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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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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 + See moreis not indigent.
We do not question the power of the court to collect the statutory $7 .50 under
* 3 1 -3201A ( b).
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Fines and fees |
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Kansas | Kan. Att'y Gen. Op. No. 84-25 (Mar. 20, 1984) | Criminal ProcedureCosts in Criminal CasesLiability for Costs | What authority do county or municipal courts have to set fines or fees? |
A district magistrate or municipal court judge may not assess a defendant for "room and board" costs associated with his or her confinement in a city or county jail, unless + See morethe legislature enacts a statute so providing.
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it is our opinion that there is no statutory authority whereby a district magistrate judge or municipal court judge may assess a defendant for room and board costs associated with his or her + See moreconfinement in a city or county jail. Although what has been said above is dispositive of the question raised, we are impelled to note that, where the legislature enacts a statute so providing, the state or a subdivision thereof may initiate proceedings against a prisoner for reimbursement of the expenses attributable to his or her incarceration. See 72 C.J.S., Prisons § 26(e); 139 A.L.R. 1028; McAuliffe v. Carlson, 377 F.Supp. 896, 900 (1974).
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Fines and fees |