All

Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.

Every law can be saved to the Reform Builder

 

Below are all of the laws that meet your criteria. You may also try the subject-area-specific tabs for advanced searching.

Fines and Fees
State Statute Description/Statute Name Statutory language Amount Type of financial obligation Type of court Level of offense Mandatory Imposed by Delegation of authority
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Maryland Md. Code Ann., Transp. § 27-101(c)(3) removed, falsified, or unauthorized identification number or registration card
Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $500
+ See more
or imprisonment for not more than 2 months or both: § 14-104 (“Damaging or tampering with vehicle”);
$0 - $500 Fine All Misdemeanor No Court N/A
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Maryland Md. Code Ann., Transp. § 27-101(c)(4) altered or forged documents and plates
Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $500
+ See more
or imprisonment for not more than 2 months or both: § 14-107 (“Removed, falsified, or unauthorized identification number or registration card or plate”);
$0 - $500 Fine All Misdemeanor No Court N/A
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Maryland Md. Code Ann., Transp. § 27-101(c)(5) prohibited acts: vehicle sales transactions
Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $500
+ See more
or imprisonment for not more than 2 months or both: § 14-110 (“Altered or forged documents and plates”);
$0 - $500 Fine All Misdemeanor No Court N/A
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Maryland Md. Code Ann., Transp. § 27-101(c)(6) prohibited acts: advertising practices
Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $500
+ See more
or imprisonment for not more than 2 months or both: § 15-312 (“Dealers: Prohibited acts--Vehicle sales transactions”);
$0 - $500 Fine All Misdemeanor No Court N/A
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Maryland Md. Code Ann., Transp. § 27-101(c)(7) prohibited acts: violation of licensing law
Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $500
+ See more
or imprisonment for not more than 2 months or both: § 15-313 (“Dealers: Prohibited acts--Advertising practices”);
$0 - $500 Fine All Misdemeanor No Court N/A
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Maryland Md. Code Ann., Transp. § 27-101(c)(8) prohibited acts: vehicle salesman
Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $500
+ See more
or imprisonment for not more than 2 months or both: § 15-314 (“Dealers: Prohibited acts--Violation of licensing laws”);
$0 - $500 Fine All Misdemeanor No Court N/A
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Maryland Md. Code Ann., Transp. § 27-101(c)(9) prohibited acts: violation of alcohol restriction
Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $500
+ See more
or imprisonment for not more than 2 months or both: § 15-411 (“Vehicle salesmen: Prohibited acts”);
$0 - $500 Fine All Misdemeanor No Court N/A
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Maryland Md. Code Ann., Transp. § 27-101(c)(10) prohibited acts: unlawful use of license
Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $500
+ See more
or imprisonment for not more than 2 months or both: § 16-113(j) (“Violation of alcohol restriction”);
$0 - $500 Fine All Misdemeanor No Court N/A
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Maryland Md. Code Ann., Transp. § 27-101(c)(11) prohibited acts: leaving scene of accident
Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $500
+ See more
or imprisonment for not more than 2 months or both: § 16-301, except § 16-301(a) or (b) (“Unlawful use of license”);
$0 - $500 Fine All Misdemeanor No Court N/A
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Maryland Md. Code Ann., Transp. § 27-101(c)(12) prohibited acts: accidents resulting only in damage to attended vehicle or property
Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $500
+ See more
or imprisonment for not more than 2 months or both: § 20-103 (“Driver to remain at scene--Accidents resulting only in damage to attended vehicle or property”);
$0 - $500 Fine All Misdemeanor No Court N/A
Ability to Pay
State Statute Description/Statute Name Statutory language Type of financial obligation Type of court Level of offense Definition of ability to pay Timeline Burden of proof Hearing requirement(s) Method of determination Mandatory Remedies if unable to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Arkansas Ark. Code Ann. § 5-65-114   Inability to pay -- Alternative public service work
 If a court finds that a person against whom fines, fees, or court costs are levied for violating this chapter is financially unable to pay the fines, fees, or costs,
+ See more
the court shall order the person to perform public service work as the court determines is appropriate.
Fine State, Municipal All Not provided for Not provided for Not provided for Not provided for Not provided for Yes

Community Service

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Arkansas Ark. Code Ann. § 16-93-104   Supervision fee -- Direct payment by offender -- Failure to pay
(b) (1) When an offender on probation defaults in the payment of supervision fees or any installment thereof, the court may require the offender to show cause why he
+ See more
or she would not be imprisoned for nonpayment. (2) The offender shall not be imprisoned if the offender is financially unable to make the payments and states so to the court in writing, under oath, and the court so finds. (3) Unless the offender shows that his or her default was not attributable to a purposeful refusal to obey the sentence of the court or to a failure on his or her part to make a good faith effort to obtain the funds required for payment, the court may order the defendant imprisoned until the payments are made. (4) If the court determines that the default in payment is not attributable to the causes specified in subdivision (b)(3) of this section, the court may enter an order allowing the offender additional time for payment, reducing the amount of each installment, or revoking the fees or the unpaid portion thereof in whole or in part. (c) (1) The offender on parole may be imprisoned for violation of parole if the offender is financially able to make the payments and if the payments are not made and the Parole Board so finds, subject to the limitations set out in this subsection. (2) The offender shall not be imprisoned if the offender is financially unable to make the payments and states so under oath to the Parole Board in writing, and the Parole Board so finds. (d) Court costs under § 16-10-305 shall be collected in full before any fees are collected under this section.
Fee All All Not provided for Not provided for Burden on defendant to show inability to pay Not provided for Not provided for Yes

Additional time, reduced payments, revoke fees.

