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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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Maryland Md. Code Ann., Transp. § 27-101(c)(13) prohibited acts: duty to give information and render aid
Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $500
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or imprisonment for not more than 2 months or both: § 20-104 (“Duty to give information and render aid”);
$0 - $500 Misdemeanor No Court N/A
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Maryland Md. Code Ann., Transp. § 27-101(c)(14) prohibited acts: duty on striking unattended vehicle or other property
Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $500
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or imprisonment for not more than 2 months or both: § 20-105 (“Duty on striking unattended vehicle or other property”);
$0 - $500 Misdemeanor No Court N/A
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Maryland Md. Code Ann., Transp. § 27-101(c)(15) prohibited acts: false reports prohibited
Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $500
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or imprisonment for not more than 2 months or both: § 20-108 (“False reports prohibited”);
$0 - $500 Misdemeanor No Court N/A
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Maryland Md. Code Ann., Transp. § 27-101(c)(16) interference with traffic control devices
Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $500
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or imprisonment for not more than 2 months or both: § 21-206 (“Interference with traffic control devices or railroad signs and signals”);
$0 - $500 Misdemeanor No Court N/A
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Maryland Md. Code Ann., Transp. § 27-101(c)(17) pedestrians' right-of-way in crosswalks
Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $500
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or imprisonment for not more than 2 months or both: As to a pedestrian in a marked crosswalk, § 21-502(a) (“Pedestrians' right-of-way in crosswalks: In general”), if the violation contributes to an accident;
$0 - $500 Misdemeanor No Court N/A
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Maryland Md. Code Ann., Transp. § 27-101(c)(18) passing of vehicle stopped for pedestrian prohibited
Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $500
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or imprisonment for not more than 2 months or both: As to another vehicle stopped at a marked crosswalk, § 21-502(c) (“Passing of vehicle stopped for pedestrian prohibited”), if the violation contributes to an accident;
$0 - $500 Misdemeanor No Court N/A
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Maryland Md. Code Ann., Transp. § 27-101(c)(19) driving while impaired by alcohol
Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $500
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or imprisonment for not more than 2 months or both: Except as provided in subsections (f) and (q) of this section, § 21-902(b) (“Driving while impaired by alcohol”);
$0 - $500 Misdemeanor No Court N/A
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Maryland Md. Code Ann., Transp. § 27-101(c)(20) driving while impaired by drugs
Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $500
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or imprisonment for not more than 2 months or both: Except as provided in subsections (f) and (q) of this section, § 21-902(c) (“Driving while impaired by drugs or drugs and alcohol”);
$0 - $500 Misdemeanor No Court N/A
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Maryland Md. Code Ann., Transp. § 27-101(c)(21) driving within 12 hours after arrest
Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $500
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or imprisonment for not more than 2 months or both: § 21-902.1 (“Driving within 12 hours after arrest”);
$0 - $500 Misdemeanor No Court N/A
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Maryland Md. Code Ann., Transp. § 27-101(c)(22) towing or removal of vehicles from parking lots
Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $500
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or imprisonment for not more than 2 months or both: § 21-902.1 (“Driving within 12 hours after arrest”);
$0 - $500 Misdemeanor No 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
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Kansas Kan. Stat. Ann. § 8-2110 Failure to comply with traffic citation; misdemeanor; suspension of driver's license; restricted driving privileges; fees for mailing notice; reinstatement fee; authorized only by legislative enactment; disposition of reinstatement fees
When a person fails to comply with a traffic citation, except for illegal parking, standing or stopping, the district or municipal court in which the person should have complied with
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the citation shall mail notice to the person that if the person does not appear in district or municipal court or pay all fines, court costs and any penalties within 30 days from the date of mailing notice, the division of vehicles will be notified to suspend the person's driving privileges. The district or municipal court may charge an additional fee of $5 for mailing such notice.
Driver's license suspension/impoundment Misdemeanor Yes
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Kansas Kan. Stat. Ann. § 8-1567 Driving a commercial motor vehicle under the influence; penalties
In lieu of payment of a fine imposed pursuant to this section, the court may order that the person perform community service specified by the court. The person shall receive
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a credit on the fine imposed in an amount equal to $5 for each full hour spent by the person in the specified community service. The community service ordered by the court shall be required to be performed not later than one year after the fine is imposed or by an earlier date specified by the court. If by the required date the person performs an insufficient amount of community service to reduce to zero the portion of the fine required to be paid by the person, the remaining balance of the fine shall become due on that date.
Community service All No
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Montana Mont. Code Ann. § 45-5-205(4) Negligent vehicular assault--penalty
If a term of incarceration is imposed under subsection (2) or (3), the judge may suspend the term of incarceration upon the condition of payment of any fine imposed and
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of restitution. If the person does not pay the fine or restitution, the term of incarceration may be imposed.
Incarceration Misdemeanor, Felony No
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Montana Mont. Code Ann. § 46-18-244(3)(a) Type and time of payment--defenses--ensuring payment
In addition to other methods of payment, the court may order one or more of the following in order to satisfy the offender's restitution obligation: (a) forfeiture and sale of
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the offender's assets under the provisions of Title 25, chapter 13, part 7, unless the court finds, after notice and an opportunity for the offender to be heard, that the assets are reasonably necessary for the offender to sustain a living or support the offender's dependents or unless the state determines that the cost of forfeiture and sale would outweigh the amount available to the victim after sale. If the proceeds of sale exceed the amount of restitution ordered and the costs of forfeiture and sale, any remaining amount must be returned to the offender
Property liens All No
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Montana Mont. Code Ann. § 46-18-244(6) Type and time of payment--defenses--ensuring payment
For a felony offense: (a) during any period that the offender is incarcerated, the department of corrections shall take a percentage, as set by department rule, of any money in
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any account of the defendant administered by the department and use the money to satisfy any existing restitution obligation; (b) at the beginning of any period during which the offender is not incarcerated, the offender shall sign a statement allowing any employer of the offender to garnish up to 25% of the offender's compensation and give the garnished amounts to the department of corrections to be used by the department to satisfy any existing restitution obligation; and (c) during any period that the defendant is on probation or parole, the probation and parole officer shall set a monthly restitution payment amount by dividing the total amount of unpaid restitution by the number of remaining months of probation or parole. The probation and parole officer may adjust the monthly payment up or down by a maximum of 10%, depending on the offender's circumstances.
Wage/bank account garnishment All Yes
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Montana Mont. Code Ann. § 46-18-244(7) Type and time of payment--defenses--ensuring payment
The department of corrections shall give the department of revenue a copy of the order to pay restitution. If full restitution has not been paid, the department of revenue shall,
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pursuant to an agreement made under 46-18-241, intercept any state tax refunds and any federal tax refunds, as provided by law, due the offender and transfer the money to the department of corrections for a felony offense and to the sentencing court for a misdemeanor offense for disbursement to the victim.
Wage/bank account garnishment All Yes
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Montana Mont. Code Ann. § 46-8-115 Effect of Nonpayment
(1) When a defendant who is sentenced to pay the costs of assigned counsel defaults in payment of the costs or of any installment, the court on motion of the
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prosecutor or on 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 show cause citation or an arrest warrant requiring the defendant's appearance. (2) 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 a good faith effort to make the payment, the court may find that the default constitutes civil contempt. (3) The term of imprisonment for contempt for nonpayment of the costs of assigned counsel must be set forth in the judgment and may not exceed 1 day for each $25 of the payment, 30 days if the order for payment of costs was imposed upon conviction of a misdemeanor, or 1 year in any other case, whichever is the shorter period. A person committed for nonpayment of costs must be given credit toward payment for each day of imprisonment at the rate specified in the judgment.
Incarceration Misdemeanor No
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New York Penal Law § 60.35(5) Inmate money
When a person who is convicted of a crime or violation and sentenced to a term of imprisonment has failed to pay the mandatory surcharge, sex offender registration fee, DNA
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databank fee, crime victim assistance fee or supplemental sex offender victim fee required by this section, the clerk of the court that rendered the conviction shall notify the superintendent or the municipal official of the facility where the person is confined. The superintendent or the municipal official shall cause any amount owing to be collected from such person during his or her term of imprisonment from moneys to the credit of an inmates' fund or such moneys as may be earned by a person in a work release program pursuant to section eight hundred sixty of the correction law. 
Wage/bank account garnishment All Yes
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New York N.Y. Veh. & Traf. Law § 1809(5) Inmate money
The superintendent or the municipal official shall cause any amount owing to be collected from such person during his term of imprisonment from moneys to the credit of an inmates'
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fund or such moneys as may be earned by a person in a work release program pursuant to section eight hundred sixty of the correction law.
Wage/bank account garnishment All Yes
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New York N.Y. Veh. & Traf. Law § 1199(4) License Suspension
4. If a person shall fail to pay any driver responsibility assessment as provided in this section, the commissioner shall suspend such person's driver's license or privilege of obtaining a
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license. Such suspension shall remain in effect until any and all outstanding driver responsibility assessments have been paid in full.
Driver's license suspension/impoundment 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
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Connecticut Conn. Gen. Stat. § 53a-30(e) Conditions of probation and conditional discharge. If the court finds that the person subject to electronic monitoring is indigent and unable to pay the costs of electronic monitoring services, it shall waive such costs. All

