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Fines and Fees

	State	Statute	Description/Statute Name	Statutory language	Amount	Level of offense	Mandatory	Imposed by	Delegation of authority
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-06.1-08(3)	Computer fraud--Computer crime--Classification--Penalty	In addition to any other remedy available, the owner or lessee of a computer, computer system, computer network, or any part of the computer, computer system, or computer network may + See more bring a civil action for damages, restitution, and attorney's fees for damages incurred as a result of the violation of this section.	damages, restitution, and attorney's fees for damages incurred as a result of the violation of this section	All	No	Court	N/A
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-17-09(1)	Killing or injury of law enforcement support animal--Definition--Penalty	A person is guilty of a class C felony and is subject to a civil penalty of up to ten thousand dollars if that person willfully and unjustifiably kills, shoots, + See more tortures, torments, beats, kicks, strikes, mutilates, disables, or otherwise injures a law enforcement support animal.	$0.00 - $10000.00	Felony	Yes	Court	Court
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-17-09(2)	Killing or injury of law enforcement support animal--Definition--Penalty	A person is guilty of a class A misdemeanor and is subject to a civil penalty of up to five thousand dollars if that person willfully: a. Harasses, taunts, or + See more provokes a law enforcement support animal; b. Interferes with a law enforcement support animal while the animal is working; or c. Interferes with the individual handling the animal.	$0.00 - $5000.00	Misdemeanor	No	Court	Court
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-23-16(3)	Automated sales suppression device, zapper, or phantom-ware--Prohibition--Penalties	Automated sales suppression device, zapper, or phantom-ware - Prohibition - Penalties. . . . 3. Any person convicted of a violation under subsection 2 is guilty of a class B + See more felony. Any person convicted of a second or subsequent violation of subsection 2 is guilty of a class A felony and also is subject to a civil penalty of not more than one hundred thousand dollars.	$0.00 - $100000.00	Felony	Yes	Court	Court
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-23-17(3)	Unlawful skimming of credit, debit, or other electronic payment cards--Penalty	Any person convicted of a violation under subsection 2 is guilty of a class B felony. Any person convicted of a second or subsequent violation of subsection 2 is guilty + See more of a class A felony and also is subject to a civil penalty of not more than one hundred thousand dollars.	$0.00 - $100000.00	Felony	Yes	Court	Court
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-23.1-02(1)	Civil penalties for theft of cable television services	Any person who violates subsection 1, 2, or 3 of section 12.1-23.1-01 is liable to the franchised or otherwise duly licensed cable television system for the greater of one thousand + See more dollars or three times the amount of actual damages, if any, sustained by the system, plus reasonable attorney fees.	$1000 - $0 or three times the amount of actual damages, if any, + See more sustained by the system, plus reasonable attorney fees	All	Yes	Court	No
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-23.1-02(2)	Civil penalties for theft of cable television services	Any person who violates subsection 4 of section 12.1-23.1-01 is liable to the franchised or otherwise duly licensed cable television system for the greater of ten thousand dollars or three + See more times the amount of actual damages, if any, sustained by the plaintiff, plus reasonable attorney fees. A second or subsequent conviction is punishable by the greater of twenty thousand dollars or three times the amount of actual damages, if any, plus reasonable attorney fees.	$10000 - $0 A second or subsequent conviction is punishable by the greater + See more of twenty thousand dollars or three times the amount of actual damages, if any, plus reasonable attorney fees.	All	Yes	Court	No
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-27.1-01(4)(a)	Obscenity--Definitions--Dissemination--Classification of offenses	In addition to the penalty provided in subsection 1, 2, or 3, any person who violates subsection 1, 2, or 3 in the course of a commercial or for-profit activity + See more or transaction in which the offender had or shared ownership, control, managerial responsibility, or a financial interest other than wages is subject to the following penalty: (1) For an individual, a fine not to exceed ten thousand dollars; or (2) For a corporation, limited liability company, association, partnership, or other legal entity, a fine not to exceed twenty-five thousand dollars.	$0.00 - $10000.00	Felony	Yes	Court	Court
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-27.1-01(4)(b)	Obscenity--Definitions--Dissemination--Classification of offenses	In addition to the penalty provided in subsection 1, 2, or 3, the court shall impose the following penalty upon the conviction of a person or entity described in subdivision + See more a for a second or subsequent offense under subsection 1, 2, or 3: (1) For an individual, a fine not to exceed fifty thousand dollars; or (2) For a corporation, limited liability company, association, partnership, or other legal entity, a fine not to exceed one hundred thousand dollars.	$0.00 - $50000.00	Felony	Yes	Court	Court
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-27.2-04.2(1)	Sexual performance by a minor - Enhanced penalties	Notwithstanding the provisions of sections 12.1-32-01 and 12.1-32-01.1 relating to fines, a person who commits an offense under this chapter and who acts in the course of a commercial or + See more for-profit activity or transaction in which the offender had or shared ownership, control, managerial responsibility, or a financial interest other than wages is subject to the following penalty: a. For an individual, a fine not to exceed ten thousand dollars; or b. For a corporation, limited liability company, association, partnership, or other legal entity, a fine not to exceed twenty-five thousand dollars.	$0.00 - $10000.00	All	Yes	Court	Court

