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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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.
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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.
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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
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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.
Revenue flow
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Ohio 1990 Ohio Op. Atty. Gen. No. 90-088 (Nov. 14 1990) Fines and fees Does allowing different municipalities to set their own indigency standards or fines/fees violate the equal protection afforded by the state’s constitution? Indigency should be determined on a case-by-case basis, not through set standards
A gleaning of the aforementioned authorities clearly reveals that there are no set criteria for determining whether an individual is indigent. Rather, the preferred approach is to determine indigency on
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a case by case basis so as to accord attention to any and all factors tending to indicate an individual's financial condition. . . . [T]he the criteria for determining . . . whether an individual is indigent, include the ready availability of real or personal property owned; employment benefits; pensions; annuities; social security; unemployment compensation; inheritances; number and age of dependents; outstanding debts, obligations and liabilities; and any other relevant considerations concerning the financial condition of an individual.
Revenue flow
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Ohio no fines and fees Which fines and/or fees may be collected by a private vendor?
Neither the courts nor the State AG has considered this question. However, the Ohio Revised Code provides that both misdemeanor fines, § 2928.18(F) and felony fines, § 2928.28(G)(1), may be
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collected by private vendors
Transparency
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Ohio no ability to pay Who has the burden of proof in an ability to pay determination? What is the standard of proof required? See Case Law: Liming v. Damos, 979 N.E.2d 297 (Ohio 2012) Fines and fees
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Ohio no Ohio-Attorney General opinion Should ability to pay be considered when imposing fines or fees or only when collecting fines or fees? See Case Law: State v. Meyer, 706 N.E.2d 378, 380 (1997); Ohio Rev. Code § 2947.14 ability to pay Fines and fees
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Ohio 2012 Ohio Op. Att'y Gen. No. 2012-039 (Nov. 14, 2012) fines and fees What authority do county or municipal courts have to set fines or fees? County courts can use their fining power to fund various projects, programs, and services of the court
Although a county court has authority to use a special projects fund established under R.C. 1907.24(B)(1) to finance community service programs, nothing in the Ohio Constitution, Revised Code, Ohio Rules
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of Criminal Procedure, or Rules of Superintendence for the Courts of Ohio directs the manner in which a county court may use moneys in a special projects fund to provide such financing. This means that the judges of a county court have the discretion and implied power to use special projects fund moneys in whatever manner is reasonably necessary to make community service programs available to persons who are convicted of, or plead guilty to, a misdemeanor.
Fines and fees
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Ohio no Fines and fees What authority does the state supreme court have to impose binding state-wide rules on the imposition or collection of fees and fines?
This has not been considered by courts or the State AG. But the Ohio Supreme Court issues "bench cards" guiding the lower courts on how to implement fines. See, e.g.,
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The Supreme Court of Ohio, Office of Judicial Services, Collection of Fines and Court Costs (2014)
Revenue flow
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Ohio no no Under what circumstances does a conflict of interest in the imposition or enforcement of court debt violate state law? This has not been considered to date
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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.