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State | Citation | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Vermont | State v. Sausville, 151 Vt. 120, 121, 557 A.2d 502, 503 (1989) |
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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The state is required to establish defendant's ability to pay restitution even if defendant does not take the stand on their own behalf. |
Defendant's failure to take the stand does not obviate the court's duty to determine if the restitution award is within defendant's ability to pay. If defendant does not take the + See morestand on his own behalf, it will be necessary for the State to establish in some other manner defendant's ability to pay restitution.
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Ability to pay |
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Vermont | Vermont State Constitution Ch. II § 40 | Other applicable case law | Imprisonment for debt is unconstitutional. | No person shall be imprisoned for debt. | Ability to pay |