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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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Pennsylvania | 18 Pa. Stat. Ann. § 1101(1) | Fine for murder or attempted murder | A person convicted of an offense may be sentenced to pay a fine not exceeding $50,000, when the conviction is of murder or attempted murder | $0 - $50000 | Felony | No | Court | No |
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Pennsylvania | 18 Pa. Stat. Ann. § 1101(2) | Fine for felony of the first or second degree |
A person who has been convicted of an offense may be sentenced to pay a fine not exceeding $25,000 when the conviction is of a felony of the first or + See moresecond degree
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$0 - $25000 | Felony | No | Court | No |
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Pennsylvania | 18 Pa. Stat. Ann. § 1101(3) | Fine for felony of the third degree | A person who has been convicted of an offense may be sentenced to pay a fine not exceeding $15,000 when the conviction is of a felony of the third degree | $0 - $15000 | Felony | No | Court | No |
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Pennsylvania | 18 Pa. Stat. Ann. § 1101(4) | Fine for first degree misdemeanor | A person who has been convicted of an offense may be sentenced to pay a fine not exceeding $10,000 when the conviction is of a misdemeanor of the first degree | $0 - $10000 | Misdemeanor | No | Court | No |
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Pennsylvania | 18 Pa. Stat. Ann. § 1101(5) | Fine for second degree misdemeanor | A person who has been convicted of an offense may be sentenced to pay a fine not exceeding $5,000 when the conviction is of a misdemeanor of the second degree | $0 - $5000 | Misdemeanor | No | Court | No |
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Pennsylvania | 18 Pa. Stat. Ann. § 1101(6) | Fine for third degree misdemeanor | A person who has been convicted of an offense may be sentenced to pay a fine not exceeding $2,500 when the conviction is a misdemeanor of the third degree | $0 - $2500 | Misdemeanor | No | Court | No |
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Pennsylvania | 18 Pa. Stat. Ann. § 1101(7) | Fine for summary offense |
A person who has been convicted of an offense may be sentenced to pay a fine not exceeding $300 when the conviction is of a summary offense for which no + See morehigher fine is established
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$0 - $300 | No | Court | No | |
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Pennsylvania | 18 Pa. Stat. Ann. § 1101(8) | Fine for pecuniary gain |
A person who has been convicted of an offense may be sentenced to pay a fine not exceeding Any higher amount equal to double the pecuniary gain derived from the + See moreoffense by the offender.
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Amount double the pecuniary gain derived from the offense by the offender.
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All | No | Court | No |
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Pennsylvania | 18 Pa. Stat. Ann §1109 | Cost for reward | In addition to any other sentence imposed, the court may order an offender to pay the cost of any reward paid for the apprehension and conviction of the offender. |
Cost of any award
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All | No | Court | No |
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Pennsylvania | 18 Pa. Stat. Ann. § 2101 | Fine for failure to display flag in clean condition |
The offense is punishable in a summary conviction by a fine not exceeding $100 for each such offense and, in default of payment of such fine and costs, imprisonment not + See moreexceeding thirty days.
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$0 - $100 | Yes | Court | No |
State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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Pennsylvania | 42 Pa. Stat. Ann. § 4137 | Contempt powers of Magisterial District Judges |
(a) General rule.-- A magisterial district judge shall have the power to issue attachments and impose summary punishments for criminal contempts of a magisterial district judge court in the + See morefollowing cases:(1) Misbehavior of any person in the presence of the court, thereby obstructing the administration of justice.
(2) Failure of a person to obey lawful process in the nature of a subpoena issued by a magisterial district judge.
(3) Failure to comply with an order of a magisterial district judge directing a defendant in a criminal proceeding to compensate the victim of the criminal conduct for the damage or injury sustained by the victim.
(4) Failure to comply with an order of a magisterial district judge directing a defendant in a criminal proceeding to pay fines and costs in accordance with an installment payment order.
(5) Violation of an order issued pursuant to 23 Pa.C.S. § 6110 (relating to emergency relief by minor judiciary).
(c) Punishment - Punishment for contempt specified in subsection (a)(1) or (3) may be a fine of not more than $100 or imprisonment for not more than 30 days, or both. Punishment for contempt specified in subsection (a)(2) shall be a fine of not more than $100. Failure to pay within a reasonable time could result in imprisonment for not more than ten days. Punishment for contempt specified in subsection (a)(5) shall be in accordance with that specified in 23 Pa.C.S. § 6114(b) (relating to contempt for violation of order or agreement). Punishment for contempt in subsection (a)(4) would be imprisonment for not more than 90 days.
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Incarceration | All | No |
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Pennsylvania | 42 Pa. Stat. Ann. § 4137 | Contempt powers of Magisterial District Judges |
(a) General rule.-- A magisterial district judge shall have the power to issue attachments and impose summary punishments for criminal contempts of a magisterial district judge court in the + See morefollowing cases:(1) Misbehavior of any person in the presence of the court, thereby obstructing the administration of justice.
(2) Failure of a person to obey lawful process in the nature of a subpoena issued by a magisterial district judge.
(3) Failure to comply with an order of a magisterial district judge directing a defendant in a criminal proceeding to compensate the victim of the criminal conduct for the damage or injury sustained by the victim.
(4) Failure to comply with an order of a magisterial district judge directing a defendant in a criminal proceeding to pay fines and costs in accordance with an installment payment order.
(5) Violation of an order issued pursuant to 23 Pa.C.S. § 6110 (relating to emergency relief by minor judiciary).
(c) Punishment - Punishment for contempt specified in subsection (a)(1) or (3) may be a fine of not more than $100 or imprisonment for not more than 30 days, or both. Punishment for contempt specified in subsection (a)(2) shall be a fine of not more than $100. Failure to pay within a reasonable time could result in imprisonment for not more than ten days. Punishment for contempt specified in subsection (a)(5) shall be in accordance with that specified in 23 Pa.C.S. § 6114(b) (relating to contempt for violation of order or agreement). Punishment for contempt in subsection (a)(4) would be imprisonment for not more than 90 days.
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Increased fine | All | No |
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Pennsylvania | 42 Pa. Stat. Ann. § 4138 | Contempt powers of Pittsburgh Magistrates Court |
(a) General Rule.— The Pittsburgh Magistrates Court shall have the power to issue attachments and impose summary punishments for criminal contempts in the following cases:(1) Misbehavior of any person in + See morethe presence of the court thereby obstructing the administration of justice.
(2) Failure of a person to obey lawful process in the nature of a subpoena issued by a judge of the Pittsburgh Magistrate Court.
(3) Failure to comply with an order of a judge of the Pittsburgh Magistrates Court directing a defendant in a criminal proceeding to pay fines and costs in accordance with an installment payment order.
(c) Punishment.— Punishment for contempt specified in subsection (a)(1) or (3) may be a fine of not more than $100 or to imprisonment for not more than 30 days, or both. Punishment for contempt specified in subsection (a)(2) shall be a fine of not more than $100. Failure to pay within a reasonable time could result in imprisonment for not more than ten days.
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Incarceration | All | No |
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Pennsylvania | 42 Pa. Stat. Ann. § 4138 | Contempt powers of Pittsburgh Magistrates Court |
(a) General Rule.— The Pittsburgh Magistrates Court shall have the power to issue attachments and impose summary punishments for criminal contempts in the following cases:(1) Misbehavior of any person in + See morethe presence of the court thereby obstructing the administration of justice.
(2) Failure of a person to obey lawful process in the nature of a subpoena issued by a judge of the Pittsburgh Magistrate Court.
(3) Failure to comply with an order of a judge of the Pittsburgh Magistrates Court directing a defendant in a criminal proceeding to pay fines and costs in accordance with an installment payment order.
(c) Punishment.— Punishment for contempt specified in subsection (a)(1) or (3) may be a fine of not more than $100 or to imprisonment for not more than 30 days, or both. Punishment for contempt specified in subsection (a)(2) shall be a fine of not more than $100. Failure to pay within a reasonable time could result in imprisonment for not more than ten days.
