Transparency

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State Statute Description/Statute Name Statutory language Type of obligation Actor
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California Cal. Rules of Court 4.320 Records of criminal convictions
In addition to the information that the Department of Justice requires from courts under Penal Code section 13151, each trial court must also report, electronically or manually, the following information,
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in the form and manner specified by the Department of Justice:(1) Whether the defendant was represented by counsel or waived the right to counsel; and(2) In the case of a guilty or nolo contendere plea, whether:(A) The defendant was advised of and understood the charges;(B) The defendant was advised of, understood, and waived the right to a jury trial, the right to confront witnesses, and the privilege against self-incrimination; and(C) The court found the plea was voluntary and intelligently made. For purposes of this rule, a change of plea form signed by the defendant, defense counsel if the defendant was represented by counsel, and the judge, and filed with the court is a sufficient basis for the clerk or deputy clerk to report that the requirements of (2) have been met.
Obligation to collect or record All courts
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California Cal. Rules of Court 4.541 Minimum requirements of supervision agency reports
Except as provided in (d), a petition for revocation of supervision must include a written report that contains at least the following information:(1) Information about the supervised person, including:(A) Personal
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identifying information, including name and date of birth;(B) Custody status and the date and circumstances of arrest;(C) Any pending cases and case numbers;(D) The history and background of the supervised person, including a summary of the supervised person's record of prior criminal conduct; and(E) Any available information requested by the court regarding the supervised person's risk of recidivism, including any validated risk-needs assessments;(2) All relevant terms and conditions of supervision and the circumstances of the alleged violations, including a summary of any statement made by the supervised person, and any victim information, including statements and type and amount of loss;(3) A summary of any previous violations and sanctions; and(4) Any recommended sanctions
Obligation to report/conduct analysis Supervision agency
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California Cal. Pen. Code § 1463.010 Proceedings in Misdemeanor and Infraction Cases: Enforcement of court orders; Guidelines for collection program; Annual report; Business license suspension program; Amnesty

The uniform imposition and enforcement of court-ordered debts are recognized as an important element of California’s judicial system. Prompt, efficient, and effective imposition and collection of court-ordered fees, fines, forfeitures,

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penalties, restitution, and assessments ensure the appropriate respect for court orders. The California State Association of Counties and the Administrative Office of the Courts are jointly committed to identifying, improving, and seeking to expand access to mechanisms and tools that will enhance efforts to collect court-ordered debt. To provide for this prompt, efficient, and effective collection:(a) The Judicial Council shall adopt guidelines for a comprehensive program concerning the collection of moneys owed for fees, fines, forfeitures, penalties, and assessments imposed by court order. As part of its guidelines, the Judicial Council may establish standard agreements for entities to provide collection services. As part of its guidelines, the Judicial Council shall include provisions that promote competition by and between entities in providing collection services to courts and counties. The Judicial Council may delegate to the Administrative Director of the Courts the implementation of the aspects of this program to be carried out at the state level. (b) The courts and counties shall maintain the collection program that was in place on January 1, 1996, unless otherwise agreed to in writing by the court and county. The program may wholly or partially be staffed and operated within the court itself, may be wholly or partially staffed and operated by the county, or may be wholly or partially contracted with a third party. In carrying out this collection program, each superior court and county shall develop a cooperative plan to implement the Judicial Council guidelines. In the event that a court and a county are unwilling or unable to enter into a cooperative plan pursuant to this section, prior to the arbitration procedures required by subdivision (e) of Section 1214.1, the court or the county may request the continuation of negotiations with mediation assistance as mutually agreed upon and provided by the Administrative Director of the Courts and the California State Association of Counties. (c) The Judicial Council shall develop performance measures and benchmarks to review the effectiveness of the cooperative superior court and county collection programs operating pursuant to this section. Each superior court and county shall jointly report to the Judicial Council, as provided by the Judicial Council, information requested in a reporting template on or before September 1, 2009, and annually thereafter. The Judicial Council shall report to the Legislature on December 31, 2009, and annually thereafter, on all of the following: (1) The extent to which each court or county is following best practices for its collection program. (2) The performance of each collection program. (3) Any changes necessary to improve performance of collection programs statewide. (d) The Judicial Council may, when the efficiency and effectiveness of the collection process may be improved, facilitate a joint collection program between superior courts, between counties, or between superior courts and counties. (e) The Judicial Council may establish, by court rule, a program providing for the suspension and nonrenewal of a business and professional license if the holder of the license has unpaid fees, fines, forfeitures, penalties, and assessments imposed upon them under a court order. The Judicial Council may provide that some or all of the superior courts or counties participate in the program. Any program established by the Judicial Council shall ensure that the licensee receives adequate and appropriate notice of the proposed suspension or nonrenewal of his or her license and has an opportunity to contest the suspension or nonrenewal. The opportunity to contest may not require a court hearing. (f) Notwithstanding any other provision of law, the Judicial Council, after consultation with the Franchise Tax Board with respect to collections under Section 19280 of the Revenue and Taxation Code, may provide for an amnesty program involving the collection of outstanding fees, fines, forfeitures, penalties, and assessments, applicable either statewide or within one or more counties. The amnesty program shall provide that some or all of the interest or collections costs imposed on outstanding fees, fines, forfeitures, penalties, and assessments may be waived if the remaining amounts due are paid within the amnesty period.