indigent and unable to pay the costs

At enforcement of fine or fee Not provided for Not provided for Yes

The court shall waive such costs

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Connecticut Conn. Gen. Stat. § 54-56i(g) Pretrial drug education and community service program.
No person may be excluded from any such program for inability to pay such fee or cost, provided (1) such person files with the court an affidavit of indigency or
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inability to pay, (2) such indigency or inability to pay is confirmed by the Court Support Services Division, and (3) the court enters a finding thereof. The court may waive all or any portion of such fee depending on such person’s ability to pay. If the court finds that a person is indigent or unable to pay for a substance abuse treatment program, the costs of such program shall be paid from the pretrial account established under section 54-56k.
All

indigency

Before imposition of fine or fee Burden on defendant to show inability to pay Not provided for Yes

costs of such program shall be paid from the pretrial account

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Florida Fla. Stat. §776.085(4)(b) Defense to civil action for damages; party convicted of forcible or attempted forcible felony
The court shall award a reasonable attorney’s fee to be paid to the prevailing party in equal amounts by the losing party and the losing party’s attorney; however, the losing
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party’s attorney is not personally responsible if he or she has acted in good faith, based on the representations of his or her client. If the losing party is incarcerated for the crime or attempted crime and has insufficient assets to cover payment of the costs of the action and the award of fees pursuant to this paragraph, the party shall, as determined by the court, be required to pay by deduction from any payments the prisoner receives while incarcerated.
All

Inability to pay: Has insufficient assets to cover payment

Not provided for Not provided for Not provided for No

Payment deduction

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Florida Fla. Stat. §806.13(6)(c) Criminal mischief; penalties; penalty for minor
If a minor commits a delinquent act prohibited under paragraph (a), the parent or legal guardian of the minor is liable along with the minor for payment of the fine.
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The court may decline to order a person to pay a fine under paragraph (a) if the court finds that the person is indigent and does not have the ability to pay the fine or if the court finds that the person does not have the ability to pay the fine whether or not the person is indigent.
All

Inability to pay: Indigent

Not provided for Not provided for Not provided for No

Not specified

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Florida Fla. Stat. §812.015(2) Retail and farm theft; transit fare evasion; mandatory fine; alternative punishment; detention and arrest; exemption from liability for false arrest; resisting arrest; penalties
Upon a second or subsequent conviction for petit theft from a merchant, farmer, or transit agency, the offender shall be punished as provided in s. 812.014(3), except that the court
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shall impose a fine of not less than $50 or more than $1,000. However, in lieu of such fine, the court may require the offender to perform public services designated by the court. In no event shall any such offender be required to perform fewer than the number of hours of public service necessary to satisfy the fine assessed by the court, as provided by this subsection, at the minimum wage prevailing in the state at the time of sentencing.
All Not provided for Not provided for Not provided for Not provided for No

Public service

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Florida Fla. Stat. §316.193(6) Driving under the influence; penalties
For the purposes of this section, any conviction for a violation of s. 327.35; a previous conviction for the violation of former s. 316.1931, former s. 860.01, or former s.
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316.028; or a previous conviction outside this state for driving under the influence, driving while intoxicated, driving with an unlawful blood-alcohol level, driving with an unlawful breath-alcohol level, or any other similar alcohol-related or drug-related traffic offense, is also considered a previous conviction for violation of this section. However, in satisfaction of the fine imposed pursuant to this section, the court may, upon a finding that the defendant is financially unable to pay either all or part of the fine, order that the defendant participate for a specified additional period of time in public service or a community work project in lieu of payment of that portion of the fine which the court determines the defendant is unable to pay. In determining such additional sentence, the court shall consider the amount of the unpaid portion of the fine and the reasonable value of the services to be ordered; however, the court may not compute the reasonable value of services at a rate less than the federal minimum wage at the time of sentencing.
All

Inability to pay: Defendant is financially unable to pay either all or part of the fine

At enforcement of fine or fee Not provided for Not provided for No

Public service or Community work project

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Florida Fla. Stat. §316.1937(5)(b) Ignition interlock devices, requiring; unlawful acts
Any person convicted of a violation of subsection (6) who does not have a driver license shall, in addition to any other penalty provided by law, pay a fine of
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not less than $250 or more than $500 per each such violation. In the event that the person is unable to pay any such fine, the fine shall become a lien against the motor vehicle used in violation of subsection (6) and payment shall be made pursuant to s. 316.3025(5).
Traffic Not provided for Not provided for Not provided for Not provided for No

Property lien

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Florida Fla. Stat. §938.21 Alcohol and drug abuse programs
Notwithstanding any provision to the contrary of the laws of this state, the court may assess for alcohol and other drug abuse programs as provided in s. 893.165 any defendant
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who pleads guilty or nolo contendere to, or is convicted of, a violation of any provision of chapter 893 or which involves a criminal violation of s. 316.193, s. 856.011, s. 856.015, or chapter 562, chapter 567, or chapter 568, in addition to any fine and other penalty provided by law, a court cost in an amount up to the amount of the fine authorized for the violation. The court is authorized to order a defendant to pay an additional assessment if it finds that the defendant has the ability to pay the fine and the additional assessment and will not be prevented thereby from being rehabilitated or from making restitution.
All Not provided for Not provided for Not provided for Not provided for No

Not specified

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Florida Fla. Stat. §775.0844(8) White Collar Crime Victim Protection Act
A person convicted of an aggravated white collar crime under this section is liable for all court costs and shall pay restitution to each victim of the crime, regardless of
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whether the victim is named in the information or indictment. As used in this subsection, “victim” means a person directly and proximately harmed as a result of the commission of the offense for which restitution may be ordered, including any person directly harmed by the defendant’s criminal conduct in the course of the commission of the aggravated white collar crime. The court shall hold a hearing to determine the identity of qualifying victims and shall order the defendant to pay restitution based on his or her ability to pay, in accordance with this section and s. 775.089.
Felony Not provided for Before imposition of fine or fee Not provided for Determined by judge after hearing Yes

Not specified

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Florida Fla. Stat. §806.13(8) Criminal mischief; penalties; penalty for minor
A minor whose driver license or driving privilege is revoked, suspended, or withheld under subsection (7) may elect to reduce the period of revocation, suspension, or withholding by performing community
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service at the rate of 1 day for each hour of community service performed. In addition, if the court determines that due to a family hardship, the minor’s driver license or driving privilege is necessary for employment or medical purposes of the minor or a member of the minor’s family, the court shall order the minor to perform community service and reduce the period of revocation, suspension, or withholding at the rate of 1 day for each hour of community service performed. As used in this subsection, the term “community service” means cleaning graffiti from public property.
Misdemeanor

