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State | Citation | Description/Statute Name | Language from the rule | When does the rule apply? | |
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Arizona | Ariz. R. Crim. P. 26.12(c) | Compliance with Sentence |
Action upon Failure to Pay a Fine, Restitution, Other Monetary Obligation, or to Comply with Court Orders.(1) For Defendants Not on Supervised Probation. If a defendant fails to pay a + See morefine, restitution, or other monetary obligation, or is known by the court to have failed to comply with a term or condition of sentence within the prescribed time, the court shall, within 5 days, notify the prosecutor.
(2) For Defendants on Supervised Probation. If a defendant on supervised probation fails to pay a fine, restitution, or other monetary obligation, or is known by the court to have failed to comply with any other term or condition of probation within the prescribed time, the court shall give notice of such failure to the defendant's probation officer within the time limits set under sections (c)(1) and (3).
(3) Time limits--Restitution and Non-Monetary Obligations. If the payment or performance of an obligation does not involve the court, delinquency times shall run from the date on which the court or the probation officer becomes aware of failure to pay or comply.
(4) Court Action upon Failure of Defendant to Pay Fine, Restitution, or Other Monetary Obligation or to Comply with Court Orders. Upon the defendant's failure to pay a fine, restitution, or other monetary obligation, or failure to comply with court orders, the court may require the defendant to show cause why said defendant should not be held in contempt of court and may issue a summons or warrant for the defendant's arrest.
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Indiana | Rules Crim.Proc., Rule 2.3 | Transfer of cases |
(D) Fee for Transfer of Probation Supervision. An offender on probation who applies to have the probation supervision transferred to a court in another jurisdiction shall pay a transfer fee + See moreof seventy-five dollars ($75) to the receiving court. The receiving court may waive the transfer fee if it finds the offender is indigent.
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Oregon | Or. Rev. Stat. § 131.395 | Change of place fees | The expenses of a change of place of trial under ORS 131.355 (Change of venue for prejudice) shall not be taxed against the defendant. | Fines and fees |
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Alaska | Alaska R. Crim. P. 32.6(e) | Judgment for Restitution |
Civil execution to enforce the judgment may issue if restitution is ordered to be paid by a specified date and defendant fails to make full payment by that date. If + See morerestitution is ordered to be paid in specified installments and defendant fails to make one or more installment payments, civil execution to collect the entire remaining balance may issue. The automatic stays on enforcement provided in Civil Rule 62(a) and District Court Civil Rule 24(a) do not apply to the enforcement of restitution judgments.
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Alaska | Alaska R. Crim. P. 38(c)(2) | Presence of the Defendant |
In prosecutions for offenses punishable by fine or by imprisonment for not more than one year or both, the court, with the written consent of the defendant, may permit arraignment, + See moreplea, trial, and imposition of sentence in the defendant's absence;
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Fines and fees |
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Alaska | Alaska R. App. P. 206(a)(2) | Stay of Execution and Release Pending Appeal in Criminal Cases |
A sentence to pay a fine or a fine and costs, if an appeal is taken, may be stayed by the trial court or by the appellate court upon such + See moreterms as the court deems proper. The court may require the defendant pending appeal to deposit the whole or any part of the fine and costs in the registry of the trial court or to give bond for the payment thereof, or to submit to an examination of assets, and it may make any appropriate order to restrain the defendant from dissipating assets.
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New Mexico | N.M. R. Cr. P. Mag. Ct. 6-801 | Magistrate court - modification of fines and fees |
The magistrate court may modify but not increase a sentence or fine at any time during the maximum period for which incarceration could have been imposed. No sentence shall be + See moremodified without prior notification to all parties and a hearing thereon. No sentence shall be modified while the appeal is pending. Changing a sentence from incarceration to probation constitutes a permissible reduction of sentence under this rule. No judgment of conviction shall be changed. No fine paid shall be ordered returned.
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Florida | Fla. R. Judicial Admin. 2.265(b) | Municipal ordinance violations |
Costs in County Courts. The chief judge of a circuit shall by administrative order establish a schedule of costs, in conformity with any provisions of law, to be assessed against + See morea defendant in the county court and paid to the county for violations of municipal ordinances which are prosecuted in county court. The costs shall be assessed as a set dollar amount per conviction, not to exceed $50 excluding any other statutory costs.
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Florida | Fla. R. Crim. Proc. 3.853(c)(6) | Motion for postconviction DNA testing |
If the court orders DNA testing of the physical evidence, the cost of the testing may be assessed against the movant, unless the movant is indigent. If the movant is + See moreindigent, the state shall bear the cost of the DNA testing ordered by the court.