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Arkansas Ark. Code Ann. § 5-4-303 Conditions of suspension and probation The amount of the assessed attorney's fee shall be commensurate with the defendant's ability to pay. Fee State, Municipal All Not provided for Not provided for Not provided for Not provided for Not provided for Yes

Waiver/reduction of fee

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Colorado Colo. Rev. Stat. § 18-1.3-507(6) Community or useful public service--misdemeanors
The court shall assess an amount, not to exceed one hundred twenty dollars, upon every person required to perform community or useful public service pursuant to section 18-1.3-501(2). The court
+ See more
may waive this fee if the court determines the defendant to be indigent.
Supervision fee All All

"Indigent"

Not provided for Not provided for Not provided for Not provided for No Not provided for
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Colorado Colo. Rev. Stat. § 17-10-103 Action for reimbursement of cost of care
In an action filed pursuant to this article, the plaintiff seeking reimbursement for cost of care shall demonstrate that the offender substantially misrepresented such offender's financial status to the sentencing
+ See more
court or that such offender's financial circumstances have changed substantially after sentencing.
Other All All

"sufficient assets to pay all or part of the cost of care

At enforcement of fine or fee Burden on government to show ability to pay

Hearing required

Determined by judge after hearing No Not provided for
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Colorado Colo. Rev. Stat. §18-19-103(6) Source of revenues--allocation of moneys
(a) The court may not waive any portion of the surcharge required by this section unless the court first finds that the drug offender is financially unable to pay any
+ See more
portion of said surcharge.(b) The finding required by paragraph (a) of this subsection (6) shall only be made after a hearing at which the drug offender shall have the burden of presenting clear and convincing evidence that he is financially unable to pay any portion of the surcharge. (c) The court shall waive only that portion of the surcharge which the court has found the drug offender is financially unable to pay.
Surcharge All Felony

None given

Not provided for Burden on defendant to show inability to pay

Hearing required

Determined by judge after hearing No Not provided for
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Colorado Colo. Rev. Stat. §18-21-103(4) Source of revenues--allocation of moneys
The court may waive all or any portion of the surcharge required by this section if the court finds that a person convicted of a sex offense is indigent or
+ See more
financially unable to pay all or any portion of such surcharge. The court shall waive only that portion of the surcharge which the court has found that the person convicted of a sex offense is financially unable to pay.
Surcharge All Felony, Misdemeanor

None given

Not provided for Not provided for Not provided for Not provided for No Not provided for
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Colorado Colo. Rev. Stat. §18-24-103(3) Source of revenues--allocation of moneys
(3) The court may waive all or any portion of the surcharge required by section 18-24-102 if the court finds that a person convicted of a crime against a child
+ See more
is indigent or financially unable to pay all or any portion of the surcharge. The court may waive only that portion of the surcharge that the court finds that the person convicted of a crime against a child is financially unable to pay.
Surcharge All Felony, Misdemeanor

None given

Not provided for Not provided for Not provided for Not provided for No Not provided for
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Colorado Colo. Rev. Stat. §18-25-101(4) Restorative justice surcharge--definitions
The court may waive all or any portion of the surcharge required by subsection (1) of this section if the court finds that a person or juvenile is indigent or
+ See more
financially unable to pay all or any portion of the surcharge. The court may waive only that portion of the surcharge that the court finds that the person or juvenile is financially unable to pay.
Surcharge All All

None given

Not provided for Not provided for Not provided for Not provided for No Not provided for
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Colorado Colo. Rev. Stat. § 18-26-101(3) Statewide discovery sharing system surcharge
The court may waive all or any portion of the surcharge required by this section if the court finds that a person convicted of a crime is indigent or financially
+ See more
unable to pay all or any portion of the surcharge. The court may waive only that portion of the surcharge that the court finds that the person convicted of a crime is financially unable to pay.
Surcharge All Felony, Misdemeanor

