Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Transparency
Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
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Type of obligation
Below are all of the transparency laws that match your search criteria. Many include a See related provisions prompt which searches our database for laws that may pertain to your result.
19 Results
| State | Statute | Description/Statute Name | Statutory language | Type of obligation | Actor | |
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New Hampshire | NH R CT RECORDS ACCESS Guideline 2 | Records Subject to Inspection |
A presumption exists that all court records are subject to public inspection. The public right of access to specific court records must be weighed and balanced against nondisclosure interests as established by the Federal and/or New Hampshire Constitution or by statutory provision granting or requiring confidentiality.
Unless otherwise ordered by the court, the following categories of cases shall not be open to public inspection: juvenile cases (delinquency, CHINS, abuse/neglect, termination of parental rights, adoption); pending or denied application for search or arrest warrants; grand jury records; applications for wire taps and orders thereon; and any other record to be kept confidential by statute, rule or order. Before a court record is ordered sealed, the court must determine if there is a reasonable alternative to sealing the record and must use the least restrictive means of accomplishing the purpose. Once a court record is sealed, it shall not be open to public inspection except by order of the court. Any case records not subject to disclosure except upon order of the court shall be kept in a separate section of the court files, accessed only by the court and the clerk's staff. |
Obligation to respond to public records requests | State courts |
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New Hampshire | NH R CT RECORDS ACCESS Guideline 3 | Right to Copy |
The right to public access shall generally include the right to make notes and to obtain copies at normal rates. |
Obligation to respond to public records requests | State courts |
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New Hampshire | NH R CT RECORDS ACCESS Guideline 4 | Timing of Access |
The clerk of each court, in conjunction with the court's Administrative Justice, shall set reasonable administrative regulations governing the scheduling of access to records. All such regulations shall be designed to cause the least disruption to the clerk's office and shall be balanced against the need to provide timely access. The regulations may include the requirement of requesting access in writing, the scheduling of an appointment to inspect documents during off-peak hours, etc.
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Obligation to respond to public records requests | State courts |
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New Hampshire | NH R CT RECORDS ACCESS Guideline 6 | Large Scale Access |
Access to large numbers of records at any one time shall not be permitted. Individuals seeking such access shall be required to specifically identify by document number or case name the files to which they seek access and may be assessed a reasonable fee. Clerks are not required to allow access to more than ten files per day but may do so in the exercise of their discretion if it will not cause disruption to the clerk's primary function. No person shall be allowed direct access to the clerk's records or permitted to enter the inner office of the clerk's staff unless the court facility requires such entry and unless specific authorization for such entry is given by the clerk in conjunction with the presiding justice.
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Obligation to respond to public records requests | State courts |
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New Hampshire | NH R CT RECORDS ACCESS Guideline 7 | Telephone Inquiries |
Telephone access to court records shall be allowed only at such times and under such conditions as the clerk may establish. |
Obligation to respond to public records requests | State courts |
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New Hampshire | NH R CT RECORDS ACCESS Guideline 5 | Supervision of Access |
It is the duty of the clerk to insure the integrity of each file. At no time shall any file be given to any person to be examined outside the area allocated for file review. The file review area shall be within full view of court personnel whenever possible. Supervision over file use shall be direct whenever possible. At no time shall any person be allowed to leave the court facility until the file has been returned to be refiled and court personnel has examined the completeness of the file if that is part of the court's procedure.Administrative regulations designed to insure the integrity of all files may be established by the clerks in conjunction with the Administrative Justice. Such regulations may include, but need not be limited to, requiring the individual seeking access to provide identification and sign for all records and allowing only one file at a time to be released to each individual seeking access.
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Obligation to respond to public records requests | State courts |
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New Hampshire | NH R CT RECORDS ACCESS Guideline 8 | Denial of Access |
The clerk, after consultation with the presiding justice and Administrative Justice, may, for good cause shown, deny access to court records to any individual. Good cause shall include, but not be limited to, previous theft, destruction, defacement or tampering of records and refusal to comply with administrative regulations established in accordance with these guidelines.
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Obligation to respond to public records requests | State courts |
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New Hampshire | N.H. Rev. Stat. Ann. § 499:11 | Deposited Records. |
All records, files and papers required to be deposited in the office of the clerk by any law shall be and remain records, files and papers of the office, unless otherwise provided, and the clerk shall be the proper officer to attest copies thereof.
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Obligation to collect or record | Clerk |
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South Carolina | S.C. Code Ann. § 14-17-750 | Clerk shall report all moneys collected |
Every clerk of the court is required, on the first Wednesday in each month or within ten days thereafter, to make in writing to the auditor and treasurer of his + See morecounty a full and accurate statement of all moneys collected on account of licenses, fines, penalties and forfeitures during the past month on pain of indictment and, in case of conviction, of being fined not more than one hundred dollars or imprisoned not more than two months or both, at the discretion of the court.
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Obligation to collect or record | State courts |
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South Carolina | S.C. Code Ann. § 22-1-90 | Monthly reports of moneys collected; treasurer's record |
Every magistrate shall, on the first Wednesday in each month or within ten days thereafter, make to the auditor and treasurer of his county a full and accurate statement in + See morewriting of all moneys collected by him on account of fines, penalties or forfeitures during the past month together with the title of each case in which a fine has been paid. The county treasurer shall keep a record of the title of each case in which the fine has been paid, the nature of the offense for which the fine was imposed and the amount thereof. In default thereof the magistrate or treasurer, as the case may be, shall, on conviction, be liable to a fine not exceeding one hundred dollars or imprisonment in the county jail not exceeding two months or both, at the discretion of the court.
