Data Explorer: Case Law | 50 State Criminal Justice Debt Tool

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	State	Citation	Question	Brief answer	Language from the opinion	When does the case apply?
Add to Dashboard + Create New	Colorado	Strickland v. People, 197 Colo. 488, 594 P.2d 578 (1979) People v. Afentul, 773 P.2d 1081, 1085 (Colo. 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 more the 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).	Before revocation of probation for failure to make ordered restitution payments can be effected, trial court must find that defendant had the ability to pay at the time the payments + See more should have been made.	"For purposes of requirement that, before probation may be revoked based upon a finding that probationer did not pay moneys due under condition of probation, probationer must have the present + See more ability to pay, the ability to pay is measured by three factors: that job for which probationer is qualified is available; that job would produce an income adequate to meet his obligations; and that probationer unjustifiably refuses to take it." "Evidence of the defendant's failure to pay restitution constitutes prima facie evidence that the defendant has violated the conditions of the deferred sentencing. When the prosecution presents this prima facie evidence, the burden then shifts to the defendant to establish by a preponderance of the evidence that he was financially unable to make the payments at the time they should have been made" (Afentul, citing Strickland)	Enforcement
Add to Dashboard + Create New	Arkansas	Bohannon v. State, 2014 Ark. App. 434; Arkansas Code §5-4-205; Drain v. State, 10 Ark. App. 338, 664 S.W.2d 484 (1984); Cavin v. State, 11 Ark. App. 294, 669 S.W.2d + See more 508 (1984); Trial Handbook for Arkansas Lawyers § 99:20 (2016-2017 ed.)	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 more the 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).	The defendant has to make a good faith attempt to comply with a court order to pay. Otherwise, her probation may be revoked. The State has the burden of proving + See more the failure to pay; the burden of production then shifts to the defendant to show why. The State must then prove that the nonpayment was inexcusable.	"(3) In determining whether to revoke probation or conditional release, the court or releasing authority shall consider: (A) The defendant's employment status; (B) The defendant's earning ability; (C) The defendant's financial + See more resources; (D) The willfulness of the defendant's failure to pay; and (E) Any other special circumstances that may have a bearing on the defendant's ability to pay."	Ability to pay
Add to Dashboard + Create New	Arkansas	Drain v. State, 10 Ark. App. 338, 664 S.W.2d 484 (1984), citing Bearden v. Georgia, 461 U.S. 660 (1983); see also Ark. Code + See more Ann. § 5-4-203(a)(3) and (4) (Supp. 1995).		Imprisonment of an indigent defendant for failure to pay a fine violates the defendants equal protection rights.	This statute basically codifies the principles established by the cases of Tate v. Short, 401 U.S. 395, 91 S.Ct. 668, 28 L.Ed.2d 130 (1971), and Williams v. Illinois, 399 U.S. + See more 235, 90 S.Ct. 2018, 26 L.Ed.2d 586 (1970), both of which stand *341 for the proposition that a sentence to imprisonment for nonpayment of a fine works an invidious discrimination against indigent defendants in violation of the equal protection clause of the Fourteenth Amendment.	Enforcement
Add to Dashboard + Create New	Iowa	State v. Van Hoff, 415 N.W.2d 647, 649 (Iowa 1987)	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 more the 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).	A determination of reasonableness ... is more appropriately based on [a defendant's] ability to pay the current installments than his ability to ultimately pay the total amount due.	A determination of reasonableness ... is more appropriately based on [a defendant's] ability to pay the current installments than his ability to ultimately pay the total amount due.	Ability to pay
Add to Dashboard + Create New	Iowa	State v. Kurtz, 878 N.W.2d 469, 473 (Iowa Ct. App. 2016)		A defendant who seeks to upset a restitution order has the burden to demonstrate either the failure of the court to exercise discretion or an abuse of that discretion.	A defendant who seeks to upset a restitution order, however, has the burden to demonstrate either the failure of the court to exercise discretion or an abuse of that discretion.	Ability to pay
Add to Dashboard + Create New	Iowa	Goodrich v. State, 608 N.W.2d 774, 776 (Iowa 2000)		Ability to pay must be determined before imposition.	Constitutionally, a court must determine a criminal defendant's ability to pay before entering an order requiring such defendant to pay criminal restitution pursuant to Iowa Code section 910.2. Section 910.2 + See more authorizes a court to order the offender to make restitution of court costs and court-appointed attorney's fees “to the extent that the offender is reasonably able to do so.	Ability to pay
Add to Dashboard + Create New	Iowa	State v. Kurtz, 878 N.W.2d 469, 472 (Iowa Ct. App. 2016)	Are there limits to the state’s ability to recoup fees for counsel under the state constitution?	The restitution ordered to the victim is made without regard to the defendant's ability to pay; however, other reimbursement and costs are ordered only to the extent that the defendant + See more is reasonably able to pay.	The restitution ordered to the victim is made without regard to the defendant's ability to pay; however, other reimbursement and costs are ordered only to the extent that the defendant + See more is reasonably able to pay. . . . Thus, before ordering payment for court-appointed attorney fees and court costs, the court must consider the defendant's ability to pay.	Ability to pay
Add to Dashboard + Create New	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 more the 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).	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 more stand on his own behalf, it will be necessary for the State to establish in some other manner defendant's ability to pay restitution.	Ability to pay
Add to Dashboard + Create New	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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