AN ACT concerning income withholding for criminal costs, fines and restitution; amending K.S.A. 21-4607, 21-4610, 21-4610a and 22- 3801 and K.S.A. 1996 Supp. 21-4603d and repealing the existing
sec- tionsections. Be it enacted by the Legislature of the State of Kansas: New Section 1. As used in this act: (a) ``Arrearage'' means the total amount of unpaid criminal costs, fines and restitution which is due and unpaid under an order forin a criminal costs, based upon the due date specified in the order for criminal costs or, if no specific date is stated in the order, the last day of the month in which the payment is to be madecase. (b) ``Income'' means any form of periodic payment to an individual, regardless of source, including, but not limited to, wages, salary, trust, royalty, commission, bonus, compensation as an independent contractor, annuity and retirement benefits and any other periodic payments made by any person, private entity or federal, state or local government or any agency or instrumentality thereof. Income does not include: (1) Any amounts required by law to be withheld, other than creditor claims, in- cluding but not limited to federal and state taxes, social security tax and other retirement and disability contributions; (2) any amounts exempted by federal law; (3) public assistance payments; and (4) unemployment insurance benefits except to the extent otherwise provided by law. Any other state or local laws which limit or exempt income or the amount or percentage of income that can be withheld shall not apply. (c) ``Income withholding order'' means an order issued under this act which requires a payor to withhold income to satisfy an order for criminal costs or to defray an arrearage. (d) ``Obligee'' means the district court, person or other entity to whom the payment under an order for criminal costs is owed. (e) ``Obligor'' means any person who owes a duty to make payments under an order for criminal costs. (f) ``Order for criminal costs'' means any order of a court ,pursuant to K.S.A. 21-4603d, 21-4607, 21-4610, 21-4610a and 22-3801 and -amendments thereto or of an administrative agency authorized by law to issue such an order,which provides for payment of funds for restitu- tion,court costs, fines and restitution, indigent defense fees and other costs as ordered by the court, and includes an order which provides for modification or resumption of a previously existing orderand fees. (g) ``Payor'' means any person or entity owing income to an obligor or any self-employed obligor. (h) ``Public office'' means any elected or appointed official of the state or any political subdivision or agency of the state, or any subcontractorcontractor thereof, who is or may become responsible by law for en- forcement of, or who is or may become authorized to enforce, an order for criminal costs, including, but not limited to, the department of cor- rections,county or district attorneys and other subcontractors. New Sec. 2. (a) As a condition of probation or upon a person violating a condition of probationAt sentencing or at any time during proba- tion, the district court may issue an order for the withholding of income to enforce the order for criminal costs. The court shall have discretion to order immediate issuance of an income withholding order. The income withholding order shall be issued without further notice to the obligor specifying an amount sufficient to satisfy the order for criminal costs and to defray any arrearage. The income withholding order shall be issued regardless of whether a payor subject to the jurisdiction of this state can be identified at the time the order for criminal costs is entered. (b) (1) An income withholding order shall be directed to any payor of the obligor. (2) An income withholding order shall require the payor to withhold from any income due, or to become due, to the obligor a specified amount sufficient to satisfy the order of criminal costs and to defray any arrearage and shall include notice of and direction to comply with the provisions of sections 3 and 4, and amendments thereto. (c) Upon written request and without the requirement of further no- tice to the obligor, the clerk of the district court shall cause a copy of the income withholding order to be served on the payor in any manner per- mitted for service of summons and petition by the statutes contained in article 3 of chapter 60 of the Kansas Statutes Annotated and amendments thereto. (d) An income withholding order shall be binding on any existing or future payor on whom a copy of the order is served and shall require the continued withholding of income from each periodic payment of income until further order of the court. At any time following issuance of an income withholding order, the obligee, obligor or public office may re- quest service of a copy of the income withholding order on any payor without the requirement of further notice to the obligor. -New Sec. 3. (a) It shall be the affirmative duty of any payor to re- spond within 10 days to written requests for information presented by the public officedistrict court concerning: (1) The full name of the obligor; (2) the current address of the obligor; (3) the obligor's social security number; (4) the obligor's work location; (5) the number of the obligor's claimed