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Incarceration | All | No |
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Pennsylvania | 42 Pa. Stat. Ann. § 4139 | Contempt powers of Traffic Court of Philadelphia |
(a) General rule.— The Traffic Court of Philadelphia shall have the power to issue attachments and impose summary punishments for criminal contempts in the following cases:(1) Misbehavior of any person + See morein the presence of the court thereby obstructing the administration of justice.
(2) Failure of a person to obey lawful process in the nature of a subpoena issued by a traffic court judge.
(3) Failure to comply with an order of a traffic court judge directing a defendant in a criminal proceeding to pay fines and costs in accordance with an installment payment order.
(c) Punishment.— Punishment for contempt specified in subsection (a)(1) or (3) may be a fine of not more than $100 or to imprisonment for not more than 30 days, or both. Punishment for contempt specified in subsection (a)(2) shall be a fine of not more than $100. Failure to pay within a reasonable time could result in imprisonment for not more than ten days.
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Incarceration | Traffic | No |
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Pennsylvania | 42 Pa. Stat. Ann. § 4139 | Contempt powers of Traffic Court of Philadelphia |
(a) General rule.— The Traffic Court of Philadelphia shall have the power to issue attachments and impose summary punishments for criminal contempts in the following cases:(1) Misbehavior of any person + See morein the presence of the court thereby obstructing the administration of justice.
(2) Failure of a person to obey lawful process in the nature of a subpoena issued by a traffic court judge.
(3) Failure to comply with an order of a traffic court judge directing a defendant in a criminal proceeding to pay fines and costs in accordance with an installment payment order.
(c) Punishment.— Punishment for contempt specified in subsection (a)(1) or (3) may be a fine of not more than $100 or to imprisonment for not more than 30 days, or both. Punishment for contempt specified in subsection (a)(2) shall be a fine of not more than $100. Failure to pay within a reasonable time could result in imprisonment for not more than ten days.
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Increased fine | Traffic | No |
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Pennsylvania | Pa. R. Crim. P. 142 | Procedures Governing Defaults in Payment of Fine Imposed as Punishment for Contempt; if found able to pay |
(A) If a contemnor defaults on the payment of a fine imposed as punishment for contempt pursuant to Rule 140(A)(1) and (B)(3), the issuing authority shall notify the contemnor in + See moreperson or by first class mail that within 10 days of the date on the default notice the contemnor must either: (1) pay the amount due as ordered, or (2) appear before the issuing authority to explain why the contemnor should not be imprisoned for nonpayment as provided by law, or a bench warrant for the contemnor's arrest shall be issued. (B) When the contemnor appears either in response to the paragraph (A)(2) notice or following an arrest with a warrant issued pursuant to paragraph (A), the issuing authority shall conduct a hearing to determine whether the contemnor is financially able to pay as ordered. (1) Upon a determination that the defendant is financially able to pay as ordered, the issuing authority may impose imprisonment for nonpayment, as provided by law. (2) Upon a determination that the contemnor is financially unable to pay as ordered, the issuing authority may order a schedule for installment payments. (C) A contemnor may appeal an issuing authority's determination pursuant to this rule by filing a notice of appeal within 30 days of the issuing authority's order. The appeal shall proceed as provided in Rule 141.
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Incarceration | All | Yes |
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Pennsylvania | Pa. R. Crim. P. 142 | Procedures Governing Defaults in Payment of Fine Imposed as Punishment for Contempt; if found unable to pay |
(A) If a contemnor defaults on the payment of a fine imposed as punishment for contempt pursuant to Rule 140(A)(1) and (B)(3), the issuing authority shall notify the contemnor in + See moreperson or by first class mail that within 10 days of the date on the default notice the contemnor must either: (1) pay the amount due as ordered, or (2) appear before the issuing authority to explain why the contemnor should not be imprisoned for nonpayment as provided by law, or a bench warrant for the contemnor's arrest shall be issued. (B) When the contemnor appears either in response to the paragraph (A)(2) notice or following an arrest with a warrant issued pursuant to paragraph (A), the issuing authority shall conduct a hearing to determine whether the contemnor is financially able to pay as ordered. (1) Upon a determination that the defendant is financially able to pay as ordered, the issuing authority may impose imprisonment for nonpayment, as provided by law. (2) Upon a determination that the contemnor is financially unable to pay as ordered, the issuing authority may order a schedule for installment payments. (C) A contemnor may appeal an issuing authority's determination pursuant to this rule by filing a notice of appeal within 30 days of the issuing authority's order. The appeal shall proceed as provided in Rule 141.
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Payment plan/installment plan | All | Yes |
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Pennsylvania | 42 Pa. Stat. Ann. § 9758 | Fine- installment plan |
Except for fines imposed under Title 34 (relating to game), the court may permit installment payments as it considers appropriate to the circumstances of the defendant, in which case its + See moreorder shall specify when each installment payment is due. Installment payments for fines imposed for summary offenses under Title 34 shall not exceed one year for summary offenses and, except for 34 Pa.C.S. § 2522 (relating to shooting at or causing injury to human beings), shall not exceed two years for misdemeanor offenses.
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Payment plan/installment plan | All | No |
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Pennsylvania | 42 Pa. Stat. Ann. § 9728(a) | Collection - interest |
Except as provided in subsection (b)(5), all restitution, reparation, fees, costs, fines and penalties shall be collected by the county probation department or other agent designated by the county commissioners + See moreof the county with the approval of the president judge of the county for that purpose in any manner provided by law. However, such restitution, reparation, fees, costs, fines and penalties are part of a criminal action or proceeding and shall not be deemed debts. A sentence, pretrial disposition order or order entered under section 6352 (relating to disposition of delinquent child) for restitution, reparation, fees, costs, fines or penalties shall, together with interest and any additional costs that may accrue, be a judgment in favor of the probation department upon the person or the property of the person sentenced or subject to the order.
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Collection fee/interest | 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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Pennsylvania | Pa. R. Crim. P. 706 | Fines or Costs |
(A) A court shall not commit the defendant to prison for failure to pay a fine or costs unless it appears after hearing that the defendant is financially able + See moreto pay the fine or costs.
(B) When the court determines, after hearing, that the defendant is without the financial means to pay the fine or costs immediately or in a single remittance, the court may provide for payment of the fines or costs in such installments and over such period of time as it deems to be just and practicable, taking into account the financial resources of the defendant and the nature of the burden its payments will impose, as set forth in paragraph (D) below.
(C) The court, in determining the amount and method of payment of a fine or costs shall, insofar as is just and practicable, consider the burden upon the defendant by reason of the defendant’s financial means, including the defendant’s ability to make restitution or reparations.
(D) In cases in which the court has ordered payment of a fine or costs in installments, the defendant may request a rehearing on the payment schedule when the defendant is in default of a payment or when the defendant advises the court that such default is imminent. At such hearing, the burden shall be on the defendant to prove that his or her financial condition has deteriorated to the extent that the defendant is without the means to meet the payment schedule. Thereupon the court may extend or accelerate the payment schedule or leave it unaltered, as the court finds to be just and practicable under the circumstances of record. When there has been default and the court finds the defendant is not indigent, the court may impose imprisonment as provided by law for nonpayment.
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All |
financial means to pay, taking account of financial resources and nature of burden |
Not provided for | Burden on defendant to show inability to pay | Not provided for | Yes |
Installment Plans |
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Pennsylvania | 42 Pa. Stat. Ann. § 9726 | Fine |
The court shall not sentence a defendant to pay a fine unless it appears of record that:(1) the defendant is or will be able to pay the fine; and(2) the + See morefine will not prevent the defendant from making restitution or reparation to the victim of the crime.(d) Financial resources.--In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose.
