ID S1238

Courts may hold a hearing to determine if pretrial supervision is appropriate when a county has established a pretrial supervision program, based on necessity to protect victims and witnesses, ensure public safety, or ensure compliance with release conditions.

Courts may require defendants in supervised pretrial release programs to pay a pretrial supervision fee up to $30.00 per month, set by the administrative district judge, to cover actual supervision costs.

Pretrial supervision fees are paid to the court clerk, then to the county treasurer, and used exclusively by the designated pretrial services agency.

Courts may order defendants to pay additional fees for electronic monitoring, alcohol testing, or drug testing if these are release conditions, which may be paid directly to service providers.

Defendants may not be required to pay more than one pretrial services fee per county regardless of number of charges, and courts may exempt defendants for good cause; inability to pay fees cannot result in denial of release or program participation.