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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	Virginia	Va. Code Ann. § 17.1-275(A)(10)	Fees collected by clerks of circuit courts; generally- Felony controlled substance conviction	10. In any case in which a person is convicted of a violation of any provision of Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 or is subject + See more to a disposition under § 18.2-251, the clerk shall assess a fee of $150 for each felony conviction and each felony disposition under § 18.2-251 which shall be taxed as costs to the defendant and shall be paid into the Drug Offender Assessment and Treatment Fund.	$150	Felony	Yes	Court	N/A
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 17.1-275(A)(11)	Fees collected by clerks of circuit courts; generally- Misdemeanor controlled substance conviction	11. In any case in which a person is convicted of a violation of any provision of Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 or is subject + See more to a disposition under § 18.2-251, the clerk shall assess a fee for each misdemeanor conviction and each misdemeanor disposition under § 18.2-251, which shall be taxed as costs to the defendant and shall be paid into the Drug Offender Assessment and Treatment Fund as provided in § 17.1-275.8.	a fee for each misdemeanor conviction and each misdemeanor disposition under § 18.2-251	Misdemeanor	Yes	Court	Delegation to clerk to set fee
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 17.1-275(A)(27)	Fees collected by clerks of circuit courts; generally- Credit Card convenience fee	27. For the acceptance of credit or debit cards in lieu of money to collect and secure all fees, including filing fees, fines, restitution, forfeiture, penalties and costs, the clerk + See more shall collect from the person presenting such credit or debit card a reasonable convenience fee for the processing of such credit or debit card. Such convenience fee shall not exceed four percent of the amount paid for the transaction or a flat fee of $2 per transaction. The clerk may set a lower convenience fee for electronic filing of civil or criminal proceedings pursuant to § 17.1-258.3. Nothing herein shall be construed to prohibit the clerk from outsourcing the processing of credit and debit card transactions to a third-party private vendor engaged by the clerk. Convenience fees shall be used to cover operational expenses as defined in § 17.1-295.	not to exceed 4% of the amount paid or $2 flat fee	All	Yes	Court	Delegation to clerk
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 17.1-275.1	Fixed Felony Fee	Upon conviction of any and each felony charge or upon a deferred disposition of proceedings in circuit court in the case of any and each felony disposition deferred pursuant to + See more the terms and conditions of § 16.1-278.8, 16.1-278.9, 18.2-61, 18.2-67.1, or 18.2-251, there shall be assessed as court costs a fee of $375, to be known as the fixed felony fee.	$375	Felony	Yes	Court	N/A
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 17.1-275.2	fixed fee for felony reduced to misdemeanor	In circuit court, upon the conviction of a person of any and each misdemeanor reduced from a felony charge, or upon a deferred disposition of proceedings in the case of + See more any and each misdemeanor reduced from a felony charge and deferred pursuant to the terms and conditions of § 4.1-305, 16.1-278.8, 16.1-278.9, 18.2-57.3, or19.2-303.2, there shall be assessed as court costs a fee of $227, to be known as the fixed fee for felony reduced to misdemeanor. However, this section shall not apply to those proceedings provided for in § 17.1-275.8.	$227	Misdemeanor	Yes	Court	N/A
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 17.1-275.3	fixed felony revocation fee	Upon the partial or full revocation of suspension of sentence or probation of a convicted felon pursuant to §19.2-306, other than a revocation for failure to pay previously assessed court + See more costs, there shall be assessed as court costs a fee of $158 to be known as the fixed felony revocation fee. A single fixed felony revocation fee shall be assessed per defendant per hearing without regard to the number of revocations being considered.	$158	Felony	Yes	Court	N/A
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 17.1-275.4	fixed misdemeanor reduced from felony revocation fee	In circuit court, when a person whose charge was reduced from a felony charge is convicted of a misdemeanor and subsequently suffers partial or full revocation of his suspension of + See more sentence or probation pursuant to §19.2-306, other than a revocation for failure to pay previously assessed court costs, he shall be assessed as court costs a fee of $114.50 to be known as the fixed misdemeanor reduced from felony revocation fee. A single fixed misdemeanor reduced from felony revocation fee shall be assessed per defendant per hearing without regard to the number of misdemeanor revocations being considered except that if a revocation of probation or suspended sentence upon a felony conviction is also being considered at the same revocation proceeding, a single fixed felony revocation fee shall apply instead.	$11450	Misdemeanor	Yes	Court	N/A
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 17.1-275.5	Amounts to be added; judgment in favor of the Commonwealth.	A. The clerk shall assess, in addition to the fees provided for by § 17.1-275.1, 17.1-275.2, 17.1-275.3, 17.1-275.4, 17.1-275.7, 17.1-275.8, 17.1-275.9, 17.1-275.10, 17.1-275.11, 17.1-275.11:1, or 17.1-275.12, the following costs:1. Any + See more amount paid by the Commonwealth for legal representation of the defendant; 2. Any amount paid for trial transcripts; 3. Extradition costs; 4. Costs of psychiatric evaluation; 5. Costs taxed against the defendant as appellant under Rule 5A:30 of the Rules of the Supreme Court; 6. Any fee for a returned check or disallowed credit card charge assessed pursuant to subdivision A 28 of § 17.1-275; 7. Any jury costs; 8. Any assessment made pursuant to subdivision A 10 of § 17.1-275; 9. Any fees prescribed in §§ 18.2-268.8 and 46.2-341.26:8; 10. Any court costs related to an ignition interlock device; 11. Any fee for testing for HIV; 12. Any fee for processing an individual admitted to jail as prescribed in § 15.2-1613.1; 13. Any fee for courthouse security personnel as prescribed in § 53.1-120; 14. Any fee for a DNA sample as prescribed in § 19.2-310.2; 15. Reimbursement to the Commonwealth of medical fees as prescribed in § 19.2-165.1; 16. Any fee for a local criminal justice training academy as prescribed in § 9.1-106; 17. Any fee prescribed by §§ 16.1-69.48:1.01 and 17.1-275.11; 18. Any expenses charged pursuant to subsection B or F of § 19.2-187.1; and 19. Any fee for an electronic summons system as prescribed in § 17.1-279.1.	Court costs	All	Yes	Court	Delegation to clerk
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 17.1-275.7	Fixed Misdemeanor Fee	In circuit court, upon (i) conviction of any and each misdemeanor, not originally charged as a felony; (ii) a deferred disposition of proceedings in the case of any and each + See more misdemeanor not originally charged as a felony and deferred pursuant to the terms and conditions of § 4.1-305, 16.1-278.8, 16.1-278.9, 18.2-57.3, or 19.2-303.2; (iii) any and each conviction of a traffic infraction or referral to a driver improvement clinic or traffic school in lieu of a finding of guilt for a traffic infraction; or (iv) proof of compliance with law under §§ 46.2-104 and 46.2-1158.02, there shall be assessed as court costs a fee of $80, to be known as the fixed misdemeanor fee. However, this section shall not apply to those proceedings provided for in § 17.1-275.8. This fee shall be in addition to any fee assessed in the district court.	$80	Misdemeanor	Yes	Court	N/A
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 17.1-275.8	fixed drug misdemeanor fee	In circuit court, upon conviction of any and each misdemeanor charge, whether or not originally charged as a felony, for a violation of any provision of Article 1 (§ 18.2-247 et seq.) + See more of Chapter 7 of Title 18.2, or upon a deferred disposition of proceedings in the case of any and each misdemeanor charge, whether or not originally charged as a felony, deferred pursuant to the terms and conditions of § 18.2-251, there shall be assessed as court costs a fee of $296.50, to be known as the fixed drug misdemeanor fee. This fee shall be in addition to any fee assessed in the district court.	$297	Misdemeanor	Yes	Court	N/A

