Administrative Order 09-4: 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 that the Administrative District Judge
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
Misdemeanor
probation services shall be provided to supervise misdemeanor offenders as ordered
by the court at sentencing. These services shall adequately carry out court
orders which may include fine, fee and restitution collection, insuring an
integrated team approach to rehabilitation and treatment services, meeting with
offenders, supervising punitive provisions ordered by the court including
community services, providing information for and reporting to the court, and
such other services consistent with the goals of criminal sentencing: the good
order and protection of the public, punishment, deterrence and rehabilitation.
These misdemeanor
services shall, as soon as practicable, be provided by trained misdemeanor
probation officers who shall be professionals providing active supervision of
misdemeanor offenders with the goal of the protection of the public,
rehabilitation of the offender and a reduction in the levels of incarceration
and recidivism in frequently high risk situations.
These misdemeanor
probation functions and other programs and services secured by the misdemeanor
probation officer shall, as soon as practicable, be provided and based upon
evidenced based practices in the field of probation services.
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
set by the respective Boards of County Commissioners in the Third Judicial
District in compliance with Administrative Order 2008-1. This amount shall be
collected on all misdemeanor probation 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 either the Clerk
of the District Court or the probation department and remitted by the Clerk to
the State Treasurer for deposit in the peace officers’ standards and
training fund for training 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 408aa.
It Is So Ordered.
Dated this 30th day of March, 2009.
Signed by Juneal C. Kerrick, Administrative
District Judge
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