Regardless of when an ability to pay assessment is conducted, it is essential that the evaluation considers the defendant's full financial situation.
In this module, we will explore key considerations that courts should take into account when determining an individual's ability to pay. These include an examination of indigency, income, expenses, and other relevant factors that impact a defendant's financial standing. Your jurisdiction may have considerations that are required as part of the determination.
To assist judges in making informed and equitable assessments, tools such as bench cards and ability to pay calculators are used to explore the relevant factors. These resources are intended to support the judicial determination by offering guidance and structure to evaluate each defendant's financial situation.
The states below each have codified substantive standards that all state and local courts are required to use, giving guidance to judges on how ability to pay should appropriately be determined.
- California - Cal. Gov't Code § 68645.2
- Colorado - Colo. Rev. Stat. §§ 18-1.3-702(4)
- Georgia - Ga. Code § 42-8-102(c)
- Illinois - 725 Ill. Comp. Stat. 5/124A-20(c)
- Indiana - Ind. Code § 35-33-7-6.5
- Iowa - Iowa Code § 910.2A
- Michigan - MCR 6.425(D)(3)(a)
- Mississippi - Miss. Code. § 99-19-20.1
- New Hampshire - N.H. Rules Crim. Proc., Rule 29(e)(2)
- Oklahoma – Okla. HB 2259(2)(B)(3)-(5)
- Rhode Island - RI Gen L § 12-20-10. (2023)
- Washington - Wash. Rev. Code § 10.01.180(3)
See, Fines and Fees Justice Index Overall Findings. National Center for Access to Justice. (March 2023). https://ncaj.org/state-rankings/justice-index/fines-and-fees/about-justice-index.