40-36-306 - Supervision fee.

40-36-306. Supervision fee.

(a)  A supervision fee in the amount of fifteen dollars ($15.00) per month is imposed upon every offender serving a sentence under the supervision of a community corrections grantee. The fee may be waived in those cases determined to be hardship cases, as defined in § 40-28-202.

(b)  The grantee shall be responsible for collecting and accounting for the fees.

(c)  Any fees collected pursuant to this section shall be retained by the grantee and reported to the board of probation and parole.

(d)  The board of probation and parole shall offset the amount of any fees collected under this section against any sums due under the grant contract with the grantee.

(e)  The grantee shall make an investigation of the financial and other circumstances of any person under its supervision and, based upon the person's ability to pay, shall require the person to pay thirty dollars ($30.00) for each month or portion of a month the person remains under the supervision of the grantee, to the general fund, beginning thirty (30) days from the date the offender is placed under the supervision of the grantee, or, in the case of an offender, the date of employment. The payment required under this subsection (e) shall not exceed ten percent (10%) of the offender's net income. In cases of hardship as defined in § 40-28-202, the board of probation and parole may modify the payment required by this item to an appropriate amount given the nature and magnitude of the hardship.

(f)  In addition to any other fees imposed by this section, the trial court may assess an additional fee against any offender sentenced to participate in a community corrections program, either as a community corrections sentence or as a condition of probation, to offset the cost of the program; provided, that the program is one that has been certified by the board of probation and parole as meeting promulgated criteria relating to achievement of goals and cost of the program.

[Acts 1990, ch. 616, § 2; 1996, ch. 871, §§ 2, 3; 1996, ch. 951, § 1; 1998, ch. 1049, § 45.]