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|State||Citation||Question||Brief answer||Language from the opinion||When does the case apply?|
|Connecticut||Molinas v. Comm'r of Correction, 231 Conn. 514, 52425 (1994)||
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).
To establish a valid waiver of the petitioner's claim of indigency, the commissioner would have had to have made an affirmative showing that the petitioner, at the time of+ See more
the plea bargain, was apprised of, and understood, the contours of the constitutional right not to be incarcerated because of indigency and the consequences of a waiver of that constitutional right. Such an affirmative showing would require evidence that the petitioner had been advised that: (1) he had a constitutional right not to be incarcerated solely because of his inability to pay a fine; (2) he would waive that right by agreeing to the committed fine; (3) the effect of a waiver would be that he would not be released on parole until the fine was paid, regardless of the reason for its nonpayment;13 (4) to pay off the committed fine, he would earn credits during his incarceration, subsequent to his parole, in accordance with a disclosed rate schedule; and (5) he would retain the right to pay the outstanding balance of the fine at any time during his incarceration and could thereby remove his ineligibility for early release. In the absence of any such showing, the commissioner's categorical claim of waiver cannot be sustained.
|Ability to pay|