Bill Text: NC H1092 | 2013-2014 | Regular Session | Amended
Bill Title: Enforce Payment of Criminal Mediation Fee
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-06-11 - Ref To Com On Judiciary II [H1092 Detail]
Download: North_Carolina-2013-H1092-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H 2
HOUSE BILL 1092
Committee Substitute Favorable 6/4/14
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Short Title: Enforce Payment of Criminal Mediation Fee. |
(Public) |
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Sponsors: |
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Referred to: |
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May 19, 2014
A BILL TO BE ENTITLED
AN ACT to provide a mechanism for enforcing payment of the criminal mediation fee, As recommended by the Legislative Research Commission's Committee on Judicial Efficiency and EFFECTIVE ADMINISTRATION OF JUSTICE AND TO ALLOW THE CONFERENCE OF CHIEF DISTRICT JUDGES TO PRESCRIBE UNIFORM STATEWIDE PRESUMPTIVE GUIDELINES FOR THE COMPUTATION OF RETROACTIVE CHILD SUPPORT OBLIGATIONS.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 7A‑38.7 reads as rewritten:
"§ 7A‑38.7. Dispute resolution fee for cases resolved in mediation.
(a) In each criminal case filed in the General Court of Justice that is resolved through referral to a community mediation center, a dispute resolution fee shall be assessed in the sum of sixty dollars ($60.00) per mediation to support the services provided by the community mediation centers and the Mediation Network of North Carolina. Prior to mediation, the parties shall be notified of the fee and the fee shall be paid as part of any mediation that results in dismissal. Fees assessed under this section shall be paid to the clerk of superior court in the county where the case was filed and remitted by the clerk to the Mediation Network of North Carolina. The Mediation Network may retain up to three dollars ($3.00) of this amount as an allowance for its administrative expenses. The Mediation Network must remit the remainder of this amount to the community mediation center that mediated the case. The court may waive or reduce a fee assessed under this section only upon entry of a written order, supported by findings of fact and conclusions of law, determining there is just cause to grant the waiver or reduction.
(b) No criminal case shall be dismissed through referral to mediation unless the full amount of the dispute resolution fee as required by subsection (a) of this section is paid within 45 days of the completion of the mediation. If payment has not been made within that time, the case shall be remanded back to the court for disposition. Before providing the district attorney with a dismissal form, the community mediation center shall require proof that the defendant has paid the dispute resolution fee as required by subsection (a) of this section and shall attach the receipt to the dismissal form."
SECTION 2. G.S. 50‑13.4(c1) reads as rewritten:
"(c1) Effective July 1, 1990, the Conference of
Chief District Judges shall prescribe uniform statewide presumptive guidelines
for the computation of child support obligations obligations,
including retroactive support obligations, of each parent as provided in
Chapter 50 or elsewhere in the General Statutes and shall develop criteria for
determining when, in a particular case, application of the guidelines would be
unjust or inappropriate. Prior to May 1, 1990 these guidelines and criteria
shall be reported to the General Assembly by the Administrative Office of the
Courts by delivering copies to the President Pro Tempore of the Senate and the
Speaker of the House of Representatives. The purpose of the guidelines and
criteria shall be to ensure that payments ordered for the support of a minor
child are in such amount as to meet the reasonable needs of the child for
health, education, and maintenance, having due regard to the estates, earnings,
conditions, accustomed standard of living of the child and the parties, the
child care and homemaker contributions of each party, and other facts of the
particular case. The guidelines shall include a procedure for setting child
support, if any, in a joint or shared custody arrangement which shall reflect
the other statutory requirements herein.
Periodically, but at least once every four years, the Conference of Chief District Judges shall review the guidelines to determine whether their application results in appropriate child support award amounts. The Conference may modify the guidelines accordingly. The Conference shall give the Department of Health and Human Services, the Administrative Office of the Courts, and the general public an opportunity to provide the Conference with information relevant to the development and review of the guidelines. Any modifications of the guidelines or criteria shall be reported to the General Assembly by the Administrative Office of the Courts before they become effective by delivering copies to the President Pro Tempore of the Senate and the Speaker of the House of Representatives. The guidelines, when adopted or modified, shall be provided to the Department of Health and Human Services and the Administrative Office of the Courts, which shall disseminate them to the public through local IV‑D offices, clerks of court, and the media.
Until July 1, 1990, the advisory guidelines adopted by the Conference of Chief District Judges pursuant to this subsection as formerly written shall operate as presumptive guidelines and the factors adopted by the Conference of Chief District Judges pursuant to this subsection as formerly written shall constitute criteria for varying from the amount of support determined by the guidelines."
SECTION 3. Section 1 of this act becomes effective October 1, 2014, and applies to criminal cases referred to mediation on or after that date. The remainder of this act is effective when it becomes law.
