Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
Every law can be saved to the Reform Builder
State | Citation | Question | Brief answer | Language from the opinion | When does the case apply? | |
---|---|---|---|---|---|---|
Add to Dashboard
|
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 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).
|
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 more29798, 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.
|
|
Add to Dashboard
|
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 moreexchanged 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).
|
|
Add to Dashboard
|
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 morethe 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.
|