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B. Joint ownership, if any, that the offender may have in any | | assets, earnings or other sources of income; and |
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| | | C. The income, assets, earnings or other property, both | | real and personal, owned by the offender's spouse or family. |
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| | | 3. Amount of fee. After considering all relevant evidence on | | the issue of the offender's ability to pay under subsection 2, | | the court may enter, as part of its sentence, a reimbursement fee | that shall must be paid by the offender for his incarceration in | the county jail. The fee shall must bear a reasonable | | relationship to the offender's ability to pay. Upon petition by | | the offender, the amount may be modified to reflect any changes | | in the financial status of the offender. |
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| | | 4.__Timing of fee.__If an offender is sentenced to pay a | | reimbursement fee, the court may grant permission for the payment | | to be made within a specified time or in specified installments.__ | | If such permission is not contained in the sentence, the | | reimbursement fee is payable immediately. |
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| | | 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. |
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| | | 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 or the attorney for the | | county.__If the reimbursement fee was a condition of probation, | | the attorney for the State or the attorney for the county 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 or | | the attorney for the county may file a motion to enforce payment | | of the reimbursement fee. |
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| | | 6.__Motion to enforce payment of reimbursement fee.__Either | | the attorney for the State, the attorney for the county 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. |
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| | | 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 |
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