ORS 419C.457
Prohibition on imposition of fines and fees for acts committed by child, youth, adjudicated youth or young person
(1)
A court may not assess any fee or fine under ORS 137.533 (Probation without entering judgment of guilt), 137.540 (Conditions of probation), 409.220 (Services relating to prevention, control and treatment of incest and sexual abuse), 809.267 (Additional fee upon notice of suspension or restriction) or 813.240 (Amount and distribution of filing fee) arising out of the actions of a person who:(a)
Was under 18 years of age at the time of the act or is subject to juvenile court probation; and(b)
Was not waived to circuit court for prosecution as an adult under ORS 419C.340 (Authority to waive youth to adult court).(2)
The fees and fines described in subsection (1) of this section may not be assessed against the child, youth, youth offender, young person or, if the fee or cost would be assessed after the person attains the age of 18, the person, or against the parent or guardian of the child, youth, youth offender, young person or person. [2021 c.597 §6](a)
There remains a balance due, including post-judgment interest, penalties or collection expenses, on the judgment as of the operative date specified in section 79 (1) of this 2021 Act; and(b)
Section 6 of this 2021 Act [419C.457 (Prohibition on imposition of fines and fees for acts committed by child, youth, adjudicated youth or young person)], the amendments to statutes and session law by sections 2 to 4, 7 to 36a and 38 to 76 of this 2021 Act and the repeal of ORS 419C.203, 419C.449, 419C.459, 419C.590, 419C.592, 419C.595, 419C.597 and 419C.600 by section 37 of this 2021 Act remove or repeal the underlying statutory authority for or would prohibit the assessment of the fee, cost or other monetary obligation included in the judgment if the judgment had been entered after the operative date specified in section 79 (1) of this 2021 Act.(2)
Nothing in this section creates a right of reimbursement to a youth, youth offender or young person or the parent or guardian of a youth, youth offender or young person, and a court may not reimburse a youth, youth offender or young person or the parent or guardian of a youth, youth offender or young person, for fines, fees, costs or other monetary obligations the youth, youth offender or young person or the parent or guardian of a youth, youth offender or young person paid on or before the operative date specified in section 79 (1) of this 2021 Act to satisfy a lawful order or judgment that was entered before the operative date specified in section 79 (1) of this 2021 Act.(3)
The court administrator, as defined in ORS 18.005 (Definitions), may not charge any fees associated with the satisfaction of a judgment under subsection (1) of this section.(4)
The Chief Justice of the Supreme Court may make any order or adopt any rules, and the State Court Administrator may establish any policies or procedures, necessary to carry out the provisions of this section. [2021 c.597 §77]
Source:
Section 419C.457 — Prohibition on imposition of fines and fees for acts committed by child, youth, adjudicated youth or young person, https://www.oregonlegislature.gov/bills_laws/ors/ors419C.html.
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