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State Citation Question Brief answer Language from the opinion When does the case apply?
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Wyoming Murray v. State, 855 P.2d 350), (WY 1993)
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).
With respect to imposing a surcharge on a defendant under Section 1-40-119, the court is required to find an ability to pay before ordering an assessment.
We agree with Appellant that the court was required to find that he had [**28]  an ability to pay before ordering the assessment. Murray v. State, 1993 Wyo. LEXIS 110, *27-28,
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855 P.2d 350, 359 (Wyo. 1993)
Ability to pay
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Wyoming Murray v. State, 855 P.2d 350), (Wyo. 1993)
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).
With respect to imposing restitution under Section 7-9-103(a) and 7-9-102, the court must only make a specific finding when the defendant does not have any ability to pay.
Henceforth, the court must make a specific finding only when the defendant does not have a present or prospective ability to pay. Although the court is not required to specifically
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find that a defendant has the ability to pay, the record must still contain evidence to  support the existence of a present or future ability to pay. Murray v. State, 1993 Wyo. LEXIS 110, *26-27, 855 P.2d 350, 359 (Wyo. 1993)
Ability to pay
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Wyoming Billis v. State, 800 P.2d 401, 433, (Wyo. 1990) Are there limits to the state’s ability to recoup fees for counsel under the state constitution? The court has the authority to require the defendant's payment of his legal fees.
Under W.S. 7-6-106(d) (June 1987 Repl.) the courts have the authority to order a defendant to repay the state for the cost of defense services. Billis v. State, 800 P.2d 401,
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433, 1990 Wyo. LEXIS 119, *100 (Wyo. 1990)
Fines and fees
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Pennsylvania Com. Ex Rel. Benedict Et Al. v. Cliff, 451 Pa. 427, 433-34 (Pa. 1973)
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).
The state supreme court has held that it is a violation of the U.S. Constitution and the PA state constitution's equal protection provisions to subject a defendant to jail time
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simply because he is unable to pay a fine without first making a determination of the defendant's ability to pay. There appears to be no specific minimum requirements for ability-to-pay determinations. Apparently, however, the burden is on the defendant to inform and show the court that he is indigent.
It is nonetheless apparent that a state is prohibited from committing its citizens for fines without a reasonable opportunity being afforded to allow them to meet the court's directive consistent
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with their respective financial situation. In the cases before us there was no determination of immediate ability to meet the mandates that had been imposed, nor was there a showing that a reasonable opportunity had been given to allow the appellants to comply without immediate incarceration. We believe that the Supreme Court has made it plain that a defendant may not be incarcerated merely because he cannot make full payment of a fine. Therefore, we hold that the appellants must be given the opportunity to establish that they are unable to pay the fine. Upon a showing of indigence, the appellants should be allowed to make payments in reasonable installments.
Ability to pay
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Pennsylvania Com. v. Schwartz, 418 A.2d 637, 640 (1980) When is the determination of Defendant's ability-to-pay made? It is more rational to determine ability to pay before imposition of a fine.
If the judge does not at the outset determine the defendant's ability to pay a fine, he will often be forced to imprison him at some later point, when he
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fails to pay the fine. However, before a defendant may be imprisoned for not paying a fine, he must be given an opportunity to establish that he is unable to pay the fine. Commonwealth ex rel. Parrish v. Cliff, 451 Pa. 427, 304 A.2d 158 (1973); Commonwealth v. Shaeffer 228 Pa.Super. 734, 311 A.2d 361 (1973); Pa.R.Crim.P. 1407(a). If a defendant establishes that he is indigent, he will be allowed to make payments in reasonable installments. 451 Pa. at 434, 304 A.2d at 161. Thus, rather than waiting until the defendant is brought before the court for not paying a fine, it is far more rational to determine the defendant's ability to pay at the time the fine is imposed...Here, all the sentencing judge knew about appellant's financial background was that he had sold $980 worth of drugs to the undercover agents the previous year and was currently working with his father in the construction industry, “bringing home approximately $150 per week.” N.T. at 12, 13 (August 28, 1978, Guilty Plea hearing). This was hardly enough information to make an intelligent finding as to appellant's ability to pay the fine.