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	Virginia	Va. Code Ann. § 53.1-45.1	Work program wage garnishment	C. The Director shall arrange for compensation for such employment. Wages earned by prisoners shall be paid to the Director who shall deduct from such wages, in the following order + See more of priority, an amount to:1. Meet the obligation of any judicial or administrative order to provide support and such funds shall be disbursed according to the terms of such order; 2. Pay any fines, restitution or costs as ordered by the court; and 3. Defray a portion of the prisoner's keep.	Wage/bank account garnishment	All	Yes
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 53.1-60	Work release wage garnishment	C. The compensation for such employment shall be arranged by the Director and shall be the same as that of regular employees in similar occupations. Any wages earned shall be + See more paid to the Director. The Director shall, in accordance with regulations promulgated by the Board, deduct from such wages, in the following order of priority, an amount to:1. Meet the obligation of any judicial or administrative order to provide support and such funds shall be disbursed according to the terms of such order; 2. Pay any fines, restitution or costs as ordered by the court;	Wage/bank account garnishment	All	Yes
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 53.1-60.1	Inmate trust account garnishment	Upon receipt of a valid court order or judgment against a person confined in a state correctional facility, the Director or his designee shall satisfy, to the extent possible, the + See more amount required to be paid by the order or judgment from the inmate's trust account. The Director shall promulgate regulations governing the process of collecting funds from inmates to be used for (i) the satisfaction of judgments or orders granting monetary relief or imposing fines or other monetary sanctions or (ii) payment of court costs and fees.	Wage/bank account garnishment	All	Yes
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 53.1-127.4	Driver's license suspension	No suspension of driving privileges shall be issued by the Department of Motor Vehicles for failure or refusal to provide for immediate payment in full of fees imposed under § + See more 53.1-131.3 or for failure to make payments under a deferred or installment payment agreement unless the sheriff or jail superintendent has (i) entered into an agreement with the Department of Motor Vehicles pursuant to § 46.2-320.2, (ii) has obtained a judgment and court order for suspension or nonrenewal issued by a court of competent jurisdiction, and (iii) has provided to the Commissioner of Motor Vehicles electronic notice of such judgment or default and court order and the person's most current mailing address. The provisions of this section shall apply to all unpaid fees imposed under § 53.1-131.3 provided the sheriff or jail administrator or other entity under a contract pursuant to § 53.1-127.5 informs the person who owes the fees and receives signed certification of understanding at the time the deferred or installment payment agreement is entered into that upon failure or refusal to pay in accordance with the payment agreement the person's privilege to operate a motor vehicle shall be suspended pursuant to the provisions of § 46.2-320.2.	Driver's license suspension/impoundment	All	Yes
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 53.1-127.3	Installment payment agreement	If a person is unable to pay in full the fees owed to the local correctional facility or regional jail pursuant to § 53.1-131.3, the sheriff or jail superintendent shall + See more establish a deferred or installment payment agreement subject to the approval of the general district court. As a condition of every such agreement, a person who enters into a deferred or installment payment agreement shall promptly inform the sheriff or jail superintendent of any change of mailing address during the term of the agreement.	Payment plan/installment plan	All	Yes
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 53.1-131	Work release wage garnishment	Any wages earned pursuant to this section by an offender may, upon order of the court, be paid to the director or administrator of the program after standard payroll deductions + See more required by law. Distribution of such wages shall be made for the following purposes: 1. To pay an amount to defray the cost of his keep; 2. To pay travel and other such expenses made necessary by his work release employment or participation in an educational or rehabilitative program; 3. To provide support and maintenance for his dependents or to make payments to the local department of social services or the Commissioner of Social Services, as appropriate, on behalf of dependents who are receiving public assistance or social services as defined in § 63.2-100; or 4. To pay any fines, restitution or costs as ordered by the court.	Wage/bank account garnishment	All	No
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 53.1-131.2(H)	Work release while on home/electronic incarceration program wage garnishment	H. Any wages earned by an offender or accused assigned to a home/electronic incarceration program and participating in work release shall be paid to the director or administrator after standard + See more payroll deductions required by law. Distribution of the money collected shall be made in the following order of priority to: 1. Meet the obligation of any judicial or administrative order to provide support and such funds shall be disbursed according to the terms of such order; 2. Pay any fines, restitution or costs as ordered by the court;	Wage/bank account garnishment	All	Yes
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 53.1-155.1	Residential community program wage garnishment	Any wages earned pursuant to this section by a prisoner may be paid to the director or administrator of the program after standard payroll deductions required by law. Distribution of + See more such wages shall be made for the following purposes: 1. To pay an amount to defray the cost of his keep; 2. To pay travel and other such expenses made necessary by his work release, employment, or participation in a residential community program or a community-based program; 3. To provide support and maintenance for his dependents or to make payments to the local department of social services or the Commissioner of Social Services, as appropriate, on behalf of dependents who are receiving public assistance as defined in § 63.2-100; or 4. To pay any fines, restitution, or costs as ordered by the court.	Wage/bank account garnishment	All	No
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 66-25.1:3(C)	Juvenile work release program wage garnishment	C. The compensation for such employment shall be arranged by the Director and shall be the same as that of regular employees in similar occupations. Any wages earned shall be + See more paid to the Director. The Director shall, in accordance with regulations promulgated by the Board, deduct from such wages, in the following order of priority, an amount to: 1. Meet the obligation of any judicial or administrative order to provide support, and such funds shall be disbursed according to the terms of such order; 2. Pay any fines, restitution, or costs as ordered by the court; and 3. Pay travel and other such expenses made necessary by his work release employment or participation in an educational or rehabilitative program.	Wage/bank account garnishment	All	Yes
