Table 2.
State | Ability to Pay Hearings | Waivers | Open Records | Gold Standard for Automated Court Data |
---|---|---|---|---|
California | No, but the presentencing report lists income/assets | Depends on the offense statute | No | No |
Georgia | No | At judge’s discretion except for mandatory fines, fees, surcharges | Yes | No |
Illinois | No, mandatory post-conviction hearings to explain nonpayment, cover balances, and requests for payment | Full waivers for “assessments” only and must apply within thirty days of sentencing | Yes | No |
Minnesota | No | Fines can be reduced to $50 and judges can allow community service in lieu of the fine. Surcharges and law library fees are not waivable | Yes | Yes |
Missouri | Must be granted if requested | Allowed at judges’ discretion | Yes | No |
New York | Financial Hardship Hearings after failure to pay on time | No | Yes | No |
Texas | After thirty days | Allowed at judges’ discretion | Yes | No |
Washington | At sentencing | At judge’s discretion except for mandatory fines and fees | Yes | Yes |
Source: Authors’ tabulation.