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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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Nebraska | Neb. Rev. Stat. § 29-203 | District judges and county judges; conservators of the peace; jurisdiction. |
The judges of the district courts in their respective districts, and the magistrates mentioned in section 29-201 in their respective counties, shall jointly and severally be conservators of the peace + See morewithin their respective jurisdictions, and shall have full power to enforce or cause to be enforced all laws that now exist or that shall hereafter be made for the prevention and punishment of offenses, or for the preservation and observance of the peace. Judges of the district courts shall have the same powers to require securities for the keeping of the peace and good behavior, and bail for appearance in courts to answer complaints to keep the peace, and for crimes and offenses committed in their respective districts as any of the magistrates aforesaid have in their respective counties.
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All | No | Court | Yes | |
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Nebraska | Neb. Rev. Stat. § 29-426 | Citation; failure to appear; penalty. |
Any person failing to appear or otherwise comply with the command of a citation shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine + See moreof not more than five hundred dollars, or by imprisonment in the county jail for not more than three months, or by both such fine and imprisonment.
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$0 - $500 | Misdemeanor | No | All | Yes |
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Nebraska | Neb. Rev. Stat. § 29-436 | Infraction, penalties. |
Any person guilty of an infraction when a penalty is not otherwise specified shall: (1) For the first offense be fined not more than one hundred dollars; (2) upon a + See moresecond conviction for the same infraction within a two-year period be fined not less than one hundred dollars and not more than three hundred dollars; and (3) upon a third or subsequent conviction for the same infraction within a two-year period be fined not less than two hundred dollars and not more than five hundred dollars.
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$0 - $500 | All | Yes | All | Yes |
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Nebraska | Neb. Rev. Stat. § 28-1463.06 | Property subject to forfeiture; hearing. |
In addition to the penalties provided in the Child Pornography Prevention Act, a sentencing court may order that any money, securities, negotiable instruments, firearms, conveyances, or electronic communication devices as + See moredefined in section 28-833 or any equipment, components, peripherals, software, hardware, or accessories related to electronic communication devices be forfeited as a part of the sentence imposed if it finds by clear and convincing evidence adduced at a separate hearing in the same prosecution, conducted pursuant to section 28-1601, that any or all such property was derived from, used, or intended to be used to facilitate a violation of the Child Pornography Prevention Act.
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All | No | All | Yes | |
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Nebraska | Neb. Rev. Stat. § 28-106 (1) | Misdemeanors; classification of penalties; sentences; where served. |
(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, misdemeanors are divided into seven classes which + See moreare distinguished from one another by the following penalties which are authorized upon conviction:Class I misdemeanor........ Maximum — not more than one year imprisonment, or one thousand dollars fine, or both
Minimum — none
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$0 - $1000
Class I Misdemeanor |
Misdemeanor | No | All | Yes |
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Nebraska | Neb. Rev. Stat. § 28-106 (1) | Misdemeanors; classification of penalties; sentences; where served. |
(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, misdemeanors are divided into seven classes which + See moreare distinguished from one another by the following penalties which are authorized upon conviction:Class II misdemeanor....... Maximum — six months imprisonment, or one thousand dollars fine, or both
Minimum — none
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$0 - $1000
Class II Misdemeanor |
Misdemeanor | No | All | Yes |
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Nebraska | Neb. Rev. Stat. § 28-106 (1) | Misdemeanors; classification of penalties; sentences; where served. |
(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, misdemeanors are divided into seven classes which + See moreare distinguished from one another by the following penalties which are authorized upon conviction:Class III misdemeanor...... Maximum — three months imprisonment, or five hundred dollars fine, or both
Minimum — none
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$0 - $500
Class III Misdemeanor |
Misdemeanor | No | All | Yes |
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Nebraska | Neb. Rev. Stat. § 28-106 (1) | Misdemeanors; classification of penalties; sentences; where served. |
(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, misdemeanors are divided into seven classes which + See moreare distinguished from one another by the following penalties which are authorized upon conviction:Class IIIA misdemeanor..... Maximum — seven days imprisonment, five hundred dollars fine, or both
Minimum — none
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$0 - $500
Class IIIA Misdemeanor |
Misdemeanor | No | All | Yes |
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Nebraska | Neb. Rev. Stat. § 28-106 (1) | Misdemeanors; classification of penalties; sentences; where served. |
(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, misdemeanors are divided into seven classes which + See moreare distinguished from one another by the following penalties which are authorized upon conviction:Class IV misdemeanor....... Maximum — no imprisonment, five hundred dollars fine
Minimum — none
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$0 - $500
Class IV Misdemeanor |
Misdemeanor | No | All | Yes |
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Nebraska | Neb. Rev. Stat. § 28-106 (1) | Misdemeanors; classification of penalties; sentences; where served. |
(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, misdemeanors are divided into seven classes which + See moreare distinguished from one another by the following penalties which are authorized upon conviction:Class V misdemeanor........ Maximum — no imprisonment, one hundred dollars fine
Minimum — none
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$0 - $100
Class V Misdemeanor |
Misdemeanor | No | All | Yes |
State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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Nebraska | Neb. Rev. Stat. § 29-2206(1) | Fine and costs; commitment until paid; installments; deduction from bond; suspension or revocation of motor vehicle operator’s license. |
(1)(a) In all cases in which courts or magistrates have now or may hereafter have the power to punish offenses, either in whole or in part, by requiring the offender to pay fines or costs, or both, such courts or magistrates may make it a part of the sentence that the party stand committed and be imprisoned in the jail of the proper county until the fines or costs are paid or secured to be paid or the offender is otherwise discharged according to law if the court or magistrate determines that the offender has the financial ability to pay such fines or costs.
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Incarceration | All | No |
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Nebraska | Neb. Rev. Stat. § 29-2206(2) | Fine and costs; commitment until paid; installments; deduction from bond; suspension or revocation of motor vehicle operator’s license |
(2) If the court or magistrate determines, pursuant to subsection (1) of this section, that an offender is financially unable to pay such fines or costs in one lump sum but is financially capable of paying in installments, the court or magistrate shall make arrangements suitable to the court or magistrate and to the offender by which the offender may pay in installments. The court or magistrate shall enter an order specifying the terms of such arrangements and the dates on which payments are to be made. When the judgment of conviction provides for the suspension or revocation of a motor vehicle operator’s license and the court authorizes the payment of fines or costs by installments, the revocation or suspension shall be effective as of the date of judgment.
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Payment plan/installment plan | All | Yes |
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Nebraska | Neb. Rev. Stat. § 29-2206(3) | Alternative to lump sum/installment payments |
As an alternative to a lump-sum payment or as an alternative or in conjunction with installment payments, the court or magistrate may deduct fines or costs from a bond posted by the offender to the extent that such bond is not otherwise encumbered by a valid lien, levy, execution, or assignment to counsel of record or the person who posted the bond.
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Other | All | No |
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Nebraska | Neb. Rev. Stat. § 29-2206.01 | Fine and costs; payment of installments; violation; penalty |
Installments provided for in section 29-2206 shall be paid pursuant to the order entered by the court or magistrate. Any person who fails to comply with the terms of such order shall be liable for punishment for contempt, unless such person has the leave of the court or magistrate in regard to such noncompliance or such person requests a hearing pursuant to section 29-2412 and establishes at such hearing that he or she is financially unable to pay.
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Incarceration, Increased fine | All | Yes |
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Nebraska | Neb. Rev. Stat. § 29-2412 (3) | Fine and costs; nonpayment; commutation upon confinement; credit; amount |
(1) (a) Any person arrested and brought into custody on a warrant for failure to pay fines or costs, for failure to appear before a court or magistrate on the due date of such fines or costs, or for failure to comply with the terms of an order pursuant to sections 29-2206 and 29-2206.01, shall be entitled to a hearing on the first regularly scheduled court date following the date of arrest.
