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Fines and Fees
State Statute Description/Statute Name Statutory language Amount Level of offense Mandatory Imposed by Delegation of authority
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Delaware Ann. tit. 11, § 1505 Civil Remedies
(b) The Attorney General may institute proceedings under § 1503 of this title and in addition for damages, civil forfeiture and a civil penalty of up to $ 100,000
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for each incident of activity constituting a violation of this chapter. In any action brought by the State under § 1503 of this title, the Court shall proceed as soon as practicable to hold a hearing and reach a final determination in the matter. Pending final determination thereof, the Court may at any time enter such restraining orders or prohibitions, or take such other actions, including the acceptance of any satisfactory performance bond, as it shall deem proper.
$0 - $100000

None
All No Prosecutor No
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Delaware Ann. tit. 11, § 9016 Penalty assessment
(a) In addition to, and at the same time as, any fine is assessed to any criminal defendant or any child adjudicated delinquent, there shall be levied an additional
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penalty of 18% of every fine, penalty and forfeiture imposed and collected by the courts for crimes or offenses as defined in § 233 of this title, or $ 10 per offense of conviction, whichever is greater. Where multiple offenses are involved, the penalty assessment shall be based upon the total fine for all offenses. When a fine, penalty or forfeiture is suspended, in whole or in part, the penalty assessment shall not be suspended; provided, however, that if the penalty assessment herein imposed remains uncollected for a period in excess of 3 years, the courts may expunge the record of such assessment.
18% of every fine or $10 per offense of conviction
All Yes Court No
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Delaware Ann. tit. 21, § 702 Failure to answer summons; penalty
(a) Whoever fails to answer any summons to appear in any court of competent jurisdiction to answer for any violation of the motor vehicle laws of this State, after
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notice thereof served personally or securely fastened to the motor vehicle of which such person is the owner or operator, shall be fined, for the first offense, not less than $ 25 nor more than $ 50. For each subsequent like offense, such person shall be fined not less than $ 50 nor more than $ 100, or imprisoned not less than 2 nor more than 15 days or both.
$25 - $100

For first offense: between 25 and 50. For each subsequent offense: between
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50 and 100.
Traffic Yes Court No
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Delaware Ann. tit. 10, § 8903 Witnesses
For attendance in any court, or before referees under a rule of court, or before a justice in case of forcible entry, or landlord vs. tenant, or before a county
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governing body, or before a Commissioner, Register in Chancery, or prothonotary, executing a commission or rule for taking depositions, or before either House of the General Assembly, or a committee appointed by either House, each day $ 2.00, and 3 cents per mile going and returning. Attendance before a justice of the peace, or before 2 justices, in all cases except as before provided for, 50 cents, and 2 cents per mile going and returning. A person who has been committed in default of a recognizance to appear as a witness in a criminal case, shall, for the time the person is detained, receive such compensation as the court allows.
$2 - $0

And 3 cents per mile
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All Yes Court No
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Delaware Ann. tit. 10, § 8904 Witnesses; Court of Common Pleas for Kent County
The fees of witnesses in the Court of Common Pleas for Kent County, for the services specified, shall be as listed below:
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For each day's attendance.......................................$ 1.00 Three cents per mile going and returning.
$1 - $0

