Administrative Order 12-5: Amending
Administrative Orders 2008-1 and 2009-4 Regarding Misdemeanor Probation Fees
Whereas,
Idaho Code section 31-878 requires the board of county commissioners of each
county to provide misdemeanor probation services using funds generated by fees
collected pursuant to Idaho Code section 31-3201D, together with any additional
funds appropriated by the board of county commissioners; and
Whereas,
pursuant to Chapter 73, section 1 of the 2011 Idaho Session Laws, effective
July 1, 2011, the fee that may be collected pursuant to Idaho Code section
31-3201 increased from fifty dollars ($50.00) to seventy-five dollars ($75.00)
per month, unless a lesser sum is established by the administrative judge of a
judicial district; and
Whereas, Administrative Orders 2008-1 and
2009-4 set the maximum fee for misdemeanor probation services in the Third
Judicial District at fifty dollars ($50.00) per month, the maximum fee
authorized by statute at the time such orders were entered; and
Whereas, the undersigned has determined that a
misdemeanor probation service fee in an amount less than that authorized by
Idaho Code section 31-3201D is not required in the Third Judicial District at
the present time, it is
Ordered
that, effective immediately, any person under a supervised probation program for
a misdemeanor offense in the Third Judicial District shall be required to pay an
amount not more than the maximum monthly felony probation or parole supervision
fee set forth in Idaho Code section 20-225 per month as a misdemeanor probation
supervision fee. Any failure to pay such fee shall constitute grounds for the
revocation of probation by the court, but this shall not be the exclusive
remedy for its collection. The court for good cause may exempt a person from
the payment of all or any part of the foregoing fee; and it is further,
Ordered that Administrative Orders 2008-1 and 2009-4 are amended
accordingly.
Dated this 30th day of May, 2012.
Signed
by Thomas J. Ryan , Administrative District Judge
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