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

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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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California 65 Cal. Op. Att'y Gen. 581 (1982) "May a penalty assessment be levied against a criminal defendant who does not have a present ability to pay such assessment?"
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?
Indigent defendants cannot be imprisoned solely because they cannot pay a penalty. However, when indigent defendants refuse or fail to meet the terms of an alternative option, they can be
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imprisoned, as the court sees them the same as a non-indigent defendant.
The effect of Antazo was to bar a trial judge from sending a defendant to jail or prison solely because he was unable to pay the monetary penalty. (In re
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Siegel (1975) 45 Cal.App.3d 843, 846.) However, as Antazo makes clear, such a penalty may nevertheless be imposed upon an indigent in certain circumstances (3 Cal.3d 100, 116):‘[O]ur holding is simply that an indigent who would pay his fine if he could, must be given an option comparable to an offender who is not indigent. When the indigent offender refuses to avail himself of such alternatives at the inception, or defaults or otherwise fails to meet the conditions of the particular alternative which is offered him without a showing of reasonable excuse, the indigent offender becomes in the eyes of the court exactly the same as the contumacious offender who is not indigent. When either of these conditions obtain the offender's indigency ceases to be dispositive and he may, consistently with the mandate of the equal protection clause, be relegated to ‘working out’ his fine by imprisonment.' 65 Cal. Op. Att'y Gen. 581 (1982).
Ability to pay
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California 66 Cal. Op. Att'y Gen. 440 (1983). Personal use of fines and fees prohibited Under what circumstances does a conflict of interest in the imposition or enforcement of court debt violate state law? Judges cannot receive fines or fees for personal use.
Article VI, section 17, of the California Constitution, provides: “A judge of a court of record may not practice law and during the term for which the judge was selected
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is ineligible for public employment or public office other than judicial employment or judicial office. A judge of the superior or municipal court may, however, become eligible for election to other public office by taking a leave of absence without pay prior to filing a declaration of candidacy. Acceptance of the public office is a resignation from the office of judge. “A judicial officer may not receive fines or fees for personal use.” 66 Cal. Op. Att'y Gen. 440 (1983).
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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 1993 Nev. Op. Att'y Gen. 102 (1993) Fines, judgments, judges What authority do county or municipal courts have to set fines or fees? Courts may, in the exercise of their judgment, set fines and fees.
NRS 244.207, which authorizes counties to establish a collection division to collect fees and monetary sanctions imposed by courts that are ultimately owed to the county when collected, does not
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violate Nevada's separation of powers provision. Although all collection efforts can be deferred by the courts, the legislative intent underlying NRS 244.207(1)(f) is to not impede collection efforts pending court rulings at any level. There is nothing in this statutory provision which impedes the courts in the exercise of their inherent judicial power to enforce their judgments and orders. Therefore, NRS 244.207 is constitutional.
Fines and fees
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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
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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
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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). .
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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
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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
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Nevada 1987 Nev. Op. Att'y Gen. 29 (1987) Criminal law - execution of sentence of imprisonment and fine
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
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of Prisons may only collect 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
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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). .
Fines and fees