1.00 dollars plus three cents per mile going and returning.
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All Yes Court No
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Delaware Ann. tit. 10, § 8906 Expert witnesses
The fees for witnesses testifying as experts or in the capacity of professionals in cases in the Superior Court, the Court of Common Pleas and the Court of Chancery, within
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this State, shall be fixed by the Court in its discretion, and such fees so fixed shall be taxed as part of the costs in each case and shall be collected and paid as other witness fees are now collected and paid.
shall be fixed by the Court
All Yes Court No
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Delaware Ann. tit. 10, § 9701 Sheriffs and New Castle County Constables
The fees of sheriffs and of New Castle County Constables, for the services specified, in cases before a justice of the peace shall be as follows:
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For serving and returning a summons, or a scire facias, on one or more defendants, including all services in a cause before judgment, except mileage and summoning witnesses and referees, when residing in New Castle County, north of the Christiana River and in Kent and Sussex Counties...............................$ .50 When residing in New Castle County south of the Christiana River. 1.00 Mileage in serving and returning a summons or scire facias at the rate of 10 cents for each mile necessarily traveled. If no service be made, there shall be no fee or allowance of mileage, except in case of a scire facias when judgment shall be rendered thereon. Giving notice of an application for, or time of a new trial...… .50 For summoning referees (only 1 fee to be allowed unless there be a new trial and then only 2), when residing in New Castle County north of Christiana River and in Kent and Sussex Counties..… .50 When residing in New Castle County south of Christiana River.… 1.00 Mileage in summoning referees the same as in the case of witness. For summoning witness, each when residing in New Castle County north of Christiana River and in Kent and Sussex Counties........… .25 When residing in New Castle County south of Christiana River..… .50 And 10 cents for each mile necessarily traveled, to be counted as if all the witnesses for the same party were named in the same writ and summoned at the same time. For summoning garnishees on execution, or other attachment, for each garnishee (and mileage as in the case of witnesses)........… .50 For posting advertisements of attachment (all) with mileage at the rate of 10 cents per mile, going to and returning from the courthouse, where one of said advertisements must by law be posted .......................................................................… .50
Cost of mileage varies depending on county
All Yes Court No
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Delaware Del. Code Ann. tit. 10, § 9701 Sheriffs and New Castle County Constables
ON EXECUTIONS For giving notice to plaintiff on each execution in his or her hands
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of date of sale of goods......................................$ .50 For taking goods in execution.................................… .50 Making inventory, appraisement and return.....................… .50 Advertising, selling goods...................................… 1.00 Collecting on execution, without sale (if the writ shall have been in his or her hands 15 days before the money is paid).........… .80 On all sums collected when the execution exceeds $50 there shall also be allowed 5 percent, in addition to the above fees. For a return of "no goods"....................................… .25 Mileage on execution, the same as in case of summoning witnesses. For conveying a person to jail, when residing in New Castle County north of Christiana River and in Kent and Sussex Counties.… 1.50 When residing in New Castle County south of Christiana River.… 3.00 And 10 cents per mile from the place of arrest to the jail, and back to the justice's office. For serving a warrant in a criminal case, when residing in New Castle County north of Christiana River and in Kent and Sussex Counties… .......................................................................… .50 When residing in New Castle County south of Christiana River.… 1.00 Conveying defendant from 1 county to another, 10 cents per mile going and returning.
$0.50 - $1 All Yes Court No
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Delaware Del. Code Ann. tit. 10, § 9702 Kent County constables
For serving and returning a summons, or scire facias on one or more defendants, including all services in
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a cause before judgment..… .........................................................................$ 1.00
$1 All Yes Court No
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Delaware Del. Code Ann. tit. 10, § 9702 Kent County constables
For serving and returning a subpoena, $ 1.00 for the first 2 persons and 50 cent(s) for each
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additional person. Mileage in serving and returning a summons subpoena or scire facias at the rate of 10 cents for each mile necessarily traveled to be counted as if all persons summoned were summoned at the same time. If no service is made, there shall be no fee except in case of a scire facias when judgment shall be rendered thereon, but mileage shall be allowed. Giving notice of an application for, or time of a new trial..… 1.00 For summoning referees (only 1 fee to be allowed unless there is a new trial and then only 2)................................… 1.50 Mileage in summoning referees' notice of new trial the same as in the case of witness. For summoning witness.........................................… .50 And 10 cents for each mile necessarily traveled, to be counted as if all witnesses summoned were summoned at the same time. For summoning garnishees on execution, or other attachment for each garnishee (and mileage as in the case of witnesses).......… 1.00 For posting advertisements of attachment (all) with mileage at the rate of 10 cents per mile, going to and returning from the courthouse, where one of the advertisements must by law be posted.. ......................................................................… 1.00
$0 - $6

cost of service plus cost of mileage
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All Yes Court No
Poverty Penalties and Poverty Traps
State Statute Description/Statute Name Statutory language Type of poverty penalty or poverty trap Level of offense Mandatory
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Delaware 10 Del. C. § 8603(e) Nonpayment of Costs

A default in the payment of defense costs or any installment thereof may be collected by any means authorized by law for the enforcement of a judgment. The levy of

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execution for the collection of such payment shall not discharge a defendant committed for imprisonment for contempt until the full amount of the fine has actually been collected. The court shall have the power to pursue civil enforcement to obtain the money due on behalf of the State, and to also pursue criminal remedies when civil means are not effective.

Civil judgment All No
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Delaware 10 Del. C. § 8603(b);(c) Nonpayment of Costs

(b) If there has been no former citation for contempt, the term of imprisonment for contempt for the nonpayment of defense costs shall be set forth in the commitment order,

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and shall not exceed 1 day for each $ 25 of the full amount. In no event shall imprisonment exceed 30 days if the fine was imposed upon conviction of a violation or misdemeanor. In all other cases, the court may impose a term of imprisonment not to exceed 1 year. A person committed for nonpayment shall be given credit toward payment for each day of imprisonment at the rate specified in the commitment order. (c) Upon a second or subsequent citation for contempt and unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure on the defendant's part to make good faith effort to make the payment, the court may find that such default constitutes contempt and may order the defendant committed until the payment, or a specified part thereof, is paid.

Incarceration All No
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Delaware 10 Del. C. § 8603(e) Nonpayment of Costs

A default in the payment of defense costs or any installment thereof may be collected by any means authorized by law for the enforcement of a judgment. The levy of

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execution for the collection of such payment shall not discharge a defendant committed for imprisonment for contempt until the full amount of the fine has actually been collected. The court shall have the power to pursue civil enforcement to obtain the money due on behalf of the State, and to also pursue criminal remedies when civil means are not effective.

Incarceration All No
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Delaware 4 Del. C. § 902 Offenses Carrying Penalty of Fine of $500 to $1,000 or Imprisonment for 3 to 6 Months on Failure to Pay Fine

In addition to payment of costs, be fined not less than $500 nor more than $1,000, and, on failure to pay such fine and costs, shall be imprisoned not less

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than 3 nor more than 6 months. Justices of the peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this section.

Incarceration Misdemeanor Yes
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Delaware 10 Del. C. § 8709 Neglect or Refusal to Pay Fees; Penalty

Whoever neglects or refuses to pay the fees provided for in §§ 8707 and 8708 of this title, for any service performed within 10 days after written demand from the officer

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to whom such fees are due, shall be fined $ 10 besides costs of suit.

Increased fine All Yes
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Delaware 10 Del. C. § 8602(b) Conditions of Payment

When the court determines that a defendant must pay the costs of defense and the defendant is also placed on probation, or the imposition or execution of a sentence is

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suspended, the court may make payment of such costs a condition of probation or suspension of sentence.

