§706-648  Probation services fee.  (1) 
The court, when sentencing a defendant to probation, 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 is for more than
one year; or



(b) $75, when the term of probation 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 in
the following order of priority:



(a) Restitution;



(b) Crime victim compensation fee;



(c) Probation services fee;



(d) Other fees; and



(e) Fines.



(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.  The fee shall be deposited with the director of finance
who shall transmit the fee to the probation services special fund pursuant to section
706-649. [L 2000, c 205, pt of §2; am L 2001, c 55, §29; am L 2004, c 78, §2]



 



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of chapter 353 and repealed by Act 78, to reflect the new Interstate Compact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.