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. Author manuscript; available in PMC: 2023 Jun 20.
Published in final edited form as: RSF. 2022 Jan;8(1):221–243. doi: 10.7758/rsf.2022.8.1.10

Table 2.

Key Legal Provisions Governing Monetary Sanctions, by State

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.