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 19.2-354(A)	Installment Plan	A. Whenever (i) a defendant, convicted of a traffic infraction or a violation of any criminal law of the Commonwealth or of any political subdivision thereof, or found not innocent + See more in the case of a juvenile, is sentenced to pay a fine, restitution, forfeiture or penalty and (ii) the defendant is unable to make payment of the fine, restitution, forfeiture, or penalty and costs within 30 days of sentencing, the court shall order the defendant to pay such fine, restitution, forfeiture or penalty and any costs which the defendant may be required to pay in deferred payments or installments. The court assessing the fine, restitution, forfeiture, or penalty and costs may authorize the clerk to establish and approve individual deferred or installment payment agreements. Any payment agreement authorized under this section shall be consistent with the Rules of Supreme Court of Virginia, including any required minimum payments or other required conditions. The requirements established by the Rules of Supreme Court of Virginia shall be posted in the clerk's office and on the court's website, if a website is available.	Payment plan/installment plan	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	Virginia	Va. Code Ann. § 19.2-355	Petition of defendant	(a) In determining whether the defendant is unable to pay such fine forthwith, the court may require such defendant to file a petition, under oath, with the court, upon a + See more form provided by the court, setting forth the financial condition of the defendant. (b) Such form shall be a questionnaire, and shall include, but shall not be limited to: the name and residence of the defendant; his occupation, if any; his family status and the number of persons dependent upon him; his monthly income; whether or not his dependents are employed and, if so, their approximate monthly income; his banking accounts, if any; real estate owned by the defendant, or any interest he may have in real estate; income produced therefrom; any independent income accruing to the defendant; tangible and intangible personal property owned by the defendant, or in which he may have an interest; and a statement listing the approximate indebtedness of the defendant to other persons. Such form shall also include a payment plan of the defendant, if the court should exercise its discretion in permitting the payment of such fine and costs in installments or other conditions to be fixed by the court.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	No	permitting the payment of such fine and costs in installments or other conditions to be fixed by the court
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 19.2-358(C)	Show cause hearing on default	B. Following the order to show cause or following a capias issued for a defendant's failure to comply with a court order to appear issued pursuant to subsection A of + See more § 19.2-354, unless the defendant shows that his default was not attributable to an intentional refusal to obey the sentence of the court, or not attributable to a failure on his part to make a good faith effort to obtain the necessary funds for payment, or unless the defendant shows that any failure to appear was not attributable to an intentional refusal to obey the order of the court, the court may order the defendant confined as for a contempt for a term not to exceed sixty days or impose a fine not to exceed $500. The court may provide in its order that payment or satisfaction of the amounts in default at any time will entitle the defendant to his release from such confinement or, after entering the order, may at any time reduce the sentence for good cause shown, including payment or satisfaction of such amounts. C. If it appears that the default is excusable under the standards set forth in subsection B hereof, the court may enter an order allowing the defendant additional time for payment, reducing the amount due or of each installment, or remitting the unpaid portion in whole or in part.	All	Not provided for	At enforcement of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	No	additional time for payment, reducing the amount due or of each installment, or remitting the unpaid portion in whole or in part
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 19.2-363	Authority of Governor to grant relief from fines and penalties in case of deceased defendant	provided, that when the party against whom the fine or penalty has been imposed and judgment rendered therefor has departed this life leaving a spouse or children surviving, the Governor + See more may remit such fine or penalty upon the certificate of the judge of the circuit court of the county or city wherein such fine or penalty was imposed and judgment rendered, that to enforce the same against the estate, real or personal, of the decedent, would impose hardship upon the spouse or children	All	would impose hardship upon the spouse or children	At defendant's request at enforcement	Not provided for	Determined by judge after hearing	No	remittance
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 19.2-299.2(C)	Local alcohol safety action program - ability to pay	If the referral is to the local alcohol safety action program, the program may charge a fee for the education and intervention component, or both, not to exceed $300, based + See more upon the defendant's ability to pay.	All	Not provided for	Not provided for	Not provided for	Not provided for	Yes	Not specified
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 53.1-150.1	Substance abuse treatment as condition of parole - exemptions	Any person who is granted parole and who is required to receive substance abuse treatment as a condition of parole shall contribute towards the cost of such treatment based upon + See more his ability to pay, as established pursuant to regulations promulgated by the Board of Corrections. The regulations shall provide that (i) any fees collected for such treatment shall be paid directly to the service provider and (ii) any person may be exempt from the payment of such fees on the grounds of unreasonable hardship.	All	unreasonable hardship	Before imposition of fine or fee	Not provided for	Administrative decision	Yes	exemption from payment of fees
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 18.2-57.3(D)	Education/treatment program sliding scale fee structure	The court shall require the person entering such education or treatment program or services under the provisions of this section to pay all or part of the costs of the + See more program or services, including the costs of any assessment, evaluation, testing, education and treatment, based upon the person's ability to pay. Such programs or services shall offer a sliding-scale fee structure or other mechanism to assist participants who are unable to pay the full costs of the required programs or services.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	sliding scale fee structure
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 18.2-251	Program costs - ability to pay	The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of + See more the screening, assessment, testing, and treatment, based upon the accused's ability to pay unless the person is determined by the court to be indigent.	All	Indigence	Before imposition of fine or fee	Not provided for	Other	Yes	exemption from payment of fees
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 18.2-251.01(A)	Education fee - based upon ability to pay	The services agency or program may require the person entering such program or services under the provisions of this section to pay a fee for the education and treatment component, + See more or both, based upon the defendant's ability to pay.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Not specified
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 18.2-258.1(H)	Program costs - indigency	The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of + See more the screening, evaluation, testing and education, based upon the person's ability to pay unless the person is determined by the court to be indigent.	All	Indigence	Before imposition of fine or fee	Not provided for	Other	Yes	exemption from payment of fees
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 18.2-271.1(B)	Waiver of fee - indigency	Upon a positive finding that the defendant is indigent, the court may reduce or waive the fee.	All	Indigence	Not provided for	Not provided for	Not provided for	No	waiver of fee

