Rule 19: Costs, Fees and Conditions of Release After Sentence
19.1 In any case resulting in a conviction, the Judge shall assess costs against the
defendant as provided by city ordinance and as provided herein by these Rules.
19.2 The imposition of court costs against a defendant following conviction is mandatory
and the Court shall not waive, remit, suspend or parole or otherwise excuse the
payment of costs except as may be specified by city ordinance.
19.3 Such costs as imposed shall be collected by the Clerk of the Municipal Court with the assistance of the City Attorney’s Office or such other agency as may be approved by
the Administrative Judge.
19.4 Whenever any defendant convicted and sentenced by the Municipal Court is ordered
to pay fines, costs, restitution or to obey specific conditions or probation or parole
which require such defendant to provide proof of completion of some program or
treatment, or of possession of valid driver’s license or insurance, or such other proof
of completion of some task given to the defendant as a condition of probation or
parole, and such defendant is not placed upon a formal reporting probation, the
Court may require the defendant to appear in Court for purpose of review of such
conditions. If the defendant has paid all monies due, and completed all such tasks
assigned to him by the Court, and provided proof to the Clerk of the Court of
completion of all such tasks assigned to the defendant by the Court, the defendant,
at the Court’s discretion, shall be excused from attendance at the review date, and
such case will be closed by the Clerk. If the defendant has not paid all such monies
due and/or provided such proof of completion to the Clerk of the Court as required by
the Court, such defendant must appear in person before the Judge on the review
date at the time designated to request an extension of time in which to complete
payments and to provide such proof and to avoid the issuance of a warrant for his or
her failure to appear in Court as ordered.
19.5 No defendant still owing restitution or reimbursements shall be released from the
reporting requirements of any reporting probation or reporting parole imposed in a
case except at the discretion of the Judge hearing the case or the Administrative
Judge.
19.6 The failure of a probationer or parolee to conform to the conditions of his reporting
probation or parole should be first addressed by the probation officer personally with
the defendant, if possible. If a defendant fails to report to the probation officer as
required or violates the conditions of his probation or parole, and for good cause
shown under oath or affirmation, the Municipal Court shall issue a warrant for the
forthwith arrest of the accused pending hearing on the allegations contained in the
probation revocation request.
19.7 If a defendant’s drivers license is ordered suspended by the Court, then all fines and
court costs imposed must be paid in full via cash, approved vendor credit or debit
card, cashier’s check or money order before the court will provide said defendant
and/or the State of Kansas with any license reinstatement or notification
documentation.
Steve Eberts: Administrative Judge |
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