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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. PARTICIPANT DRUG COURT FEES -- 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 which that 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 and supervision 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