50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Transparency
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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.
247 Results
| State | Statute | Description/Statute Name | Statutory language | Type of obligation | Actor | |
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Florida | Fla. Stat. §828.27(6) | Local animal control or cruelty ordinances; penalty |
The governing body of a county or municipality may require mandatory court appearances for certain aggravated violations of a local ordinance resulting in the unprovoked biting, attacking, or wounding of a domestic animal; violations resulting in the destruction or loss of personal property; second or subsequent violations of local animal cruelty laws; or violations resulting in the issuance of a third or subsequent citation to a person. The citation must clearly inform the person of the mandatory court appearance. The governing body of the county or municipality shall maintain records to prove the number of citations issued to the person. Persons required to appear in court do not have the option of paying the fine instead of appearing in court.
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Obligation to collect or record | Local jurisdiction |
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Florida | Fla. Stat. §316.1937(2) | Ignition interlock devices, requiring; unlawful acts |
(2) If the court imposes the use of an ignition interlock device, the court shall: (a) Stipulate on the record the requirement for, and the period of, the use of a certified ignition interlock device.
(b) Order that the records of the department reflect such requirement. (c) Order that an ignition interlock device be installed, as the court may determine necessary, on any vehicle owned or operated by the person. (d) Determine the person's ability to pay for installation of the device if the person claims inability to pay. If the court determines that the person is unable to pay for installation of the device, the court may order that any portion of a fine paid by the person for a violation of s. 316.193 shall be allocated to defray the costs of installing the device. (e) Require proof of installation of the device and periodic reporting to the department for verification of the operation of the device in the person's vehicle. |
Obligation to collect or record | Department of Motor Vehicles |
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Florida | Fla. Stat. §985.039(10) | Cost of supervision; cost of care |
The department or the collection agency shall provide to the payor documentation of the payment of any fee paid pursuant to this section. Except as provided in subsection (9), all payments received by the department or the collection agency pursuant to this section shall be deposited in the department's Grants and Donations Trust Fund.
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Obligation to respond to public records requests | State/statewide agency |
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Florida | Fla. Stat. § 943.6871 | Department of Law Enforcement: Criminal justice data transparency.— |
In order to facilitate the availability of comparable and uniform criminal justice data, the department shall: pursuant to s. 900.05 and coordinate related activities to collect and submit data. The department shall create a unique identifier for each criminal case received from the clerks of court which identifies the person who is the subject of the criminal case. The unique identifier must be the same for that person in any court case and used across local and state entities for all information related to that person at any time. The unique identifier shall be randomly created and may not include any portion of the person’s social security number or date of birth.
(2) Promote criminal justice data sharing by making such data received under s. 900.05 comparable, transferable, and readily usable. (3) Create and maintain an Internet-based database of criminal justice data received under s. 900.05 in a modern, open, electronic format that is machine-readable and readily accessible through an application program interface. The database shall allow the public to search, at a minimum, by each data element, county, judicial circuit, or unique identifier. The department may not require a license or charge a fee to access or receive information from the database. (4) Develop written agreements with local, state, and federal agencies to facilitate criminal justice data sharing. (5) Establish by rule: (a) Requirements for the entities subject to the requirements of s. 900.05 to submit data through an application program interface. (b) A data catalog defining data objects, describing data fields, and detailing the meaning of and options for each data element reported pursuant to s. 900.05. (c) How data collected pursuant to s. 900.05 is compiled, processed, structured, used, or shared. The rule shall provide for tagging all information associated with each case number and unique identifier. (d) Requirements for implementing and monitoring the Internet-based database under subsection (3). (e) How information contained in the Internet-based database under subsection (3) is accessed by the public. (6) Consult with local, state, and federal criminal justice agencies and other public and private users of the database under subsection (3) on the data elements collected under s. 900.05, the use of such data, and adding data elements to be collected. (7) Monitor data collection procedures and test data quality to facilitate the dissemination of accurate, valid, reliable, and complete criminal justice data. (8) Develop methods for archiving data, retrieving archived data, and data editing and verification. |
Obligation to collect or record | Law enforcement |
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Hawaii | Haw. Rev. Stat. § 601-3.6(d) | Spouse and child abuse special account; judiciary |
(d) The judiciary, in coordination with the department of health, shall submit an annual report to the legislature, prior to the convening of each regular session, providing an accounting of the receipts of and expenditures from the account.
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Obligation to collect or record | Court |
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Hawaii | Haw. Rev. Stat. 706-643(2) | Disposition of Convicted Defendants: Disposition of funds |
(2) All fines and other final payments received by a clerk or other officer of a court shall be accounted for, with the names of persons making payment, and the amount and date thereof, being recorded. All such funds shall be deposited with the director of finance to the credit of the general fund of the State. With respect to fines and bail forfeitures that are proceeds of the wildlife revolving fund under section 183D-10.5, and fines that are proceeds of the compliance resolution fund under sections 26-9(o) and 431:2-410, the director of finance shall transmit the fines and forfeitures to the respective funds.