dependents; (6) the obligor's gross income; (7) the ob- ligor's net income; (8) an itemized statement of deductions from the ob- ligor's income; (9) the obligor's pay schedule; (10) the obligor's health insurance coverage; and (11) whether or not income owed the obligor is being withheld pursuant to this act. This is an exclusive list of the infor- mation that the payor is required to provide under this section. (b) It shall be the duty of any payor who has been served an income withholding order for payment of an order for criminal costs to deduct and pay over income as provided in this section. The payor shall begin the required deductions no later than the next payment of income due the obligor after 14 days following service of the order on the payor. (c) Within 10 days of the time the obligor is normally paid, the payor shall pay the amount withheld as directed by the income withholding order to the clerk of the district court. The payor shall identify each payment with the name of the obligor, the county and case number of the income withholding order, and the date the income was withheld from the obligor. A payor subject to more than one income withholding order from a single county may combine the amounts withheld into a single payment, but only if the amount attributable to each income with- holding order is clearly identified. (d) The payor shall continue to withhold income as required by the income withholding order until further order of the court. (e) From income due the obligor, the payor may withhold and retain to defray the payor's costs a cost recovery fee of $5 for each pay period for which income is withheld or $10 for each month for which income is withheld, whichever is less. Such cost recovery fee shall be in addition to the amount withheld as criminal costs. (f) The entire sum withheld by the payor, including the cost recovery fee, shall not exceed the limits provided for under section 303(b) of the consumer credit protection act (15 U.S.C. 1673(b)). An income with- holding order issued pursuant to this act shall not be considered a wage garnishment as defined in subsection (b) of K.S.A. 60-2310, and amend- ments thereto. If amounts of earnings required to be withheld in accor- dance with this act are less than the maximum amount of earnings which could be withheld according to the consumer credit protection act, the payor shall honor garnishments filed by other creditors to the extent that the total amount taken from earnings does not exceed consumer credit protection act limitations. -(g) The payor shall promptly notify the clerk of the district court of the termination of the obligor's employment or other source of income, or the layoff of the obligor from employment, and provide the obligor's last known address and the name and address of the individual's current employer, if known. (h) Payment as required by an income withholding order issued un- der this act shall be a complete defense by the payor against any claims of the obligor or the obligor's creditor as to the sums paid. (i) Except as provided further, if any payor violates the provisions of this act, the court shall enter a judgment against the payor for the total amount which should have been withheld and paid over and may enter judgment against the payor to the extent of the total arrearage, as defined in section 1, and amendments thereto, owed. If the payor, without just cause or excuse, intentionally fails to pay over income within the time established in subsection (c) and the obligee files a motion to have such income paid over, the court shall enter a judgment against the payor and in favor of the obligee for three times the amount of the income owed and reasonable attorney fees. (j) Any payor who intentionally discharges, refuses to employ or takes disciplinary action against an obligor solely because of an income with- holding order issued under this act shall be subject to a civil penalty not exceeding $500 and such other equitable relief as the court considers proper. New Sec. 4. (a) An income withholding order issued under this act shall have priority over any other legal process under state law against the same income, except such order shall not have priority over an income withholding order issued pursuant to the income withholding act, K.S.A. 23-4,105 through 23-4,123, and amendments thereto. Withholding of in- come under this section shall be made without regard to any prior or subsequent garnishments, attachments, wage assignments or other claims of creditors. (b) Except as provided by this act, any state law which limits or ex- empts income from legal process or the amount or percentage of income that can be withheld shall not apply to withholding income under this act. (c) If more than one income withholding order requires withholding from the same source of income of a single obligor, the payor shall with- hold and disburse as ordered the total amount required by all income withholding orders if such amount does not exceed the limits of subsec- tion (f) of section 3, and amendments thereto, as shown in the withholding order which specifies the highest percentage of income allowed to be withheld. If the total amount required by all income withholding orders exceeds such limits, the payor shall withhold the amount permitted to be