(a) (1) A district court or city court may:
(A) Place a defendant on probation or sentence him or her to public service work; and
(B) As a condition of its order, require the defendant to pay a:
(i) Fine in one (1) or several sums; and
(ii) Probation fee or a public service work supervisory fee in an amount to be established by the district court or city court.
(2) (A) The broad objective of probation is to educate and rehabilitate a person placed on probation.
(B) A condition for probation shall bear a reasonable relationship to the offense committed or to future criminality and be reasonably necessary to assist the defendant in leading a law-abiding life.
(3) (A) A condition of probation shall be closely monitored and supervised by the district court or city court or by a probation officer.
(B) The district court or city court shall determine if a condition of probation is in compliance with the provisions of subdivision (a)(2) of this section.
(b) (1) This section regarding probation and probation fees does not apply when the defendant is charged with violating the Omnibus DWI or BWI Act, § 5-65-101 et seq., or the Underage DUI or BUI Law, § 5-65-301 et seq.
(2) When the defendant is charged with violating the Omnibus DWI or BWI Act, § 5-65-101 et seq., the district court may require the defendant to pay a public service work supervisory fee in an amount to be established by it if the district court orders public service in lieu of jail under § 5-65-111.
(3) When the defendant is charged with violating the Underage DUI or BUI Law, § 5-65-301 et seq., the district court may require the defendant to pay a public service work supervisory fee in an amount to be established by it for any public service work ordered by the district court.
(c) This section is supplemental to any other law allowing a district court or city court to attach a condition on an order of probation.
(d) (1) Except as provided in subsection (e) of this section, no district court or city court may impose a probation fee in any case in which the only sentence available is a monetary fine, court costs, or if applicable, restitution.
(2) In a case described in subdivision (d)(1) of this section, a defendant may be given time to make the payments, and the installment payment fee in § 16-13-704 is the only fee authorized for administering those accounts.
(3) If the sentence available includes imprisonment, probation and probation fees may be ordered in lieu of imprisonment.
(e) If a fine is an authorized sentence, the fine may be suspended and probation and a probation fee may be ordered in lieu of the fine.
(f) (1) A probation fee shall be collected in full for each month in which a defendant is on probation.
(2) The probation fee shall accrue for each month that a defendant does not make a payment and the defendant remains on probation as ordered by the district court or city court.
Section: Previous 5-4-302 5-4-303 5-4-304 5-4-305 5-4-306 5-4-307 5-4-312 5-4-313 5-4-320 5-4-321 5-4-322 5-4-323 NextLast modified: November 15, 2016