Condition or extension of supervision All No
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Delaware 10 Del. C. § 8602(a) Conditions of Payment

When the court determines that a defendant must pay the costs of defense, the court may grant permission for payment to be made within a specified period of time or

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in specified installments. If no such permission is granted, the full amount shall be payable forthwith.

Payment plan/installment plan All No
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Delaware 11 Del. C. § 4104(e) Fines, Costs or Restitution; How Collected; Holding Operator's License as Security for Payment

Whenever any person lawfully possessed of an operator's license theretofore issued to the person by the Division of Motor Vehicles of the Department of Transportation of the State, or under

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the laws of any other state or territory, or of the District of Columbia, shall be arrested and charged with any violation of the traffic or criminal laws of this State, or of any political subdivision thereof, a court, as a condition of sentencing, may take and hold, as security for the payment of any fine, costs, restitution or Victims Compensation Fund assessment, the operator's license so issued to the defendant.

Driver's license suspension/impoundment All No
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Delaware 11 Del. C. § 4104(c) Fines, Costs or Restitution; How Collected; Holding Operator's License as Security for Payment

Any court may, in its discretion, direct any person sentenced to pay a fine or restitution upon conviction of a crime, who is employed within this State or by a

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Delaware resident or employer, to execute an assignment of a specified periodic sum not to exceed 1/3 of the person's total earnings, which assignment shall direct the person's employer to withhold and remit that amount to this State up to the total of the fine, costs and restitution imposed.

Wage/bank account garnishment All No
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Delaware 11 Del. C. § 4104(a)(1)-(2) Fines, Costs or Restitution; How Collected; Holding Operator's License as Security for Payment

When a court imposes a fine, costs or restitution upon a defendant, the court or justice of the peace may direct as follows:(1) That the defendant pay the entire amount

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at the time sentence is imposed; (2) That the defendant pay a specified portion of the fine, costs or restitution at designated periodic intervals, and in such case may direct that the fine, costs or restitution be remitted to a probation officer who shall report to the court, at such periods as the court may direct, any failure to comply with the orders; or

Payment plan/installment plan All No
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
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Delaware 10 Del. C. §8603(a) Nonpayment of Costs

When a defendant who is required to pay the costs of defense defaults in the payment thereof or of any installment, the court on motion of the Attorney General or

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upon its own motion may require the defendant to show cause why the default should not be treated as contempt of court, and may issue a rule or order to show cause why such default should not be treated as contempt of court, and may take such further actions as the court determines to produce the defendant before the court.

All Not provided for At enforcement of fine or fee Burden on defendant to show inability to pay Determined by judge without hearing No

Additional Time for Payment; Reducing Payment or Installment Amount; Revoking Payment in Whole or Unpaid Part.

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Delaware 10 Del. C. §8603(d) Nonpayment of Costs

If it appears to the satisfaction of the court that the default in the payment of defense costs is not contempt, the court may enter an order allowing the defendant

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additional time for payment, reducing the amount thereof or of each installment, or revoking such payment or the unpaid portion thereof 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 without hearing No

Additional Time for Payment; Reducing Payment or Installment Amount; Revoking Payment in Whole or Unpaid Part.

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Delaware 10 Del. C. §8601(d) Recoupment of Costs

A defendant who has been required to pay the costs of defense and who is not in contumacious default in the payment thereof may at any time petition the court

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for remission of the payment of such costs, or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or immediate family, the court may remit all or part of the amount due in costs, or modify the method of payment.

All

"Will impose manifest hardship on the defendant or immediate family."

At defendant's request at enforcement Burden on defendant to show inability to pay Determined by judge without hearing No

Remission of All or Part of Fee.

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Delaware 10 Del. C. § 8601(c) Recoupment of Costs

The court shall not require a defendant to pay the costs of defense unless the defendant is, or will be, able to pay them. In determining the amount and method

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of payment of such costs, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose.

All

"The court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose."

Before imposition of fine or fee Not provided for Determined by judge without hearing Yes

Defendant Not Required to Pay.

Transparency
State Statute Description/Statute Name Statutory language Type of obligation Actor
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Delaware 11 Del. C. § 5915(a) Fines, Costs and Restitution; Collection and Disposition

All fines, costs, restitution, penalties, charges and emoluments imposed or levied by the Justice of the Peace Court, including those costs now levied for constables, shall be for such amounts

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as are provided by law, and all such amounts imposed or levied shall be collected by the Justice of the Peace Court imposing the same for which a proper receipt shall be given to the person paying the same. Every and all amounts so collected shall be recorded showing the purpose for which the amounts were collected, the name of the person paying same and such other information as the Justice of the Peace Court may require. The information so maintained shall be open to inspection by the State Treasurer and the State Auditor or their authorized agents at all times...

Obligation to collect or record State courts
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Delaware 11 Del. C. § 5915(b) Fines, Costs and Restitution; Collection and Disposition

... Such fines, penalties and forfeitures shall be collected as other fines, penalties and forfeitures are collected under the laws of this State, and the officers collecting them shall make

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a monthly report thereof to the State Treasurer on blanks to be furnished for that purpose by the Department of Safety and Homeland Security. All costs collected for the violation of any of this title shall be paid to the jurisdiction whose court imposed said costs.

Obligation to report/conduct analysis Law enforcement
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Delaware 10 Del. C. § 8503 Posting of Fee Lists

Every officer referred to in this part, who keeps a public office, shall always post in some convenient and conspicuous place a printed or written list of the fees prescribed

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in this part, as they relate to such officer's office.

Obligation to collect or record Law enforcement
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Delaware Del. Super. Ct. Crim. R. 58(b) Fees and Costs; Bank Accounts.