Ability to pay
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Pennsylvania
Com. v. Verilla, 526 A.2d 398, 403 (1987). See also: Com. v. Opara, 362 A.2d 305, 312 (1976); Com. v. Pride, 380 A.2d 1267, 1270 (1977); Com. v. Johnson, 187
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A.2d 761 (1963); Com. v. Terry, 368 A.2d 279, 280 (1977)
Are there limits to the state’s ability to recoup fees for counsel under the state constitution? Legislature must act for fees for counsel to be recouped from defendant
Clearly, Damario (In re Estate of Damario, 488 Pa. 434, 412 A.2d 842(1980)) cannot be construed to permit assessment of counsel fees by a trial court simply because Appellant was
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assigned court-appointed counsel, even though he was not ruled indigent. Notwithstanding the fact that there exists no case law addressing the precise issue presently before this Court, we draw support from those cases which require a finding of statutory authority before the trial court's order of reimbursement to a public defender's office would be upheld. See Commonwealth v. Terry, 470 Pa. 234, 368 A.2d 279 (1977); Commonwealth v. Pride, 252 Pa.Super. 34, 380 A.2d 1267 (1977); Commonwealth v. Opara, 240 Pa.Super. 511, 362 A.2d 305 (1975). Absent an indication by our legislature sanctioning the assessment of counsel fees for court-appointed counsel, we decline to validate orders granting such relief to counties. Parenthetically we note that § 3 of the Act of January 19, 1968, P.L. 984, 19 P.S. § 793, at one time provided for the reimbursement by a criminal defendant or a relative of the defendant to the county “for compensation and expense incurred and paid to court-appointed counsel”. However, this statute has since been repealed, 1984, October 12, P.L. 959, No. 187, § 6.
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.
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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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Florida City of Orlando v. Cameron, 264 So. 2d 421, 423 (Fla. 1972).
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).
Under Fla. Stat. §27.52(2), the defendant bears the burden of proof whether he/she is able to pay the fine. The defendant is deemed indigent and not able to pay
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the fine if his/her income is equal to or below 200% of the then-current federal poverty guidelines. The clerk determines the defendant's ability to pay, and the defendant may seek review of the clerk's determination by the court at a hearing. Although Fla. Stat. §27.52 provides procedures in connection with the services of a public defender, the Cameron court extended that this statute is applicable to the situation where a defendant seeks to avoid imprisonment for nonpayment of a fine because of his indigency. In this line, the hearing before the court may be held after imposition of a fine.
"We conclude that the Municipal Court did not commit error in sentencing the defendants to pay a fine or, in the alternative, serve a term of imprisonment. The imposition of
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such a sentence does not, in itself, violate any of the constitutional rights of a defendant. If a defendant is in fact indigent, the burden is upon him to prove his indigency to the Court. Fla.Stat. s 27.52, F.S.A., describes the procedure for the determination of insolvency. Although this procedure was adopted for the purpose of determining whether a defendant is entitled to the services of a public defender, it is equally applicable to the situation where a defendant seeks to avoid imprisonment for nonpayment of a fine because of his indigency."
Ability to pay
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Florida Del Valle v. State, 80 So. 3d 999, 1002 (Fla. 2011); State v. Beasley, 580 So. 2d 139, 142 (Fla. 1991) The court must determine the defendant's ability to pay at least before enforcement (unless the applicable statute specifically requires such a determination at the imposition stage).
"[T]he underlying constitutional principle is that an indigent probationer should not be imprisoned based solely on inability to pay a monetary obligation. Based on our fidelity to this principle, we
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approve the holdings of all the district courts of appeal, except the Third District, that before a trial court may properly revoke probation and incarcerate a probationer for failure to pay, it must inquire into the probationer's ability to pay and determine whether the probationer had the ability to pay but willfully refused to do so. Under Florida law, the trial court must make its finding regarding whether the probationer willfully violated probation by the greater weight of the evidence." "[A] trial court is not required to determine a convicted criminal defendant's ability to pay statutorily mandated costs prior to assessing costs unless the applicable statute specifically requires such a determination. It is only when the state seeks to enforce the collection of costs that a court must determine if the defendant has the ability to pay. Our conclusion is consistent with decisions rendered by federal courts which have addressed this issue."
