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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, + 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).
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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 + See moreauthorizes 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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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 + See moreis reasonably able to pay.
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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 + See moreis 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.
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Ability to pay |
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Missouri | Spencer v. Basinger, 562 S.W.2d 350, 353 (Mo. 1978) |
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).
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After a prima facie showing of indigency has been made, an individual may not be incarcerated for nonpayment of fine and costs |
A prima facie showing of indigency has been made. Under such circumstances petitioner may not be confined further at this time for nonpayment of fine and costs. See Hendrix v. + See moreLark, 482 S.W.2d 427 (Mo. banc 1972). This is not to suggest that those who neglect or refuse to pay a fine may not be incarcerated for their refusal so to do within the constitutional standards described in Hendrix.
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Enforcement |
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Missouri | Hendrix v. Lark, 482 S.W.2d 427, 428 (Mo. 1972) | Other applicable caselaw | Prisoner's incarceration to satisfy payment of fines and costs levied upon her without giving indigent prisoner option of paying the same by installments denied her the equal protection of law. |
St. Louis must provide indigent defendants an opportunity to pay fines in reasonable installments and that portion of Sec. 773.070 of the Revised Code of the city providing the court + See moreshall not stay the payment of any fine and calling for its execution, i.e., immediate imprisonment in lieu of payment, *429 is unconstitutional under the above decisions.
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Enforcement |
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Missouri | Davis v. City of Charleston, Mo., 635 F.Supp. 197, 198-199 (1986) | upon raising inference that poverty is reason for non-payment rather than contempt, defendant is entitled to hearing on issue of indigency |
As stated in this Court's Memorandum and Order dated March 28, 1986: It must be remembered that the remedy § 560.031 intends is not an imprisonment for non-payment of fine + See moreas such, but a penalty by contempt of court for the failure to obey—either intentionally or by want of good-faith effort to comply—the sentence of the court.
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Ability to pay | |
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New Hampshire | State v. Haas, 155 N.H. 612, 613–14, 927 A.2d 1209, 1210 (2007) | Are there limits to the state’s ability to recoup fees for counsel under the state constitution? | Statute requiring defendant to reimburse State for costs of his legal representation did not violate constitutional right to substantive due process |
The purpose of the statute is to require that those who are financially able to do so, pay for a service that they received from the State. There is nothing + See moreillegitimate in the governmental interest in recouping costs expended for public defense whether or not the defendant is convicted. Moreover, the statutory scheme under RSA 604-A:9 is rationally related to this purpose in that it inquires into a defendant's *614 ability to pay and outlines procedures for recoupment orders, collection and appeal of such orders.
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Fines and fees |
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New Hampshire | State v. Fowlie, 138 N.H. 234, 236–37, 636 A.2d 1037, 1039 (1994) | Other applicable case law | If the defendant then demonstrates sufficient bona fide efforts to repay his debt, alternatives to imprisonment must be considered by the court before probation may be revoked and imprisonment ordered |
We held in Wallace that in a criminal contempt proceeding where a defendant introduces evidence of inability to pay, the State must prove beyond a reasonable doubt the defendant's intentional + See morenoncompliance with the court's order. Probation violation, however, is not a criminal offense, and revocation requires only a finding, by a preponderance of the evidence, of misplaced trust. . . The State's initial burden when, as here, it brings a petition, is to show that the defendant did not meet a condition of his sentence, in this case, the payment of restitution. The court then “must inquire into the reasons for the failure to pay.” Bearden, 461 U.S. at 672, 103 S.Ct. at 2072. If the defendant then “demonstrate[s] sufficient bona fide efforts to repay his debt,” id. at 671, 103 S.Ct. at 2072, alternatives to imprisonment must be considered by the court before probation may be revoked and imprisonment ordered. Id. at 672, 103 S.Ct. at 2072.
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Ability to pay |
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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, + 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).
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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, + See more855 P.2d 350, 359 (Wyo. 1993)
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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, + 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).
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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 + See morefind 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)
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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, + See more433, 1990 Wyo. LEXIS 119, *100 (Wyo. 1990)
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Fines and fees |