Bank accounts. The prothonotary of each county shall maintain interest-bearing bank accounts as required by statute or by the court, including but not limited to accounts for bail deposits, fees

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and costs, restitution payments and fines, and shall disburse accrued interest in accordance with 10 Del. C. § 2324, 11 Del. C. § 4106(d)(3) or other statute or, in the absence thereof, as directed by the court. The prothonotary shall keep an accurate and complete record of the receipts and disbursements of each account.

Obligation to collect or record County
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Delaware 21 Del. C. § 706 Disposition of Fines and Costs

All the fines, penalties and forfeitures imposed and collected in any county of this State for violation of any of the laws of this title in relation to motor vehicles,

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where the arrests are procured by the authorized representatives of the Department of Safety and Homeland Security, shall inure and be paid to the State Treasurer for the General Fund. Such fines, penalties and forfeitures shall be collected as other fines, penalties and forfeitures are collected under the laws of this State, and the officers collecting them shall make a monthly report thereof to the State Treasurer on blanks to be furnished for that purpose by the Department of Safety and Homeland Security.

Obligation to report/conduct analysis Local jurisdiction
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Delaware 10 Del. C. § 375 Recording of Bonds and Other Obligations

All bonds or obligations taken pursuant to any order or judgment of the Court of Chancery in this State, shall be recorded in such Court in such manner as the

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Court directs. The record of any such bond or obligation so recorded, shall, upon proof of the loss of the original, be received as evidence in all courts within this State.

Obligation to collect or record State courts
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Delaware 10 Del. C. § 1329 Record

A verbatim record shall be kept of all evidence taken in the Court.

Obligation to collect or record State courts
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Delaware 10 Del. C. § 1961 Preparation of Judicial Reports

The Committee on Publications of Opinions, appointed by the Chief Justice of the Delaware Supreme Court in accordance with a rule of that Court, shall report such opinions of the

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Supreme Court, the Chancery Court and the Superior Court, as in its judgment are deemed proper to be reported; and the Committee shall have such reported opinions, together with any court rules and proceedings as it may select, printed and published in bound volumes in such manner and under such terms as it shall determine. The Committee shall deposit such number of copies as are deemed needed for public use with the Secretary of State, to be distributed in accordance with law.

Obligation to report/conduct analysis State courts
Collections Infrastructure
State Statute Description/Statute Name Statutory language Who may collect
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Delaware 11 Del. C. § 9006 Function of the Agency

The Agency, subject to the approval of the Department of Justice, shall have the following functions, powers and duties: ...(8) To reimburse other governmental agencies pursuant to this chapter for

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emergency awards to victims, secondary victims, or claimants;(9) To recover through reimbursement by the criminal defendant the full amount of compensation paid to victims of crimes committed by the defendant; (10) To recover through reimbursement from victims, claimants, and their dependents funds received from other sources of payment, as set forth herein

State/statewide agency
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Delaware 11 Del. C. § 9014(a) Recovery From the Criminal

Whenever any person is convicted of an offense and a payment of compensation is, or has been, made under this chapter for a personal injury or death resulting from the

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act constituting such offense, the State may institute an action against such person for the recovery of the whole or any specified part of the compensation in any Superior Court within the State, or in any other court, either state or federal, if such court has custody or control of funds of the criminal or which may be awarded to the criminal. Any amounts recovered under this section shall be deposited to the fund which finances the administration of this chapter.

State/statewide agency
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Delaware 10 Del. C. § 9708 Duties with Respect to Fees; Limitations on Fees

The justice shall tax the fee for every service specified in this chapter. No other fee shall be allowed and no mileage shall be allowed unless it is expressly given.

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In no case shall a fee be charged for a service not performed; and every officer or person receiving a fee, shall, upon demand give a receipt specifying the items.

State courts
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Delaware 11 Del. C. § 4101 Payment of Fines, Costs and Restitution Upon Conviction

Immediately upon imposition by a court, including a justice of the peace, of any sentence to pay a fine, costs, restitution or all 3, the same shall be a judgment

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against the convicted person for the full amount of the fine, costs, restitution or all 3, assessed by the sentence. Such judgment shall be immediately executable, enforceable and/or transferable by the State or by the victim to whom such restitution is ordered in the same manner as other judgments of the court.

State courts
Revenue Flow
State Statute Description/Statute Name Statutory language Who receives the funding Other beneficiaries Level of offense
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Delaware 11 Del. C. § 9014(a) Recovery from the Criminal

Whenever any person is convicted of an offense and a payment of compensation is, or has been, made under this chapter for a personal injury or death resulting from the

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act constituting such offense, the State may institute an action against such person for the recovery of the whole or any specified part of the compensation in any Superior Court within the State, or in any other court, either state or federal, if such court has custody or control of funds of the criminal or which may be awarded to the criminal. Any amounts recovered under this section shall be deposited to the fund which finances the administration of this chapter.

