be imprisoned, jailed, or incarcerated for a violation of probation or otherwise for failure to pay restitution as ordered + See moreunder this section unless the court determines that the defendant has the resources to pay the ordered restitution and has not made a good faith effort to do so.
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Misdemeanor | Not provided for | Not provided for | Not provided for | Not provided for | No |
Modification of the amount or method of payment |
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Michigan | Mich. Comp. Laws § 324.48740(3) | Game and fish penalties |
If a defendant fails to pay the sums forfeited for a violation of subsection (1), upon conviction, the court shall either impose a sentence of probation, and as a condition + See moreof sentence require the defendant to satisfy the forfeiture in the amount prescribed and fix the manner and time of payment, or make a written order permitting the defendant to pay the forfeited sums in installments at the times and in the amounts as the court determines the defendant is able to pay.
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Misdemeanor | Not provided for | Not provided for | Not provided for | Not provided for | No |
Installment plan |
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Michigan | Mich. Comp. Laws § 769.1b | Review hearing for juvenile placed on probation and committed |
If legal counsel has not been retained or appointed to represent the juvenile, the court shall appoint legal counsel and may assess the cost of providing counsel as costs against + See morethe juvenile or those responsible for the juvenile's support, or both, if the persons to be assessed are financially able to comply.
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All | Not provided for | Not provided for | Not provided for | Other | Yes |
Not specified |
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Michigan | Mich. Comp. Laws § 771.3c | Order of probation; probation supervision fee; allocation of money collected for multiple obligations; juvenile committed pursuant to youth rehabilitation services act |
The court may order a higher amount than indicated by the table, up to the maximum of $135.00 multiplied by the number of months of probation ordered, but not more + See morethan 60 months, if the court determines that the probationer has sufficient assets or other financial resources to warrant the higher amount. If the court orders a higher amount, the amount and the reasons for ordering that amount shall be stated in the court order. The fee shall be collected as provided in section 25a of the corrections code of 1953, 1953 PA 232, MCL 791.225a. A person shall not be subject to more than 1 supervision fee at the same time. If a supervision fee is ordered for a person for any month or months during which that person already is subject to a supervision fee, the court shall waive the fee having the shorter remaining duration.
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All | Not provided for | Not provided for | Not provided for | Other | No |
Not specified |
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Ohio | Ohio Rev. Code § 2907.27(2) | Examination and treatment for venereal diseases and HIV | If the accused is indigent, the court shall order the accused to report to a facility operated by a city health district or a general health district for treatment. | All | Not provided for | Not provided for | Not provided for | Not provided for | Yes |
Use of a city facility for examination and testing |
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Washington DC | DC ST § 16-711 (b) | Restitution or reparation |
(b) When restitution or reparation is ordered, the court shall take into consideration the number of victims, the actual damage of each victim, the resources of the defendant, the defendant's + See moreability to earn, any obligation of the defendant to support dependents, and other matters as pertain to the defendant's ability to make restitution or reparation.
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All |
"… the court shall take into consideration… resources of the defendant, the defendant's ability to earn, any obligation of the defendant to support dependents…" |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | Yes | Not provided for |
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Washington DC | DC ST § 11-2604 (f) | Payment for representation |
(f) If a person for whom counsel is appointed under this section appeals to the District of Columbia Court of Appeals, such person may do so without prepayment of fees + See moreand costs or security therefor and without filing the affidavit required by section 1915(a) of title 28, United States Code.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Other | Yes |
May proceed without prepayment of fees |
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Washington DC | DC ST § 23-106 | Witnesses for defense; fees |
The court shall order at any time that a subpoena be issued for service upon a named witness on behalf of a defendant if the defendant makes an application for + See moresuch an order and makes a satisfactory showing that he is financially unable to pay the fees of the witness and that the presence of the witness is necessary to an adequate defense. If the court orders the subpoena to be issued the costs incurred by the process and the fees of the witness so subpoenaed shall be paid in the same manner in which similar costs and fees are paid in case of a witness subpoenaed in behalf of the prosecuting authority.
