38-2314. Docket fee and expenses. - Kansas Statutes

38-2314

Chapter 38.--MINORS Article 23.--REVISED KANSAS JUVENILE JUSTICE CODE

      38-2314.   Docket fee and expenses.(a) Docket fee. The docket fee for proceedings under this code, ifone is assessed as provided by this section, shall be $34.Only one docket fee shall be assessed in each case.Except as provided further, the docket fee established in thissection shall be the only fee collected or moneys in the nature of a feecollected forthe docket fee. Such fee shall only be established by an act of the legislatureand no other authority is established by law or otherwise to collect a fee.On and after July 1, 2009 through June 30, 2010, the supreme court may imposean additional charge, not to exceed $10 per docketfee, to fund thecosts of non-judicial personnel.

      (b)   Expenses. The expenses for proceedings under this code,including fees and mileage allowedwitnesses and fees and expenses approved by the court for appointed attorneys,shall be paid bythe board of county commissioners from the general fund of the county.

      (c)   Assessment of docket fee and expenses. (1) Docketfee. The docket fee may be assessed orwaived by the court conducting the initial sentencing hearing and may beassessed against thejuvenile or the parent of the juvenile. Any docket fee received shall beremitted to the statetreasurer pursuant to K.S.A. 20-362, and amendments thereto.

      (2)   Expenses. Expenses may be waived or assessed against thejuvenile or a parent of thejuvenile. When expenses are recovered from a party against whom they have beenassessed thegeneral fund of the county shall be reimbursed in the amount of the recovery.

      (3)   Prohibited assessment. Docket fees or expenses shall not beassessed against the state, apolitical subdivision of the state, an agency of the state or of a politicalsubdivision of the state ora person acting in the capacity of an employee of the state or of a politicalsubdivision of thestate.

      (d)   Cases in which venue is transferred. If venue is transferredfrom one county to another, thecourt from which the case is transferred shall send to the receiving court astatement of expensespaid from the general fund of the sending county. If the receiving courtcollects any of theexpenses owed in the case, the receiving court shall pay to the sending courtan amountproportional to the sending court's share of the total expenses owed to bothcounties. Theexpenses of the sending county shall not be an obligation of the receivingcounty except to theextent that the sending county's proportionate share of the expenses iscollected by the receivingcourt. Unless otherwise ordered by the court, all amounts collected shall firstbe applied towardpayment of restitution, then toward the payment of the docket fee.

      History:   L. 2006, ch. 169, § 14;L. 2008, ch. 95, § 10;L. 2009, ch. 116, § 18; July 1.