Transparency

	State	Statute	Description/Statute Name	Statutory language	Type of obligation	Actor
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 17.1-283.	Statements required of clerks of courts of record.	A. Every clerk of a court of record, except the Clerks of the Supreme Court and the Court of Appeals, shall file monthly with the Compensation Board a full and + See more accurate statement showing all such fees, allowances, commissions, salaries or other compensation or emolument of office, derived from the Commonwealth or any political subdivision thereof, or from any other source whatever, collected or received by him. The statements shall include the date of collection and sources from which the collections were made, and shall be verified by a procedure agreed upon by the Compensation Board and the Auditor of Public Accounts. The statements shall be open to public inspection at all times.	Obligation to collect or record	All courts
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 19.2-349(A)	clerks' reporting requirements	A. The clerk of the circuit court and district court of every county and city shall submit to the judge of his court, the Department of Taxation, the State Compensation + See more Board and the attorney for the Commonwealth of his county or city a monthly report of all fines, costs, forfeitures and penalties which are delinquent more than 30 days, including court-ordered restitution of a sum certain, imposed in his court for a violation of state law or a local ordinance which remain unsatisfied, including those which are delinquent in installment payments. The monthly report shall include the social security number or driver's license number of the defendant, if known, and such other information as the Department of Taxation and the Compensation Board deem appropriate. The Executive Secretary shall make the report required by this subsection on behalf of those clerks who participate in the Supreme Court's automated information system.	Obligation to collect or record	All courts
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 19.2-349(C)	Department of Taxation reporting requirements	The Department of Taxation and the State Compensation Board shall annually report to the Governor and the General Assembly the total of fines, costs, forfeitures and penalties assessed, collected, and + See more unpaid and those which remain unsatisfied or do not meet the conditions of § 19.2-354 by each circuit and district court. The report shall include the procedures established by the Department of Taxation and the State Compensation Board pursuant to this section and a plan for increasing the collection of unpaid fines, costs, forfeitures and penalties. The Auditor of Public Accounts shall annually report to the Governor, the Executive Secretary of the Supreme Court and the General Assembly as to the adherence of clerks of courts, attorneys for the Commonwealth and other state agencies to the procedures established by the Department of Taxation and the State Compensation Board.	Obligation to report/conduct analysis	State/statewide agency
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 19.2-360	clerk record of disposition	The Executive Secretary of the Supreme Court shall prescribe and prepare forms of official receipts for fines and distribute them to the clerks of the circuit courts and to the + See more clerks of the district courts for their use. A record of the disposition of each receipt form shall be maintained as prescribed by the Executive Secretary.	Obligation to collect or record	All courts
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 8.01-483.	Return of officer on fieri facias; statement filed therewith	Upon a writ of fieri facias, the officer shall return whether the money therein mentioned has been or cannot be made. If there is only part thereof which is or + See more cannot be made, he shall return the amount of such part. With every execution under which money is recovered, he shall return a statement of the amount received, including his fees and other charges, and shall pay such amount, except such fees and charges, to the person entitled. In his return upon every execution, the officer shall also state in what manner a copy of the writ was served in accordance with § 8.01-487.1, whether or not he made a levy of the same, the date and time of such levy, the date when he received such payment or obtained such satisfaction upon such execution and, if there is more than one defendant, from which defendant he received the same.	Obligation to collect or record	All
Add to Dashboard + Create New	Virginia	Va. Code Ann § 9.1-182(E)	Community-based probation services fee reporting requirements	Any local community-based probation services agency collecting such fees shall keep records of the collected fees, report the amounts to the locality serving as fiscal agent and make all records + See more available to the community criminal justice board. Such fees shall be in addition to any other imposed on a defendant or offender as a condition of a deferred proceeding, conviction or sentencing by a court as required by general law.	Obligation to collect or record	Supervision agency

