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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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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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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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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Ohio | State v. Meyer, 124 Ohio App. 3d 373, 377 (1997) |
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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An ability-to-pay hearing is not required when a fine is merely imposed. Rather, it is only required when the trial court decides to incarcerate the defendant for failure to pay. + See moreDefendant is entitled to representation and an opportunity to present evidence.
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We hold, therefore, that R.C. 2947.14(A) did not require a hearing in the present case because the trial court merely imposed a fine. Because the trial court has not yet + See moresought to enforce the fine with incarceration, the duty to hold a hearing under R.C. 2947.14(A) is not triggered. We note, further, that payment of the fine in this case was technically a condition of Meyer's probation, and therefore, should he be unable to pay and his probation sought to be revoked, he is entitled to a hearing under Crim.R. 32.3. In either case, the hearing requirement is conditioned upon the trial court's decision to incarcerate him.
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Ohio | Liming v. Damos, 133 Ohio St. 3d 509, 514 (Ohio 2012) | The Burden of proving inability to pay is on the party subject to a contempt order |
Placing the burden of showing inability to pay on the party charged with contempt is not unreasonable. As we explained in Cook, “[t]he defendant's financial condition and ability to pay + See morewere peculiarly within his own knowledge. They could not be known with the same certainty to the complainant, nor could she easily produce evidence to maintain the proposition were the burden of proof placed upon her.”
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