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Obligation to respond to public records requests | Municipal court |
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South Carolina | S.C. Code Ann. § 24-1-170 | Financial records |
The director shall keep, or cause to be kept, correct and accurate accounts of each and every financial transaction of the prison system, including all receipts and disbursements of every + See morecharacter. He shall receive and receipt for all money paid to him from every source whatsoever, and shall sign all warrants authorizing any disbursement of any sum or sums on account of the prison system. He shall keep full and correct accounts with any industry, department and farm of the prison system, and with all persons having financial transactions with the prison system.
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Obligation to collect or record | Supervision agency |
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South Carolina | S.C. Code Ann. § 30-4-30 | Right to inspect or copy public records; fees; notification as to public availability of records; presumption upon failure to give notice; records to be available when requestor appears in person |
Each public body, upon written request for records made under this chapter, shall within fifteen days (excepting Saturdays, Sundays, and legal public holidays) of the receipt of any such request + See morenotify the person making such request of its determination and the reasons therefor. Such a determination shall constitute the final opinion of the public body as to the public availability of the requested public record and, if the request is granted, the record must be furnished or made available for inspection or copying. If written notification of the determination of the public body as to the availability of the requested public record is neither mailed nor personally delivered to the person requesting the document within the fifteen days allowed herein, the request must be considered approved.
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Obligation to respond to public records requests | All |
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South Carolina | S.C. Code Ann. § 24-21-90 | Account and receipt for fee payments |
Each supervising agent shall keep an accurate account of the money he collects pursuant to Sections 24-21-80, 24-23-210(B), and 24-23-220 and shall give a receipt to the probationer and individual + See moreunder supervision for each payment. Money collected must be forwarded to the board and deposited in the state treasury.
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Obligation to collect or record | Supervision agency |
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South Carolina | S.C. Code Ann. § 14-1-206(E) | Annual audits |
(E) To ensure that fines and assessments imposed pursuant to this section and Section 14-1-209(A) are properly collected and remitted to the State Treasurer, the annual independent external audit required + See moreto be performed for each county pursuant to Section 4-9-150 must include a review of the accounting controls over the collection, reporting, and distribution of fines and assessments from the point of collection to the point of distribution and a supplementary schedule detailing all fines and assessments collected by the clerk of court for the court of general sessions, the amount remitted to the county treasurer, and the amount remitted to the State Treasurer.
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Obligation to collect or record | Local jurisdiction |
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South Carolina | S.C. Code Ann. § 14-1-207(E) | Annual audits |
(E) To ensure that fines and assessments imposed pursuant to this section and Section 14-1-209(A) are properly collected and remitted to the State Treasurer, the annual independent external audit required + See moreto be performed for each county pursuant to Section 4-9-150 must include a review of the accounting controls over the collection, reporting, and distribution of fines and assessments from the point of collection to the point of distribution and a supplementary schedule detailing all fines and assessments collected by the magistrate's court of that county, the amount remitted to the county treasurer, and the amount remitted to the State Treasurer.
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Obligation to collect or record | Local jurisdiction |
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South Carolina | S.C. Code Ann. § 14-1-208(E) | Annual audits |
(E) To ensure that fines and assessments imposed pursuant to this section and Section 14-1-209(A) are properly collected and remitted to the State Treasurer, the annual independent external audit required + See moreto be performed for each municipality pursuant to Section 5-7-240 must include a review of the accounting controls over the collection, reporting, and distribution of fines and assessments from the point of collection to the point of distribution and a supplementary schedule detailing all fines and assessments collected at the court level, the amount remitted to the municipal treasurer, and the amount remitted to the State Treasurer.
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Obligation to collect or record | Local jurisdiction |
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South Carolina | S.C. Code Ann. § 14-1-211(D) | Annual audits |
(D) To ensure that surcharges imposed pursuant to this section are properly collected and remitted to the city or county treasurer, the annual independent external audit required to be performed + See morefor each municipality pursuant to Section 5-7-240 and each county pursuant to Section 4-9-150 must include a review of the accounting controls over the collection, reporting, and distribution of surcharges from the point of collection to the point of distribution and a supplementary schedule detailing all surcharges collected at the court level, and the amount remitted to the municipality or county.
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Obligation to collect or record | Local jurisdiction |
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South Carolina | S.C. Code Ann. § 17-22-360 | Traffic education program annual report |
Each governmental agency that administers a traffic education program shall submit a traffic education program annual report, by the first day of August, to the Commission on Prosecution Coordination providing + See morethe total number of participants by original traffic-related offenses, the total number of participants that successfully completed the traffic education program, the total amount of fees collected, and the total revenue remitted to the municipalities, counties, and Office of the State Treasurer for the state's fiscal year. The Commission on Prosecution Coordination may establish additional guidelines for the annual reports. The annual reports must be made available for public inspection.
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Obligation to collect or record | Supervision agency |
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South Carolina | S.C. Code Ann. § 24-21-490(B) | Summary of restitution accounts |
(B) Notwithstanding Section 14-17-725, the department shall assess a collection fee of twenty percent of each restitution program and deposit this collection fee into a separate account. The department shall + See moremaintain individual restitution accounts that reflect each transaction and the amount paid, the collection fee, and the unpaid balance of the account. A summary of these accounts must be reported to the Governor's Office, the President of the Senate, the Speaker of the House, the Chairman of the House Judiciary Committee, and the Chairman of the Senate Corrections and Penology Committee every six months following the enactment of this section.
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Obligation to collect or record | Supervision agency |