Collections Infrastructure

	State	Statute	Description/Statute Name	Statutory language	Who may collect
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 53.1-127.5	Private collection - by contract with sheriff or jail superintendent	The sheriff or jail superintendent may (i) contract with private attorneys or private collection agencies	Private actors
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 53.1-127.5	Collection agreement - local governing body	The sheriff or jail superintendent may...(ii) enter into an agreement with a local governing body	County
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 53.1-127.5	Collection agreement - county/city treasurer	The sheriff or jail superintendent may...(iii) enter into an agreement with the county or city treasurer, upon such terms and conditions as may be established by guidelines promulgated by the + See more Board, to collect fees imposed under § 53.1-131.3.	County
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 19.2-349(B)	Duties of attorney for the Commonwealth	B. It shall be the duty of the attorney for the Commonwealth to cause proper proceedings to be instituted for the collection and satisfaction of all fines, costs, forfeitures, penalties + See more and restitution. The attorney for the Commonwealth shall determine whether it would be impractical or uneconomical for such service to be rendered by the office of the attorney for the Commonwealth. If the defendant does not enter into an installment payment agreement under § 19.2-354, the attorney for the Commonwealth and the clerk may agree to a process by which collection activity may be commenced 30 days after judgment.	State/statewide agency
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 19.2-349(B)	Attorney for Commonwealth - private collection contracts	If the attorney for the Commonwealth does not undertake collection, he shall contract with (i) private attorneys or private collection agencies	Private actors
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 19.2-349(B)	Attorney for Commonwealth - local governing body collection contracts	If the attorney for the Commonwealth does not undertake collection, he shall...(ii) enter into an agreement with a local governing body	County
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 19.2-349(B)	Attorney for Commonwealth - county/city treasurer contract	If the attorney for the Commonwealth does not undertake collection, he shall…(iii) enter into an agreement with the county or city treasurer	County
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 19.2-349(B)	Attorney for Commonwealth - services of the Department of Taxation	If the attorney for the Commonwealth does not undertake collection, he shall…(iv) use the services of the Department of Taxation, upon such terms and conditions as may be established by + See more guidelines promulgated by the Office of the Attorney General, the Executive Secretary of the Supreme Court with the Department of Taxation and the Compensation Board	State/statewide agency
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 19.2-349(C)	Department of Taxation and State Compensation Board - duty to collect	C. The Department of Taxation and the State Compensation Board shall be responsible for the collection of any judgment which remains unsatisfied or does not meet the conditions of § + See more 19.2-354. Persons owing such unsatisfied judgments or failing to comply with installment payment agreements under § 19.2-354 shall be subject to the delinquent tax collection provisions of Title 58.1.	State/statewide agency
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 19.2-349(C)	Collection by private attorneys or agencies	The Department of Taxation and the State Compensation Board...may employ private attorneys or collection agencies	Private actors