Inability to pay: due to a family hardship, the minor's driver license or driving privilege is necessary for employment or medical purposes of the minor or a member of the

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minor's family

Not provided for Not provided for Not provided for Yes

Community service

Transparency
State Statute Description/Statute Name Statutory language Type of obligation Actor
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Kansas Kan. Stat. Ann. § 21-5821 Crimes Involving Property: Giving a worthless check
In addition to all other costs and fees allowed by law, each prosecutor who takes any action under the provisions of this section may collect from the issuer in such
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action an administrative handling cost, except in cases filed in a court of appropriate jurisdiction. The cost shall not exceed $10 for each check. If the issuer of the check is convicted in a district court, the administrative handling costs may be assessed as part of the court costs in the matter. The moneys collected pursuant to this subsection shall be deposited into a trust fund which shall be administered by the board of county commissioners. The funds shall be expended only with the approval of the board of county commissioners, but may be used to help fund the normal operating expenses of the county or district attorney's office.
Obligation to collect or record Prosecutor, State/statewide agency
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Kansas Kan. Stat. Ann. § 22-4529 Entitlement of defendant to counsel; application fee; disposition of moneys
Any defendant entitled to counsel pursuant to Kan. Stat. Ann. § 22-4503, and amendments thereto, shall pay an application fee in the amount of $100 to the clerk of the
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district court. Any defendant entitled to counsel in a proceeding for a violation of a condition of release pursuant to Kan. Stat. Ann. § 22-3716, and amendments thereto, shall pay an application fee of $100 to the clerk of the district court. Such fee shall be paid regardless of whether the defendant has paid application fees pursuant to this section in any other proceeding. If it appears to the satisfaction of the court that payment of the application fee will impose manifest hardship on the defendant, the court may waive payment of all or part of the application fee. All moneys received pursuant to this section shall be remitted to the state treasurer in accordance with the provisions of Kan. Stat. Ann. § 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the indigents' defense services fund. If the defendant is acquitted or the case is dismissed, any application fee paid pursuant to this section shall be remitted to the defendant.
Obligation to collect or record Clerk, State/statewide agency
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Montana Mont. Code Ann. § 3-1-511 Procedure--contempt committed in presence of court
When a contempt is committed in the immediate view and presence of the court or judge at chambers and the contemptuous conduct requires immediate action in order to restore order,
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maintain the dignity or authority of the court, or prevent delay, it may be punished summarily. An order must be made reciting the facts that occurred in the judge's immediate view and presence and adjudging that the person proceeded against is guilty of a contempt and that the person must be punished as prescribed in the order. An order may not be issued unless the person proceeded against has been informed of the contempt and given an opportunity to defend or explain the person's conduct. A person may be adjudged guilty of and penalized for criminal contempt under this section by a fine in an amount not to exceed $500 or by imprisonment for a term not to exceed 30 days, or both, and by any other reasonable conditions or restrictions that the court may consider appropriate under the circumstances.
Obligation to collect or record All courts
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Oklahoma Okla. Stat. tit. 22, § 114C Restitution Agreements The district attorney shall keep full records of all restitution monies received and disbursed. These records shall be audited at the same time the county funds are audited. Obligation to collect or record State/statewide agency
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Tennessee Tenn. Code Ann. § 40-14-103(b) Administrative Fee - Court-Appointed Counsel
As part of the clerk's regular monthly report, each clerk of court, who is responsible for collecting administrative fees pursuant to this section, shall file a report with the court
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and with the administrative director of the courts. The report shall indicate the following:(A) Number of defendants for whom the court appointed counsel; (B) Number of defendants for whom the court waived the administrative fee; (C) Number of defendants from whom the clerk collected administrative fees; (D) Total amount of commissions retained by the clerk from the administrative fees; and (E) Total amount of administrative fees forwarded by the clerk to the state treasurer.
Obligation to report/conduct analysis State courts
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Utah Utah Code Ann. § 41-3-704 Penalty waiver
Upon making a record of its actions, and upon reasonable cause shown, the commission may waive, reduce, or compromise any of the civil penalties imposed by the division under this
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chapter.
Obligation to collect or record Traffic court
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Michigan 600.4845(1) Money from fines and penalties
The county treasurer shall credit all fines for the violation of the penal laws to the library fund and all other penalties to the general fund; and he shall account
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therefor to the board of supervisors annually.
Obligation to report/conduct analysis County
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Wyoming Wyo. Stat. Ann. §5-9-106 Disposition of money collected for violations of city or town ordinances; disposition of fines and penalties under general state laws.
All money collected by a judge of a circuit court for violations of ordinances of a city or town shall be paid into the general fund of the city or
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town whose ordinance was violated. The circuit court shall keep separate account books of funds for ordinance violations as designated by the Wyoming supreme court. All fines and penalties under the general laws of the state shall be paid into the county treasury to the credit of the public school fund of the county.
Obligation to collect or record State courts
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Wyoming Wyo. Stat. Ann. §5-9-144 Receipts for money paid into court.
When any money is paid into a circuit court, a receipt for said amount shall be issued promptly upon a form prescribed by the Wyoming supreme court. The receipts shall
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be prenumbered in numerical sequence. The original copy shall be delivered to a payor making payment by cash or in person, otherwise the original shall be attached to the court file. A copy shall be filed in the office of the issuing judge. The receipts shall be prenumbered by the printer, and the printer shall give to the supreme court a receipt showing the numbers so printed. Except as provided in W.S. 5 9 106, the circuit court shall pay all fines, forfeitures and other penalties to the county treasurer and all fees, costs and other receipts to the state treasurer. The court automation fee prescribed by W.S. 5 9 135 or established by court rule shall be deposited by the state treasurer into the judicial systems automation account established by W.S. 5 2 120. The indigent civil legal services fee prescribed by W.S. 5 9 135 shall be deposited by the state treasurer into the indigent civil legal services account established by W.S. 5 2 121.
Obligation to collect or record State courts
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Wyoming Wyo. Stat. Ann. § 5-6-303 Disposition of fines and penalties
All fines and penalties collected, arising from a breach of the ordinances of the town, shall be paid into the town treasury. If a town enacts an ordinance prescribing a
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court automation fee as provided in W.S. 5‑6‑108(a)(i), up to one‑half (1/2) of the fee may be retained by the town solely for the purpose of defraying costs and expenses related to establishing and maintaining an electronic citation system. The system shall collect and submit data in a form and manner prescribed by the supreme court to comply with the requirements of the judicial systems automation account under W.S. 5‑2‑120. The remaining portion of the fee shall be remitted to the judicial systems automation account established by W.S. 5‑2‑120. If a town enacts an ordinance prescribing an indigent civil legal services fee as provided in W.S. 5‑6‑108(a)(ii), the fee shall be remitted to the indigent civil legal services account established by W.S. 5‑2‑121.
Obligation to collect or record Local jurisdiction
Collections Infrastructure
State Statute Description/Statute Name Statutory language Who may collect
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New Jersey N.J. Stat. Ann. § 2A:158A-19 Collection by public defenders
The Public Defender in the name of the State shall do all things necessary and proper to collect all moneys due to the State by way of reimbursement for services
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rendered pursuant to this act. He may enter into arrangements with one or more agencies of the State, including the comprehensive enforcement program established pursuant to the provisions of P.L.1995, c. 9 (C.2B:19-1 et seq.) or of the counties to handle said collections on a cost basis to the extent that such arrangements are calculated to simplify collection procedures. He shall have all the remedies and may take all of the proceedings for the collection thereof which may be had or taken for or upon the recovery of a judgment in a civil action and may institute and maintain any action or proceeding in the courts necessary therefor. In any such proceedings or action, the defendant may contest the value of the service rendered by the Public Defender.
