Below are the attorney general opinions that meet your search criteria.

6 Results

Export results to Excel

State Citation Description/Statute Name Question Brief answer Language from the opinion When does the case apply?
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Nevada 1987 Nev. Op. Att'y Gen. 29 (1987) Execution of sentence and fine Should ability to pay be considered when imposing fines or fees or only when collecting fines or fees? court hearing must be held to determine a criminal defendant's ability to pay, before a criminal fine may be converted to an additional term of imprisonment. under Nevada law a court hearing must be held to determine a criminal defendant's ability to pay, before a criminal fine may be converted to an additional term of imprisonment. Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Nevada 1987 Nev. Op. Att'y Gen. 29 (1987) Criminal law - execution of sentence of imprisonment and fine Other applicable opinions
District Attorney may collect fines and fees when he prosecuted the case, attorney general may collect fines and fees when the attorney general's office prosecuted the case, and the Department
+ See more
of Prisons may only colelct fines and fees only when specifically granted the authority to do so by law.
Nevada statutes presently provide two methods for enforcement and collection of a criminal fine. See Nev.Rev.Stat. §§ 176.065 and 176.275. In both cases, the district attorney has authority to proceed
+ See more
to collect the fine on a criminal judgment where the district attorney has been the prosecutor. On the other hand, there is no clear authority in the office of the attorney general to undertake any action to collect the fines which have been imposed in criminal cases prosecuted by a district attorney. The attorney general would have authority to take action to enforce fines in cases prosecuted by the attorney general. See Nev.Rev.Stat. § 228.125. Similarly, the Department of Prisons has no specific authority to collect fines through deductions from wages or other property of offenders, or to institute any action against an offender to obtain the payment of a fine. The department is given specific authority to collect only certain debts owed by inmates, such as restitution or family support. See Nev.Rev.Stat. § 209.346 and 209.4811-209.4843; 209.352. Criminal fines are not included as a debt which may be collected by the Department of Prisons. This specific grant of authority to collect only certain debts implies a lack of authority to collect others. See Galloway v. Truesdell, 83 Nev. 13, 26, 422 P.2d 237 (1967). .
Revenue flow
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Nevada 1984 Nev. Op. Att'y Gen. 35 (1984) Constitutional law - evidence-criminal procedure Only nonindigent persons may be the subject of recoupment measures
Where the legislature provides an express statutory system for recoupment of litigation costs from a convicted defendant the courts will generally enforce these provisions despite constitutional challenges. An implicit condition
+ See more
for the imposition of costs upon the convicted offender is that only nonindigent persons can be the subject of recoupment measures. These statutes do not have a chilling effect on the exercise of other constitutional rights under the fifth and sixth amendments.
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Louisiana Op. Att'y Gen. No. 97-237 (June 18, 1997) Uniform eligibility criteria for indigency standards Does allowing different municipalities to set their own indigency standards or fines/fees violate the equal protection afforded by the state’s constitution? Unclear, but different municipalities are required by statute to have the same standards
(d) uniform eligibility criteria for determining  indigency and the eligibility of defendants to qualify for indigent defender representation at the district and state level;(citing language from statute creating the Louisiana
+ See more
Defense Board)
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Louisiana Op. Att'y Gen. No. 95-449 (Nov. 8, 1995) Collection contracts with private vendors Which fines and/or fees may be collected by a private vendor? no stated limit
You have requested our opinion as to whether it is permissible for the Sheriff, with the formal approval of the District Court, to enter into such an agreement.  If so,
+ See more
you ask whether the public bid laws apply in procuring the services of a collection agency. We have reviewed the constitutional and statutory provisions relating to the powers and duties of sheriffs and can find nothing that would prohibit the Sheriff from entering into such an agreement. Our opinion is predicated upon the concurrence to the agreement of all parties enumerated hereinabove, and a formal order of the District Court Judge authorizing the contract and the percentage and/or fee to be retained by the collection agency. As discussed, this opinion is limited to only those fines that have been previously assessed, are currently delinquent and which you have been unable to collect. While a contract for the services of a collection agency are not required to be publicly bid by the Sheriff, we recommend that you solicit several proposals to ensure the confection of a contract that is most favorable to your office.
Revenue flow
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Illinois 1992 WL 469752 (Ill.A.G.); 1985 Ill. Atty. Gen. Op. 166 (Ill.A.G.), 1985 WL 68990; 1978 Ill. Atty. Gen. Op. 175 (Ill.A.G.), 1978 WL 17642 Illinois-Attorney General opinion What authority does the state supreme court have to impose binding state-wide rules on the imposition or collection of fees and fines? Revenue flow