Revenue Flow

	State	Statute	Description/Statute Name	Statutory language	Who receives the funding	Other beneficiaries	Level of offense
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 17.1-285.	Payment of excess.	A. The Commonwealth shall be entitled to one-third of the excess fees collected by clerks as required to be reported under § 17.1-283 and the governing body of the county or city + See more shall be entitled to two-thirds of the excess fees collected unless otherwise provided by law. The Compensation Board shall determine on an annual basis by June 30 of each year the methods by which excess fees shall be disbursed.	State/statewide agency	Municipality	All
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 17.1-286.	Disposition of state funds locally collected.	All state funds collected by clerks of courts shall be paid into the state treasury without deductions on account of their compensation or on account of expenses. The Comptroller shall + See more promptly forward to such officers his warrants on the State Treasurer for the compensation due them and the estimated amount allowed them out of such funds for expenses.	State/statewide agency	N/A	All
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 16.1-69.48(A)	Fees collected by courts not of record paid to state treasury	A. All fees collected by the judge, substitute judge, clerk or employees, but not including fees belonging to officers other than the judge, clerk or employees, of a general district + See more court or juvenile and domestic relations district court shall be paid promptly to the clerk of the circuit court who shall pay the same into the state treasury.	State/statewide agency	N/A	All
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 16.1-69.48(A)	Fees for service of attorney of commonwealth	Fees collected for services of the attorney for the Commonwealth shall be paid by the clerk of the circuit court, one-half of such fee shall be paid into the treasury + See more of the county or city in which the offense for which warrant issued was committed, and the other one-half of such fees shall be paid by such clerk on his monthly remittance into the state treasury.	Municipality/municipal agency	state treasury	All
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 19.2-340.1.	Disposition of fines in criminal cases.	When a law-enforcement officer of (i) the Department of State Police or (ii) any other division of the state government makes an arrest or issues a summons for a violation + See more of a provision of the Code of Virginia, the person arrested or summoned shall be charged with a violation of that Code provision and shall not be charged with a substantially similar local ordinance. All fines collected upon conviction of any person so arrested or summoned shall be credited to the Literary Fund.	State/statewide agency	N/A	All
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 19.2-340	Payment of fines to commonwealth or locality	When any statute or ordinance prescribes a fine, unless it is otherwise expressly provided or would be inconsistent with the manifest intention of the General Assembly, it shall be paid + See more to the Commonwealth if prescribed by a statute and recoverable by presentment, indictment, information or warrant and paid to the locality if prescribed by an ordinance and recoverable by warrant. Fines imposed and costs taxed in a criminal or traffic prosecution, including a prosecution for a violation of an ordinance adopted pursuant to § 46.2-1220, for committing an offense shall constitute a judgment and, if not paid at the time they are imposed, execution may issue thereon in the same manner as upon any other monetary judgment, subject to the period of limitations provided by § 19.2-341."	State/statewide agency	paid to the Commonwealth if prescribed by a statute and paid to the locality if prescribed by an ordinance	All
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 19.2-341	Payment of other monetary penalties to commonwealth or locality	When any statute or ordinance prescribes a monetary penalty other than a fine, unless it is otherwise expressly provided or would be inconsistent with the manifest intention of the General + See more Assembly, it shall be paid to the Commonwealth if prescribed by a statute and paid to the locality if prescribed by an ordinance and recoverable by warrant, presentment, indictment, or information. Penalties imposed and costs taxed in any such proceeding shall constitute a judgment and, if not paid at the time they are imposed, execution may issue thereon in the same manner as upon any other monetary judgment. "	State/statewide agency	paid to the Commonwealth if prescribed by a statute and paid to the locality if prescribed by an ordinance	All
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 16.1-69.48(B)	Fees collected by courts not of record	B. Notwithstanding the provisions of subsection A, fines collected for violations of city, town or county ordinances shall be paid promptly to the clerk of the circuit court who shall + See more tender such collected fines on a monthly basis directly to the city, town or county whose ordinance has been violated and not to the state treasury. All fines collected for violations of the laws of the Commonwealth shall be paid promptly to the clerk of the circuit court who shall pay the same into the state treasury.	Municipality/municipal agency	state treasury	All
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 17.1-275(A)(10)	Drug Offender Assessment and Treatment Fund	10. In any case in which a person is convicted of a violation of any provision of Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 or is subject + See more to a disposition under § 18.2-251, the clerk shall assess a fee of $150 for each felony conviction and each felony disposition under § 18.2-251 which shall be taxed as costs to the defendant and shall be paid into the Drug Offender Assessment and Treatment Fund.	State/statewide agency	N/A	Felony
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 17.1-275(A)(11)	Drug Offender Assessment and Treatment Fund	11. In any case in which a person is convicted of a violation of any provision of Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 or is subject + See more to a disposition under § 18.2-251, the clerk shall assess a fee for each misdemeanor conviction and each misdemeanor disposition under § 18.2-251, which shall be taxed as costs to the defendant and shall be paid into the Drug Offender Assessment and Treatment Fund as provided in § 17.1-275.8.	State/statewide agency	N/A	Misdemeanor

Court Rules

	State	Citation	Description/Statute Name	Language from the rule	When does the rule apply?
Add to Dashboard + Create New	Virginia	Va. Sup.Ct. Rule 3B:2	Rules of Supreme Court of Virginia Part Three B Traffic Infractions and Uniform Fine Schedule	For any offense listed below, whether prescribed by the specified State statute or by a parallel local ordinance adopted pursuant to the authority granted in Virginia Code § 46.2-1300, a + See more driver may enter a written appearance, waiver of court hearing, plea of guilty, and pay fines and costs. For traffic offenses not listed below, a court hearing is required. Nothing in this Rule affects bonding procedures for those offenses not listed below. Likewise, nothing in this Rule shall be construed to alter the operation of or the penalties prescribed pursuant to §§ 46.2-1220 through 46.2-1230. This schedule is applied uniformly through out the Commonwealth, and a clerk or magistrate may not impose a fine different from the amounts shown here. Costs shall be paid in accordance with the provisions of the Code of Virginia or any rules or regulations promulgated thereunder. This schedule does not restrict the fine a judge may impose for an offense listed here in any case for which there is a court hearing.	Fines and fees
Add to Dashboard + Create New	Virginia	Va. Sup.Ct. Rule 3C:2	Rules of Supreme Court of Virginia Part Three C Non-Traffic Prepayable Offenses and Uniform Fine Schedule	Any person charged with any offense list ed below may enter a written appearance,waiver of court hearing, plea of guilty, and pay fines and costs. This schedule is applied + See more uniformly throughout the Commonwealth, and a clerk or magistrate may not impose a fine different from the amounts shown here. Costs shall be paid in accordance with the provisions of the Code of Virginia or any rules or regulations promulgated thereunder. The schedule does not restrict the fine a judge may impose for an offense listed here in any case for which there is a court hearing. Where injury to the person is involved, prepayment may not be made, even though the offense or violation appears on the list below. See Va. Code §16.1-69.40:2(A). A violation of a provision of Title 28.2 may be prepaid only if the person has not violated a provision of Title 28.2 within the past 12 months. See Va. Code §28.2 - 903. A violation of any of the provisions of the hunting, trapping, or inland fish laws, or of§18.2-132, or any regulations adopted by the Board of Game and Inland Fisheries pursuant thereto, may be prepaid only if the person has not violated any of those provisions within the past three years. See Va. Code §29.1-338. Any person charged with any offense listed below may enter a written appearance, waiver of court hearing, plea of guilty, and pay fines and costs. This schedule is applied uniformly throughout the Commonwealth, and a clerk or magistrat e may not impose a fine different from the amounts shown here. Costs shall be paid in accordance with the provisions of the Code of Virginia or any rules or regulations promulgated thereunder. The schedule does not restrict the fine a judge may impose for an offense listed here in any case for which there is a court hearing. Where injury to the person is involved, prepayment may not be made, even though the offense or violation appears on the list below. See Va. Code §16.1-69.40:2(A). A violation of a provision of Title 28.2 may be prepaid only if the person has not violated a provision of Title 28.2 within the past 12 months. See Va. Code §28.2-903. A violation of any of the provisions of the hunting, trapping, or inland fish laws, or of §18.2-132, or any regulations adopted by the Board of Game and Inland Fisheries pursuant thereto, may be prepaid only if the person has not violated any of those provisions within the past three years. See Va. Code §29.1-338.	Fines and fees