State/statewide agency N/A All
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Delaware 11 Del. C. § 4101(d) Payment of Fines, Costs and Restitution Upon Conviction

In addition to, and at the same time as, any fine, penalty or forfeiture is assessed to any criminal defendant or any child adjudicated delinquent, there shall be levied an

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additional penalty of $1.00 imposed and collected by the courts for crimes or offenses as defined in § 233 of this title. When a fine, penalty or forfeiture is suspended, in whole or in part, the penalty assessment shall not be suspended. (1) Upon collection of the penalty assessment, the same shall be paid over to the prothonotary or clerk of courts, as the case may be, who shall collect the same and transmit it to the State Treasury to be deposited in a separate account for the administration of this subsection, which account shall be designated the Videophone Fund, which is hereby created. This fund is to be administered by the Criminal Justice Council. Funds shall be utilized to cover line charges, maintenance costs and purchase and upgrade of videophone systems used by state and local agencies in the criminal justice system.(2) For each fiscal year, if the balance in the Videophone Fund exceeds $ 250,000, said funds shall be transferred to the General Fund of the State of Delaware on June 30. The Criminal Justice Council shall submit a detailed spending plan for the use of the videophone funds to the Director of the Office of Management and Budget and Controller General no later than September 30 of each fiscal year. No funds shall be expended until the plan is approved by the Director of the Office of Management and Budget and the Controller General.

State/statewide agency N/A All
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Delaware 11 Del. C. § 9016(b) Penalty Assessment

Upon collection of the penalty assessment, the same shall be paid over to the prothonotary or clerk of court as the case may be, who shall collect the same and

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transmit it to the State Treasury to be deposited in a separate account for the administration of this chapter, which account shall be designated the “Victim Compensation Fund,” which is hereby created. Beginning with the fiscal year ending June 30, 2002, the unencumbered balances on June 30 of each fiscal year in excess of $6,000,000 shall be deposited in the General Fund.

State/statewide agency

Victim's Compensation Fund

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Delaware 11 Del. C. § 4106(d) Restitution for Property Damage or Loss

(d) Each court shall establish procedures for the collection and disbursement of funds ordered under this section, including notification of the victim that restitution has been ordered. Such procedures shall

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at minimum include the following: (1) All restitution payments shall be disbursed to victims within 90 days of receipt or whenever the accumulated amount of the restitution payments received is $ 50 or more, whichever event first occurs. (2) Where there are multiple victims, disbursements shall be in proportion to the amounts owed to each victim, with individuals to receive disbursements in full before insurance companies receive any disbursements. (3) Any and all interest earned on deposited restitution payments shall be set aside and deposited on at least a quarterly basis to the Victim Compensation Fund. Any and all principal amounts received as restitution payments which are unclaimed after 5 years from date of receipt shall be deposited in the Victim Compensation Fund. If, at any time in the future, the victim owed restitution requests the transferred funds, and makes application to the Victim Compensation Fund Board, said moneys will be refunded, following verification by the transferring Court.

Private actors

Victim's Compensation Fund

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Delaware Del. J. P. Ct. Crim. R. 58(b);(c) Fees and Costs; Deposit of Funds

(b) Deposit of funds. -- All funds received for criminal and traffic fines, fees and costs shall be deposited by the next banking day to the account of the General

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Fund of the State of Delaware. The clerk shall keep an accurate and complete record of all funds received and deposited. (c) Court Security Fund assessment. -- In addition to any other amounts assessed as fees or costs by any other statute, rule, or law, the clerk shall collect from the defendant, on each traffic or criminal charge for which there is a conviction, or a finding or an admission of responsibility for an infraction for which a civil penalty may be assessed, an amount equal to $ 10.00 as an assessment for the Court Security Fund established by 10 Del. C. § 8505(b). The amounts collected under this paragraph shall be deposited into a separate account known as the Court Security Assessment Fund.

State/statewide agency

Court Security Fund.

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Delaware 11 Del. C. § 5915(a) Fines, Costs and Restitution; Collection and Disposition

All fines, costs, restitution, penalties, charges and emoluments imposed or levied by the Justice of the Peace Court, including those costs now levied for constables, shall be for such amounts

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as are provided by law, and all such amounts imposed or levied shall be collected by the Justice of the Peace Court imposing the same for which a proper receipt shall be given to the person paying the same. Every and all amounts so collected shall be recorded showing the purpose for which the amounts were collected, the name of the person paying same and such other information as the Justice of the Peace Court may require. The information so maintained shall be open to inspection by the State Treasurer and the State Auditor or their authorized agents at all times. All fines and penalties collected for each calendar month shall be paid over by the Justice of the Peace Court to the State Treasurer within 15 days after the first day of the succeeding calendar month, provided that any such fines or forfeitures which, by the laws of this State, are due and payable to a county or municipality thereof shall be paid by the Justice of the Peace Court to the county or municipality entitled thereto.

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County or Municipality.

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Delaware 11 Del. C. § 5915(b) Fines, Costs and Restitution; Collection and Disposition

All fines collected for the violation of any of this title, in the limits of any county, incorporated city or town in this State where arrests are procured by the

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authorized representatives of that county, incorporated city or town, shall be paid to that county, incorporated city or town within which such offense was committed for the use of that county, incorporated city or town. Nothing in this subsection shall be construed to entitle any county to fines, penalties or forfeitures arising from an arrest made under this title by an authorized representative of that county for a violation committed within any incorporated city or town. All the fines, penalties and forfeitures imposed and collected in any county of this State for violation of any of the laws of this title, where the arrests are procured by the authorized representatives of the Department of Safety and Homeland Security, shall inure and be paid to the State Treasurer for the General Fund. Such fines, penalties and forfeitures shall be collected as other fines, penalties and forfeitures are collected under the laws of this State, and the officers collecting them shall make a monthly report thereof to the State Treasurer on blanks to be furnished for that purpose by the Department of Safety and Homeland Security. All costs collected for the violation of any of this title shall be paid to the jurisdiction whose court imposed said costs.

State/statewide agency

Department of Safety and Homeland Security.

