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Rule 20: Costs, Fees and Conditions of Release After Sentence
| 20.1 |
In any case resulting in a conviction the Municipal Court shall assess costs against the defendant as provided by Charter Ordinance No. 122, Section 2; City Code Section 1.04.070; and as provided herein in these Rules. |
| 20.2 |
The assessment and imposition of court costs against a defendant following conviction is mandatory, and the Court shall not waive, remit, suspend, parole or otherwise excuse the payment of costs except as permitted by City Code Section 1.04.070 (h). |
| 20.3 |
Such costs as assessed 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 court, by the court administrator or by the City of Wichita. See City Code Section 1.04.070 (I). |
| 20.4 |
Whenever any defendant convicted and sentenced by the municipal court is ordered to pay fines, costs, restitution or reparations, or to obey specific conditions of probation or parole which will 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 shall require said defendant to appear in court for purpose of review of such conditions. If such 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. See City Code Sections 1.04.140 and 1.04.070. |
| 20.5 |
No defendant still owing fines, costs, 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 hearing judge on the case. |
| 20.6 |
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 the defendant continues to report as required, but otherwise violates the conditions of such probation or parole, the probation officer is empowered by the court to detain such probationer or parolee appearing in City Hall temporarily so that the municipal court judge may on that business day review the matter for possible forthwith revocation or reinstatement of such probation or parole. If a defendant fails to report to the probation officer as required by 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. See Charter Ordinance No. 85, Section 3. |
| 20.7 |
If a defendant pays any fees, fines or costs imposed by the Court by personal check, and the check fails to clear the bank for any reason, the Court may issue an order for a hearing to show cause why the defendant should not be held in contempt of court. Such remedy shall be in addition to any other civil or criminal remedies available for the issuance, writing, or delivering of a dishonored or worthless check. |
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Related to Rules of the Municipal Court |
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