The fees and fines assessed in court may seem excessive at times but where the court does often exercise discretion is when a defendant does not have an ability to pay. Fees assessed to defendants in district or circuit court
The fees and fines assessed in court may seem excessive at times but where the court does often exercise discretion is when a defendant does not have an ability to pay.
Fees assessed to defendants in district or circuit court are set by the state Legislature. They are designed to fund programs affected by an offense, to recoup costs of the state and probation in prosecuting a case, or as small compensation to victims.
At sentencing the court will ask the defense attorney to arrange a payment schedule that ranges from $25 a month to whatever the defendant can realistically afford within one- to five-year probation.
For smaller fines or short probation periods, the judge may order payment with a deadline date.
The concern is that people get caught in a revolving door of being held in contempt of court for not making payments. They have difficulty finding work in a difficult economy with the additional burden of a criminal record — and wind up in violation of probation for missing payments.
When this occurs, the defendant can raise this concern at the contempt hearing. The judge may weigh the complaint with evidence presented by the state to show a genuine effort was made to find work or make payments.
The court may then decide to convert fines to community service, jail time or waive them all together depending on the offense and the defendant.
The Crime Victim Compensation Fee is assessed at sentencing and is usually around $35 for a petty misdemeanor or $55 for a misdemeanor.
The Criminal Injuries Compensation Commission uses the fees to help victims and families of certain crimes who suffered physical or financial injuries.
The Probation Services Fee is usually $75 but can run up to $1,500. It is assessed when the defendant is sentenced to probation.
The fee is meant to defray costs of administering probation services. The court has discretion to determine is the defendant is unable to pay the fee.
The fines assessed to motor vehicle related offenses go to the Driver Education and Training fund for programs administered by the judiciary. The Driver Education Fee can be $7, $75 or $107.
The Neurotrauma Special Fund is a mandate for the Department of Health to fund services for survivors of brain and spinal injuries. The fees run $10, $25, $100 and $250 and from surcharges on traffic violations, such as speeding, drunken driving, not wearing seat belts and leaving the scene of an accident involving injury.
The Trauma Special Fund is assessed at $10, $25, $50 and $100. It is a surcharge on civil or criminal offenses with additional amounts ordered for repeat offenders.
The Drug Demand Reduction Assessment funds are administered by the Department of Health to supplement substance abuse treatment and other substance abuse demand reduction programs.
The fees are ordered when a deferred acceptance of a guilty or no contest plea is granted. It is in addition to court-ordered assessments and programs that defendants must successfully complete at their own expense.
A judge often orders an addiction assessment or evaluation when the crime involved or was motivated by possible substance abuse. The order includes a follow-through with any treatment recommended by probation, and is usually at the offender’s own expense.
According to a court administrator the evaluation can range from $100 to $200, and treatment depends on the recommendation. It could just be addiction awareness and education, or a full in-patient residential treatment.
Follow through usually requires attending Alcoholics Anonymous or Narcotics Anonymous meetings that require no fees. A residential program on the other hand, can cost from $3,000 to $5,000 per month for the public or nonprofit programs that run for one month up to two years depending on the severity of the addiction.
The repeat offenders often return for extensive recovery therapy. The general rule of thumb is that the longer the treatment the better the outcome.
The court also has discretion to order monetary assessments of up to $3,000 for a class A felony, $2,000 for a class B felony, $1,000 when for a class C felony, $500 when for a misdemeanor, and $250 for a petty misdemeanor.
If a defendant has the ability to pay a monetary assessment, and is eligible for probation and is not sentenced to jail, the court may order a substance abuse treatment program at the defendant’s own expense.
When ordered, the court may waive or reduce the amount of the monetary assessment if there is an inability to pay some or all of the assessment fee.
State law directs the court to order persons sentenced for certain violations to reimburse the county for the cost of any blood or urine tests conducted.
Restitution orders involve repayment of victim financial or property loss. The victim makes a request to the court through the prosecutor, and the defense has an opportunity to challenge any claims in open court.
When awarded the judge will note that restitution payments take priority before applying any of the defendant’s money to fees and fines.
If a defendant fails to show up for court, or doesn’t follow through on a court order and a bench warrant is assessed, they can expect a $50 processing fee.
It is imposed to recoup administrative costs associated with a bench warrant and is either a county or a state law.
• Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or tlaventure@thegardenisland.com.