None given

Not provided for Not provided for Not provided for Not provided for No Not provided for
Poverty Penalties and Poverty Traps
State Statute Description/Statute Name Statutory language Type of poverty penalty or poverty trap Type of financial obligation Type of court Level of offense Mandatory
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Arkansas Ark. Code Ann. § 5-26-401 Nonsupport
(d) A district court located in a county having a population in excess of two hundred thousand (200,000) inhabitants shall cause a warrant of arrest to be issued upon affidavit of
+ See more
a spouse or any person who is responsible for maintenance of a dependent child who states that nonsupport has taken place.
Incarceration Fee State, Municipal All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Arkansas Ark. Code Ann. § 5-26-413   Temporary Support Order
  At any time before a trial or pending appeal, upon motion of a complainant and upon notice to the defendant, the court may: ...(2) Punish for violation of the temporary
+ See more
support order as for contempt.
Incarceration Other State All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Arkansas Ark. Code Ann. § 5-26-414    Order for periodic payments -- Release of defendant on own recognizance (c) Failure to appear is punishable by imprisonment for not less than ten (10) days nor more than ninety (90) days and shall not be suspended Incarceration Other State All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Arkansas Ark. Code Ann. § 16-98-304(b) Cost and fees
(b)(1) The drug court judge shall establish a schedule for the payment of costs and fees. . . (7) Court orders for costs and fees shall remain an obligation of
+ See more
the offender with court monitoring until fully paid
Payment plan/installment plan Fee, Supervision fee State All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Arkansas Ark. Code Ann. § 16-98-304(b) Cost and fees
(b)(1) The drug court judge shall establish a schedule for the payment of costs and fees. . . (7) Court orders for costs and fees shall remain an obligation of
+ See more
the offender with court monitoring until fully paid
Condition or extension of supervision Fee, Supervision fee State All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Colorado Colo. Rev. Stat. § 17-10-103 Action for reimbursement of cost of care
When any person has been sentenced to confinement in a local jail or a correctional facility or to home detention or has been granted probation or has been placed on
+ See more
parole by the state board of parole and the sentencing court has not entered an order pursuant to section 18-1.3-701, C.R.S., requiring such person to pay the full cost of care incurred during such person's sentence, the state, the appropriate prosecuting attorney, the department of corrections, the judicial department, or any government agency which has incurred cost of care of such person may file an action for reimbursement for cost of care.
Increased fine Other All All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Connecticut Conn. Gen. Stat. § 54-74. Remission of fine. Not specified All All All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Connecticut Conn. Gen. Stat. § 54-151 Cost of transcript and printing on appeal. Not specified All All All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Connecticut Conn. Gen. Stat. § 54-147 Rules for payment of expenses. Waiver of fee or cost. Burden on defendant to show inability to pay All All All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Delaware Del. Code Ann. tit. 10, ? 8603 Nonpayment of costs
(e) A default in the payment of defense costs or any installment thereof may be collected by any means authorized by law for the enforcement of a judgment. The
+ See more
levy of execution for the collection of such payment shall not discharge a defendant committed for imprisonment for contempt until the full amount of the fine has actually been collected. The court shall have the power to pursue civil enforcement to obtain the money due on behalf of the State, and to also pursue criminal remedies when civil means are not effective.
Incarceration Fee State All No
Revenue Flow
State Statute Description/Statute Name Statutory language Who collects the funding Who receives the funding Other beneficiaries Type of financial obligation Type of court Level of offense
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Arkansas Ark. Code Ann. § 5-4-303  Conditions of Suspension or Probation - Attorney's Fees
 (g) (4)  (A) The assessed attorney's fee under subdivision (g)(2) of this section shall be collected by the county or city official, agency, or department designated under § 16-13-709 as primarily responsible
+ See more
for the collection of fines assessed in a circuit court or district court of this state.  (B) On or before the tenth day of each month, the county or city official, agency, or department described in subdivision (g)(4)(A) of this section shall remit any assessed attorney's fee collected to the Arkansas Public Defender Commission on a form provided by the commission. (C) The commission shall deposit the money collected into a separate account within the State Central Services Fund to be known as "Public Defender Attorney Fees" to be used solely to defray costs for the commission.
County State/statewide agency No Fee State, Municipal All
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Arkansas Ark. Code Ann. § 5-4-205 Restitution
(6) (A) A judgment shall require payment to the Department of Community Correction. (B) The department shall provide for supervision and disbursement of funds
+ See more
under subdivision (g)(6)(A) of this section by the department's authorized economic sanction officers.
State/statewide agency Private actors No Restitution State, Municipal All
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Arkansas Ark. Code Ann. § 5-4-703   Additional fine -- Offense committed against a child or in the presence of a child
(b) (1) A fine assessed and collected under this section shall be remitted on or before the fifteenth day of the following month to the Arkansas Children's Advocacy Center
+ See more
Fund. (2) A form identifying the amount of fines assessed under this section shall be transmitted with the collected fines.
All courts State/statewide agency No Fine State, Municipal All
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Arkansas Ark. Code Ann. § 5-4-910   Disposition of Court Costs and User Fees
(a) All court costs and pre-adjudication probation program user fees assessed by the pre-adjudication probation program judge shall be paid to the circuit court clerk for remittance to the county
+ See more
treasury under § 14-14-1313.(b) The county treasurer shall credit all court costs received under this section to the county administration of justice fund to be distributed under § 16-10-307. (c) The county treasurer shall credit all pre-adjudication probation program user fees received under this section to a fund known as the county pre-adjudication probation program fund and appropriated by the quorum court for the benefit and administration of the pre-adjudication probation program.
All courts County Administration of Justice Fund, Pre-Adjudication Probation Program Fund Fee State, Municipal All
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Arkansas Ark. Code Ann. § 5-26-310   Costs
(c) (1) Upon entering a plea of guilty or nolo contendere or being found guilty, a defendant violating §§ 5-26-303 -- 5-26-305 or §§ 5-26-307 -- 5-26-309 may be
+ See more
required to reimburse any abuse shelter or other entity providing a service to the victim under a provision of the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq., if some proof of expense is provided in conjunction with the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq. (2) (A) If the defendant maintains the home in which the abuse occurred and the victim will continue to incur lodging costs, the defendant may be ordered to continue to provide remuneration for the victim's lodging under a provision of the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq., until an action is commenced in a court of competent jurisdiction.
Private actors Private actors Victims of domestic violence Restitution State, Municipal All
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Arkansas Ark. Code Ann. § 5-26-412   Payment of fine to spouse or guardian  When a fine is imposed a court may direct that it be paid in whole or in part to a spouse or to a guardian or custodian of a child. All courts Private actors Beneficiaries of support orders. Fee State, Municipal All
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Arkansas Ark. Code Ann. § 5-26-414   Order for periodic payments -- Release of defendant on own recognizance
