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.
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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.
193 Results
| State | Statute | Description/Statute Name | Statutory language | Type of obligation | Actor | |
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Georgia | Ga. Code Ann. § 47-17-60(a);(a.1) | Payments to the Fund from Fines and Bonds Collected in Criminal and Quasi-Criminal Cases; Duty of Collecting Authority to Record and Remit Sums Collected; Penalty |
(a) A portion of each fine collected and each bond forfeited and collected in any criminal or quasi-criminal case for violation of state statutes, county ordinances, or municipal ordinances, which case is before any court or tribunal in this state, shall be paid to the secretary-treasurer according to the following schedule: (1) Three dollars for any fine or bond forfeiture of more than $4.00, but not more than $25.00; (2) Four dollars for any fine or bond forfeiture of more than $25.00, but not more than $50.00; (3) Five dollars for any fine or bond forfeiture of more than $50.00, but not more than $100.00; or (4) Five percent of any fine or bond forfeiture of more than $100.00. For purposes of determining amounts to be paid to the secretary-treasurer, the amount of the fine or bond collected shall be deemed to include costs. The amounts provided for shall be paid to the secretary-treasurer before the payment of any costs or any claim whatsoever against such fine or forfeiture. The collecting authority shall pay such amounts to the secretary-treasurer on the first day of the month following that in which they were collected or at such other time as the board may provide. With such payment there shall be filed an acceptable form which shows the number of cases in each of the above categories and the amounts due in each category. It shall be the duty of the collecting authority to keep accurate records of the amounts due the board so that the records may be audited or inspected at any time by any representative of the board under its direction. Sums remitted to the secretary-treasurer under this Code section shall be used as provided for elsewhere in this chapter; (a.1) Five dollars of each fee collected prior to adjudication of guilt for purposes of pretrial diversion pertaining to any criminal or quasi-criminal case for violation of state statutes, county ordinances, or municipal ordinances as provided for in subsection (f) of Code Section 15-18-80, which case is before any court or tribunal in this state, shall be paid to the secretary-treasurer. The clerk of court as provided for in subsection (f) of Code Section 15-18-80 shall pay such amounts to the secretary-treasurer on the first day of the month following that in which they were collected or at such other time as the board may provide. With such payment there shall be filed an acceptable form from the clerk of court which shows the number of cases in each of the above categories and the amounts due in each category. It shall be the duty of the clerk of court to keep accurate records of the amounts due the board so that the records may be audited or inspected at any time by any representative of the board under its direction. Sums remitted to the secretary-treasurer under this Code section shall be used as provided for elsewhere in this chapter.
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Obligation to collect or record | Clerk |
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Georgia | Ga. Code Ann. § 15-2-43(10) | Duties of Clerk |
The clerk of the Supreme Court shall have the following duties: (10) On or before the fifth day of each and every month, to submit in writing to the Office of the State Treasurer, with a copy to the state auditor, a full and fair statement of each case in which costs have been collected during the month preceding the report, showing the amount collected and the amount not collected. If any balance due by the clerk has not been collected, aside from costs due in indigency cases, or has been collected but not paid over, then the clerk shall be liable to be ruled by the Office of the State Treasurer in the Supreme Court, in term time, on the same terms as other officers are ruled.
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Obligation to collect or record | Clerk |
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Georgia | Ga. Code Ann. § 15-13-33 | Table of Fees to be Kept |
(a) Every public official shall constantly keep and have posted in a conspicuous place in his or her office, the place where the business thereof is conducted, or in an electronic format accessible to the public a table of fees for his or her office stated in fair words and figures; (b) Every public official who keeps in a conspicuous place in his office or the place where he usually executes the business thereof a copy of this Code shall be held and construed to have complied with the requirements of this Code section.
