Costs Assessed To Juveniles In The Criminal Justice System

The act removes the following administrative fees, costs, and surcharges in juvenile delinquency cases that a juvenile or a juvenile's parent or legal guardian must pay:

• Cost of care, other than costs required pursuant to the federal "Social Security Act", for a juvenile sentenced to a placement out of the home or granted probation as a result of an adjudication, deferral of adjudication, or direct filing in or transfer to district court;
• Costs of prosecution and the amount of the cost of care imposed upon a juvenile who is adjudicated a juvenile delinquent;
• Fees for applying for court-appointed counsel and costs of the representation when a juvenile's parent, guardian, or legal custodian is determined not to be indigent;
• Costs and surcharges levied on criminal actions and traffic offenses paid into the court district's crime victim compensation fund and the victims and witnesses assistance and law enforcement fund;
• Surcharges paid into the sex offender surcharge fund by juveniles adjudicated, or who receive a deferred adjudication, for commission of a sex offense;
• Cost of the juvenile's medical care in the youthful offender system provided to the minor based on the minor's consent;
• Cost of collecting and testing biological samples from juveniles sentenced to the youthful offender system;
• Time payment and late penalty fees assessed when a juvenile does not pay fines, fees, costs, surcharges, or other monetary assessments in criminal cases;
• The restorative justice surcharge;
• Costs and surcharges related to impaired driving; and
• The fee assessed on persons required to perform community or useful public service.

A court is prohibited from including fees related to participating in restorative justice practices in a court order.

Any outstanding balance of the fees, costs, and surcharges repealed in the act are unenforceable and not collectable. Within 6 months after the effective date of the act, the court is required to vacate the portion of a court order that imposes the costs.

The act makes transfers from the marijuana tax cash fund to the restorative justice surcharge fund, the crime victim compensation fund, and the victims assistance and law enforcement fund.

(Note: This summary applies to this bill as enacted.)