Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
Every law can be saved to the Reform Builder
State | Citation | Question | Brief answer | Language from the opinion | When does the case apply? | |
---|---|---|---|---|---|---|
Add to Dashboard
|
Kentucky | Maynes v. Com., 361 S.W.3d 922, 929 (Ky. 2012) |
Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof, + See morethe sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).
|
The court may consider not only current ability to pay but future ability to pay as well |
Having carefully considered the applicable statutes, we conclude that the trial court was authorized under Kentucky law to impose court costs despite Maynes's status as an indigent defendant entitled to + See morethe services of a public defender. While the directive in KRS 31.110(1) that the court shall waive all costs for such defendants seems mandatory at first blush, a full reading of the 1972 legislation and the current DPA Act belies that conclusion. From its inception through the present, the DPA Act has allowed for imposition of costs against those DPA-represented defendants who can afford to pay. Moreover, a person may qualify as needy under KRS 31.110 because he cannot afford the services of an attorney yet not be poor under KRS 23A.205 as it has existed since 2002 unless he is also unable to pay court costs without depriving himself or his dependents of the necessities of life, including food, shelter or clothing. Finally, the KRS 23A.205 directive to consider not only the defendant's present ability to pay court costs but also his ability in the foreseeable future cannot be overlooked. The trial court's determination here that Maynes would be able to earn enough within the six months following his sentencing to afford the costs required by KRS 23A.205 is not clearly erroneous and, thus, the Court of Appeals correctly upheld the portion of Maynes's sentence imposing those costs.
|
Ability to pay |
Add to Dashboard
|
Kentucky | McEntire v. Com., 344 S.W.3d 125, 128 (Ky. Ct. App. 2010) | Are there limits to the states ability to recoup fees for counsel under the state constitution? | Yes, the state court must first hold a nonadversarial hearing to determine an individual's ability to pay a public defender fee before imposing the fee | On remand, the trial court shall hold a nonadversarial hearing to determine whether McEntire has the ability to pay the assessed costs and fees as required by KRS 31.211(1). | Ability to pay |
Add to Dashboard
|
Missouri | Spencer v. Basinger, 562 S.W.2d 350, 353 (Mo. 1978) |
Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof, + See morethe sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).
|
After a prima facie showing of indigency has been made, an individual may not be incarcerated for nonpayment of fine and costs |
A prima facie showing of indigency has been made. Under such circumstances petitioner may not be confined further at this time for nonpayment of fine and costs. See Hendrix v. + See moreLark, 482 S.W.2d 427 (Mo. banc 1972). This is not to suggest that those who neglect or refuse to pay a fine may not be incarcerated for their refusal so to do within the constitutional standards described in Hendrix.
|
Enforcement |
Add to Dashboard
|
Missouri | Hendrix v. Lark, 482 S.W.2d 427, 428 (Mo. 1972) | Other applicable caselaw | Prisoner's incarceration to satisfy payment of fines and costs levied upon her without giving indigent prisoner option of paying the same by installments denied her the equal protection of law. |
St. Louis must provide indigent defendants an opportunity to pay fines in reasonable installments and that portion of Sec. 773.070 of the Revised Code of the city providing the court + See moreshall not stay the payment of any fine and calling for its execution, i.e., immediate imprisonment in lieu of payment, *429 is unconstitutional under the above decisions.
|
Enforcement |
Add to Dashboard
|
Missouri | Davis v. City of Charleston, Mo., 635 F.Supp. 197, 198-199 (1986) | upon raising inference that poverty is reason for non-payment rather than contempt, defendant is entitled to hearing on issue of indigency |
As stated in this Court's Memorandum and Order dated March 28, 1986: It must be remembered that the remedy § 560.031 intends is not an imprisonment for non-payment of fine + See moreas such, but a penalty by contempt of court for the failure to obey—either intentionally or by want of good-faith effort to comply—the sentence of the court.
|
Ability to pay |