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H0368................................by JUDICIARY, RULES AND ADMINISTRATION COURT FEES - Repeals and adds to existing law to provide court fees and to provide for distribution of the fees. 01/18 House intro - 1st rdg - to printing 01/21 Rpt prt - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 368 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO COURT FEES; REPEALING SECTION 31-3201A, IDAHO CODE, RELATING TO 3 COURT FEES; AMENDING CHAPTER 32, TITLE 31, IDAHO CODE, BY THE ADDITION OF 4 A NEW SECTION 31-3201A, IDAHO CODE, TO PROVIDE FOR COURT FEES AND FEE DIS- 5 TRIBUTION; AND AMENDING SECTION 18-918, IDAHO CODE, TO PROVIDE A CORRECT 6 CODE REFERENCE. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 31-3201A, Idaho Code, be, and the same is hereby 9 repealed. 10 SECTION 2. That Chapter 32, Title 31, Idaho Code, be, and the same is 11 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 12 ignated as Section 31-3201A, Idaho Code, and to read as follows: 13 31-3201A. COURT FEES. The clerk of the district court shall charge, 14 demand and receive the following fees for services rendered in discharging the 15 duties imposed by law upon the clerk. 16 (1) Divorce. A fee of one hundred twenty-nine dollars ($129) shall be 17 paid for filing a case of divorce. The filing fee shall be paid to the county 18 treasurer who shall distribute the money as follows: ten dollars ($10.00) 19 shall be deposited in the county court facilities fund pursuant to section 20 31-3201, Idaho Code; one dollar ($1.00) shall be forwarded to the state regis- 21 trar pursuant to section 39-266, Idaho Code; twenty-two dollars ($22.00) shall 22 be deposited in the district court fund of the county, of which five dollars 23 ($5.00) shall be separately identified and used exclusively for the purpose of 24 establishing a uniform system of qualifying and approving persons, agencies or 25 organizations to conduct evaluations of persons convicted of domestic assault 26 or battery as provided in section 18-918, Idaho Code, and the administration 27 of section 18-918(7), Idaho Code, relating to the evaluation and counseling or 28 other treatment of such persons, including the payment of the costs of evalu- 29 ating and counseling or other treatment of an indigent defendant, but no pro- 30 vision of chapter 52, title 39, Idaho Code, shall apply to these moneys; and 31 ninety-six dollars ($96.00) shall be sent to the state treasurer within five 32 (5) days after the end of the month. The state treasurer shall distribute this 33 money as follows: ten dollars ($10.00) shall be deposited into the ISTARS 34 technology fund; twelve dollars ($12.00) shall be deposited in accordance with 35 subsection (19) of this section; six dollars ($6.00) shall be deposited into 36 the senior magistrate judges fund; ten dollars ($10.00) shall be deposited 37 into the code fund pursuant to section 73-213, Idaho Code; eighteen dollars 38 ($18.00) shall be deposited into the judges' retirement fund pursuant to sec- 39 tion 1-2003, Idaho Code; twenty dollars ($20.00) shall be deposited into the 40 displaced homemaker account pursuant to section 39-5009, Idaho Code; and 41 twenty dollars ($20.00) shall be credited to the domestic violence project 42 account pursuant to section 39-5213, Idaho Code. 2 1 (2) Small claims. A fee of fifty-one dollars ($51.00) shall be paid for 2 filing a case in small claims department. The filing fee shall be paid to the 3 county treasurer who shall distribute the money as follows: seven dollars 4 ($7.00) shall be deposited into the district court fund of the court; ten dol- 5 lars ($10.00) shall be deposited into the county court facilities fund pursu- 6 ant to section 31-3201, Idaho Code; and thirty-four dollars ($34.00) shall be 7 sent to the state treasurer within five (5) days after the end of the month. 8 The state treasurer shall distribute this money as follows: ten dollars 9 ($10.00) shall be deposited into the ISTARS technology fund; six dollars 10 ($6.00) shall be deposited into the senior magistrate judges fund; and eigh- 11 teen dollars ($18.00) shall be deposited into the judges' retirement fund pur- 12 suant to section 1-2003, Idaho Code. 13 (3) Summary administration of small estates. A fee of forty dollars 14 ($40.00) shall be paid for cases to be administered under the summary adminis- 15 tration of small estates and proceedings to determine heirship without admin- 16 istration. The filing fee shall be paid to the county treasurer who shall dis- 17 tribute the money as follows: four dollars ($4.00) shall be deposited into the 18 district court fund of the court; ten dollars ($10.00) shall be deposited into 19 the county court facilities fund pursuant to section 31-3201, Idaho Code; and 20 twenty-six dollars ($26.00) shall be sent to the state treasurer within five 21 (5) days after the end of the month. The state treasurer shall distribute this 22 money as follows: ten dollars ($10.00) shall be deposited into the ISTARS 23 technology fund; six dollars ($6.00) shall be deposited into the senior magis- 24 trate judges fund; and ten dollars ($10.00) shall be deposited in accordance 25 with subsection (19) of this section. 