Senate Bill 1241 Summary

• Defendants whose convictions are vacated on appeal or post-conviction proceedings and whose charges are dismissed or result in acquittal are eligible for refunds of court-ordered fines, fees, costs, restitution, and interest paid to the court clerk.

• Defendants who paid restitution that is reversed on appeal, or who paid restitution in excess of the amount upheld on appeal, are eligible for refunds of the reversed or excess amounts plus interest.

• Defendants must file a written petition for refund within two years of becoming eligible, with no filing or service fees charged, and the court clerk must certify all monetary amounts paid relating to the vacated conviction.

• The Idaho Vacated Conviction Fund is created in the state treasurer's office, administered by the Idaho Supreme Court, and funded by state general fund appropriations to issue refunds to eligible defendants.

• Victims are not required to repay restitution received as a result of a criminal conviction, and unused fund balances may carry over to the following fiscal year.