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All |
financial means to pay, taking account of financial resources and nature of burden |
Not provided for | Not provided for | Not provided for | Yes |
waiver of fine |
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Pennsylvania | 42 Pa. Stat. Ann. § 9730 | Payment of Court Costs, Restitution, and Fines |
If a defendant defaults in the payment of a fine, court costs or restitution after imposition of sentence, the issuing authority or a senior judge or senior magisterial district judge + See moreappointed by the president judge for the purposes of this section may conduct a hearing to determine whether the defendant is financially able to pay. . . If the issuing authority, senior judge or senior magisterial district judge determines that the defendant is without the financial means to pay the fine or costs immediately or in a single remittance, the issuing authority, senior judge or senior magisterial district judge may provide for payment in installments. In determining the appropriate installments, the issuing authority, senior judge or senior magisterial district judge shall consider the defendant's financial resources, the defendant's ability to make restitution and reparations and the nature of the burden the payment will impose on the defendant. If the defendant is in default of a payment or advises the issuing authority, senior judge or senior magisterial district judge that default is imminent, the issuing authority, senior judge or senior magisterial district judge may schedule a rehearing on the payment schedule. At the rehearing the defendant has the burden of proving changes of financial condition such that the defendant is without the means to meet the payment schedule. The issuing authority, senior judge or senior magisterial district judge may extend or accelerate the schedule, leave it unaltered or sentence the defendant to a period of community service as the issuing authority, senior judge or senior magisterial district judge finds to be just and practicable under the circumstances.
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All |
financial means to pay, taking account of financial resources and nature of burden |
At enforcement of fine or fee | Burden on defendant to show inability to pay | Not provided for | No |
extension or acceleration of payment schedule; community service |
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Pennsylvania | 18 Pa. Stat. Ann. § 7508.1(b) | Substance Abuse Education and Demand Reduction Fund. |
Unless the court finds that undue hardship would result, a mandatory cost of $100, which shall be in addition to any other costs imposed pursuant to statutory authority, shall automatically + See morebe assessed on any individual convicted, adjudicated delinquent or granted Accelerated Rehabilitative Disposition or any individual who pleads guilty or nolo contendere for a violation of the act of April 14, 1972 (P.L. 233, No. 64)1, known as The Controlled Substance, Drug, Device and Cosmetic Act, or a violation of 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance).
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All | Not provided for | Not provided for | Not provided for | Not provided for | Yes |
not specified |
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Pennsylvania | 18 Pa. Stat. Ann. § 1106 | Restitution for injuries to person or property |
At the time of sentencing the court shall specify the amount and method of restitution. In determining the amount and method of restitution, the court: (i) Shall consider the extent + See moreof injury suffered by the victim, the victim's request for restitution as presented to the district attorney in accordance with paragraph (4) and such other matters as it deems appropriate. (ii) May order restitution in a lump sum, by monthly installments or according to such other schedule as it deems just. (iii) Shall not order incarceration of a defendant for failure to pay restitution if the failure results from the offender's inability to pay.
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All | Not provided for | Not provided for | Not provided for | Not provided for | Yes |
payment plan |
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Pennsylvania | 18 Pa. Stat. Ann. § 11.1102 | Costs for offender supervision programs |
1) For offenders under supervision of a county probation department or the board as of August 14, 1991, the fee shall automatically become a part of the supervision conditions as + See moreif the court or board had imposed it unless the court or board makes a finding that the offender is presently unable to pay.(2) The court or board may make a finding that the offender is unable to pay based on any of the following factors: (i) The offender has diligently attempted but has been unable to obtain employment that provides the offender sufficient income to make such payments. (ii) The offender is a student in a school, a college, a university or a course of vocational or technical training designed to fit the student for gainful employment. (iii) The offender has an employment handicap as determined by an examination acceptable to or ordered by the court or board. (iv) The offender's age prevents employment. (v) The offender is responsible for the support of dependents, and the payment of the assessment constitutes an undue hardship on the offender.(vi) Other extenuating circumstances as determined by the court or board.
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All |
1) For offenders under supervision of a county probation department or the board as of August 14, 1991, the fee shall automatically become a part of the supervision conditions as if the court or board had imposed it unless the court or board makes a finding that the offender is presently unable to pay.(2) The court or board may make a finding that the offender is unable to pay based on any of the following factors: (i) The offender has diligently attempted but has been unable to obtain employment that provides the offender sufficient income to make such payments. (ii) The offender is a student in a school, a college, a university or a course of vocational or technical training designed to fit the student for gainful employment. (iii) The offender has an employment handicap as determined by an examination acceptable to or ordered by the court or board. (iv) The offender's age prevents employment. (v) The offender is responsible for the support of dependents, and the payment of the assessment constitutes an undue hardship on the offender.(vi) Other extenuating circumstances as determined by the court or board.
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Not provided for | Burden on defendant to show inability to pay | Not provided for | Yes | Not provided for |
State | Statute | Description/Statute Name | Statutory language | Type of obligation | Actor | |
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Pennsylvania | Pa. R. Crim. P. 140 | Fine for murder or attempted murder |
If the issuing authority finds contempt and imposes punishment, the issuing authority shall issue a written order of contempt setting forth: (a) the facts of the case that constitute the + See morecontempt; (b) the punishment imposed, and the date on which the contemnor is to pay any fine or to appear for the execution of any punishment of imprisonment; and (c) the information specified in paragraph (B)2.b(2). (4) The order of contempt shall be signed by the issuing authority, and a copy given to the contemnor. (5) Whether or not the issuing authority finds an individual in contempt for failure to comply with an order to pay restitution or to pay fines and costs, the issuing authority may alter or amend the order. If the issuing authority alters or amends the order, the issuing authority shall: (a) issue a written order setting forth the amendments and the reasons for the amendments, make the order a part of the transcript, and give a copy of the order to the defendant; and (b) advise the defendant that the defendant has 30 days within which to file a notice of appeal of the altered or amended order pursuant to Rule 141. c. The issuing authority shall not hold a contempt hearing in the absence of the alleged contemnor. If the alleged contemnor fails to appear for the contempt hearing, the issuing authority may continue the hearing and issue a bench warrant.
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Obligation to collect or record | All courts |
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Pennsylvania | 42 Pa. Stat. Ann. § 9728 | Collection - clerk obligation to record |
The county clerk of courts shall, upon sentencing, pretrial disposition or other order, transmit to the prothonotary certified copies of all judgments for restitution, reparation, fees, costs, fines and penalties + See morewhich, in the aggregate, exceed $1,000, and it shall be the duty of each prothonotary to enter and docket the same of record in his office and to index the same as judgments are indexed, without requiring the payment of costs as a condition precedent to the entry thereof.
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Obligation to collect or record | Clerk |
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Pennsylvania | 42 Pa. Stat. Ann.§ 9728(b.1) | Restitution file |
Upon receipt of each order from the clerk of courts as provided in subsection (b)(3), the department of probation of the respective county or other agent designated by the county + See morecommissioners of the county with the approval of the president judge of the county shall open a restitution file for the purposes of recording the amounts of restitution deducted by the Department of Corrections or county correctional facility or collected by the department of probation or the agent designated by the county commissioners of the county with the approval of the president judge of the county
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Obligation to collect or record | Supervision agency |
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Pennsylvania | 65 Pa. Stat. Ann. §§67.701; 65 Pa. Stat. Ann. §§67.702; 65 Pa. Stat. Ann. §§67.703; 65 Pa. Stat. Ann. §§67.901 | Commonwealth of Pennsylvania Right to Know Law |
Section 701. Access.
(a) General rule. — Unless otherwise provided by law, a public record, legislative record or financial record shall be accessible for inspection and duplication in accordance with this + See moreact. A record being provided to a requester shall be provided in the medium requested if it exists in that medium; otherwise, it shall be provided in the medium in which it exists. Public records, legislative records or financial records shall be available for access during the regular business hours of an agency.
(b) Construction. — Nothing in this act shall be construed to require access to any computer either of an agency or individual employee of an agency.
Section 702. Requests.
Agencies may fulfill verbal, written or anonymous verbal or written requests for access to records under this act. If the requester wishes to pursue the relief and remedies provided for in this act, the request for access to records must be a written request.
Section 703. Written requests.
A written request for access to records may be submitted in person, by mail, by e-mail, by facsimile or, to the extent provided by agency rules, any other electronic means. A written request must be addressed to the open-records officer designated pursuant to section 502. Employees of an agency shall be directed to forward requests for records to the open-records officer. A written request should identify or describe the records sought with sufficient specificity to enable the agency to ascertain which records are being requested and shall include the name and address to which the agency should address its response. A written request need not include any explanation of the requester’s reason for requesting or intended use of the records unless otherwise required by law.
Chapter 9 Agency Response
Section 901. General rule.