26 (4) Petition for release of nonconsensual common law lien. A fee of 27 thirty-five dollars ($35.00) shall be paid for filing a petition for release 28 of a nonconsensual common law lien pursuant to section 45-1703, Idaho Code. 29 The filing fee shall be paid to the county treasurer who shall deposit the 30 money into the district court fund of the county. 31 (5) Petition for entry of judgment on worker's compensation award. A fee 32 of fifty-three dollars ($53.00) shall be paid for filing a petition pursuant 33 to section 72-735, Idaho Code, seeking enforcement of an award under the wor- 34 ker's compensation laws. The filing fee shall be paid to the county treasurer 35 who shall distribute the money as follows: nine dollars ($9.00) shall be 36 deposited into the district court fund of the county; ten dollars ($10.00) 37 shall be deposited into the county court facilities fund pursuant to section 38 31-3201, Idaho Code; and thirty-four dollars ($34.00) shall be sent to the 39 state treasurer within five (5) days after the end of the month. The state 40 treasurer shall distribute this money as follows: six dollars ($6.00) shall be 41 deposited into the senior magistrate judges fund; ten dollars ($10.00) shall 42 be deposited into the code fund pursuant to section 73-213, Idaho Code; and 43 eighteen dollars ($18.00) shall be deposited into the judges' retirement fund 44 pursuant to section 1-2003, Idaho Code. 45 (6) Proceedings for habeas corpus by a nonprisoner. A fee of fifty-four 46 dollars ($54.00) shall be paid by a party, who is not a prisoner, filing a 47 petition for habeas corpus. The filing fee shall be paid to the county trea- 48 surer who shall distribute the money as follows: ten dollars ($10.00) shall 49 be deposited into the county court facilities fund pursuant to section 50 31-3201, Idaho Code; and forty-four dollars ($44.00) shall be sent to the 51 state treasurer within five (5) days after the end of the month. The state 52 treasurer shall distribute this money as follows: ten dollars ($10.00) shall 53 be deposited into the ISTARS technology fund; ten dollars ($10.00) shall be 54 deposited into the code fund pursuant to section 73-213, Idaho Code; six dol- 55 lars ($6.00) shall be deposited into the senior magistrate judges fund; and 3 1 eighteen dollars ($18.00) shall be deposited into the judges' retirement fund 2 pursuant to section 1-2003, Idaho Code. 3 (7) No filing fee. No filing fee shall be charged for the following: 4 (a) Case brought under chapter 3, title 66, Idaho Code, for commitment of 5 mentally ill persons; 6 (b) Case brought under the juvenile corrections act; 7 (c) Case brought under the child protective act; 8 (d) Demand for bond before personal representative is appointed in pro- 9 bate; 10 (e) Petition for sterilization; 11 (f) Petition for judicial consent to abortion; 12 (g) Registration of trusts and renunciations; 13 (h) Petition for leave to compromise the disputed claim of a minor; 14 (i) Petition for a civil protection order or to enforce a foreign civil 15 protection order pursuant to chapter 63, title 39, Idaho Code; 16 (j) Objection to appointment of guardian filed by a minor or incapaci- 17 tated person; 18 (k) Proceedings to suspend a license for nonpayment of child support pur- 19 suant to section 7-1405, Idaho Code; 20 (l) Proceedings under the uniform post-conviction procedure act; 21 (m) Stipulation for entry of judgment; 22 (n) Filing of a custody decree from another state; 23 (o) Filing any answer after an initial appearance fee has been paid; and 24 (p) Criminal appeals. 25 (8) Other civil cases. A fee of eighty-eight dollars ($88.00) shall be 26 paid for filing a civil case of any type in the district court or in the 27 magistrate's division of the district court, except for cases listed in sub- 28 sections (1) through (7) of this section. The filing fee shall be paid to the 29 county treasurer who shall distribute the money as follows: seventeen dollars 30 ($17.00) shall be deposited into the district court fund of the county; ten 31 dollars ($10.00) shall be deposited into the county court facilities fund pur- 32 suant to section 31-3201, Idaho Code; and sixty-one dollars ($61.00) shall be 33 sent to the state treasurer within five (5) days after the end of the month. 