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State | Statute | Description/Statute Name | Statutory language | Amount | Level of offense | Mandatory | Imposed by | Delegation of authority | |
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Mississippi | Miss. Code Ann. § 63-21-16 (10) | Penalties for noncompliance with statute or regulations by institutions | may impose a penalty of Twenty-five Dollars ($ 25.00) for each instance of noncompliance | $25 | Misdemeanor | No | Court | no |
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Mississippi | Miss. Code Ann. § 97-1-1 (1)(h) | Conspiracy |
such persons, and each of them, shall be guilty of a felony and upon conviction may be punished by a fine of not more than Five Thousand Dollars ($ 5,000.00) + See moreor by imprisonment for not more than five (5) years, or by both.
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$0 - $5000 | Felony | No | Court | no |
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Mississippi | Miss. Code Ann. § 97-1-1 (3) | Conspiracy to commit capital murder or violate Uniform Controlled Substances Law |
the offense shall be punishable by a fine of not more than Five Hundred Thousand Dollars ($ 500,000.00) or by imprisonment for not more than twenty (20) years, or by + See moreboth.
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$0 - $500000 | Felony | No | Court | no |
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Mississippi | Miss. Code Ann. § 97-1-6 | Directing or causing felony to be committed by person under age of seventeen years |
shall be guilty of a felony and upon conviction shall be fined not more than Ten Thousand Dollars ($ 10,000.00) or imprisoned for not more than twenty (20) years, or + See moreboth.
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$0 - $10000 | Felony | No | Court | no |
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Mississippi | Miss. Code Ann. § 97-3-4 (4) | Failed abortion; unlawful for physician to intentionally allow or cause living child to die; care of living child mandated; penalties |
Any person who violates this section shall be guilty of a felony and, upon conviction, be imprisoned for not less than one (1) year nor more than ten (10) years + See morein the State Penitentiary and fined not more than Fifty Thousand Dollars ($ 50,000.00) but not less than Twenty-five Thousand Dollars ($ 25,000.00)
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$25000 - $50000 | Felony | Yes | Court | no |
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Mississippi | Miss. Code Ann. § 97-3-5 | Abortion; advertisement, sale or gift of drugs or instruments |
shall be punished by fine not less than twenty-five dollars ($ 25.00) nor more than two hundred dollars ($ 200.00), and by imprisonment in the county jail not exceeding three + See more(3) months.
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$25 - $200 | Misdemeanor | Yes | Court | no |
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Mississippi | Miss. Code Ann. § 97-3-7 (1)(a) | Simple Assault |
upon conviction, he shall be punished by a fine of not more than Five Hundred Dollars ($ 500.00) or by imprisonment in the county jail for not more than six + See more(6) months, or both
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$0 - $500 | Felony | No | Court | no |
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Mississippi | Miss. Code Ann. § 97-3-7 (1)(b) | Simple Assault of persons listed in subsection (14) | shall be punished by a fine of not more than One Thousand Dollars ($ 1,000.00) or by imprisonment for not more than five (5) years, or both. | $0 - $1000 | Felony | No | Court | no |
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Mississippi | Miss. Code Ann. § 97-3-7 (2)(a) | Aggravated Assault | shall be punished by a fine of not more than Five Thousand Dollars ($ 5,000.00) or by imprisonment for not more than thirty (30) years, or both | $0 - $5000 | Felony | No | Court | no |
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Mississippi | Miss. Code Ann. § 97-3-7 (2)(b) | Aggravated Assault of persons listed in subsection (14) | shall be punished by a fine of not more than Five Thousand Dollars ($ 5,000.00) or by imprisonment for not more than thirty (30) years, or both. | $0 - $5000 | Felony | No | Court | no |
State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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Mississippi | Miss. Code Ann. § 99-19-20 (2) | Incarceration |
The defendant may be imprisoned until the fine is paid if the defendant is financially able to pay a fine and the court so finds, subject to the limitations hereinafter + See moreset out.
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Incarceration | All | No |
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Mississippi | Miss. Code Ann. § 63-1-53 (1) | Driver's license suspension |
Upon failure of any person to respond timely and properly to a summons or citation charging such person with any violation of this title, or upon failure of any person + See moreto pay timely any fine, fee or assessment levied as a result of any violation of this title, the clerk of the court shall give written notice to such person by United States first-class mail at his last known address advising such person that, if within ten (10) days after such notice is deposited in the mail, the person has not properly responded to the summons or citation or has not paid the entire amount of all fines, fees and assessments levied, then the court will give notice thereof to the Commissioner of Public Safety and the commissioner may suspend the driver's license of such person.
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Driver's license suspension/impoundment | Traffic | No |
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Mississippi | Miss. Code Ann. § 99-19-20 (1) | Fines; payment; indigent defendants; inability to work or unavailability of work |
When any court sentences a defendant to pay a fine, the court may order (a) that the fine be paid immediately, or (b) that the fine be paid in installments + See moreto the clerk of said court or to the judge, if there be no clerk, or (c) that payment of the fine be a condition of probation, or (d) that the defendant be required to work on public property for public benefit under the direction of the sheriff for a specific number of hours, or (e) any combination of the above.
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Payment plan/installment plan | All | No |
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Mississippi | Miss. Code Ann. § 99-19-20 (1) | Fines; payment; indigent defendants; inability to work or unavailability of work |
When any court sentences a defendant to pay a fine, the court may order (a) that the fine be paid immediately, or (b) that the fine be paid in installments + See moreto the clerk of said court or to the judge, if there be no clerk, or (c) that payment of the fine be a condition of probation, or (d) that the defendant be required to work on public property for public benefit under the direction of the sheriff for a specific number of hours, or (e) any combination of the above.