(a) In its discretion, the original trial court may: (1) Order a defendant who violates § 5-26-401 to pay a certain sum periodically, for a time not to
+ See more
exceed one (1) year, to the spouse or to the guardian or custodian of a child; and (2) Release the defendant from custody upon the defendant's entering a recognizance, with or without sureties, in such sum as the original trial court may direct.
All courts Private actors Beneficiaries of support orders. Other State All
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Arkansas Ark. Code Ann. § 5-55-107   Restitution
(a) In addition to any other fine that may be levied under § 5-4-201, any person found guilty of Medicaid fraud as described in this subchapter is required to:
+ See more
(1) Make full restitution to the Department of Human Services; and
All courts State/statewide agency Arkansas Department of Human Services Restitution State, Municipal All
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Arkansas Ark. Code Ann. § 5-55-107   Restitution
(a)(2) (A) Pay a mandatory fine in the amount of three (3) times the amount of all payments judicially found to have been illegally received from the Arkansas Medicaid
+ See more
Program or its fiscal agents. (B) The mandatory fine shall be credited to the general revenues of the State of Arkansas.
All courts State/statewide agency State general revenues Fine State, Municipal All
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Arkansas Ark. Code Ann. § 5-55-107   Restitution
(b) (1) In addition to any other fine mandated by this subchapter or that may be levied under § 5-4-201, any person found guilty of Medicaid fraud as described
+ See more
in this subchapter may be required to pay a fine into the State Treasury in any amount up to three thousand dollars ($3,000) for each claim judicially found to be fraudulently submitted to the Arkansas Medicaid Program or its fiscal agents. (2) A fine under subdivision (b)(1) of this section shall be credited to the general revenues of the State of Arkansas.
All courts State/statewide agency State general revenues Fine State, Municipal All
Transparency
State Statute Description/Statute Name Statutory language Type of obligation Actor
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Colorado Colo. Rev. Stat. §17-1-113(4)(e); Colo. Rev. Stat. §17-1-113(5) Inmate copays
(e) The information to be obtained by department personnel at the time of the inmate's medical, dental, mental health, or optometric visit on a standardized department form, including the inmate's
+ See more
name, the inmate's identification number, the amount of the copayment assessed, if any, the reason for the visit, the type of service rendered, and the basis for any waiver of the copayment (5) The department shall monitor the information collected pursuant to paragraph (e) of subsection (4) of this section to ensure that the copayment procedures are being applied consistently to all inmate
Obligation to collect or record State/statewide agency
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Florida Fla. Stat. §794.055(3)(c) Access to services for victims of sexual battery
The department shall ensure that funds allocated under this section are expended in a manner that is consistent with the requirements of this section. The department may require an annual
+ See more
audit of the expenditures and shall provide a report to the Legislature by February 1 of each year.
Obligation to report/conduct analysis State/statewide agency
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Florida Fla. Stat. §828.27(6) Local animal control or cruelty ordinances; penalty
The governing body of a county or municipality may require mandatory court appearances for certain aggravated violations of a local ordinance resulting in the unprovoked biting, attacking, or wounding of
+ See more
a domestic animal; violations resulting in the destruction or loss of personal property; second or subsequent violations of local animal cruelty laws; or violations resulting in the issuance of a third or subsequent citation to a person. The citation must clearly inform the person of the mandatory court appearance. The governing body of the county or municipality shall maintain records to prove the number of citations issued to the person. Persons required to appear in court do not have the option of paying the fine instead of appearing in court.
Obligation to collect or record Local jurisdiction
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Florida Fla. Stat. §938.19(5) Teen courts
A teen court must account for all funds received under this section in a written report to the board of county commissioners. The report must be given to the commissioners
+ See more
by August 1 of each year or by a date required by the commissioners.
Obligation to report/conduct analysis Municipal court
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Florida Fla. Stat. §939.185(1)(a) Assessment of additional court costs and surcharges
Each county receiving funds under this section shall report the amount of funds collected pursuant to this section and an itemized list of expenditures for all authorized programs and activities.
+ See more
The report shall be submitted in a format developed by the Supreme Court to the Governor, the Chief Financial Officer, the President of the Senate, and the Speaker of the House of Representatives on a quarterly basis beginning with the quarter ending September 30, 2004. Quarterly reports shall be submitted no later than 30 days after the end of the quarter. Any unspent funds at the close of the county fiscal year allocated under subparagraphs 2., 3., and 4., shall be transferred for use pursuant to subparagraph 1.
Obligation to report/conduct analysis County
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Florida Fla. Stat. §316.1937(2)(b) Ignition interlock devices, requiring; unlawful acts
(2) If the court imposes the use of an ignition interlock device, the court shall:(a) Stipulate on the record the requirement for, and the period of, the use of a
+ See more
certified ignition interlock device. (b) Order that the records of the department reflect such requirement. (c) Order that an ignition interlock device be installed, as the court may determine necessary, on any vehicle owned or operated by the person. (d) Determine the person’s ability to pay for installation of the device if the person claims inability to pay. If the court determines that the person is unable to pay for installation of the device, the court may order that any portion of a fine paid by the person for a violation of s. 316.193 shall be allocated to defray the costs of installing the device. (e) Require proof of installation of the device and periodic reporting to the department for verification of the operation of the device in the person’s vehicle.
Obligation to collect or record Department of Motor Vehicles
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Florida Fla. Stat. §985.039(10) Cost of supervision; cost of care
The department or the collection agency shall provide to the payor documentation of the payment of any fee paid pursuant to this section. Except as provided in subsection (9), all
+ See more
payments received by the department or the collection agency pursuant to this section shall be deposited in the department’s Grants and Donations Trust Fund.
Obligation to respond to public records requests State/statewide agency
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Florida Fla. Stat. §938.15(2) Criminal justice education for local government
The Criminal Justice Standards and Training Commission may inspect and copy the documentation of independent audits conducted of the municipalities and counties which make such assessments to ensure that such
+ See more
assessments have been made and that expenditures are in conformance with the requirements of this subsection and with other applicable procedures.
Obligation to report/conduct analysis State/statewide agency
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Florida Fla. Stat. §28.24 Service charges The clerk of the circuit court shall charge for services rendered manually or electronically by the clerk’s office in recording documents and instruments and in performing other specified duties. Obligation to collect or record Clerk
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Georgia Ga. Code Ann. § 15-11-37(b)(2) Supervision fees The funds in which supervision fees are deposited shall be administered by the county and the court may draw upon them by submitting invoices to the county. Obligation to report/conduct analysis State courts
Structure of Courts
State Statute Description/Statute Name Statutory language Court/legal body Type of court Function Funding
