Costs, Fees, and Other Monetary Obligations

Similar documents
10/31/2016. The Rise of Criminal Court User Fees in North Carolina

Special Topic Seminar for District Court Judges February 2012 JUSTICE REINVESTMENT EXERCISES. Answers and Explanations

SENTENCING IN SUPERIOR COURT. Jamie Markham (919) STEPS FOR SENTENCING A FELONY UNDER STRUCTURED SENTENCING

Probation Reform Common Sentencing Errors

DRAFT PROBATION VIOLATIONS. James M. Markham April 2013

Overview. Justice Reinvestment: Big Picture 1/26/18

Objectives. A very brief history 1/26/18. Jamie Markham. Grid fluency Handbook and form familiarity Avoid common errors

7A-304. Costs in criminal actions.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 HOUSE BILL 494 RATIFIED BILL

MANUAL - CHAPTER 15 SENTENCING. Before you accept a guilty plea or start a criminal trial, you should know and follow URPJC 3.08

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2007 SESSION LAW HOUSE BILL 1003

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 SESSION LAW HOUSE BILL 49

MISDEMEANOR SENTENCING STEPS FOR SENTENCING A MISDEMEANOR UNDER STRUCTURED SENTENCING

MEMORANDUM (via ) Changes to DWI Seizure and Felony Speeding Elude Seizure Laws

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2013 SESSION LAW HOUSE BILL 656

NC General Statutes - Chapter 15A Article 91 1

NC General Statutes - Chapter 15A Article 46 1

Session of HOUSE BILL No By Committee on Corrections and Juvenile Justice 1-18

New Felony Defender Training: SENTENCING IN SUPERIOR COURT

Case 8:07-cr AG Document 141 Filed 01/11/11 Page 1 of 6 Page ID #:2159. United States District Court Central District of California

June Court Costs and Fines in Criminal Cases. Agenda. National Overview of Criminal Justice Debt

SUPERIOR AND DISTRICT COURT DIVISIONS ADMINISTRATIVE ORDER

SUPCR 1104 FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM. (Vehicle Code 23152)

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs March 25, 2008

TYPE OF OFFENSE(S) AND SECTION NUMBER(S) LIST OFFENSE(S), CASE NUMBER(S) AND DATE(S) 3. CASE NUMBER(S) AND DATE(S)

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE VEHICLE CODE MISDEMEANOR GUILTY PLEA FORM. 1. My true full name is

COMMON ISSUES IN PROBATION REVOCATION APPEALS

Case 8:16-cr JLS Document 59 Filed 05/04/18 Page 1 of 6 Page ID #:269 United States District Court Central District of California

A CITIZEN S GUIDE TO STRUCTURED SENTENCING

NC General Statutes - Chapter 15A Article 85 1

Case 2:08-cr DDP Document 37 Filed 10/19/2009 Page 1 of 5. United States District Court Central District of California

Conditions of probation; evaluation and treatment; fees; effect of failure to abide by conditions; modification.

Felony Offenses Committed on or after October 1, 2013

SUPCR 1106 FOR COURT USE ONLY

Part 1 Rules for the Continued Delivery of Services in Non- Capital Criminal and Non-Criminal Cases at the Trial Level

For An Act To Be Entitled

Chapter 4 Conviction and Sentence for Immigration Purposes

COURT COSTS AND FEES CHART

Case 8:07-cr CJC Document 50 Filed 12/18/12 Page 1 of 5 Page ID #:213. United States District Court Central District of California

The Simple Yet Confusing Matter of Sentencing (1 hour) Gary M. Gavenus Materials

EXTRADITION AND THE INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION Advanced Criminal Procedure for Magistrates

Case 8:15-cr JLS Document 59 Filed 03/09/18 Page 1 of 6 Page ID #:300 United States District Court Central District of California

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT COUNTY, ILLINOIS. PEOPLE OF THE STATE OF ILLINOIS ) ) v. ) Case No. ) ) ) ) Defendant )

FLORIDA STATUTES ANNOTATED TITLE 46. CRIMES CHAPTER 775. DEFINITIONS; GENERAL PENALTIES; REGISTRATION OF CRIMINALS (2010)