34 The state treasurer shall distribute this money as follows: ten dollars 35 ($10.00) shall be deposited into the ISTARS technology fund; seventeen dollars 36 ($17.00) shall be deposited in accordance with subsection (19) of this sec- 37 tion; six dollars ($6.00) shall be deposited into the senior magistrate judges 38 fund; ten dollars ($10.00) shall be deposited into the code fund pursuant to 39 section 73-213, Idaho Code; and eighteen dollars ($18.00) shall be deposited 40 into the judges' retirement fund pursuant to section 1-2003, Idaho Code. 41 (9) Felonies and misdemeanors. A fee of seventeen dollars and fifty cents 42 ($17.50) shall be paid, but not in advance, by each person found guilty of any 43 felony or misdemeanor, except when the court orders such fee waived because 44 the person is indigent and unable to pay such fee. If the magistrate court 45 facilities are provided by the county, five dollars ($5.00) of such fee shall 46 be paid to the county treasurer for deposit in the district court fund of the 47 county; and twelve dollars and fifty cents ($12.50) of such fee shall be paid 48 to the county treasurer who shall pay such fees to the state treasurer for 49 deposit in accordance with subsection (19) of this section. If the magistrate 50 court facilities are provided by a city, five dollars ($5.00) of such fee 51 shall be paid to the city treasurer for deposit in the city general fund; two 52 dollars and fifty cents ($2.50) of such fee shall be paid to the city trea- 53 surer for deposit in the city capital facilities fund for the construction, 54 remodeling and support of magistrate court facilities; and ten dollars 55 ($10.00) of such fee shall be paid to the county treasurer who shall pay such 4 1 fees to the state treasurer for deposit in accordance with subsection (19) of 2 this section. 3 (10) Infractions. A fee of sixteen dollars and fifty cents ($16.50) shall 4 be paid, but not in advance, by each person found to have committed an infrac- 5 tion or any minor traffic, conservation or ordinance violation; provided, that 6 the judge or magistrate may, in his or her discretion, consolidate separate 7 nonmoving traffic offenses into one (1) offense for purposes of assessing such 8 fee. If the magistrate court facilities are provided by the county, five dol- 9 lars ($5.00) of such fee shall be paid to the county treasurer for deposit in 10 the district court fund of the county; and eleven dollars and fifty cents 11 ($11.50) of such fee shall be paid to the county treasurer, who shall pay such 12 fees to the state treasurer for deposit in accordance with subsection (19) of 13 this section. If the magistrate court facilities are provided by a city, five 14 dollars ($5.00) of such fee shall be paid to the city treasurer for deposit in 15 the city general fund; two dollars and fifty cents ($2.50) of such fee shall 16 be paid to the city treasurer for deposit into the city capital facilities 17 fund for the construction, remodeling and support of magistrate court facili- 18 ties; and nine dollars ($9.00) of such fee shall be paid to the county trea- 19 surer who shall pay such fees to the state treasurer for deposit in accordance 20 with subsection (19) of this section. 21 (11) Initial appearance. A fee of fifty-eight dollars ($58.00) shall be 22 paid for any filing constituting the initial appearance by any party, except 23 the plaintiff, in any civil action in the district court or in the 24 magistrate's division of the district court, except small claims. The filing 25 fee shall be paid to the county treasurer who shall distribute the money as 26 follows: four dollars ($4.00) shall be deposited into the district court fund 27 of the county; and fifty-four dollars ($54.00) shall be sent to the state 28 treasurer within five (5) days after the end of the month. The state treasurer 29 shall distribute this money as follows: ten dollars ($10.00) shall be depos- 30 ited into the ISTARS technology fund; ten dollars ($10.00) shall be deposited 31 in accordance with subsection (19) of this section; six dollars ($6.00) shall 32 be deposited into the senior magistrate judges fund, ten dollars ($10.00) 33 shall be deposited into the code fund pursuant to section 73-213, Idaho Code; 34 and eighteen dollars ($18.00) shall be deposited into the judges' retirement 35 fund pursuant to section 1-2003, Idaho Code. 36 (12) Accountings. A fee of nine dollars ($9.00) shall be paid by the per- 37 son or persons required to make an account pursuant to chapter 5, title 15, 38 Idaho Code, at the time such account is filed. All of such fee shall be paid 39 to the county treasurer for deposit into the district court fund of the 40 county. 