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Delaware 21 Del. C. § 706(a) Disposition of Fines and Costs

All fines collected for the violation of any of the provisions of this title, in the limits of any county, incorporated city or town in this State where arrests are

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procured by the authorized representatives of that county, incorporated city or town, shall be paid to that county, incorporated city or town within which such offense was committed for the use of that county, incorporated city or town. Nothing in this section shall be construed to entitle any county to fines, penalties or forfeitures arising from an arrest made under this title by an authorized representative of that county for a violation committed within any incorporated city or town. All the fines, penalties and forfeitures imposed and collected in any county of this State for violation of any of the laws of this title in relation to motor vehicles, where the arrests are procured by the authorized representatives of the Department of Safety and Homeland Security, shall inure and be paid to the State Treasurer for the General Fund. Such fines, penalties and forfeitures shall be collected as other fines, penalties and forfeitures are collected under the laws of this State, and the officers collecting them shall make a monthly report thereof to the State Treasurer on blanks to be furnished for that purpose by the Department of Safety and Homeland Security. All costs collected for the violation of any of the provisions of this title shall be paid to the jurisdiction whose court imposed said costs.

State/statewide agency

Department of Safety and Homeland Security.

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Delaware 21 Del. C. § 706(a) Disposition of Fines and Costs

... All costs collected for the violation of any of the provisions of this title shall be paid to the jurisdiction whose court imposed said costs.

County

Municipality.

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Delaware Del. J. P. Ct. Crim. R. 58(b) Fees and Costs; Deposit of Funds

All funds received for criminal and traffic fines, fees and costs shall be deposited by the next banking day to the account of the General Fund of the State of

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Delaware. The clerk shall keep an accurate and complete record of all funds received and deposited.

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Structure of Courts
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Delaware Del. Const. Art. IV, § 7 Jurisdiction of the Superior Court

The Superior Court shall have jurisdiction of all causes of a civil nature, real, personal and mixed, at common law and all the other jurisdiction and powers vested by the

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laws of this State in the formerly existing Superior Court; and also shall have all the jurisdiction and powers vested by the laws of this State in the formerly existing Court of General Sessions of the Peace and Jail Delivery; and also shall have all the jurisdiction and powers vested by the laws of this State in the formerly existing Court of General Sessions; and also shall have all the jurisdiction and powers vested by the laws of this State in the formerly existing Court of Oyer and Terminer.

Jurisdiction of the courts
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Delaware Del. Const. Art. IV, § 1 Creation of Courts

The judicial power of this State shall be vested in a Supreme Court, a Superior Court, a Court of Chancery, a Family Court, a Court of Common Pleas, a Register's

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Court, Justices of the Peace, and such other courts as the General Assembly, with the concurrence of two-thirds of all the Members elected to each House, shall have by law established prior to the time this amended Article IV of this Constitution becomes effective or shall from time to time by law establish after such time.

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Delaware 10 Del. C. § 925(1)-(19) General Jurisdiction

The Court and each Judge shall have authority to: (1) Conserve the peace; (2) Commit or bind, with or without surety, as a committing magistrate, for appearance at the proper court, persons charged with having

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violated the law together with material witnesses and impose conditions as set forth in § 1021 of this title; (3) Determine and punish civil and criminal contempt; (4) Issue process for the exercise of its jurisdiction and require service thereof under pain of contempt (5) Receive, hear, and make recommendations concerning matters assigned to it by any state or municipal court. Such recommendations shall be certified to the assigning court; (6) Transfer for good cause any proceeding from the Court in 1 county to the Court in any other county; (7) Enter, proceed on, and satisfy in the name of the State any forfeited bond, provided however, that the proceeds of any bond forfeited for a party’s failure to appear in any civil or criminal child support proceeding shall be paid over to the payee of the child support order and applied to the child support account (8) Sit separately or jointly with any or all other Judges; (9) Hear, determine, render, and enforce judgment in any proceeding before the Court; (10) Assess fees, costs, and fines; or remit them in proper cases; (11) After due notice to interested parties, review, revise, or revoke any prior order of the Court with reference to the custody, control, care, support or visitation of any person, or in any proceeding where failure to do so would result in manifest injustice (12) Punish for contempt any person who, in order to evade the Court’s jurisdiction, removed from the State any child concerning whose possession, custody, or alleged unlawful detention, a writ of habeas corpus or other proceeding has been filed; (13) Administer oaths and take acknowledgments; (14) Appoint guardians ad litem; (15) In any civil action where jurisdiction is otherwise conferred upon the Family Court, it may enter such orders against any party to the action as the principles of equity appear to require. (16) Appoint guardians of the person over minors under 18 years of age (17) Appoint attorneys and/or Court-Appointed Special Advocates to serve as guardians ad litem to represent the best interests of a child in any child welfare proceeding; (18) Determine and enter disposition for alleged violations of probation by juveniles in accordance with the procedures established at § 4334 of Title 11. The term Commissioner or any probation counselor as used in § 4334 of Title 11 shall include the appropriate member of the Department of Services for Children, Youth and Their Families; (19) Decide appeals from administrative hearings of substantiated cases of abuse or neglect made pursuant to § 902A(d) of Title 16[repealed], and to decide appeals made pursuant to § 902A(g) of Title 16 [repealed] for orders of administrative expungement of substantiation for the purpose of no longer reporting an individual’s name pursuant to § 8563(b) of Title 11.

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Delaware Del. Const. Art. IV, § 7B Jurisdiction of the Court of Common Pleas

The Court of Common Pleas shall have all the jurisdiction and powers vested by the laws of this State in the Court of Common Pleas.

