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Below are the attorney general opinions that meet your search criteria.
6 Results
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 + See more(Ill.A.G.), 1985 WL 68980
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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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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 |
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Utah | Ms. Faye Price, Informal Opinion No. 79-51, 1979 WL 32606, at *1 (Feb. 15, 1979) | Informal Opinion No. 79-51, | Does allowing different municipalities to set their own indigence standards or fines/fees violate the equal protection afforded by the states constitution? |
Possibly. Ability to pay should be consistently applied in reference to statute that requires parents and guardians to pay for the cost and maintenance of State Training School residents. Therefore, + See moreit is possible that determining ability to pay when assessing criminal justice debt presents same constitutional issues.
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there could be constitutional difficulties arise from the manner in which it is applied if great care is not taken to insure that the determination of financial responsibility is made + See moreon a strictly consistent and rational basis.
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Ability to pay |
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Utah | Ronald W. Thompson, Informal Opinion No. 77-150, 1978 WL 25972, at *1 (Feb. 7, 1978) | Informal Opinion No. 77-150 | see above | see above |
There is no requirement in the statute that there be a judicial determination of indigence, and it does not appear that a county could properly limit its payments to persons + See morewho have been judicially determined indigent.
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Ability to pay |