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Jersey N.J. Stat. Ann. § 2B:12-1; N.J. Stat. Ann. § 2B:12-17 Municipal court jurisdiction
A municipal court has jurisdiction over the following cases within the territorial jurisdiction of the court: a. Violations of county or municipal ordinances; b. Violations of the motor vehicle and
+ See more
traffic laws; c. Disorderly persons offenses, petty disorderly persons offenses and other non-indictable offenses except where exclusive jurisdiction is given to the Superior Court; d. Violations of the fish and game laws; e. Proceedings to collect a penalty where jurisdiction is granted by statute; f. Violations of laws regulating boating; and g. Any other proceedings where jurisdiction is granted by statute; A municipal court has jurisdiction over the following cases within the territorial jurisdiction of the court: a. Violations of county or municipal ordinances; b. Violations of the motor vehicle and traffic laws; c. Disorderly persons offenses, petty disorderly persons offenses and other non-indictable offenses except where exclusive jurisdiction is given to the Superior Court; d. Violations of the fish and game laws; e. Proceedings to collect a penalty where jurisdiction is granted by statute; f. Violations of laws regulating boating; and g. Any other proceedings where jurisdiction is granted by statute.
Municipal court Jurisdiction of the courts State and locally funded
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Jersey N.J. Const. art. VI, § 3 State superior court jurisdiction
The Superior Court shall consist of such number of judges as may be authorized by law, each of whom shall exercise the powers of the court subject to rules of the
+ See more
Supreme Court. The Superior Court shall at all times consist of at least two judges who shall be assigned to sit in each of the counties of this State, and who are resident therein at the time of appointment and reappointment. The Superior Court shall have original general jurisdiction throughout the State in all causes
State court Jurisdiction of the courts State and locally funded
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Jersey N.J. Const. art. VI, § 3 appellate court jurisdiction
The Superior Court shall be divided into an Appellate Division, a Law Division, and a Chancery Division, which shall include a family part. Each division shall have such other parts, consist of
+ See more
such number of judges, and hear such causes, as may be provided by rules of the Supreme Court. At least two judges of the Superior Court shall at all times be assigned to sit in each of the counties of the State, who at the time of their appointment and reappointment were residents of that county provided, however, that the number of judges required to reside in the county wherein they sit shall be at least equal in number to the number of judges of the county court sitting in each of the counties at the adoption of this amendment.
State court Jurisdiction of the courts State funded
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Jersey N.J. Const. art. VI, § 1 Supreme Court jurisdiction
The judicial power shall be vested in a Supreme Court, a Superior Court, and other courts of limited jurisdiction. The other courts and their jurisdiction may from time to time
+ See more
be established, altered or abolished by law.
State court Jurisdiction of the courts State funded
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Alabama Ala.Code 1975 § 12-2-7 Supreme court - jurisdiction
(1) To exercise appellate jurisdiction coextensive with the state, under such restrictions and regulations as are prescribed by law; but, in deciding appeals, no weight shall be given the decision
+ See more
of the trial judge upon the facts where the evidence is not taken orally before the judge, but in such cases the Supreme Court shall weigh the evidence and give judgment as it deems just.(2) To exercise original jurisdiction in the issue and determination of writs of quo warranto and mandamus in relation to matters in which no other court has jurisdiction. (3) To issue writs of injunction, habeas corpus, and such other remedial and original writs as are necessary to give to it a general superintendence and control of courts of inferior jurisdiction. (4) To make and promulgate rules governing the administration of all courts and rules governing practice and procedure in all courts; provided, that such rules shall not abridge, enlarge, or modify the substantive right of any party nor affect the jurisdiction of circuit and district courts or venue of actions therein; and provided further, that the right of trial by jury as at common law and declared by Section 11 of the Constitution of Alabama of 1901 shall be preserved to the parties inviolate. (5) To punish for contempts by the infliction of a fine not exceeding $100, and imprisonment not exceeding 10 days or both. (6) To transfer to the Court of Civil Appeals, for determination by that court, any civil case appealed to the Supreme Court and within the appellate jurisdiction of the Supreme Court, except the following: a. A case that the Supreme Court determines presents a substantial question of federal or state constitutional law. b. A case that the Supreme Court determines involves a novel legal question, the resolution of which will have significant statewide impact. c. A utility rate case appealed directly to the Supreme Court under the provisions of Section 37-1-140. d. A bond validation proceeding appealed to the Supreme Court under the provisions of Section 6-6-754. e. A bar disciplinary proceeding. (7) To exercise such other powers as are or may be given to the Supreme Court by law.
State court Jurisdiction of the courts state funded
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Alabama Ala.Code 1975 § 12-3-9 Court of criminal appeals - jurisdiction
The Court of Criminal Appeals shall have exclusive appellate jurisdiction of all misdemeanors, including the violation of town and city ordinances, habeas corpus and all felonies, including all post conviction
+ See more
writs in criminal cases.
State court Jurisdiction of the courts state funded
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Alabama Ala.Code 1975 § 12-11-30 Circuit court - jurisdiction
(1) CIVIL. The circuit court shall have exclusive original jurisdiction of all civil actions in which the matter in controversy exceeds ten thousand dollars ($10,000), exclusive of interest and costs,
+ See more
and shall exercise original jurisdiction concurrent with the district court in all civil actions in which the matter in controversy exceeds six thousand dollars ($6,000), exclusive of interest and costs.(2) CRIMINAL. The circuit court shall have exclusive original jurisdiction of all felony prosecutions and of misdemeanor or ordinance violations which are lesser included offenses within a felony charge or which arise from the same incident as a felony charge; except, that the district court shall have concurrent jurisdiction with the circuit court to receive pleas of guilty in felony cases not punishable by sentence of death. The circuit court may, on conviction of a defendant, upon a showing of inability to make immediate payment of fine and costs, continue the case from time to time to permit the fine and costs to be paid. (3) APPELLATE. The circuit court shall have appellate jurisdiction of civil, criminal, and juvenile cases in district court and prosecutions for ordinance violations in municipal courts, except in cases in which direct appeal to the Courts of Civil or Criminal Appeals is provided by law or rule. Appeals to the circuit court shall be tried de novo, with or without a jury, as provided by law. (4) SUPERINTENDENCE OF DISTRICT, MUNICIPAL AND PROBATE COURTS. The circuit court shall exercise a general superintendence over all district courts, municipal courts, and probate courts. (5) CONTEMPTS. The circuit court may punish contempts by fines not exceeding one hundred dollars ($100) and by imprisonment not exceeding five days. The power of the circuit court to enforce its orders and judgments by determinations of civil contempt shall be unaffected by this section. (6) GENERAL. The circuit court shall have other powers as provided by law.
State court Jurisdiction of the courts state funded
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Michigan Michigan State Constitution Article VI Sec. 10 Michigan State Constitution Article VI Sec. 10 The jurisdiction of the court of appeals shall be provided by law and the practice and procedure therein shall be prescribed by rules of the supreme court. State court Jurisdiction of the courts State funded
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Michigan Michigan State Constitution Article VI Sec. 13 Michigan State Constitution Article VI Sec. 13
