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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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Kansas State v. McGlothin, 747 P.2d 1335, 1338 (Kan. 1988).
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).
The trial judge is statutorily required to make specific findings before imposing a fine and also must state on the record that she has taken into account the defendant's financial
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resources and the nature of the burden that payment of the fine would impose.
"The statute requires and we hold that where the defendant is convicted of a felony or a misdemeanor and is sentenced to imprisonment either in the county jail or in
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the custody of the secretary of corrections and a fine is to be imposed, the judge must make specific findings pursuant to 21–4607(2) before imposing a fine. The judge must also state on the record that he or she has taken into account the financial resources of the defendant and the nature of the burden that payment of the fine will impose, as required by 21–4607(3)."
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Kansas State v. Robinson, 132 P.3d 934, 940 (Kan. 2006). Are there limits to the state’s ability to recoup fees for counsel under the state constitution?
The sentencing court must consider the financial resources of the defendant and the nature of the burden that payment will impose explicitly, stating on the record how those factors have
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been weighed in the court's decision.
"First, the sentencing court, at the time of initial assessment, must consider the financial resources of the defendant and the nature of the burden that payment will impose explicitly, stating
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on the record how those factors have been weighed in the court's decision. Without an adequate record on these points, meaningful appellate review of whether the court abused its discretion **941 in setting the amount and method of payment of the fees would be impossible. See State v. Moncla, 269 Kan. 61, 65, 4 P.3d 618 (2000) (noting difficulty of reviewing case in which district court failed to state findings, conclusions). Second, a sentencing court's failure to include such explicit consideration of the defendant's financial circumstances in the record does not render the sentence associated with the resulting assessment *547 “illegal,” as that term is used in Kan. Stat. Ann. § 22–3504. As we have already said, the assessment itself is not punitive; it is not a punishment or part of the sentence at all. Its connection to a sentence does not convert that sentence to one fitting the narrow definition of “illegal,” i.e., a sentence imposed by a court without jurisdiction; a sentence that does not conform to the statutory provision, either in the character or the term of the punishment authorized; or a sentence that is ambiguous with respect to the time and means in which it is to be served. See State v. Gayden, 281 Kan. 290, Syl. ¶ 1, 130 P.3d 108 (2006).
Ability to pay
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Kansas State v. Goeller, 77 P.3d 1272, 1276 (Kan. 2003). The defendant had the burden to present evidence of his or her inability to pay restitution.
The plain language of Kan. Stat. Ann. §2002 Supp. 21-4603d(b)(1) requires restitution “unless” the court finds a plan of restitution unworkable. Moreover, “[i]f the court finds a plan of restitution unworkable, the
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court shall state on the record in detail the reasons therefor.” The design of this provision makes clear that restitution is the rule and a finding that restitution is unworkable the exception. It also leads us to conclude that it is a defendant's burden to come forward with evidence of his or her inability to pay.
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Kansas State v. Tafoya, 372 P.3d 1247, 1252 (Kan. 2016).
A sentence is not rendered illegal simply because the district court judge fails to consider the financial resources of the defendant when determining either the discretionary amount of a fine
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or the discretionary method of payment.
"[W]e conclude that a sentence is not rendered **1252 illegal simply because the district court judge fails to consider (or fails to state on the record that he or she
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has considered) the financial resources of the defendant when determining either the discretionary amount of a fine or the discretionary method of payment. Moreover, a remand from an appellate court to a district court pursuant to these authorities to correct this error is, in substance, not a remand for resentencing. As such, the Tafoya I panel was substantively correct when it limited its mandate to vacating the fine and instructing the district court to reconsider “the method of payment of the fine.”
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Washington State v. Curry, 118 Wash.2d 911, 915–16 (1992)
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).
If a judge imposes discretionary legal financial obligations, seven requirements must first be met
The following requirements must be met:1. Repayment must not be mandatory;2. Repayment may be imposed only on convicted defendants;3. Repayment may only be ordered if the defendant is or will
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be able to pay;4. The financial resources of the defendant must be taken into account;5. A repayment obligation may not be imposed if it appears there is no likelihood the defendant's indigency will end;6. The convicted person must be permitted to petition the court for remission of the payment of costs or any unpaid portion; 7. The convicted person cannot be held in contempt for failure to repay if the default was not attributable to an intentional refusal to obey the court order or a failure to make a good faith effort to make repayment.
Ability to pay
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Washington State v. Blank, 131 Wash.2d 230, 239-42 (1997) Are there limits to the state’s ability to recoup fees for counsel under the state constitution?
Yes, but they are incorporated into protections that do not directly speak to limitations on the state's ability to recoup fees, such as the defendant's inability to pay and the
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court's obligation to inquire into a defendant's ability to pay
the procedural guidelines required by the Constitution, and mandated by this court, need not be specifically enumerated in the statute so long as the courts adhere to those requirements…Moreover, common
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sense dictates that a determination of ability to pay and an inquiry into defendant's finances is not required before a recoupment order may be entered against an indigent defendant as it is nearly impossible to predict ability to pay over a period of 10 years or longer.6 However, we hold that before enforced collection or any sanction is imposed for nonpayment, there must be an inquiry into ability to pay. State v. Blank, 131 Wash.2d 230, 239-42 (1997)
Revenue flow
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Washington State v. Blazina, 182 Wash. 2d 827, 839, 344 P.3d 680, 685 (2015) Other applicable case law Imposition of discretionary fines and fees requires individualized inquiry into defendants ability to pay.