Poverty Penalties and Poverty Traps

	State	Statute	Description/Statute Name	Statutory language	Type of poverty penalty or poverty trap	Level of offense	Mandatory
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-32-05(3)	Imposition of fine--Response to nonpayment	3. If the defendant does not pay the fine, or make any required partial payment, the court, upon motion of the prosecuting attorney or on its own motion, may issue + See more an order to show cause why the defendant should not be imprisoned for nonpayment. Unless the defendant shows that his default is excusable, the court may sentence him to the following periods of imprisonment for failure to pay a fine:a. If the defendant was convicted of a misdemeanor, to a period not to exceed thirty days. b. If the defendant was convicted of a felony, to a period not to exceed six months.	Incarceration	All	No
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-32-05(2)	Imposition of fine--Response to nonpayment	The court may allow the defendant to pay any fine imposed in installments. When a defendant is sentenced to pay a fine, the court shall not impose at the same + See more time an alternative sentence to be served in the event that the fine is not paid.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-32-05(3)	Imposition of fine--Response to nonpayment	If the defendant does not pay the fine, or make any required partial payment, the court, upon motion of the prosecuting attorney or on its own motion, may issue an + See more order to show cause why the defendant should not be imprisoned for nonpayment. Unless the defendant shows that his default is excusable, the court may sentence him to the following periods of imprisonment for failure to pay a fine: a. If the defendant was convicted of a misdemeanor, to a period not to exceed thirty days. b. If the defendant was convicted of a felony, to a period not to exceed six months.	Incarceration	All	No
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 29-26-22(4)	Judgment for fines--Court administration fee--Community service supervision fee--Special funds--Docketing and enforcement	...A judgment that the defendant pay a fine or fees, or both, may be docketed and if docketed constitutes a lien upon the real estate of the defendant in like + See more manner as a judgment for money rendered in a civil action. The court may allow the defendant to pay any assessed administration fee or community service supervision fee in installments. When a defendant is assessed administration fees or a community service supervision fee, the court may not impose at the same time an alternative sentence to be served if the fees are not paid.	Property liens	All	No
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 29-26-22.1	Judgment for fine or costs in criminal cases--Docketing and enforcement	The court may, within ten years of the date of entry of a judgment that imposes a fine or assesses costs against a defendant, order the judgment to be docketed + See more by the clerk of court in the judgment docket maintained pursuant to section 28-20-13 in the same manner in which a civil judgment for money is docketed. The docketing of the judgment has the same effect as the docketing of a civil judgment. The docketed judgment may be docketed in any other county in the same manner, it imposes a lien upon the real property owned by the defendant to the same extent, it is subject to the same statute of limitations, and it is enforceable by execution in the same manner as provided for a civil judgment for money.	Property liens	All	No
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 29-27-03	Judgment for imprisonment or as response to nonpayment of fine	If a judgment is for imprisonment, initially or as response to nonpayment of a fine in accordance with section 12.1-32-05, the defendant forthwith must be committed to the custody of + See more the proper officer and be detained by that officer until the judgment is complied with.	Incarceration	All	Yes
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 32-09.1-02	Creditors may proceed by garnishment	Any creditor is entitled to proceed by garnishment in any court having jurisdiction of the subject of the action against any person, any public corporation, the United States, the state + See more of North Dakota, or any institution, department, or agency of the state, indebted to or having any property in possession or under control, belonging to the creditor's debtor after securing a judgment against the debtor in a court of competent jurisdiction, in the cases, upon the conditions, and in the manner prescribed in this chapter. A garnishment action brought pursuant to this chapter is the exclusive procedure which may be used to execute on earnings of a debtor while those earnings are held by a third-party employer.	Wage/bank account garnishment	All	No
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 32-09.1-14	Default	If any garnishee who is duly summoned willfully fails to serve disclosure as required in this chapter, the court, upon proof by affidavit of the creditor, may render judgment against + See more the garnishee for an amount not exceeding the lesser of the plaintiff's judgment against the defendant or the retention amount as defined under section 32-09.1-07. The creditor shall serve the garnishee with a copy of the affidavit and a notice of intent to take default judgment. The court upon good cause shown may remove the default and permit the garnishee to disclose on terms as may be just.	Increased fine	All	No
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 40-11-12	Commitment of guilty person for nonpayment of fines or costs	Any person upon whom any fine or costs, or both, has been imposed for violation of a municipal ordinance may, after hearing, be committed upon order of the court to + See more jail or other place provided by the municipality for the incarceration of offenders until the fine or costs, or both, are fully paid or discharged by labor as provided in section 40-18-12. The court may not commit a person under this section when the sole reason for the person's nonpayment of fines or costs, or both, is the person's indigence. An order of commitment under this section shall not be for a period in excess of thirty days. As used in this section, “fine” does not include a fee established pursuant to subsection 2 of section 40-05-06.	Incarceration	All	No
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-32-08(1)	Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation	An order that a defendant make restitution or reparation as a sentence or condition of probation may, unless the court directs otherwise, be filed, transcribed, and enforced by the person + See more entitled to the restitution or reparation or by the division of adult services in the same manner as civil judgments rendered by the courts of this state may be enforced.	Other	All	Yes

