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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Idaho Guideline 2/15/1979 Guideline 2/15/1979 Can a sheriff collect fees owed to him directly from criminal defendants? No
...we strongly question whether a defendant could be assessedthe costs of making the arrest or transporting him as a prisoner. Assessing costs of serving subpoenas might be upheld if the defendant
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is not indigent. We do not question the power of the court to collect the statutory $7 .50 under * 3 1 -3201A ( b).
Fines and fees
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Mississippi 1981 WL 39784 (Miss.A.G.); Miss. Code Ann. § 99-19-20 (2) Mississippi-Attorney General opinion Does allowing different municipalities to set their own indigency standards or fines/fees violate the equal protection afforded by the state’s constitution? apparently not, because judges rule on indigency on a case-by-case basis
In the event an indigent is unable to pay his fine, a justice court judge may rely upon Section 99-19-20 of the Mississippi Code, 1972 , as amended, as an
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alternative procedure in working with indigents.
Ability to pay
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Mississippi 1994 WL 497828 (Miss.A.G.) Mississippi-Attorney General opinion Which fines and/or fees may be collected by a private vendor? Any kind of fine or fee, at least for municipalities.
Section 21-17-l, Mississippi Code of 1972, as amended, provides that a “. . .municipality may contract with a private attorney or privatecollection agent or agency to collect any type of delinquent payment owed to the municipality including, but
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not limited to, past due feesand fines.”
Enforcement
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Mississippi 1996 WL 224005 (Miss.A.G.) Mississippi-Attorney General opinion What authority do county or municipal courts have to set fines or fees? The court has the authority to impose "reasonable" fees for costs incurred by the court system. In response, see the Primeaux opinion which states that Mississippi Code Annotated Section 21-23-7(11) allows a municipal court to impose reasonable costs of court which could include a service of process fee. Fines and fees
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Mississippi 1996 WL 369442 (Miss.A.G.) Mississippi-Attorney General opinion Other applicable opinions Court costs that are statutorily mandated must be collected from defendant by the country clerk, whether a judge decides to impose them or not.
In response, we direct your attention to Mississippi Code Annotated Section 99-19-73 (Supp. 1995), which sets forth the standard state monetary assessments for criminal violations. Specifically, subsection (7) states: If a
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fine or other penalty imposed is suspended, in whole or in part, such suspension shall not affect the state assessment under this section. No state assessment imposed under the provisions of this section may be suspended or reduced by the court. Based on the above quoted statute, the state assessment court costs are collected by the clerk of the court regardless of whether the judge imposes them or not. There are several statutorily imposed fees or costs which are to be collected regardless of whether the judge imposes them or not, e.g. Mississippi Code Annotated Section 19-7-31 allows the boards of supervisors to impose a court cost for the support of a public county law library in their respective counties. This court cost is automatically assessed regardless of whether the judge imposes it or not. Also, upon conviction for writing a bad check, Section 97-19-67(4) directs the court to impose a fee in the amount of up to 85% of the face value of a bad check in addition to any other fine, fee, cost or penalty imposed by the judge. Section 37-26-9(4) imposes a supplemental court education and training cost in all criminal cases where a fine of $10 or more is imposed by the judge. The general rule is that if the cost is statutorily imposed, there is no need for the judge to impose the cost. However, from time to time, a court cost may be incurred in which there is no statutory imposition. In such a case it is within the judge's discretion to impose such a court cost on the defendant.
Enforcement
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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.
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Minnesota Mr. Richard T. Jessen Minn. Op. Atty. Gen. 1025B 1981 WL 157319 Minnesota-Attorney General opinion Other applicable oppinions Municipalities and towns are entitled to at least half of the funds from fines and fees collected by the county clerk
The crucial feature in the context of this statute is that, unlike the large number of special and limited purpose government units, a municipality, or a city, is a general
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purpose government unit. For example, the municipality is authorized by a wide range of statutes to engage in a variety of functions, including providing police protection and protecting the public health, safety, welfare and Morals. See; Minn. Stat. chs. 410 to 472 (1980). Review of the various local government units reveals that a town is the unit most similar to a municipality. To some extent, towns also possess traditional police powers and authority to provide law enforcement services. Minn. Stat. §§ 365.15; 367.03, subd. 3 (1980). Indeed, numerous towns are given the powers and authority of a statutory city. Minn. Stat. § 368.011 (1980). We therefore conclude that while the county is entitled to one-half of all such fines or penalties, the municipality or town in which a statutory violation is committed is entitled to the other half of such funds.
Revenue flow
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Minnesota Mr. D. Scott Ballou Minn. Op. Atty. Gen. 1025-B 1980 WL 119583 Minnesota-Attorney General opinion In most circumstances, the allocation of funds collected by fines and fees is based on the geographic location of the offense that gave rise to the fine or fee,
The manner of disposition of fines and fees is based on the geographic location of the offense giving rise to the fee or fine and not on the law enforcement
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agency responsible for issuing the citation. The only exceptions provided by the statute occur when the Minnesota Highway Patrol issues the citation. See Minn. Stat. § 299D.03, subd. 5 (1978), or where the fines or fees were collected prior to August 1, 1975, see Minn. Stat. § 487.33, subd. 6 (1978). However, the fines and fees referred to in Minn. Stat. § 487.33, subd. 5 (1978) are limited to certain parking fines, which must be paid over in full each month to the municipality in which the parking violation occurred, and fines and penalties collected as a result of violations of a state statute, or ordinance, charter provision, rules or regulation of a city must be equally divided on a monthly basis. In addition, monies collected as a result of a violation of an ordinance promulgated by a town board of supervisors or board of county commissioners shall be retained by the county treasurer pursuant to the last sentence of Minn. Stat. § 487.33, subd. 5 (1978).
Revenue flow