(b) If the court or magistrate determines that the person is financially able to pay the fines or costs and the person refuses to pay, the court or magistrate may: (i) Order the person to be confined in the jail of the proper county until the fines or costs are paid or secured to be paid or the person is otherwise discharged pursuant to subsection (4) of this section; or (ii) Enter an order pursuant to subdivision (1)(d) of this section discharging the person of such fines or costs and order the person to complete community service for a specified number of hours pursuant to sections 29-2277 to 29-2279; (3) Nothing in this section shall authorize any person to be discharged from imprisonment before the expiration of the time for which he or she may be sentenced to be imprisoned as part of his or her punishment (4) (a) Any person held in custody for nonpayment of fines or costs or for default on an installment shall be entitled to a credit on the fines, costs, or installment of one hundred fifty dollars for each day so held. (b) In no case shall a person held in custody for nonpayment of fines or costs be held in such custody for more days than the maximum number to which he or she could have been sentenced if the penalty set by law includes the possibility of confinement. |
Community service, Incarceration | All | No |
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Nebraska | Neb. Rev. Stat. § 29-2404 | Misdemeanor cases; fines and costs; judgment; levy; commitment |
In all cases of misdemeanor in which courts or magistrates shall have power to fine any offender, and shall render judgment for such fine, it shall be lawful to issue executions for the same, with the costs taxed against the offender, to be levied on the goods and chattels of any such offender, and, for want of the same, upon the body of the offender, who shall, following a determination that the offender has the financial ability to pay such fine pursuant to section 29-2412, be committed to the jail of the proper county until the fine and costs be paid, or secured to be paid, or the offender be otherwise discharged according to law.
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Collection fee/interest, Incarceration | Misdemeanor | Yes |
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Nebraska | (2)Neb. Rev. Stat. § 28-1011 | Violations; liability for expenses |
Even if reimbursement for expenses is not ordered under subsection (1) of this section, the defendant shall be liable for all unreimbursed expenses incurred by a public or private agency in conjunction with the care, impoundment, seizure, or disposal of an animal. The expenses shall be a lien upon the animal.
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Property liens | All | No |
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Nebraska | Neb. Rev. Stat. § 29-2262(2)(l)-(m),(s)-(t) | Probation; conditions |
(2) The court may, as a condition of a sentence of probation, require the offender: for tests to determine the presence of drugs or alcohol, psychological evaluations, offender assessment screens, and rehabilitative services required in the identification, evaluation, and treatment of offenders if such offender has the financial ability to pay for such services;
(s) To make restitution as described in sections 29-2280 and 29-2281; or (t) To pay for all costs imposed by the court, including court costs and the fees imposed pursuant to section 29-2262.06. |
Condition or extension of supervision | All | No |
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Nebraska | Neb. Rev. Stat. § 29-2262.06(1),(5) | Fees; waiver; when; failure to pay; effect |
(1) Except as otherwise provided in this section, whenever a district court or county court sentences an adult offender to probation, the court shall require the probationer to pay a one-time administrative enrollment fee and thereafter a monthly probation programming fee.
(5) If a probationer defaults in the payment of monthly probation programming fees or any installment thereof, the court may revoke his or her probation for nonpayment, except that probation shall not be revoked nor shall the offender be imprisoned for such nonpayment if the probationer is financially unable to make the payment, if he or she so states to the court in writing under oath, and if the court so finds after a hearing. |
Condition or extension of supervision | All | No |
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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Nebraska | Neb. Rev. Stat. § 29-2284 | Probation or parole; revocation; conditions |
If the defendant is placed on probation or paroled, the court may revoke probation, and the Board of Parole may revoke parole if the defendant fails to comply with the + See morerestitution order. In determining whether to revoke probation or parole, the court or Board of Parole shall consider the defendant's earning ability and financial resources, the willfulness of the defendant's failure to pay, and any special circumstances affecting the defendant's ability to pay. Probation or parole may not be revoked unless noncompliance with the restitution order is attributable to an intentional refusal to obey the order or a failure to make a good faith effort to comply with the order.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Not provided for | Yes |
N/A |
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Nebraska | Neb. Rev. Stat. § 29-2206(1)(a),(2) | Fine and costs; commitment until paid; installments; deduction from bond; suspension or revocation of motor vehicle operator's license |
(1) (a) In all cases in which courts or magistrates have now or may hereafter have the power to punish offenses, either in whole or in part, by requiring the offender to pay fines or costs, or both, such courts or magistrates may make it a part of the sentence that the party stand committed and be imprisoned in the jail of the proper county until the fines or costs are paid or secured to be paid or the offender is otherwise discharged according to law if the court or magistrate determines that the offender has the financial ability to pay such fines or costs. The court or magistrate may make such determination at the sentencing hearing or at a separate hearing prior to sentencing. A separate hearing shall not be required. In making such determination, the court or magistrate may consider the information or evidence adduced in an earlier proceeding pursuant to section 29-3902, 29-3903, 29-3906, or 29-3916. At any such hearing, the offender shall have the opportunity to present information as to his or her income, assets, debts, or other matters affecting his or her financial ability to pay. Following such hearing and prior to imposing sentence, the court or magistrate shall determine the offender’s financial ability to pay the fines or costs, including his or her financial ability to pay in installments under subsection (2) of this section.
(2) If the court or magistrate determines, pursuant to subsection (1) of this section, that an offender is financially unable to pay such fines or costs in one lump sum but is financially capable of paying in installments, the court or magistrate shall make arrangements suitable to the court or magistrate and to the offender by which the offender may pay in installments. The court or magistrate shall enter an order specifying the terms of such arrangements and the dates on which payments are to be made. |
All |
Not provided for |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | Yes |
Payment in installments. |
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Nebraska | Neb. Rev. Stat. § 29-2412(2) | Fine and costs; nonpayment; commutation upon confinement; credit; amount. |
(2) Whenever it is made satisfactorily to appear to the district court, or to the county judge of the proper county, after all legal means have been exhausted, that any person who is confined in jail for any fines or costs of prosecution for any criminal offense has no estate with which to pay such fines or costs, it shall be the duty of such court or judge, on his or her own motion or upon the motion of the person so confined, to discharge such person from further imprisonment for such fines or costs, which discharge shall operate as a complete release of such fines or costs.
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All |
No estate with which to pay such fines or costs |
At enforcement of fine or fee | Not provided for | Not provided for | No |
If imprisoned for nonpayment of fines and costs, then discharged from prison. |
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Nebraska | Neb. Rev. Stat. § 29-2412(1)(a),(c) | Fine and costs; nonpayment; commutation upon confinement; credit; amount |
(1) (a) Any person arrested and brought into custody on a warrant for failure to pay fines or costs, for failure to appear before a court or magistrate on the due date of such fines or costs, or for failure to comply with the terms of an order pursuant to sections 29-2206 and 29-2206.01, shall be entitled to a hearing on the first regularly scheduled court date following the date of arrest. The purpose of such hearing shall be to determine the person’s financial ability to pay such fines or costs. At the hearing, the person shall have the opportunity to present information as to his or her income, assets, debts, or other matters affecting his or her financial ability to pay. Following the hearing, the court or magistrate shall determine the person’s ability to pay the fines or costs, including his or her financial ability to pay by installment payments as described in section 29-2206;
(c) If the court or magistrate determines that the person is financially unable to pay the fines or costs, the court or magistrate: (i) Shall either: (A) Enter an order pursuant to subdivision (1)(d) of this section discharging the person of such fines or costs; or (B) If the person is subject to an order to pay installments pursuant to section 29-2206, the court or magistrate shall either enter an order pursuant to subdivision (1)(d) of this section discharging the person of such obligation or make any necessary modifications to the order specifying the terms of the installment payments as justice may require and that will enable the person to pay the fines or costs; and (ii) May order the person to complete community service for a specified number of hours pursuant to sections 29-2277 to 29-2279;
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All | Not provided for | At defendant's request at enforcement | Not provided for | Determined by judge after hearing | Yes |
Discharge payment of fines; installment payments; community service in lieu of fines. |
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Nebraska | Neb. Rev. Stat. § 29-2262.06(4) | Fees; waiver; when; failure to pay; effect |
The court shall waive payment of the monthly probation programming fees in whole or in part if after a hearing a determination is made that such payment would constitute an undue hardship on the offender due to limited income, employment or school status, or physical or mental handicap. Such waiver shall be in effect only during the period of time that the probationer or participant in a non-probation-based program or service is unable to pay his or her monthly probation programming fee.