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Delaware 10 Del. C. § 341 Matters and Causes in Equity

The Court of Chancery shall have jurisdiction to hear and determine all matters and causes in equity.

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Delaware Del. Const. Art. IV, § 11 Justices Jurisdiction of the Supreme Court

The Supreme Court shall have jurisdiction as follows: (1)(a) To receive appeals from the Superior Court in civil causes and to determine finally all matters of appeal in the interlocutory

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or final judgments and other proceedings of said Superior Court in civil causes: Provided that on appeal from a verdict of a jury, the findings of the jury, if supported by evidence, shall be conclusive. (1)(b) To receive appeals from the Superior Court in criminal causes, upon application of the accused in all cases in which the sentence shall be death, imprisonment exceeding one month, or fine exceeding One Hundred Dollars, and in such other cases as shall be provided by law; and to determine finally all matters of appeal on the judgments and proceedings of said Superior Court in criminal causes: Provided, however, that appeals from the Superior Court in cases of prosecution under Section 8 of Article V of this Constitution shall be governed by the provisions of that Section. (1)(c) Notwithstanding any provisions of this Section to the contrary, to receive appeals from the Superior Court in criminal causes, upon application by the State in all causes in which the Superior Court, or any inferior court an appeal from which lies to the Superior Court, has granted an accused any of the following: a new trial or judgment of acquittal after a verdict, modification of a verdict, arrest of judgment, relief in any post-conviction proceeding or in any action collaterally attacking a criminal judgment, or a new punishment hearing in a capital case after the court has imposed a sentence of death, or any order or judgment declaring any act of the General Assembly, or any portion of any such act, to be unconstitutional under either the Constitution of the United States or the State of Delaware, inoperative or unenforceable, except that no appeal shall lie where otherwise prohibited by the double jeopardy clause of the Constitution of the United States or of this State. Notwithstanding anything in this Article to the contrary, the General Assembly may by statute implement the jurisdiction herein conferred. (2) Wherever in this Constitution reference is made to a writ of error or a proceeding in error to the Superior Court, such reference shall be construed as referring to the appeal provided for in Section (1)(a) and Section (1)(b) of this Article. (3) To receive appeals from the Superior Court in cases of prosecution under Section 8 of Article V of this Constitution and to determine finally all matters of appeal in such cases. (4) To receive appeals from the Court of Chancery and to determine finally all matters of appeal in the interlocutory or final decrees and other proceedings in chancery. (5) To issue writs of prohibition, quo warranto, certiorari and mandamus to the Superior Court, and the Court of Chancery, or any of the Judges of the said courts and also to any inferior court or courts established or to be established by law and to any of the Judges thereof and to issue all orders, rules and processes proper to give effect to the same. The General Assembly shall have power to provide by law in what manner the jurisdiction and power hereby conferred may be exercised in vacation and whether by one or more Justices of the Supreme Court. (6) To issue such temporary writs or orders in causes pending on appeal, or on writ of error, as may be necessary to protect the rights of parties and any Justice of the Supreme Court may exercise this power when the court is not in session. (7) To exercise such other jurisdiction by way of appeal, writ of error or of certiorari as the General Assembly may from time to time confer upon it. (8) To hear and determine questions of law certified to it by other Delaware courts, the Supreme Court of the United States, a Court of Appeals of the United States, a United States District Court, a United States Bankruptcy Court, the United States Securities and Exchange Commission, or the highest appellate court of any other state, the highest appellate court of any foreign country, or any foreign governmental agency regulating the public issuance or trading of securities, where it appears to the Supreme Court that there are important and urgent reasons for an immediate determination of such questions by it.

Jurisdiction of the courts
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Delaware Del. Const. Art. IV, § 17 Jurisdictional Changes by General Assembly; Appeals to Supreme Court

The General Assembly, notwithstanding anything contained in this Article, shall have power to repeal or alter any Act of the General Assembly giving jurisdiction to the former Court of Oyer

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and Terminer, the former Superior Court, the former Court of General Sessions of the Peace and Jail Delivery, the former Court of General Sessions, the Superior Court hereby established, the Family Court hereby established, the Court of Common Pleas hereby established or the Court of Chancery, in any matter, or giving any power to any of the said courts. The General Assembly shall also have power to confer upon the Superior Court, the Family Court, the Court of Common Pleas and the Court of Chancery jurisdiction and powers in addition to those hereinbefore mentioned. Until the General Assembly shall otherwise direct, there shall be an appeal to the Supreme Court in all cases in which there is an appeal, according to any Act of the General Assembly, to the former Court of Errors and Appeals or to the former Supreme Court of this State.

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Delaware Del. Const. Art. IV, § 28 Criminal Jurisdiction of Inferior Courts and Justices of the Peace; Regulation of Jurisdiction; Indictment; Jury Trial; Appeals

The General Assembly may by law give to any inferior courts by it established or to be established, or to one or more justices of the peace, jurisdiction of the

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criminal matters following, that is to say--assaults and batteries, carrying concealed a deadly weapon, disturbing meetings held for the purpose of religious worship, nuisances, and such other misdemeanors as the General Assembly may from time to time, with the concurrence of two-thirds of all the Members elected to each House, prescribe. The General Assembly may by law regulate this jurisdiction, and provide that the proceedings shall be with or without indictment by grand jury, or trial by petit jury, and may grant or deny the privilege of appeal to the Superior Court; provided, however, that there shall be an appeal to the Superior Court in all cases in which the sentence shall be imprisonment exceeding one (1) month, or a fine exceeding One Hundred Dollars ($100.00).