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All | Not provided for | At defendant's request before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | Yes |
Subpoena and witness fees will be paid by government |
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Washington DC | DC ST § 11-2605 | Services other than counsel |
Counsel for a person who is financially unable to obtain investigative, expert, or other services necessary for an adequate defense may request them in an ex parte application. Upon finding, + See moreafter appropriate inquiry in an ex parte proceeding, that the services are necessary and that the person is financially unable to obtain them, the court shall authorize counsel to obtain the services.
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All |
financially unable to obtain necessary services |
At defendant's request before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
Cost paid for |
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Washington DC | D.C. Super. Ct. R. Crim. P. 113 (b) | Witness fees |
Payment from public funds. No witness entitled to any payment under paragraph (a) shall be paid from public funds except upon certification + See moreof the witness that the witness was compelled by subpoena to attend as a witness on behalf of a defendant unable to pay or was present pursuant to the direction of the Court or prosecutor, in a specified pending criminal case and that the witness did attend. Such certification shall be endorsed by the Court or by the counsel of record issuing the subpoena or direction and shall be submitted to the Clerk of the Court for certification. The Executive Officer upon submission of the endorsed and verified certification shall make payment by cash or check
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All | Not provided for | Not provided for | Burden on defendant to show inability to pay | Not provided for | No |
Cost paid for |
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North Dakota | N.D. Cent. Code § 12.1-32-05(1) | Imposition of fine--Response to nonpayment |
1. The court, in making a determination of the propriety of imposing a sentence to pay a fine, shall consider the following factors:a. The ability of the defendant to pay + See morewithout undue hardship.
b. Whether the defendant, other than a defendant organization, gained money or property as a result of commission.
c. Whether the sentence to pay a fine will interfere with the defendant's capacity to make restitution.
d. Whether a sentence to pay a fine will serve a valid rehabilitative purpose.
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All |
ability of the defendant to pay without undue hardship |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
fine not imposed |
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North Dakota | N.D. Cent. Code § 12.1-32-08(1) | Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation |
Before imposing restitution or reparation as a sentence or condition of probation, the court shall hold a hearing on the matter with notice to the prosecuting attorney and to the + See moredefendant as to the nature and amount of restitution. The court, when sentencing a person adjudged guilty of criminal activities that have resulted in pecuniary damages, in addition to any other sentence the court may impose, shall order that the defendant make restitution to the victim or other recipient as determined by the court, unless the court states on the record, based upon the criteria in this subsection, the reason it does not order restitution or orders only partial restitution. Restitution must include payment to the owner of real property that is contaminated by the defendant in the manufacturing of methamphetamine for the cost of removing the contamination and returning the property to the property's condition before contamination and to any other person that has incurred costs in decontaminating the property. In determining whether to order restitution, the court shall take into account:
a. The reasonable damages sustained by the victim or victims of the criminal offense, which damages are limited to those directly related to the criminal offense and expenses actually incurred as a direct result of the defendant's criminal action. This can include an amount equal to the cost of necessary and related professional services and devices relating to physical, psychiatric, and psychological care. The defendant may be required as part of the sentence imposed by the court to pay the prescribed treatment costs for a victim of a sexual offense as defined in chapters 12.1-20 and 12.1-27.2.
b. The ability of the defendant to restore the fruits of the criminal action or to pay monetary reparations, or to otherwise take action to restore the victim's property.
c. The likelihood that attaching a condition relating to restitution or reparation will serve a valid rehabilitational purpose in the case of the particular offender considered.The court shall fix the amount of restitution or reparation, which may not exceed an amount the defendant can or will be able to pay, and shall fix the manner of performance of any condition or conditions of probation established pursuant to this subsection. The court shall order restitution be paid to the division of adult services for any benefits the division has paid or may pay under chapter 54-23.4 unless the court, on the record, directs otherwise. Any payments made pursuant to the order must be deducted from damages awarded in a civil action arising from the same incident. An order that a defendant make restitution or reparation as a sentence or condition of probation may, unless the court directs otherwise, be filed, transcribed, and enforced by the person entitled to the restitution or reparation or by the division of adult services in the same manner as civil judgments rendered by the courts of this state may be enforced.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes | Not provided for |
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