Other
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New Jersey N.J. Stat. Ann. § 2C:46-4 Collection by supervision agency
All fines, assessments imposed pursuant to section 2 of P.L.1979, c. 396 (C.2C:43-3.1), all penalties imposed pursuant to section 1 of P.L.1999, c. 295 (C.2C:43-3.5), all penalties imposed pursuant to section 11
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of P.L.2001, c. 81 (C.2C:43-3.6), all penalties imposed pursuant to section 1 of P.L.2005, c. 73 (C.2C:14-10), all penalties imposed pursuant to section 1 of P.L.2009, c. 143 (C.2C:43-3.8), all penalties imposed pursuant to section 7 of P.L.2013, c. 214 (C.30:4-123.97) and restitution imposed by the Superior Court or otherwise imposed at the county level, shall be collected by the county probation division except when such fine, assessment or restitution is imposed in conjunction with a custodial sentence to a State correctional facility or in conjunction with a term of incarceration imposed pursuant to section 25 of P.L.1982, c. 77 (C.2A:4A-44) in which event such fine, assessment or restitution shall be collected by the Department of Corrections or the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c. 284 (C.52:17B-170).
Supervision agency
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New Jersey N.J. Stat. Ann. § 2C:46-4 Collection by municipal court
All fines, assessments imposed pursuant to section 2 of P.L.1979, c. 396 (C.2C:43-3.1), any penalty imposed pursuant to section 1 of P.L.1999, c. 295 (C.2C:43-3.5) and restitution imposed by a
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municipal court shall be collected by the municipal court administrator except if such fine, assessments imposed pursuant to section 2 of P.L.1979, c. 396 (C.2C:43-3.1), or restitution is ordered as a condition of probation in which event it shall be collected by the county probation division.
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Michigan Mich. Comp. Laws § 600.4841 Collections;  payment to county treasurer
(1) All officers or other persons who collect or receive any moneys on account of any penalty shall pay over the same to the county treasurer on or before the
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last day of the month following. (2) Upon learning that any person has neglected to pay over such moneys within such time, the county treasurer shall proceed in the circuit court for the county to collect such moneys.
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Michigan Mich. Comp. Laws § 12.133 Agreement;  provisions
An agreement entered into under this act shall provide for at least all of the following: (a) Assignment to the state for collection by the department of amounts that have been
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due and owing the court for not less than 180 days, including, but not limited to, any or all of the following: (i) Fees, including reinstatement fees. (ii) Fines. (iii) Forfeitures. (iv) Penalties and costs assessed for criminal offenses, including the costs of prosecution and providing court-ordered legal assistance to the defendant. (v) Penalties and costs assessed for civil infractions, civil violations, and parking violations. (vi) Penalties and costs assessed for ordinance violations. (vii) Forfeited recognizances. (viii) Late penalties assessed pursuant to section 4803 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being section 600.4803 of the Michigan Compiled Laws. (b) Provision of the information necessary for the department to identify, locate, and collect delinquent accounts. (c) Accounting for, settlement of, and transmission to the court of money collected pursuant to the agreement. (d) Collection of a fee by the state treasurer to recoup costs associated with the collection services.
State/statewide agency
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Ohio Ohio Rev. Code § 2929.28(G)(1) Financial sanctions
(G) Each court imposing a financial sanction upon an offender under this section may designate the clerk of the court or another person to collect the financial sanction. The clerk,
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or another person authorized by law or the court to collect the financial sanction may do the following: (1) Enter into contracts with one or more public agencies or private vendors for the collection of amounts due under the sanction. Before entering into a contract for the collection of amounts due from an offender pursuant to any financial sanction imposed pursuant to this section, a court shall comply with sections 307.86 to 307.92 of the Revised Code.
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Ohio Ohio Rev. Code § 2929.18(F) Financial sanctions
(F) Each court imposing a financial sanction upon an offender under this section or under section 2929.32 of the Revised Code may designate the clerk of the court or another
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person to collect the financial sanction. The clerk or other person authorized by law or the court to collect the financial sanction may enter into contracts with one or more public agencies or private vendors for the collection of, amounts due under the financial sanction imposed pursuant to this section or section 2929.32 of the Revised Code. Before entering into a contract for the collection of amounts due from an offender pursuant to any financial sanction imposed pursuant to this section or section 2929.32 of the Revised Code, a court shall comply with sections 307.86 to 307.92 of the Revised Code.
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Ohio Ohio Rev. Code § 2301.27(A) Probation departments
(A)(1)(a) The court of common pleas may establish a county department of probation. The establishment of the department shall be entered upon the journal of the court, and the clerk of
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the court of common pleas shall certify a copy of the journal entry establishing the department to each elective officer and board of the county. The department shall consist of a chief probation officer and the number of other probation officers and employees, clerks, and stenographers that is fixed from time to time by the court. The court shall appoint those individuals, fix their salaries, and supervise their work [. . .] (2) If two or more counties desire to jointly establish a probation department for those counties, the judges of the courts of common pleas of those counties may establish a probation department for those counties. If a probation department is established pursuant to division (A)(2) of this section to serve more than one county, the judges of the courts of common pleas that established the department shall designate the county treasurer of one of the counties served by the department as the treasurer to whom probation fees paid under section 2951.021 of the Revised Code are to be appropriated and transferred under division (A)(2) of section 321.44 of the Revised Code for deposit into the multicounty probation services fund established under division (B) of section 321.44 of the Revised Code.
State courts
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Ohio Ohio Rev. Code § 2301.27(B) Probation services
(B)(1)(a) In lieu of establishing a county department of probation under division (A) of this section and in lieu of entering into an agreement with the adult parole authority as described in
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division (B) of section 2301. 32 of the Revised Code, the court of common pleas may request the board of county commissioners to contract with, and upon that request the board may contract with, any nonprofit, public or private agency, association, or organization for the provision of probation services and supervisory services for persons placed under community control sanctions. The contract shall specify that each individual providing the probation services and supervisory services shall possess the training, experience, and other qualifications prescribed by the adult parole authority or the department of youth services, as applicable. The individuals who provide the probationservices and supervisory services shall not be included in the classified or unclassified civil service of the county. (b) A court of common pleas that has established a county probation department or has entered into an agreement with the adult parole authority as described in division (A) or (B) of section 2301.32 of the Revised Code may request the board of county commissioners to contract with, and upon that request the board may contract with, any nonprofit, public or private agency, association, or organization for the provision of probation services and supervisory services, including the preparation of presentence investigation reports to supplement the probation services and supervisory services provided by the county probation department or adult parole authority, as applicable. The contract shall specify that each individual providing the probation services and supervisory services shall possess the training, experience, and other qualifications prescribed by the adult parole authority. The individuals who provide the probation services and supervisory services shall not be included in the classified or unclassified civil service of the county. A nonprofit, public or private agency, association, or organization providing probation services or supervisory services under this division is hereby designated a criminal justice agency in the provision of those services, and as such is authorized by this state to apply for access to the computerized databases administered by the national crime information center or the law enforcement automated data system in Ohio and to other computerized databases administered for the purpose of making criminal justice information accessible to state criminal justice agencies.
State courts
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Ohio Ohio Rev. Code § 2151.151 Juvenile court may contract for services to children on probation
(A) The juvenile judge may contract with any agency, association, or organization, which may be of a public or private, or profit or nonprofit nature, or with any individual for