Ability to Pay

	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
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-32-05(1)	Imposition of fine--Response to nonpayment	1. The court, in making a determination of the propriety of imposing a sentence to pay a fine, shall consider the following factors:a. The ability of the defendant to pay + See more without undue hardship. b. Whether the defendant, other than a defendant organization, gained money or property as a result of commission. c. Whether the sentence to pay a fine will interfere with the defendant's capacity to make restitution. d. Whether a sentence to pay a fine will serve a valid rehabilitative purpose.	All	ability of the defendant to pay without undue hardship	Before imposition of fine or fee	Not provided for	Not provided for	Yes	fine not imposed
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-32-08(1)	Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation	Before imposing restitution or reparation as a sentence or condition of probation, the court shall hold a hearing on the matter with notice to the prosecuting attorney and to the + See more defendant as to the nature and amount of restitution. The court, when sentencing a person adjudged guilty of criminal activities that have resulted in pecuniary damages, in addition to any other sentence the court may impose, shall order that the defendant make restitution to the victim or other recipient as determined by the court, unless the court states on the record, based upon the criteria in this subsection, the reason it does not order restitution or orders only partial restitution. Restitution must include payment to the owner of real property that is contaminated by the defendant in the manufacturing of methamphetamine for the cost of removing the contamination and returning the property to the property's condition before contamination and to any other person that has incurred costs in decontaminating the property. In determining whether to order restitution, the court shall take into account: a. The reasonable damages sustained by the victim or victims of the criminal offense, which damages are limited to those directly related to the criminal offense and expenses actually incurred as a direct result of the defendant's criminal action. This can include an amount equal to the cost of necessary and related professional services and devices relating to physical, psychiatric, and psychological care. The defendant may be required as part of the sentence imposed by the court to pay the prescribed treatment costs for a victim of a sexual offense as defined in chapters 12.1-20 and 12.1-27.2. b. The ability of the defendant to restore the fruits of the criminal action or to pay monetary reparations, or to otherwise take action to restore the victim's property. c. The likelihood that attaching a condition relating to restitution or reparation will serve a valid rehabilitational purpose in the case of the particular offender considered.The court shall fix the amount of restitution or reparation, which may not exceed an amount the defendant can or will be able to pay, and shall fix the manner of performance of any condition or conditions of probation established pursuant to this subsection. The court shall order restitution be paid to the division of adult services for any benefits the division has paid or may pay under chapter 54-23.4 unless the court, on the record, directs otherwise. Any payments made pursuant to the order must be deducted from damages awarded in a civil action arising from the same incident. An order that a defendant make restitution or reparation as a sentence or condition of probation may, unless the court directs otherwise, be filed, transcribed, and enforced by the person entitled to the restitution or reparation or by the division of adult services in the same manner as civil judgments rendered by the courts of this state may be enforced.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Not provided for
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-32-08(5)	Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation	If the court finds that the defendant is unable to pay a fine, supervision fee, reimbursement for indigent defense costs and expenses, or restitution or reparations, the court may order + See more the defendant to perform reasonable assigned work in lieu of all or part of a fine, a supervision fee, reimbursement for indigent defense costs and expenses, or restitution or reparations. The defendant may not perform reasonable assigned work in lieu of restitution or reparations unless the person entitled to restitution or reparations has consented in writing or on the record.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	reasonable assigned work in lieu of all or part of paynment
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 29-26-22.2	Authority to compromise judgment by county commissioners	The board of county commissioners has authority to compromise and settle any judgment for fines or costs payable to the county treasury after a lapse of two years from the + See more filing thereof, if in the opinion of said board said judgment cannot be collected in full. Upon receipt of a certified copy of the board's action, the state's attorney of said county shall in accordance therewith make and file a partial or total satisfaction of said judgment as attorney for the county.	All	Not provided for	Not provided for	Not provided for	Administrative decision	No	Not provided for