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Work program/jail industry program | All | No |
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Mississippi | Miss. Code Ann. § 99-37-5(1) | Payment and orders |
When a defendant is sentenced to pay a fine or costs or ordered to make restitution, the court may order payment to be made forthwith or within a specified period + See moreof time or in specified installments. If a defendant is sentenced to a term of imprisonment, an order of payment of a fine, costs or restitution shall not be enforceable during the period of imprisonment unless the court expressly finds that the defendant has assets to pay all or part of the amounts ordered at the time of sentencing.
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Payment plan/installment plan | All | No |
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Mississippi | Miss. Code Ann. § 99-37-5(2) | Payment and orders |
(2) When a defendant sentenced to pay a fine or costs or ordered to make restitution is also placed on probation or imposition or execution of sentence is suspended, the + See morecourt may make payment of the fine or costs or the making of restitution a condition of probation or suspension of sentence. Such offenders shall make restitution payments directly to the victim. As an alternative to a contempt proceeding under Sections 99-37-7 through 99-37-13, the intentional refusal to obey the restitution order or a failure by a defendant to make a good faith effort to make such restitution may be considered a violation of the defendant's probation and may be cause for revocation of his probation or suspension of sentence.
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Incarceration | All | No |
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Mississippi | Miss. Code Ann. § 99-37-5(2) | Payment and orders |
(2) When a defendant sentenced to pay a fine or costs or ordered to make restitution is also placed on probation or imposition or execution of sentence is suspended, the + See morecourt may make payment of the fine or costs or the making of restitution a condition of probation or suspension of sentence. Such offenders shall make restitution payments directly to the victim. As an alternative to a contempt proceeding under Sections 99-37-7 through 99-37-13, the intentional refusal to obey the restitution order or a failure by a defendant to make a good faith effort to make such restitution may be considered a violation of the defendant's probation and may be cause for revocation of his probation or suspension of sentence.
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Condition or extension of supervision | All | No |
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Mississippi | Miss. Code Ann. § 99-37-7(2) | Contempt for default |
(2) Unless the defendant shows that his default was not attributable to an intentional refusal to obey the order of the court or to a failure on his part to + See moremake a good faith effort to make the payment, the court may find that his default constitutes contempt and may order him committed until the fine or the restitution, or a specified part thereof, is paid.
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Incarceration | All | No |
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Mississippi | Miss. Code. Ann. § 63-1-51 | Grounds for revocation or suspension |
It shall be the duty of the court clerk, upon conviction of any person holding a license issued pursuant to this article where the penalty for a traffic violation is + See moreas much as Ten Dollars ($10.00), to mail a copy of abstract of the court record or provide an electronically or computer generated copy of abstract of the court record immediately to the commissioner at Jackson, Mississippi, showing the date of conviction, penalty, etc., so that a record of same may be made by the Department of Public Safety. The commissioner shall forthwith revoke the license of any person for a period of one (1) year upon receiving a duly certified record of each person's convictions of any of the following offenses when such conviction has become final: . . . (f) Contempt for failure to pay a fine or fee or to respond to a summons or citation pursuant to a charge of a violation of this title.
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Driver's license suspension/impoundment | All | Yes |
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Mississippi | Miss. Code. Ann. § 47-1-3 | Working out fine, costs, sentence |
It is the imperative duty of the board of supervisors in each county in this state to require each convict sentenced to imprisonment in the county jail and the payment + See moreof a fine and costs, or to imprisonment and payment of costs, or to payment of fine and costs, to work out the sentence on the county convict farm or on the public roads or other public works of the county, or in a contiguous county, as herein provided. But any convict who is sentenced to the payment of a fine and costs and who pays such fine and costs shall thereby be relieved from working out such fine and costs, but the payment in full of such fine and costs shall not relieve such convict from working out the full time of his imprisonment as adjudged in his sentence.
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Work program/jail industry program | All | Yes |
State | Statute | Description/Statute Name | Statutory language | Level of offense | Definition of ability to pay | Timeline | Burden of proof | Method of determination | Mandatory | Remedies if unable to pay | |
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Mississippi | Miss. Code Ann. § 99-19-20 (2) | Fines; payment; indigent defendants; inability to work or unavailability of work |
The defendant shall not be imprisoned if the defendant is financially unable to pay a fine and so states to the court in writing, under oath, after sentence is pronounced, + See moreand the court so finds
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All | Not provided for | At defendant's request at enforcement | Burden on defendant to show inability to pay | Other | Yes |
work for the county |
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Mississippi | Miss. Code Ann. § 99-5-38 (8) | community service |
The court may allow a defendant to perform community service in lieu of paying the costs required by subsection (2)(b) or (c) if the court determines that the defendant is + See moreindigent.
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Felony |
indigence |
Not provided for | Not provided for | Not provided for | No |
community service |
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Mississippi | Miss. Code Ann. § 63-11-31 (7)(a) | Interlock Device Fund |
The Department of Public Safety shall promulgate rules and regulations for the use of monies in the Interlock Device Fund to offset the cost of device installation and operation by + See moreand court-ordered drug testing of indigent offenders.
