California, United States of America
The following excerpt is from People v. Downey, B291436 (Cal. App. 2020):
"(1) Must a court consider a defendant's ability to pay before imposing or executing fines, fees, and assessments? (2) If so, which party bears the burden of proof regarding the defendant's inability to pay?" (People v. Hicks, S258946, <https://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=0&doc_id=2302457&doc_no=S258946&request_token=NiIwLSEmXkw8W1BZSCNNTEtIUEQ0UDxTJiBeIz5SUCAgCg%3D%3D> [as of Apr. 20, 2020], archived at <https://perma.cc/M53U-K638>.)
8. As the United States Supreme Court has explained, the distinction between probationers who shirk their financial obligations from those who are wholly unable to pay "is of critical importance." (Bearden v. Georgia (1983) 461 U.S. 660, 668 (Bearden).)
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