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 29-26-22(4)	Judgment for fines--Court administration fee--Community service supervision fee--Special funds--Docketing and enforcement	A court may waive the administration fee or community service supervision fee upon a showing of indigency as provided in section 25-03.1-13. District court administration fees, exclusive of amounts deposited + See more in the indigent defense administration fund and the court facilities and improvement fund, and forfeitures must be deposited in the state general fund. A judgment that the defendant pay a fine or fees, or both, may be docketed and if docketed constitutes a lien upon the real estate of the defendant in like manner as a judgment for money rendered in a civil action. The court may allow the defendant to pay any assessed administration fee or community service supervision fee in installments. When a defendant is assessed administration fees or a community service supervision fee, the court may not impose at the same time an alternative sentence to be served if the fees are not paid.	All	The statute refers to N.D. Cent. Code § 25-03.1-13(4), which contains a general provision about indigency: "If the court determines that the respondent is indigent, the court shall order that + See more appointed counsel be compensated from county funds of the county that is the respondent's place of residence in a reasonable amount based upon time and expenses. After notice and hearing, the court may order a respondent with appointed counsel to reimburse the county for expenditures made on the respondent's behalf."	Not provided for	Not provided for	Not provided for	No	Court may waive the administration fee or community service supervision fee.
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-32-08(1)	Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation	In determining whether to order restitution, the court shall take into account: . . . The ability of the defendant to restore the fruits of the criminal action or to + See more pay monetary reparations, or to otherwise take action to restore the victim's property. . . . The court shall fix the amount of restitution or reparation, which may not exceed an amount the defendant can or will be able to pay, and shall fix the manner of performance of any condition or conditions of probation established pursuant to this subsection.	All	ability of defendant to pay monetary reparations	Before imposition of fine or fee	Not provided for	Not provided for	Yes	amount of restitution shall not exceed ability to pay
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 27-01-10(3)	Fee assessments for funding crime victim and witness programs	The district or municipal judge may assess the fee when sentence is imposed or when sentence is suspended or imposition of sentence is deferred, unless the defendant is indigent and + See more unable to pay the fee.	All	indigent and unable to pay the fee	Before imposition of fine or fee	Not provided for	Not provided for	Yes	fee is not assessed
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 29-07-1.1	Payment of expenses for defense of indigents--Reimbursement of indigent defense costs and expenses--Indigent defense administration fund--Continuing appropriation	For an application for indigent defense services in the district court, a nonrefundable application fee of thirty-five dollars must be paid at the time the application is submitted. The district + See more court may extend the time for payment of the fee or may waive or reduce the fee if the court determines the defendant is financially unable to pay all or part of the fee.	All	financially unable to pay all or part of the fee	At enforcement of fine or fee	Not provided for	Not provided for	Yes	extend time for payment; reduce fee
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 29-26-22(4)	Judgment for fines--Court administration fee--Community service supervision fee--Special funds--Docketing and enforcement	A court may waive the administration fee or community service supervision fee upon a showing of indigence as provided in section 25-03.1-13.	All	indigence as provided in section 25-03.1-13	Before imposition of fine or fee	Not provided for	Not provided for	No	fee may be waived; defendant may be allowed to pay in installments
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-32-08(4)(a)	Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation	Under section 12.1-32-07, the court may order that the defendant reimburse indigent defense costs and expenses as a condition of probation. Unless it finds that there is no likelihood that + See more the defendant is or will be able to pay attorney's fees and expenses, the court, in its judgment of conviction, and in any order or amended judgment following a revocation or other postjudgment proceeding, shall notify the defendant, the defendant's probation officer, and the prosecuting attorney of the presumed amount of costs and expenses to be reimbursed, as determined by the commission on legal counsel for indigents, and of the right to a hearing on the reimbursement amount. The reimbursement amount must include an application fee imposed under section 29-07-01.1 if the fee has not been paid before disposition of the case and the court has not waived payment of the fee. If the defendant or prosecutor requests a hearing within thirty days of receiving notice under this subdivision, the court shall schedule a hearing at which the actual amount of attorney's fees and expenses must be shown. In determining the amount and method of reimbursement, the court shall consider the financial resources of the defendant and the nature of the burden that reimbursement of costs and expenses will impose.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	reimbursement is waived