Upon receipt of a written request for access to a record, an agency shall make a good faith effort to determine if the record requested is a public record, legislative record or financial record and whether the agency has possession, custody or control of the identified record, and to respond as promptly as possible under the circumstances existing at the time of the request. All applicable fees shall be paid in order to receive access to the record requested. The time for response shall not exceed five business days from the date the written request is received by the open-records officer for an agency. If the agency fails to send the response within five business days of receipt of the written request for access, the written request for access shall be deemed denied.
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Obligation to respond to public records requests | State/statewide agency |
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Pennsylvania | 42 Pa. Stat. Ann. § 9759 | Record |
General rule.--A record of the sentencing proceeding shall be made and preserved in such a manner that it can be transcribed as needed.(b) Contents.--The record shall include:(1) The record of + See moreany stipulation made at a presentence conference.(2) A copy of the presentence report and a copy of any other report or document available to the sentencing court as an aid in imposing sentence, subject to such limitations as the court may have imposed under section 9734(b) (relating to restrictions on disclosure).(3) A verbatim account of the entire sentencing proceeding.
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Obligation to collect or record | All courts |
State | Statute | Description/Statute Name | Statutory language | Who may collect | |
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Pennsylvania | 42 Pa. Stat. Ann. § 9728(a) | Collection of restitution, reparation, fees, costs, fines and penalties |
Except as provided in subsection (b)(5), all restitution, reparation, fees, costs, fines and penalties shall be collected by the county probation department or other agent designated by the county commissioners + See moreof the county with the approval of the president judge of the county for that purpose in any manner provided by law. However, such restitution, reparation, fees, costs, fines and penalties are part of a criminal action or proceeding and shall not be deemed debts. A sentence, pretrial disposition order or order entered under section 6352 (relating to disposition of delinquent child) for restitution, reparation, fees, costs, fines or penalties shall, together with interest and any additional costs that may accrue, be a judgment in favor of the probation department upon the person or the property of the person sentenced or subject to the order.
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County |
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Pennsylvania | 42 Pa. Stat. Ann. § 9730.1 | Collection of court costs, restitution and fines by private collection agency. |
(a) Generally.--In accordance with section 9730(b)(1) and (2) (relating to payment of court costs, restitution and fines), an issuing authority may refer the collection of costs, fines and restitution + See moreof a defendant to a private collection agency whether or not the defendant's maximum sentence or probationary term has expired with or without holding a hearing pursuant to this section. Such collection agency shall adhere to accepted practices in accordance with applicable Federal and State law to collect such costs, fines and restitution.
(b) Contracts with private collection agencies.--
(1) The president judge of the judicial district, county commissioner or designee of either may contract with private collection agencies for the collection of fines, costs and restitution in accordance with the provisions of this section.
(2) The amount of the collection fee as negotiated between the president judge of the judicial district, county commissioner or designee of either and private collection agencies shall be added to the bill of costs to be paid by the defendant and shall not exceed 25% of the amount collected.
(3) The funds secured from the defendant by the private collection agency in connection with the collection of fines, costs and restitution shall be distributed as follows:
(i) The fee due the private collection agency shall be paid.
(ii) The balance shall be distributed in accordance with the original distribution of fines, costs and restitution as set forth in the order of the court sentencing the defendant.
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Private actors |
State | Statute | Description/Statute Name | Statutory language | Who receives the funding | Other beneficiaries | Level of offense | |
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Pennsylvania | 18 Pa. Stat. Ann. § 7508.1 | Drug trafficking sentencing and penalties |
The Substance Abuse Education and Demand Reduction Fund is hereby established as an account in the State Treasury. This fund shall be administered by the Pennsylvania Commission on Crime and + See moreDelinquency and shall be comprised of costs imposed and collected in accordance with the provisions of this section. All moneys in the fund and the interest accruing thereon are hereby appropriated, upon approval of the Governor, to the commission to carry out the provisions of this section.
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County | Substance Abuse Education and Demand Reduction Fund which gives grants to nonprofit organizations and to the Community Drug Abuse Prevention Grant Program within the Office of Attorney General | All |
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Pennsylvania | 18 Pa. Stat. Ann. § 11.1101 | Crime Victim's Compensation Fund |
There is established a special nonlapsing fund, known as the Crime Victim's Compensation Fund. This fund shall be used by the Office of Victims' Services for payment to claimants and + See moretechnical assistance. Thirty-five dollars of the costs imposed under subsection (a)(1) and (2) plus 30% of the costs imposed under subsection (a)(1) which exceed $60 shall be paid into this fund. All costs imposed under subsection (a)(3) shall be paid into this fund. There is established a special nonlapsing fund, known as the Victim Witness Services Fund. This fund shall be used by the commission for victim-witness services and technical assistance in nonvictim compensation-related areas in accordance with this section. Twenty-five dollars of the costs imposed under subsection (a)(1) and (2) plus 70% of the costs imposed under subsection (a)(1) and (2) which exceed $60 shall be paid into this fund.
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State/statewide agency | N/A | All |
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Pennsylvania | 42 Pa. Stat. and Cons. Stat. Ann. § 3571 | Commonwealth portion of fines |
Except as otherwise provided by statute, the Commonwealth shall be entitled to receive all fines, forfeited recognizances and other forfeitures imposed, lost or forfeited, fees and costs which by law + See morehave heretofore been paid or credited to, or which by statute are payable or creditable to, the Commonwealth
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Pennsylvania | 42 Pa. Stat. and Cons. Stat. Ann. § 3571 | Commonwealth portion of fines: vehicle fines |
Except as provided in paragraphs (4) and (5), when prosecution under any other provision of Title 75 (relating to vehicles) is the result of State Police action, all of the + See morefollowing apply: (i) All fines, forfeited recognizances and other forfeitures imposed, lost or forfeited shall be payable to the Commonwealth, for credit to the Motor License Fund. One-half of the revenue shall be paid to municipalities as designated in subparagraph (ii) in the same ratio provided in section 4 of the act of June 1, 1956 (1955 P.L. 1944, No. 655),1 referred to as the Liquid Fuels Tax Municipal Allocation Law.
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State/statewide agency |
Municipalities that meet the following criteria: Only a municipality that has a population of not more than 3,000 or that provides at least 40 hours per week of local police + See moreservices through a municipal police department, participation in a regional police department or contracts with other municipal or regional police for police services may receive revenue under subparagraph
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Traffic |
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Pennsylvania | 42 Pa. Stat. and Cons. Stat. Ann. § 3571 | Commonwealth portion of fines: vehicle fines for driving under the influence |
(4) When prosecution under 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance) is the result of State Police action, 50% of all fines, forfeited recognizances and + See moreother forfeitures imposed, lost or forfeited shall be payable to the Commonwealth, for credit to the Motor License Fund, and 50% shall be payable to the county which shall be further divided as follows: (i) Fifty percent of the moneys received shall be allocated to the appropriate county authority which implements the county drug and alcohol program to be used solely for the purposes of aiding programs promoting drug abuse and alcoholism prevention, education, treatment and research. (ii) Fifty percent of the moneys received shall be used for expenditures incurred for county jails, prisons, workhouses and detention centers.
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State/statewide agency |
Fifty percent of the moneys received shall be allocated to the appropriate county authority which implements the county drug and alcohol program to be used solely for the purposes of + See moreaiding programs promoting drug abuse and alcoholism prevention, education, treatment and research. (ii) Fifty percent of the moneys received shall be used for expenditures incurred for county jails, prisons, workhouses and detention centers.
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Pennsylvania | 42 Pa. Stat. and Cons. Stat. Ann. § 3571 | Costs in magisterial district judge proceedings |
Costs collected by a magisterial district judge shall be transmitted monthly to the Commonwealth in amounts as prescribed in subsection (b) and the balance shall be transmitted monthly to the + See morecounty in which the magisterial district is located. Costs transmitted to the Commonwealth shall be credited to the General Fund. Costs transmitted to the county shall be retained by the county for its use.