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Florida Del Valle v. State, 80 So. 3d 999, 1002 (Fla. 2011)
The State must first present sufficient evidence of willfulness in order to support the trial court's finding that the probationer's violation was willful. Once the State has done so, then
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the probationer has to prove his/her inability to pay by preponderance of evidence.
"[A]n automatic revocation of probation without evidence presented as to ability to pay to support the trial court's finding of willfulness violates due process. Accordingly, the State must present sufficient
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evidence of willfulness, including that the probationer has, or has had, the ability to pay, in order to support the trial court's finding that the violation was willful. Once the State has done so, it is constitutional to then shift the burden to the probationer to prove inability to pay to essentially rebut the State's evidence of willfulness. However, while it is constitutional to place the burden on the probationer to prove inability to pay, the aspect of section 948.06(5) that requires the probationer to prove inability to pay by the heightened standard of clear and convincing evidence is unconstitutional."
Ability to pay
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Florida Wheeler v. State, 635 So. 2d 140, 140 (Fla. 4th Dist. Court App. 1994) State must demonstrate the amount spent on prosecuting the defendant.
"Before prosecution costs can be imposed on a defendant pursuant to section 939.01, Florida Statutes (1991), the State must demonstrate the amount spent on prosecuting the defendant and the trial
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court must consider the defendant's financial resources."
Fines and fees
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Florida Fla. Const. Art. V, Sec. 14(a) and (b) Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue? Yes: funding for the court systems must be provided from state revenues appropriated by general law
"(a) All justices and judges shall be compensated only by state salaries fixed by general law. Funding for the state courts system, state attorneys’ offices, public defenders’ offices, and court-appointed
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counsel, except as otherwise provided in subsection (c), shall be provided from state revenues appropriated by general law.(b) All funding for the offices of the clerks of the circuit and county courts performing court-related functions, except as otherwise provided in this subsection and subsection (c), shall be provided by adequate and appropriate filing fees for judicial proceedings and service charges and costs for performing court-related functions as required by general law. Selected salaries, costs, and expenses of the state courts system may be funded from appropriate filing fees for judicial proceedings and service charges and costs for performing court-related functions, as provided by general law. Where the requirements of either the United States Constitution or the Constitution of the State of Florida preclude the imposition of filing fees for judicial proceedings and service charges and costs for performing court-related functions sufficient to fund the court-related functions of the offices of the clerks of the circuit and county courts, the state shall provide, as determined by the legislature, adequate and appropriate supplemental funding from state revenues appropriated by general law."
Revenue flow
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Florida NA
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?
