Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Case Law
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When does this apply
| State | Citation | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Maine | State v. Davenport, 138 A.3d 1205, 1208 (Me. 2016) |
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).
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Defendant's ability to pay must be considered for restitution costs, but defendant has burden of proof on showing inability to pay |
In addition to establishing the offender's burden at sentencing, the Legislature supplied the burden that applies on appeal: On appeal of a restitution order, the offender has the burden of + See moredemonstrating that the incapacity was proven as a matter of law. 17A M.R.S. § 1325(4) (enacted by P.L. 1997, ch. 413, § 3).
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Ability to pay |
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Maryland | 86 Md. Op. Att'y Gen. 183 (2001) (citing Reddick v. State, 608 A.2d 1246 (1992); Smith v. State, 506 A.2d 1165 (1986); Turner v. State, 516 A.2d 579 (1986)). |
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).
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All that is required is that the court must first assess the defendant's ability to pay the fine by inquiring into the defendant's family and financial situation before incarcerating defendant + See morefor inability to pay. No specific procedural mechanisms have been established.
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"State law provides that a court may sentence a convicted defendant who has failed to pay a fine to an additional period of confinement to “work off” the fine. However, + See moreunder both State law and the federal Constitution, the court must first assess the defendant's ability to pay the fine by inquiring into the defendant's family and financial situation. Any additional period of incarceration imposed for failure to pay the fine must be within statutory limits and may not, in any event, exceed 90 days. Finally, the total period of incarceration imposed on an indigent defendant may not exceed the statutory maximum for the underlying offense."
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Ability to pay |
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Maryland | Baldwin v. State, 444 A.2d 1058, 1066 (Md. 1982) | Are there limits to the state’s ability to recoup fees for counsel under the state constitution? | The state may seek reimbursement of any amount which a defendant can reasonably be expected to pay. |
"The initial determination, under the law, is to be made by the Public Defender; and to assist him in making it, § 7(b) authorizes him to “make such investigation of + See morethe financial status of each defendant at such time or times as the circumstances shall warrant....”Obviously cognizant that shifting sands of fortune might subsequently render inaccurate a previous eligibility determination, and also recognizing that time might not always permit a thorough investigation into the financial status of a defendant prior to the rendition of services, the General Assembly provided in art. 27A a comprehensive scheme whereby the Public Defender could obtain reimbursement from defendants later found able to pay for part or all of his services."
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Ability to pay |
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Maryland | Rutherford v. Rutherford, 464 A.2d 228, 237 (Md. 1983) | Other applicable case law | An indigent defendant in a civil contempt proceeding cannot be sentenced to incarceration unless he or she has been afforded the right to counsel |
"Therefore, under the Due Process Clause of the Fourteenth Amendment and Article 24 of the Maryland Declaration of Rights, an indigent defendant in a civil contempt proceeding cannot be sentenced + See moreto incarceration unless he has been afforded the right to appointed counsel. This does not mean that a constitutional right to appointed counsel attaches in every civil contempt proceeding involving an indigent defendant. Rather, we hold only that, under the due process requirements of the federal and state constitutions, an indigent defendant in a civil contempt proceeding cannot be sentenced to actual incarceration unless counsel has been appointed to represent him or he has waived the right to counsel"
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Ability to pay |
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Maryland | McDaniel v. State, 45 A.3d 916, 924 (Md. 2012) | Other applicable case law | When a defendant is ordered to make restitution to a crime victim, the defendant must timely object or the issue is waived. |
"When a court orders a defendant to make restitution to a crime victim, and the defendant believes that the court either fails to inquire into his ability to pay or + See moreerrs in determining his ability to pay, the defendant must make a timely objection to the order, else the issue is waived"
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