Obligation to collect or record State courts
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California Cal. Pen. Code § 1463.02 Proceedings in Misdemeanor and Infraction Cases: Establishment of task force; Task force responsibilities and duties; Chairperson; Membership; Report

(a) On or before June 30, 2011, the Judicial Council shall establish a task force to evaluate criminal and traffic-related court-ordered debts imposed against adult and juvenile offenders. The task

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force shall be comprised of the following members:(1) Two members appointed by the California State Association of Counties. (2) Two members appointed by the League of California Cities. (3) Two court executives, two judges, and two Administrative Office of the Courts employees appointed by the Judicial Council. (4) One member appointed by the Controller. (5) One member appointed by the Franchise Tax Board. (6) One member appointed by the California Victim Compensation Board. (7) One member appointed by the Department of Corrections and Rehabilitation. (8) One member appointed by the Department of Finance. (9) One member appointed by each house of the Legislature. (10) A county public defender and a city attorney appointed by the Speaker of the Assembly. (11) A defense attorney in private practice and a district attorney appointed by the Senate Committee on Rules. (b) The Judicial Council shall designate a chairperson for the task force. The task force shall, among other duties, do all of the following: (1) Identify all criminal and traffic-related court-ordered fees, fines, forfeitures, penalties, and assessments imposed under law. (2) Identify the distribution of revenue derived from those debts and the expenditures made by those entities that benefit from the revenues. (3) Consult with state and local entities that would be affected by a simplification and consolidation of criminal and traffic-related court-ordered debts. (4) Evaluate and make recommendations to the Judicial Council and the Legislature for consolidating and simplifying the imposition of criminal and traffic-related court-ordered debts and the distribution of the revenue derived from those debts with the goal of improving the process for those entities that benefit from the revenues, and recommendations, if any, for adjustment to the court-ordered debts. (c) The task force also shall document recent annual revenues from the various penalty assessments and surcharges and, to the extent feasible, evaluate the extent to which the amount of each penalty assessment and surcharge impacts total annual revenues, imposition of criminal sentences, and the actual amounts assessed. (d) The task force also shall evaluate and make recommendations to the Judicial Council and the Legislature on or before June 30, 2011, regarding the priority in which court-ordered debts should be satisfied and the use of comprehensive collection programs authorized pursuant to Section 1463.007, including associated cost-recovery practices.

Obligation to collect or record Other
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California Cal. Gov. Code § 6253(a)-(b) Inspection of Public Records: Time for inspection of public records; “Unusual circumstances”; Posting of public record on Web site

(a) Public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public

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record, except as hereafter provided. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law.(b) Except with respect to public records exempt from disclosure by express provisions of law, each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, shall make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable. Upon request, an exact copy shall be provided unless impracticable to do so.

Obligation to respond to public records requests All
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California CA ST TR COURT Rule 2.503(c) Application and scope: Courthouse electronic access only

A court that maintains the following records in electronic form must provide electronic access to them at the courthouse, to the extent it is feasible to do so, but may

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provide remote electronic access only to the records governed by (b):(1) Records in a proceeding under the Family Code, including proceedings for dissolution, legal separation, and nullity of marriage; child and spousal support proceedings; child custody proceedings; and domestic violence prevention proceedings; . . . (5) Records in a criminal proceeding.

Obligation to collect or record All courts
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California CA ST TR COURT Rule 2.503(e) Application and scope: Remote access allowed in extraordinary criminal cases

Notwithstanding (c)(5), the presiding judge of the court, or a judge assigned by the presiding judge, may exercise discretion, subject to (e)(1), to permit electronic access by the public to

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all or a portion of the public court records in an individual criminal case if (1) the number of requests for access to documents in the case is extraordinarily high and (2) responding to those requests would significantly burden the operations of the court. An individualized determination must be made in each case in which such remote electronic access is provided.