Transparency

	State	Statute	Description/Statute Name	Statutory language	Type of obligation	Actor
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 29-26-22.1	Judgment for fine or costs in criminal cases ‑ Docketing and enforcement	The court may, within ten years of the date of entry of a judgment that imposes a fine or assesses costs against a defendant, order the judgment to be docketed + See more by the clerk of court in the judgment docket maintained pursuant to section 28-20-13 in the same manner in which a civil judgment for money is docketed. The docketing of the judgment has the same effect as the docketing of a civil judgment. The docketed judgment may be docketed in any other county in the same manner, it imposes a lien upon the real property owned by the defendant to the same extent, it is subject to the same statute of limitations, and it is enforceable by execution in the same manner as provided for a civil judgment for money.	Obligation to collect or record	All courts
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 27-05.2-06	Records maintenance and disposal	A clerk of district court shall maintain and dispose of court records in accordance with rules, policies, and procedures adopted by the supreme court.	Obligation to collect or record	All courts
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 29-26-22(4)	Judgment for fines--Court administration fee--Community service supervision fee--Special funds--Docketing and enforcement	A judgment that the defendant pay a fine or fees, or both, may be docketed and if docketed constitutes a lien upon the real estate of the defendant in like + See more manner as a judgment for money rendered in a civil action.	Obligation to collect or record	All courts
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-32-02.2(4)	Repayment of rewards paid by crimestoppers programs--Duties of attorney general--Qualified local programs--Disbursement of moneys collected	A judgment that includes a repayment of reward, either alone or in conjunction with section 29-26-22, may be docketed and thereafter constitutes a lien upon the real estate of the + See more defendant in the same manner as a judgment for money rendered in a civil action.	Obligation to collect or record	All courts
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-32-07(2)	Supervision of probationer--Conditions of probation--Revocation	The order may be filed, transcribed, and enforced by the department of corrections and rehabilitation in the same manner as civil judgments rendered by a district court of this state.	Obligation to collect or record	All courts
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-32-08(1)	Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation	An order that a defendant make restitution or reparation as a sentence or condition of probation may, unless the court directs otherwise, be filed, transcribed, and enforced by the person + See more entitled to the restitution or reparation or by the division of adult services in the same manner as civil judgments rendered by the courts of this state may be enforced.	Obligation to collect or record	All courts

Collections Infrastructure

	State	Statute	Description/Statute Name	Statutory language	Who may collect
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-32-02.2(1)	Repayment of rewards paid by crimestoppers programs--Duties of attorney general--Qualified local programs--Disbursement of moneys collected	The clerk of court may establish an account within which to deposit repayments of rewards and at least quarterly shall pay over to each qualified local program the sums that + See more have been collected for the benefit of that program.	All courts
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-32-08(2)	Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation	The state-employed clerks of district court shall remit the funds collected as costs under this subsection to the state treasurer for deposit in the restitution collection assistance fund. The funds + See more deposited into the restitution collection assistance fund are appropriated to the judicial branch on a continuing basis for the purpose of defraying expenses incident to the collection of restitution, including operating expenses and the compensation of additional necessary personnel. The state's attorneys and county-employed clerks of district court shall remit the funds collected as costs under this subsection to the county treasurer to be deposited in the county general fund	All courts
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 27-01-10(3)	Fee assessments for funding crime victim and witness programs	All fees paid to a district or municipal court under this section must be deposited monthly in the county or city treasury for allocation by the governing body of the + See more county or city to one or more of the following programs as determined by the governing body: a. A private, nonprofit domestic violence or sexual assault program. b. A victim and witness advocacy program of which the primary function is to provide direct services to victims of and witnesses to crime.	All courts
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 54-23.3-04	Director--Powers and duties	The director of the department of corrections and rehabilitation has the following powers and duties: . . . 15. To collect costs and fees from persons on correctional supervision for + See more the supervision services, control devices, and programs as implemented by the department to assist in making community corrections an effective alternative to incarceration. A person on active supervision is presumed able to pay assessed fees unless the director, giving due consideration to the fiscal obligations and resources of the probationer, determines otherwise. A person with the ability to pay assessed fees who refuses to pay must be returned to the court for a judicial determination. In addition to any other remedies allowed by law, the department may enforce and collect any unpaid supervision costs and fees imposed as a condition of parole, probation, or under a program implemented under this section in a civil judgment entered by a district court of this state and may employ licensed collection agencies to enforce and collect any unpaid supervision costs and fees. 16. To collect the costs of any presentence investigation and report incurred under subsection 11 of section 12.1-32-02, giving due consideration to the financial obligations and resources of the defendant.	Other

