I have a question from my probation department who are getting various answers from different sources...if a probationer is revoked, is he assessed completely new court costs and fines?

I thought that the fine as agreed was the maximum a probationer could pay---and the only additional fine that could be assessed would be if any were suspended or probated in the original judgment?

It does seem as though a revocation would require additional court costs, though.

You may assess a new fine on an adjudication, but not a revocation.

True dat. For supporting citations, see The Perfect Plea. There is an entire chapter on Adjudications/Revocations.

On a revocation, can the state and defendant agree that the original judgment be reformed / modified to reflect a greater fine amount? I know it is not unusual on a revocation to modify the original term of imprisonment, and common to reduce the amount of the fine. But can the fine amount be increased?

The sentence (including fine) has already been assessed, and the probation department and clerk's offices can only collect what is authorized by law to collect in terms of money. I don't think you can increase the sentence, only modify conditions (or reduce fine/jail time for a plea agreement on a revocation), and it would seem to me that a modification that increases the fine increases the sentence. If terms are added that cost more to the defendant (e.g., interlock, counseling) then of course, more money can be collected, but for those purposes.

What about increasing community service hours or days as a condition?

JB: When I was a teacher, I used to tell my kids that they had to look for the answers to their questions in at least two sources before they could ask me.(I got a lot of eye rolls, but eventually it cut down on the silly questions.) It seems I do not follow my own good advice!!

Thanks for the answers....I will pass it along to my probation department.

How do you all handle restitution in the judgments with multiple defendants? If the judgments read the full restitution amount, and then later probation notices that multiple judgments read that amount, but the victim has already been paid in full, what happens to that restitution--is it returned to the probationer?

Can a probationer be revoked for failing to pay restitution if the other co-defendants have paid enough to pay the entire amount?

I thought most judgments provide for full restitution to be paid by each defendant but with credit for any amount paid by a co-defendant. I have interpreted that to mean that any defendant should quit paying once his pro-rata part has been paid, unless it becomes apparent the others are going to renege. If someone has already paid more than his pro-rata share, then it seems to me any excess tendered by someone else should be paid to the person who overpaid, not just returned to the person who delayed payment. That recognizes the right to equitable contribution. See 18 Am Jur.2d Contibution, sec. 7.

Any probationer who fails to pay at least his pro-rata part of the restitution has not complied with the minimum condition of the order and thus should be subject to revocation even though the victim was made whole by someone else, but maybe the defendant will argue he received a gift from his co-defendant.

Gretchen - thanks. What we have is a plea of true on a motion to revoke. Probation term has already expired, so options are limited. Do not really want to impose a term of incarceration, but do not want defendant to not have any consequences for his violation of conditions. So, the change (increase) in the amount of the fine would be agreed (originally NO fine, "new" amount would be $10,000.00), and the plan upon payment of the fine would be to dismiss the motion to revoke. What about adding payment to crime victims compensation fund (or another entity) of $10,000.00 as a condition of supervision? I anticipate the defendant would agree, but want to avoid any issues. Thanks again.

Well, it's not the first time this has happened, and it's not the last, but I think I was wrong about my original answer. (a moment of silence to follow).

In looking at 42.12 Sec. 22(a)(3) and 22(d), it appears you CAN increase the fine at a revocation modification, so long as the total of the original fine and the new fine does not exceed the maximum fine for the offense.

I looked at 42.12 sec 22, but was not sure if the fine could be modified AFTER the supervision period (10 years - so cannot be extended) had expired. Thank AGAIN for your help. It looks to me like the judge can impose the additional fine as a condition of supervision, then the Motion to Revoke could be dismissed (since probation has expired).

How is it going to be a condition of a probation he is no longer on?

I may be wrong, but isn't there a period of time in which the defendant may be placed on a new supervision IF he is actually revoked, even if the original period is expired (might not apply in your case since he's already been on for 10 years)? Will the new fine be due instanter without the defendant being on probation? If he doesn't pay it all, will your only remedy be a capias pro fine?

I think the plan would be to have the court order the increased fine as an amended condition of supervision, then recess. Defendant goes and pays the money (in certified funds), comes back into court, then the motion to revoke is dismissed, finding that the defendant completed the terms of supervision as amended. A real issue is that the defendant, while not perfect, was generally a pretty good probationer. Since his probation has expired, the options on what to do with him are limited. I'm even thinking that if the increased fine is not an option, that a motion for shock would be possible.