The circuit court shall have original jurisdiction in all matters not prohibited by law; appellate jurisdiction from all inferior courts and tribunals except as otherwise provided by law; power to
+ See more
issue, hear and determine prerogative and remedial writs; supervisory and general control over inferior courts and tribunals within their respective jurisdictions in accordance with rules of the supreme court; and jurisdiction of other cases and matters as provided by rules of the supreme court.
State court Jurisdiction of the courts State funded
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Michigan Michigan State Constitution Article VI Sec. 15 Michigan State Constitution Article VI Sec. 15
In each county organized for judicial purposes there shall be a probate court. The legislature may create or alter probate court districts of more than one county if approved in
+ See more
each affected county by a majority of the electors voting on the question. The legislature may provide for the combination of the office of probate judge with any judicial office of limited jurisdiction within a county with supplemental salary as provided by law. The jurisdiction, powers and duties of the probate court and of the judges thereof shall be provided by law. They shall have original jurisdiction in all cases of juvenile delinquents and dependents, except as otherwise provided by law.
County court Jurisdiction of the courts State and locally funded
Collections Infrastructure
State Statute Description/Statute Name Statutory language Who may collect
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Jersey N.J. Stat. Ann. § 2A:158A-19 Collection by public defenders
The Public Defender in the name of the State shall do all things necessary and proper to collect all moneys due to the State by way of reimbursement for services
+ See more
rendered pursuant to this act. He may enter into arrangements with one or more agencies of the State, including the comprehensive enforcement program established pursuant to the provisions of P.L.1995, c. 9 (C.2B:19-1 et seq.) or of the counties to handle said collections on a cost basis to the extent that such arrangements are calculated to simplify collection procedures. He shall have all the remedies and may take all of the proceedings for the collection thereof which may be had or taken for or upon the recovery of a judgment in a civil action and may institute and maintain any action or proceeding in the courts necessary therefor. In any such proceedings or action, the defendant may contest the value of the service rendered by the Public Defender.
Other
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Jersey N.J. Stat. Ann. § 2C:46-4 Collection by supervision agency
All fines, assessments imposed pursuant to section 2 of P.L.1979, c. 396 (C.2C:43-3.1), all penalties imposed pursuant to section 1 of P.L.1999, c. 295 (C.2C:43-3.5), all penalties imposed pursuant to section 11
+ See more
of P.L.2001, c. 81 (C.2C:43-3.6), all penalties imposed pursuant to section 1 of P.L.2005, c. 73 (C.2C:14-10), all penalties imposed pursuant to section 1 of P.L.2009, c. 143 (C.2C:43-3.8), all penalties imposed pursuant to section 7 of P.L.2013, c. 214 (C.30:4-123.97) and restitution imposed by the Superior Court or otherwise imposed at the county level, shall be collected by the county probation division except when such fine, assessment or restitution is imposed in conjunction with a custodial sentence to a State correctional facility or in conjunction with a term of incarceration imposed pursuant to section 25 of P.L.1982, c. 77 (C.2A:4A-44) in which event such fine, assessment or restitution shall be collected by the Department of Corrections or the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c. 284 (C.52:17B-170).
Supervision agency
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Jersey N.J. Stat. Ann. § 2C:46-4 Collection by municipal court
All fines, assessments imposed pursuant to section 2 of P.L.1979, c. 396 (C.2C:43-3.1), any penalty imposed pursuant to section 1 of P.L.1999, c. 295 (C.2C:43-3.5) and restitution imposed by a
+ See more
municipal court shall be collected by the municipal court administrator except if such fine, assessments imposed pursuant to section 2 of P.L.1979, c. 396 (C.2C:43-3.1), or restitution is ordered as a condition of probation in which event it shall be collected by the county probation division.
Municipal court
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Michigan Mich. Comp. Laws § 600.4841 Collections;  payment to county treasurer
(1) All officers or other persons who collect or receive any moneys on account of any penalty shall pay over the same to the county treasurer on or before the
+ See more
last day of the month following. (2) Upon learning that any person has neglected to pay over such moneys within such time, the county treasurer shall proceed in the circuit court for the county to collect such moneys.
All
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Michigan Mich. Comp. Laws § 12.133 Agreement;  provisions
An agreement entered into under this act shall provide for at least all of the following: (a) Assignment to the state for collection by the department of amounts that have been
+ See more
due and owing the court for not less than 180 days, including, but not limited to, any or all of the following: (i) Fees, including reinstatement fees. (ii) Fines. (iii) Forfeitures. (iv) Penalties and costs assessed for criminal offenses, including the costs of prosecution and providing court-ordered legal assistance to the defendant. (v) Penalties and costs assessed for civil infractions, civil violations, and parking violations. (vi) Penalties and costs assessed for ordinance violations. (vii) Forfeited recognizances. (viii) Late penalties assessed pursuant to section 4803 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being section 600.4803 of the Michigan Compiled Laws. (b) Provision of the information necessary for the department to identify, locate, and collect delinquent accounts. (c) Accounting for, settlement of, and transmission to the court of money collected pursuant to the agreement. (d) Collection of a fee by the state treasurer to recoup costs associated with the collection services.
State/statewide agency
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Hampshire N.H. Rev. Stat. Ann. § 616:4 Right of Town
If part of a penalty or forfeiture is payable to a town, corporation or board of public officers, they shall have the same rights in relation to such action and
+ See more
penalty as the county has in the cases aforesaid.
Municipal court
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Hampshire N.H. Rev. Stat. Ann. § 616:1 Jurisdiction
Any penalty or forfeiture of money may be recovered by action of debt before a justice if it does not exceed $13.33, before a municipal court if it does not
+ See more
exceed $100, and before the superior court in other cases.
All courts
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Hampshire N.H. Rev. Stat. Ann. § 616:5 Powers of Selectmen
Whenever a penalty or forfeiture or any part thereof is given to a town, the selectmen may sue therefor in the name of the town, shall defray the expenses of
+ See more
the action and may remit the penalty or forfeiture.
Other
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Hampshire N.H. Rev. Stat. § 504-A:12 Powers and Duties of Probation or Parole Officers
The powers and duties of probation or parole officers shall be:
+ See more
VI. To collect or to supervise the collection of any fees, fines, or restitution payments ordered and to administratively process these funds under rules adopted under RSA 541-A by the commissioner.
Supervision agency
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Hampshire N.H. Rev. Stat. § 604-A:9(VII) Repayment
The commissioner of administrative services, with the approval of governor and council, is authorized to enter into contracts to secure the repayment of fees and expenses paid by the state
+ See more
as provided for in this section. Any person or entity with whom the commissioner so contracts may bring any legal or equitable action authorized by law, including any petition authorized by this section, to secure an order for repayment, or repayment pursuant to any order, of fees and expenses paid by the state which are recoverable by the state under this section. The contract or contracts authorized by this paragraph may include provisions by which the contractor may, as consideration in whole or in part for services, receive a percentage of the amounts recovered on behalf of the state.
Private actors
Court Rules
State Citation Description/Statute Name Language from the rule When does the rule apply?