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All |
Undue hardship due to limited income, employment or school status, or physical or mental hardship |
At enforcement of fine or fee | Not provided for | Determined by judge after hearing | No |
Waive payment of the monthly probation programming fees |
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Nebraska | Neb. Rev. Stat. § 29-2281 | Restitution; determination of amount; manner of payment |
To determine the amount of restitution, the court may hold a hearing at the time of sentencing. The amount of restitution shall be based on the actual damages sustained by the victim and shall be supported by evidence which shall become a part of the court record. The court shall consider the defendant’s earning ability, employment status, financial resources, and family or other legal obligations and shall balance such considerations against the obligation to the victim. In considering the earning ability of a defendant who is sentenced to imprisonment, the court may receive evidence of money anticipated to be earned by the defendant during incarceration. A person may not be granted or denied probation or parole either solely or primarily due to his or her financial resources or ability or inability to pay restitution. The court may order that restitution be made immediately, in specified installments, or within a specified period of time not to exceed five years after the date of judgment or defendant’s final release date from imprisonment, whichever is later
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All |
Defendant's earning ability, employment status, financial resources, and family or other legal obligations and shall balance such considerations against the obligation to the victim. In considering the earning ability of a defendant who is sentenced to imprisonment, the court may receive evidence of money anticipated to be earned by the defendant during incarceration.
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At enforcement of fine or fee | Not provided for | Determined by judge after hearing | Yes |
N/A |
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Nebraska | Neb. Rev. Stat. § 29-2262(2)(m) | Probation; conditions |
(2) The court may, as a condition of a sentence of probation, require the offender: offender assessment screens, and rehabilitative services required in the identification, evaluation, and treatment of offenders if such offender has the financial ability to pay for such services;
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
N/A |
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Nebraska | Neb. Rev. Stat. § 29-2208(1)-(2),(4) | Fines or costs; person financially unable to pay; hearing; determination; court or magistrate; powers; order; operate as release |
(1) A person who has been ordered to pay fines or costs and who has not been arrested or brought into custody as described in subdivision (1)(a) of section 29-2412 but who believes himself or herself to be financially unable to pay such fines or costs may request a hearing to determine such person's financial ability to pay such fines or costs. The hearing shall be scheduled on the first regularly scheduled court date following the date of the request. Pending the hearing, the person shall not be arrested or brought into custody for failure to pay such fines or costs or failure to appear before a court or magistrate on the due date of such fines or costs.
(2) At the hearing, the person shall have the opportunity to present information as to his or her income, assets, debts, or other matters affecting his or her financial ability to pay. Following the hearing, the court or magistrate shall determine the person's financial ability to pay the fines or costs, including his or her financial ability to pay in installments as described in section 29-2206. (4) If the court or magistrate determines that the person is financially unable to pay the fines or costs, the court or magistrate: (a) Shall either: (i) Enter an order pursuant to subsection (5) of this section discharging the person of such fines or costs; or (ii) If the person is subject to an order to pay installments pursuant to section 29-2206, the court or magistrate shall either enter an order pursuant to subsection (5) of this section discharging the person of such obligation or make any necessary modifications to the order specifying the terms of the installment payments as justice may require and that will enable the person to pay the fines or costs; and (b) May order the person to complete community service for a specified number of hours pursuant to sections 29-2277 to 29-2279. |
All |
Not provided for |
At enforcement of fine or fee | Not provided for | Determined by judge after hearing | No |
Waive fines or costs; discharge person of installment order to pay fines or costs; make any necessary modifications to the order specifying the terms of the installment payments as justice may require and that will enable the person to pay the fines or costs; order the person to complete community service.
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Nebraska | Neb. Rev. Stat. § 29-2262(2)(o) | Probation; conditions |
(2) The court may, as a condition of a sentence of probation, require the offender: cost of such device or system if the offender has the financial ability;
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
N/A |
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Nebraska | Neb. Rev. Stat. § 29-2262.06(1),(4)-(6) | Fees; waiver; when; failure to pay; effect |
a one-time administrative enrollment fee and thereafter a monthly probation programming fee.
(4) The court shall waive payment of the monthly probation programming fees in whole or in part if after a hearing a determination is made that such payment would constitute an undue hardship on the offender due to limited income, employment or school status, or physical or mental handicap. Such waiver shall be in effect only during the period of time that the probationer or participant in a non-probation-based program or service is unable to pay his or her monthly probation programming fee. (5) If a probationer defaults in the payment of monthly probation programming fees or any installment thereof, the court may revoke his or her probation for nonpayment, except that probation shall not be revoked nor shall the offender be imprisoned for such nonpayment if the probationer is financially unable to make the payment, if he or she so states to the court in writing under oath, and if the court so finds after a hearing. (6) If the court determines that the default in payment described in subsection (5) of this section was not attributable to a deliberate refusal to obey the order of the court or to failure on the probationer's part to make a good faith effort to obtain the funds required for payment, the court may enter an order allowing the probationer additional time for payment, reducing the amount of each installment, or revoking the fees or the unpaid portion in whole or in part. |
All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | No |
Fee waiver; allowing the probationer additional time for payment; reducing the amount of each installment; revoking the fees or the unpaid portion in whole or in part |
State | Statute | Description/Statute Name | Statutory language | Type of obligation | Actor | |
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Nebraska | Neb. Rev. Stat. § 84-712.06 | Public record; portion provide; when. |
Any reasonably segregable public portion of a record shall be provided to the public as a public record upon request after deletion of the portions which may be withheld. |
Obligation to respond to public records requests | All |
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Nebraska | Neb. Rev. Stat. § 84-712 | Public records; free examination; memorandum and abstracts; copies; fees |
(1) Except as otherwise expressly provided by statute, all citizens of this state, and all other persons interested in the examination of the public records, as defined in section 84-712.01, are hereby fully empowered and authorized to (a) examine the same, and make memoranda, copies using their own copying or photocopying equipment in accordance with subsection (2) of this section, and abstracts therefrom, all free of charge, during the hours the respective offices may be kept open for the ordinary transaction of business and (b) except if federal copyright law otherwise provides, obtain copies of public records in accordance with subsection (3) of this section during the hours the respective offices may be kept open for the ordinary transaction of business.
