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State Citation Question Brief answer Language from the opinion When does the case apply?
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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.
Ability to pay
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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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Massachusetts Com. v. Gomes, 552 N.E.2d 101, 104 (Mass. 1990)
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).
Defendant has a right to a hearing to determine willful default and a right to counsel at the hearing.
The Commonwealth concedes that the defendant was entitled to a hearing on the default. We agree. ….The defendant also maintains that he had the right to be represented by counsel
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at the hearing that should have been held on his default. He is correct.
Ability to pay
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Massachusetts Com. v. Henry, 55 N.E.3d 943, 949 (Mass. 2016)
In determining the defendant's ability to pay, the judge must consider the financial resources of the defendant, including income and net assets, and the defendant's financial obligations, including the amount
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necessary to meet minimum basic human needs such as food, shelter, and clothing for the defendant and his or her dependents.judge may also consider a defendant's ability to earn based on “the defendant's employment history and financial prospects,” but a judge may attribute potential income to the defendant only after specifically finding that the defendant is earning less than he or she could through reasonable effort. Judge should make determination at close of evidentiary hearing. Defndant has burden of proving inability to pay restitution.
“The amount of restitution is not merely the measure of the value of the goods and money *121 stolen from the victim by the defendant; ... the judge must also
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decide the amount that the defendant is able to pay and how such payment is to be made.” In practice, this means that, at the close of the evidentiary hearing, the judge must make two findings in deciding whether to order restitution as a condition of probation and, where ordered, the amount of restitution to be paid during the period of probation. First, the judge must determine the amount of the victim's actual economic loss causally connected to the defendant's crime. The Commonwealth bears the burden of proof as to this finding. The order of restitution may not exceed this amount.Second, the judge must determine the amount the defendant is able to pay.Where a defendant claims that he or she is unable to pay the full amount of the victim's economic loss, the defendant bears the burden of proving an inability to pay. Because we have not previously had the opportunity to articulate the legal standard for determining the defendant's ability to pay restitution, we do so here for the first time. In determining the defendant's ability to pay, the judge must consider the financial resources of the defendant, including income and net assets, and the defendant's financial obligations, including the amount necessary to meet minimum basic human needs such as food, shelter, and clothing for the defendant and his or her dependents.judge may also consider a defendant's ability to earn based on “the defendant's employment history and financial prospects,” but a judge may attribute potential income to the defendant only after specifically finding that the defendant is earning less than he or she could through reasonable effort.
Ability to pay
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Virginia Ohree v. Com., 26 Va. App. 299, 306, 494 S.E.2d 484, 488 (1998) Other applicable caselaw
"[T]he imposition of the cost of providing a jury does not impose an excessive or unnecessary burden upon the exercise of the right of a jury trial under the United
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States Constitution."
Fines and fees
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Virginia Com. v. Sprinkles, 31 Va. 650, 650 (1833)
"Indictment against four persons for an assault; they plead severally; and verdict, that they are guilty, assessing several fines on each: an attorney's fee is not to be taxed against
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each, but only one attorney's fee against all the defendants."
Fines and fees
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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