Revenue Flow

	State	Statute	Description/Statute Name	Statutory language	Who receives the funding	Other beneficiaries	Level of offense
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 29-27-02.1	Disposition of statutory fees, fines, forfeitures, pecuniary penalties, and bond forfeitures	Except as otherwise provided by law, all statutory fees, fines, forfeitures, and pecuniary penalties prescribed for a violation of state laws, when collected, must be paid into the treasury of + See more the proper county to be added to the state school fund. When any bail bond or other property or money deposited as bail is forfeited to the state, the proceeds collected therefrom must be paid over to the proper state official and credited to the state general fund.	State/statewide agency	schools	All
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12-48.1-03	Use of funds earned on work release	An offender shall use any funds earned in work release in the following order: support of dependents; for necessary expenses of the offender, including room and board costs of the + See more institution; any administration fee and fine; and restitution if a part of the sentence. Any balance must be deposited in the offender's account to be paid to the offender in accordance with section 12-48-15.	Other	N/A	All
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 54-23.4-05	Restitution funds, gifts, grants, and bequests--Restitution and gift fund	The division may accept on behalf of the state all restitution funds, gifts, grants, or bequests of property tendered to the state for any purpose pertaining to the activities of + See more the division in implementing this chapter. The crime victims restitution and gift fund is established as a special fund in the state treasury. All restitution funds, gifts, grants, and bequests of property or money, and any interest occurring thereon, must be placed in the crime victims restitution and gift fund. Subject to legislative appropriation, the fund may be used and disbursed by the division in accordance with the terms of the payment or donation or, if there are no terms, for costs and expenses incurred by the division in the implementation of this chapter.	State/statewide agency	N/A	All
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-32-08(2)	Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation	The state-employed clerks of district court shall remit the funds collected as costs under this subsection to the state treasurer for deposit in the restitution collection assistance fund. The funds + See more deposited into the restitution collection assistance fund are appropriated to the judicial branch on a continuing basis for the purpose of defraying expenses incident to the collection of restitution, including operating expenses and the compensation of additional necessary personnel.	State courts	N/A	All
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-32-08(1)	Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation	The court shall order restitution be paid to the division of adult services for any benefits the division has paid or may pay under chapter 54-23.4 unless the court, on + See more the record, directs otherwise	State/statewide agency	Division of adult services	All
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 27-01-10(3)	Fee assessments for funding crime victim and witness programs	All fees paid to a district or municipal court under this section must be deposited monthly in the county or city treasury for allocation by the governing body of the + See more county or city to one or more of the following programs as determined by the governing body: a. A private, nonprofit domestic violence or sexual assault program. b. A victim and witness advocacy program of which the primary function is to provide direct services to victims of and witnesses to crime.	Private actors	None	All
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 27-01-10(3)	Fee assessments for funding crime victim and witness programs	All fees paid to a district or municipal court under this section must be deposited monthly in the county or city treasury for allocation by the governing body of the + See more county or city to one or more of the following programs as determined by the governing body: a. A private, nonprofit domestic violence or sexual assault program. b. A victim and witness advocacy program of which the primary function is to provide direct services to victims of and witnesses to crime.	Private actors	None	All
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 29-07-01.1	Payment of expenses for defense of indigents--Reimbursement of indigent defense costs and expenses--Indigent defense administration fund--Continuing appropriation	Application fees collected under this subsection must be forwarded for deposit in the indigent defense administration fund established under subsection 4.	State courts	funds are for indigent defense	All
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 29-26-22(4)	Judgment for fines--Court administration fee--Community service supervision fee--Special funds--Docketing and enforcement	District court administration fees, exclusive of amounts deposited in the indigent defense administration fund and the court facilities and improvement fund, and forfeitures must be deposited in the state general + See more fund.	State/statewide agency	None	All
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 29-26-22(2)	Judgment for fines--Court administration fee--Community service supervision fee--Special funds--Docketing and enforcement	Of the additional one hundred dollar court administration fee, the first seven hundred fifty thousand dollars collected per biennium must be deposited in the indigent defense administration fund, which must + See more be used for indigent defense services in this state, and the next four hundred sixty thousand dollars collected per biennium must be deposited in the court facilities improvement and maintenance fund. After the minimum thresholds have been collected, one-half of the additional court administration fee must be deposited in each fund.	State courts	statute provides waterfall allocating $ b/t indigent defense fund and court facilities fund	All

Court Rules

	State	Citation	Description/Statute Name	Language from the rule	When does the rule apply?
Add to Dashboard + Create New	North Dakota	N.D.R.Crim.P. 1	Scope and Exceptions	(4) Other Proceedings. These rules do not apply to: . . . (C) the collection of fines and penalties;	Fines and fees
Add to Dashboard + Create New	North Dakota	N.D.R.Crim.P. 11	Pleas	(1) The court may not accept a plea of guilty without first, by addressing the defendant personally [except as provided in Rule 43(b)] in open court, informing the defendant of + See more and determining that the defendant understands the following: . . . (G) any maximum possible penalty, including imprisonment, fine, and mandatory fee;	Fines and fees
Add to Dashboard + Create New	North Dakota	N.D.R.Crim.P. 38	Stay of Execution and Relief Pending Review	(b) Fine. If the defendant appeals, the court may stay a sentence to pay a fine, fee or costs. The court may stay the sentence on any terms considered appropriate + See more and may require the defendant to: (1) deposit all or part of the fine, fee or costs with the clerk; (2) post a bond to pay the fine, fee or costs; or (3) submit to an examination concerning the defendant's assets and, if appropriate, order the defendant to refrain from dissipating assets.	Fines and fees