41 (13) Distribution of estate. A fee of twenty-five dollars ($25.00) shall 42 be paid, upon the filing of the executor or administrator of any person inter- 43 ested in an estate for the distribution of such estate, to the county trea- 44 surer to be distributed as follows: six dollars ($6.00) shall be deposited 45 into the district court fund of the county; and nineteen dollars ($19.00) 46 shall be sent to the state treasurer within five (5) days after the end of the 47 month. The state treasurer shall distribute this money as follows: thirteen 48 dollars ($13.00) shall be deposited in accordance with subsection (19) of this 49 section; and six dollars ($6.00) shall be deposited into the senior magistrate 50 judges fund. 51 (14) Third party claim, cross-claim, counterclaim. In addition to any fee 52 paid for initiating a case as a plaintiff or for otherwise appearing in a 53 case, a fee of fifteen dollars ($15.00) shall be paid by any party filing a 54 third party claim, cross-claim, or counterclaim. The filing fee shall be paid 55 to the county treasurer who shall distribute the money as follows: nine dol- 5 1 lars ($9.00) shall be deposited into the district court fund of the county; 2 and six dollars ($6.00) shall be sent to the state treasurer within five (5) 3 days after the end of the month. The state treasurer shall deposit the six 4 dollars ($6.00) into the senior magistrate judges fund. 5 (15) Reopening a case. A fee of sixty-three dollars ($63.00) shall also be 6 paid by any party appearing after judgment or applying to reopen a case, other 7 than divorce, when there has been no activity for one (1) year after entry of 8 judgment. The filing fee shall be paid to the county treasurer who shall dis- 9 tribute the money as follows: nine dollars ($9.00) shall be paid into the dis- 10 trict court fund of the county; ten dollars ($10.00) shall be deposited into 11 the county court facilities fund pursuant to section 31-3201, Idaho Code; and 12 forty-four dollars ($44.00) shall be sent to the state treasurer within five 13 (5) days after the end of the month. The state treasurer shall distribute this 14 money as follows: ten dollars ($10.00) shall be deposited into the ISTARS 15 technology fund; six dollars ($6.00) shall be deposited into the senior magis- 16 trate judges fund; ten dollars ($10.00) shall be deposited into the code fund 17 pursuant to section 73-213, Idaho Code; and eighteen dollars ($18.00) shall be 18 deposited into the judges' retirement fund pursuant to section 1-2003, Idaho 19 Code. In addition to the fee of sixty-three dollars ($63.00) set forth above, 20 twenty-three dollars ($23.00) shall be paid by a party applying to reopen a 21 divorce action or modify a divorce decree when there has been no activity for 22 one (1) year after entry of judgment, which shall be paid to the county trea- 23 surer who shall distribute the money as follows: eight dollars ($8.00) shall 24 be paid to the district court fund of the county; and fifteen dollars ($15.00) 25 shall be sent to the state treasurer within five (5) days after the end of the 26 month, which the state treasurer shall deposit in accordance with subsection 27 (19) of this section. 28 (16) Change of venue. A fee of fifteen dollars ($15.00) shall be paid by a 29 party initiating a change of venue. Such fee shall be paid to the clerk of the 30 court of the county to which venue is changed. All of such fee shall be paid 31 to the county treasurer for deposit into the district court fund of the 32 county. 33 (17) Appeals to district court. A fee of fifty-three dollars ($53.00) 34 shall be paid for taking an appeal from the small claims department to the 35 magistrate's division or from the magistrate's division to the district court. 