Sentencing, Corrections, Prisons, and Jails

NO. VS. COURT OF TEXAS

GENERAL ASSEMBLY OF NORTH CAROLINA 1995 SESSION CHAPTER 545 SENATE BILL 53

CHAPTER Senate Bill No. 388

HOUSE BILL No As Amended by House Committee

Office Of The District Attorney

NC General Statutes - Chapter 15A Article 82 1

NC General Statutes - Chapter 7A Article 28 1

Department of Corrections

SENATE BILL NO. 34 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FIRST LEGISLATURE - FIRST SESSION A BILL FOR AN ACT ENTITLED

I. Setting Conditions of Release A. New Rebuttable Presumption Against Release - Firearm Offenses

6-1 CHAPTER 6 MAGISTRATE (F) MAGISTRATE COURT ESTABLISHED: JURISDICTION

ARTICLE 11A. VICTIM PROTECTION ACT OF 1984.

A CITIZEN S GUIDE TO STRUCTURED SENTENCING

NC General Statutes - Chapter 5A 1

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE. JUDGMENT IN A CRIMINAL CASE (For Offenses Committed On or After November 1, 1987)

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 SESSION LAW HOUSE BILL 642

CRIMINAL JURISDICTION OF SUPERIOR COURT

Case: 4:07-cr RGK-RGK Document #: 176 Date Filed: 08/21/09 Page 1 of 5 UNITED STATES DISTRICT COURT DISTRICT OF NEBRASKA

Case 2:13-cr TJH Document 59 Filed 03/17/15 Page 1 of 5 Page ID #:280. United States District Court Central District of California

CAUSE NO CR THE COURT OF APPEALS FOR THE FIFTH JUDICIAL DISTRICT AT DALLAS, TEXAS KIMBERLY SHERVON GARRETT, APPELLANT,

Effective Dates For most provisions: June 8, 2011 Delayed effective dates for some provisions (noted later)

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

BLUE RIDGE JUDICIAL CIRCUIT PRETRIAL DIVERSION PROGRAM

DESCHUTES COUNTY ADULT JAIL L. Shane Nelson, Sheriff Jail Operations Approved by: March 10, 2016 TIME COMPUTATION

CAUSE NUMBER 00 THE STATE OF TEXAS IN THE COUNTY CRIMINAL V. COURT AT LAW NUMBER 00 DEFENDANT OF HARRIS COUNTY, TEXAS

REVISOR XX/BR

2. FELONY AND MISDEMEANOR RULES

Chapter 813 Driving Under the Influence of Intoxicants 2003 EDITION Driving under the influence of intoxicants; penalty

The court process CONSUMER GUIDE. How the criminal justice system works. FROM ATTORNEY GENERAL JEREMIAH W. (JAY) NIXON

NORTH CAROLINA. SENTENCING HANDBOOK with Felony, Misdemeanor, and DWI Sentencing Grids

ILLINOIS. Illinois Compiled Statutes Chapter /5(h)

AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

PART 6 COURT CHAPTER 1 MUNICIPAL COURT

LIST OFFENSE(S), CASE NUMBER(S) AND DATE(S)

Second Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED SENATE SPONSORSHIP

STATUTES / RULES OF CRIMINAL PROCEDURE: Probation Revocations

IN THE COURT OF APPEALS OF INDIANA

GENERAL ASSEMBLY OF NORTH CAROLINA Session 2017 Legislative Incarceration Fiscal Note

Second Regular Session Seventy-first General Assembly STATE OF COLORADO INTRODUCED HOUSE SPONSORSHIP SENATE SPONSORSHIP

RULES OF TENNESSEE PRIVATE PROBATION SERVICES COUNCIL CHAPTER RULES OF PROFESSIONAL CONDUCT TABLE OF CONTENTS

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULE 3:21. SENTENCE AND JUDGMENT; WITHDRAWAL OF PLEA; PRESENTENCE INVESTIGATION; PROBATION

Texas Justice Court Judges Association Professional Development

Colorado Legislative Council Staff

United States District Court

SUPREME COURT OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

REPORT AND RECOMMENDATIONS RELATING TO MUNICIPAL COURTS

UNITED STATES DISTRICT COURT

Assembly Bill No. 25 Committee on Corrections, Parole, and Probation

Case 8:06-cr DOC Document 43 Filed 02/08/2008 Page 1 of 5. United States District Court Central District of California