Couldn't fine a case on point NA
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Florida Fla. Stat. §938.29 Are there limits to the state’s ability to recoup fees for counsel under the state constitution? Not under the statute constitution, but under Fla. Stat. §938.29
(1)(a) A defendant who is convicted of a criminal act or a violation of probation or community control and who has received the assistance of the public defender’s office, a
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special assistant public defender, the office of criminal conflict and civil regional counsel, or a private conflict attorney, or who has received due process services after being found indigent for costs under s. 27.52, shall be liable for payment of the assessed application fee under s. 27.52 and attorney’s fees and costs. Attorney’s fees and costs shall be set in all cases at no less than $50 per case when a misdemeanor or criminal traffic offense is charged and no less than $100 per case when a felony offense is charged, including a proceeding in which the underlying offense is a violation of probation or community control. The court may set a higher amount upon a showing of sufficient proof of higher fees or costs incurred. For purposes of this section, “convicted” means a determination of guilt, or of violation of probation or community control, which is a result of a plea, trial, or violation proceeding, regardless of whether adjudication is withheld. The court shall include these fees and costs in every judgment rendered against the convicted person.(b) Upon entering a judgment of conviction, the defendant shall be liable to pay the attorney’s fees and costs in full after the judgment of conviction becomes final. The court shall impose the attorney’s fees and costs notwithstanding the defendant’s present ability to pay. (c) The defendant shall pay the application fee under s. 27.52(1)(b) and attorney’s fees and costs in full or in installments, at the time or times specified. The court may order payment of the assessed application fee and attorney’s fees and costs as a condition of probation, of suspension of sentence, or of withholding the imposition of sentence. All funds collected under this section shall be distributed as provided in s. 27.562. (2)(a) There is created in the name of the state a lien, enforceable as hereinafter provided, upon all the property, both real and personal, of any person who: 1. Has received any assistance from any public defender of the state, from any special assistant public defender, from any office of criminal conflict and civil regional counsel, or from any private conflict attorney, or who has received due process services after being found indigent for costs; or 2. Is a parent of an accused minor or an accused adult tax-dependent person who is being, or has been, represented by any public defender of the state, by any special assistant public defender, by any office of criminal conflict and civil regional counsel, or by a private conflict attorney, or who is receiving or has received due process services after being found indigent for costs. Such lien constitutes a claim against the defendant-recipient or parent and his or her estate, enforceable according to law. (b) A judgment showing the name and residence of the defendant-recipient or parent shall be recorded in the public record, without cost, by the clerk of the circuit court in the county where the defendant-recipient or parent resides and in each county in which such defendant-recipient or parent then owns or later acquires any property. Such judgments shall be enforced on behalf of the state by the clerk of the circuit court of the county in which assistance was rendered. The lien against a parent shall remain in force notwithstanding the child becoming emancipated or the child reaching the age of majority. (3) The clerk of the circuit court within the county wherein the defendant-recipient was tried or received the services of a public defender, special assistant public defender, office of criminal conflict and civil regional counsel, or appointed private legal counsel, or received due process services after being found indigent for costs, shall enforce, satisfy, compromise, settle, subordinate, release, or otherwise dispose of any debt or lien imposed under this section. A defendant-recipient or parent, liable to pay attorney’s fees or costs and who is not in willful default in the payment thereof, may, at any time, petition the court which entered the order for deferral of the payment of attorney’s fees or costs or of any unpaid portion thereof. (4) No lien thus created shall be foreclosed upon the homestead of such defendant-recipient or parent, nor shall any defendant-recipient or parent liable for payment of attorney’s fees or costs be denied any of the protections afforded any other civil judgment debtor. (5) The court having jurisdiction of the defendant-recipient shall, at such stage of the proceedings as the court may deem appropriate, determine the value of the services of the public defender, special assistant public defender, office of criminal conflict and civil regional counsel, or appointed private legal counsel and costs, at which time the defendant-recipient or parent, after adequate notice thereof, shall have opportunity to be heard and offer objection to the determination, and to be represented by counsel, with due opportunity to exercise and be accorded the procedures and rights provided in the laws and court rules pertaining to civil cases at law.
Revenue flow
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Florida State v. Beasley, 580 So. 2d 139, 142-43 (Fla. 1991) Other applicable case law
Due process requirements: (1) notice and opportunity to be heard prior to assessment of costs; and (2) ability to pay decision must be made by the court before enforcement.
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Such procedural requirements apply to fines, costs, and surcharges.
[A] defendant must be given notice and an opportunity to be heard prior to assessment of costs and, before repayment is enforced, a court must determine the defendant's ability to
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pay. Because the surcharge, like the costs, is statutorily mandated, whether it is a cost or a fine is unimportant from a due process viewpoint. The same two-part procedural protections from Jenkins apply.
Ability to pay
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Florida Fla. Const. Art. I, Sec. 11 Other applicable case law No person shall be imprisoned for debt, except in cases of fraud. No person shall be imprisoned for debt, except in cases of fraud. Ability to pay