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Pennsylvania | 42 Pa. Stat. and Cons. Stat. Ann. § 3573 | Revenue of parking fines |
When prosecution under the provisions of Title 75 (relating to vehicles) for parking is the result of local police action, all fines, forfeited recognizances and other forfeitures imposed, lost or + See moreforfeited shall be payable to the municipal corporation under which the local police are organized
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Municipality/municipal agency | N/A | Traffic |
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Pennsylvania | 42 Pa. Stat. and Cons. Stat. Ann. § 3573 | Pittsburgh |
Except as otherwise provided in this subchapter, all fines, forfeited recognizances and other forfeitures imposed, lost or forfeited in the Pittsburgh Magistrates Court or the Pittsburgh Traffic Court shall be + See morepayable to the City of Pittsburgh.
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Pennsylvania | 18 Pa. Stat. Ann. § 11.1102(a) | County and State Offender Supervision Fund |
The county treasurer of each county shall establish and administer a county offender supervision fund consisting of the fees collected under this section. The county treasurer shall disperse money from + See morethis fund only at the discretion of the president judge of the court of common pleas. The money in this fund shall be used to pay the salaries and employee benefits of all probation and parole personnel employed by the county probation and parole department and the operational expenses of that department. Money from this fund shall be used to supplement Federal, State or county appropriations for the county adult probation and parole department. The president judge shall by August 31 provide the board with an annual statement which fully reflects all collections deposited into and expenditures from the offender supervision fund for the preceding fiscal year...There is established a State Offender Supervision Fund to be administered by the board and comprised of the supervision fees collected by the board under this section. The money in this fund shall be used to supplement the Federal or State funds appropriated for the improvement of adult probation services....The court shall impose as a condition of supervision a monthly supervision fee of at least $25 on any offender placed on probation, parole, accelerated rehabilitative disposition, probation without verdict or intermediate punishment unless the court finds that the fee should be reduced, waived or deferred based on the offender's present inability to pay. Of the fee collected, 50% shall be deposited into the County Offender Supervision Fund established in each county pursuant to this section, and the remaining 50% shall be deposited into the State Offender Supervision Fund established pursuant to this section
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Pennsylvania | 42 Pa. Stat. Ann. § 3573 | Summary Offenses portion of fines |
Fines, forfeited recognizances and other forfeitures imposed, lost or forfeited under the following provisions of law shall, when any such offense is committed in a municipal corporation, be payable to + See moresuch municipal corporation: (1) Under the following provisions of Title 18 (relating to crimes and offenses): Section 2709(a)(1), (2) and (3) (relating to harassment). Section 3304 (relating to criminal mischief). Section 3503 (relating to criminal trespass).Section 3929 (relating to retail theft).Section 4105 (relating to bad checks).Section 5503 (relating to disorderly conduct).Section 5505 (relating to public drunkenness).Section 5511 (relating to cruelty to animals). Section 6308 (relating to purchase, consumption, possession or transportation of intoxicating beverages).Section 6501 (relating to scattering rubbish).
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Pennsylvania | PA R GREENE CTY RCRP Rule G1407-CRIM | Payment of Fines, Costs, and Restitution |
a. All fines, costs, and restitution assessed at the time of sentencing shall be payable within fifteen (15) days of sentencing, except in cases where the defendant can show a + See morehardship, the Greene County Probation and Parole Department may arrange a payment schedule with the defendant in order to provide that all such fines, costs and restitution are paid in full at least one (1) month prior to the maximum term of the sentence.
b. The Greene County Parole and Probation Department shall ensure that all cases where the defendant has not paid the fines, costs and restitution pursuant to the foregoing are scheduled for a violation hearing consistent with Pa.R.Crim.P. 1409 when a defendant unjustifiably is not making payments agreed upon, but in any event, such hearing shall be scheduled not later than one (1) month prior to the termination of the maximum sentence of the defendant.
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Pennsylvania | 42 Pa.C.S.A. PA ST Pt. II, Subpt. A, Art. B, Ch. 7 | Supreme court jurisdiction |
§ 721. Original jurisdiction.The Supreme Court shall have original but not exclusive jurisdiction of all cases of:
(1) Habeas corpus.
(2) Mandamus or prohibition to courts of inferior jurisdiction.
(3) + See more Quo warranto as to any officer of Statewide jurisdiction.
§ 722. Direct appeals from courts of common pleas.
The Supreme Court shall have exclusive jurisdiction of appeals from final orders of the courts of common pleas in the following classes of cases:
(1) Matters prescribed by general rule.
(2) The right to public office.
(3) Matters where the qualifications, tenure or right to serve, or the manner of service, of any member of the judiciary is drawn in question.
(4) Automatic review of sentences as provided by 42 Pa.C.S. §§ 9546(d) (relating to relief and order) and 9711(h) (relating to review of death sentence).
(5) Supersession of a district attorney by an Attorney General or by a court or where the matter relates to the convening, supervision, administration, operation or discharge of an investigating grand jury or otherwise directly affects such a grand jury or any investigation conducted by it.
(6) Matters where the right or power of the Commonwealth or any political subdivision to create or issue indebtedness is drawn in direct question.
(7) Matters where the court of common pleas has held invalid as repugnant to the Constitution, treaties or laws of the United States, or to the Constitution of this Commonwealth, any treaty or law of the United States or any provision of the Constitution of, or of any statute of, this Commonwealth, or any provision of any home rule charter.
(8) Matters where the right to practice law is drawn in direct question.
§ 723. Appeals from Commonwealth Court.
(a) General rule.--The Supreme Court shall have exclusive jurisdiction of appeals from final orders of the Commonwealth Court entered in any matter which was originally commenced in the Commonwealth Court except an order entered in a matter which constitutes an appeal to the Commonwealth Court from another court, a magisterial district judge or another government unit.
(b) Board of Finance and Revenue matters.--Any final order of the Commonwealth Court entered in any appeal from a decision of the Board of Finance and Revenue shall be appealable to the Supreme Court, as of right, under this section.
§ 724. Allowance of appeals from Superior and Commonwealth Courts.
(a) General rule.--Except as provided by section 9781(f) (relating to limitation on additional appellate review), final orders of the Superior Court and final orders of the Commonwealth Court not appealable under section 723 (relating to appeals from Commonwealth Court) may be reviewed by the Supreme Court upon allowance of appeal by any two justices of the Supreme Court upon petition of any party to the matter. If the petition shall be granted, the Supreme Court shall have jurisdiction to review the order in the manner provided by section 5105(d)(1) (relating to scope of appeal).
(b) Improvident appeals.--If an appeal is improvidently taken to the Supreme Court under section 723 in a case where the proper mode of review is by petition for allowance of appeal under this section, this alone shall not be a ground for dismissal, but the papers whereon the appeal was taken shall be regarded and acted on as a petition for allowance of appeal and as if duly filed at the time the appeal was taken.
§ 725. Direct appeals from constitutional and judicial agencies.
The Supreme Court shall have exclusive jurisdiction of appeals from final orders of the following constitutional and judicial agencies:
(1) Legislative Reapportionment Commission.
(2) Court of Judicial Discipline, except matters within the exclusive jurisdiction of a special tribunal as established under section 18(c)(1) of Article V of the Constitution of Pennsylvania.
(3) The agency vested with the power to determine whether those members of the minor judiciary required to do so have completed a course of training and instruction in the duties of their respective offices and passed an examination.
(4) The agency vested with the power to admit or recommend the admission of persons to the bar and the practice of law.
(5) The agency vested with the power to discipline or recommend the discipline of attorneys at law.
§ 726. Extraordinary jurisdiction.
Notwithstanding any other provision of law, the Supreme Court may, on its own motion or upon petition of any party, in any matter pending before any court or magisterial district judge of this Commonwealth involving an issue of immediate public importance, assume plenary jurisdiction of such matter at any stage thereof and enter a final order or otherwise cause right and justice to be done.
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Supreme court | Jurisdiction of the courts |
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Pennsylvania | 42 Pa.C.S.A. PA ST Pt. II, Subpt. A, Art. B, Ch. 7 | Superior Court jurisdiction |
§ 741. Original jurisdiction.The Superior Court shall have no original jurisdiction, except in cases of mandamus and prohibition to courts of inferior jurisdiction where such relief is ancillary to + See morematters within its appellate jurisdiction, and except that it, or any judge thereof, shall have full power and authority when and as often as there may be occasion, to issue writs of habeas corpus under like conditions returnable to the said court.
