§ 152.007.Participant Fee for Criminal Dispute Resolution

Three protections, in a section about a program that operates alongside a criminal case.

The fee is capped at $350, set by the commissioners court and collected from a person who receives the services.

An alleged victim may not be charged. The exception is stated in the same sentence as the fee, and it is unconditional.

The fee must be based on the defendant’s ability to pay. A fixed charge would keep the program out of reach for the defendants most likely to be offered it.

Payment can be spread out. Fees may be paid periodically or on a deferred schedule, at the discretion of the judge, magistrate or program director administering the pretrial victim-offender mediation program.

The three rules point the same way. A program that resolves a criminal matter without prosecution should not turn on whether the defendant has $350 today.

The section names the pretrial victim-offender mediation program, which is the setting these fees arise in.

Chapter 154 recognises victim-offender mediation as well, in its definition of mediation and in its confidentiality section.

The victim exception is the first thing to notice. A person harmed by the offense participates without paying, whatever the defendant is charged.