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HB21-1315

Costs Assessed To Juveniles In The Criminal Justice System

Concerning eliminating certain monetary amounts a juvenile in the justice system is required to pay.
Session:
2021 Regular Session
Subjects:
Courts & Judicial
Crimes, Corrections, & Enforcement
Bill Summary

Under current law, courts may assess administrative fees, costs, and surcharges in juvenile delinquency cases when juveniles have been charged with or adjudicated of certain crimes. The bill removes the following costs and fees 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 and any fine 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;
  • 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;
  • Fees related to participating in restorative justice practices;
  • 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 restorative justice practices in a court order.

Any outstanding balances of the fees, costs, and surcharges repealed in the bill are unenforceable and not collectable. Within 6 months after the bill goes into effect, the court is required to vacate the portion of a court order that imposes the costs.

The bill 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: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Passed

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Bill Text