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Misdemeanor |
inadequate resources to pay; participation in public assistance programs |
Not provided for | Burden on government to show ability to pay | Administrative decision | Yes |
Interlock Device Fund |
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Mississippi | Miss. Code Ann. § 47-7-49 (1) | hardship waiver |
A hardship waiver may be granted by the sentencing court or the Department of Corrections. A hardship waiver may not be granted for a period of time exceeding ninety (90) + See moredays.
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Misdemeanor |
inability to pay |
At defendant's request at enforcement | Not provided for | Not provided for | Yes |
hardship waiver |
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Mississippi | Miss. Code Ann. § 47-5-1007 (1)(a) | Waiver | The department may waive the monthly fee if the offender is a full-time student or is engaged in vocational training. | Misdemeanor |
full-time student |
Not provided for | Not provided for | Not provided for | Yes |
waiver |
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Mississippi | Miss. Code Ann. § 47-5-1007 (1)(b) | sliding scale | based on a sliding scale using the standard of need for each family that is used to calculate TANF benefits | Misdemeanor |
TANF benefits recipient |
Not provided for | Not provided for | Other | Yes |
sliding scale for payment |
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Mississippi | Miss. Code Ann. § 47-5-1013 (a) | waiver |
The sentencing judge may charge a program fee of less than Eighty-eight Dollars ($ 88.00) per month in cases of extreme financial hardship, when such judge determines that the offender's + See moreparticipation in the program would provide a benefit to his community.
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Misdemeanor |
extreme financial hardship |
Not provided for | Not provided for | Not provided for | No |
lower fee |
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Mississippi | Miss. Code Ann. § 99-37-3(2) | Imposition and amount |
In determining whether to order restitution which may be complete, partial or nominal, the court shall take into account:(a) The financial resources of the defendant and the burden that payment + See moreof restitution will impose, with due regard to the other obligations of the defendant;
(b) The ability of the defendant to pay restitution on an installment basis or on other conditions to be fixed by the court; and
(c) The rehabilitative effect on the defendant of the payment of restitution and the method of payment.
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All |
ability of defendant to pay on installment basis, financial resources of the defendant, burden of payment |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
installment plan, reduction of amount, or waiver |
State | Statute | Description/Statute Name | Statutory language | Type of obligation | Actor | |
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Mississippi | Miss. Code Ann. § 63-9-17(2)-(3) | Recording cinvictions and completion of traffic safety violator course |
(2) Unless otherwise sooner required by law, within five (5) days after the conviction of a person upon a charge of violating any law regulating the operation of vehicles on + See morethe highways, streets or roads of this state, every court in which such conviction was had shall prepare and immediately forward to the Department of Public Safety an abstract of the record of said court covering the case in which said person was so convicted, which abstract must be certified by the person so authorized to prepare the same to be true and correct.(3) Said abstract must be made upon a form approved by the Department of Public Safety, and shall include the name and address of the party charged, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment, and if the fine was satisfied by prepayment or appearance bond forfeiture, and the amount of the fine or forfeiture, as the case may be.
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Obligation to collect or record | All courts |
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Mississippi | Miss. Code Ann. § 25-61-5(1)(a) | Public access to records; redaction; maximum waiting period; explanation of delay; denials |
Except as otherwise provided by Sections 25-61-9 and 25-61-11, all public records are hereby declared to be public property, and any person shall have the right to inspect, copy or mechanically reproduce or + See moreobtain a reproduction of any public record of a public body in accordance with reasonable written procedures adopted by the public body concerning the cost, time, place and method of access, and public notice of the procedures shall be given by the public body, or, if a public body has not adopted written procedures, the right to inspect, copy or mechanically reproduce or obtain a reproduction of a public record of the public body shall be provided within one (1) working day after a written request for a public record is made. No public body shall adopt procedures which will authorize the public body to produce or deny production of a public record later than seven (7) working days from the date of the receipt of the request for the production of the record.
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Obligation to respond to public records requests | All courts |
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Mississippi | Miss. Code Ann. § 9-11-19(1) | Collection and report of charges |
It shall be the duty of every clerk of the justice court to receive and account for all fees, costs, fines and penalties charged and collected in the justice court, + See moreand, monthly to report in writing under oath, to the clerk of the board of supervisors who shall upon receipt submit such report to the board of supervisors of all such fees, costs, fines and penalties received, including cash bonds and other monies which have been forfeited in criminal cases and at least semiannually any delinquent fines and penalties, giving the date, amount, and names of persons from whom such monies were received, and to pay so much thereof as shall have been received to the clerk of the board of supervisors for deposit into the general fund of the county. Any clerk of the justice court who shall fail to make such report or to pay the money so received shall, in addition to any other fine or punishment provided by law for such conduct, not be entitled to compensation for the period of time during which such report or money is outstanding.
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Obligation to collect or record | All courts |
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Mississippi | Miss. Code Ann. § 9-1-45(1) | Annual reports; noncompliance; penalties |
Each chancery and circuit clerk shall file, not later than April 15 of each year, with the State Auditor of Public Accounts a true and accurate annual report on a + See moreform to be designed and supplied to each clerk by the State Auditor of Public Accounts immediately after January 1 of each year. The form shall include the following information: (a) revenues subject to the salary cap, including fees; (b) revenues not subject to the salary cap; and (c) expenses of office, including any salary paid to a clerk's spouse or children. Each chancery and circuit clerk shall provide any additional information requested by the Public Employees' Retirement System for the purpose of retirement calculations.
