This bill proposes to amend current statutes regarding court assessments by allowing courts to mandate community restitution for defendants who are both indigent and experiencing homelessness. Under the current law, if a defendant is unable to pay a monetary obligation, they may request to perform community restitution instead. The bill adds a specific provision that if a defendant cannot pay the $20 assessment imposed under section 12-114.01 due to their homelessness and indigence, the court can order them to perform community restitution in lieu of this payment.
The bill also clarifies the definition of "monetary obligation" to include fines, civil penalties, surcharges, assessments, fees, and incarceration costs. The existing language regarding the crediting of community restitution at the minimum wage remains unchanged, but the new provisions aim to provide additional support for vulnerable defendants who may struggle to meet financial obligations due to their circumstances.
Statutes affected: Introduced Version: 41-1074
House Engrossed Version: 41-1074
Senate Engrossed Version: 13-824