§ 29-26-22 — Judgment for fines - Court administration fee - Community service supervision fee - Special funds - Docketing and enforcement (Retroactive application - See note)

North Dakota § 29-26-22

• Jurisdiction: North Dakota
• Title 29: Judicial Procedure, Criminal
• Ch. 29-26: Judgment and Sentence

Text

supervision fee - Special funds - Docketing and enforcement. (Retroactive application -
See note)
1. In all criminal cases except infractions, upon a plea or finding of guilt, the court shall
impose a court administration fee in lieu of the assessment of court costs. The court
administration fee must include a fee of one hundred twenty-five dollars for a class B
misdemeanor, two hundred dollars for a class A misdemeanor, four hundred dollars for
a class C felony, six hundred fifty dollars for a class B felony, and nine hundred dollars
for a class A or AA felony.
2. In addition, in all criminal cases except infractions, the court shall impose an indigent
defense and court facilities fee of one hundred dollars. Of the additional one hundred
dollar court administration fee, the first seven hundred fifty thousand dollars collected
per biennium must be deposited in the indigent defense administration fund, which
must be used for indigent defense services in this state, and the next four hundred
sixty thousand dollars collected per biennium must be deposited in the court facilities
improvement and maintenance fund. After the minimum thresholds have been
collected, one-half of the additional court administration fee must be deposited in each
fund.
3. In addition to any fees that may be imposed under subsections 1 and 2, the court shall
impose upon each defendant who receives a sentence that includes community
service a community service supervision fee of twenty-five dollars. The community
service supervision fee must be deposited in the community service supervision fund.
The fees deposited in this fund must be used to provide community service
supervision grants subject to legislative appropriations.
4. A court may waive the court administration fee, indigent defense and court facilities
fee, or community service supervision fee upon a showing of indigency as provided in
section 25-03.1-13. District court administration fees, exclusive of amounts deposited
in the indigent defense administration fund and the court facilities and improvement
fund, and forfeitures must be deposited in the state general fund. A judgment that the
defendant pay a fine or fees, or both, may be docketed and if docketed constitutes a
lien upon the real estate of the defendant in like manner as a judgment for money
rendered in a civil action. The court may allow the defendant to pay any assessed
administration fee or community service supervision fee in installments. When a
defendant is assessed administration fees or a community service supervision fee, the
court may not impose at the same time an alternative sentence to be served if the fees
are not paid.
5. Upon successful completion of an approved adult treatment court program, a court
may waive all unpaid fines, fees, and costs imposed in the criminal judgment
sentencing the defendant to the treatment court program, except for restitution. For
purposes of this subsection, "approved treatment court program" means a district
court-supervised treatment program approved by the supreme court.