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Obligation to report/conduct analysis | All courts |
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Mississippi | Miss. Code Ann. § 25-7-19(2)(a) | Sheriffs |
The sheriff shall keep a complete account of every fee of every nature, commission or charge collected by him, and shall file an itemized statement thereof monthly, under oath, with + See morethe clerk of the board of supervisors of his county who shall preserve same as a part of the records of his office, and he shall make a remittance to the clerk of the board of supervisors of his county on or before the fifteenth of each month for deposit into the general fund of the county of all said fees, commissions and charges collected during the preceding month. A fee for attempted service of process is unearned absent two (2) documented actual attempts to serve the process.
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Obligation to collect or record | Law enforcement |
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Mississippi | Miss. Code Ann. § 99-19-65 | Collection of fines and penalties |
The clerk of the circuit court shall, immediately after the adjournment of every term, issue execution according to the nature of the case, for all fines, penalties and forfeitures assessed + See moreby the court, or which shall have accrued to the state or to the county, and remaining due and unpaid. Said clerk shall, within thirty days after such adjournment, transmit a list of said executions to the clerk of the board of supervisors of the county, noting the names of the defendants, the amounts, and the sheriff or other officer to whom the same was delivered; and, at the same time he shall transmit to said clerk a statement of the returns made by the sheriff or other officer on execution for fines, penalties, and forfeitures returnable to the last term of the court. Any circuit court clerk who shall fail to issue such executions, or to transmit the lists thereof as required, shall forfeit and pay the sum of two hundred dollars for every such offense, to be recovered by the state or county, on motion against him and his sureties by the district attorney, before the circuit court. The clerk of the board of supervisors shall notify the district attorney of such default.
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Obligation to report/conduct analysis | All courts |
State | Statute | Description/Statute Name | Statutory language | Who may collect | |
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Mississippi | Miss. Code Ann. § 99-19-65 | Collection of fines and penalties |
The clerk of the circuit court shall, immediately after the adjournment of every term, issue execution according to the nature of the case, for all fines, penalties and forfeitures assessed + See moreby the court, or which shall have accrued to the state or to the county, and remaining due and unpaid. Said clerk shall, within thirty days after such adjournment, transmit a list of said executions to the clerk of the board of supervisors of the county, noting the names of the defendants, the amounts, and the sheriff or other officer to whom the same was delivered; and, at the same time he shall transmit to said clerk a statement of the returns made by the sheriff or other officer on execution for fines, penalties, and forfeitures returnable to the last term of the court. Any circuit court clerk who shall fail to issue such executions, or to transmit the lists thereof as required, shall forfeit and pay the sum of two hundred dollars for every such offense, to be recovered by the state or county, on motion against him and his sureties by the district attorney, before the circuit court. The clerk of the board of supervisors shall notify the district attorney of such default.
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State courts |
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Mississippi | Miss. Code Ann. § 19-3-53 | Collection of board imposed fines |
When a fine shall be imposed upon any person by the board of supervisors, by virtue of any provision of law, the board shall cause the person to be summoned + See moreto appear at a succeeding meeting to show cause why the judgment for such fine shall not be made final. If sufficient cause be not shown at the return-day of the summons, the judgment shall be made final, with costs, and the clerk shall issue a capias pro finem therefor, as for fines in the circuit court, which shall be made returnable at the next regular meeting of the board. If good cause be shown, the board may set aside the fine, upon payment of costs. The clerk and sheriff shall be entitled to like fees, for services, as upon similar proceedings in the circuit court.
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County |
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Mississippi | Miss. Code Ann. § 19-3-41(2) | Jurisdiction and authority generally |
The board of supervisors of any county, in its discretion, may contract with a private attorney or private collection agent or agency to collect any type of delinquent payment owed + See moreto the county including, but not limited to, past-due fees, fines and assessments, delinquent ad valorem taxes on personal property and delinquent ad valorem taxes on mobile homes that are entered as personal property on the mobile home rolls, or with the district attorney of the circuit court district in which the county is located to collect any delinquent fees, fines and other assessments. Any such contract may provide for payment contingent upon successful collection efforts or payment based upon a percentage of the delinquent amount collected; however, the entire amount of all delinquent payments collected shall be remitted to the county and shall not be reduced by any collection costs or fees. There shall be due to the county from any person whose delinquent payment is collected pursuant to a contract executed under this subsection an amount, in addition to the delinquent payment, of not to exceed twenty-five percent (25%) of the delinquent payment for collections made within this state and not to exceed fifty percent (50%) of the delinquent payment for collections made outside of this state.
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Private actors |
State | Statute | Description/Statute Name | Statutory language | Who receives the funding | Other beneficiaries | Level of offense | |
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Mississippi | Miss. Code Ann. § 99-27-37 | Money for municipal enforcement |
The board of supervisors of any county in this state and mayor and board of aldermen, or board of aldermen and councilmen, as the case may be, of any municipality + See morein this state are hereby authorized and empowered to appropriate, from time to time, sums of money, not exceeding one-third ( ⅓ ) of the fines which have been collected by them respectively, from the unlawful sale or possession of intoxicating liquors and/or narcotics and/or other illegal drugs, for the purpose of defraying expenses incurred by law enforcement agencies in the procuring of evidence of violations of statutes or ordinances, as the case may be, against the unlawful sale or keeping of intoxicating liquors and/or narcotics and/or other illegal drugs. For the purpose of this section, the word “expenses” shall include, but not be limited to, expenditures related to surveillance, the purchase of investigative equipment, the purchase of samples to be used as evidence, the purchase of information, and the defraying of living expenses of persons specially employed in investigations.
