Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Attorney General Opinions
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Below are the attorney general opinions that meet your search criteria.
2 Results
| State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Indiana | 2010 Ind. Op. Att'y Gen. No. 1 (May 12, 2010) | Re: Civil Forfeitures and the Common School Fund | Other applicable opinions | Civil forfeitures are not committed to the common school funds like criminal fines and fees under the state constitution |
It is our opinion that Article 8, § 2 of the state constitution does not apply to forfeiture actions brought under Ind. Code ch. 34-24-1. Article 8 of the Indiana + See moreConstitution provides for the funding of the common school fund, part of which is derived “from the fines assessed for breaches of the penal laws of the State; and from all forfeitures which may accrue.” Art. 8, § 2. A proceeding under Indiana's forfeiture law is civil in nature, and it is only fines and forfeitures from criminal proceedings that must be paid into the common school fund.
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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 + See moreor 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.
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Ability to pay |