Michigan Court of Appeals, in People v Killich, No. 329941, held that the Juvenile Code doesn’t allow for the imposition of a flat rate probation supervision fee, and vacated the trial court order imposing the fee and remanded for a corrected order of disposition.
FACTS:
Respondent Taylor Killich, a
juvenile, pled no contest to a juvenile petition and was placed on probation
for three months. She accepted the disposition ordered by the referee, but her
attorney objected to the $100 probation supervision fee, citing People v
Juntikka, 310 Mich App 306; 871 NW2d 555 (2015). The argument was rejected and
she requested a review hearing before the trial court.
At the review hearing, defense
counsel argued that the court did not have statutory authority under the
Juvenile Code to impose a pre-determined flat rate fee and that the Juvenile
Code only permitted the court to be reimbursed for individualized costs of
probation supervision services extended to individual juveniles.
Petitioner argued that three
statutory provisions allowed for the imposition of a probation supervision fee:
1) MCL 712A.18(1)(b), 2) MCL 712A.18(3), and 3) MCL 712A.18(12). The trial
court upheld the fee.
Opinion:
While the Michigan Court of
Appeals agreed with the trial court that local units of government share the
costs for juvenile adjudication and supervision, it disagreed with the
imposition of the $100 probation supervision fee, vacating and remanding the
matter back to the trial court.
The court said:
- Petitioner first contended the $100 probation
supervision fee is authorized by MCL 712A.18(1)(b). The court disagreed.
The language of the statute authorizes the court to order a juvenile to
pay the state minimum state cost of not less than $68.00 for a felony.
Thus, Killich must pay $68 but the law doesn’t authorize the $100 fee.
- Petitioner next contends that the $100 probation
supervision fee is authorized by MCL 712A.18(12). The court disagreed. The
statute states that the court “shall order” a juvenile to pay an
assessment fee if an order of disposition is entered. And, MCL 780.905 (3)
authorizes a fee of $25.00.
- Lastly, petitioner contends that the $100 probation supervision fee is authorized by MCL 712A.18(3). Again, the court disagreed. While the statute allows a court to impose a reimbursement provision before it has incurred any expense, whether it authorizes flat rate assessments is a different question. Because the fee doesn’t qualify as reimbursement for the “cost of service” for a particular juvenile, it isn’t authorized by the statute.
The court, stating that there was
no evidence on the record to conclude that the $100 fee is either more or less
than the cost of service, vacated the trial court decision and remanded the
case for entry of a corrected order of disposition.
Labels: appeal, cost of service, Court of Appeals, juvenile, Michigan, Michigan Appeals, michigan court of appeals, probation supervision fee, Speaker Law Firm, Washtenaw County