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Municipality/municipal agency | law enforcement agencies | All |
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Mississippi | Miss. Code. Ann. § 9-23-51 | Drug Court fund |
There is created in the State Treasury a special interest-bearing fund to be known as the Drug Court Fund. The purpose of the fund shall be to provide supplemental funding + See moreto all drug courts in the state. Monies from the funds derived from assessments under Section 99-19-73 shall be distributed by the State Treasurer upon warrants issued by the Administrative Office of Courts, pursuant to procedures set by the State Drug Courts Advisory Committee to assist both juvenile drug courts and adult drug courts. Funds from other sources shall be distributed to the drug courts in the state based on a formula set by the State Drug Courts Advisory Committee. The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of: (a) monies appropriated by the Legislature for the purposes of funding drug courts; (b) the interest accruing to the fund; (c) monies received under the provisions of Section 99-19-73; (d) monies received from the federal government; and (e) monies received from such other sources as may be provided by law.
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State/statewide agency | Drug Courts | All |
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Mississippi | Miss. Code. Ann. § 99-19-73(11) | Assessment schedule; collection and disbursement |
It shall be the duty of the Department of Finance and Administration to deposit on a monthly basis all state assessments into the State General Fund or proper special fund + See morein the State Treasury. The Department of Finance and Administration shall issue regulations providing for the proper allocation of these funds.
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State/statewide agency | N/A | All |
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Mississippi | Miss. Code. Ann. § 99-19-73(10)(c) | Assessment schedule; collection and disbursement |
(c) It shall be the duty of the municipal clerk of each municipality to deposit all the state assessments collected in the municipal court in the municipality on a monthly + See morebasis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The municipal clerk shall make a monthly lump-sum deposit of the total state assessments collected in the municipal court in the municipality under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the municipal court in the municipality during that month.
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State/statewide agency | N/A | All |
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Mississippi | Miss. Code. Ann. § 99-19-73(10)(b) | Assessment schedule; collection and disbursement |
It shall be the duty of the chancery clerk of each county to deposit all state assessments collected in the circuit, county and justice courts in the county on a + See moremonthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The chancery clerk shall make a monthly lump-sum deposit of the total state assessments collected in the circuit, county and justice courts in the county under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the circuit, county and justice courts in the county during that month.
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State/statewide agency | N/A | All |
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Mississippi | Miss. Code. Ann. § 99-19-73(10)(c) | Assessment schedule; collection and disbursement |
After a determination by the court of the amount due, it shall be the duty of the clerk of the court to promptly collect all state assessments imposed under the + See moreprovisions of this section. The state assessments imposed under the provisions of this section may not be paid by personal check.
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State/statewide agency | N/A | All |
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Mississippi | Miss. Code Ann. § 97-15-29 (3) | Keep Mississippi Beautiful, Inc.; litter prevention programs |
The proceeds of such fines shall be expended by the collecting jurisdiction solely for the purpose of funding local litter prevention programs or projects or local or school litter education + See moreprograms as recommended by the statewide litter prevention program of Keep Mississippi Beautiful, Inc.
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Municipality/municipal agency | N/A | Misdemeanor |
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Mississippi | Miss. Code Ann. § 97-15-29 (7) | Law Enforcement Officers Monument Fund; Postsecondary Education Financial Assistance Board |
The assessment shall be deposited into the Law Enforcement Officers Monument Fund created in Section 39-5-71. After the monument is constructed, the assessment shall not be deposited into the fund. + See moreThe assessment shall then be deposited with the Postsecondary Education Financial Assistance Board to be used for the scholarship program for children of deceased or disabled law enforcement officers and firemen as provided by Section 37-106-39.
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State/statewide agency | N/A | Misdemeanor |
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Mississippi | Miss. Code Ann. § 97-17-13 (3) | Mississippi Forestry Commission; fire suppression agencies |
a person shall be ordered to reimburse and pay in restitution directly to any organized fire suppression agency recognized by the Mississippi Forestry Commission all the costs the agency incurred + See morerelated to the suppression and abatement of the fire.
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Municipality/municipal agency | N/A | Misdemeanor |
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Mississippi | Miss. Code Ann. § 97-17-43 (3)(d) | State General Fund |
The restoration fee shall be in addition to the fees provided for in Title 63, Chapter 1, and shall be deposited into the State General Fund in accordance with Section + See more45-1-23.
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State/statewide agency | N/A | Misdemeanor |
State | Citation | Description/Statute Name | Language from the rule | When does the rule apply? | |
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Mississippi | URCCC Rule 11.04 | Post-Conviction Fines, Payment of Fines, and Indigents | Matters concerning post-conviction fines, payment of fines, indigents and imprisonment for nonpayment of fines shall be governed by § 99-19-20 of the Mississippi Code of 1972. | Ability to pay |
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Mississippi | M.R.A.P. Rule 6(a)(1) | Counsel on Appeal in Criminal Cases and Proceedings In Forma Pauperis in Criminal Cases |
A defendant in a criminal case in a trial court who desires to proceed on appeal in forma pauperis shall file in the trial court a motion for leave so to proceed, + See moretogether with an affidavit showing the defendant's inability to pay fees and costs. If the motion is granted, the defendant may so proceed without further application to the Supreme Court and without prepayment of fees or costs in either court. If the motion is denied, the trial court shall state in writing the reasons for the denial.