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the provision of supervisory or other services to children placed on probation who are under the custody and supervision of the juvenile court. (B) The juvenile judges of two or more adjoining or neighboring counties may join together for purposes of contracting with any agency, association, or organization, which may be of a public or private, or profit or nonprofit nature, or with any individual for the provision of supervisory or other services to children placed on probation who are under the custody and supervision of the juvenile court of any of the counties that joins [sic] together.
State courts
Revenue Flow
State Statute Description/Statute Name Statutory language Who receives the funding Other beneficiaries Level of offense
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Connecticut Conn. Gen. Stat. § 54-143b Forfeited bonds for motor vehicle violations
The total amount of any forfeited bond for a motor vehicle violation, when such bond is composed in part of an additional fee established under subsection (c) or (d) of
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section 51-56a, any cost established under subsection (b) of section 54-143 or any cost established under section 54-143a, shall be deposited in the General Fund as one undifferentiated lump sum amount or deposited in the Special Transportation Fund as one undifferentiated lump sum amount as may be required by statute.
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Connecticut Conn. Gen. Stat. § 54-215(b) Criminal Injuries Compensation Fund
(b) The cost paid into court under section 54-143 shall be deposited in the General Fund and shall be credited to and become a part of the Criminal Injuries Compensation
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Fund. Any restitution collected by the Court Support Services Division pursuant to section 46b-140, 53a-30 or 54-56e which is not disbursed within five years after the date such restitution is collected, because the victim could not be located, shall be deposited in the Criminal Injuries Compensation Fund. Any restitution collected pursuant to section 46b-140 or 54-56e on or before May 8, 1997, that has not been disbursed as of October 1, 2003, shall be deposited in the fund. If payment is awarded under section 54-210 and thereafter the court orders the defendant in the criminal case from which such injury or death resulted to make restitution, any money collected as restitution shall be paid to the fund unless the court directs otherwise. The Office of Victim Services may apply for and receive moneys for the fund from any federal, state or private source.
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Connecticut Conn. Gen. Stat. § 54-215(c) Criminal Injuries Compensation Fund
(c) Any administrative costs related to the operation of the Criminal Injuries Compensation Fund, including credits to and payments of compensation therefrom, shall be paid from the fund. Administrative costs
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of providing direct services, the proportionate share of any fixed costs associated with such services, the costs of providing direct services to victims and witnesses of crimes in accordance with subdivision (6) of subsection (b) of section 54-203, and any services offered by the Office of Victim Services to witnesses and victims of crime may be budgeted for payment from the fund.
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Kansas Kan. Stat. Ann. § 12-4117(b) Municipal court assessments
The judge or clerk of the municipal court shall remit the appropriate assessments received pursuant to this section to the state treasurer in accordance with the provisions of Kan. Stat.
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Ann. § 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the local law enforcement training reimbursement fund, the law enforcement training center fund, the Kansas commission on peace officers' standards and training fund, the juvenile detention facilities fund, the crime victims assistance fund, the trauma fund and the department of corrections forensic psychologist fund as provided in this section.
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Kansas Kan. Stat. Ann. § 12-4120 Certain fines remitted to state treasurer; community corrections supervision fund; human trafficking victim assistance fund
(a) On and after July 1, 2012, the amount of $250 from each fine imposed for a violation of a city ordinance prohibiting the acts prohibited by K.S.A. 8-1567 or
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8-2,144 or K.S.A. 8-1025, and amendments thereto, shall be remitted by the judge or clerk of the municipal court to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall credit the entire amount to the community corrections supervision fund established by K.S.A. 75-52,113, and amendments thereto. (b) On and after July 1, 2013, the amount of $2,500 from each fine imposed for a violation of a city ordinance prohibiting the acts prohibited by Kan. Stat. Ann. § 2015 Supp. 21-6421, and amendments thereto, shall be remitted by the judge or clerk of the municipal court to the state treasurer in accordance with the provisions of Kan. Stat. Ann. § 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall credit the entire amount to the human trafficking victim assistance fund established by Kan. Stat. Ann. § 2015 Supp. 75-758, and amendments thereto.
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Kansas Kan. Stat. Ann. § 12-509 Costs; deposits
The petitioner or petitioners shall be liable for all costs of the proceedings, whether the prayer of the petition be allowed or not; and upon filing the petition with the
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county clerk, there shall be deposited with the clerk twenty-five dollars to secure such costs, and the county clerk shall demand further deposits of money as in the opinion of the board of county commissioners may be necessary, at subsequent times, to further secure the probable costs of the proceedings; and no steps shall be taken in the proceedings while the petitioner or petitioners are in default of making the deposits as herein provided for.
County N/A Misdemeanor, Felony
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Kansas Kan. Stat. Ann. § 19-101e(c) Enforcement of resolutions; costs; witness fees and mileage; disposition of fines and penalties
(c) All fines and penalties collected in actions for the enforcement of county codes and resolutions pursuant to the code for the enforcement of county codes and resolutions as provided
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in subsection (b) of Kan. Stat. Ann. § 19-101d, and amendments thereto, shall be paid over to the county treasurer of the county where they are imposed for deposit in the county general fund or in the special law enforcement fund, if established. All fines and penalties collected in actions brought pursuant to the provisions of subsection (a) of Kan. Stat. Ann. § 19-101d, and amendments thereto, shall be remitted to the state treasurer, as provided in Kan. Stat. Ann. § 20-2801, and amendments thereto.
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Kansas Kan. Stat. Ann. § 19-101e(d) Enforcement of resolutions; costs; witness fees and mileage; disposition of fines and penalties
(d) In each county which has created a county court for enforcement of county codes and resolutions as provided in subsection (b) of Kan. Stat. Ann. § 19-101d, and amendments
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thereto, the court shall assess additional court costs of $20 for each violation of a resolution. The judge or clerk of the county court shall remit at least monthly to the state treasurer $2 of the additional court costs. The state treasurer shall deposit the entire amount of the remittance in the state treasury and credit 50% to the protection from abuse fund established pursuant to Kan. Stat. Ann. § 74-7325, and amendments thereto, and 50% to the crime victims assistance fund established pursuant to Kan. Stat. Ann. § 74-7334, and amendments thereto. The remaining additional court costs shall be paid over to the county treasurer of the county where they are imposed for deposit in the county general fund.
County State Treasurer All
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Kansas Kan. Stat. Ann. § 19-2208 Same; disposition of moneys All sums received by the county treasurer for peddlers' licenses shall be by him credited to the general fund, for the use of the county. County N/A Misdemeanor
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Kansas Kan. Stat. Ann. § 19-2766b Same; actions for enforcement of resolutions; costs; fees and mileage for witnesses; fines and penalties, disposition of
(a) Except as provided in subsection (b), in all actions for the enforcement of resolutions of improvement districts the items allowable as costs shall be the same as in cases
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for misdemeanor violations of state law and shall be taxed as provided in Kan. Stat. Ann. § 22-3801, 22-3802 and 22-3803, and amendments thereto. (b) The fees and mileage for the attendance of witnesses shall be borne by the party calling the witness, except that if an accused person is found not guilty, the improvement district shall pay all such expenses, but the court may direct that fees and mileage of witnesses subpoenaed by the accused person be charged against such person, if the court finds that there has been an abuse of the use of subpoenas by the accused person. (c) Except as hereinafter provided, all fines and penalties collected in actions for the enforcement of resolutions adopted by improvement districts, as provided in this act and the act of which this act is amendatory, shall be paid over to the county treasurer of the county where they are imposed for deposit in the county general fund. The court, when imposing fines and penalties for resolution violations, shall identify violations which also constitute a violation of state law. Those fines and penalties derived from the enforcement of any resolution, a violation of which would also constitute a violation of state law, shall be remitted to the state treasurer as provided in Kan. Stat. Ann. § 20-2801, and amendments thereto.
County N/A All
Court Rules
State Citation Description/Statute Name Language from the rule When does the rule apply?
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Rhode Island $0 Child nudity prohibited in publications $15,000
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Rhode Island $0 Child pornography prohibited $5,000