We hold that RCW 10.01.160(3) requires the record to reflect that the sentencing judge made an individualized inquiry into the defendant's current and future ability to pay before the court
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imposes LFOs. This inquiry also requires the court to consider important factors, such as incarceration and a defendant's other debts, including restitution, when determining a defendant's ability to pay. Because the records in this case do not show that the sentencing judges made this inquiry into either defendant's ability to pay, we remand the cases to the trial courts for new sentence hearings.
Ability to pay
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West Virginia State v. Murrell, 201 W. Va. 648, 649–50, 499 S.E.2d 870, 871–72 (1997).
Syl. Pt. 1, State v. Haught, 179 W.Va. 557, 371 S.E.2d 54 (1988).
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).
(1) While there is no prohibition against the imposition of the maximum penalty prescribed by law, indigent defendants may not be incarcerated solely because of their inability to pay court-ordered
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fines or costs. (2) The court may impose of a statutory fine without determination of ability to pay, but before a trial court conditions its recommendation for a defendant's parole upon the defendant's payment of statutory fines, costs and attorney's fees, the trial court must consider the financial resources of the defendant, the defendant's ability to pay and the nature of the burden that the payment of such costs will impose upon the defendant.
"An individual is not excused from the imposition of the maximum sentence allowed under a statute simply because he is indigent, even if that sentence includes the imposition of fines
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pursuant to statute. Consistent with the principles of Williams v. Illinois, 399 U.S. 235, 90 S.Ct. 2018, 26 L.Ed.2d 586 (1970), and *650 **872 Bearden v. Georgia, 461 U.S. 660, 103 S.Ct. 2064, 76 L.Ed.2d 221 (1983), however, while there is no prohibition against the imposition of the maximum penalty prescribed by law, indigent defendants may not be incarcerated solely because of their inability to pay court-ordered fines or costs." State v. Murrell, 201 W. Va. 648, 649–50, 499 S.E.2d 870, 871–72 (1997).
Ability to pay
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West Virginia W. Va. Const. art. VIII, § 3 Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue? No. West Virginia's Constitution allows the Court of Appeals to impose binding state-wide rules.
“The court shall have power to promulgate rules for all cases and proceedings, civil and criminal, for all of the courts of the State relating to writs, warrants, process, practice
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and procedure, which shall have the force and effect of law.”
Enforcement
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West Virginia See generally §59-1-1 to §59-1-39. W. Va. Code §59-1-14.
Under state constitutional or statutory law, under what circumstances will the imposition or enforcement of fees or fines create conflicts of interest for courts, police departments, probation departments, or other
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law enforcement agencies?
The Court, Clerk of Court, Sheriff and Probation Dept can collect fines. Most fines and fees go into the general revenue fund (either state or county), but the West
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Virginia Deputy Sheriff Retirement Fundt fund receives a small amount from certain collections (see §59-1-14).
Revenue flow
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West Virginia W. Va. Code § 29-21-16 Are there limits to the state’s ability to recoup fees for counsel under the state constitution?
No, not under the state constitution. However, state statutory law provides that "court shall not order a person to pay costs unless the person is able to pay without
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undue hardship."
(g) In the circumstances and manner set forth below, circuit judges may order repayment to the state, through the office of the clerk of the circuit court having jurisdiction over
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the proceedings, of the costs of representation provided under this article:(1) In every case in which services are provided to an indigent person and an adverse judgment has been rendered against such person, the court may require that person, and in juvenile cases, may require the juvenile's parents or custodian, to pay as costs the compensation of appointed counsel, the expenses of the defense and such other fees and costs as authorized by statute. (2) The court shall not order a person to pay costs unless the person is able to pay without undue hardship. In determining the amount and method of repayment of costs, the court shall take account of the financial resources of the person, the person's ability to pay and the nature of the burden that payment of costs will impose. The fact that the court initially determines, at the time of a case's conclusion, that it is not proper to order the repayment of costs does not preclude the court from subsequently ordering repayment should the person's financial circumstances change. (3) When a person is ordered to repay costs, the court may order payment to be made forthwith or within a specified period of time or in specified installments. If a person is sentenced to a term of imprisonment, an order for repayment of costs is not enforceable during the period of imprisonment unless the court expressly finds, at the time of sentencing, that the person has sufficient assets to pay the amounts ordered to be paid or finds there is a reasonable likelihood the person will acquire the necessary assets in the foreseeable future. (4) A person who has been ordered to repay costs, and who is not in contumacious default in the payment thereof, may at any time petition the sentencing court for modification of the repayment order. If it appears to the satisfaction of the court that continued payment of the amount ordered will impose undue hardship on the person or the person's dependents, the court may modify the method or amount of payment. (5) When a person ordered to pay costs is also placed on probation or imposition or execution of sentence is suspended, the court may make the repayment of costs a condition of probation or suspension of sentence.
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West Virginia State v. Stamm, 222 W. Va. 276, 281, 664 S.E.2d 161, 166 (2008) Other applicable case law In criminal failure to pay support cases, burden of reasonable ability to pay remains with the state.
"Accordingly, we now hold that, insofar as W. Va. Code § 61-5-29(3) (1999) (Repl. Vol. 2005) shifts to a defendant the burden of disproving a material element of the State's
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case [here, defendant's reasonable ability to provide was an element in 61-5-29(2), but reasonable ability to provide was also an affirmative defense in 61-5-29(3)], in violation of the due process clauses found in Article III, Section 10, of the Constitution of West Virginia, and the Fourteenth Amendment to the United States Constitution, that individual provision, severed from the remainder of W. Va. Code § 61-5-29, is unconstitutional and unenforceable."