LD 1709
pg. 2
Page 1 of 3 An Act To Provide for the Issuance of a Bench Warrant upon Failure To Appear fo... Page 3 of 3
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LR 2676
Item 1

 
5.__Default.__An offender who has been sentenced to pay a
reimbursement fee and who has defaulted in payment of the fee
must be returned to court for further disposition.

 
A probation officer who knows of a default in payment of a
reimbursement fee by an offender shall report the default to the
office of the attorney for the State.__An attorney for the State
who knows of a default in payment of a reimbursement fee by an
offender shall report the default to the court.__If the
reimbursement fee was a condition of probation, the attorney for
the State may file a motion to enforce payment of the
reimbursement fee or, with the written consent of the probation
officer, a motion to revoke probation under section 1205.__If the
reimbursement fee was not a condition of probation, the attorney
for the State may file a motion to enforce payment of the
reimbursement fee.

 
6.__Motion to enforce payment of reimbursement fee.__Either
the attorney for the State or the court may initiate a motion to
enforce payment of a reimbursement fee.__Notification for the
hearing on the motion must be sent by regular mail to the
offender's last known address.__If the offender does not appear
for the hearing after proper notification has been sent, the
court may issue a bench warrant.

 
A.__Unless the offender shows by a preponderance of the
evidence that the default was not attributable to an
intentional or knowing refusal to obey the court's order or
to a failure on the offender's part to make a good-faith
effort to obtain the funds required to make payment, the
court shall find that the default was unexcused and may
commit the offender to the custody of the sheriff until all
or a specified part of the jail reimbursement fee is paid.__
The length of confinement in a county jail for unexcused
default must be specified in the court's order and may not
exceed one day for every $5 of unpaid jail reimbursement fee
or 6 months, whichever is shorter.__An offender committed
for nonpayment of a reimbursement fee is given credit toward
the payment of a reimbursement fee for each day of
confinement that the offender is in custody, at the rate
specified in the court's order.__The offender is also given
credit for each day that the offender has been detained as
the result of an arrest warrant issued pursuant to this
section.__An offender is responsible for paying any
reimbursement fee remaining after receiving credit for
confinement and detention.__A default on the remaining
reimbursement fee is also governed by this section.


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