(2) Copies made by citizens or other persons using their own copying or photocopying equipment pursuant to subdivision (1)(a) of this section shall be made on the premises of the custodian of the public record or at a location mutually agreed to by the requester and the custodian. (3)(a) Copies may be obtained pursuant to subdivision (1)(b) of this section only if the custodian has copying equipment reasonably available. Such copies may be obtained in any form designated by the requester in which the public record is maintained or produced, including, but not limited to, printouts, electronic data, discs, tapes, and photocopies. (b) Except as otherwise provided by statute, the custodian of a public record may charge a fee for providing copies of such public record pursuant to subdivision (1)(b) of this section, which fee shall not exceed the actual cost of making the copies available. For purposes of this subdivision, (i) for photocopies, the actual cost of making the copies available shall not exceed the amount of the reasonably calculated actual cost of the photocopies, (ii) for printouts of computerized data on paper, the actual cost of making the copies available shall include the reasonably calculated actual cost of computer run time and the cost of materials for making the copy, and (iii) for electronic data, the actual cost of making the copies available shall include the reasonably calculated actual cost of the computer run time, any necessary analysis and programming, and the production of the report in the form furnished to the requester. State agencies which provide electronic access to public records through a gateway service shall obtain approval of their proposed reasonable fees for such records pursuant to sections 84-1205.02 and 84-1205.03, if applicable, and the actual cost of making the copies available may include the approved fee for the gateway service. (c) This section shall not be construed to require a public body or custodian of a public record to produce or generate any public record in a new or different form or format modified from that of the original public record. (d) If copies requested in accordance with subdivision (1)(b) of this section are estimated by the custodian of such public records to cost more than fifty dollars, the custodian may require the requester to furnish a deposit prior to fulfilling such request. (4) Upon receipt of a written request for access to or copies of a public record, the custodian of such record shall provide to the requester as soon as is practicable and without delay, but not more than four business days after actual receipt of the request, either (a) access to or, if copying equipment is reasonably available, copies of the public record, (b) if there is a legal basis for denial of access or copies, a written denial of the request together with the information specified in section 84-712.04, or (c) if the entire request cannot with reasonable good faith efforts be fulfilled within four business days after actual receipt of the request due to the significant difficulty or the extensiveness of the request, a written explanation, including the earliest practicable date for fulfilling the request, an estimate of the expected cost of any copies, and an opportunity for the requester to modify or prioritize the items within the request. |
Obligation to respond to public records requests | All |
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Nebraska | Neb. Rev. Stat. § 84-712.01 | Public records; right of citizens; full access; fee authorized |
(1) Except when any other statute expressly provides that particular information or records shall not be made public, public records shall include all records and documents, regardless of physical form, of or belonging to this state, any county, city, village, political subdivision, or tax-supported district in this state, or any agency, branch, department, board, bureau, commission, council, subunit, or committee of any of the foregoing. Data which is a public record in its original form shall remain a public record when maintained in computer files.
(2) When a custodian of a public record of a county provides to a member of the public, upon request, a copy of the public record by transmitting it from a modem to an outside modem, a reasonable fee may be charged for such specialized service. Such fee may include a reasonable amount representing a portion of the amortization of the cost of computer equipment, including software, necessarily added in order to provide such specialized service. This subsection shall not be construed to require a governmental entity to acquire computer capability to generate public records in a new or different form when that new form would require additional computer equipment or software not already possessed by the governmental entity. (3) Sections 84-712 to 84-712.03 shall be liberally construed whenever any state, county, or political subdivision fiscal records, audit, warrant, voucher, invoice, purchase order, requisition, payroll, check, receipt, or other record of receipt, cash, or expenditure involving public funds is involved in order that the citizens of this state shall have the full right to know of and have full access to information on the public finances of the government and the public bodies and entities created to serve them. |
Obligation to respond to public records requests | All |
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Nebraska | Neb. Rev. Stat. § 84-712.03 | Public recrods; denial of rights; remedies |
(1) Any person denied any rights granted by sections 84-712 to 84-712.03 may elect to: (a) File for speedy relief by a writ of mandamus in the district court within whose jurisdiction the state, county, or political subdivision officer who has custody of the public record can be served; or (b) Petition the Attorney General to review the matter to determine whether a record may be withheld from public inspection or whether the public body that is custodian of such record has otherwise failed to comply with such sections, including whether the fees estimated or charged by the custodian are actual added costs or special service charges as provided under section 84-712. This determination shall be made within fifteen calendar days after the submission of the petition. If the Attorney General determines that the record may not be withheld or that the public body is otherwise not in compliance, the public body shall be ordered to disclose the record immediately or otherwise comply. If the public body continues to withhold the record or remain in noncompliance, the person seeking disclosure or compliance may (i) bring suit in the trial court of general jurisdiction or (ii) demand in writing that the Attorney General bring suit in the name of the state in the trial court of general jurisdiction for the same purpose. If such demand is made, the Attorney General shall bring suit within fifteen calendar days after its receipt. The requester shall have an absolute right to intervene as a full party in the suit at any time.
(2) In any suit filed under this section, the court has jurisdiction to enjoin the public body from withholding records, to order the disclosure, and to grant such other equitable relief as may be proper. The court shall determine the matter de novo and the burden is on the public body to sustain its action. The court may view the records in controversy in camera before reaching a decision, and in the discretion of the court other persons, including the requester, counsel, and necessary expert witnesses, may be permitted to view the records, subject to necessary protective orders. (3) Proceedings arising under this section, except as to the cases the court considers of greater importance, shall take precedence on the trial docket over all other cases and shall be assigned for hearing, trial, or argument at the earliest practicable date and expedited in every way. |
Obligation to respond to public records requests | All |
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Nebraska | Neb. Rev. Stat. § 84-712.04 | Public records; denial of rights; public body; provide information |
(1) Any person denied any rights granted by sections 84-712 to 84-712.03 shall receive in written form from the public body which denied the request for records at least the following information:(a) A description of the contents of the records withheld and a statement of the specific reasons for the denial, correlating specific portions of the records to specific reasons for the denial, including citations to the particular statute and subsection thereof expressly providing the exception under section 84-712.01 relied on as authority for the denial; (b) The name of the public official or employee responsible for the decision to deny the request; and (c) Notification to the requester of any administrative or judicial right of review under section 84-712.03.
(2) Each public body shall maintain a file of all letters of denial of requests for records. This file shall be made available to any person on request. |
Obligation to respond to public records requests | All |
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Nebraska | Neb. Rev. Stat. § 84-712.09 | Violation; penalty |
Any official who shall violate the provisions of sections 84-712, 84-712.01, and 84-712.03 to 84-712.08 shall be subject to removal or impeachment and in addition shall be deemed guilty of a Class III misdemeanor.
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Nebraska | Neb. Rev. Stat. § 84-712.07 | Public records; public access; equitable relief; attorney's fees; costs |
The provisions of sections 84-712, 84-712.01, 84-712.03 to 84-712.09, and 84-1413 pertaining to the rights of citizens to access to public records may be enforced by equitable relief, whether or not any other remedy is also available. In any case in which the complainant seeking access has substantially prevailed, the court may assess against the public body which had denied access to their records, reasonable attorney fees and other litigation costs reasonably incurred by the complainant.
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Obligation to respond to public records requests | All |
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Nebraska | Neb. Rev. Stat. § 33-106.02(1) | Clerk of the district court; fees; report; disposition |
The clerk of the district court of each county shall not retain for his or her own use any fees, revenue, perquisites, or receipts, fixed, enumerated, or provided in this or any other section of the statutes of the State of Nebraska or any fees authorized by federal law to be collected or retained by a county official. The clerk shall on or before the fifteenth day of each month make a report to the county board, under oath, showing the different items of such fees, revenue, perquisites, or receipts received, from whom, at what time, and for what service, and the total amount received by such officer since the last report, and also the amount received for the current year.
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Obligation to collect or record | Clerk |
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Nebraska | Neb. Rev. Stat. § 24-214 | Fee book; entries; duty of clerk |
The Clerk of the Supreme Court of the State of Nebraska shall keep a book, which shall be provided by the state, and which shall be known as the Fee Book of the Clerk of the Supreme Court, and shall be a part of the records of said office, and in which shall be entered every item of fees collected by him, showing in separate columns the name of the party from whom received, the time of receiving the same, the amount received and for what service the same was charged.
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Obligation to collect or record | Clerk |
State | Statute | Description/Statute Name | Statutory language | Who may collect | |
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Nebraska | Neb. Rev. Stat. § 29-2407 | Liens |
Judgments for fines and costs in criminal cases shall be a lien upon all the property of the defendant within the county from the time of docketing the case by the clerk of the proper court, and judgments upon forfeited recognizance shall be a like lien from the time of forfeiture. No property of any convict shall be exempt from execution issued upon any such judgment as set out in this section against such convict except in cases when the convict is sentenced to a Department of Correctional Services adult correctional facility for a period of more than two years or to suffer death, in which cases there shall be the same exemptions as at the time may be provided by law for civil cases. The lien on real estate of any such judgment for costs shall terminate as provided in section 25-1716.