withheld under such limits, and from the amount withheld the payor shall -retain any cost recovery fee charged by the payor. The remaining funds shall prorated among all other income withholding orders for the obligor that require payment of an amount for arrearages then prorated among all other income withholding orders for the obligor. The payor may re- quest assistance from the court in determining the amount to be dis- bursed for each income withholding order, but such assistance shall not relieve the payor from any responsibility under this act. Upon request of a public officethe district court or of any obligee whose income with- holding order is affected by this subsection, the payor shall provide the county, case number and terms of all the obligor's income withholding orders. New Sec. 5. (a)A motion to stay issuance of the income withholding order must be filed with the court and a copy served on the obligee or public office within seven days. The grounds for obtaining the stay shall be limited to a mistake of fact in the notice concerning the amount of the order for criminal costs, the amount of the arrearage, the amount of income to be withheld or the proper identity of the obligor. The motion shall specify the mistake of fact alleged to be the basis for the motion. If the amount of the order for criminal costs or the amount of the arrearage is challenged, the motion shall specify the amount of the order for crim- inal costs or the arrearage which is uncontested. In addition to any other penalty provided by law, filing a motion to stay with knowledge of the falsity of any material declaration or without specifying the uncontested amount of the order for criminal costs or the arrearage, when required, is punishable as a contempt. (b) The court, upon notice of the date, time and place of hearing to the obligor and the obligee or public office, shall hear the matter within 14 days after the motion to stay issuance of the income withholding order is filed with the court. (c) If the court cannot promptly resolve all issues, the court may con- tinue the hearing on the unresolved issues, provided that within 45 days of the date the notice was served on the obligor the court notifies the obligor and the obligee or public office of whether or not the withholding is to occur. If the court upholds the issuance of an income withholding order in a contested case, the court must include in its order notice of the time within which the withholding will begin and the information given to the payor as required in sections 3 and 4, and amendments thereto.New Sec. 6. (a) At any time upon motion the court shall :modify or terminate the income withholding order because of a modification or termination of the underlying order for criminal costs. (1) Modify or terminate the income withholding order because of a modification or termination of the underlying order for criminal costs; or -(2) modify the amount of income withheld to reflect payment in full of the arrearage by income withholding or otherwise. (b) On request of the obligee or public office, the court shall issue an order which modifies the amount of income withheld, subject to the limitations of subsection (f) of section 3, and amendments thereto. (c) The obligor may file a motion to terminate an income order if: (1) The withholding order has not previously been terminated under this subsection and subsequently initiated; and (2) there is a written agreement among all interested parties which provides for an alternative arrangement. Under this subsection, the court may terminate the income withholding order unless it finds good cause for denying the motion because of the obligor's payment history or oth- erwise. If an income withholding order is terminated for any reason and the obligor subsequently becomes delinquent in the payment of the order for criminal costs, the obligee or public office may obtain another income withholding order by complying with all requirements for notice and serv- ice pursuant to this act. (d)(b) If criminal costrestitution payments are undeliverable to the obligeea victim or a victim's family, any such payments shall be held in trust by the court until the payments can be delivered. (e)(c) The clerk of the district court shall cause to be served on the payor a copy of any order entered pursuant to this section that affects the duties of the payor. New Sec. 7. If the court determines that income has been improp- erly withheld, the court may order the person or public office who has possession of the income or who ultimately received it, to refund promptly the improperly withheld amount to the obligor. New Sec. 8. (a) If an obligeea victim or a victim's family entitled to restitution is receiving income withholding payments under this act, the obligeevictim or the victim's family shall give written notice of any change of address, within seven days after the change to the public office or clerk of the district court through which the obligee receives the pay- ments. (b) The obligee or public office shall provide written notice to the clerk of the district court of any other criminal cost payments made , including, but not limited to, a setoff under federal or state law, a collec- tion of unemployment compensation pursuant to K.S.A. 44-718, and amendments thereto, or