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State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
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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 |
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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 morefor 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.
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Ability to pay |