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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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Illinois Two opinions stating that there a prisoner must only reimburse the county for expenses incurred due to their incarceration if they have the ability to pay . Illinois-Attorney General opinion Who has the burden of proof in an ability to pay determination? What is the standard of proof required? 1996 WL 67870 (Ill.A.G.);1981 WL 37190 (Ill.A.G.)
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Illinois
1997 Ill. Atty. Gen. Op. 027 (Ill.A.G.), 1997 WL 824988; 1984 Ill. Atty. Gen. Op. 72 (Ill.A.G.), 1984 WL 60051; 1992 WL 469747 (Ill.A.G.); 1985 Ill. Atty. Gen. Op. 126
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(Ill.A.G.), 1985 WL 68980
Illinois-Attorney General opinion What authority do county or municipal courts have to set fines or fees? Fines and fees
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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
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Ohio 1990 Ohio Op. Atty. Gen. No. 90-088 (Nov. 14 1990) Fines and fees Does allowing different municipalities to set their own indigency standards or fines/fees violate the equal protection afforded by the state’s constitution? Indigency should be determined on a case-by-case basis, not through set standards
A gleaning of the aforementioned authorities clearly reveals that there are no set criteria for determining whether an individual is indigent. Rather, the preferred approach is to determine indigency on
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a case by case basis so as to accord attention to any and all factors tending to indicate an individual's financial condition. . . . [T]he the criteria for determining . . . whether an individual is indigent, include the ready availability of real or personal property owned; employment benefits; pensions; annuities; social security; unemployment compensation; inheritances; number and age of dependents; outstanding debts, obligations and liabilities; and any other relevant considerations concerning the financial condition of an individual.
Revenue flow
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Ohio no fines and fees Which fines and/or fees may be collected by a private vendor?
Neither the courts nor the State AG has considered this question. However, the Ohio Revised Code provides that both misdemeanor fines, § 2928.18(F) and felony fines, § 2928.28(G)(1), may be
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collected by private vendors
Transparency
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Ohio no ability to pay Who has the burden of proof in an ability to pay determination? What is the standard of proof required? See Case Law: Liming v. Damos, 979 N.E.2d 297 (Ohio 2012) Fines and fees
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Ohio no Ohio-Attorney General opinion Should ability to pay be considered when imposing fines or fees or only when collecting fines or fees? See Case Law: State v. Meyer, 706 N.E.2d 378, 380 (1997); Ohio Rev. Code § 2947.14 ability to pay Fines and fees
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Ohio 2012 Ohio Op. Att'y Gen. No. 2012-039 (Nov. 14, 2012) fines and fees What authority do county or municipal courts have to set fines or fees? County courts can use their fining power to fund various projects, programs, and services of the court
Although a county court has authority to use a special projects fund established under R.C. 1907.24(B)(1) to finance community service programs, nothing in the Ohio Constitution, Revised Code, Ohio Rules
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of Criminal Procedure, or Rules of Superintendence for the Courts of Ohio directs the manner in which a county court may use moneys in a special projects fund to provide such financing. This means that the judges of a county court have the discretion and implied power to use special projects fund moneys in whatever manner is reasonably necessary to make community service programs available to persons who are convicted of, or plead guilty to, a misdemeanor.
Fines and fees
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Ohio no Fines and fees What authority does the state supreme court have to impose binding state-wide rules on the imposition or collection of fees and fines?
This has not been considered by courts or the State AG. But the Ohio Supreme Court issues "bench cards" guiding the lower courts on how to implement fines. See, e.g.,
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The Supreme Court of Ohio, Office of Judicial Services, Collection of Fines and Court Costs (2014)
Revenue flow
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Ohio no no Under what circumstances does a conflict of interest in the imposition or enforcement of court debt violate state law? This has not been considered to date