36 The filing fee shall be paid to the county treasurer who shall distribute the 37 money as follows: nine dollars ($9.00) shall be deposited into the district 38 court fund of the county; ten dollars ($10.00) shall be deposited into the 39 county court facilities fund pursuant to section 31-3201, Idaho Code; and 40 thirty-four dollars ($34.00) shall be sent to the state treasurer within five 41 (5) days after the end of the month. The state treasurer shall distribute this 42 money as follows: six dollars ($6.00) shall be deposited into the senior mag- 43 istrate judges fund; ten dollars ($10.00) shall be deposited into the code 44 fund pursuant to section 73-213, Idaho Code; and eighteen dollars ($18.00) 45 shall be deposited into the judges' retirement fund pursuant to section 46 1-2003, Idaho Code. 47 (18) Civil appeals to supreme court. A fee of one hundred one dollars 48 ($101) shall be paid by a party taking an appeal from the district court to 49 the supreme court. The filing fee shall be paid to the county treasurer who 50 shall distribute the money as follows: nine dollars ($9.00) shall be depos- 51 ited into the district court fund of the county; eighty-six dollars ($86.00) 52 shall be sent to the Idaho supreme court; and six dollars ($6.00) shall be 53 sent to the state treasurer within five (5) days after the end of the month 54 for deposit into the senior magistrate judges fund. 55 (19) Apportionment of state fees. That portion of the filing fees required 6 1 to be remitted to the state treasurer for deposit pursuant to subsections (1), 2 (3), (8), (9), (10), (11), (13) and (15) of this section shall be apportioned 3 eighty-six percent (86%) to the state general fund and fourteen percent (14%) 4 to the peace officers standards and training fund authorized in section 5 19-5116, Idaho Code, within five (5) days after the end of the month in which 6 such fees were remitted to the county treasurer. That portion of the filing 7 fees required to be remitted to a city treasurer for deposit in the city's 8 general fund shall be remitted within five (5) days after the end of the month 9 in which such fees were remitted to the county treasurer. 10 (20) Persons authorized to collect fees. All fees required to be paid by 11 this section or by rule or administrative order of the supreme court shall be 12 collected by the clerk of the district court or by a person appointed by the 13 clerk of the district court for this purpose. If it appears that there is a 14 necessity for such fees to be collected by persons other than the clerk of the 15 district court or a person designated by the clerk for such purpose, the 16 supreme court, by rule or administrative order, may provide for the designa- 17 tion of persons authorized to receive such fees. Persons so designated shall 18 account for such fees in the same manner required of the clerk of the district 19 court and shall pay such fees to the clerk of the district court of the county 20 in which such fees are collected. 21 (21) Court facilities fund fee. In the event a county has not established 22 a court facilities fund, the ten dollar ($10.00) fee designated for this fund 23 shall be paid into the district court fund pursuant to section 31-3201, Idaho 24 Code. 25 (22) Fees set by rule. Fees not covered by this section shall be set by 26 rule or administrative order of the supreme court. 27 (23) Duties of clerk. In consideration of the aforesaid fees, the clerk of 28 the district court shall be required to perform all lawful service that may be 29 required of him by any party thereto; provided, that he shall not prepare and 30 furnish any certified copy of any file or record in an action except printed 31 transcript on appeal, without additional compensation as provided by law. 32 (24) Additional fees in guardianship and conservatorship proceedings. 33 Nothing herein shall be construed to repeal the additional fees set forth in 34 section 31-3201G, Idaho Code. 35 SECTION 3. That Section 18-918, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 18-918. DOMESTIC VIOLENCE. (1) For the purpose of this section: 38 (a) "Household member" means a person who is a spouse, former spouse, or 39 a person who has a child in common regardless of whether they have been 40 married or a person with whom a person is cohabiting, whether or not they 41 have married or have held themselves out to be husband or wife. 42 (b) "Traumatic injury" means a condition of the body, such as a wound or 43 external or internal injury, whether of a minor or serious nature, caused 44 by physical force. 45 (2) (a) Any household member who in committing a battery, as defined in 46 section 18-903, Idaho Code, inflicts a traumatic injury upon any other 47 household member is guilty of a felony. 48 (b) A conviction of felony domestic battery is punishable by imprisonment 49 in the state prison for a term not to exceed ten (10) years or by a fine 50 not to exceed ten thousand dollars ($10,000) or by both fine and imprison- 51 ment. 52 (3) (a) A household member who commits an assault, as defined in section 53 18-901, Idaho Code, against another household member which does not result 7 1 in traumatic injury is guilty of a misdemeanor domestic assault. 