Structure of Courts

	State	Statute	Description/Statute Name	Statutory language	Court/legal body	Function
Add to Dashboard + Create New	Virginia	Va. Const. art. IV, § 1	Va. Const. art. IV, § 1	The Supreme Court shall, by virtue of this Constitution, have original jurisdiction in cases of habeas corpus, mandamus, and prohibition; to consider claims of actual innocence presented by convicted felons + See more in such cases and in such manner as may be provided by the General Assembly; in matters of judicial censure, retirement, and removal under Section 10 of this article, and to answer questions of state law certified by a court of the United States or the highest appellate court of any other state. All other jurisdiction of the Supreme Court shall be appellate. Subject to such reasonable rules as may be prescribed as to the course of appeals and other procedural matters, the Supreme Court shall, by virtue of this Constitution, have appellate jurisdiction in cases involving the constitutionality of a law under this Constitution or the Constitution of the United States and in cases involving the life or liberty of any person.	Supreme Court	Jurisdiction of the courts
Add to Dashboard + Create New	Virginia	§ 17.1-404-405	§ 17.1-404-405	§ 17.1-404. Original jurisdiction in matters of contempt and injunctions, writs of mandamus, prohibition and habeas corpus.The Court of Appeals shall have authority to punish for contempt. A judge of + See more the Court of Appeals shall exercise initially the authority concerning injunctions vested in a justice of the Supreme Court by § 8.01-626 in any case over which the court would have appellate jurisdiction as provided in §§ 17.1-405 and 17.1-406. In addition, in such cases over which the court would have appellate jurisdiction, the court shall have original jurisdiction to issue writs of mandamus, prohibition and habeas corpus. 1983, c. 413, § 17-116.04; 1984, c. 701; 1998, c. 872. § 17.1-405. Appellate jurisdiction -- Administrative agency, Virginia Workers' Compensation Commission, and domestic relations appeals. Any aggrieved party may appeal to the Court of Appeals from: 1. Any final decision of a circuit court on appeal from (i) a decision of an administrative agency, or (ii) a grievance hearing decision issued pursuant to § 2.2-3005; 2. Any final decision of the Virginia Workers' Compensation Commission; 3. Any final judgment, order, or decree of a circuit court involving: a. Affirmance or annulment of a marriage; b. Divorce; c. Custody; d. Spousal or child support; e. The control or disposition of a child; f. Any other domestic relations matter arising under Title 16.1 or Title 20; g. Adoption under Chapter 12 (§ 63.2-1200 et seq.) of Title 63.2; or h. A final grievance hearing decision issued pursuant to subsection B of § 2.2-3007. 4. Any interlocutory decree or order entered in any of the cases listed in this section (i) granting, dissolving, or denying an injunction or (ii) adjudicating the principles of a cause. 1983, c. 413, § 17-116.05; 1984, c. 701; 1985, c. 283; 1990, c. 897; 1998, c. 872; 2000, cc. 830, 947, 1006; 2001, cc. 393, 420.	Court of Appeals	Jurisdiction of the courts
Add to Dashboard + Create New	Virginia	§ 17.1-513. Jurisdiction of circuit courts.	§ 17.1-513. Jurisdiction of circuit courts.	The circuit courts shall have jurisdiction of proceedings by quo warranto or information in the nature of quo warranto and to issue writs of mandamus, prohibition and certiorari to all + See more inferior tribunals created or existing under the laws of the Commonwealth, and to issue writs of mandamus in all matters of proceedings arising from or pertaining to the action of the boards of supervisors or other governing bodies of the several counties for which such courts are respectively held or in other cases in which it may be necessary to prevent the failure of justice and in which mandamus may issue according to the principles of common law. They shall have appellate jurisdiction in all cases, civil and criminal, in which an appeal may, as provided by law, be taken from the judgment or proceedings of any inferior tribunal. They shall have original and general jurisdiction of all civil cases, except cases upon claims to recover personal property or money not of greater value than $100, exclusive of interest, and except such cases as are assigned to some other tribunal; also in all cases for the recovery of fees in excess of $100; penalties or cases involving the right to levy and collect toll or taxes or the validity of an ordinance or bylaw of any corporation; and also, of all cases, civil or criminal, in which an appeal may be had to the Supreme Court. They shall have jurisdiction to hear motions filed for the purpose of modifying, dissolving, or extending a protective order pursuant to § 16.1-279.1 or 19.2-152.10 if the circuit court issued such order, unless the circuit court remanded the matter to the jurisdiction of the juvenile and domestic relations district court in accordance with § 16.1-297. They shall also have original jurisdiction of all indictments for felonies and of presentments, informations and indictments for misdemeanors. They shall also have jurisdiction for bail hearings pursuant to §§ 19.2-327.2:1 and 19.2-327.10:1. They shall have appellate jurisdiction of all cases, civil and criminal, in which an appeal, writ of error or supersedes may, as provided by law, be taken to or allowed by such courts, or the judges thereof, from or to the judgment or proceedings of any inferior tribunal. They shall also have jurisdiction of all other matters, civil and criminal, made cognizable therein by law and when a motion to recover money is allowed in such tribunals, they may hear and determine the same, although it is to recover less than $100.	Circuit Courts	Jurisdiction of the courts
Add to Dashboard + Create New	Virginia	§ 16.1-69.8. Existing courts continued and redesignated; exception.	§ 16.1-69.8. Existing courts continued and redesignated; exception.	The present system of courts not of record is continued as follows on and after July 1, 1973: (a) The county court in each county shall continue as the general district + See more court of such county with the same powers and with territorial jurisdiction over such county and over any city within the county for which a municipal court with general civil or criminal jurisdiction or separate general district court has not been established. (b) The municipal court or courts in each city, excluding courts of limited jurisdiction established pursuant to Chapter 5 (§ 16.1-70 et seq.) of this title and juvenile and domestic relations courts, shall continue as the general district court of the city with the same powers and territorial jurisdiction over such city; provided that in the case of more than one such municipal court in operation in any city, all such courts shall be merged on July 1, 1973, and their powers and territorial jurisdiction merged in the general district court.	General District Courts	Jurisdiction of the courts
Add to Dashboard + Create New	Virginia	§ 16.1-241. Jurisdiction	§ 16.1-241. Jurisdiction	The judges of the juvenile and domestic relations district court elected or appointed under this law shall be conservators of the peace within the corporate limits of the cities and + See more the boundaries of the counties for which they are respectively chosen and within one mile beyond the limits of such cities and counties. Except as hereinafter provided, each juvenile and domestic relations district court shall have, within the limits of the territory for which it is created, exclusive original jurisdiction, and within one mile beyond the limits of said city or county, concurrent jurisdiction with the juvenile court or courts of the adjoining city or county, over all cases, matters and proceedings involving: A. The custody, visitation, support, control or disposition of a child: 1. Who is alleged to be abused, neglected, in need of services, in need of supervision, a status offender, or delinquent except where the jurisdiction of the juvenile court has been terminated or divested; 2. Who is abandoned by his parent or other custodian or who by reason of the absence or physical or mental incapacity of his parents is without parental care and guardianship; 2a. Who is at risk of being abused or neglected by a parent or custodian who has been adjudicated as having abused or neglected another child in the care of the parent or custodian; 3. Whose custody, visitation or support is a subject of controversy or requires determination. In such cases jurisdiction shall be concurrent with and not exclusive of courts having equity jurisdiction, except as provided in § 16.1-244; 4. Who is the subject of an entrustment agreement entered into pursuant to § 63.2-903 or 63.2-1817 or whose parent or parents for good cause desire to be relieved of his care and custody; 5. Where the termination of residual parental rights and responsibilities is sought. In such cases jurisdiction shall be concurrent with and not exclusive of courts having equity jurisdiction, as provided in § 16.1-244; and 6. Who is charged with a traffic infraction as defined in § 46.2-100.	Juvenile and Domestic Relations District Courts	Jurisdiction of the courts
Add to Dashboard + Create New	Virginia	Va. Const. art. IV, § 1	Va. Const. art. IV, § 1	The judicial power of the Commonwealth shall be vested in a Supreme Court and in such other courts of original or appellate jurisdiction subordinate to the Supreme Court as the + See more General Assembly may from time to time establish.	Generally applicable - judicial power	Creation of the courts

