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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Oregon | State v. Mickow, 277 Or.App. 497, 502 (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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Courts must determine that the defendant is or may be able to pay the fees, and take the financial resources of the defendant into account, as well as the nature + See moreof the burden that the fee obligation would place on that person
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Among the safeguards that were pivotal to the [Supreme] Court's conclusion [upholding Oregon's ability-to-pay determination post-Gideon] were the statutory requirements that the sentencing court must (1) determine that the defendant + See moreis or may be able to pay the fees; and (2) take the financial resources of the defendant into account, as well as the nature of the burden that the fee obligation would place on that person. Id. at 45, 53 n. 12, 94 S.Ct. 2116.
State v. Mickow, 277 Or.App. 497, 502 (2016)
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Ability to pay |