aby direct payment from the obligor to the obligee. The clerk of the district court issuing the order for criminal costs or other designated person shall record the amounts reported in such notices. (c) Any public office and clerk of court which collects, disburses or receives payments pursuant to income withholding orders shall maintain -complete, accurate and clear records of all payments and their disburse- ment. Certified copies of payment records maintained by a public office or clerk of court shall, without further proof, be admitted into evidence in any legal proceedings which concern the issue of income withholding for criminal costs. New Sec. 9. An obligor whose income is being withheld or who has been served with a notice of intent to issue an income withholding ordershall provide written notice to the obligee, the public office, orthe clerk of the district court of any new payor or change of address, within seven days of the change. New Sec. 10. If an obligor derives income from self-employment, receives income from some source not subject to the jurisdiction of the court or receives income by any other method which makes the appli- cation of this act impracticable, the court may require the obligor to post security or bond or give some other guarantee to secure the payment of current and overdue criminal costs. If the obligor fails to pay costs as ordered, the court may collect on the bond or may declare a forfeiture of all or a portion of the security or other guarantee and apply the amounts collected as payment on the criminal cost arrearages. An obligor who derives income from self-employment shall be subject to the provisions of this act as a payor of income to the obligor's self. New Sec. 11. (a) Nothing in this act shall limit the authority of an obligee or public office to use any and all civil and criminal remedies in addition to withholding to enforce an order for criminal costs. (b) Nothing in this act shall limit the filing of any action to modify thean order for criminal costs by the obligor. (c) The rights, remedies, duties and penalties created by this act are in addition to and not in substitution for any other rights, remedies, duties and penalties created by any other law. Sec. 12. K.S.A. 1996 Supp. 21-4603d is hereby amended to read as follows: 21-4603d. (a) Whenever any person has been found guilty of a crime, the court may adjudge any of the following: (1) Commit the defendant to the custody of the secretary of correc- tions if the current crime of conviction is a felony and the sentence pre- sumes imprisonment, or the sentence imposed is a dispositional departure to imprisonment; or, if confinement is for a misdemeanor, to jail for the term provided by law; (2) impose the fine applicable to the offense; (3) release the defendant on probation if the current crime of con- viction and criminal history fall within a presumptive nonprison category or through a departure for substantial and compelling reasons subject to such conditions as the court may deem appropriate. The court may issue an order for the withholding of income to enforce the order for criminal -costs, pursuant to sections 1 through 11, and amendments thereto, as a condition of probation or upon the defendant violating a condition of probation.In felony cases except for violations of K.S.A. 8-1567 and amendments thereto, the court may include confinement in a county jail not to exceed 30 days, which need not be served consecutively, as a con- dition of probation or community corrections placement; (4) assign the defendant to a community correctional services pro- gram in presumptive nonprison cases or through a departure for substan- tial and compelling reasons subject to such conditions as the court may deem appropriate, including orders requiring full or partial restitution; (5) assign the defendant to a conservation camp for a period not to exceed 180 days as a condition of probation followed by a 180-day period of follow-up through adult intensive supervision by a community correc- tional services program, if the offender successfully completes the con- servation camp program. If the defendant was classified in grid blocks 3- G, 3-H or 3-I of the sentencing guidelines grid for drug crimes, the court may impose a nonprison sanction on the condition that the offender com- plete the program at the Labette correctional conservation camp. Such a placement decision shall not be considered a departure and shall not be subject to appeal; (6) assign the defendant to a house arrest program pursuant to K.S.A. 21-4603b and amendments thereto; (7) order the defendant to attend and satisfactorily complete an al- cohol or drug education or training program as provided by subsection (3) of K.S.A. 21-4502 and amendments thereto; (8) order the defendant to repay the amount of any reward paid by any crime stoppers chapter, individual, corporation or public entity which materially aided in the apprehension or conviction of the defendant; or repay the amount of any public funds utilized by a law enforcement agency to purchase controlled substances from the defendant during the investigation which leads to the defendant's conviction. Such repayment of the amount of any public funds utilized by a law enforcement agency shall be deposited and credited to