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Ability to pay |
State | Statute | Description/Statute Name | Statutory language | Court/legal body | Function | |
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Mississippi | Miss. Code Ann. § 9-3-9 | Supreme court jurisdiction |
The Supreme Court shall have such jurisdiction as properly belongs to a court of appeals, and shall hear and determine all manner of pleas, complaints, motions, causes, and controversies, civil + See moreand criminal, which are now pending therein, or which may be brought before it, and which shall be cognizable in said court; but a cause shall not be removed into said court until after final judgment in the court below, except as provided by Section 9-4-3, or in cases particularly provided for by law; and the Supreme Court may grant new trials and correct errors of the circuit court in granting or refusing the same.Provided, however, the Supreme Court shall have such original and appellate jurisdiction as may be otherwise provided by law in cases and proceedings for modification of any rates charged or sought to be charged to the public by any public utility.
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Supreme court | Jurisdiction of the courts |
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Mississippi | Miss. Code Ann. § 9-4-3(1) | Court of appeals jurisdiction |
The Court of Appeals shall have the power to determine or otherwise dispose of any appeal or other proceeding assigned to it by the Supreme Court.
The jurisdiction of the Court + See moreof Appeals is limited to those matters which have been assigned to it by the Supreme Court.
The Supreme Court shall prescribe rules for the assignment of matters to the Court of Appeals. These rules may provide for the selective assignment of individual cases and may provide for the assignment of cases according to subject matter or other general criteria. However, the Supreme Court shall retain appeals in cases imposing the death penalty, or cases involving utility rates, annexations, bond issues, election contests, or a statute held unconstitutional by the lower court.
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Court of appeals | Jurisdiction of the courts |
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Mississippi | Miss. Code Ann. § 9-5-81 | Chancery court jurisdiction |
The chancery court in addition to the full jurisdiction in all the matters and cases expressly conferred upon it by the constitution shall have jurisdiction of all cases transferred to + See moreit by the circuit court or remanded to it by the supreme court; and such further jurisdiction, as is, in this chapter or elsewhere, provided by law.
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Chancery court | Jurisdiction of the courts |
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Mississippi | Miss. Code Ann. § 9-7-81 | Circuit courts jurisdiction |
The circuit court shall have original jurisdiction in all actions when the principal of the amount in controversy exceeds two hundred dollars, and of all other actions and causes, matters + See moreand things arising under the constitution and laws of this state which are not exclusively cognizable in some other court, and such appellate jurisdiction as prescribed by law. Such court shall have power to hear and determine all prosecutions in the name of the state for treason, felonies, crimes, and misdemeanors, except such as may be exclusively cognizable before some other court; and said court shall have all the powers belonging to a court of oyer and terminer and general jail delivery, and may do and perform all other acts properly pertaining to a circuit court of law.
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Circuit courts | Jurisdiction of the courts |
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Mississippi | Miss. Code Ann. § 9-9-21(1) | Jurisdiction of county court |
The jurisdiction of the county court shall be as follows: It shall have jurisdiction concurrent with the justice court in all matters, civil and criminal of which the justice court + See morehas jurisdiction; and it shall have jurisdiction concurrent with the circuit and chancery courts in all matters of law and equity wherein the amount of value of the thing in controversy shall not exceed, exclusive of costs and interest, the sum of Two Hundred Thousand Dollars ($200,000.00), and the jurisdiction of the county court shall not be affected by any setoff, counterclaim or cross-bill in such actions where the amount sought to be recovered in such setoff, counterclaim or cross-bill exceeds Two Hundred Thousand Dollars ($200,000.00). Provided, however, the party filing such setoff, counterclaim or cross-bill which exceeds Two Hundred Thousand Dollars ($200,000.00) shall give notice to the opposite party or parties as provided in Section 13-3-83, and on motion of all parties filed within twenty (20) days after the filing of such setoff, counterclaim or cross-bill, the county court shall transfer the case to the circuit or chancery court wherein the county court is situated and which would otherwise have jurisdiction. It shall have exclusively the jurisdiction heretofore exercised by the justice court in the following matters and causes: namely, eminent domain, the partition of personal property, and actions of unlawful entry and detainer, provided that the actions of eminent domain and unlawful entry and detainer may be returnable and triable before the judge of said court in vacation. The county court shall have jurisdiction over criminal matters in the county assigned by a judge of the circuit court district in which the county is included.
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County court | Jurisdiction of the courts |
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Mississippi | Miss. Code Ann. § 9-23-3(1) | Purpose of the drug courts |
The Legislature of Mississippi recognizes the critical need for judicial intervention to reduce the incidence of alcohol and drug use, alcohol and drug addiction, and crimes committed as a result + See moreof alcohol and drug use and alcohol and drug addiction. It is the intent of the Legislature to facilitate local drug court alternative orders adaptable to chancery, circuit, county, youth, municipal and justice courts.
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Drug courts | Creation of the courts |
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Mississippi | Miss. Code Ann. § 9-25-1(2) | Veterans treatment court program |
A circuit court judge may establish a Veterans Treatment Court program. The Veterans Treatment Court may, at the discretion of the circuit court judge, be a separate court program or + See moreas a component of an existing drug court program. At the discretion of the circuit court judge, the Veterans Treatment Court may be operated in one (1) county within the circuit court district, and allow veteran participants from all counties within the circuit court district to participate.
