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|State||Citation||Question||Brief answer||Language from the opinion||When does the case apply?|
|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 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).
|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|
|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|
|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 more
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|
|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 more
is reasonably able to pay.
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|