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State courts |
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Nebraska | Neb. Rev. Stat. § 29-2408 | Judgments for fines, costs, and forfeited recognizances; execution |
It shall be the duty of the clerk of the district court to issue execution for every judgment rendered during the term, for fines and forfeited recognizance, and for the costs in such cases, which remain unpaid and unreplevied; and upon like condition each magistrate shall issue execution forthwith for fines and costs assessed by him.
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Clerk, Court |
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Nebraska | Neb. Rev. Stat. § 29-2409 | Replevy of fine and costs; recognizance; effect |
It shall be lawful for any person or persons convicted of any criminal offense to replevy the judgment for the fine and costs, or the costs only when no fine shall be imposed, by such convicted person or persons, with one or more good and sufficient freeholders, entering into a recognizance before the court or magistrate, to the people of this state, for the payment of such fine and costs, or costs only, within five months from the date of the acknowledgment; which recognizance so taken is hereby declared valid in law, and to create a lien on the real estate of all such persons as shall acknowledge the same. Upon the breach thereof, execution shall be issued against the goods and chattels, lands and tenements of the persons who entered into the recognizance, in the same manner as if it had been a judgment, which execution shall be collected in the same manner as is prescribed in section 29-2408. No scire facias shall be necessary previous to issuing such execution.
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State courts |
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Nebraska | Neb. Rev. Stat. § 29-2410 | Replevy of fine and costs; effect |
In all cases where the person or persons, convicted as aforesaid, shall replevy the fine and costs, as is provided in the section 29-2409, no execution shall issue for such fine and costs as prescribed in the section 29-2408, and further, such person or persons, after replevying the fine and costs as aforesaid, shall not be imprisoned for such fine and costs, but such person or persons shall be wholly discharged from any imprisonment in consequence of any conviction, unless where imprisonment is by this code made a part of the punishment. In that case such convicted person or persons shall be discharged from his, her or their imprisonment at the expiration thereof, if he, she or they have replevied the fine and costs as aforesaid.
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State courts |
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Nebraska | Neb. Rev. Stat. § 29-2411 | Judgments for fines, costs, and forfeited recognizances; execution in other counties |
Executions for fines and costs of prosecution, and on recognizances taken in pursuance of section 29-2409, may be issued into any county in this state. |
State courts |
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Nebraska | Neb. Rev. Stat. § 29-2701 | Execution |
All money due upon any judgment for fines, costs, or forfeited recognizances shall be paid to the judge or clerk of the court where the judgment is pending, if paid before execution is issued therefor, otherwise to the officer holding the execution, or such money may be paid to the sheriff of the county if the judgment debtor is in jail. Every sheriff, marshal, or other ministerial officer who shall receive any such money shall pay the same to the proper clerk of the court within ten days from the time of receiving the same.
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Clerk, County, Court, Law enforcement |
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Nebraska | Neb. Rev. Stat. § 29-2702 | Money received; disposition |
Every judge or clerk of court, upon receiving any money on account of forfeited recognizances, fines, or costs accruing or due to the county or state, shall pay the same to the treasurer of the proper county, except as may be otherwise expressly provided, within ten days from the time of receiving the same. When any money is paid to a judge or clerk of court on account of costs due to individual persons, the same shall be paid to the persons to whom the same are due upon demand therefor.
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Clerk, Court |
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Nebraska | Neb. Rev. Stat. § 29-2706 | Conviction in felony cases; fines and costs; collection from defendant; disposition of amount collected |
In any case of indictment for felony, where the defendant shall be convicted, it shall be the duty of the county attorney, clerk of the court, and sheriff of the county to use all lawful means within the scope of their respective powers, if need be, for the collection of the costs from the defendant, and the fine also, if any shall have been adjudged against him. When the costs shall have been collected, if the same shall have been allowed for payment from the county treasurer as provided in section 29-2705, it shall be the duty of the clerk of the court to certify and pay the same immediately to the county treasurer, together with any fine that may have been collected in the case.
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Clerk, District attorney, Law enforcement |
State | Statute | Description/Statute Name | Statutory language | Who receives the funding | Other beneficiaries | Level of offense | |
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Nebraska | Neb. Rev. Stat. § 29-2706 | Conviction in felony cases; fines and costs; collection from defendant; disposition of amount collected |
In any case of indictment for felony, where the defendant shall be convicted, it shall be the duty of the county attorney, clerk of the court, and sheriff of the county to use all lawful means within the scope of their respective powers, if need be, for the collection of the costs from the defendant, and the fine also, if any shall have been adjudged against him. When the costs shall have been collected, if the same shall have been allowed for payment from the county treasurer as provided in section 29-2705, it shall be the duty of the clerk of the court to certify and pay the same immediately to the county treasurer, together with any fine that may have been collected in the case.
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County | N/A | Felony |
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Nebraska | Neb. Rev. §§ 81-1428, 81-1429 | Law Enforcement Improvement Fund; created; use; investment; Law Enforcement Improvement Fund; how funded |
§ 81-1428: The Law Enforcement Improvement Fund is created and shall be maintained by the State Treasurer as a cash fund. The fund shall consist of revenue credited pursuant to section 81-1429 and investment income. The fund shall be used for payment of administrative and operations expenses of the Nebraska Law Enforcement Training Center and such other expenses as budgeted by the Legislature for the improvement of law enforcement, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. The Law Enforcement Improvement Fund shall be administered by the director. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
§ 81-1429: A Law Enforcement Improvement Fund fee of two dollars shall be taxed as costs in each criminal proceeding, including traffic infractions and misdemeanors, filed in all courts of this state for violations of state law or city or village ordinances. No such fee shall be collected in any juvenile court proceeding or when waived under section 29-2709. Such fee shall be remitted to the State Treasurer on forms prescribed by the State Treasurer within ten days after the close of each calendar quarter. The State Treasurer shall credit the money to the Law Enforcement Improvement Fund. |
Law enforcement |
General fund |
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Nebraska | Neb. Const. art. VII, § 5. | Fines, penalites, and license money; allocation; use of forfeited conveyances |
(1) Except as provided in subsections (2) and (3) of this section, all fines, penalties, and license money arising under the general laws of the state, except fines and penalties for violation of laws prohibiting the overloading of vehicles used upon the public roads and highways of this state, shall belong and be paid over to the counties respectively where the same may be levied or imposed, and all fines, penalties, and license money arising under the rules, bylaws, or ordinances of cities, villages, precincts, or other municipal subdivision less than a county shall belong and be paid over to the same respectively. All such fines, penalties, and license money shall be appropriated exclusively to the use and support of the common schools in the respective subdivisions where the same may accrue, except that all fines and penalties for violation of laws prohibiting the overloading of vehicles used upon the public roads and highways shall be placed as follows: Seventy-five per cent in a fund for state highways and twenty-five per cent to the county general fund where the fine or penalty is paid.
