HB2028

THE CONTEXT: Statute directs that, in addition to any other penalty, fine, fee, surcharge or assessment authorized by law, a person shall pay a probation assessment of $20 dollars if convicted for a criminal offense, civil traffic violation, a violation of any local ordinance relating to the stopping, standing or operation of a vehicle, except for parking violations, or for a violation of the game and fish statutes ( A. R.

WHAT THE BILL DID: The final vetoed version would allow the court to order a defendant, without the defendant's request, to perform mandatory community restitution in lieu of a probation assessment if the defendant is experiencing homelessness, is indigent and is unable to pay all or part of the assessment.

WHY IT MATTERED: The practical reason for this bill was to make the stated financial responsibility enforceable and keep public reporting on time. It would allow the court to order a defendant, without the defendant's request, to perform mandatory community restitution in lieu of a probation assessment if the defendant is experiencing homelessness, is indigent and is unable to pay all or part of the assessment, rather than leave the current rule unchanged.