SENATE BILL NO. 33 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FIRST LEGISLATURE - FIRST SESSION A BILL FOR AN ACT ENTITLED

Assembly Bill No. 510 Select Committee on Corrections, Parole, and Probation

GENERAL ASSEMBLY OF NORTH CAROLINA Session 2017 Legislative Incarceration Fiscal Note

Chapter 1 Pretrial Release

Transcription:

Costs, Fees, and Other Monetary Obligations Jamie Markham October 2014 Reporting on cost waivers. Section 15.10(b) of S.L. 2011 145 reads as rewritten: SECTION 15.10.(b) The Administrative Office of the Courts shall make the necessary modifications to its information systems to maintain records of all cases in which the judge makes a finding of just cause to grant a waiver of criminal court costs under G.S. 7A 304(a) and shall report on those waivers to the Joint Legislative Commission on Governmental Operations by October 1 Chairs of the Senate Appropriations Committee on Justice and Public Safety, the Chairs of the House Appropriations Subcommittee on Justice and Public Safety, and the Chairs of the Joint Legislative Oversight Committee on Justice and Public Safety by February 1 of each year. The report shall aggregate the waivers by the district in which the waiver or waivers were granted and by the name of each judge granting a waiver or waivers. S.L. 2014 100, Section 18B.2. No costs without conviction. In all criminal prosecutions, every person charged with crime has the right to be informed of the accusation and to confront the accusers and witnesses with other testimony, and to have counsel for defense, and not be compelled to give self incriminating evidence, or to pay costs, jail fees, or necessary witness fees of the defense, unless found guilty. N.C. Const. art. I, 23. Exclusivity of costs. The costs set forth in Article 28 of G.S. Chapter 7A are complete and exclusive, and in lieu of any other costs and fees. G.S. 7A 320. Collection priority. Under G.S. 7A 304(d)(1), unless otherwise ordered by the presiding judge, the clerk shall disburse payments in the following priority order: Restitution to the victim Costs due the county Costs due the city Fines to the county school fund Restitution to persons other than the victim Costs due the State Attorney fees 1

COSTS Description Waiver authority Response to noncompliance Civil obligation authority Costs listed in G.S. 7A 304 or incorporated into that section by reference Service of process Facilities Phone/Technology Misd. Confinement Fund LEO/Sheriff benefits LEO training/certification General Court of Justice Chapter 20 fee Improper equipment Pretrial services Failure to appear/comply Crime labs DNA databank Impaired driving Chemical/forensic analysis (does not cover fingerprint analysis, State v. Valazquez Perez, N.C. App. (2014)) Witness fees Blood tests for parentage Jail fees ($10/day; pretrial) Trial transcripts Installment fee Only upon entry of a written order, supported by findings of fact and conclusions of law, determining that there is just cause, the court may waive costs (or waive or reduce lab and analyst costs) assessed under G.S. 7A 304. G.S. 7A 304(a). It is error for the trial court to act under the impression that it lacks authority to waive costs. State v. Patterson, N.C. App. (2012). In all cases, the court, upon the motion of the prosecutor or upon its own motion, may require the defendant to appear and show cause why he should not be imprisoned for failing to pay costs. The defendant must be given notice and a hearing, including an opportunity to show a good faith inability to pay. G.S. 15A 1364; Fuller v. Oregon, 417 U.S. 40 (1974); State v. Crews, 28 N.C. 427 (1974). G.S. 15A 1345(e): When the violation alleged is the nonpayment of fine or costs, the issues and procedures at the hearing include those specified in G.S. 15A 1364 for response to nonpayment of fine. May be docketed as a civil judgment upon a finding of default. G.S. 15A 1365. In cases other than drug trafficking, no execution on judgment if the defendant serves the suspended sentence (or a term of 30 days if no suspended sentence was imposed). G.S. 15A 1365. 2