the same fund from which the public funds were credited to prior to use by the law enforcement agency; (9) impose any appropriate combination of (1), (2), (3), (4), (5), (6), (7) and (8); or (10) suspend imposition of sentence in misdemeanor cases. In addition to or in lieu of any of the above, the court shall order the defendant to pay restitution, which shall include, but not be limited to, damage or loss caused by the defendant's crime, unless the court finds compelling circumstances which would render a plan of restitution un- workable. If the court finds a plan of restitution unworkable, the court shall state on the record in detail the reasons therefor. -If the court orders restitution, the restitution shall be a judgment against the defendant which may be collected by the court by garnishment or other execution as on judgments in civil cases. If, after 60 days from the date restitution is ordered by the court, a defendant is found to be in noncompliance with the plan established by the court for payment of restitution, and the victim to whom restitution is ordered paid has not initiated proceedings in accordance with K.S.A. 60-4301 et seq. and amendments thereto, the court shall assign an agent procured by the attorney general pursuant to K.S.A. 1996 Supp. 75-719 and amendments thereto to collect the restitution on behalf of the victim. The administra- tive judge of each judicial district may assign such cases to an appropriate division of the court for the conduct of civil collection proceedings. Pursuant to the provisions of sections 1 through 11 and amend- ments thereto, the court may issue an order for the withholding of income to enforce any order for costs, fees, restitution, reparation, reimbursement or fines entered pursuant to the provisions of this section. In addition to or in lieu of any of the above, the court shall order the defendant to submit to and complete an alcohol and drug evaluation, and pay a fee therefor, when required by subsection (4) of K.S.A. 21-4502 and amendments thereto. In imposing a fine the court may authorize the payment thereof in installments. In releasing a defendant on probation, the court shall direct that the defendant be under the supervision of a court services officer. If the court commits the defendant to the custody of the secretary of cor- rections or to jail, the court may specify in its order the amount of res- titution to be paid and the person to whom it shall be paid if restitution is later ordered as a condition of parole or conditional release. When a new felony is committed while the offender is incarcerated and serving a sentence for a felony or while the offender is on probation, assignment to a community correctional services program, parole, con- ditional release, or postrelease supervision for a felony, a new sentence shall be imposed pursuant to the consecutive sentencing requirements of K.S.A. 21-4608, and amendments thereto, and the court may sentence the offender to imprisonment for the new conviction, even when the new crime of conviction otherwise presumes a nonprison sentence. In this event, imposition of a prison sentence for the new crime does not con- stitute a departure. Prior to imposing a dispositional departure for a defendant whose of- fense is classified in the presumptive nonprison grid block of either sen- tencing guideline grid, prior to sentencing a defendant to incarceration whose offense is classified in grid blocks 5-H, 5-I or 6-G of the sentencing guidelines grid for nondrug crimes, or prior to revocation of a nonprison -sanction of a defendant whose offense is classified in the presumptive nonprison grid block of either sentencing guideline grid or grid blocks 5- H, 5-I or 6-G of the sentencing guidelines grid for nondrug crimes, the court shall consider placement of the defendant in the Labette correc- tional conservation camp. Pursuant to this paragraph the defendant shall not be sentenced to imprisonment if space is available in the conservation camp and the defendant meets all of the conservation camp's placement criteria unless the court states on the record the reasons for not placing the defendant in the conservation camp. The court in committing a defendant to the custody of the secretary of corrections shall fix a term of confinement within the limits provided by law. In those cases where the law does not fix a term of confinement for the crime for which the defendant was convicted, the court shall fix the term of such confinement. (b) Dispositions which do not involve commitment to the custody of the secretary of corrections shall not entail the loss by the defendant of any civil rights. (c) This section shall not deprive the court of any authority conferred by any other Kansas statute to decree a forfeiture of property, suspend or cancel a license, remove a person from office, or impose any other civil penalty as a result of conviction of crime. (d) An application for or acceptance of probation or assignment to a community correctional services program shall not constitute an acqui- escence in the judgment for purpose of appeal, and any convicted person may appeal from such conviction, as provided by law, without regard to whether such person has applied for probation, suspended sentence or assignment to a community correctional services