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State | Citation | Question | Brief answer | Language from the opinion | When does the case apply? | |
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New York | People v. Knapp, 132 A.D.3d 1290, 1290, 17 N.Y.S.3d 231, 231 (N.Y. App. Div. 2015); People v. Travis, 64 A.D.3d 808, 809, 882 N.Y.S.2d 530, 532 (2009) | Other applicable case law | Consideration of ability to pay is not required when restitution order is nonprobationary | "Consideration of defendant's ability to pay was not required because restitution was ordered as part of a nonprobationary sentence that included a period of incarceration as a significant component | Ability to pay |
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New York | People v. Aloma, 92 A.D.2d 572, 57273, 459 N.Y.S.2d 327, 328 (1983) | Defendant must raise issue of ability to pay to preserve claim on appeal |
"At sentencing, defense counsel merely noted that it was appropriate for the court 'to consider the defendant's ability to pay a fine' and stated in conclusory terms his belief that + See moredefendant did not have a 'substantial amount of money'. At no point, either before or after the imposition of sentence, was a request made by defendant or his counsel that a hearing be held on his ability to pay a fine"
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Ability to pay | |
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New York | People v. Ryan, 83 A.D.3d 1128, 1130, 920 N.Y.S.2d 806, 809 (2011) | Failure to inform defendant of applicable surcharges prior to defendant's guilty plea, does not deprive defendant of opportunity to voluntarily weight available option and accept a plea. |
Defendant's plea was not rendered involuntary by County Court's failure to mention, prior to the plea, the mandatory surcharge, crime victim's assistance fee and Vehicle and Traffic Law fee associated + See morewith his conviction. The Court of Appeals has held that such administrative fees are not components of a defendant's sentence (People v. Hoti, 12 N.Y.3d 742, 743, 878 N.Y.S.2d 645, 906 N.E.2d 373 [2009] ). Accordingly, the court's failure to pronounce these charges prior to the plea does not deprive a person of the opportunity to voluntarily, knowingly and intelligently weigh the available options and accept a plea
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Fines and fees | |
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New York | Cty. of Nassau v. Canavan, 1 N.Y.3d 134, 13940, 802 N.E.2d 616, 62122 (2003) | Grossly disproportionate fines are unconstitutional. Disproportionality is determined by looking to the seriousness of the crime, available penalties, and resources of the defendant |
The Excessive Fines Clause thus limits the government's power to extract payments, whether in cash or in kind, as punishment for some offense Forfeiturespayments in kindare fines if they + See moreconstitute punishment for an offense (see United States v. Bajakajian, 524 U.S. 321, 328, 118 S.Ct. 2028, 141 L.Ed.2d 314 [1998] ) . . . Inasmuch as a punitive forfeiture of an instrumentality of a crime violates the Excessive Fines Clause if it is grossly disproportional to the gravity of a defendant's offense . . . In determining gross disproportionality, we consider such factors as the seriousness of the offense, the severity of the harm caused and of the potential harm had the defendant not been caught, the relative value of the forfeited property and the maximum punishment to which defendant could have been subject for the crimes charged, and the economic circumstances of the defendant.
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Fines and fees | |
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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 more508 (1984); Trial Handbook for Arkansas Lawyers § 99:20 (2016-2017 ed.)
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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 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 morethe 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.
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"(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 moreresources; (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."
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Ability to pay |
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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 moreAnn. § 5-4-203(a)(3) and (4) (Supp. 1995).
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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 more235, 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.
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Enforcement | |
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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 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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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 |
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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 | |
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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 moreauthorizes 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.
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Ability to pay | |
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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 moreis reasonably able to pay.
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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 moreis 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.
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Ability to pay |
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Nebraska | State v. Holloway, 212 Neb. 426 (1982). | The court cannot require that a fine be satisfied by applying jail time served without giving the defendant an opportunity to pay the fine. |
It seems clear to us that the statutes cited do not authorize the procedure which the court here used, i.e., requiring the fine to be satisfied by applying the jail + See moretime served without giving an opportunity to pay in the manner provided bystatute, and without affording an opportunity to show indigency.
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Enforcement | |
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Nebraska | State ex rel. Douglas v. Gradwohl, 194 Neb. 745 (1975) | Exemption of certain type or class of offense from the imposition of costs is not an unconstitutional classification. |
If it is constitutional for the Legislature to vary penalties according to its judgment of the seriousness of the offense, it may clearly mitigate the burden of costs as well. + See moreIt may be true that technically costs assessed are not part of the punishment or penalty for an offense. The plaintiff cites cases from other jurisdictions which so hold. However, it does not then necessarily follow that exempting a certain type or class of offense from the imposition of costs constitutes an unconstitutional classification.
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Fines and fees |