New Notice Requirements for Waivers and Remissions of Certain Monetary Obligations

On December 1, 2017, two new rules will kick in for waivers and remissions of costs, fines, and restitution. Today’s post offers some preliminary thoughts on those new rules. The rules for waiving monetary obligations in criminal cases—court costs in particular—have evolved quickly over the past 6 years. In 2011, the General Assembly made costs applicable by default in active cases, instituted a rule that costs could be waived only when the court found “just cause” for the waiver, and began tracking waivers more carefully. In 2012 the legislature required written findings on the determination of “just cause.” In 2014, costs waivers began to be tracked by individual judge. I discussed the latest such report here. The General Assembly added two new rules on waivers and remissions during this year’s legislative session. One pertains to restitution and the other applies to any court fines and costs. Restitution. Session Law 2017-16 added new G.S. 15A-1340.39, which says that “[n]o court may remit all or part of an order of restitution entered pursuant to G.S. 15A-1340.34 without providing notice and an opportunity to be heard to the district attorney and the victim, victim’s estate, or any other entity to which the order directs restitution to be paid.” The notice must be provided by first-class mail at least 15 days prior to the hearing. At the hearing, the district attorney and the victim have the right to be heard and to make an objection to the remission of all or part of the restitution. [...]