2 (b) A household member who commits a battery, as defined in section 3 18-903, Idaho Code, against another household member which does not result 4 in traumatic injury is guilty of a misdemeanor domestic battery. 5 (c) A first conviction under this subsection (3) is punishable by a fine 6 not exceeding one thousand dollars ($1,000) or by imprisonment in a county 7 jail not to exceed six (6) months, or both. Any person who pleads guilty 8 to or is found guilty of a violation of this subsection (3) who previously 9 has pled guilty to or been found guilty of a violation of this subsection 10 (3), or of any substantially conforming foreign criminal violation, not- 11 withstanding the form of the judgment or withheld judgment, within ten 12 (10) years of the first conviction, shall be guilty of a misdemeanor and 13 shall be punished by imprisonment in the county jail for a term not to 14 exceed one (1) year or by a fine not exceeding two thousand dollars 15 ($2,000) or by both fine and imprisonment. Any person who pleads guilty to 16 or is found guilty of a violation of this subsection (3) who previously 17 has pled guilty to or been found guilty of two (2) violations of this sub- 18 section (3), or of any substantially conforming foreign criminal violation 19 or any combination thereof, notwithstanding the form of the judgment or 20 withheld judgment, within fifteen (15) years of the first conviction, 21 shall be guilty of a felony and shall be punished by imprisonment in the 22 state prison for a term not to exceed five (5) years or by a fine not to 23 exceed five thousand dollars ($5,000) or by both fine and imprisonment. 24 (4) The maximum penalties provided in this section shall be doubled where 25 the act of domestic assault or battery for which the person is convicted or 26 pleads guilty took place in the presence of a child. For purposes of this sec- 27 tion, "in the presence of a child" means in the physical presence of a child 28 or knowing that a child is present and may see or hear an act of domestic 29 assault or battery. For purposes of this section, "child" means a person under 30 sixteen (16) years of age. 31 (5) Notwithstanding any other provisions of this section, any person who 32 previously has pled guilty to or been found guilty of a felony violation of 33 the provisions of this section or of any substantially conforming foreign 34 criminal felony violation, notwithstanding the form of the judgment or with- 35 held judgment, and who within fifteen (15) years pleads guilty to or is found 36 guilty of any further violation of this section, shall be guilty of a felony 37 and shall be punished by imprisonment in the state prison for a term not to 38 exceed ten (10) years or by a fine not to exceed ten thousand dollars 39 ($10,000), or by both such fine and imprisonment. 40 (6) For the purposes of this section, a substantially conforming foreign 41 criminal violation exists when a person has pled guilty to or been found 42 guilty of a violation of any federal law or law of another state, or any valid 43 county, city or town ordinance of another state, substantially conforming with 44 the provisions of this section. The determination of whether a foreign crimi- 45 nal violation is substantially conforming is a question of law to be deter- 46 mined by the court. 47 (7) (a) Any person who pleads guilty to or is found guilty of a violation 48 of this section shall undergo, at the person's own expense, an evaluation 49 by a person, agency or organization approved by the court in accordance 50 with paragraph (c) of this subsection to determine whether the defendant 51 should be required to obtain aggression counseling or other appropriate 52 treatment. Such evaluation shall be completed prior to the sentencing date 53 if the court's list of approved evaluators, in accordance with paragraph 54 (c) of this subsection, contains evaluators who are able to perform the 55 evaluation prior to the sentencing dates. If the evaluation recommends 8 1 counseling or other treatment, the evaluation shall recommend the type of 2 counseling or treatment considered appropriate for the defendant, together 3 with the estimated costs thereof, and shall recommend any other suitable 4 alternative counseling or treatment programs, together with the estimated 5 costs thereof. The defendant shall request that a copy of the completed 6 evaluation be forwarded to the court. The court shall take the evaluation 7 into consideration in determining an appropriate sentence. If a copy of 8 the completed evaluation has