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Delaware 10 Del. C. § 9301 Civil Jurisdiction; Amount in Controversy

Unless otherwise specified by law, the Justice of the Peace Court shall have civil jurisdiction over the following: (1) Common-law actions in contract, express or implied, and common-law actions in

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tort for damage, destruction or taking of personal property (including replevin), for injury to real property, and for trespass on the land. Jurisdiction over such actions shall be limited to actions in which the matter in demand, damage claimed, or the value of the property whose return is sought does not exceed $15,000. A penalty in any contract exceeding that sum shall not exclude it from this jurisdiction if the sum actually due thereon is within it. The interest also due on any cause of action within this jurisdiction may be added, although the judgment, with interest so added, exceeds $15,000. (2) Actions for any penalty or forfeiture incurred under the provisions of any statute, bylaw or ordinance authorized by statute when the matter in demand does not exceed $15,000. The interest also due on any such cause of action may be added, although the judgment, with interest so added, exceeds $15,000. (3) Summary possession actions as provided in Chapter 57 of Title 25. (4) Distress for rent actions as provided in Chapter 63 of Title 25. (5) Truancy actions as provided in Chapter 27 of Title 14. Except as otherwise provided in Chapter 27 of Title 14, the Justice of the Peace Court shall have original exclusive jurisdiction of such actions. (6) Any other civil jurisdiction provided by law.

Jurisdiction of the courts
Case Law
State Citation Question Brief Answer Language from the opinion When does the case apply?
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Delaware Potter v. State, 547 A.2d 595, 598 (Del. 1988)
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,
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the sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).
In felony cases that may result in a prison sentence, the Delaware Supreme Court holds that the trial court must make a determination of indigence if indigence is raised as
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an issue. The defendant has the burden of proof and is entitled to a hearing on the issue of indigence. The Court is silent on the substantive factors that must be considered when making a determination of indigence.
If the issue of indigence is raised in a case involving a felony charge which may result in a prison sentence, this Court has held that the trial court has
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a duty to make a determination on the record as to the defendant's alleged indigence before the case proceeds to trial. Stacey v. State, Del.Supr., 358 A.2d 379, 380 (1976) (per curiam). The defendant has the burden of establishing a right to counsel at public expense, but he is entitled to a hearing on the issue of indigence. Id. This Court also held that it is error for a trial court to presume that a defendant is not entitled to counsel from a silent record. Id. Potter v. State, 547 A.2d 595, 598 (Del. 1988)
Ability to pay
Attorney General Opinions
State Citation Description/Statute Name Question Brief answer Language from the opinion When does the case apply?
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Delaware Del. Op. Atty. Gen. 97-IB04 (Del.A.G.), 1997 WL 111291 Town's authority to establish a mail-in center for collecting fines and fees for motor vehicle violations. Other applicable opinions
Under State law, for the Town to operate a voluntary assessment system, summonses issued by the Town police must be returnable to the Mayor's Court. Only the ?Courts of the
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Justices of the Peace may establish a mail-in fine center, ... in which case the summons may be made returnable to the applicable mail-in fine center.? 21 Del. C. Section 709(a) The statute does not authorize a municipality to establish a mail-in fine center for payment of fines for motor vehicle offenses which occur within the town. Nor can a town avail itself of the voluntary assessment procedure unless it has an Alderman's or Mayor's Court that is ?duly established.? 21 Del. C. Section 703(d). Stated differently, there must be an actual court, to which payments for motor vehicle offenses can be remitted ?to dispose of the charge without the necessity of personally appearing in the court to which the summons is returnable.? Id. Section 709(a). In conclusion, the Town of Elsmere is not an entity designated by statute to receive criminal history information from DELJIS. It may only operate a voluntary assessment system through a duly established Alderman's or Mayor's Court. In the absence of such a court, it may not charge, impose or collect ?court costs? or any similar fee from persons charged with motor vehicle violations within its boundaries.
Enforcement
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Delaware Del. Op. Atty. Gen. 93-I004 (Del.A.G.), 1993 WL 594345 Department of Correction's ability to assess a supervision fee on offenders and determine ability to pay Other applicable opinions
The Department, subject only to powers vested in the judicial and certain executive departments and officers of the State, shall have the duties set forth in this chapter and the
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exclusive jurisdiction over the care, charge, custody, control, management, administration and supervision of: (14) Collecting as a condition of supervision, a fee based on the Accountability Level of the offender. An offender sentenced to an Accountability Level I sanction shall be charged a $10 monthly fee; an offender sentenced to an Accountability Level II sanction shall be charged a $20 monthly fee; and an offender sentenced to an Accountability Level III sanction shall be charged a $25 monthly fee. The Director of Community Services shall develop policies and procedures with regard to determining an offender's ability to pay the monthly fee. Such policies and procedures shall be applied on a consistent basis to all offenders, and shall be subject to approval by the Commissioner of Correction. In the event the Department determines an offender is unable to pay the monthly fee due to lack of employment or other significant extenuating circumstances, such as an offender's responsibility to remit payment for victim compensation, restitution or child support, said inability shall not constitute a violation of supervision. The offender shall remain liable to pay the fee at such time as the Department determines he or she is able to do so. (Emphasis Supplied) For the reasons outlined below, we conclude that the Department is permitted to assess a supervision fee on offenders sentenced prior to the effective date of 11 Del.C. Sec. 6504(14).
Ability to pay