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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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New York 2004 N.Y. Op. Atty. Gen. No. 14 (N.Y.A.G.), 2004 WL 3007300 New York-Attorney General opinion What authority do county or municipal courts have to set fines or fees?
A village may impose both civil and criminal penalties for violations of local zoning laws, although criminal penalties must be consistent with the designation and classification of offenses under the Penal Law. A
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village may provide for increased penalties for subsequent convictions, but may not designate any such offense as a felony. The disgorgement of profits upon conviction of a zoning violation may be obtained through an alternate sentence under the Penal Law, or through enactment of a carefully crafted civil forfeiture law.
"In sum, we conclude that the Village is authorized under its home rule powers to provide for both civil and criminal penalties for violation of local zoning laws, but that criminal penalties must
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be consistent with the designation and classification of offenses under the Penal Law. We further conclude that the Village may provide for increased penalties for subsequent convictions under its zoning code, but may not designate any such offense as a felony. Finally, we are of the opinion that disgorgement of profits upon conviction of a zoning violation may be obtained through the use of an alternate sentence as authorized by the Penal Law, or through enactment of a carefully crafted civil forfeiture law."
Revenue flow
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South Carolina S.C.A.G. Oct. 8, 2012 (informal opinion) Civil contempt
Are the same procedural protections that are required in criminal proceedings required in civil collection/contempt proceedings arising from criminal justice debt when those proceedings may result in incarceration? What if
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the proceedings may only result in additional fines or non-incarceration penalties?
No - the rationale for punishment based on contempt proceedings rather than criminal proceedings is different
The principal purpose of criminal contempt is punishment. In civil contempt, however, the contemnors "carry the keys of prison in their own pockets" as the contempt serves to secure "compliance
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with judicial decrees." 287 S.E.2d at 919. The Court concluded that "[t]he conditional nature of the imprisonment, based entirely upon appellant's refusal to pay respondent's expenses, justified the civil contempt proceeding without a jury trial.
Enforcement
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South Carolina S.C.A.G. July 15, 1996 (informal opinion) Setting fees Does allowing different municipalities to set their own indigency standards or fines/fees violate the equal protection afforded by the state’s constitution? Not answered as to indigency - however, municipalities cannot set their own fees not in accordance with State statutes
it is the opinion of this Office that all fee schedules used in the various counties based upon ordinances and special statutes are unconstitutional and that the only fee schedule
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available for the services enumerated is to be found under South Carolina Code Section 27-53 (1976) [replaced by Act No. 164 of 1979]
Fines and fees
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South Carolina Robert L. McCrudy, S.C.A.G. Dec. 14, 1999 (informal opinion) Collection by private vendor Which fines and/or fees may be collected by a private vendor? Collection of criminal fines and fees are the job of the magistrate
With respect to the physical collection and handling ofpublic monies such as fines, restitution, etc. such should be done exclusively by the court and its officers rather than by the
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company, in the absence of legislative authorization therefore.
Enforcement
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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
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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
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South Carolina 1978 S.C. Op. Att'y Gen. 140 (1978) South Carolina-Attorney General opinion What authority do county or municipal courts have to set fines or fees? By implication, they may set fees at least as far as reimbursement for public defense
Since the Defense of Indigents Act, supra, does not prohibit the municipal court from ordering reimbursement as a condition of suspended sentences and since such orders are not generally unconstitutional
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or improper, it is the opinion of this Office that certain municipal courts may order as a condition of a suspended sentence, a convicted indigent defendant to reimburse the Judicial Department for the costs of his representation by a public defender, pursuant to Section 17–3–40 of the Code of Laws.