not been provided to the court, the court may 9 proceed to sentence the defendant; however, in such event, it shall be 10 presumed that counseling is required unless the defendant makes a showing 11 by a preponderance of evidence that counseling is not required. If the 12 defendant has not made a good faith effort to provide the completed copy 13 of the evaluation to the court, the court may consider the failure of the 14 defendant to provide the report as an aggravating circumstance in deter- 15 mining an appropriate sentence. If counseling or other treatment is 16 ordered, in no event shall the person, agency or organization doing the 17 evaluation be the person, agency or organization that provides the coun- 18 seling or other treatment unless this requirement is waived by the sen- 19 tencing court, with the exception of federally recognized Indian tribes or 20 federal military installations, where diagnosis and treatment are appro- 21 priate and available. Nothing herein contained shall preclude the use of 22 funds authorized for court-ordered counseling or treatment pursuant to 23 this section for indigent defendants as provided by law. In the event that 24 funding is provided for or on behalf of the defendant by a governmental 25 entity, the defendant shall be ordered to make restitution to such govern- 26 mental entity in accordance with the restitution procedure for crime vic- 27 tims, as specified under chapter 53, title 19, Idaho Code. 28 (b) If the evaluation recommends counseling or other treatment, the court 29 shall order the person to complete the counseling or other treatment in 30 addition to any other sentence which may be imposed. If the court deter- 31 mines that counseling or treatment would be inappropriate or undesirable, 32 the court shall enter findings articulating the reasons for such determi- 33 nation on the record. The court shall order the defendant to complete the 34 preferred counseling or treatment program set forth in the evaluation, or 35 a comparable alternative, unless it appears that the defendant cannot rea- 36 sonably obtain adequate financial resources for such counseling or treat- 37 ment. In that event, the court may order the defendant to complete a less 38 costly alternative set forth in the evaluation or a comparable program. 39 Nothing contained in this subsection shall be construed as requiring a 40 court to order that counseling or treatment be provided at government 41 expense unless otherwise required by law. 42 (c) Each judicial district shall by rule establish a uniform system for 43 the qualification and approval of persons, agencies or organizations to 44 perform the evaluations required in this subsection. Only qualified 45 evaluators approved by the court shall be authorized to perform such eval- 46 uations. Funds to establish a system for approval of evaluators shall be 47 derived from moneys designated therefor and deposited in the district 48 court fund as provided in section 31-3201A(q), Idaho Code. 49 (d) Counseling or treatment ordered pursuant to this section shall be 50 conducted according to standards established or approved by the Idaho 51 council on domestic violence.
STATEMENT OF PURPOSE
RS 17495
This bill would repeal the existing Idaho Code 31-
3201A and enact a new statute in its place that would more
accurately reflect the filing fees in civil cases.
Currently, several fees are set forth in other sections of
the Idaho Code that are not reflected in Idaho Code 31-
3201A. The new statute would incorporate those fees to
reflect the exact total fee that is to be charged for each
filing in a civil case, eliminating much of the confusion
now encountered by court clerks, attorneys and litigants.
In addition, the bill eliminates several of the distinctions
between filing fees for different types of civil cases. The
bill adds the $10 ISTARS fee and the $6 Senior Magistrate
Judges Fund fee to the filing fee for small claims cases.
Further, the bill clarifies that where several defendants
make their initial appearance in a civil case in the same
filing, only one initial appearance fee is paid for the
filing, rather than one fee for each defendant.
FISCAL NOTE
Based on data from calendar year 2006, the following
funds would receive approximately the following additional
amounts annually from the changes in fees:
Idaho Code Fund $ 60
Judges Retirement Fund $ 108
State General Fund $ 78,442
County District Court Funds $150,958
ISTARS Fund $196,260
Senior Magistrate Judge Fund $118,950
Contact Person:
Patricia Tobias
Administrative Director of the Courts
(208) 334-2246
STATEMENT OF PURPOSE/FISCAL NOTE H 368