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Obligation to collect or record | State courts |
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Georgia | Ga. Code Ann. § 15-21-132(b);(c);(d);(h) | Assessment and Collection of Additional Sums; Reporting; Certification of Victim Assistance Programs |
(b) The court officer charged with the duty of collecting moneys arising from fines as provided for in Code Section 15-21-131 shall receive and distribute the funds collected to the county governing authority or district attorney, as appropriate, and shall submit a monthly report of the collection and distribution of such funds to the Georgia Superior Court Clerks' Cooperative Authority, and the Georgia Superior Court Clerks' Cooperative Authority shall submit a financial report to the Criminal Justice Coordinating Council each month stating the amount collected and the amount disbursed no later than the last day of the month following the month in which the funds were collected; (c) The county governing authority receiving funds shall submit a financial report to the Criminal Justice Coordinating Council semiannually stating the recipients that directly received funds during such reporting period no later than the last day of the month following the reporting period in which the funds were collected in order to allow coordination of local, state, and federal funding sources for similar services. The Criminal Justice Coordinating Council shall report annually to the General Assembly the county governing authorities that failed to submit semiannual reports during the previous calendar year; (d) All recipients of funds pursuant to this Code section, except county governing authorities, shall submit an annual report to the Criminal Justice Coordinating Council. Such report shall include, but not be limited to, the total amount of funds received pursuant to this Code section, the purposes for which the funds were expended, and the total number of victims served in each county for which the funds were received. A copy of each recipient's annual report shall also be submitted to each county governing authority from which funds were received pursuant to this Code section; (h) Each calendar quarter, the Criminal Justice Coordinating Council shall prepare and publish, by document and posting on its website, a report that shall list each court which has not filed the reports required by subsection (b) of this Code section.
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Obligation to collect or record, Obligation to report/conduct analysis | State courts |
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Georgia | Ga. Code Ann. § 15-21A-6.1 | Judicial Operations Fund Fee; Collection and Reporting Procedure |
(a) In addition to all other legal costs, there shall be charged to the filing party and collected by the clerk an additional filing fee of $125.00, to be known as a judicial operations fund fee, in each civil action or case filed in a superior court except that the state, including, but not limited to, its departments, agencies, boards, bureaus, commissions, public corporations, and authorities, municipalities, counties, and political subdivisions shall be exempt from such fee. Without limiting the generality of the foregoing, such fee shall apply to all adoptions, certiorari, trade name registrations, applications for change of name, and all other proceedings of a civil nature. Any matter which is docketed upon the official dockets of the superior court and to which a number is assigned shall be subject to such fee, whether such matter is contested or not; provided, however, that the judicial operations fund fee shall not apply to the issuance of certificates of appointment and reappointment of notaries public; (b) Each superior court clerk shall collect the fees provided in this Code section and the moneys shall be paid over to the authority by the last day of the month after the month of collection, to be deposited by the authority into the general fund of the state treasury; (c) The authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this Code section and shall submit such report and accounting to the Office of Planning and Budget, the House Budget and Research Office, and the Senate Budget and Evaluation Office no later than 60 days after the last day of the preceding quarter.
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Obligation to collect or record, Obligation to report/conduct analysis | State/statewide agency |
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Georgia | Ga. Code Ann. § 15-21A-7 | Rules, Regulations, Reporting, and Accounting |
(a) As used in this Code section the term "court" means all trial courts within this state including, but not limited to, superior, juvenile, state, magistrate, probate, municipal, and special courts, whether called mayor's courts, recorder's courts, police courts, civil courts, traffic courts, or miscellaneous courts or any other trial court created in this state under any other name; (b) The authority shall promulgate rules and regulations for the administration of this chapter. Such rules and regulations shall include but not be limited to a reporting and accounting system for all court fines and fees and all surcharges on and deductions from any court fines and fees that are authorized to be collected or disbursed in any court. The authority shall develop a system that employs controls necessary to determine the accuracy of the fine and fee collections and disbursement by each clerk of court or other officer or agent of any court receiving any fines and fees. No later than 60 days after the end of the last day of each month, each such clerk of court and, if there is no clerk of court, any court officer, judge, or other agent of the court shall report to the authority on a reporting system prescribed by the authority. Any entity doing business with any court and all agencies and instrumentalities of the state shall provide any information or data requested by the authority in a format prescribed by the authority by rule or regulation. The authority is authorized to make inquiries to clerks of court, court officers, judges, or agents of any court and agencies or instrumentalities of the state as well as any other parties for the purpose of determining the accuracy of any fines and fees collected or disbursed by a court and is authorized where it determines appropriate to conduct audits of any parties to assist in ensuring the accuracy of the system developed by the authority; (c) The authority shall, on a quarterly basis, make a detailed report and accounting of all fines and fees collected and remitted by any court and shall submit such report and accounting to the Legislative Oversight Committee for the Georgia Public Defender Council, the Office of Planning and Budget, the Chief Justice of the Supreme Court of Georgia, the House Budget and Research Office, and the Senate Budget and Evaluation Office no later than 60 days after the last day of the preceding quarter.