(2) Fifty per cent of all money forfeited or seized pursuant to enforcement of the drug laws shall belong and be paid over to the counties for drug enforcement purposes as the Legislature may provide. (3) Law enforcement agencies may use conveyances forfeited pursuant to enforcement of the drug laws as the Legislature may provide. Upon the sale of such conveyances, the proceeds shall be appropriated exclusively to the use and support of the common schools as provided in subsection (1) of this section. |
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State/state agency; law enforcement. |
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Nebraska | Neb. Rev. Stat. § 33-106.02 (2) | Clerk of the district court; fees; report; disposition. |
(2) The clerk shall account for and pay any fees, revenue, perquisites, or receipts not later than the fifteenth day of the month following the calendar month in which such fees, revenue, perquisites, or receipts were received in the following manner:
(a) Of the forty-two-dollar docket fee imposed pursuant to section 33-106, through June 30, 2016, five dollars shall be remitted to the State Treasurer for credit to the General Fund and two dollars shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges, beginning July 1, 2016, through June 30, 2017, three dollars shall be remitted to the State Treasurer for credit to the General Fund and four dollars shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges, and beginning July 1, 2017, one dollar shall be remitted to the State Treasurer for credit to the General Fund and six dollars shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges; (b) Of the twenty-seven-dollar docket fee imposed for appeal of a criminal case to the district court pursuant to section 33-106, two dollars shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges; and (c) The remaining fees, revenue, perquisites, or receipts shall be credited to the general fund of the county. |
State/statewide agency |
County; Judge retirement fund. |
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Nebraska | Neb. Rev. Stat. § 33-157 | Conviction for misdemeanor or felony; affirmation on appeal; additional assessment of cost; use; Nebraska Crime Victim Fund; created; use |
(1) In addition to all other costs assessed according to law, an assessment of one dollar shall be assessed for each conviction of a person for any misdemeanor or felony in county court or district court and each affirmation on appeal. No such assessment shall be collected in any juvenile court proceeding. No county shall be liable for the assessment imposed pursuant to this section. The assessments shall be remitted to the State Treasurer on forms prescribed by the State Treasurer within ten days after the end of the month.
(2) The Nebraska Crime Victim Fund is created. The fund shall contain the amounts remitted pursuant to subsection (1) of this section and section 83-184. The fund shall be administered by the Nebraska Commission on Law Enforcement and Criminal Justice. As soon as funds become available, the commission shall direct the State Treasurer to transfer money from the Nebraska Crime Victim Fund to the Department of Correctional Services Facility Cash Fund and the Supreme Court Automation Cash Fund to pay for the initial costs in implementing Laws 2010, LB 510, in amounts to be determined by the Department of Correctional Services and the Supreme Court and certified to the commission. When such costs are fully reimbursed, the Nebraska Crime Victim Fund shall terminate and the State Treasurer shall distribute seventy-five percent of the funds remitted pursuant to subsection (1) of this section and section 83-184 to the Victim’s Compensation Fund to be awarded as compensation for losses and expenses allowable under the Nebraska Crime Victim’s Reparations Act and shall distribute twenty-five percent of such funds to the Reentry Cash Fund. |
Victims Fund |
Department of Correctional Services Facility Cash Fund; Supreme Court Automation Cash Fund. |
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Nebraska | Neb. Rev. Stat. § 33-106(1)-(2) | Clerk of the district court; fees; enumerated |
(1) In addition to the judges’ retirement fund fee provided in section 24-703 and the fees provided in section 33-106.03 and except as otherwise provided by law, the fees of the clerk of the district court shall be as follows: There shall be a docket fee of forty-two dollars for each civil and criminal case except (a) a case commenced by filing a transcript of judgment as hereinafter provided, (b) proceedings under the Nebraska Workers’ Compensation Act and the Employment Security Law, when provision is made for the fees that may be charged, and (c) a criminal case appealed to the district court from any court inferior thereto as hereinafter provided. There shall be a docket fee of twenty-five dollars for each case commenced by filing a transcript of judgment from another court in this state for the purpose of obtaining a lien. There shall be a docket fee of twenty-seven dollars for each criminal case appealed to the district court from any court inferior thereto.
(2) In all cases, other than those appealed from an inferior court or original filings which are within jurisdictional limits of an inferior court and when a jury is demanded in district court, the docket fee shall cover all fees of the clerk, except that the clerk shall be paid for each copy or transcript ordered of any pleading, record, or other document and that the clerk shall be entitled to a fee of fifteen dollars for a records management fee which will be taxed as costs of the case. |
Clerk |
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Nebraska | Neb. Rev. Stat. § 24-703(3) | Judges; contributions; payment; funding of system; late fees |
Except as otherwise provided in this subsection, a Nebraska Retirement Fund for Judges fee of six dollars shall be taxed as costs in each (a) civil cause of action, criminal cause of action, traffic misdemeanor or infraction, and city or village ordinance violation filed in the district courts, the county courts, and the separate juvenile courts, (b) filing in the district court of an order, award, or judgment of the Nebraska Workers' Compensation Court or any judge thereof pursuant to section 48-188, (c) appeal or other proceeding filed in the Court of Appeals, and (d) original action, appeal, or other proceeding filed in the Supreme Court. In county courts a sum shall be charged which is equal to ten percent of each fee provided by sections 33-125, 33-126.02, 33-126.03, and 33-126.06, rounded to the nearest even dollar. No judges retirement fee shall be charged for filing a report pursuant to sections 33-126.02 and 33-126.06. When collected by the clerk of the district or county court, such fees shall be paid and information submitted to the director in charge of the judges retirement system on forms prescribed by the board by the clerk within ten days after the close of each calendar quarter. The board may charge a late administrative processing fee not to exceed twenty-five dollars if the information is not timely received or the money is delinquent. In addition, the board may charge a late fee of thirty-eight thousandths of one percent of the amount required to be submitted pursuant to this section for each day such amount has not been received. Such director shall promptly thereafter remit the same to the State Treasurer for credit to the fund. No Nebraska Retirement Fund for Judges fee which is uncollectible for any reason shall be waived by a county judge as provided in section 29-2709.
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Nebraska | Neb. Rev. Stat. § 24-215 | Fees; quarterly payment into General Fund; transcripts for Supreme Court of United States; powers and duties of clerk |
The Clerk of the Supreme Court shall, on the first day in January, April, July, and October of each year, pay into the General Fund of the state treasury all fees of every nature and description received by him or her during the preceding three months; and the State Treasurer shall issue his or her receipt for such fees. If the clerk shall find it necessary to procure additional clerical help in preparing transcripts for use in the Supreme Court of the United States, he or she is authorized to pay for such additional help out of the fees collected for preparing such transcripts, taking proper receipts therefor; and he or she shall account for the balance of such fees as hereinbefore provided.
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General Fund | N/A | All |
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Nebraska | Neb. Rev. Stat. § 24-2231 | Supreme Court Attorney Services Cash Fund; created; use; investment |
The Supreme Court Attorney Services Cash Fund is created. The fund shall be under the control of the Supreme Court and administered by the State Court Administrator. The fund shall consist of mandatory assessments and fees, grants, donations, and gifts. The fund shall be used for expenses related to regulation of the practice of law in Nebraska. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. Interest earned shall be credited back to the fund.
