Payment for cost of supervision.
Any person under state probation or parole supervision shall be required to contribute not more than seventy-five dollars ($75.00) per month as determined by the board of correction. Costs of supervision are the direct and indirect costs incurred by the department of correction to supervise probationers and parolees, including tests to determine drug and alcohol use, books and written materials to support rehabilitation efforts, and monitoring of physical location through the use of technology. Any failure to pay such contribution shall constitute grounds for the revocation of probation by the court or the revocation of parole by the commission for pardons and parole. The division of probation and parole in the department of correction may exempt a person from the payment of all or any part of the foregoing contribution if it finds any of the following factors to exist:
(1) The offender has diligently attempted but been unable to obtain employment.
(2) The offender has a disability affecting employment, as determined by a physical, psychological or psychiatric examination acceptable to the division of probation and parole.
Money collected as a fee for services will be placed in the probation and parole receipts revenue fund, which is hereby created in the dedicated fund in the state treasury, and utilized to provide supervision for clients. Moneys in the probation and parole receipts revenue fund may be expended only after appropriation by the legislature. This section shall not restrict the court from ordering the payment of other costs and fees that, by law, may be imposed on persons who have been found guilty of or have pled guilty to a criminal offense, including those who have been placed on probation or parole.
Notes of Decisions
Cited in
7
cases (
2 in the last 5 years), 1983–2023 · leading case:
State v. Wrede, 539 P.3d 1015 (Idaho Ct. App. 2023).
State v. Wrede, 539 P.3d 1015 (Idaho Ct. App. 2023).
· cites it 30× “” 2 Idaho Code § 20-225 states that “any person under state probation or parole supervision shall be required to contribute not more than seventy-five ($75.”
Ybarra v. Dermitt, 657 P.2d 14 (Idaho 1983).
· cites it 8× “Even though the letters contained hearsay they could be taken into account by the Parole Board because I.C. § 20-225 allows the Parole Board to consider information used by the sentencing court and Rule 37(d) of the Idaho Rules of Criminal Practice and Procedure [1] states that…”
State v. Korsen, 111 P.3d 130 (Idaho 2005).
· cites it 2× “Idaho Code § 20-225 provides for contribution toward the cost of probation or parole supervision.”
State v. Walker, 887 P.2d 53 (Idaho Ct. App. 1994).
· cites it 12× “During the hearing subsequently held on the motion for refund, the parties presented a stipulation setting forth the following facts: (1) the court ordered Walker to be placed under the supervision of the Department of Correction, Division of Field and Community Services; (2)…”
State v. Mark J. Fixmer (Idaho Ct. App. 2013).
· cites it 4× “Even in that circumstance, the fee may not exceed the monthly amount authorized by I.C. § 20-225. For a person on felony probation, the probation supervision fee is determined by 2 the Board of Correction, subject to the maximum set by statute.”
Barry Searcy v. State Bd of Corr. (Idaho Ct. App. 2015).
· cites it 4× “For example, I.C. § 20-225 limits the Board’s authority to make monetary assessments against probationers and parolees: Any person under state probation or parole supervision shall be required to contribute not more than seventy-five dollars ($75.”
Langley v. Little (D. Idaho 2021).
· cites it 2× “In fact, Idaho Code § 20-225 provides that “[t]he division of probation and parole in the department of correction may exempt a person from the payment of all or any part of the foregoing contribution” upon a finding that the “offender has diligently attempted but been unable to…”
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