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Rhode Island $0 Child nudity prohibited in publications $15,000
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Rhode Island $0 Child pornography prohibited $5,000
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Rhode Island $0 Child pornography prohibited $5,000
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Rhode Island $0 Contributing to delinquency $500
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Rhode Island $0 Cruelty to or neglect of child $1,000
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Rhode Island $0 Child abuse - Brendan's Law $10,000
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Rhode Island $0 Child abuse - Brendan's Law $5,000
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Rhode Island $0 Child abuse - Brendan's Law $10,000
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Rhode Island $0 Penalty for loitering on curfew street $5
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Rhode Island $0 Cigarette and tobacco vending machines $500
Case Law
State Citation Question Brief Answer Language from the opinion When does the case apply?
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Jersey State v. Bolvito, 86 A.3d 131, 139
Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof,
+ See more
the sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).
Less about protections for ability-to-pay determination, the case law has considered courts to broadly consider ability to pay
When it assesses a defendant's ability to pay, the sentencing court should look beyond the defendant's current assets and anticipated income during the period of incarceration. The Legislature did not
+ See more
impose time constraints on an SCVTF penalty. N.J.S.A. 2C:14–10. If unpaid, the penalty does not evaporate at the conclusion of the defendant's custodial sentence or his or her period of parole supervision. To the extent that a defendant's educational background and employment history may affect his or her potential to achieve post-incarceration employment and a steady income, such factors may be relevant to the inquiry. For purposes of the sentencing court's determination, a defendant's ability to pay should not be measured only by current circumstances, but assessed over the long term
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Jersey Pasqua v. Council, 186 N.J. 127, 148, (NJ 2006) abrogated by Turner v. Rogers, 564 U.S. 431 (2011) Are there limits to the state’s ability to recoup fees for counsel under the state constitution? an indigent facing loss of motor vehicle privileges or a substantial fine in municipal court is entitled to counsel
In addition, without referencing our State Constitution, we held in Rodriguez v. Rosenblatt that “as a matter of simple justice, no indigent defendant should be subjected to a conviction entailing
+ See more
imprisonment in fact or other consequence of magnitude without first having had due and fair opportunity to have counsel assigned without cost.” 58 N.J. 281, 295, 277 A.2d 216 (1971); see also R. 7:3–2(b) (“If the court is satisfied that the defendant is indigent and that the defendant faces a consequence of magnitude ..., the court shall assign the municipal public defender to represent the defendant.”). In Rodriguez, we considered “the substantial loss of driving privileges” as one type of “serious consequence” that would warrant assigning counsel to an indigent defendant. 58 N.J. at 295, 277 A.2d 216. We acknowledged “[t]he importance of counsel in an accusatorial system,” underscoring that in a case with “any complexities[,] the untrained defendant is in no position to defend himself,” and that in a case without “complexities, his lack of legal representation may place him at a disadvantage.” ...We can find no principled reason why an indigent facing loss of motor vehicle privileges or a substantial fine in municipal court, termination of parental rights in family court, or tier classification in a Megan's Law proceeding would be entitled to counsel under state law but an indigent facing jail for allegedly willfully refusing to pay a child support judgment would not. Moreover, the indigent subject to incarceration for failure to pay support can hardly be distinguished from the indigent conferred with the right to counsel in an involuntary civil commitment hearing. We are persuaded that the due process guarantee of the New Jersey Constitution compels the assignment of counsel to indigent parents who are at risk of incarceration at child support enforcement hearings.
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Jersey State v. De Bonis, 58 N.J. 182, 190 (1971) Other applicable caselaw defendants are allowed to pay fines in installments
As we have said, there has been no bar to installment payments. The matter has rested in the court's discretion. The question now before us is whether the Federal Constitution
+ See more
requires an opportunity to pay a fine in installments. 
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Michigan People v. Jackson, 483 Mich. 271, 769 N.W.2d 630 (2009)
Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof,
+ See more
the sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).
Defendant is not entitled to an assessment of ability to pay fee for court-appointed attorney until the imposition of the fee is enforced
Indeed, whenever a trial court attempts to enforce its imposition of a fee for a court-appointed attorney under MCL 769.1k, the defendant must be advised of this enforcement action and
+ See more
be given an opportunity to contest the enforcement on the basis of his indigency. Thus, trial courts should not entertain defendants' ability-to-pay-based challenges to the imposition of fees until enforcement of that imposition has begun. . . . The operative question for any such evaluation will be whether a defendant **643 is indigent and unable to pay at that time or whether forced payment would work a manifest hardship on the defendant at that time.
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Michigan People v. Cunningham, 496 Mich. 145, 147, 852 N.W.2d 118, 120 (2014) Imposing costs beyond those specified in statute
The authority to impose criminal costs is statutory. Statute stating that if defendant is guilty, court may impose any cost in addition to the minimum state cost, does not provide
+ See more
courts with the independent authority to impose any costs upon defendants, and instead, statute provides courts with authority to impose only those costs that the Legislature has separately authorized by statute.
“The right of the court to impose costs in a criminal case is statutory.” . . . . Thus, courts may impose costs in criminal cases only where such costs
+ See more
are authorized by statute. In a variety of circumstances, the Legislature has chosen to provide courts with the authority to impose costs. For instance, with regard to certain offenses, courts may require criminal defendants to pay the “costs of prosecution.” . . . we conclude that MCL 769.1k (1)(b)(ii ) does not provide courts with the independent authority to impose “any cost.” Instead, we hold that MCL 769.1k(1)(b)(ii ) provides courts with the authority to impose only those costs that the Legislature has separately authorized by statute.
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Hampshire State v. Haas, 155 N.H. 612, 613–14, 927 A.2d 1209, 1210 (2007) Are there limits to the state’s ability to recoup fees for counsel under the state constitution? Statute requiring defendant to reimburse State for costs of his legal representation did not violate constitutional right to substantive due process
The purpose of the statute is to require that those who are financially able to do so, pay for a service that they received from the State. There is nothing
+ See more
illegitimate in the governmental interest in recouping costs expended for public defense whether or not the defendant is convicted. Moreover, the statutory scheme under RSA 604-A:9 is rationally related to this purpose in that it inquires into a defendant's *614 ability to pay and outlines procedures for recoupment orders, collection and appeal of such orders.
Fines and fees
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Hampshire State v. Fowlie, 138 N.H. 234, 236–37, 636 A.2d 1037, 1039 (1994) Other applicable case law If the defendant then demonstrates sufficient bona fide efforts to repay his debt, alternatives to imprisonment must be considered by the court before probation may be revoked and imprisonment ordered
We held in Wallace that in a criminal contempt proceeding where a defendant introduces evidence of inability to pay, the State must prove beyond a reasonable doubt the defendant's intentional
+ See more
