| 1-B. Upon the request of the Department of Corrections, the |
court shall attach as a condition of probation that the convicted |
person pay, through the department, an electronic monitoring fee, |
a substance testing fee or both, as determined by the court, for |
the term of probation. In determining the amount of the fees, |
the court shall take into account the financial resources of the |
convicted person and the nature of the burden the payment |
imposes. A person may not be sentenced to imprisonment without |
probation solely for the reason the person is not able to pay the |
fees. When a person on probation fails to pay the fees, the |
court may revoke probation as specified in section 1206, unless |
the person shows that failure to pay was not attributable to a |
willful refusal to pay or to a failure on that person's part to |
make a good faith effort to obtain the funds required for the |
payment. The court, if it determines that revocation of |
probation is not warranted, shall issue a judgment for the total |
amount of the fees and shall issue an order attaching a specified |
portion of money received by or owed to the person on probation |
until the total amount of the fees has been paid. If the person |
makes this showing, the court may allow additional time for |
payment within the remaining period of probation or reduce the |
size of the fees, but may not revoke the requirement to pay the |
fees unless the remaining period of probation is 30 days or less. |
Fees received from probationers must be deposited into the |
department's Correctional Program Improvement Fund adult |
community corrections account, except that when authorized by the |
Department of Corrections, a person on probation may be required |
to pay fees directly to a provider of electronic monitoring, |
substance testing or other services. Funds from this account, |
which may not lapse, must be used to defray costs associated with |
the purchase and operation of electronic monitoring and substance |
testing programs. |