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Below are the attorney general opinions that meet your search criteria.
|State||Citation||Description/Statute Name||Question||Brief answer||Language from the opinion||When does the case apply?|
|Maryland||83 Md. Op. Att'y Gen. 33 (1998)||Maryland-Attorney General opinion||
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 more
the proceedings may only result in additional fines or non-incarceration penalties?
|The same procedural protections apply when a defendant may be incarcerated. Otherwise, they do not apply.||
In similar language, the Maryland Public Defender Act requires representation by that office “at all stages” of specified proceedings. When incarceration is sought in a civil contempt proceeding, a hearing+ See more
before a master is a critical stage of such a proceeding. Accordingly, both the right to counsel and the obligation of the Public Defender to provide representation for indigents apply.If incarceration is not sought as a remedy in a contempt proceeding, the constitutional right to counsel is not implicated.6 Nor is the Public Defender obligated to provide representation.
|Ability to pay|
|Maryland||See Md. Code Ann., State Fin. & Proc. § 3-302||Maryland-Attorney General opinion||Which fines and/or fees may be collected by a private vendor?||N/A. Maryland has a state central collection agency which collects fees.||Revenue flow|
|Maryland||86 Md. Op. Att'y Gen. 183 (2001)||Maryland-Attorney General opinion||Who has the burden of proof in an ability to pay determination? What is the standard of proof required?||No burden or standard has been established. Instead, the Court simply inquires into the reason for inability to pay the fine.||
"Thus, the Constitution places both procedural and substantive limitations on a court's power to incarcerate a criminal defendant in lieu of payment of a fine. First, the court must inquire+ See more
into the reason why the defendant has failed to pay the fine. If the failure to pay is attributable to indigency the court must also consider alternate methods of punishment. If the court ultimately decides that an additional period of incarceration is necessary to serve the interests of deterrence and punishment, the aggregate period of incarceration cannot exceed the maximum sentence for the underlying offense."
|Ability to pay|
|Maryland||Simms v. State, 501 A.2d 1338, 1342 (1986)||Maryland-Attorney General opinion||Should ability to pay be considered when imposing fines or fees or only when collecting fines or fees?||Case law says at the time of collection.||"A hearing to determine ability to pay is appropriate not at the time of the imposition of the sentence but at the time of its enforcement"||Ability to pay|
|Delaware||Del. Op. Atty. Gen. 93-I004 (Del.A.G.), 1993 WL 594345||Department of Correction's ability to assess a supervision fee on offenders and determine ability to pay||Other applicable opinions||
The Department, subject only to powers vested in the judicial and certain executive departments and officers of the State, shall have the duties set forth in this chapter and the+ See more
exclusive jurisdiction over the care, charge, custody, control, management, administration and supervision of: (14) Collecting as a condition of supervision, a fee based on the Accountability Level of the offender. An offender sentenced to an Accountability Level I sanction shall be charged a $10 monthly fee; an offender sentenced to an Accountability Level II sanction shall be charged a $20 monthly fee; and an offender sentenced to an Accountability Level III sanction shall be charged a $25 monthly fee. The Director of Community Services shall develop policies and procedures with regard to determining an offender's ability to pay the monthly fee. Such policies and procedures shall be applied on a consistent basis to all offenders, and shall be subject to approval by the Commissioner of Correction. In the event the Department determines an offender is unable to pay the monthly fee due to lack of employment or other significant extenuating circumstances, such as an offender's responsibility to remit payment for victim compensation, restitution or child support, said inability shall not constitute a violation of supervision. The offender shall remain liable to pay the fee at such time as the Department determines he or she is able to do so. (Emphasis Supplied) For the reasons outlined below, we conclude that the Department is permitted to assess a supervision fee on offenders sentenced prior to the effective date of 11 Del.C. Sec. 6504(14).
|Ability to pay|