Structure of Courts

	State	Statute	Description/Statute Name	Statutory language	Court/legal body	Function
Add to Dashboard + Create New	North Dakota	N.D. Const. art. VI, § 1	Courts, generally	The judicial power of the state is vested in a unified judicial system consisting of a supreme court, a district court, and such other courts as may be provided by + See more law.	Courts generally	Creation of the courts
Add to Dashboard + Create New	North Dakota	N.D. Const. art. VI, § 2	Supreme Court	The supreme court shall be the highest court of the state. It shall have appellate jurisdiction, and shall also have original jurisdiction with authority to issue, hear, and determine such + See more original and remedial writs as may be necessary to properly exercise its jurisdiction. The supreme court shall consist of five justices, one of whom shall be designated chief justice in the manner provided by law.	Supreme Court	Jurisdiction of the courts
Add to Dashboard + Create New	North Dakota	N.D. Const. art. VI, § 8	District Courts	The district court shall have original jurisdiction of all causes, except as otherwise provided by law, and such appellate jurisdiction as may be provided by law or by rule of + See more the supreme court. The district court shall have authority to issue such writs as are necessary to the proper exercise of its jurisdiction.	District Courts	Jurisdiction of the courts
Add to Dashboard + Create New	North Dakota	N.D. Const. art. VI, § 9	District Courts	The state shall be divided into judicial districts by order of the supreme court. . . .	District Courts	Creation of the courts
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 27-02-04	Supreme Court	The supreme court may exercise appellate jurisdiction only, except when otherwise specially provided by law or by the constitution. Such court, in the exercise of its original jurisdiction, may issue + See more writs of habeas corpus, mandamus, quo warranto, certiorari, and injunction. In the exercise of its appellate jurisdiction, and in its superintending control over inferior courts, it may issue such original and remedial writs as are necessary to the proper exercise of such jurisdiction. Such court shall exercise its original jurisdiction only in habeas corpus cases and in such cases of strictly public concern as involve questions affecting the sovereign rights of this state or its franchises or privileges.	Supreme Court	Jurisdiction of the courts
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 27-02.1-01	Court of Appeals	A temporary court of appeals is established to exercise appellate and original jurisdiction as delegated by the supreme court. Panels of the temporary court of appeals may issue original and + See more remedial writs necessary to properly exercise jurisdiction in cases assigned to them. The panels of the temporary court of appeals are subject to administration by the supreme court pursuant to sections 3 and 8 of article VI of the Constitution of North Dakota.	Court of Appeals	Creation of the courts
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 27-02.1-03	Court of Appeals	Panels of the temporary court of appeals have jurisdiction to hear and to decide all cases assigned by the supreme court.	Court of Appeals	Jurisdiction of the courts
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 27-05-00.1	District Courts	1. Following the completion on January 1, 1995, of the terms of the judges of all county courts, the county court and office of judge of the county court in + See more each county are abolished. 2. District court judgeships are established on January 2, 1995, in number equal to the number of county judges serving the county courts on January 1, 1991, or the number of county judges serving the county courts on January 1, 1994, whichever is the lesser number. . . . All statutes relating to the district court apply to the district court judgeships established pursuant to this subsection, except as otherwise provided by this section. 3. The supreme court shall designate by rule, prior to January 1, 1994, the judicial district for each additional district court judgeship established pursuant to subsection 2. The judicial district designated by the supreme court for each district court judgeship established pursuant to subsection 2 is the area of election for that office at the general election in 1994. . . .	District Courts	Creation of the courts
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 27-05-06	District Courts	The district courts of this state have the general jurisdiction conferred upon the courts by the constitution, and in the exercise of that jurisdiction the courts have power to issue + See more all writs, process, and commissions provided therein or by law or which may be necessary for the due execution of the powers with which the courts are vested. The courts have: 1. Common-law jurisdiction and authority within their respective judicial districts for the redress of all wrongs committed against the laws of this state affecting persons or property. 2. Power to hear and determine all civil actions and proceedings. 3. All the powers, according to the usages of courts of law and equity, necessary to the full and complete jurisdiction of the causes and parties and the full and complete administration of justice, and to carrying into effect the courts' judgments, orders, and other determinations, subject to a re-examination by the supreme court as provided by law. 4. Jurisdiction of appeals from all final judgments of municipal judges and from the determinations of inferior officers, boards, or tribunals, in the cases and pursuant to the regulations as may be prescribed by law. 5. Disputed property line proceedings pursuant to section 11-20-14.1. 6. Power to hear and determine all actions and proceedings arising from the enforcement of county home rule charter ordinances.	District Courts	Jurisdiction of the courts
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 27-05-22	District Courts	No judge of a district court of this state may hear or determine any action, special proceeding, motion, or application, or make any order, or give any judgment, in any + See more action or proceeding pending or about to be commenced in a judicial district other than the one for which that judge was elected, except . . . .	District Courts	Jurisdiction of the courts