§ 742. Appeals from courts of common pleas.
The Superior Court shall have exclusive appellate jurisdiction of all appeals from final orders of the courts of common pleas, regardless of the nature of the controversy or the amount involved, except such classes of appeals as are by any provision of this chapter within the exclusive jurisdiction of the Supreme Court or the Commonwealth Court.
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Superior Court | Jurisdiction of the courts |
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Pennsylvania | 42 Pa.C.S.A. PA ST Pt. II, Subpt. A, Art. B, Ch. 7 | Commonwealth Court jurisdiction |
§ 761. Original jurisdiction.(a) General rule.--The Commonwealth Court shall have original jurisdiction of all civil actions or proceedings:
(1) Against the Commonwealth government, including any officer thereof, acting + See morein his official capacity, except:
(i) actions or proceedings in the nature of applications for a writ of habeas corpus or post-conviction relief not ancillary to proceedings within the appellate jurisdiction of the court;
(ii) eminent domain proceedings;
(iii) actions or proceedings conducted pursuant to Chapter 85 (relating to matters affecting government units);
(iv) actions or proceedings conducted pursuant to the act of May 20, 1937 (P.L.728, No.193), referred to as the Board of Claims Act; and
(v) actions or proceedings in the nature of trespass as to which the Commonwealth government formerly enjoyed sovereign or other immunity and actions or proceedings in the nature of assumpsit relating to such actions or proceedings in the nature of trespass.
(2) By the Commonwealth government, including any officer thereof, acting in his official capacity, except eminent domain proceedings.
(3) Arising under Article V of the act of May 17, 1921 (P.L.789, No.285), known as "The Insurance Department Act of 1921."
(4) Original jurisdiction of which is vested in the Commonwealth Court by any statute hereafter enacted.
(b) Concurrent and exclusive jurisdiction.--The jurisdiction of the Commonwealth Court under subsection (a) shall be exclusive except as provided in section 721 (relating to original jurisdiction) and except with respect to actions or proceedings by the Commonwealth government, including any officer thereof, acting in his official capacity, where the jurisdiction of the court shall be concurrent with the several courts of common pleas.
(c) Ancillary matters.--The Commonwealth Court shall have original jurisdiction in cases of mandamus and prohibition to courts of inferior jurisdiction and other government units where such relief is ancillary to matters within its appellate jurisdiction, and it, or any judge thereof, shall have full power and authority when and as often as there may be occasion, to issue writs of habeas corpus under like conditions returnable to the said court. To the extent prescribed by general rule the Commonwealth Court shall have ancillary jurisdiction over any claim or other matter which is related to a claim or other matter otherwise within its exclusive original jurisdiction.
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Commonwealth Court | Jurisdiction of the courts |
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Pennsylvania | 42 Pa.C.S.A. PA ST Pt. II, Subpt. A, Art. B, Ch. 7 | County Court of Common Pleas jurisdiction |
§ 931. Original jurisdiction and venue.(a) General rule.--Except where exclusive original jurisdiction of an action or proceeding is by statute or by general rule adopted pursuant to section + See more503 (relating to reassignment of matters) vested in another court of this Commonwealth, the courts of common pleas shall have unlimited original jurisdiction of all actions and proceedings, including all actions and proceedings heretofore cognizable by law or usage in the courts of common pleas.
(b) Concurrent and exclusive jurisdiction.--The jurisdiction of the courts of common pleas under this section shall be exclusive except with respect to actions and proceedings concurrent jurisdiction of which is by statute or by general rule adopted pursuant to section 503 vested in another court of this Commonwealth or in the magisterial district judges.
§ 932. Appeals from minor judiciary.
Except as otherwise prescribed by any general rule adopted pursuant to section 503 (relating to reassignment of matters), each court of common pleas shall have exclusive jurisdiction of appeals from final orders of the minor judiciary established within the judicial district.
§ 933. Appeals from government agencies.
(a) General rule.--Except as otherwise prescribed by any general rule adopted pursuant to section 503 (relating to reassignment of matters), each court of common pleas shall have jurisdiction of appeals from final orders of government agencies in the following cases:
(1) Appeals from Commonwealth agencies in the following cases:
(i) Determinations of the Department of Health in connection with any matters concerning birth records. Except as prescribed by general rules, the venue of such matters shall be as provided in 20 Pa.C.S. § 711(9) (relating to birth records) and 20 Pa.C.S. § 713 (relating to special provisions for Philadelphia County).
(ii) Determinations of the Department of Transportation appealable under the following provisions of Title 75 (relating to vehicles):
Section 1377 (relating to judicial review).
Section 1550 (relating to judicial review).
Section 4724(b) (relating to judicial review).
Section 7303(b) (relating to judicial review).
Section 7503(b) (relating to judicial review).
Except as otherwise prescribed by general rules, the venue shall be in the county of the principal place of business of any salvor or messenger service, the location of any inspection station involved, the county where the arrest for a violation of 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance) was made in appeals involving the suspension of operating privileges under 75 Pa.C.S. § 1547 (relating to chemical testing to determine amount of alcohol or controlled substance) or the residence of any individual appellant where the venue is not otherwise fixed by this sentence. In the case of a nonresident individual venue, except as otherwise prescribed by general rules, shall be in the county in which the offense giving rise to the recall, cancellation, suspension or revocation of operating privileges occurred.
(iii) (Deleted by amendment).
(iv) Determinations of the Workers' Compensation Appeal Board appealable under the act of June 21, 1939 (P.L.566, No.284), known as The Pennsylvania Occupational Disease Act. Except as otherwise prescribed by general rules, the venue of such matters shall be as provided in section 427 of the act.
(v) Determinations of the Pennsylvania Liquor Control Board appealable under the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, except matters appealable under section 433, 444 or 710 of the act. Except as otherwise prescribed by general rules, the venue of such matters shall be as provided in the act.
(vi) Determinations of the Department of Revenue reviewable under Article XXI of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, or under any predecessor statute, in connection with the administration of the estate of a decedent. Except as otherwise prescribed by general rules, the venue of such matters shall be in the court having jurisdiction over the administration of the related estate.
(vii) (Deleted by amendment).
(viii) (Deleted by amendment).
(ix) Determinations of the Department of Labor and Industry or the Department of Commerce reviewable under the act of December 15, 1980 (P.L.1203, No.222), known as the Building Energy Conservation Act. Except as otherwise prescribed by general rules, venue shall be in the county where the building is located.
(2) Appeals from government agencies, except Commonwealth agencies, under Subchapter B of Chapter 7 of Title 2 (relating to judicial review of local agency action) or otherwise.
(3) Appeals jurisdiction of which is vested in the courts of common pleas by any statute hereafter enacted.
(b) Awards of arbitrators.--Except as otherwise prescribed by any general rule adopted pursuant to section 503, each court of common pleas shall have jurisdiction of petitions for review of an award of arbitrators appointed in conformity with statute to arbitrate a dispute between a government agency, except a Commonwealth agency, and an employee of such agency. The application shall be deemed an appeal from a government agency for the purposes of section 762(4) (relating to appeals from courts of common pleas) and Chapter 55 (relating to limitation of time).
(c) Concurrent and exclusive jurisdiction.--Except as otherwise provided by statute or prescribed by general rule adopted pursuant to section 503:
(1) The jurisdiction of a court of common pleas of a judicial district under this section shall be exclusive as to a government agency which has jurisdiction only within such judicial district, and shall be concurrent with the courts of common pleas of all judicial districts in which the government agency has jurisdiction where such agency has jurisdiction in more than one judicial district.
(2) Whenever proceedings are commenced in two or more courts with respect to the same determination of a government agency, exclusive jurisdiction shall be vested in the court having jurisdiction in which such proceedings are first commenced.
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County Court of Common Pleas | Jurisdiction of the courts |
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Pennsylvania | 42 Pa. Stat. and Cons. Stat. Ann. § 301 | Unified judicial system |
The judicial power of the Commonwealth shall be vested in a unified judicial system consisting of the:(1) Supreme Court.(2) Superior Court.(3) Commonwealth Court.(4) Courts of common pleas.(5) Community courts.(6) Philadelphia + See moreMunicipal Court.(7) Pittsburgh Magistrates Court.(8) Traffic Court of Philadelphia.(9) Magisterial district judges. All courts and magisterial district judges and their jurisdiction shall be in this unified judicial system.