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Obligation to collect or record | State courts |
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Illinois | 725 Ill. Comp. Stat. 5/113-3.1(d) | Payment for Court-Appointed Counsel |
(d) The Supreme Court or the circuit courts may provide by rule for procedures for the enforcement of orders entered under this Section. Such rules may provide for the assessment of all costs, including attorneys’ fees which are required for the enforcement of orders entered under this Section when the court in an enforcement proceeding has first found that the defendant has willfully refused to pay. The Clerk of the Circuit Court shall keep records and make reports to the court concerning funds paid under this Section in whatever manner the court directs.
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Obligation to collect or record | State courts |
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Illinois | 5 Ill. Comp. Stat. 140/1.2 | Freedom of Information Act: Presumption |
All records in the custody or possession of a public body are presumed to be open to inspection or copying. Any public body that asserts that a record is exempt from disclosure has the burden of proving by clear and convincing evidence that it is exempt.
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Obligation to respond to public records requests | State courts |
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Illinois | 705 Ill. Comp. Stat. 105/14 | Entry of judgments |
The clerks shall enter of record all judgments and orders of their respective courts, as soon after the rendition or making thereof as practicable. |
Obligation to collect or record | State courts |
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Iowa | Iowa Code § 602.8106(2) | District court clerk statement to the city |
The clerk of the district court shall remit ninety percent of all fines and forfeited bail to the city that was the plaintiff in any action, and shall provide that city with a statement showing the total number of cases, the total of all fines and forfeited bail collected, and the total of all cases dismissed. The remaining ten percent shall be submitted to the state court administrator.
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Obligation to collect or record | State courts |
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Iowa | Iowa Code § 602.8106(3) | District court clerk statement to the county |
The clerk of the district court shall remit all fines and forfeited bail for violation of a county ordinance, except an ordinance relating to vehicle speed or weight restrictions, to the county treasurer of the county that was the plaintiff in the action, and shall provide that county with a statement showing the total number of cases, the total of all fines and forfeited bail collected, and the total of all cases dismissed. However, if a county ordinance provides a penalty for a violation which is also penalized under state law, the fines and forfeited bail collected for the violation shall be submitted to the state court administrator
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Obligation to collect or record | State courts |
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Iowa | Iowa Code § 602.8107(7) | Collection of court debt |
7. Reports. The judicial branch shall prepare a report aging the court debt. The report shall include the amounts collected by the private collection designee, the distribution of these amounts, and the amount of the fee collected by the private collection designee. In addition, the report shall include the amounts written off pursuant to subsection 6. The judicial branch shall provide the report to the co-chairpersons and ranking members of the joint appropriations subcommittee on the justice system, the legislative services agency, and the department of management by December 15 of each year.
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Obligation to collect or record | Court |
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Georgia | Ga. Code Ann. § 15-1-10 | Removal of Court Records; Storage |
(a) No records or papers of any court shall be removed out of the county, except in cases of invasion whereby the same may be endangered, by order of the court, or as otherwise provided in this Code section; (b) Notwithstanding any other provision of this Code section, such records may be stored in accordance with the provisions of subsection (b) of Code Section 15-6-86 or subsection (c) of this Code section; (c) With the prior written consent of the governing authority of the county or municipality and the prior written consent of the chief judge, judge of the probate court, or chief magistrate of the affected court, the clerk of each superior court, state court, probate court, magistrate court, juvenile court, or municipal court in this state is authorized, but not required, to create and maintain digital copies of records, pleadings, orders, writs, process, and other documents submitted to or issued by the court in criminal, quasi-criminal, juvenile, or civil proceedings or in any proceedings involving the enforcement of ordinances of local governments. All digital copies created pursuant to this subsection shall be accurate copies of the original documents and shall be stored and indexed in such manner as to be readily retrievable in the office of the clerk during normal business hours. It shall be the duty of the clerk to provide and maintain software and computers, readers, printers, and other necessary equipment in sufficient numbers to permit the retrieval, duplication, and printing of such digitally stored documents in a timely fashion when copies are requested. A copy of such digitally stored document retrieved by the clerk shall be admissible in all courts in the same manner as the original document. If a backup copy is created pursuant to the process prescribed by subsections (b) and (c) of Code Section 15-6-62, the clerk is authorized to destroy the original document. This subsection shall not apply to documents or records which have been ordered sealed by the court nor to documents which are placed in evidence in a proceeding. The costs of creating and storing digital copies of documents and providing the necessary software and equipment to retrieve and reproduce such documents shall be paid from funds available for the operation of the court. The provisions of this subsection shall constitute an additional and alternative method of records management and shall not supersede or repeal Code Section 15-6-62, 15-6-62.1, 15-6-86, or 15-6-87.