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Florida | Adm. Order No. 2009-04 (Second Circuit) | In re: Fees - Costs for payment of attorney's fees; public defender application fee |
I. Each criminal judgment shall contain an assessment pursuant to section 938.29, Florida Statutes, unless specifically waived by the Court, in the amount of $50.00 in misdemeanor cases and + See more$100.00 in felony cases in all cases in which the defendant received the assistance of the Public Defender's Office or any other court appointed counsel. A similar assessment shall be imposed, unless specifically waived by the Court, in all cases which the defendant has received due process services after being found indigent for costs under section 27.52, Florida Statutes. These assessments shall be made in all original criminal actions as well as violations of probation or community control.
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Florida | Adm. Order No. 2009-04 (Second Circuit) | In re: Fees - Costs for payment of attorney's fees; public defender application fee |
III. If not previously paid, each criminal judgment shall also include the $50.00 Public Defender application fee if the Defendant applied for the services of the Public Definer and/or + See morethe court appointed the Public Defender, unless specifically waived by the court.
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Florida | Adm. Order No. 2000-03 (Second Circuit) | In re: Investigative costs in criminal cases |
A. 1. The minimum cost of prosecution to be assessed in each felony case is $50.00. This cost takes into consideration the time involved in the intake process, + See morecase preparation (exclusive of pre-trial motion and depositions) and the taking of the plea n court. All law enforcement agencies shall submit a request for reimbursement of investigative costs form . . . with each case they are seeking to recover the minimum cost of prosecution. A. 2. For any amount in excess of the above to be awarded the state shall, at least five (5) business days prior to sentencing unless otherwise provided in a plea agreement, file a Motion to Assess, with the amounts documented therein and furnish a copy to the defense attorney. A proposed order should also be included therewith. A. 3. Any defendant who objects to the assessment of the investigative costs has the right to request a hearing to determine the actual investigative costs incurred by the law enforcement agency.
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Florida | Adm. Order No. 2000-03 (Second Circuit) | In re: Investigative costs in criminal cases |
B. 1. The minimum cost of prosecution to be assessed in each misdemeanor and criminal traffic case shall be assessed as follow: a. For a plea at First Appearance, + See moreno costs; b. For a plea entered to a criminal traffic case or to a misdemeanor case subsequent to First Appearance a cost of $25.00 shall be assessed; c. For a plea entered to an Information prior to trial, a cost of $25.00 shall be assessed; d. Cases that involve an extraordinary amount of time, motion hearings, dispositions or go to trial, shall be handled as set fort in paragraph A. 2.
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Florida | Adm. Order No. 2014-01 (Fourth Circuit) | In re: Assessment and collection of drug testing fee for Clay County, Florida |
Ordered: (A) That every individual ordered by the Fourth Judicial Circuit Court, ClayCounty, to complete a drug test shall be required to pay a fee of $25.00 - or such + See morereduced amount as deemed appropriate to ensure the ability to pay, with the exception of individuals found to be indigent upon proper application to the Court;
(B) That individuals found to be indigent upon proper application to the Court shall be exempt from payment of this fee;
(C) That individuals who are ordered for testing shall make payment to the Clay County Clerk of Court, which has agreed to issue a receipt to such individuals as proof of payment, that shall, upon presentation at the Duval County Drug Court Lab,
enable drug testing to be completed;
(D) That agencies executing a Memorandum of Understanding (MOU) with the Duval County Drug Court Lab to perform dmg tests at an agreed upon contracted rate shall, after receipt of an invoice, submit a monthly payment (to the Duval County Drug Court Lab made payable to the Duval County Clerk of Court) along with a copy of the invoice, in accordance with the MOU for tests performed pursuant to a Court order or Child Welfare Case Plan; (E) That the Clay County Clerk of Court has agreed to maintain separate accounting records for these funds to ensure proper appropriation of all revenues
collected;
(F) That upon the end of each quarter, the Clay County Clerk of Court shall remit
payment of all funds collected during the preceding quarter to the Duval County Clerk of Court;
(G) That all such payments will be deposited by the Duval County Clerk of Court into the existing Drug Testing Revenue Fund, i.e., GL2293 87 (F750), as maintained by the Duval County Clerk of Court;
(I-I) That this account shall allow for end of fiscal year cash carryover;
(I) That the fees collected will be deposited by the Clerk of Court into this account, less one dollar ($1.00) per drug testing fee as a service charge to be retained by the Clerk;
(J) That the Chief Judge or his designee shall have authority over these fund for
use in maintaining Drug Court and that such funds shall only be disbursed by the Duval County Clerk of Court upon request by the Chief Judge or his designee;
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Florida | Second Amended Adm. Order No. 2008-04 (Fourth Circuit) | In re: Assessment and collection of drug testing fee for Clay County, Florida |