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Other | N/A | All |
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Nebraska | Neb. Rev. Stat. § 28-406(3) | Drugs and Narcotics: Registration; fees |
The department shall remit the fees to the State Treasurer for credit to the Professional and Occupational Credentialing Cash Fund. |
State/statewide agency | N/A | All |
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Nebraska | Neb. Rev. Stat. § 24-517 | County Vourt: Jurisdiction |
Each county court shall have the following jurisdiction: (1) Exclusive original jurisdiction of all matters relating to decedents' estates, including the probate of wills and the construction thereof, except as provided in subsection (c) of section 30-2464 and section 30-2486;
(2) Exclusive original jurisdiction in all matters relating to the guardianship of a person, except if a separate juvenile court already has jurisdiction over a child in need of a guardian, concurrent original jurisdiction with the separate juvenile court in such guardianship; (3) Exclusive original jurisdiction of all matters relating to conservatorship of any person, including (a) original jurisdiction to consent to and authorize a voluntary selection, partition, and setoff of a ward's interest in real estate owned in common with others and to exercise any right of the ward in connection therewith which the ward could exercise if competent and (b) original jurisdiction to license the sale of such real estate for cash or on such terms of credit as shall seem best calculated to produce the highest price subject only to the requirements set forth in section 30-3201; (4) Concurrent jurisdiction with the district court to involuntarily partition a ward's interest in real estate owned in common with others; (5) Concurrent original jurisdiction with the district court in all civil actions of any type when the amount in controversy is forty-five thousand dollars or less through June 30, 2005, and as set by the Supreme Court pursuant to subdivision (b) of this subdivision on and after July 1, 2005. (a) When the pleadings or discovery proceedings in a civil action indicate that the amount in controversy is greater than the jurisdictional amount of subdivision (5) of this section, the county court shall, upon the request of any party, certify the proceedings to the district court as provided in section 25-2706. An award of the county court which is greater than the jurisdictional amount of subdivision (5) of this section is not void or unenforceable because it is greater than such amount, however, if an award of the county court is greater than the jurisdictional amount, the county court shall tax as additional costs the difference between the filing fee in district court and the filing fee in county court. (b) The Supreme Court shall adjust the jurisdictional amount for the county court every fifth year commencing July 1, 2005. The adjusted jurisdictional amount shall be equal to the then current jurisdictional amount adjusted by the average percentage change in the unadjusted Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the five-year period preceding the adjustment date. The jurisdictional amount shall be rounded to the nearest one-thousand-dollar amount; (6) Concurrent original jurisdiction with the district court in any criminal matter classified as a misdemeanor or for any infraction. The district court shall have concurrent original jurisdiction in any criminal matter classified as a misdemeanor that arises from the same incident as a charged felony; (7) Concurrent original jurisdiction with the district court in domestic relations matters as defined in section 25-2740 and with the district court and separate juvenile court in paternity or custody determinations as provided in section 25-2740; (8) Concurrent original jurisdiction with the district court in matters arising under the Nebraska Uniform Trust Code; (9) Exclusive original jurisdiction in any action based on violation of a city or village ordinance, except with respect to violations committed by persons under eighteen years of age; (10) The jurisdiction of a juvenile court as provided in the Nebraska Juvenile Code when sitting as a juvenile court in counties which have not established separate juvenile courts; (11) Exclusive original jurisdiction in matters of adoption, except if a separate juvenile court already has jurisdiction over the child to be adopted, concurrent original jurisdiction with the separate juvenile court; (12) Exclusive original jurisdiction in matters arising under the Nebraska Uniform Custodial Trust Act; (13) Concurrent original jurisdiction with the district court in any matter relating to a power of attorney and the action or inaction of any agent acting under a power of attorney; (14) Exclusive original jurisdiction in any action arising under sections 30-3401 to 30-3432; (15) Exclusive original jurisdiction in matters arising under the Nebraska Uniform Transfers to Minors Act; (16) Concurrent original jurisdiction with the district court in matters arising under the Uniform Principal and Income Act; (17) Concurrent original jurisdiction with the district court in matters arising under the Uniform Testamentary Additions to Trusts Act (1991) except as otherwise provided in subdivision (1) of this section; and (18) Concurrent original jurisdiction with the district court to determine contribution rights under section 68-919; and (19) All other jurisdiction heretofore provided and not specifically repealed by Laws 1972, Legislative Bill 1032, and such other jurisdiction as hereafter provided by law. |
County Courts | Jurisdiction of the courts |
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Nebraska | Neb. Const. art. V, § 27 | Juvenile courts; authorization |
Notwithstanding the provisions of section 9 of this Article, the Legislature may establish courts to be known as juvenile courts, with such jurisdiction and powers as the Legislature may provide. The term, qualification, compensation, and method of appointment or election of the judges of such courts, and the rules governing proceedings therein, may be fixed by the Legislature. The state shall be divided into juvenile court judicial districts that correspond to district court judicial districts until otherwise provided by law. No such court shall be established or afterwards abolished in any juvenile court judicial district unless approved by a majority of those voting on the issue.
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Juvenile courts located in Douglas, Lancaster, and Sarpy Counties | Creation of the courts |
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Nebraska | Neb. Rev. Stat. § 43-247 | Juvenile court; jurisdiction |
The juvenile court in each county shall have jurisdiction of: infraction under the laws of this state, or violation of a city or village ordinance, and who, beginning July 1, 2017, was eleven years of age or older at the time the act was committed;
(2) Any juvenile who has committed an act which would constitute a felony under the laws of this state and who, beginning July 1, 2017, was eleven years of age or older at the time the act was committed; (3) Any juvenile (a) who is homeless or destitute, or without proper support through no fault of his or her parent, guardian, or custodian; who is abandoned by his or her parent, guardian, or custodian; who lacks proper parental care by reason of the fault or habits of his or her parent, guardian, or custodian; whose parent, guardian, or custodian neglects or refuses to provide proper or necessary subsistence, education, or other care necessary for the health, morals, or well-being of such juvenile; whose parent, guardian, or custodian is unable to provide or neglects or refuses to provide special care made necessary by the mental condition of the juvenile; who is in a situation or engages in an occupation, including prostitution, dangerous to life or limb or injurious to the health or morals of such juvenile; or who, beginning July 1, 2017, has committed an act or engaged in behavior described in subdivision (1), (2), (3)(b), or (4) of this section and who was under eleven years of age at the time of such act or behavior, (b)(i) who, until July 1, 2017, by reason of being wayward or habitually disobedient, is uncontrolled by his or her parent, guardian, or custodian; who deports himself or herself so as to injure or endanger seriously the morals or health of himself, herself, or others; or who is habitually truant from home or school or (ii) who, beginning July 1, 2017, is eleven years of age or older and, by reason of being wayward or habitually disobedient, is uncontrolled by his or her parent, guardian, or custodian; who deports himself or herself so as to injure or endanger seriously the morals or health of himself, herself, or others; or who is habitually truant from home or school, or (c) who is mentally ill and dangerous as defined in section 71-908; (4) Any juvenile who has committed an act which would constitute a traffic offense as defined in section 43-245 and who, beginning July 1, 2017, was eleven years of age or older at the time the act was committed; (5) The parent, guardian, or custodian of any juvenile described in this section; (6) The proceedings for termination of parental rights; (7) Any juvenile who has been voluntarily relinquished, pursuant to section 43-106.01, to the Department of Health and Human Services or any child placement agency licensed by the Department of Health and Human Services; (8) Any juvenile who was a ward of the juvenile court at the inception of his or her guardianship and whose guardianship has been disrupted or terminated; (9) The adoption or guardianship proceedings for a child over which the juvenile court already has jurisdiction under another provision of the Nebraska Juvenile Code; (10) The paternity or custody determination for a child over which the juvenile court already has jurisdiction; (11) The proceedings under the Young Adult Bridge to Independence Act; and (12) Except as provided in subdivision (11) of this section, any individual adjudged to be within the provisions of this section until the individual reaches the age of majority or the court otherwise discharges the individual from its jurisdiction. Notwithstanding the provisions of the Nebraska Juvenile Code, the determination of jurisdiction over any Indian child as defined in section 43-1503 shall be subject to the Nebraska Indian Child Welfare Act; and the district court shall have exclusive jurisdiction in proceedings brought pursuant to section 71-510. |
Juvenile courts located in Douglas, Lancaster, and Sarpy Counties | Jurisdiction of the courts |
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Nebraska | Neb. Rev. Stat. § 48-152 | Nebraska Workers' Compensation Court; creation; jurisdiction; judges; selected or retained in office |
Recognizing that (1) industrial relations between employers and employees within the State of Nebraska are affected with a vital public interest, (2) an impartial and efficient administration of the Nebraska Workers' Compensation Act is essential to the prosperity and well-being of the state, and (3) suitable laws should be enacted for the establishing and for the preservation of such an administration of the Nebraska Workers' Compensation Act, there is hereby created, pursuant to the provisions of Article V, section 1, of the Nebraska Constitution, a court, consisting of seven judges, to be selected or retained in office in accordance with the provisions of Article V, section 21, of the Nebraska Constitution and to be known as the Nebraska Workers' Compensation Court, which court shall have authority to administer and enforce all of the provisions of the Nebraska Workers' Compensation Act, and any amendments thereof, except such as are committed to the courts of appellate jurisdiction or as otherwise provided by law.