Case Law

	State	Citation	Question	Brief Answer	Language from the opinion	When does the case apply?
Add to Dashboard + Create New	Virginia	Ohree v. Com., 26 Va. App. 299, 306, 494 S.E.2d 484, 488 (1998)	Other applicable caselaw		"[T]he imposition of the cost of providing a jury does not impose an excessive or unnecessary burden upon the exercise of the right of a jury trial under the United + See more States Constitution."	Fines and fees
Add to Dashboard + Create New	Virginia	Com. v. Sprinkles, 31 Va. 650, 650 (1833)			"Indictment against four persons for an assault; they plead severally; and verdict, that they are guilty, assessing several fines on each: an attorney's fee is not to be taxed against + See more each, but only one attorney's fee against all the defendants."	Fines and fees

Attorney General Opinions

	State	Citation	Description/Statute Name	Question	Brief answer	Language from the opinion	When does the case apply?
Add to Dashboard + Create New	Virginia	2000 Va. Op. Att'y. Gen. (2000)	Costs and fines dischargeable in bankruptcy	Other applicable opinions		"Criminal costs, which may or may not be contingent upon sentence but are associated with conviction, and traffic fines are nondischargeable in Chapter 7 bankruptcy proceedings. Debt for restitution or + See more criminal fine included in criminal sentence is nondischargeable in Chapter 13 bankruptcy; criminal fines not contingent upon sentence, traffic fines arising from traffic infractions, and civil traffic fines are dischargeable in Chapter 13 bankruptcies."	Enforcement