Oregon Statutes 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, 137.540, 409.220, 809.267 or 813.240 arising out of the actions of a person who:
Terms Used In Oregon Statutes 419C.457
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(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.
(2) The fees and fines described in subsection (1) of this section may not be assessed against the child, youth, adjudicated youth, 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, adjudicated youth, young person or person. [2021 c.597 § 6; 2023 c.9 § 32]
Section 77, chapter 597, Oregon Laws 2021, provides:
(1) Any judgment entered prior to the operative date specified in section 79 (1) of this 2021 Act [January 1, 2022] for fines, fees, costs or other monetary obligations is null and void and considered paid in full and satisfied on the operative date specified in section 79 (1) of this 2021 Act if:
(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], 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, 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]
[1993 c.33 § 233; 2003 c.396 § 113; 2011 c.597 § 21; 2021 c.489 § 75; repealed by 2021 c.597 § 37]