Case Law

	State	Citation	Question	Brief Answer	Language from the opinion	When does the case apply?
Add to Dashboard + Create New	North Dakota	State v. Kottenbroch, 319 N.W.2d 465 (N.D. 1982)	Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof, + See more the sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).	While the North Dakota Supreme Court has not expressly delineated what the ND constitution requires for an ability to pay hearing, it applied Fuller in holding that the current recoupment + See more statute is valid.	Kottenbroch's fourth argument is that the recoupment statute violates due process because it does not provide the defendant with any type of hearing. Before probation may be revoked, however, the + See more defendant must be given a hearing pursuant to Rule 32(f), N.D.R.Crim.P. At the hearing, the prosecution must establish by a preponderance of the evidence that a violation of a condition of probation has occurred. In this case the prosecution would have to prove that Kottenbroch was capable of, but unwilling to, repay the costs of his court-appointed counsel. Such a construction will prevent invidious discrimination between a probationer capable of repaying the costs of his attorney and one incapable of such repayment. Fuller v. Oregon, 417 U.S. at 48, fn. 9, 94 S.Ct. at 2122, fn. 9.	Ability to pay
Add to Dashboard + Create New	North Dakota	State v. Kottenbroch, 319 N.W.2d 465 (N.D. 1982)	Are there limits to the state’s ability to recoup fees for counsel under the state constitution?	As noted above, Kottenbroch indicates that a hearing is required.	Kottenbroch's fourth argument is that the recoupment statute violates due process because it does not provide the defendant with any type of hearing. Before probation may be revoked, however, the + See more defendant must be given a hearing pursuant to Rule 32(f), N.D.R.Crim.P. At the hearing, the prosecution must establish by a preponderance of the evidence that a violation of a condition of probation has occurred. In this case the prosecution would have to prove that Kottenbroch was capable of, but unwilling to, repay the costs of his court-appointed counsel. Such a construction will prevent invidious discrimination between a probationer capable of repaying the costs of his attorney and one incapable of such repayment. Fuller v. Oregon, 417 U.S. at 48, fn. 9, 94 S.Ct. at 2122, fn. 9.	Fines and fees
Add to Dashboard + Create New	North Dakota	State v. Thorstad, 261 N.W.2d 899 (N.D. 1978)	Other applicable case law	Defendant who agrees to pay restitution in plea bargain has no right to ability to pay determination under N.D. Cent. Code § 12.1-32-08.	After serious deliberation, we conclude that the provisions of s 12.1-32-08, NDCC, apply in situations where the defendant either is found guilty or pleaded guilty to a criminal charge and + See more the amounts or the issues of restitution or reparation are uncertain or are in dispute. However, we do not believe it applies where restitution or reparation was resolved by agreement with the defendant through plea-bargaining procedures even though the specific amount is not known and is to be determined later. When a defendant agrees to pay for the damage he caused and has a general idea of the amount, but not the specific amount in dollars and cents, which is to be determined later, he cannot later claim in the absence of fraud, that he was not made aware of the amount or that he did not agree to the amount. After a voluntary agreement has been reached on the issues of restitution and reparation it would be a useless gesture to proceed under s 12.1-32-08, NDCC. We do not believe that justice requires the performance of an idle act (s 31-11-05(23), NDCC), which it would be to require a restitution or reparation hearing after the defendant has agreed to make restitution or reparation, as the case may be.	Ability to pay
Add to Dashboard + Create New	North Dakota	State v. Nordahl, 680 N.W.2d 247 (N.D. 2004)	Other applicable case law	Where defendant agrees to pay restitution in plea bargain, probation can be revoked for failure to pay restitution, even if defendant was genuinely unable to pay	Nordahl's situation is sufficiently distinguishable from the Bearden case. In Bearden, the defendant did not agree to the restitution as part of a plea agreement; rather, restitution was imposed by + See more the court as a part of Bearden's sentence. Id. at 662, 103 S.Ct. 2064. . . . The crux of the decision in Bearden rested on good faith. Id. Unlike Bearden, but similar to the defendant in Mitchell, Nordahl knew his financial situation before he entered into the plea agreement with the State's Attorney. Nordahl was in a position to know the nature and extent of his finances and to evaluate his ability to pay the restitution obligation. Prior to entering the plea agreement, Nordahl knew of the encumbrances on his farm and other property. In his affidavit, Nordahl stated it was his intention to sell the bus to satisfy a portion of the restitution and to sell part of his farm property to satisfy the rest of the obligation. Presumably, Nordahl was aware that the outstanding obligations to the bank would go unfulfilled if he paid the restitution obligation in full or, in the alternative, the bank would lose its collateral.	Ability to pay