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|State||Citation||Description/Statute Name||Question||Brief answer||Language from the opinion||When does the case apply?|
|Indiana||2003 Ind. Op. Att'y Gen. No. 2 (Jan. 31, 2003)||RE: Local Ordinances and State Laws||What authority do county or municipal courts have to set fines or fees?||Cities and towns may not enact local ordinances similar to state laws in order to generate revenue||
The Home Rule Act expressly prohibits local units of government from adopting local ordinances which assign a penalty for an act that constitutes a crime or infraction under state statute.+ See more
A state statute must be evaluated to determine if the statute deals comprehensively with a subject matter; local ordinances might not be preempted if a state statute does not deal comprehensively with a subject matter and there is room for supplemental local regulation. However, a city or town may not enact a local ordinance where there is an existing state statute dealing comprehensively with the subject matter and local law is considered preempted by state law.
|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 more
Constitution 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.
|Montana||49 Mont. Op. Att'y Gen. No. 18, 2002 WL 1009805||Montana-Attorney General opinion||What authority do county or municipal courts have to set fines or fees?||
The Montana Constitution and Montana law authorize amunicipal court judge to release a defendant on a time-pay bail bond, defined as a bond in an amount set by the judge to be+ See more
paid in installments.
If the court finds some form of bail necessary, however, Mont. Code Ann. § 46-9-301, provides more specific factors for a court to consider. These factors include, among other matters+ See more
not related to the safety of the victim and the community, that the amount shall be not oppressive, and that the amount shall be considerate of the financial ability of the accused. Id., §§ 46-9-301(4) and (6). The time-pay bail bonds system comports with these requirements.The Montana Constitution and Montana law authorize a municipal court judge to release a defendant on a time-pay bail bond, defined as a bond in an amount set by the judge to be paid in installments.
|Ability to pay|
|Montana||41 Mont. Op. Att'y Gen. No. 59||Montana-Attorney General opinion||Other applicable opinions||Cash bail for minor offenses may be increased to include applicable surcharges||
In order to collect the additional $10 charge required by section 46-18-236, MCA, a court may exercise its power under section 46-9-302, MCA, and increase the bail schedule for minor+ See more
offenses in a like amount.