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I'm looking to start a PTD program and I want to make sure that I am correct on what fees I can require. I've seen different things in different counties. Can the defendant be required to pay the $60.00 per month supervision fee to CSCD under CCP 102.012 AND the $500.00 fee to the county under CCP 101.0121? In addition to that can we also require payment to the county for a court appointed attorney fee as restitution to the county if they do not have retained counsel?
 
Posts: 10 | Location: Boerne, Texas, United States | Registered: June 24, 2009Reply With QuoteReport This Post
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The way I read the statutes, if your program is a pre-charge program, only the $500 fee is allowed. If it is a post-charge program, both the $500 fee and the $60 monthly are allowed, as long as the participant is not paying twice for something. There was an AG opinion, Tex. Atty. Gen. Op. GA-0114 (2003), that you can look at that is a little helpful. Last time I looked at this was 2011.
 
Posts: 2137 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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They are both permitted.

However, note that the fee under CCP Art. 102.0121 is not a flat $500, but a fee "in an amount not to exceed $500 to be used to reimburse a county for expenses ... related to a defendant's participation in" the program. Don't collect more than you need to reimburse your office/county for running the program. One of several headaches that will result is that you will end up with a pot of money you can't spend. See AG Op. GA-1039 (2014).
 
Posts: 2424 | Location: TDCAA | Registered: March 08, 2002Reply With QuoteReport This Post
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