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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