Administrative Order 08-1: Misdemeanor Probation Services, Functions and Fees
This order is
entered in conformity with House Bill 408aa adopted in the 2008 Legislative Session
provisions of which require the Administrative District Judge to define the
functions of Misdemeanor Probation Services to be provided by the Boards of
County Commissioners in each county in the Third Judicial District and to set
the amount of the supervision fee to be collected for those services. By this
order the Courts of this Judicial District shall work jointly with the Boards
of County Commissioners to cooperatively implement the legislative directives
and policies embodied in House Bill 408aa.
I. Misdemeanor
Probation Services: Functions
The Court reserves
entering an order regarding misdemeanor probation service functions pending
recommendations from the newly-created Misdemeanor Probation Oversight
Committee to be drafted by December 31, 2008.
II. Misdemeanor
Probation Fee
Consistent with
House Bill 408aa and I.C. section 31-878, as amended, it is ordered that a
monthly misdemeanor probation supervision fee shall be collected in an amount
not to exceed $50.00 per month to be set by each Board of County Commissioners
in the district. This amount shall be collected on all misdemeanor probation
supervision fees collected after July 1, 2008 regardless of whether the
underlying judgment of conviction, withheld judgment or order imposing probation
was entered before or after that date, as required by the statute, as amended.
The first one
dollar ($1.00) of each monthly payment shall be collected by the Clerk of the
District Court through ISTARS and remitted to the State Treasurer for deposit
in the peace officers’ standards and training fund and continuing
education of misdemeanor probation officers. The balance of this monthly fee
shall be deposited into the county misdemeanor probation fund or in the county
justice fund, as determined by the respective Boards of County Commissioners,
to be used for the purposes set forth in this order and set out in House Bill
408.
It is so Ordered.
Dated this 24th day of July, 2008.
Signed by Gregory
M. Culet, Administrative District Judge
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