Table 2.
Considerations of Financial Resources or Ability to Pay in Illinois Law
| Statute | Basis for Accommodation | Accommodation |
|---|---|---|
| 55 ILCS 5/3–15016 | “Ability to pay,” no definition | May determine amount to be reimbursed to county jails for the cost of incarceration |
| 65 ILCS 5/1-2-1 | “Low-income individual” defined as eligible to receive federal EITC | Waiver of fee to pay for required education programs in municipal ordinance violations |
| 105 ILCS 105/27.1(w-3) | “Indigent,” no definition | May excuse the payment of the jury services fee in fine-only ordinance violations |
| 720 ILCS 5/26–1(e) | “Indigent,” no definition | Possible exemption from reimbursing a public agency for emergency response costs in response to disorderly conduct violation |
| 725 ILCS 5/113-3.1 | Affidavit of Assets and Liabilities; “any other information pertaining to the defendant’s financial circumstances”; and “as the interest of fairness may require” | May determine amount, payment duration, or suspension of reimbursement to state for court-appointed counsel |
| 730 ILCS 5/3-6-2(f) | “Indigent,” defined as a committed person who has $20 or less in his or her Inmate Trust Fund | Exemption from $5 medical services copayment while imprisoned |
| 730 ILCS 5/3-7-6(a) | A detailed form “regarding assets” | May determine reimbursement to state for incarceration costs |
| 730 ILCS 5/5-4-3(j) | “Inability to pay,” no definition | May mitigate potential incarceration for nonpayment of mandatory DNA analysis fee |
| 730 ILCS 5/5-5-10 | “Ability to pay,” no definition | May determine amount of monthly community service fee when supervised by probation or court services department |
| 730 ILCS 5/5-5-3(j-5) | “Inability of the defendant after making a good faith effort to obtain financial aid or pay” | Mitigates failure to pay costs of required coursework toward a high school degree while under mandatory supervised release from prison |
| 730 ILCS 5/5-5-6(f) | “Ability of the defendant to pay, including any real or personal property or any other assets of the defendant” | May determine payment terms in order of restitution |
| 730 ILCS 5/5-6-3 | “Inability of the offender to pay the fee,” no definition | May determine amount or waiver of monthly probation fees; may determine amount or waiver of additional fees and costs for sex-offenders sentenced to probation; may determine payment of costs or waiver for mandatory drug or alcohol testing and electronic home monitoring while sentenced to probation |
| 730 ILCS 5/5-6-3.1 | “Inability of the person … to pay the fee,” no definition | Same as above, while sentenced to supervision |
| 730 ILCS 5/5-7-1(g) | “Ability to pay,” no definition | May determine costs for mandatory drug or alcohol testing and electronic home monitoring while sentenced to periodic imprisonment |
| 730 ILCS 5/5-9-1(d) | “The financial resources and future ability of the offender to pay the fine” | May determine the amount and method of payment of additional fines authorized in this section |
| 730 ILCS 5/5-9-1.4(b) | “Ability to pay” based on a “verified petition,” no definition | May suspend all or part of the crime lab fee in drug-related cases. |
| 730 ILCS 5/5-9-1.9(b) | “Ability to pay” based on a “verified petition,” no definition | May suspend all or part of the DUI analysis fee |
| 730 ILCS 5/5-9-2 | “Upon good cause shown,” no definition | Court may revoke or modify method of payment of authorized fines |
| 730 ILCS 125/17 | “Reasonably able to pay…including reimbursement from any insurance program or from other medical benefit programs” | May determine amount to be reimbursed to jail wardens for bedding, clothing, fuel, and medical aid |
| 730 ILCS 125/20(a) | “Ability to pay” | May determine amount to be reimbursed to county jails for the cost of incarceration |
| 730 ILCS 148/10(c-5) | “Indigent,” no definition | May grant fee waiver for arsonists to register with local and county police |
Source: Authors’ analysis of Illinois statutes.