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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-
  tion sections.
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 for in 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 made case.
  (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 order and 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 subcontractor
contractor 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 probation At 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 office district 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 office the 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 cost restitution payments are undeliverable to the
obligee a 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 obligee a victim or a victim's family entitled
to restitution is receiving income withholding payments under this act,
the obligee victim 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 a by 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 order
shall provide written notice to the obligee, the public office, or the 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
the an 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 is are hereby repealed.
  Sec. 14. 18.  This act shall take effect and be in force from and after
its publication in the statute book.