June 26, 2014, 15:05
nicbishopPretrial Intervention/Diversion Fees
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?
June 27, 2014, 13:48
JohnRThe 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.
July 08, 2014, 15:01
Shannon EdmondsThey 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).