FEES Description Waiver authority Response to noncompliance Civil obligation authority Community Service Fee $250. G.S. 143B 708(c). None (although the fee is imposed only once per sentencing episode). Probation Supervision Fee $40/month. G.S. 15A 1343(c1). The court may exempt a person from paying the fee only for good cause and upon motion of the person placed on supervised probation. G.S. 15A 1343(c1). Electronic House Arrest (EHA) Fee Jail Fee (probationary) $90, plus actual daily cost ($4.37/day). $40/day of probationary (i.e., split sentence) jail confinement. G.S. 7A 313; State v. Rowe, N.C. App., 752 S.E.2d 223 (2013). The court may exempt a person from paying the fees only for good cause and upon motion of the person placed on house arrest with electronic monitoring. G.S. 15A 1343(c2). Unlike pretrial jail fees, probationary jail fees are optional and imposed at the discretion of the trial court. Attorney Fees As provided in G.S. 7A 455. If, in the opinion of the court, a person is able to pay a portion, but not all, of the value of legal services rendered, the court shall order the person to pay such portion. G.S. 7A 455(a). Attorney Appointment Fee $60. G.S. 7A 455.1. May not be remitted or revoked by the court and shall be added to attorney fees. G.S. 7A 455.1(b). 3 Collected in the same manner as attorney fees. In all cases the court shall direct that a judgment be entered, which shall constitute a lien. G.S. 7A 455(b). The order shall be docketed upon the later of (i) the date of conviction if not ordered as a condition of probation, or (ii) the date on which probation is terminated, revoked, or expired. G.S. 7A 455(c). Collected in the same manner as attorney fees.

FINES Description Waiver/Remission authority Response to noncompliance Civil obligation authority Unless otherwise provided for a specific offense: Felony: Court discretion Misdemeanor: - Class A1 & 1: court discretion - Class 2: $1,000 maximum - Class 3: $200 maximum A defendant ordered to pay a fine may, at any time, petition the sentencing court for a remission or revocation of the fine. The court may remit or revoke the fine in whole or in part if it appears that the circumstances which warranted the imposition of the fine no longer exists, that it would otherwise be unjust to require payment, or that the proper administration of justice requires resolution of the case. G.S. 15A 1363. In all cases, the court, upon the motion of the prosecutor or upon its own motion, may require the defendant to appear and show cause why he should not be imprisoned for failing to pay a fine. The defendant must be given notice and a hearing, including an opportunity to show a good faith inability to pay. G.S. 15A 1364; Fuller v. Oregon, 417 U.S. 40 (1974); State v. Crews, 28 N.C. 427 (1974). G.S. 15A 1345(e): When the violation alleged is the nonpayment of fine or costs, the issues and procedures at the hearing include those specified in G.S. 15A 1364 for response to nonpayment of fine. May be docketed as a civil judgment upon a finding of default. G.S. 15A 1365. In cases other than drug trafficking, no execution on judgment if the defendant serves the suspended sentence (or a term of 30 days if no suspended sentence was imposed). G.S. 15A 1365. 4

RESTITUTION Description Waiver/reduction authority Response to noncompliance Civil obligation authority The court must consider ordering restitution to a victim in every case. G.S. 15A 1340.34(a). The court shall order restitution to the victim of any offense covered under the Crime Victims Rights Act (CVRA). G.S. 15A 1340.34(b); 830(a)(7) (listing covered offenses). In determining the restitution amount, the court shall take into consideration the resources of the defendant, the defendant s ability to earn, the defendant s obligation to support dependents, and other matters that pertain to the defendant s ability to make restitution, but the court is not required to make findings of fact or conclusions of law on those matters. G.S. 15A 1340.36(a). Probation violation. Recommend payment out of work release earnings. G.S. 148 33.2. Recommend as a condition of post release supervision. G.S. 15A 1340.36(c); 148 57.1. Non CVRA cases. No authority to order restitution as a civil judgment. State v. Scott, 723 S.E.2d 173 (2012) (unpublished) ( Here, Defendant was not convicted of a crime which entitles a victim to restitution under the Crime Victims Rights Act.... Thus, we agree the trial court did not have authority pursuant to [G.S.] 15A 1340.38(b) to docket the restitution... as a civil judgment. ); State v. Hudgins, 215 N.C. App. 599 (2011) (unpublished) (same). CVRA cases. Orders over $250 shall be docketed and may be enforced in the same manner as a civil judgment. If sentence is probationary, judgment may not be executed on defendant s property until judge at termination or revocation hearing finds that restitution in sum certain remains due and payable. G.S. 15A 1340.38(c). Use AOC CR 612. 5