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Veteran treatment court | Creation of the courts |
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Mississippi | Miss. Code Ann. § 9-11-9 | Justice courts -- civil jurisdiction |
Justice court judges shall have jurisdiction of all actions for the recovery of debts or damages or personal property, where the principal of the debt, the amount of the demand, + See moreor the value of the property sought to be recovered shall not exceed Three Thousand Five Hundred Dollars ($3,500.00).
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Justice courts | Jurisdiction of the courts |
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Mississippi | Miss. Code Ann. § 9-11-10 | Justice courts -- civil jurisdiction prerequisites |
No justice of the peace court shall have jurisdiction over any civil suit attempted to be filed therein unless and until all legally required court costs, as set out, but + See morenot restricted to, Sections 25-7-25 and 25-7-27, Mississippi Code of 1972, are deposited with the court. The justice of the peace shall not file, docket, issue process, or otherwise assume jurisdiction until such costs shall have been paid.
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Justice courts | Jurisdiction of the courts |
State | Citation | Question | Brief Answer | Language from the opinion | When does the case apply? | |
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Mississippi | Baldwin v. State, 891 So.2d 274, 276 (Miss. Ct. App. 2004); Moody v. State, 716 So.2d 562, 565-66 (Miss. 1998). |
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 morethe 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).
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The state supreme court has held that it is a violation of the U.S. Constitution and the MS state constitution's equal protection provisions to subject a defendant to jail time + See moresimply because he is unable to pay a fine without first making a determination of the defendant's ability to pay. There appears to be no specific minimum requirements for ability-to-pay determinations. Apparently, however, the burden is on the defendant to inform and show the court that he is indigent.
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"During the revocation hearing in May 2002, Baldwin never testified that he was indigent. In fact, Baldwin stated that a former employer was going to rehire him. Baldwin offered to + See morehave his wages garnished. Baldwin also stated that he gets anywhere from $2,000 and $3,000 back after taxes through earned income credit and would use that money for restitution.We cannot find that there was any abuse of discretion on the part of the trial judge in determining whether or not Baldwin could make his restitution payments. This issue is without merit." Baldwin v. State, 891 So.2d 274, 276 (Miss. Ct. App. 2004).
“[O]ne who is unable to pay will always be in a position of facing a felony conviction and jail time, while those with adequate resources will not. The automatic nature of the fine is what makes it discriminating to the poor, in that only the poor will face jail time. We hold that an indigent's equal protection rights are violated when all potential defendants are offered one way to avoid prosecution and that one way is to pay a fine, and there is no determination as to an individual's ability to pay such a fine. Subjecting one to a jail term merely because he cannot afford to pay a fine, due to no fault of his own, is unconstitutional. Moody v. State, 716 So.2d 562, 565-66 (Miss. 1998) (citing Bearden v. Georgia, 461 U.S. 660 (1983)).
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Ability to pay |
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Mississippi | Mississippi Judicial Performance Com'n v. A Justice Court Judge, 580 So.2d 1259, 1261-62 (Miss. 1991) | Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue? | Judges are prohibited from collecting fees except in special circumstances. Such circumstances require the judge to seek written permission from the court clerk |
“We cannot say that it is absolutely wrong for a justice court judge to personally accept fine monies, because it is not expressly forbidden by statute. On the other hand, + See morethe statutes do not authorize it any more than they authorize a circuit judge to personally receive fine monies in his court, or a chancellor to personally receive public monies in his. There is a clear legislative intent to remove justice court judges from collection of fines. Only the justice court clerk has the statutory authority to collect fines, give receipts for fines, and account for all fine monies paid to the county.” Mississippi Judicial Performance Com'n v. A Justice Court Judge, 580 So.2d at 1262
“This Court therefore makes the following admonition to justice court judges insofar as individually accepting fine monies: Don't.” Id.
“Just as with a circuit judge or chancellor, it should only be in some isolated and clearly necessitous circumstance that a justice court judge ever undertake the responsibility himself of receiving any fine money. If that extreme occasion arises, he must give a written receipt, keep the money segregated and apart from his own, and at the very first opportunity deliver it to the justice court clerk with an explanation of why he received it himself.” Id.
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Revenue flow |
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Mississippi | Isham v. State, 161 So.3d 1076, 1084 (Miss. 2015). | Other applicable caselaw | Indigent defendants are entitled to state-funded criminal expert witnesses. |
"In order to be entitled to a State-funded expert, a criminal defendant must prove not only that the expert is necessary to the preparation of his defense, but he also + See moremust prove his indigency. Ake, 470 U.S. at 70, 105 S.Ct. 1087. Here, the trial court's order assigning Isham a public defender clearly indicates that he was financially unable to pay for an attorney, and the case proceeded on the basis that Isham was indigent." Id.
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Fines and fees |
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Mississippi |
Quitman County v. State, 910 So.2d 1032, 1034-35 (Miss. 2005); Perisha Wallace, "No Equal Justice for the Poor: Mississippi's Failed Attempt to Honor the Right to Counsel Mandates," 9 S. + See moreJ. POL’Y & JUSTICE 81, 86-89 (2015).
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Other applicable caselaw |
According to Mississippi state law, the counties, not the state, have the responsibility of covering expenses for public defender services. This is an unusual system compared to public defender funding + See moreschemes in other states. The county system has been criticized for failing to ensure adequate representation for indigent defendants in criminal proceedings. The lack of state funding for defender services may be in violation of the 6th Amendment right to counsel provisions articulated by Supreme Court cases Gideon v. Wainwright and Strickland v. Washington.