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Obligation to collect or record, Obligation to report/conduct analysis | All courts |
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Massachusetts | Mass. Gen. Laws ch. 276, § 90 | Probation Officers — Powers; Inspection of Records. |
A probation officer shall not be an active member of the regular police force, but so far as necessary in the performance of his official duties shall, except as otherwise provided, have all the powers of a police officer, and if appointed by the superior court may, by its direction, act in any part of the commonwealth. He shall report to the court, and his records may at all times be inspected by police officials of the towns of the commonwealth; provided, that his records in cases arising under sections fifty-two to fifty-nine, inclusive, of chapter one hundred and nineteen shall not be open to inspection without the consent of a justice of his court.
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Obligation to collect or record | Supervision agency |
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Massachusetts | Mass. Gen. Laws ch. 211E, § 1(c)(8),(f) | Massachusetts Sentencing Commission Established. |
(c) The commission shall have the power to perform such functions as may be necessary to carry out the purposes of this chapter, and may delegate to any member or designated person such powers as may be appropriate to the accomplishment of the duties of the commission as set forth below. In particular, the commission shall: (8) make recommendations to the legislature concerning modification or enactment of laws relating to crimes, sentencing, and correctional matters, as well as recommendations concerning programmatic, budgetary and capital matters that the commission finds to be necessary and advisable to carry out the purposes of this chapter;
(f) Except as otherwise provided by law, the commission shall maintain and make available for public inspection a record of the final vote of each member on any action taken by it. |
Obligation to collect or record | State/statewide agency |
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Massachusetts | Mass. Gen. Laws ch. 221, § 2 | Clerks — Duties. |
The clerk shall attend all sessions of the court, preserve all the files and papers thereof, keep a docket record of all questions transferred, and of all petitions, complaints or other processes presented to the court, and enter thereon the names of the parties in full and of the counsel who appear in their behalf, and a brief description of the nature of the action or proceeding. He shall also record thereon accurate minutes of all orders, decrees or directions of the court in each case, transmit forthwith to the clerks of courts in the several counties all rescripts made or ordered by the court and the papers which belong to the supreme judicial court or the superior court in each case, and receive and keep safely all papers transmitted to him by the clerks of the courts. He shall make copies of all papers on file in said court and of the docket record thereof, if desired, and certify them under the seal of the court. He shall issue such writs or other processes as the court orders, shall charge the fees provided by law for like services for clerks of courts, and if no express fee is provided, he shall receive a fair compensation for the services required of him in analogy to like services for which a compensation is fixed by law. He shall annually, before the last Wednesday of December, account with and pay over to the state treasurer all fees received by him.
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Obligation to collect or record | Clerk |
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Massachusetts | Mass. Gen. Laws ch. 221, § 32 | Clerks — Clerk to Account for Fees, Etc. |
The clerks of the courts in the several counties, and of the supreme judicial court and superior court department for Suffolk county, shall keep cash books, which shall be the property of the commonwealth and shall be and remain a part of the records of the courts, in which they shall keep accounts of all fees received by them for their official acts and services, including fees for copies which they are not required by law to furnish, fees and money in proceedings relative to naturalization or for naturalization certificates, and all fees and money of whatever description or character received by them, or by any assistant or other person in their offices or employment, for any acts done or services rendered in connection with their said offices.
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Obligation to collect or record | Clerk |
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Massachusetts | Mass. Gen. Laws ch. 266, § 108 | Destroying Vessel to Defraud Owner or Insurer. |
If the defendant is indigent or if the court finds that ordering such restitution would cause a substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents, the court may determine that the interests of the victim and of justice would not be served by ordering such restitution. In such case, the court shall make specific written findings of the evidence presented which militated against the imposition of restitution.
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Obligation to collect or record | All courts |
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Massachusetts | Mass. Gen. Laws ch. 119, § 62 | Delinquency — Restitution by Child. |
If the payment is not made at once, it shall be made to the probation officer, who shall give a receipt therefor, keep a record of the payment, pay the money to said injured person, and keep on file his receipt therefor.
