State v. Gross
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The Supreme Court affirmed the decision of the court of appeals affirming the order of the district court approving a sheriff's claim for reimbursement of jail room and board for Defendant's pretrial detention, holding that because the sheriff did not ask that the fees be included in restitution the district court was not required to take into account Defendant's reasonable ability to pay.
Defendant was convicted of arson in the second degree. Thereafter, the sheriff sought recovery of fees under Iowa Code 356.7 for Defendant's 197 days of incarceration at the county jail but did not ask that the fees be included in restitution. The district court ordered Defendant to pay the requested amount. Defendant appealed, arguing that the court should have determined his reasonable ability to pay the jail fees before awarding them. The court of appeals affirmed the order. The Supreme Court affirmed, holding that because the fees were not awarded as part of restitution the amount was not subject to the "reasonable ability to pay" limitations on restitution set forth in Iowa Code chapter 910.
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