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Rhode Island $0 Child pornography prohibited $5,000
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Rhode Island $0 Contributing to delinquency $500
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Rhode Island $0 Cruelty to or neglect of child $1,000
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Rhode Island $0 Child abuse - Brendan's Law $10,000
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Rhode Island $0 Child abuse - Brendan's Law $5,000
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Rhode Island $0 Child abuse - Brendan's Law $10,000
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Rhode Island $0 Penalty for loitering on curfew street $5
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Rhode Island $0 Cigarette and tobacco vending machines $500
Structure of Courts
State Statute Description/Statute Name Statutory language Court/legal body Function
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New Jersey N.J. Stat. Ann. § 2B:12-1; N.J. Stat. Ann. § 2B:12-17 Municipal court jurisdiction
A municipal court has jurisdiction over the following cases within the territorial jurisdiction of the court: a. Violations of county or municipal ordinances; b. Violations of the motor vehicle and
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traffic laws; c. Disorderly persons offenses, petty disorderly persons offenses and other non-indictable offenses except where exclusive jurisdiction is given to the Superior Court; d. Violations of the fish and game laws; e. Proceedings to collect a penalty where jurisdiction is granted by statute; f. Violations of laws regulating boating; and g. Any other proceedings where jurisdiction is granted by statute; A municipal court has jurisdiction over the following cases within the territorial jurisdiction of the court: a. Violations of county or municipal ordinances; b. Violations of the motor vehicle and traffic laws; c. Disorderly persons offenses, petty disorderly persons offenses and other non-indictable offenses except where exclusive jurisdiction is given to the Superior Court; d. Violations of the fish and game laws; e. Proceedings to collect a penalty where jurisdiction is granted by statute; f. Violations of laws regulating boating; and g. Any other proceedings where jurisdiction is granted by statute.
Jurisdiction of the courts
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New Jersey N.J. Const. art. VI, § 3 State superior court jurisdiction
The Superior Court shall consist of such number of judges as may be authorized by law, each of whom shall exercise the powers of the court subject to rules of the
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Supreme Court. The Superior Court shall at all times consist of at least two judges who shall be assigned to sit in each of the counties of this State, and who are resident therein at the time of appointment and reappointment. The Superior Court shall have original general jurisdiction throughout the State in all causes
Jurisdiction of the courts
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New Jersey N.J. Const. art. VI, § 3 appellate court jurisdiction
The Superior Court shall be divided into an Appellate Division, a Law Division, and a Chancery Division, which shall include a family part. Each division shall have such other parts, consist of
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such number of judges, and hear such causes, as may be provided by rules of the Supreme Court. At least two judges of the Superior Court shall at all times be assigned to sit in each of the counties of the State, who at the time of their appointment and reappointment were residents of that county provided, however, that the number of judges required to reside in the county wherein they sit shall be at least equal in number to the number of judges of the county court sitting in each of the counties at the adoption of this amendment.
Jurisdiction of the courts
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New Jersey N.J. Const. art. VI, § 1 Supreme Court jurisdiction
The judicial power shall be vested in a Supreme Court, a Superior Court, and other courts of limited jurisdiction. The other courts and their jurisdiction may from time to time
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be established, altered or abolished by law.
Jurisdiction of the courts
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Alabama Ala.Code 1975 § 12-2-7 Supreme court - jurisdiction
(1) To exercise appellate jurisdiction coextensive with the state, under such restrictions and regulations as are prescribed by law; but, in deciding appeals, no weight shall be given the decision
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of the trial judge upon the facts where the evidence is not taken orally before the judge, but in such cases the Supreme Court shall weigh the evidence and give judgment as it deems just.(2) To exercise original jurisdiction in the issue and determination of writs of quo warranto and mandamus in relation to matters in which no other court has jurisdiction. (3) To issue writs of injunction, habeas corpus, and such other remedial and original writs as are necessary to give to it a general superintendence and control of courts of inferior jurisdiction. (4) To make and promulgate rules governing the administration of all courts and rules governing practice and procedure in all courts; provided, that such rules shall not abridge, enlarge, or modify the substantive right of any party nor affect the jurisdiction of circuit and district courts or venue of actions therein; and provided further, that the right of trial by jury as at common law and declared by Section 11 of the Constitution of Alabama of 1901 shall be preserved to the parties inviolate. (5) To punish for contempts by the infliction of a fine not exceeding $100, and imprisonment not exceeding 10 days or both. (6) To transfer to the Court of Civil Appeals, for determination by that court, any civil case appealed to the Supreme Court and within the appellate jurisdiction of the Supreme Court, except the following: a. A case that the Supreme Court determines presents a substantial question of federal or state constitutional law. b. A case that the Supreme Court determines involves a novel legal question, the resolution of which will have significant statewide impact. c. A utility rate case appealed directly to the Supreme Court under the provisions of Section 37-1-140. d. A bond validation proceeding appealed to the Supreme Court under the provisions of Section 6-6-754. e. A bar disciplinary proceeding. (7) To exercise such other powers as are or may be given to the Supreme Court by law.
Jurisdiction of the courts
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Alabama Ala.Code 1975 § 12-11-30 Circuit court - jurisdiction
(1) CIVIL. The circuit court shall have exclusive original jurisdiction of all civil actions in which the matter in controversy exceeds ten thousand dollars ($10,000), exclusive of interest and costs,
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and shall exercise original jurisdiction concurrent with the district court in all civil actions in which the matter in controversy exceeds six thousand dollars ($6,000), exclusive of interest and costs.(2) CRIMINAL. The circuit court shall have exclusive original jurisdiction of all felony prosecutions and of misdemeanor or ordinance violations which are lesser included offenses within a felony charge or which arise from the same incident as a felony charge; except, that the district court shall have concurrent jurisdiction with the circuit court to receive pleas of guilty in felony cases not punishable by sentence of death. The circuit court may, on conviction of a defendant, upon a showing of inability to make immediate payment of fine and costs, continue the case from time to time to permit the fine and costs to be paid. (3) APPELLATE. The circuit court shall have appellate jurisdiction of civil, criminal, and juvenile cases in district court and prosecutions for ordinance violations in municipal courts, except in cases in which direct appeal to the Courts of Civil or Criminal Appeals is provided by law or rule. Appeals to the circuit court shall be tried de novo, with or without a jury, as provided by law. (4) SUPERINTENDENCE OF DISTRICT, MUNICIPAL AND PROBATE COURTS. The circuit court shall exercise a general superintendence over all district courts, municipal courts, and probate courts. (5) CONTEMPTS. The circuit court may punish contempts by fines not exceeding one hundred dollars ($100) and by imprisonment not exceeding five days. The power of the circuit court to enforce its orders and judgments by determinations of civil contempt shall be unaffected by this section. (6) GENERAL. The circuit court shall have other powers as provided by law.
Jurisdiction of the courts
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Michigan Michigan State Constitution Article VI Sec. 10 Michigan State Constitution Article VI Sec. 10 The jurisdiction of the court of appeals shall be provided by law and the practice and procedure therein shall be prescribed by rules of the supreme court. Jurisdiction of the courts
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Michigan Michigan State Constitution Article VI Sec. 13 Michigan State Constitution Article VI Sec. 13
The circuit court shall have original jurisdiction in all matters not prohibited by law; appellate jurisdiction from all inferior courts and tribunals except as otherwise provided by law; power to
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issue, hear and determine prerogative and remedial writs; supervisory and general control over inferior courts and tribunals within their respective jurisdictions in accordance with rules of the supreme court; and jurisdiction of other cases and matters as provided by rules of the supreme court.
Jurisdiction of the courts
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Michigan Michigan State Constitution Article VI Sec. 15 Michigan State Constitution Article VI Sec. 15
In each county organized for judicial purposes there shall be a probate court. The legislature may create or alter probate court districts of more than one county if approved in
