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State | Citation | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Rhode Island | State v. LaRoche, 883 A.2d 1151, 1155 (R.I. 2011) |
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 court must give defendant an ability to pay hearing before enforcing criminal justice debt. |
This Court held that before a body execution may be issued against a defendant who is a judgment debtor, the defendant must be given a hearing to determine ability to + See morepay. Landrigan v. McElroy, 457 A.2d 1056, 1062 (R.I.1983). At such a hearing it is the defendant's obligation to demonstrate an inability to pay the judgment by a preponderance of the evidence. Id. In addition, with regard to a defendant's inability to pay court fees, this Court has held that [i]n every instance the burden of proving indigence in relation to the payment of the required filing fee or other element of cost is upon the party seeking such relief. Silvestro v. Almonte, 484 A.2d 900, 903 (R.I.1984). In our opinion, the hearing justice did not err when he required LaRoche to satisfy the court that he made sufficient bona fide efforts to payrestitution. State v. LaRoche, 883 A.2d 1151, 1155 (R.I. 2011)
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Ability to pay |
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Utah | Neilson v. Dennett, 450 P.2d 93, 95 (Utah 1969) |
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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ability to pay should be determined at the time order is imposed to pay money. |
However, in this case it was incumbent upon the trial court to find that the appellant at the time the order was made had the ability to pay over the + See moremoney and thereafter refused to do so before the judge could hold the appellant in contempt for failure to pay
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Ability to pay |
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Utah | State v. Vincent, 883 P.2d 278, 283 (Utah 1994) | Other applicable case law |
A defendant has the initial burden of establishing indigence. The defendant must establish that payment would place an undue hardship on the defendant's ability to provide for the basic necessities + See moreof life
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[T]he defendants bear the initial burden of establishing their indigence. Generally speaking, a person is indigent for purposes of sections 77321 and 2 if payments for counsel or transcripts would + See moreplace an undue hardship on the defendant's ability to provide the basic necessities of life for the defendant and the defendant's family.
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Ability to pay |
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Utah | State v. Haston, 811 P.2d 929, 936 (Utah Ct. App. 1991), rev'd, 846 P.2d 1276 (Utah 1993) | Other applicable case law |
Imposition of fine and the amount of the fine is left to the discretion of the court. A judge need not give an explanation for the fine he or she + See moreimposes.
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Imposition of a fine, and the accompanying mandatory surcharge, is a matter left to the discretion of the trial court. Utah Code Ann. §§ 6363a1 (1989), 763301.5(5) (1990). No particular + See moreexplanation needs to be made by the trial court.
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Fines and fees |