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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 |
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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 |