§706-648 Probation services fee.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)The court, when sentencing a defendant to probation or granting deferral of a plea under section 853-1, shall order the defendant to pay a probation services fee. The amount of the fee shall be as follows:

(a)$150, when the term of probation or period of deferral is for more than one year; or

(b)$75, when the term of probation or period of deferral is for one year or less;

provided that no fee shall be ordered when the court determines that the defendant is unable to pay the fee.

(2)The entire fee ordered or assessed shall be payable forthwith by cash, check, or by a credit card approved by the court. When a defendant is also ordered to pay a fine, make restitution, pay a crime victim compensation fee, or pay other fees in addition to the probation services fee under subsection (1), payments by the defendant shall be made pursuant to section 706-651.

(3)Any defendant received for supervision pursuant to chapter 353B shall be assessed a probation services fee pursuant to this section.

(4)The defendant shall pay the fee to the clerk of the court. [L 2000, c 205, pt of §2; am L 2001, c 55, §29; am L 2004, c 78, §2; am L 2012, c 295, §1; am L 2016, c 231, §26; am L Sp 2021, c 9, §43]

Note

The 2012 amendment shall not apply to any defendant granted a deferred acceptance of guilty or no contest plea before July 9, 2012. L 2012, c 295, §3.

COMMENTARY ON §706-648

Act 205, Session Laws 2000, added this section to require a court, when sentencing a defendant to probation, to order the defendant to pay a probation services fee. The legislature found that this was necessary to help defray the costs of administering probation services. Conference Committee Report No. 45, Senate Standing Committee Report No. 3375.

Act 78, Session Laws 2004, amended this section to change the reference to the Interstate Parole and Probation Compact codified as part III of chapter 353 and repealed by Act 78, to reflect the new Interstate Compact for the Supervision of Adult Offenders, codified as chapter 353B. House Standing Committee Report No. 176-04.

Act 295, Session Laws 2012, amended this section to authorize the courts to assess a fee for probation services to all offenders under the supervision of the adult client services branch, including those granted deferred acceptance of guilty plea or deferred acceptance of nolo contendere plea, to hold offenders accountable for their actions and make them responsible for paying for some of their supervision costs. The legislature found that in 2000, it established probation services fees to help defray the costs of administering probation services.

However, this fee could not be ordered for those offenders who are granted deferrals. Act 295 would allow the courts to collect probation services fees from offenders placed on deferral to make them accountable for their actions and to help pay for their supervision costs, and addressed the Judiciary's need for additional revenue to meet the rising costs of supervising offenders that are not covered by the general fund. Senate Standing Committee Report No. 2344.

Act 231, Session Laws 2016, amended subsection

(2)to implement recommendations made by the Penal Code Review Committee convened pursuant to House Concurrent Resolution No. 155, S.D. 1 (2015).

Act 9, Special Session Laws 2021, amended this section to delete the requirement that the probation services fee be deposited into the probation services special fund, which Act 9 repealed. Act 9 repealed, abolished, or reclassified various non-general funds and transferred the balance of each repealed or abolished fund to the general fund. The legislature found that Act 9 would help to implement some of the recommendations of the auditor regarding the reclassification, repeal, or abolition of certain funds.

The legislature further found that Act 9 would help to provide greater transparency and accountability in the funding of certain programs. Conference Committee Report No. 151, Senate Standing Committee Report No. 1565.