Obligation to collect or record All courts
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Idaho Idaho Code § 20-218 Annual Reports of Receipts and Expenditures

The state board of correction shall annually submit to the governor and the state budget officer a full, true, and correct report of all moneys received and expended by it

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for correctional services.

Obligation to report/conduct analysis State/statewide agency
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Idaho Idaho Code § 20-232 Remission of Fine or Penalty Certified to Court

Upon the remission of a fine or penalty by the commission, it shall be the duty of the commission forthwith to certify the same to the clerk of the court,

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where said fine or forfeiture was adjudged, who shall file the same in his office, and said proceedings shall constitute a satisfaction of the judgment.

Obligation to collect or record Clerk
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Wyoming Wyo. Stat. Ann. § 6-10-108 Disposition of fines

An officer who collects a fine, unless otherwise required by law, shall pay the fine into the general fund of the county in which the fine was assessed within thirty

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(30) days of receipt. The officer shall obtain duplicate treasurer's receipts and deposit one (1) with the county clerk.

Obligation to collect or record All courts, Law enforcement
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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 . . . 

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
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Wyoming Wyo. Stat. Ann. § 7-16-102(e) Restrictions; supervision; costs; civil liability

The person charged with supervising a prisoner's work shall keep an accurate record and account of all work performed and all credits received and shall make periodic reports as required

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by the court.

Obligation to collect or record Law enforcement, Supervision agency
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Wyoming Wyo. Stat. Ann. § 5-3-202 Duties generally

Each clerk of the district court shall keep and make up the records and books of the court of his particular county, receive all cases filed therein, properly record and

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attend to the same, and shall have the care and custody of all the records, seal, books, papers and property pertaining to his said office or the court of the county for which he is elected and which may be filed or deposited therein, and shall receive, account for and pay over all money that may come into the possession of the court according to law, and under the orders or decrees of the court, except that which shall be received by master commissioners. He shall keep all records and files in criminal cases, and attend to all duties required of the clerk in relation thereto. He shall attend upon the terms of court held in the county for which he is elected, and perform such duties relating to his office as may be required of him by the court, and shall perform all such other duties relating to his office as are required of him by law or the rules and practice of the courts.

Obligation to collect or record Clerk
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Wyoming Wyo. R. Crim. P. 32(c)(2) Judgment and Sentence

(c) Sentence. (2) Contents. A written sentence shall be signed by the judge and entered by the clerk of court without delay. The sentence may be included in the judgment

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or separately entered. Except for forfeit offenses for which citations have issued, other misdemeanors where the penalty imposed does not exceed a fine of $200.00, and pleas entered under Rule 43(c)(2), as a minimum the sentence shall:
(A) State each offense for which sentence is imposed, including the statute number and whether the offense is a felony or a misdemeanor;
(B) State the sentence imposed for each convicted offense including for felonies the minimum and maximum term and state whether multiple sentences are to run concurrently or consecutively;
(G) Include an assessment for the victims of crime compensation fund as required by W.S. 1-40-119; and
(H) Include a finding as to whether the defendant is able to make restitution and if restitution is ordered fix the reasonable amount owed to each victim resulting from the defendant's criminal acts.

Obligation to collect or record Clerk, Court
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Wyoming Wyo. Gov't. Access Ct. Rec. Rule 4 When Court Records May be Accessed

Court records shall be available for public access in the court facilities where the records are kept, during regular business hours. Upon receiving a request for access to court records,

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the custodian shall respond within a reasonable time regarding the availability of the records, and shall provide or deny access thereto within a reasonable time. Court records shall be provided at a time and in a manner that does not unreasonably interfere with other business of the courts. Electronic records to which the court allows remote access shall be available for public access at any time, subject to normal system maintenance and unexpected technical failures.

Obligation to respond to public records requests Clerk
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Wyoming Wyo. Gov't. Access Ct. Rec. Rule 3 General Policy

Court records are presumed to be open to public access during the regular business hours of the court, except as provided herein or otherwise provided by law. These rules are

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not intended to limit the access of parties and attorneys to case records of cases in which they are involved, but such access may be limited by court order. No custodian may restrict access or allow greater access to court records than as provided herein or otherwise provided by law.

Obligation to respond to public records requests Clerk