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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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 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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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 moreshould have been made.
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"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 moreability 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)
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Enforcement |
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Maryland |
Md. Code Ann., Cts. & Jud. Proc. § 7-503; Rucker v. Harford Cty., 558 A.2d 399, 404 (Md. 1989) (citing Mayor & City Council of Baltimore v. State, 15 Md. + See more376, 488 (1860) (Grand, C.J., concurring))
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Under state constitutional or statutory law, under what circumstances will the imposition or enforcement of fees or fines create conflicts of interest for courts, police departments, probation departments, or other + See morelaw enforcement agencies?
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Law enforcement officials can collect fees. However, law enforcement officials should not be given any duties which directly conflict with their law enforcement duties. |
“[T]he Constitution ... does not specify or describe the powers and duties of the sheriff. These are left to the common law and the Acts of Assembly.... There is nothing + See moreto prohibit the Legislature from adding to or diminishing his duties, provided those added be not in conflict with his office as sheriff.”
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Enforcement |