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Obligation to collect or record | All courts |
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Georgia | Ga. Code Ann. § 15-13-31 | Receipt For Fees To Be Given; Penalty |
Every public official mentioned in Code Section 15-13-30, his deputy, or his agent shall, when required, give a statement of the fees demanded and a receipt for the same to any person paying any lawful or pretended fees of office, on pain of forfeiting $10.00 for every such neglect or refusal, to be demanded in court within 12 months and recovered by the person paying the fees and making the demand.
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Obligation to respond to public records requests | All |
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Georgia | Ga. Code Ann. § 15-21-57 | Effect of Article Upon Duty of Prosecuting Officers and County Treasurers Relating to Accounting For Fines and Bond Forfeitures |
Nothing in this article shall affect the duty of the prosecuting officer of any court or the treasurer of any county to account for fines and bond forfeitures to the parties legally entitled as provided by law (but subject to the limitations and alterations provided in this article), including paying to counties and their proper officers all parts of the fund to which the prosecuting officer, clerk of court, sheriff, or other officer would be entitled where, under the law, the funds are paid over to the county and its proper officer because the prosecuting officer, clerk of court, sheriff, or other officer is on a salary basis.
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Obligation to collect or record | All courts, County |
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Georgia | Ga. Code Ann. § 42-8-108 | Quarterly Report to Judge and Council; Records to Be Open For Inspection |
(a) Any private corporation, private enterprise, or private agency contracting to provide probation services or any county, municipality, or consolidated government entering into an agreement under the provisions of this article shall provide to the judge who consented to such contract or agreement and DCS a quarterly report summarizing the number of offenders under supervision; the amount of fines, statutory surcharges, and restitution collected; the amount of fees collected and the nature of such fees, including probation supervision fees, rehabilitation programming fees, electronic monitoring fees, drug or alcohol detection device fees, substance abuse or mental health evaluation or treatment fees if such services are provided directly or otherwise to the extent such fees are known, and drug testing fees; the number of community service hours performed by probationers under supervision; a listing of any other service for which a probationer was required to pay to attend; the number of offenders for whom supervision or rehabilitation has been terminated and the reason for the termination; and the number of warrants issued during the quarter, in such detail as DCS may require. Information reported pursuant to this subsection shall be annually submitted to the governing authority that entered into such contract and thereafter be subject to disclosure pursuant to Article 4 of Chapter 18 of Title 50. Local governments are encouraged to post electronic copies of the annual report on the local government's website, if such website exists; (b) All records of any private corporation, private enterprise, or private agency contracting to provide services or of any county, municipality, or consolidated government entering into an agreement under the provisions of this article shall be open to inspection upon the request of the affected county, municipality, consolidated government, court, the Department of Audits and Accounts, an auditor appointed by the affected county, municipality, or consolidated government, the Department of Corrections, DCS, the State Board of Pardons and Paroles, or the board.
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Obligation to report/conduct analysis, Obligation to respond to public records requests | Private actors |
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Georgia | Ga. Code Ann. § 47-11-51(a);(b) | Payment to Fund of a Portion of Criminal and Quasi-Criminal Fines and Forfeited Bonds; Duty to Record and Report Collection; Penalties |
(a) In every criminal and quasi-criminal case for violating state statutes or traffic laws which is before a judge of the probate court and in which case a fine is collected or a bond is forfeited, $3.00 shall be collected by the judge, clerk of court, or other collecting authority. Such bond or fine shall be construed to include costs; (b) The sum provided for shall be paid to the board before the payment of any cost or any claims whatsoever against such fine or forfeiture. It is made the duty of the judge of the probate court or other authority collecting the money to keep accurate records of the amount due the board so that the same may be audited or inspected at any time by any representative of the board at the direction of the board. Sums remitted to the board under this Code section shall be used as provided for elsewhere in this chapter.
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Obligation to collect or record | State courts |
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Maine | Me. Rev. Stat. tit 4 § 568 | Duties of clerks as to records; fees |
All clerks of courts shall receive and safely keep all such records and papers lodged in their offices and give attested copies thereof, for which they shall receive the same fees as a notary. Such copies shall be as valid as if certified by notaries.
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Obligation to collect or record | All courts |
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Maine | Me. Rev. Stat. tit 15 §1943 | Fines, costs and forfeitures in Superior Court |
Every clerk of a Superior Court shall render under oath a detailed account of all fines, costs and forfeitures upon convictions and sentences before the court and shall pay them into the State Treasury on or before the 15th day of the month following the collection of such fines, costs and forfeitures.
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Obligation to collect or record | State courts |
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Maine | Me. Rev. Stat. tit 1 §408-A | Public records available for inspection and copying |
Except as otherwise provided by statute, a person has the right to inspect and copy any public record in accordance with this section within a reasonable time of making the request to inspect or copy the public record.
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Obligation to respond to public records requests | All courts |