Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Attorney General Opinions
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2 Results
| State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Alaska | Alaska Stat. Ann. § 12.55.051(j) | Enforcement of fines and restitution | Which fines and/or fees may be collected by a private vendor? | This has not been articulated by the court or by the Attorney General. Statutory law seems to indicate that any fine or fee can be collected by a private vendor |
(j) The Department of Law may enter into contracts on behalf of the state to carry out the collection procedures of this section. The Department of Law may adopt regulations + See morenecessary to carry out the collection procedures of this section, including the reimbursement of attorney fees and costs in appropriate cases.
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Enforcement |
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Utah | Normal G. Angus, Informal Opinion No. 87-06, 1987 WL 272559, at *2-3 (July 15, 1987) | Informal Opinion No. 87-06 |
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 + See morethe proceedings may only result in additional fines or non-incarceration penalties?
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Unclear. Bail forfeiture proceedings do not provide the same safeguards. I am unsure if this can be extrapolated to collection proceedings. |
Bail forfeiture actions are civil in nature; criminal procedure safeguards are not implicated
.In comparing the two approaches to nonappearancebail forfeiture versus contemptit becomes readily apparent that the contempt process presents + See morefewer obstacles of statutory construction and would be procedurally easier to effectuate.
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Enforcement |