program. (e) The secretary of corrections is authorized to make direct place- ment to the Labette correctional conservation camp of an inmate sen- tenced to the secretary's custody if the inmate: (1) Has been sentenced to the secretary for a probation revocation or as a departure from the presumptive nonimprisonment grid block of either sentencing grid; and (2) otherwise meets admission criteria of the camp. If the inmate suc- cessfully completes the 180-day conservation camp program, the secre- tary of corrections shall report such completion to the sentencing court and the county or district attorney. The inmate shall then be assigned by the court to 180 days of follow-up supervision conducted by the appro- priate community corrections services program. The court may also order that supervision continue thereafter for the length of time authorized by K.S.A. 21-4611 and amendments thereto. (f) When it is provided by law that a person shall be sentenced pur- suant to K.S.A. 1993 Supp. 21-4628, prior to its repeal, the provisions of this section shall not apply. - Sec. 13. K.S.A. 21-4607 is hereby amended to read as follows: 21-4607. (1) When the law authorizes any other disposition, a fine shall not be imposed as the sole and exclusive punishment unless having regard to the nature and circumstances of the crime and to the history and character of the defendant, the court is of the opin- ion that the fine alone suffices for the protection of the public. (2) The court shall not sentence a defendant to pay a fine in addition to a sentence of imprisonment, probation or assignment to a community correctional services program unless: (a) The defendant has derived a pecuniary gain from the crime; or (b) the court is of the opinion that a fine is adapted to deterrence of the crime involved or to the correction of the offender. (3) In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the de- fendant and the nature of the burden that its payment will impose. (4) Pursuant to the provisions of sections 1 through 11 and amend- ments thereto, the court may issue an order for the withholding of income to enforce any order for fines entered pursuant to the provisions of this section. Sec. 14. K.S.A. 21-4610 is hereby amended to read as follows: 21-4610. (a) Except as required by subsection (d), nothing in this section shall be construed to limit the authority of the court to im- pose or modify any general or specific conditions of probation, sus- pension of sentence or assignment to a community correctional serv- ices program, except that the court shall condition any order granting probation, suspension of sentence or assignment to a com- munity correctional services program on the defendant's obedience of the laws of the United States, the state of Kansas and any other jurisdiction to the laws of which the defendant may be subject. (b) The court services officer or community correctional serv- ices officer may recommend, and the court may order, the imposi- tion of any conditions of probation, suspension of sentence or as- signment to a community correctional services program. For crimes committed on or after July 1, 1993, in presumptive nonprison cases, the court services officer or community correctional services officer may recommend, and the court may order, the imposition of any conditions of probation or assignment to a community correctional services program. The court may at any time order the modification of such conditions, after notice to the court services officer or com- munity correctional services officer and an opportunity for such officer to be heard thereon. The court shall cause a copy of any such order to be delivered to the court services officer and the pro- -bationer or to the community correctional services officer and the community corrections participant, as the case may be. (c) The court may impose any conditions of probation, suspen- sion of sentence or assignment to a community correctional services program that the court deems proper, including but not limited to requiring that the defendant: (1) Avoid such injurious or vicious habits, as directed by the court, court services officer or community correctional services of- ficer; (2) avoid such persons or places of disreputable or harmful character, as directed by the court, court services officer or com- munity correctional services officer; (3) report to the court services officer or community correc- tional services officer as directed; (4) permit the court services officer or community correctional services officer to visit the defendant at home or elsewhere; (5) work faithfully at suitable employment insofar as possible; (6) remain within the state unless the court grants permission to leave; (7) pay a fine or costs, applicable to the offense, in one or sev- eral sums and in the manner as directed by the court; (8) support the defendant's dependents; (9) reside in a residential facility located in the community and participate in educational, counseling, work and other correctional or rehabilitative programs; (10) perform community or public service work for local gov- ernmental agencies, private corporations organized not for profit, or charitable or social service organizations performing services for the community; (11) perform services under a system of