View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0571................................by JUDICIARY, RULES AND ADMINISTRATION DRUG COURT - FEES - Amends and adds to existing law to provide for the payment of a drug court fee; to provide that moneys in the County Drug Court Fund may be expended for private counseling services; to provide that the failure to pay the drug court fee may constitute grounds for termination from drug court; to provide that certain unpaid drug court fees shall be ordered by the court in the judgment of conviction unless waived based upon a person's inability to pay; to provide that the drug court fee shall be in addition to all other fines and fees levied; and to provide that payment of the fee may be ordered as a term and condition of probation. 01/28 House intro - 1st rdg - to printing 01/29 Rpt prt - to Jud 02/18 Rpt out - rec d/p - to 2nd rdg 02/19 2nd rdg - to 3rd rdg 02/23 3rd rdg - PASSED - 66-0-4 AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Bedke, Cuddy, Lake, Roberts Floor Sponsor - Ring Title apvd - to Senate 02/24 Senate intro - 1st rdg - to Jud 03/02 Rpt out - rec d/p - to 2nd rdg 03/03 2nd rdg - to 3rd rdg 03/15 3rd rdg - PASSED - 29-0-6 AYES -- Andreason, Bailey, Bunderson, Burkett, Burtenshaw, Calabretta, Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Pearce, Richardson, Schroeder, Sorensen, Stegner, Sweet, Werk NAYS -- None Absent and excused -- Brandt, Cameron, Davis, Noh, Stennett, Williams Floor Sponsor - Sweet Title apvd - to House 03/16 To enrol 03/17 Rpt enrol - Sp signed 03/18 Pres signed - To Governor 03/23 Governor signed Session Law Chapter 249 Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 571 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO DRUG COURT FEES; AMENDING SECTION 31-3201E, IDAHO CODE, TO REVISE 3 TERMINOLOGY, TO MAKE GRAMMATICAL CHANGES, TO PROVIDE THAT MONEYS IN THE 4 COUNTY DRUG COURT FUND MAY BE EXPENDED FOR PRIVATE COUNSELING SERVICES, TO 5 PROVIDE THAT THE FAILURE TO PAY THE DRUG COURT FEE MAY CONSTITUTE GROUNDS 6 FOR TERMINATION FROM DRUG COURT, TO PROVIDE THAT TERMINATION SHALL NOT BE 7 THE EXCLUSIVE REMEDY FOR FEE COLLECTION, TO PROVIDE THAT CERTAIN UNPAID 8 DRUG COURT FEES SHALL BE ORDERED BY THE COURT IN THE JUDGMENT OF CONVIC- 9 TION UNLESS WAIVED BASED UPON A PERSON'S INABILITY TO PAY THE FEE, TO PRO- 10 VIDE THAT THE DRUG COURT FEE SHALL BE IN ADDITION TO ALL OTHER FINES AND 11 FEES LEVIED AND TO PROVIDE THAT PAYMENT OF THE FEE MAY BE ORDERED AS A 12 TERM AND CONDITION OF PROBATION; AND AMENDING CHAPTER 56, TITLE 19, IDAHO 13 CODE, BY THE ADDITION OF A NEW SECTION 19-5608, IDAHO CODE, TO PROVIDE FOR 14 THE PAYMENT OF A DRUG COURT FEE. 15 Be It Enacted by the Legislature of the State of Idaho: 16 SECTION 1. That Section 31-3201E, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 31-3201E. PARTICIPANTDRUG COURT FEE S-- DRUG COURT FUND. Each person 19 admitted into a drug court shall pay a drug court fee in an amount not to 20 exceed three hundred dollars ($300) per month or a lesser amount as set by the 21 administrative district judge for participants in the drug court. For good 22 cause, the judge presiding over a drug court may exempt a participant from 23 paying all or a portion of the drug court fee. The fee imposed under this sec- 24 tion shall be paid to the clerk of the district court for deposit into the 25 county drug court fund which is hereby created in each county whichthat has a 26 drug court. Moneys in this fund may be accumulated from year to year and shall 27 be expended exclusively for expenses incurred in connection with the drug 28 court including, but not limited to, substance abuse treatment, drug testing, 29 andsupervision and private counseling services utilized by the drug court. 30 Any failure to pay the drug court fee may constitute grounds for termination 31 from drug court by the court, provided this shall not be the exclusive remedy 32 for collection of the fee. If a participant is terminated from the drug court 33 prior to successful completion of the program and a judgment of conviction is 34 entered against the defendant, any unpaid drug court fee shall be ordered by 35 the court in the judgment of conviction, provided the court may order such fee 36 to be waived if the court determines that the person is indigent and unable to 37 pay the fee. Such fee shall be in addition to all other fines and fees levied, 38 and the payment of such fee may also be ordered as a term and condition of 39 probation. 40 SECTION 2. That Chapter 56, Title 19, Idaho Code, be, and the same is 41 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 42 ignated as Section 19-5608, Idaho Code, and to read as follows: 2 1 19-5608. DRUG COURT FEE. Each person admitted into a drug court shall pay 2 the drug court fee as established in section 31-3201E, Idaho Code.
STATEMENT OF PURPOSE RS 13582C1 This proposal is intended to close a "loophole" in the law regarding Drug Court Participation Fees. The proposed law is intended to ensure that all participants are accountable for the costs and fees that were incurred during their participation in the program. In a recent Idaho Court of Appeals case, State of Idaho v. Jennifer McCool, 2003 WL21360739, Id App 2003, June 3, 2003 (unpublished opinion), the Court ruled that the requirement to pay drug court fees does not survive termination from the drug court program and cannot be ordered as a fee or restitution at sentencing absent a statutory provision allowing such. Drug Court fees are necessary for the successful operation of the program and can lawfully be ordered by a court for drug court participants under Idaho Code 31-3201E. It is unfair that unsuccessful participants can be relieved of the burden to pay the fees simply by not complying with the drug court conditions and being terminated from the program. This proposed change to the law will allow the expense of the drug court treatment and supervision to survive the termination from the program and allow the sentencing judge to order the fees during sentencing or as a cost that is a condition of probation. FISCAL IMPACT There is no anticipated impact on the General Fund. There will be a small increase in the Drug Court Fund. Contact Name: Rep. Bob Ring Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 571