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Statewide Workers’ Compensation Court | Creation of the courts |
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Nebraska | Neb. Rev. Stat. § 48-152 | Nebraska Workers' Compensation Court; creation; jurisdiction; judges; selected or retained in office |
Recognizing that (1) industrial relations between employers and employees within the State of Nebraska are affected with a vital public interest, (2) an impartial and efficient administration of the Nebraska Workers' Compensation Act is essential to the prosperity and well-being of the state, and (3) suitable laws should be enacted for the establishing and for the preservation of such an administration of the Nebraska Workers' Compensation Act, there is hereby created, pursuant to the provisions of Article V, section 1, of the Nebraska Constitution, a court, consisting of seven judges, to be selected or retained in office in accordance with the provisions of Article V, section 21, of the Nebraska Constitution and to be known as the Nebraska Workers' Compensation Court, which court shall have authority to administer and enforce all of the provisions of the Nebraska Workers' Compensation Act, and any amendments thereof, except such as are committed to the courts of appellate jurisdiction or as otherwise provided by law.
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Statewide Workers’ Compensation Court | Creation of the courts, Jurisdiction of the courts |
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Nebraska | Neb. Const. art. V, § 1 | Power vested in courts; Chief Justice; powers |
The judicial power of the state shall be vested in a Supreme Court, an appellate court, district courts, county courts, in and for each county, with one or more judges for each county or with one judge for two or more counties, as the Legislature shall provide, and such other courts inferior to the Supreme Court as may be created by law. In accordance with rules established by the Supreme Court and not in conflict with other provisions of this Constitution and laws governing such matters, general administrative authority over all courts in this state shall be vested in the Supreme Court and shall be exercised by the Chief Justice. The Chief Justice shall be the executive head of the courts and may appoint an administrative director thereof.
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Courts Generally | Creation of the courts |
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Nebraska | Neb. Const. art. V, § 2 | Supreme Court; number of judges; quorum; jurisdiction; retired judges, temporary duty; court divisions; assignments by Chief Justice |
The Supreme Court shall consist of seven judges, one of whom shall be the Chief Justice. A majority of the judges shall be necessary to constitute a quorum. A majority of the members sitting shall have authority to pronounce a decision except in cases involving the constitutionality of an act of the Legislature. No legislative act shall be held unconstitutional except by the concurrence of five judges. The Supreme Court shall have jurisdiction in all cases relating to the revenue, civil cases in which the state is a party, mandamus, quo warrantor, habeas corpus, election contests involving state officers other than members of the Legislature, and such appellate jurisdiction as may be provided by law. The Legislature may provide that any judge of the Supreme Court or judge of the appellate court created pursuant to Article V, section 1, of this Constitution who has retired may be called upon for temporary duty by the Supreme Court. Whenever necessary for the prompt submission and determination of causes, the Supreme Court may appoint judges of the district court or the appellate court to act as associate judges of the Supreme Court, sufficient in number, with the judges of the Supreme Court, to constitute two divisions of the court of five judges in each division. Whenever judges of the district court or the appellate court are so acting, the court shall sit in two divisions, and four of the judges thereof shall be necessary to constitute a quorum. Judges of the district court or the appellate court so appointed shall serve during the pleasure of the court and shall have all the powers of judges of the Supreme Court. The Chief Justice shall make assignments of judges to the divisions of the court, preside over the division of which he or she is a member, and designate the presiding judge of the other division. The judges of the Supreme Court, sitting without division, shall hear and determine all cases involving the constitutionality of a statute and all appeals involving capital cases and may review any decision rendered by a division of the court. In such cases, in the event of the disability or disqualification by interest or otherwise of any of the judges of the Supreme Court, the court may appoint judges of the district court or the appellate court to sit temporarily as judges of the Supreme Court, sufficient to constitute a full court of seven judges. Judges of the district court or the appellate court shall receive no additional salary by virtue of their appointment and service as herein provided, but they shall be reimbursed their necessary traveling and hotel expenses.
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Supreme Court | Creation of the courts, Jurisdiction of the courts |
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Nebraska | Neb. Const. art. V, § 1 | Power vested in courts; Chief Justice; powers |
The judicial power of the state shall be vested in a Supreme Court, an appellate court, district courts, county courts, in and for each county, with one or more judges for each county or with one judge for two or more counties, as the Legislature shall provide, and such other courts inferior to the Supreme Court as may be created by law. In accordance with rules established by the Supreme Court and not in conflict with other provisions of this Constitution and laws governing such matters, general administrative authority over all courts in this state shall be vested in the Supreme Court and shall be exercised by the Chief Justice. The Chief Justice shall be the executive head of the courts and may appoint an administrative director thereof.
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Court of Appeals | Creation of the courts |
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Nebraska | Neb. Rev. Stat. § 24-1101 | Court of Appeals; created; panels; judges; appointment; salary; other laws applicable |
(1) There is hereby created the Court of Appeals which shall consist of six judges. The court shall sit in panels of three judges to conduct the business of the court. The decision of a majority of the judges of the panel to which a case is submitted shall constitute the decision of the court for that case. The membership of the panels shall be assigned and regularly rotated by the Chief Judge of the Court of Appeals in such a manner as to provide each judge the opportunity to serve a proportionate amount of time with every other judge on the court.(
2) One judge of the Court of Appeals shall be appointed by the Governor from each Supreme Court judicial district. For purposes of this section, a judge's residence on the effective date of appointment shall be considered the judge's residence while he or she serves on the Court of Appeals. Prior to September 13, 1997, the Supreme Court shall each year select one judge of the Court of Appeals as Chief Judge. Upon the expiration of the term of the Chief Judge in office on September 13, 1997, and each two years thereafter, the judges of the Court of Appeals shall by majority vote nominate one of their number to be Chief Judge for the ensuing two years, which judge shall, upon the ratification of the selection by the Supreme Court, serve as Chief Judge for that two-year period. (3) Judges of the Court of Appeals shall be paid an amount equal to ninety-five percent of the salary set for the Chief Justice and judges of the Supreme Court. ' (4) Judges of the Court of Appeals shall be subject to the same provisions relating to selection, filling of a vacancy, term of office, discipline, removal from office, and retirement as are all other judges covered by Article V of the Constitution of Nebraska. |
Court of Appeals | Creation of the courts |
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Nebraska | Neb. Const. art. V, § 9 | District courts; jurisdiction; felons may plead guilty; sentence |
The district courts shall have both chancery and common law jurisdiction, and such other jurisdiction as the Legislature may provide; and the judges thereof may admit persons charged with felony to a plea of guilty and pass such sentence as may be prescribed by law.
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District courts | Jurisdiction of the courts |
State | Citation | Question | Brief Answer | Language from the opinion | When does the case apply? | |
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Nebraska | State v. Holloway, 212 Neb. 426 (1982). | The court cannot require that a fine be satisfied by applying jail time served without giving the defendant an opportunity to pay the fine. |
It seems clear to us that the statutes cited do not authorize the procedure which the court here used, i.e., requiring the fine to be satisfied by applying the jail + See moretime served without giving an opportunity to pay in the manner provided bystatute, and without affording an opportunity to show indigency.
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Enforcement | |
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Nebraska | State ex rel. Douglas v. Gradwohl, 194 Neb. 745 (1975) | Exemption of certain type or class of offense from the imposition of costs is not an unconstitutional classification. |
If it is constitutional for the Legislature to vary penalties according to its judgment of the seriousness of the offense, it may clearly mitigate the burden of costs as well. + See moreIt may be true that technically costs assessed are not part of the punishment or penalty for an offense. The plaintiff cites cases from other jurisdictions which so hold. However, it does not then necessarily follow that exempting a certain type or class of offense from the imposition of costs constitutes an unconstitutional classification.
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Fines and fees |
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