day fines whereby the defendant is required to satisfy fines, costs or reparation or resti- tution obligations by performing services for a period of days de- termined by the court on the basis of ability to pay, standard of living, support obligations and other factors; (12) participate in a house arrest program pursuant to K.S.A. 21-4603b, and amendments thereto; or (13) in felony cases, except for violations of K.S.A. 8-1567 and amendments thereto, be confined in a county jail not to exceed 30 days, which need not be served consecutively. (d) In addition to any other conditions of probation, suspension of sentence or assignment to a community correctional services pro- gram, the court shall order the defendant to comply with each of the following conditions: -(1) Make reparation or restitution to the aggrieved party for the damage or loss caused by the defendant's crime, in an amount and manner determined by the court and to the person specified by the court, unless the court finds compelling circumstances which would render a plan of restitution unworkable. If the court finds a plan of restitution unworkable, the court shall state on the record in detail the reasons therefor; (2) pay the probation or community correctional services fee pursuant to K.S.A. 21-4610a, and amendments thereto; and (3) reimburse the state general fund for all or a part of the ex- penditures by the state board of indigents' defense services to pro- vide counsel and other defense services to the defendant. In deter- mining the amount and method of payment of such sum, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of such sum will impose. A defendant who has been required to pay such sum and who is not willfully in default in the payment thereof may at any time petition the court which sentenced the defendant to waive payment of such sum or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may waive payment of all or part of the amount due or modify the method of payment. (e) Pursuant to the provisions of sections 1 through 11 and amend- ments thereto, the court may issue an order for the withholding of income to enforce any order for costs, fees, restitution, reparation, reimbursement or fines entered pursuant to the provisions of this section. Sec. 15. K.S.A. 21-4610a is hereby amended to read as follows: 21-4610a. (a) Each person placed under the probation supervision of a court services officer or other officer or employee of the judicial branch by a judge of the district court under K.S.A. 21-4610 and amendments thereto and each person assigned to a community cor- rectional services program shall pay a probation or community cor- rectional services fee. If the person was convicted of a misdemeanor, the amount of the probation services fee is $25 and if the person was convicted of a felony, the amount of the probation or commu- nity correctional services fee is $50, except that in any case the amount of the probation or community correctional services fee specified by this section may be reduced or waived by the judge if the person is unable to pay that amount. (b) The probation or community correctional services fee im- posed by this section shall be charged and collected by the district court. Pursuant to the provisions of sections 1 through 11 and amend- -ments thereto, the court may issue an order for the withholding of income to enforce any order for fees entered pursuant to the provisions of this section. The clerk of the district court shall remit at least monthly all revenues received under this section from probation or com- munity correctional services fees to the state treasurer. Upon re- ceipt of each such remittance, the state treasurer shall deposit the entire amount thereof in the state treasury to the credit of the state general fund. (c) This section shall not apply to persons placed on probation or released on parole to reside in Kansas under the uniform act for out-of-state parolee supervision. Sec. 16. K.S.A. 22-3801 is hereby amended to read as follows: 22-3801. (a) If the defendant in a criminal case is convicted, the court costs shall be taxed against the defendant and shall be a judg- ment against the defendant which may be enforced as judgments for payment of money in civil cases. (b) Jury fees are not court costs and shall be paid by the county in all criminal cases. (c) Whenever jury fees are paid by the county in a case in which the defendant was a person who had been committed to an institu- tion under the control of the secretary of corrections and had not been finally discharged or released from the institution, the de- partment of corrections shall reimburse the county for jury fees paid by the county. The reimbursement shall be paid from funds made available by the legislature for that purpose. (d) The county shall not be reimbursed for the cost of employing a special prosecutor. (e) Pursuant to the provisions of sections 1 through 11 and amend- ments thereto, the court may issue an order for the withholding of income to enforce any order for costs entered pursuant to the provisions of this section. Sec. 13.17. K.S.A. 21-4607, 21-4610, 21-4610a and 22-3801 and K.S.A. 1996 Supp. 21-4603d isare hereby repealed. Sec. 14.18. This act shall take effect and be in force from and after its publication in the statute book.