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Below are the attorney general opinions that meet your search criteria.
|State||Citation||Description/Statute Name||Question||Brief answer||Language from the opinion||When does the case apply?|
|South Carolina||1987 S.C. Op. Att'y Gen. 255 (1987)||Bearden||Should ability to pay be considered when imposing fines or fees or only when collecting fines or fees?||Not answered - however, cannot implement a surcharge if defendant fails to pay fee||
In the circumstances where an indigent fails to comply with the schedule of payments established by the court and the court determines that the indigent has wilfully refused to pay+ See more
or failed to make bona fide efforts to pay, the court is authorized to imprison the defendant for contempt. As provided in Section 17–25–350, where part of the fine has been paid, the imprisonment cannot exceed the remaining pro rata portion of the sentence. I am unaware of any basis for a court to impose a fine in addition to the sentence originally imposed.
|Ability to pay|
|Montana||49 Mont. Op. Att'y Gen. No. 18, 2002 WL 1009805||Montana-Attorney General opinion||What authority do county or municipal courts have to set fines or fees?||
The Montana Constitution and Montana law authorize amunicipal court judge to release a defendant on a time-pay bail bond, defined as a bond in an amount set by the judge to be+ See more
paid in installments.
If the court finds some form of bail necessary, however, Mont. Code Ann. § 46-9-301, provides more specific factors for a court to consider. These factors include, among other matters+ See more
not related to the safety of the victim and the community, that the amount shall be not oppressive, and that the amount shall be considerate of the financial ability of the accused. Id., §§ 46-9-301(4) and (6). The time-pay bail bonds system comports with these requirements.The Montana Constitution and Montana law authorize a municipal court judge to release a defendant on a time-pay bail bond, defined as a bond in an amount set by the judge to be paid in installments.
|Ability to pay|