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Judicial power generally | Jurisdiction of the courts |
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Pennsylvania | 42 Pa. Stat. and Cons. Stat. Ann. § 1123 | Jurisdiction and venue - Philadelphia Municipal Court |
(a) General rule.--Except as otherwise prescribed by any general rule adopted pursuant to section 503 (relating to reassignment of matters), the Philadelphia Municipal Court shall have jurisdiction of the following + See morematters:(1) Summary offenses, except those arising out of the same episode or transaction involving a delinquent act for which a petition alleging delinquency is filed under Chapter 63 (relating to juvenile matters).
(2) Criminal offenses by any person (other than a juvenile) for which no prison term may be imposed or which are punishable by imprisonment for a term of not more than five years, including indictable offenses under Title 75 (relating to vehicles). In cases under this paragraph the defendant shall have no right of trial by jury in the municipal court, but shall have the right of appeal for trial de novo, including the right of trial by jury, to the court of common pleas. The judges of the municipal court exercising jurisdiction under this paragraph shall have the same jurisdiction in probation and parole arising out of sentences imposed by them as judges of the court of common pleas.
(3) Matters arising under the act of April 6, 1951 (P.L. 69, No. 20), known as The Landlord and Tenant Act of 1951.1 The judges of the Philadelphia Municipal Court shall have the power to enter judgments exceeding $5,000 in matters arising under this subsection. Appeals from a judgment of the municipal court under this subsection shall be to the court of common pleas in accordance with local rules of court established by the administrative judge of the trial division. Those rules shall not be inconsistent with Statewide rules of procedure as established by the Supreme Court.
(4) Civil actions, except actions by or against a Commonwealth party as defined by section 8501 (relating to definitions), wherein the sum demanded does not exceed $12,000, exclusive of interest and costs, in the following classes of actions:
(i) In assumpsit.
(ii) In trespass, including all forms of trespass and trespass on the case.
(iii) For fines and penalties by any government agency.
A plaintiff may waive a portion of his claim of more than $12,000 so as to bring the matter within the monetary jurisdiction of the municipal court. Such waiver shall be revoked automatically if the defendant appeals the final order of the municipal court. In cases under this paragraph the defendant shall have no right of trial by jury in the municipal court, but shall have the right to appeal for trial de novo, including the right of trial by jury, to the court of common pleas, in accordance with local rules of court established by the administrative judge of the trial division. These rules shall not be inconsistent with Statewide rules of procedure as established by the Supreme Court. It is the purpose of this paragraph to establish an expeditious small claims procedure whereby it shall not be necessary for the litigants to obtain counsel. Judgments by confession shall not be entered in the municipal court.
(5) As commissioners to preside at arraignments, fix and accept bail, issue warrants and perform duties of a similar nature, including the jurisdiction of a committing magistrate in all criminal proceedings. In addition to the exercise of the powers by the judges set forth in this paragraph, the Philadelphia Municipal Court, through the president judge and a majority of the judges of the court, shall have the power to appoint for four-year terms six arraignment court magistrates, to administer oaths and affirmations, preside at preliminary arraignments, assign counsel in certain cases, issue criminal complaints, fix bail and issue arrest warrants and search and seizure warrants. The arraignment court magistrates shall be employees of the Commonwealth and they shall receive an annual salary equal to the salary of an associate judge of the Traffic Court of Philadelphia. The method of selection and appointment and removal of arraignment court magistrates and establishing standards of conduct and the rights, responsibilities and authority of the arraignment court magistrates and the procedures for appealing from the decisions of the arraignment court magistrates shall be provided by local rules adopted by the municipal court.
(5.1) In addition to the exercise of the powers by the judges set forth in this section, the President Judge of the Philadelphia Municipal Court may appoint arraignment court magistrates, persons who complete a training program as shall be provided by local rules adopted by the President Judge of the Philadelphia Municipal Court, or attorneys who are in good standing and are admitted to the Pennsylvania Bar as judges pro tempore to accept guilty pleas and impose sentences in accordance with pleas for summary offenses. A judge pro tempore must be an independent contractor hired by the Philadelphia Municipal Court and shall receive such compensation and shall serve at such hours as agreed to between the judge pro tempore and the President Judge of the Philadelphia Municipal Court. The methods of selection, appointment and removal of judges pro tempore and of establishing standards of conduct and the rights, responsibilities and authority of the judges pro tempore and the procedures for appealing decisions of the judges pro tempore shall be provided by local rules adopted by the President Judge of the Philadelphia Municipal Court.
(6) Civil actions wherein the sum demanded does not exceed $15,000 in matters involving judgments of real estate taxes and school taxes levied by cities of the first class.
(7) Actions to enjoin any nuisance caused by the operation of a licensee or occurring on licensed premises subject to the act of April 12, 1951 (P.L. 90, No. 21), known as the Liquor Code.2
(8) Any action to enjoin a public nuisance. The action to enjoin may be brought by any person who resides or has a place of business within 500 feet of the location of the alleged nuisance.
(9) Prosecutions for summary offenses arising under:
(i) Title 75; or
(ii) an ordinance of a political subdivision enacted pursuant to Title 75.
(a.1) Appeal from contempt citation or nuisance order.--There shall be a right to appeal to the Superior Court of a contempt citation issued by a municipal court judge, but the appeal shall be limited to a review of the record. There shall be a right of appeal to the Court of Common Pleas of Philadelphia County of an order issued by a municipal court judge in any action under subsection (a)(7) or (8), but the appeal shall be limited to a review of the record.
(b) Concurrent and exclusive jurisdiction.--The jurisdiction of the municipal court under this section shall be concurrent with the Court of Common Pleas of Philadelphia County except with respect to matters specified in subsection (a)(2), as to which the jurisdiction of the municipal court shall be exclusive except as otherwise prescribed by any general rule adopted pursuant to section 503.
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Pennsylvania | 42 Pa. Stat. and Cons. Stat. Ann. § 1143 | Pittsburg Magistrates Court - jurisdiction and venue |
(a) General rule.--Except as otherwise prescribed by any general rule adopted pursuant to section 503 (relating to reassignment of matters) the Pittsburgh Magistrates Court shall have jurisdiction of all of + See morethe following matters:(1) Criminal complaints accusing any person of the commission of any felony or misdemeanor, where such felony or misdemeanor has been committed within the corporate limits of the City of Pittsburgh, and to issue warrants for the arrest of such person so accused, administer oaths and hold preliminary hearings in all such cases, and commit to jail, or bind over for trial or discharge such accused person, as the evidence produced at such hearing may warrant. The court shall have power to admit to bail as prescribed by general rules.
(2) Arrests upon view, or upon complaint made and warrant issued, by the police of the City of Pittsburgh, of persons who may be found engaged in or be charged with drunkenness, disorderly conduct, selling liquor contrary to law, maintaining a disorderly house or bawdy house, lewd, indecent or lascivious behavior on the streets or elsewhere, gambling, creating riots or disturbances, vagrants, beggars, prostitutes, disturbers of the public peace, known or reputed pickpockets, burglars, thieves, watch stuffers, cheating, swindling, persons who abuse their families, and suspicious persons who can give no reasonable account of themselves, or violating any of the laws or ordinances of such city.
(3) Civil claims for the recovery of fines and penalties imposed by any ordinance of the City of Pittsburgh, or by any ordinance or regulation relating to housing and health administered and enforced by a county health department where a violation takes place in such city, and cases of summary conviction arising under the laws and ordinances of or applicable to such city and under the laws, ordinances, rules and regulations relating to housing and health administered and enforced by a county department of health where a violation takes place in such city, with full power to hear the said cases, administer oaths or affirmations therein, decide the same, enforce the penalty, collect the fine or commit to prison as the case may be according to the provisions of the law and ordinances applicable thereto.
(4) Matters within the jurisdiction of the court when sitting as the Traffic Court of Pittsburgh.
