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Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

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A standard $100 “probation supervision” fee that had been charged to juvenile offenders in Washtenaw County had no statutory basis and is therefore invalid, the Michigan Court of Appeals held in <em><a href="http://publicdocs.courts.mi.gov/OPINIONS/FINAL/COA/20170420_C329941_51_329941.OPN.PDF" target="_blank" rel="noreferrer noopener">In re Taylor Anne Killich</a></em>, No. 329941.

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After pleading no contest to a charge for poisoning food, drink, medicine, or water supply, Killich was ordered to do at least 20 hours of community service and, among other things, pay a a $100 probation-supervision fee related to her three months of probation. &nbsp;The fee would go to the Washtenaw County General Fund. &nbsp;The prosecution argued that this fee is supported by three different subsections of the Juvenile Code, in MCL 712A.18.&nbsp; The Defendant objected to the fee, and the trial court imposed the fee over her objection.&nbsp;

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The Court of Appeals reversed.&nbsp; The COA held that none of the three statutory justifications advanced by the prosecution sustained the $100 fee.&nbsp; First, under MCL 712A.18(1)(b), a juvenile who commits a felony is required to pay a minimum cost for state costs for the juvenile’s probation.&nbsp; But the statute only authorizes $68.&nbsp; Thus, the COA held that this did not authorize the higher probation-supervision fee of $100.

Second, under MCL 712A.18(12), a court can order an assessment fee of $25 from juvenile offenders when the offense in question would be an adult felony, misdemeanor, or ordinance violation.&nbsp; The $25 goes towards crime victim’s rights services.&nbsp; The COA held this did not support the $100 fee because the statute in no way speaks to a $100 probation-supervision fee.&nbsp; Further, although adult offenders can be given a higher assessment, Defendant could not be charged more than $25 for an assessment fee because she was a juvenile.

Third, under MCL 712A.18(3), a court can order a reimbursement for the cost of care or service.&nbsp; The COA held, however, that the $100 fee charged to the defendant was not a reimbursement.&nbsp; The statute specifically states that the reimbursement is for <em>the </em>cost of service, as in a specific cost already incurred.&nbsp; The $100 fee here was a standard fee charged to any juvenile on probation; it was not a specific reimbursement for the cost of service.&nbsp; There was no evidence presented to show that the $100 was either less than or equal to the cost of service.&nbsp; Thus, this could not justify the imposition of the fee.

Accordingly, the COA vacated the $100 probation-supervision fee and remanded for a corrected order of disposition.

Labor and Employment

COA: $100 probationary fine for juvenile offenders has no statutory basis

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