Determination of Ability to Pay Sample Clauses

Determination of Ability to Pay. Whenever the Biloxi Municipal Court is determining the amount of LFOs, establishing an LFO Payment Plan, or addressing the nonpayment of LFOs in a hearing, the Court shall conduct an inquiry regarding the person’s ability to pay. If a defendant is represented, the Court shall provide the defendant with adequate time to privately confer with defense counsel on the issue of ability to pay, prior to the Court’s ability-to-pay inquiry. During this inquiry, the Court shall use the Affidavit of Indigence, attached hereto as Exhibit A (Form Three), and inquire into the topics listed on the LFO Inability to Pay Guide (Form Four), as well as any other factors considered relevant by the Court. The Court shall also carefully consider the person’s responses to each of the questions before making any determination, including a determination regarding ability to pay and whether nonpayment is willful. If a defendant is unable to provide the information requested by the Court during an ability-to-pay inquiry, the Court shall consider allowing the defendant (and, if applicable, counsel) additional time to gather information to respond to the Court’s questions. Any determinations that the Court makes regarding ability to pay or willfulness of nonpayment shall be guided by the Bench Card and shall be in accordance with applicable law, including Xxxxxxx v. Georgia, 000 X.X. 000, 672-73 (1983).
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Determination of Ability to Pay. If so instructed by Director, CONTRACTOR shall determine client’s share of the cost associated with the services provided pursuant to the terms and conditions of this Agreement using the State of California’s Uniform Method of Determining the Ability to Pay, and notify COUNTY of its determination. Such determinations shall be made any time there is a demonstrable change in client’s financial status, but no less than annually. CONTRACTOR hereby agrees that a client’s inability to pay shall not be a bar to his or her ability to receive services provided pursuant to the terms and conditions of this Agreement.
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