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Collection and Disbursement of Fees and Restitution

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June 06, 2012, 11:42
Jim Tirey
Collection and Disbursement of Fees and Restitution
Does anyone know if and where there is a provision governing the precedence for distributing money collected from probationers? In other words, is there a statute that provides in what order thing such as court costs, restitution, and fines are paid from money remitted by a person on probation?
June 20, 2012, 14:38
Ray
The Attorney General will tell you there is a statute. But he will not be able to give you a cite to its location. At least that is the way I remember the opinions on this topic. The Legislature presumes that every probationer pays in full. And the Attorney General over the last several decades has concluded that distribution of the partial payment between state and county cost should be pro rata. Except that not every probationer pays all his costs before revocation -- leaving state or county holding the bag.