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each affected county by a majority of the electors voting on the question. The legislature may provide for the combination of the office of probate judge with any judicial office of limited jurisdiction within a county with supplemental salary as provided by law. The jurisdiction, powers and duties of the probate court and of the judges thereof shall be provided by law. They shall have original jurisdiction in all cases of juvenile delinquents and dependents, except as otherwise provided by law.
Jurisdiction of the courts
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Michigan Michigan State Constitution Article VI Sec. 1 Michigan State Constitution Article VI Sec. 1
The judicial power of the state is vested exclusively in one court of justice which shall be divided into one supreme court, one court of appeals, one trial court of
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general jurisdiction known as the circuit court, one probate court, and courts of limited jurisdiction . . .
Jurisdiction of the courts
Case Law
State Citation Question Brief Answer Language from the opinion When does the case apply?
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New Jersey State v. Bolvito, 86 A.3d 131, 139
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).
Less about protections for ability-to-pay determination, the case law has considered courts to broadly consider ability to pay
When it assesses a defendant's ability to pay, the sentencing court should look beyond the defendant's current assets and anticipated income during the period of incarceration. The Legislature did not
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impose time constraints on an SCVTF penalty. N.J.S.A. 2C:14–10. If unpaid, the penalty does not evaporate at the conclusion of the defendant's custodial sentence or his or her period of parole supervision. To the extent that a defendant's educational background and employment history may affect his or her potential to achieve post-incarceration employment and a steady income, such factors may be relevant to the inquiry. For purposes of the sentencing court's determination, a defendant's ability to pay should not be measured only by current circumstances, but assessed over the long term
Ability to pay
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New Jersey Pasqua v. Council, 186 N.J. 127, 148, (NJ 2006) abrogated by Turner v. Rogers, 564 U.S. 431 (2011) Are there limits to the state’s ability to recoup fees for counsel under the state constitution? an indigent facing loss of motor vehicle privileges or a substantial fine in municipal court is entitled to counsel
In addition, without referencing our State Constitution, we held in Rodriguez v. Rosenblatt that “as a matter of simple justice, no indigent defendant should be subjected to a conviction entailing
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imprisonment in fact or other consequence of magnitude without first having had due and fair opportunity to have counsel assigned without cost.” 58 N.J. 281, 295, 277 A.2d 216 (1971); see also R. 7:3–2(b) (“If the court is satisfied that the defendant is indigent and that the defendant faces a consequence of magnitude ..., the court shall assign the municipal public defender to represent the defendant.”). In Rodriguez, we considered “the substantial loss of driving privileges” as one type of “serious consequence” that would warrant assigning counsel to an indigent defendant. 58 N.J. at 295, 277 A.2d 216. We acknowledged “[t]he importance of counsel in an accusatorial system,” underscoring that in a case with “any complexities[,] the untrained defendant is in no position to defend himself,” and that in a case without “complexities, his lack of legal representation may place him at a disadvantage.” ...We can find no principled reason why an indigent facing loss of motor vehicle privileges or a substantial fine in municipal court, termination of parental rights in family court, or tier classification in a Megan's Law proceeding would be entitled to counsel under state law but an indigent facing jail for allegedly willfully refusing to pay a child support judgment would not. Moreover, the indigent subject to incarceration for failure to pay support can hardly be distinguished from the indigent conferred with the right to counsel in an involuntary civil commitment hearing. We are persuaded that the due process guarantee of the New Jersey Constitution compels the assignment of counsel to indigent parents who are at risk of incarceration at child support enforcement hearings.
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New Jersey State v. De Bonis, 58 N.J. 182, 190 (1971) Other applicable caselaw defendants are allowed to pay fines in installments
As we have said, there has been no bar to installment payments. The matter has rested in the court's discretion. The question now before us is whether the Federal Constitution
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requires an opportunity to pay a fine in installments. 
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Michigan People v. Jackson, 483 Mich. 271, 769 N.W.2d 630 (2009)
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).
Defendant is not entitled to an assessment of ability to pay fee for court-appointed attorney until the imposition of the fee is enforced
Indeed, whenever a trial court attempts to enforce its imposition of a fee for a court-appointed attorney under MCL 769.1k, the defendant must be advised of this enforcement action and
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be given an opportunity to contest the enforcement on the basis of his indigency. Thus, trial courts should not entertain defendants' ability-to-pay-based challenges to the imposition of fees until enforcement of that imposition has begun. . . . The operative question for any such evaluation will be whether a defendant **643 is indigent and unable to pay at that time or whether forced payment would work a manifest hardship on the defendant at that time.
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Michigan People v. Cunningham, 496 Mich. 145, 147, 852 N.W.2d 118, 120 (2014) Imposing costs beyond those specified in statute
The authority to impose criminal costs is statutory. Statute stating that if defendant is guilty, court may impose any cost in addition to the minimum state cost, does not provide
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courts with the independent authority to impose any costs upon defendants, and instead, statute provides courts with authority to impose only those costs that the Legislature has separately authorized by statute.
“The right of the court to impose costs in a criminal case is statutory.” . . . . Thus, courts may impose costs in criminal cases only where such costs
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are authorized by statute. In a variety of circumstances, the Legislature has chosen to provide courts with the authority to impose costs. For instance, with regard to certain offenses, courts may require criminal defendants to pay the “costs of prosecution.” . . . we conclude that MCL 769.1k (1)(b)(ii ) does not provide courts with the independent authority to impose “any cost.” Instead, we hold that MCL 769.1k(1)(b)(ii ) provides courts with the authority to impose only those costs that the Legislature has separately authorized by statute.
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New Hampshire State v. Haas, 155 N.H. 612, 613–14, 927 A.2d 1209, 1210 (2007) Are there limits to the state’s ability to recoup fees for counsel under the state constitution? Statute requiring defendant to reimburse State for costs of his legal representation did not violate constitutional right to substantive due process
The purpose of the statute is to require that those who are financially able to do so, pay for a service that they received from the State. There is nothing
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illegitimate in the governmental interest in recouping costs expended for public defense whether or not the defendant is convicted. Moreover, the statutory scheme under RSA 604-A:9 is rationally related to this purpose in that it inquires into a defendant's *614 ability to pay and outlines procedures for recoupment orders, collection and appeal of such orders.
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New Hampshire State v. Fowlie, 138 N.H. 234, 236–37, 636 A.2d 1037, 1039 (1994) Other applicable case law If the defendant then demonstrates sufficient bona fide efforts to repay his debt, alternatives to imprisonment must be considered by the court before probation may be revoked and imprisonment ordered
We held in Wallace that in a criminal contempt proceeding where a defendant introduces evidence of inability to pay, the State must prove beyond a reasonable doubt the defendant's intentional
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noncompliance with the court's order. Probation violation, however, is not a criminal offense, and revocation requires only a finding, by a preponderance of the evidence, of misplaced trust. . . The State's initial burden when, as here, it brings a petition, is to show that the defendant did not meet a condition of his sentence, in this case, the payment of restitution. The court then “must inquire into the reasons for the failure to pay.” Bearden, 461 U.S. at 672, 103 S.Ct. at 2072. If the defendant then “demonstrate[s] sufficient bona fide efforts to repay his debt,” id. at 671, 103 S.Ct. at 2072, alternatives to imprisonment must be considered by the court before probation may be revoked and imprisonment ordered. Id. at 672, 103 S.Ct. at 2072.
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Ohio State v. Meyer, 124 Ohio App. 3d 373, 377 (1997)
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).
An ability-to-pay hearing is not required when a fine is merely imposed. Rather, it is only required when the trial court decides to incarcerate the defendant for failure to pay.
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Defendant is entitled to representation and an opportunity to present evidence.
We hold, therefore, that R.C. 2947.14(A) did not require a hearing in the present case because the trial court merely imposed a fine. Because the trial court has not yet
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sought to enforce the fine with incarceration, the duty to hold a hearing under R.C. 2947.14(A) is not triggered. We note, further, that payment of the fine in this case was technically a condition of Meyer's probation, and therefore, should he be unable to pay and his probation sought to be revoked, he is entitled to a hearing under Crim.R. 32.3. In either case, the hearing requirement is conditioned upon the trial court's decision to incarcerate him.