noncompliance with the court's order. Probation violation, however, is not a criminal offense, and revocation requires only a finding, by a preponderance of the evidence, of misplaced trust. . . The State's initial burden when, as here, it brings a petition, is to show that the defendant did not meet a condition of his sentence, in this case, the payment of restitution. The court then “must inquire into the reasons for the failure to pay.” Bearden, 461 U.S. at 672, 103 S.Ct. at 2072. If the defendant then “demonstrate[s] sufficient bona fide efforts to repay his debt,” id. at 671, 103 S.Ct. at 2072, alternatives to imprisonment must be considered by the court before probation may be revoked and imprisonment ordered. Id. at 672, 103 S.Ct. at 2072.
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Ohio State v. Meyer, 124 Ohio App. 3d 373, 377 (1997)
Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof,
+ See more
the sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).
An ability-to-pay hearing is not required when a fine is merely imposed. Rather, it is only required when the trial court decides to incarcerate the defendant for failure to pay.
+ See more
Defendant is entitled to representation and an opportunity to present evidence.
We hold, therefore, that R.C. 2947.14(A) did not require a hearing in the present case because the trial court merely imposed a fine. Because the trial court has not yet
+ See more
sought to enforce the fine with incarceration, the duty to hold a hearing under R.C. 2947.14(A) is not triggered. We note, further, that payment of the fine in this case was technically a condition of Meyer's probation, and therefore, should he be unable to pay and his probation sought to be revoked, he is entitled to a hearing under Crim.R. 32.3. In either case, the hearing requirement is conditioned upon the trial court's decision to incarcerate him.
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Ohio State ex rel. Hague v. Ashtabula Cty. Bd. of Commrs., 2009-Ohio-6140, ¶ 18, 123 Ohio St. 3d 489, 493 (Ohio 2009) Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue? No. In fact, one case found that county commissioners violated the separation-of-powers doctrine for not funding courts when the court could not collect enough revenue from cases
"The board and commissioners claim that they have rebutted the presumed reasonableness of the requesting funding because Judge Hague failed to make sufficient operational changes to reduce the courts' budget,
+ See more
failed to cooperate with the budget process in a timely manner, and has sufficient money to operate the courts for the remainder of 2009. These claims lack merit. For the board's claim that the judge failed to timely pursue various alternatives for reducing costs, Judge Hague submitted evidence that the majority of juveniles appearing before the juvenile court are indigent and that an increase in court fees and costs would simply increase unpaid sums instead of increasing county revenue."
Revenue flow
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Ohio no
Under state constitutional or statutory law, under what circumstances will the imposition or enforcement of fees or fines create conflicts of interest for courts, police departments, probation departments, or other
+ See more
law enforcement agencies?
Ohio Courts have not addressed this question no
Attorney General Opinions
State Citation Description/Statute Name Question Brief answer Language from the opinion When does the case apply?
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Michigan Mich. Op. Att'y Gen. (1998) Opinion No. 6995 Michigan-Attorney General opinion Other applicable opinions
A prosecutor is not authorized by law to require a criminal defendant to pay costs as a condition for reducing or dismissing criminal charges pending against the defendant. A court
+ See more
may, however, when sentencing a convicted defendant, impose such costs as are permitted by statute, including those permissible costs agreed to between the prosecutor and the defendant as part of a plea bargain.
Criminal prosecutions are governed by the Michigan Code of Criminal Procedure (Code), 1927 PA 175, MCL 760.1 et seq; MSA 28.841 et seq. The Code, at Chapter XI, MCL 771.1
+ See more
et seq; MSA 28.1131 et seq, authorizes the imposition of costs in criminal cases. If a defendant has been found guilty, and if it appears to the satisfaction of the court that the defendant is an appropriate candidate, the court may place the defendant on probation. Section 1. As a condition of probation, the court may require the defendant to pay costs. Section 3(2)(c). Such costs, however, are limited to expenses specifically incurred in prosecuting the defendant, in providing legal assistance to the defendant, and in providing probation supervision of the defendant. Section 3(4).
Fines and fees
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Michigan Mich. Op. Att'y Gen. (2008) Opinion No. 7217 Michigan-Attorney General opinion The use of funds from criminal fines and assessments are restricted by provisions of the Michigan State Constitution.
However, the Legislature should be aware of the limitations imposed by Const 1963, art 8, § 9, which requires that fines assessed for any breach of the penal laws be
+ See more
used to support libraries. If excess revenue in the Crime Victim's Rights Fund is used for purposes other than to enforce and pay for the crime victim rights enumerated in art 1, § 24, the use could face scrutiny to determine if the assessments conflict with art 8, § 9 or other constitutional provisions. . . . Therefore, to the extent that the Legislature intends to authorize uses of the Fund to pay for the constitutionally enumerated crime victim's rights, it must consider whether each proposed use is within the language of art 1, § 24, given the principles of constitutional construction that guide the Court.
Fines and fees
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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
+ See more
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
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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
+ See more
collected by private vendors
Transparency
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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
+ See more
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
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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.,
+ See more
The Supreme Court of Ohio, Office of Judicial Services, Collection of Fines and Court Costs (2014)
Revenue flow
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Wyoming 1980 Wyo. Att'y Gen. Op. No. 80-09 (May 29, 1980) Opinion No. 80-09 (1980) What authority do county or municipal courts have to set fines or fees?
A municipality may adopt an ordinance providing for a lesser penalty than that provided for by the statutory code, which provides for mandatory jail sentence of one day for any
+ See more
person convicted of driving or being in control of a motor vehicle while under the influence of intoxicating liquor, etc.
There are cases which hold that municipalities may not enact their own penalties; and cases which hold to the contrary. The differences between the cases appear to turn on a
+ See more
combination of factors. In arriving at these diverse results, courts have recognized the following distinctions: felonies or misdemeanors; the presence or absence of home rule; the presence or absence of express municipal authority; and the presence or absence of clear and express language indicating state preemption. For the reasons hereafter stated, we conclude that municipalities may enact their own penalties for the crime of DWUI. Although some may believe the result anomalous, we find merit in the argument that had the legislature intended to impose mandatory jail sentences on our cities and towns, it would have done so by simple, clear, and express language. Municipalities have express powers to govern themselves and to regulate local affairs. Municipalities have been granted express power to regulate the use of streets by the legislature. Clear and express limitation of the power to regulate the use of streets does not appear in the statutes; nor has the legislature clearly and expressly indicated its desire to gain exclusive jurisdiction over DWUI in W.S. 31-5-233 (1977) or in Senate Enrolled Act No. 32. The provision of a lesser penalty in a municipal ordinance does [*12] not create conflict with a state law on the same subject, provided the crimes are of a similar class. Therefore, municipalities may regulate DWUI by passing ordinances with lesser penalties than provided by Senate Enrolled Act No. 32.
Fines and fees