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Obligation to collect or record | Supervision agency |
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Massachusetts | Mass. Gen. Laws ch. 276, § 92 | Restitution — Payments to Probation Officers. |
If a person is placed on probation upon condition that he make restitution or reparation to the person injured by him in the commission of his offence, and payment is not made at once, the court may order that it shall be made to the probation officer, who shall give receipts for and keep record of all payments made to him, pay the money to the person injured and keep his receipt therefor, and notify the clerk of the court whenever the full amount of the money is received or paid in accordance with such order or with any modification thereof.
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Obligation to collect or record | Supervision agency |
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Massachusetts | Mass. Gen. Laws ch. 279, § 1 | Suspended Sentences — Imprisonment. |
The probation officer shall give a receipt for every payment so made, shall keep a record of the same, shall pay the fine, or all sums received in part payment thereof, to the sheriff if such fine is imposed in the superior court, or to the clerk of the court if such fine is imposed in the district court, at the end of the period of probation or any extension thereof, and shall keep on file the sheriff's or clerk's receipt therefor.
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Obligation to collect or record | Supervision agency |
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Massachusetts | Mass. Gen. Laws ch. 280, § 6A | Special Cost Assessments. |
Before imposing a fine or forfeiture as a punishment or part punishment for a crime, the court or justice shall levy as a special cost assessment an amount equal to twenty–five per cent of the fine or forfeiture; provided however, that no special cost assessment shall be levied on fines or forfeitures for minor motor vehicle offenses, and juvenile offenses or acts of delinquency . . . Said cost assessment shall be accounted for by the clerk of the court and forwarded to the state treasurer who shall deposit such assessment in the General Fund.
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Obligation to collect or record | Clerk |
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Massachusetts | Mass. Gen. Laws ch. 279, § 1A | Suspended Sentences — Fines and Imprisonment. |
The probation officer shall give a receipt for every payment so made, shall keep a record of the same, shall pay the fine, or all sums received in part payment thereof, to the clerk of the court at the end of the period of probation or any extension thereof, and shall keep on file the clerk's receipt therefor.
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Obligation to collect or record | Supervision agency |
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Massachusetts | Mass. Gen. Laws ch. 280, § 16 | "Payment by state treasurer of expenses or fees; time limit for demand; qualifications for payment to clerks of district court Currentness" |
The state treasurer shall pay over to the persons entitled thereto all amounts allowed to them for expenses or fees in criminal prosecutions, or allowed by the courts as rewards or compensations to prosecutors, which have been duly certified by the clerks, if demanded within three years after the allowance thereof; but he shall pay no such amounts to a clerk of a district court, until the clerk has rendered a written account of all fines received by him since his last return, and of all fees which have remained in his hands for one year after their allowance.
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Obligation to collect or record | Clerk |
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Missouri | Mo. Ann. Stat. § 559.231 | Board of probation - records |
It shall be the duty of said board to keep a record of persons paroled and, as far as possible, of their whereabouts, occupation and conduct, and a record of the final discharge of such persons upon parole, or the revocation of any parole and the reasons therefor.
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Obligation to collect or record | Supervision agency |
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Missouri | Mo. Ann. Stat. § 476.010 | Courts of record |
The supreme court of the state of Missouri, the court of appeals, and the circuit courts shall be courts of record, and shall keep just and faithful records of their proceedings. Notwithstanding the foregoing, municipal divisions of the circuit courts shall not be considered courts of record, regardless of whether or not a verbatim record of proceedings before the division is kept.
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Obligation to collect or record | State courts |
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Missouri | Mo. Ann. Stat. § 479.080(3) | Fines and costs, where paid, deposited--supreme court may provide for uniform procedure Currentness |
The supreme court by administrative rule may provide for uniform procedure, and reporting forms for the collection and transmittal of fines and costs. Until modified or otherwise provided by such administrative rule, the municipal judge, or associate circuit judge hearing and determining violations of municipal ordinances, shall cause the clerk serving his division, within the first ten days of every month, to make out a list of all the cases heard or tried before the judge during the preceding month, giving in each case the name of the defendant, the fine imposed, if any, the amount of costs, the names of defendants committed and the cases in which there was an application for trial de novo, respectively. Such clerk or the judge shall verify such lists and statements by affidavit, and file the same forthwith with the clerk of the municipality, who shall lay the same before the governing body or the municipality at its first session thereafter.
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Obligation to collect or record | Clerk |