House of Representatives

HB 2298

municipal incarceration costs

Sponsors: Representative May

 

DP

Committee on Judiciary

DP

Committee on Counties & Municipalities

dp

Caucus and COW

dp

Third Read

 

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As Transmitted to the Governor
 
HB 2298 orders persons convicted of misdemeanors and sentenced to a term of incarceration to reimburse the political subdivision responsible for the costs of the inmate’s incarceration.

History

Under current law, the court may order a person who is sentenced to a term of incarceration for aggressive or reckless driving to reimburse the political subdivision that is responsible for the costs of the person’s incarceration for those incarceration costs.  In addition, the court is currently required to order a person convicted of a DUI to reimburse the political subdivision that is responsible for the costs of incarceration.  The court may determine the amount of incarceration costs to be paid based on the per-day and per-person cost of incarceration incurred and the person’s ability to pay part or all of the incarceration costs.

Provisions

·              Asserts that the court shall order a person convicted of a misdemeanor offense who is sentenced to a term of incarceration to reimburse the political subdivision responsible for the costs of the incarceration.

·              Stipulates that the amount of the costs imposed shall be the per-day and per-person cost of incarceration incurred by the political subdivision that incarcerates the person.

·              Allows the court, after a hearing, to defer or waive a portion or all of the imposed costs.

·              Requires the defendant to establish an inability to pay the costs of incarceration in order to have the court consider waiver of the costs.

·              States that payment and enforcement of restitution take priority over payment to the state, including incarceration costs.

·              Repeals an existing reimbursement statute that is specific to reckless and aggressive driving offenses.

·              Stipulates that the duty of a sheriff to provide for prisoners does not prohibit a city or town from recovering incarceration costs.

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·              45th Legislature               

·              Second Regular Session   2          May 29, 2002

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