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|State||Citation||Question||Brief answer||Language from the opinion||When does the case apply?|
|Hawaii||State v. Gaylord, 78 Haw. 127, 155, 890 P.2d 1167, 1195 (1995) holding modified by State v. Hussein, 122 Haw. 495, 229 P.3d 313 (2010)||
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).
|Must determine make finding that defendant can afford to pay and prescribe manner of payment||
In addition, we hold that the sentencing court's restitution order failed to comply with Haw. Rev. Stat. § 706605(1)(d) and was illegally imposed. In disregard of Johnson, 68 Haw. at+ See more
29798, 711 P.2d at 1299, the sentencing court failed to make any finding that $122,248.95 was an amount that Gaylord could afford to pay in restitution (indeed, as noted, the sentencing court viewed Gaylord's sources of restitution as highly unlikely and highly speculative and unreliable) and to prescribe the manner of payment. To compound the error, in its December 13, 1991 judgment of conviction, the sentencing court expressly and improperly delegated the judicial function of determining the manner of payment to an administrative bodythe Hawaii Paroling Authority. Johnson, 68 Haw. at 297, 711 P.2d at 1299; Murray, 63 Haw. at 25, 621 P.2d at 343.
|Hawaii||Hawaii Insurers Council v. Lingle, 120 Haw. 51, 59, 201 P.3d 564, 572 (2008)||Does the states separation of powers doctrine limit the ability of courts to impose or collect revenue?||Legislature allowed to delegate collection power to judiciary||
The legislature may delegate the state's police power to state authorities to allow them to assess fees. Medeiros, 89 Hawaii at 366, 973 P.2d at 741. Generally, a fee is+ See more
exchanged for a service rendered or a benefit conferred, and the amount of the fee normally bears a relationship to the value of the service or benefit. Bolt v. City of Lansing, 459 Mich. 152, 587 N.W.2d 264, 269 (1998).
|Hawaii||State v. Medeiros, 89 Haw. 361, 367 (1999)||Other applicable caselaw||
Accordingly, we hereby adopt a modified Emerson College test for determining whether a charge is a fee or a tax, in which we analyze whether the charge (1) applies to+ See more
the direct beneficiary of a particular service, (2) is allocated directly to defraying the costs of providing the service, and (3) is reasonably proportionate to the benefit received.