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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North Carolina | State v. Hunter, 315 N.C. 371, 376 (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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State law requires that NC courts "take into consideration the resources of the defendant, her ability to earn, her obligation to support dependents, and such other matters as shall pertain + See moreto her ability to make restitution or reparation" when ordering restitution.
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We do not interpret N.C.G.S. § 15A–1343 to require the trial judge to find and enter facts when imposing a judgment of probation. Rather it requires the court to take + See moreinto consideration the resources of the defendant, her ability to earn, her obligation to support dependents, and such other matters as shall pertain to her ability to make restitution or reparation. This record clearly shows that these matters were considered by Judge Allsbrook in his judgment ordering restitution. He knew defendant's age, her relationship to the victim, that she resided with her mother, that she was indigent for legal purposes, and that the victim's family had insurance of an uncertain amount in scope at the time of the sentencing hearing. The court's action in remitting the original fine and delegating the determination and scheduling of payments in restitution to the probation officer evidenced the trial judge's full recognition of the matters to be considered pursuant to N.C.G.S. § 15A–1343(d).
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Ability to pay |