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Municipal Court | Jurisdiction of the courts |
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Pennsylvania | 42 Pa. Stat. and Cons. Stat. Ann. § 1302 (West) | Traffic court - jurisdiction and venue |
(a) General rule.--Except as set forth in subsection (a.1) or as otherwise prescribed by any general rule adopted pursuant to section 503 (relating to reassignment of matters), each traffic court + See moreshall have jurisdiction of all prosecutions for summary offenses arising under:(1) Title 75 (relating to vehicles).
(2) Any ordinance of any political subdivision enacted pursuant to Title 75.
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Traffic court | Jurisdiction of the courts |
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Pennsylvania | 42 Pa. Stat. and Cons. Stat. Ann. § 1341 | Third class city traffic courts authorized |
Any city of the third class may establish by ordinance a traffic court which shall be a court not of record. The court shall be held by such of the + See moremagisterial district judges of the city as shall be designated by the president judge of the court of common pleas upon petition by the city. If established, the court shall be for the city so establishing it.
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Traffic court | Creation of the courts |
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Pennsylvania | Com. Ex Rel. Benedict Et Al. v. Cliff, 451 Pa. 427, 433-34 (Pa. 1973) |
Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof, + See morethe sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).
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The state supreme court has held that it is a violation of the U.S. Constitution and the PA state constitution's equal protection provisions to subject a defendant to jail time + See moresimply because he is unable to pay a fine without first making a determination of the defendant's ability to pay. There appears to be no specific minimum requirements for ability-to-pay determinations. Apparently, however, the burden is on the defendant to inform and show the court that he is indigent.
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It is nonetheless apparent that a state is prohibited from committing its citizens for fines without a reasonable opportunity being afforded to allow them to meet the court's directive consistent + See morewith their respective financial situation. In the cases before us there was no determination of immediate ability to meet the mandates that had been imposed, nor was there a showing that a reasonable opportunity had been given to allow the appellants to comply without immediate incarceration. We believe that the Supreme Court has made it plain that a defendant may not be incarcerated merely because he cannot make full payment of a fine. Therefore, we hold that the appellants must be given the opportunity to establish that they are unable to pay the fine. Upon a showing of indigence, the appellants should be allowed to make payments in reasonable installments.
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Ability to pay |
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Pennsylvania | Com. v. Schwartz, 418 A.2d 637, 640 (1980) | When is the determination of Defendant's ability-to-pay made? | It is more rational to determine ability to pay before imposition of a fine. |
If the judge does not at the outset determine the defendant's ability to pay a fine, he will often be forced to imprison him at some later point, when he + See morefails to pay the fine. However, before a defendant may be imprisoned for not paying a fine, he must be given an opportunity to establish that he is unable to pay the fine. Commonwealth ex rel. Parrish v. Cliff, 451 Pa. 427, 304 A.2d 158 (1973); Commonwealth v. Shaeffer 228 Pa.Super. 734, 311 A.2d 361 (1973); Pa.R.Crim.P. 1407(a). If a defendant establishes that he is indigent, he will be allowed to make payments in reasonable installments. 451 Pa. at 434, 304 A.2d at 161. Thus, rather than waiting until the defendant is brought before the court for not paying a fine, it is far more rational to determine the defendant's ability to pay at the time the fine is imposed...Here, all the sentencing judge knew about appellant's financial background was that he had sold $980 worth of drugs to the undercover agents the previous year and was currently working with his father in the construction industry, “bringing home approximately $150 per week.” N.T. at 12, 13 (August 28, 1978, Guilty Plea hearing). This was hardly enough information to make an intelligent finding as to appellant's ability to pay the fine.
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Ability to pay |
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Pennsylvania |
Com. v. Verilla, 526 A.2d 398, 403 (1987). See also: Com. v. Opara, 362 A.2d 305, 312 (1976); Com. v. Pride, 380 A.2d 1267, 1270 (1977); Com. v. Johnson, 187 + See moreA.2d 761 (1963); Com. v. Terry, 368 A.2d 279, 280 (1977)
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Are there limits to the state’s ability to recoup fees for counsel under the state constitution? | Legislature must act for fees for counsel to be recouped from defendant |
Clearly, Damario (In re Estate of Damario, 488 Pa. 434, 412 A.2d 842(1980)) cannot be construed to permit assessment of counsel fees by a trial court simply because Appellant was + See moreassigned court-appointed counsel, even though he was not ruled indigent.
Notwithstanding the fact that there exists no case law addressing the precise issue presently before this Court, we draw support from those cases which require a finding of statutory authority before the trial court's order of reimbursement to a public defender's office would be upheld. See Commonwealth v. Terry, 470 Pa. 234, 368 A.2d 279 (1977); Commonwealth v. Pride, 252 Pa.Super. 34, 380 A.2d 1267 (1977); Commonwealth v. Opara, 240 Pa.Super. 511, 362 A.2d 305 (1975).
Absent an indication by our legislature sanctioning the assessment of counsel fees for court-appointed counsel, we decline to validate orders granting such relief to counties. Parenthetically we note that § 3 of the Act of January 19, 1968, P.L. 984, 19 P.S. § 793, at one time provided for the reimbursement by a criminal defendant or a relative of the defendant to the county “for compensation and expense incurred and paid to court-appointed counsel”. However, this statute has since been repealed, 1984, October 12, P.L. 959, No. 187, § 6.
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Fines and fees |
State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Pennsylvania | 10 Pa. D. & C. 390, 392 (1927) | Pennsylvania-Attorney General opinion | What authority do county or municipal courts have to set fines or fees? | Counties and cities may pass ordinances regulating traffic and may provide financial penalties |
It is, therefore, the opinion of this department that cities, boroughs, incorporated towns and townships may lawfully pass ordinances providing for the regulation of traffic by means of traffic officers, + See moresemaphores, traffic-control lights or other signaling devices on any portion of the highways within their proper jurisdiction where traffic is heavy or continuous. In such cases, the municipal law-making bodies are to be the judges as to where such traffic policemen, semaphores or other signaling devices or traffic control lights shall be maintained. In addition, such municipalities may regulate or prohibit parking or prohibit other than one-way traffic upon certain highways within their respective jurisdiction, and they may regulate the use of highways by processions or assemblages. In such ordinances, the penalties provided may be a fine of not more than fifty ($50) dollars, to be collected by summary conviction in the manner provided by section 1216 of the act. Such fines belong to the municipality for the construction, repair and maintenance of the highways thereof.
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Pennsylvania | 14 Pa. D. & C. 205, 207 (1930) | Pennsylvania-Attorney General opinion | Other applicable opinions |
1. In Philadelphia, if fines or penalties are collected by magistrates, your department does not have either the power or the duty to demand that they be turned over to you for + See morepayment into the State Treasury. Such fines and penalties are clearly payable to the County of Philadelphia. However, we desire to point out, parenthetically, that magistrates may collect fines and penalties only if and when the legislature has expressly given them jurisdiction to do so. Otherwise, they can merely hold the defendants for trial in the Quarter Sessions or other criminal courts of record.
2. On the other hand, fines and penalties collected by the courts of record in Philadelphia are payable into the State Treasury through your department, if there is legislation distinctly providing that the fines shall be paid into the State Treasury.
3. Outside of Philadelphia, your department has authority to collect for payment into the State Treasury any fines or penalties, whether imposed by courts of record or courts not of record, in all cases in which the legislature has provided that such fines and penalties shall be paid into the State Treasury. However, in the absence of specific direction to this effect, the fines and penalties are payable into the respective county treasuries, if they were collected by the criminal as distinguished from the civil courts.
4. In all cases in which fines and penalties are collected by administrative agencies of the state government without any specific direction by the legislature as to the disposition to be made of the moneys collected, it is the duty of your department to collect the amounts of the fines and penalties and pay them into the State Treasury. 5. Whenever penalties are imposed by law and the collection thereof is committed to either the Department of Justice or any other administrative agency of the state government and such penalties are collected by civil suit, the amounts recovered are payable into the State Treasury, whether or not the act imposing the penalties specifically so provides. There is neither constitutional nor statutory provision to the contrary, and the rule which prevails in the absence of specific direction to the contrary is that moneys collected by a state department, with or without the aid of the civil courts, is payable into the State Treasury.
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Fines and fees |
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