Oregon Appellate Ct - July 9, 2014

The SCOTUS case ''Bearden v. Georgia'' establishes that it is a violation of the Due Process Clause for a state to revoke an indigent defendant’s probation for a failure to pay fines and restitution without determining either the ability to pay or the adequacy of alternative forms of punishment. ''Bearden'' does not hold that the Due Process Clause prohibits the imposition of non-incarcerative sanctions for failing to pay fines or restitution. Here, an indigent defendant was sentenced to 12 months additional probation at a show cause hearing for failure to pay fines and restitution. He appealed claiming that, under ''Bearden'', the state had the burden to prove that he could have made payments prior to imposing any additional sentence for a failure to pay. The court does not address this claim because Bearden only applies to cases where defendants are incarcerated for an inability to pay. Affirmed. [http://www.publications.ojd.state.or.us/docs/A149112.pdf State v. Bell], 264 Or App ___ (2014).

The SCOTUS case ''Bearden v. Georgia'' establishes that it is a violation of the Due Process Clause for a state to revoke an indigent defendant’s probation for a failure to pay fines and restitution without determining either the ability to pay or the adequacy of alternative forms of punishment. ''Bearden'' does not hold that the Due Process Clause prohibits the imposition of non-incarcerative sanctions for failing to pay fines or restitution. Here, an indigent defendant was sentenced to 12 months additional probation at a show cause hearing for failure to pay fines and restitution. He appealed claiming that, under ''Bearden'', the state had the burden to prove that he could have made payments prior to imposing any additional sentence for a failure to pay. The court does not address this claim because Bearden only applies to cases where defendants are incarcerated for an inability to pay. Affirmed. [http://www.publications.ojd.state.or.us/docs/A149112.pdf State v. Bell], 264 Or App ___ (2014).