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Ohio State ex rel. Hague v. Ashtabula Cty. Bd. of Commrs., 2009-Ohio-6140, ¶ 18, 123 Ohio St. 3d 489, 493 (Ohio 2009) Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue? No. In fact, one case found that county commissioners violated the separation-of-powers doctrine for not funding courts when the court could not collect enough revenue from cases
"The board and commissioners claim that they have rebutted the presumed reasonableness of the requesting funding because Judge Hague failed to make sufficient operational changes to reduce the courts' budget,
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failed to cooperate with the budget process in a timely manner, and has sufficient money to operate the courts for the remainder of 2009. These claims lack merit. For the board's claim that the judge failed to timely pursue various alternatives for reducing costs, Judge Hague submitted evidence that the majority of juveniles appearing before the juvenile court are indigent and that an increase in court fees and costs would simply increase unpaid sums instead of increasing county revenue."
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Ohio no
Under state constitutional or statutory law, under what circumstances will the imposition or enforcement of fees or fines create conflicts of interest for courts, police departments, probation departments, or other
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law enforcement agencies?
Ohio Courts have not addressed this question no
Attorney General Opinions
State Citation Description/Statute Name Question Brief answer Language from the opinion When does the case apply?
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Michigan Mich. Op. Att'y Gen. (1998) Opinion No. 6995 Michigan-Attorney General opinion Other applicable opinions
A prosecutor is not authorized by law to require a criminal defendant to pay costs as a condition for reducing or dismissing criminal charges pending against the defendant. A court
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may, however, when sentencing a convicted defendant, impose such costs as are permitted by statute, including those permissible costs agreed to between the prosecutor and the defendant as part of a plea bargain.
Criminal prosecutions are governed by the Michigan Code of Criminal Procedure (Code), 1927 PA 175, MCL 760.1 et seq; MSA 28.841 et seq. The Code, at Chapter XI, MCL 771.1
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et seq; MSA 28.1131 et seq, authorizes the imposition of costs in criminal cases. If a defendant has been found guilty, and if it appears to the satisfaction of the court that the defendant is an appropriate candidate, the court may place the defendant on probation. Section 1. As a condition of probation, the court may require the defendant to pay costs. Section 3(2)(c). Such costs, however, are limited to expenses specifically incurred in prosecuting the defendant, in providing legal assistance to the defendant, and in providing probation supervision of the defendant. Section 3(4).
Fines and fees
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Michigan Mich. Op. Att'y Gen. (2008) Opinion No. 7217 Michigan-Attorney General opinion The use of funds from criminal fines and assessments are restricted by provisions of the Michigan State Constitution.
However, the Legislature should be aware of the limitations imposed by Const 1963, art 8, § 9, which requires that fines assessed for any breach of the penal laws be
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used to support libraries. If excess revenue in the Crime Victim's Rights Fund is used for purposes other than to enforce and pay for the crime victim rights enumerated in art 1, § 24, the use could face scrutiny to determine if the assessments conflict with art 8, § 9 or other constitutional provisions. . . . Therefore, to the extent that the Legislature intends to authorize uses of the Fund to pay for the constitutionally enumerated crime victim's rights, it must consider whether each proposed use is within the language of art 1, § 24, given the principles of constitutional construction that guide the Court.
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Ohio 1990 Ohio Op. Atty. Gen. No. 90-088 (Nov. 14 1990) Fines and fees Does allowing different municipalities to set their own indigency standards or fines/fees violate the equal protection afforded by the state’s constitution? Indigency should be determined on a case-by-case basis, not through set standards
A gleaning of the aforementioned authorities clearly reveals that there are no set criteria for determining whether an individual is indigent. Rather, the preferred approach is to determine indigency on
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a case by case basis so as to accord attention to any and all factors tending to indicate an individual's financial condition. . . . [T]he the criteria for determining . . . whether an individual is indigent, include the ready availability of real or personal property owned; employment benefits; pensions; annuities; social security; unemployment compensation; inheritances; number and age of dependents; outstanding debts, obligations and liabilities; and any other relevant considerations concerning the financial condition of an individual.
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Ohio no fines and fees Which fines and/or fees may be collected by a private vendor?
Neither the courts nor the State AG has considered this question. However, the Ohio Revised Code provides that both misdemeanor fines, § 2928.18(F) and felony fines, § 2928.28(G)(1), may be
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collected by private vendors
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Ohio no ability to pay Who has the burden of proof in an ability to pay determination? What is the standard of proof required? See Case Law: Liming v. Damos, 979 N.E.2d 297 (Ohio 2012) Fines and fees
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Ohio no Ohio-Attorney General opinion Should ability to pay be considered when imposing fines or fees or only when collecting fines or fees? See Case Law: State v. Meyer, 706 N.E.2d 378, 380 (1997); Ohio Rev. Code § 2947.14 ability to pay Fines and fees
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Ohio 2012 Ohio Op. Att'y Gen. No. 2012-039 (Nov. 14, 2012) fines and fees What authority do county or municipal courts have to set fines or fees? County courts can use their fining power to fund various projects, programs, and services of the court
Although a county court has authority to use a special projects fund established under R.C. 1907.24(B)(1) to finance community service programs, nothing in the Ohio Constitution, Revised Code, Ohio Rules
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of Criminal Procedure, or Rules of Superintendence for the Courts of Ohio directs the manner in which a county court may use moneys in a special projects fund to provide such financing. This means that the judges of a county court have the discretion and implied power to use special projects fund moneys in whatever manner is reasonably necessary to make community service programs available to persons who are convicted of, or plead guilty to, a misdemeanor.
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Ohio no Fines and fees What authority does the state supreme court have to impose binding state-wide rules on the imposition or collection of fees and fines?
This has not been considered by courts or the State AG. But the Ohio Supreme Court issues "bench cards" guiding the lower courts on how to implement fines. See, e.g.,
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The Supreme Court of Ohio, Office of Judicial Services, Collection of Fines and Court Costs (2014)
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Ohio no no Under what circumstances does a conflict of interest in the imposition or enforcement of court debt violate state law? This has not been considered to date
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Wyoming 1980 Wyo. Att'y Gen. Op. No. 80-09 (May 29, 1980) Opinion No. 80-09 (1980) What authority do county or municipal courts have to set fines or fees?
A municipality may adopt an ordinance providing for a lesser penalty than that provided for by the statutory code, which provides for mandatory jail sentence of one day for any
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person convicted of driving or being in control of a motor vehicle while under the influence of intoxicating liquor, etc.
There are cases which hold that municipalities may not enact their own penalties; and cases which hold to the contrary. The differences between the cases appear to turn on a
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combination of factors. In arriving at these diverse results, courts have recognized the following distinctions: felonies or misdemeanors; the presence or absence of home rule; the presence or absence of express municipal authority; and the presence or absence of clear and express language indicating state preemption. For the reasons hereafter stated, we conclude that municipalities may enact their own penalties for the crime of DWUI. Although some may believe the result anomalous, we find merit in the argument that had the legislature intended to impose mandatory jail sentences on our cities and towns, it would have done so by simple, clear, and express language. Municipalities have express powers to govern themselves and to regulate local affairs. Municipalities have been granted express power to regulate the use of streets by the legislature. Clear and express limitation of the power to regulate the use of streets does not appear in the statutes; nor has the legislature clearly and expressly indicated its desire to gain exclusive jurisdiction over DWUI in W.S. 31-5-233 (1977) or in Senate Enrolled Act No. 32. The provision of a lesser penalty in a municipal ordinance does [*12] not create conflict with a state law on the same subject, provided the crimes are of a similar class. Therefore, municipalities may regulate DWUI by passing ordinances with lesser penalties than provided by Senate Enrolled Act No. 32.
Fines and fees