Service of intermittent sentence: Administrative fee; conditions.
1. A board of county commissioners or the governing body of an incorporated city may collect an administrative fee from each prisoner, sentenced to confinement in a county or city jail or detention center, including a prisoner sentenced as a condition of probation, whose sentence is served intermittently on days other than his regular days of employment. The amount of the fee must be set at $25 for each day served. A prisoner serving such a sentence shall pay toward the fee according to his ability to pay.
2. The court, if it grants the application of a defendant to serve his sentence intermittently, shall:
(a) Establish the conditions of the intermittent sentence; and
(b) Direct whether the fee is to be paid weekly or monthly. In either case, the fee must be paid for each period until the sentence has been served.
3. Fees received pursuant to this section must be deposited in the county or city treasury for disposition according to the ordinance establishing them.
4. If a prisoner fails to pay the fee, the board of county commissioners or governing body of the incorporated city may apply to the court for judgment for the arrears and the amount to accrue. The judgment may be enforced by execution but not as contempt of court.
5. During the pendency of such a judgment, the defendant may petition the court to modify or vacate it on the ground that his ability to pay has changed. The court shall so inform the defendant when the judgment is rendered.
Last modified: February 26, 2006