Ordered: (A) That every individual ordered by the Fourth Judicial Circuit Court, Duval County (the Court), to complete a drug test shall be required to pay a fee of $25.00 + See more- or such reduced amount as deemed appropriate by the Court to ensure the ability to pay, with the exception of individuals found to be indigent upon proper application to the Court;(B) That individuals found to be indigent upon proper application to the Court
shall be exempt from payment of this fee;
(C) That individuals who are ordered for testing shall make payment to the Duval County Clerk of Court, which has agreed to issue a receipt to such individuals as proof of payment, that shall, upon presentation at the Duval County Drug Court Lab,
enable drug testing to be completed;
(D) That agencies executing a Memorandum of Understanding (MOU) with the Duval County Drug Court Lab to perform drug tests at an agreed upon contracted rate shall, after receipt of an invoice, submit a monthly payment (to the Duval County Drug Y Court Lab made payable to the Duval County Clerk ofCou11) long with a copy of the invoice, in accordance with the MOU for tests performed pursuant to a Court order or Child Welfare Case Plan; (E) That all such payments will be deposited by the Duval County Clerk of Court into the existing Drug Testing Revenue Fund, i.e., GL2293 87 (F750), as maintained by the Duval County Clerk of Court;
(F) That the Duval County Clerk of Court has agreed to maintain separate accounting records for these funds to ensure proper appropriation of all revenues collected. Upon request from the Court Administration, the Duval County Clerk of Court will establish and maintain a bank account for receipt of these funds, which shall support any required maintenance fees necessary to operate the account;
(G) That this account shall allow for end of fiscal year cash carryover;
(H) That the fees collected will be deposited by the Clerk of Court into this account, less one dollar ($1.00) per drug testing fee as a service charge to be retained by the Clerk;
(I) That the Chief Judge or his designee shall have authority over these funds for use in maintaining Drug Court and that such funds shall only be disbursed by the Duval County Clerk of Court upon request by the Chief Judge or his designee;
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Florida | Adm. Order No. 91-2 (Fourth Circuit) | In re: Section 39.054, Florida Statutes - Clerk's Fee for Collecting and Disbursing Juvenile Restitution Payments |
Ordered that pursuant to Section 39.054, Florida Statutes, the Clerk of Courts for Duval, Clay and Nassau Counties shall receive and dispense restitution ordered by the respective Courts pursuant to + See moreChapter 39, Florida Statutes, and shall collect from the child or parent as ordered by the Court, a fee in the amount of: Duval County $4.00; Clay County $3.50; Nassau County $3.50.
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Florida | Adm. Order No. 2015-048 PA/PI-CIR (Sixth Circuit) | Re: Court costs, assessments, surcharges, and fines - Amendment Two | Specifies various fines and fees. | Fines and fees |
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Florida | Adm. Order No. 8.05 (Eighth Circuit) | Criminal traffic costs |
In addition to any other allowable costs, an additional court cost of $5.00 shall be assessed against each defendant charged with a criminal traffic offense who elects to exercise the + See moreoption of receiving a withheld adjudication under section 318.14(10), Florida Statutes, and shall be paid to Alachua County.
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Florida | Adm. Order No. 2002-14 (Ninth Circuit) | Order providing for clerk of court's fee to be assessed by court at time of sentencing |
1. In cases where the court has ordered, as a condition of probation, the impoundment or immobilization of vehicles operated by or in the actual control of the defendant pursuant + See moreto section 316.193(6), Florida Statutes, the Clerk of Court is authorized to impose a fee of ten dollars ($10.00) which shall be assessed by the Court against the Defendant at the time of sentencing.
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Florida | Adm. Order No. 07-99-26-5 (Ninth Circuit) | Amended administrative order governing a collections court program in Orange county |
II. Notice Form:At sentencing the trial clerk shall prepare and furnish each defendant who is ordered to comply with the Program a form entitled Notice of Fines and Costs, Required + See moreStatus Hearings, and Order Requiring Defendants Personal Appearance at Collections Court (hereinafter referred to as Notice). The original Notice shall be signed by the defendant and the trial judge, and then placed in the court file. A copy of the Notice shall be furnished to the defendant. The Notice shall advise the defendant of the following:
1. The total amount due.
2. The amount of monthly payments.
3. Where payments are to be made.
4. The date payment is to be made each month until paid in full. This date shall be from the 1st of the month until the 15th of the month.
5. That the defendant shall be assessed an administrative fee payable to the Clerk of Court in the amount of $5.00 per month for inclusion in the Program.
6. That each time the defendant fails to make a scheduled payment on the date specified, an additional administrative fee of $10.00 payable to the Clerk of Court shall be assessed against the defendant for the costs incurred under the Program.
7. That each time a defendant fails to appear for a required Collection Court status
hearing, and a Writ of Bodily Attachment is issued, an additional administrative fee
of $20.00 shall be assessed against the defendant for the costs incurred under the
Program. This administrative fee when collected shall be disbursed by the Clerk of
Court as follows: $10.00 to the Clerk of Court; $10.00 to the Board of County
Commissioners on behalf of the Orange County Sheriffs Office.
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