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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, 572–73, 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
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defendant 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"
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
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with 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
Fines and fees
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New York Cty. of Nassau v. Canavan, 1 N.Y.3d 134, 139–40, 802 N.E.2d 616, 621–22 (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’ ” Forfeitures—payments in kind—are “fines” if they
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constitute 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.
Fines and fees
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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,
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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
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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
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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
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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
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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
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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
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New Jersey State v. Bolvito, 86 A.3d 131, 139
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,
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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).
Less about protections for ability-to-pay determination, the case law has considered courts to broadly consider ability to pay
When it assesses a defendant's ability to pay, the sentencing court should look beyond the defendant's current assets and anticipated income during the period of incarceration. The Legislature did not
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impose time constraints on an SCVTF penalty. N.J.S.A. 2C:14–10. If unpaid, the penalty does not evaporate at the conclusion of the defendant's custodial sentence or his or her period of parole supervision. To the extent that a defendant's educational background and employment history may affect his or her potential to achieve post-incarceration employment and a steady income, such factors may be relevant to the inquiry. For purposes of the sentencing court's determination, a defendant's ability to pay should not be measured only by current circumstances, but assessed over the long term
Ability to pay
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New Jersey Pasqua v. Council, 186 N.J. 127, 148, (NJ 2006) abrogated by Turner v. Rogers, 564 U.S. 431 (2011) Are there limits to the state’s ability to recoup fees for counsel under the state constitution? an indigent facing loss of motor vehicle privileges or a substantial fine in municipal court is entitled to counsel
In addition, without referencing our State Constitution, we held in Rodriguez v. Rosenblatt that “as a matter of simple justice, no indigent defendant should be subjected to a conviction entailing
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imprisonment in fact or other consequence of magnitude without first having had due and fair opportunity to have counsel assigned without cost.” 58 N.J. 281, 295, 277 A.2d 216 (1971); see also R. 7:3–2(b) (“If the court is satisfied that the defendant is indigent and that the defendant faces a consequence of magnitude ..., the court shall assign the municipal public defender to represent the defendant.”). In Rodriguez, we considered “the substantial loss of driving privileges” as one type of “serious consequence” that would warrant assigning counsel to an indigent defendant. 58 N.J. at 295, 277 A.2d 216. We acknowledged “[t]he importance of counsel in an accusatorial system,” underscoring that in a case with “any complexities[,] the untrained defendant is in no position to defend himself,” and that in a case without “complexities, his lack of legal representation may place him at a disadvantage.” ...We can find no principled reason why an indigent facing loss of motor vehicle privileges or a substantial fine in municipal court, termination of parental rights in family court, or tier classification in a Megan's Law proceeding would be entitled to counsel under state law but an indigent facing jail for allegedly willfully refusing to pay a child support judgment would not. Moreover, the indigent subject to incarceration for failure to pay support can hardly be distinguished from the indigent conferred with the right to counsel in an involuntary civil commitment hearing. We are persuaded that the due process guarantee of the New Jersey Constitution compels the assignment of counsel to indigent parents who are at risk of incarceration at child support enforcement hearings.
Ability to pay
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New Jersey State v. De Bonis, 58 N.J. 182, 190 (1971) Other applicable caselaw defendants are allowed to pay fines in installments
As we have said, there has been no bar to installment payments. The matter has rested in the court's discretion. The question now before us is whether the Federal Constitution
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requires an opportunity to pay a fine in installments. 
Ability to pay
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Texas Rusk v. State, 440 S.W.3d 694, 702 (Tex. App. 2013)
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,
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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).
Court must inquire into defendant's ability to pay before revoking probation and the burden of proof is on the state to show by a preponderance of the evidence that defendant
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willfully refused to pay financial obligation.
"The Texas ability-to-pay statute imposes an evidentiary burden on the State while Bearden imposes a mandatory judicial directive to inquire into a defendant's ability to pay." Ability to pay
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Texas Peraza v. State, 467 S.W.3d 508, 517–18 (Tex. Crim. App. 2015), reh'g denied (Sept. 16, 2015),, cert. denied, 136 S. Ct. 1188, 194 L. Ed. 2d 202 (2016) Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue? Court imposition of costs is not unconstitutional under federal or state constitutional law as long as the money collected will go toward a "criminal justice purpose"
"[T]he statute under which court costs are assessed (or an interconnected statute) provides for an allocation of such court costs to be expended for legitimate criminal justice purposes, then the
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statute allows for a constitutional application that will not render the courts tax gatherers in violation of the separation of powers clause. A criminal justice purpose is one that relates to the administration of our criminal justice system. Whether a criminal justice purpose is “legitimate” is a question to be answered on a statute-by-statute/case-by-case basis."
Fines and fees
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Texas Acosta v. State, 233 S.W.3d 349, 355 (Tex. Crim. App. 2007)
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
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law enforcement agencies?
There is no case law addressing this question; however, Texas courts have stated that a conflict of interest exists if counsel is required to make a choice between advancing his
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client's interest in a fair trial or advancing other interests. By analogy, then, a conflict of interest may also exist when law enforcement and/or courts are required to to make a choice between advancing justice and fair adjudication or advancing other interests (perhaps their own).
"An actual conflict of interest exists if counsel is required to make a choice between advancing his client's interest in a fair trial or advancing other interests (perhaps counsel's own)
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to the detriment of his client's interest.”
Revenue flow
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Texas Gross v. State, 279 S.W.3d 791, 793–94 (Tex. App. 2007) abrogated for other reasons by Harrell v. State, 286 S.W.3d 315 (Tex. 2009) Are there limits to the state’s ability to recoup fees for counsel under the state constitution? No, so long, as the defendant has the ability to off-set the State's expenses
"nonindigent defendant is required to pay for counsel. To require an indigent to reimburse the county, to the extent he is able, for the expense of furnished counsel tends to
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put indigents and nonindigents on the same basis and is consistent with due process. The State of Texas provides an important service in providing legal services to those indigent citizens who cannot afford to pay for their own defense. Because of this service provided to indigents, the State has a significant interest in assuring that persons with financial resources pay for their own representation and do not take a free ride at the expense of its taxpayers. Thus, it is not an inherent violation of due process for the State to take reasonable steps to collect on expenditures made on behalf of those who have the ability to off-set the State's expenses."
Fines and fees