Law defines absconding and sets court fee and hearing rules

The law defines when a person under supervision has absconded. The definition covers people on parole or probation, and participants in pretrial services or prosecution-led diversion programs. A person absconds by willfully avoiding supervision by making their whereabouts unknown or by failing to report to the supervising authority.

The law allows a defendant to request a hearing to challenge a restitution amount. This process applies when a court keeps authority after sentencing to decide a victim’s restitution claim. The defendant must file a written hearing request within 30 days after receiving notice of the amount requested. If no hearing is requested, the court may enter a restitution judgment. The defendant must request the hearing within 30 days after receiving notice of the requested amount.

The law requires Legislative Management to consider a study of court fines and fees. The study may include fees tied to travel permits, presentence investigations, drug court, electronic and alcohol monitoring, and the 24/7 sobriety program. The study must consider amounts collected, collection rates and costs, practices in other states, and effects on defendants. Legislative Management must report any findings and recommendations to the 70th Legislative Assembly.

The law sets a $35 application fee for district-court indigent defense services. The fee applies to a defendant applying for publicly funded legal counsel in district court. The district court may extend payment time or waive or reduce the fee if it finds the defendant cannot afford all or part of it. An unpaid fee may be added to the amount the defendant must reimburse. The fee is due when the application is submitted; if unpaid before the case ends, it may be added to the reimbursement amount.