Module 2 Exercises:
Question 1.
When does your jurisdiction allow you to make an ability to pay determination?
- Before legal financial obligations are assessed (typically at sentencing)
- When an ability to pay hearing is requested
- After a person has failed to pay legal financial obligations
After you've identified your jurisdictions legal authority on ability to pay determinations, read the below information about the impact of the timing at each stage.
Depending on your jurisdiction's laws, the ability to pay determination can happen before legal financial obligations are assessed, after a person has failed to pay legal financial obligations, when a person requests an ability to pay hearing, or at all or some combination of these events.
- Conducting the determination before legal financial obligations are assessed at sentencing can allow financial sanctions that will result in better compliance and reduce the need for later hearings.
- Allowing a defendant to request a determination, typically used when there has been a change in an individual’s circumstances, can provide help and avoid defaulting on their obligations.
- After failing to meet their legal financial obligations, an assessment must be made before incarceration can be imposed as a sanction. Incarceration may not be imposed for failure to pay unless it is willful.
If you do not know when the ability to pay determination is made in your state, we suggest reaching out to the leading judicial education resource in your state for guidance.