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Section 25-32-7 of the Mississippi Code Annotated is the statutory authority that requires counties to fund the representation of indigent criminal defendants and specifically provides for the compensation and expenses + See morefor the public defender's office. Section 25-32-7 provides that:
The public defender shall be provided with office space, secretarial assistance, and all reasonable expenses of operating the office, at least equal to or more than the county prosecuting attorney, or the district attorney if the public defender represents the entire circuit court district. The compensation and expenses of the public defender's office shall be paid by the county or counties if two (2) or more counties are acting jointly. The funds shall be paid upon allowance by the board of supervisors by order spread upon the minutes of the board.
Also, § 99-15-17, in pertinent part provides “[t]he fees and expenses [of counsel for indigents] as allowed by the appropriate judge shall be paid by the county treasurer out of the general fund of the county in which the prosecution was commenced.” Quitman I, 807 So.2d at 407. Quitman v. State, 910 So.2d at 1035.
Mississippi's per-capita spending rate on public defense is $4.15. It is the lowest in the country, $7.31 lower than the national average. As a result, the county funded part-time lawyers continuously lack funding to conduct the most basic investigations, to conduct legal research, or to hire experts, yet another clear violation of Gideon and Strickland. In many counties, hiring an investigator or a psychiatrist in a non-death penalty case is only possible if the lawyer pays for it out of his or her own pocket. Indigent defense lawyers must handle their own appeals, often without more compensation. While attorneys representing defendants are entitled to receive payment for overhead, the amount of overhead allowed is in the presiding county judges' discretion, and is often times capped. Counties have set very low amounts as the maximum available for compensation of indigent counsel, and the judge must approve any excess funding. Unfortunately, judges are reluctant to develop a reputation for spending tax dollars on criminal defendants, so they often deny any such requests. As a result, the most basic investigations are not completed by the lawyer. The publication identified children as young as 14 who were sent to state prison for decades “after being represented by lawyers who did no investigation on their cases” and “who spent less time talking to [[the children] than a sales clerk might spend with a customer buying a pair of shoes.” Perisha Wallace, "No Equal Justice for the Poor: Mississippi's Failed Attempt to Honor the Right to Counsel Mandates,” 9 S. J. POL’Y & JUSTICE at 88-89. (Citations omitted).
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Revenue flow |
State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Mississippi | 1981 WL 39784 (Miss.A.G.); Miss. Code Ann. § 99-19-20 (2) | Mississippi-Attorney General opinion | Does allowing different municipalities to set their own indigency standards or fines/fees violate the equal protection afforded by the state’s constitution? | apparently not, because judges rule on indigency on a case-by-case basis |
In the event an indigent is unable to pay his fine, a justice court judge may rely upon Section 99-19-20 of the Mississippi Code, 1972 , as amended, as an + See morealternative procedure in working with indigents.
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Ability to pay |
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Mississippi | 1994 WL 497828 (Miss.A.G.) | Mississippi-Attorney General opinion | Which fines and/or fees may be collected by a private vendor? | Any kind of fine or fee, at least for municipalities. |
Section 21-17-l, Mississippi Code of 1972, as amended, provides that a “. . .municipality may contract with a private attorney or privatecollection agent or agency to collect any type of delinquent payment owed to the municipality including, but + See morenot limited to, past due feesand fines.”
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Enforcement |
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Mississippi | 1996 WL 224005 (Miss.A.G.) | Mississippi-Attorney General opinion | What authority do county or municipal courts have to set fines or fees? | The court has the authority to impose "reasonable" fees for costs incurred by the court system. | In response, see the Primeaux opinion which states that Mississippi Code Annotated Section 21-23-7(11) allows a municipal court to impose reasonable costs of court which could include a service of process fee. | Fines and fees |
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Mississippi | 1996 WL 369442 (Miss.A.G.) | Mississippi-Attorney General opinion | Other applicable opinions | Court costs that are statutorily mandated must be collected from defendant by the country clerk, whether a judge decides to impose them or not. |
In response, we direct your attention to Mississippi Code Annotated Section 99-19-73 (Supp. 1995), which sets forth the standard state monetary assessments for criminal violations. Specifically, subsection (7) states:
If a + See morefine or other penalty imposed is suspended, in whole or in part, such suspension shall not affect the state assessment under this section. No state assessment imposed under the provisions of this section may be suspended or reduced by the court.
Based on the above quoted statute, the state assessment court costs are collected by the clerk of the court regardless of whether the judge imposes them or not. There are several statutorily imposed fees or costs which are to be collected regardless of whether the judge imposes them or not, e.g. Mississippi Code Annotated Section 19-7-31 allows the boards of supervisors to impose a court cost for the support of a public county law library in their respective counties. This court cost is automatically assessed regardless of whether the judge imposes it or not. Also, upon conviction for writing a bad check, Section 97-19-67(4) directs the court to impose a fee in the amount of up to 85% of the face value of a bad check in addition to any other fine, fee, cost or penalty imposed by the judge. Section 37-26-9(4) imposes a supplemental court education and training cost in all criminal cases where a fine of $10 or more is imposed by the judge.
The general rule is that if the cost is statutorily imposed, there is no need for the judge to impose the cost. However, from time to time, a court cost may be incurred in which there is no statutory imposition. In such a case it is within the judge's discretion to impose such a court cost on the defendant.
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Enforcement |
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For more information, please visit cjpp.law.harvard.edu.