Maricopa County Jail DUI Costs Go Up
Defendants who serve DUI sentences in county jails are required by law to pay the costs of their incarceration. Courts have discretion to reduce the assessment of jail costs if full the assessment would cause financial hardship on the defendant. These requirements are set forth in 28 A.R.S. § 1444.
The procedure to impose and collect the incarceration costs is as follows: first, when a DUI defendant is booked into custody to serve the sentence, the county bills the sentencing court for the anticipated incarceration costs based on predetermined rates set by the county where the defendant will be serving the sentence. These predetermined rates are set annually by the counties. The court is required to pay the amount to the county no matter what else may happen. Generally, based on the predetermined rates the sentencing court orders the defendant to reimburse the court for the amount it must pay to the county.
The jail cost rates are determined by each county as of the beginning of the fiscal year. As of July 1, 2018, for Fiscal Year 2017-2018, Maricopa County has determined the first day booking cost for the Maricopa County Jail will be $325.65 and the housing rate for each day thereafter is $100.04. Thus the costs for 4 days in the Maricopa County Jail are $341.57. The rates go up every year; by contrast, ten years ago the rates were $189.23 and $72.33, respectively.
In Maricopa County rates for second offense misdemeanor DUIs are 50% of the otherwise applicable rates (or, $162.83 and $50.86). Once Maricopa County learns that a DUI defendant is serving a sentence for a second DUI misdemeanor offense it will reduce the amount it bills the Municipal and Justice Courts by 50%. In anticipation of the lower rates by Maricopa County, the Municipal and Justice Courts are supposed to impose the 50% reduced rate for second offense DUIs, however, some courts routinely refuse to impose the lower rates. In effect, courts can profit from the difference in the rates because the court may order the defendant to pay the higher rate, and collect that amount from the defendant under penalty of going to jail if they do not, even though Maricopa County only requires the court to pay the lower rates. The court therefore is able to pocket the difference. If a defendant is going to be sentenced to serve time in the Maricopa County Jail for a second offense misdemeanor DUI they should insist their lawyer request the court order them to pay the correct second offense rates. DUI Defendants by law are required to pay the costs of their incarceration, but they are not required by law to pay a profit to the court.
Current Maricopa County Jail costs can be found by clicking here.
Gordon Thompson
For more information about Arizona DUI and criminal law issues please contact Gordon Thompson who has used his experience to write a blog on topics of interest. You can also chat with Gordon about your specific questions. Website: https://GordonThompsonAttorney.net
https://www.gordonthompsonattorney.net/
https://www.gordonthompsonattorney.net/blog/
