Washington v. Hardtke (Majority)
Annotate this CaseFrederick Hardtke was charged with two counts of second degree rape, one count of second degree assault, two counts of fourth degree assault, and malicious mischief. All were alleged to be acts of domestic violence that took place while Hardtke claimed he was blacked out from alcohol abuse. At his arraignment, the trial court imposed conditions of release, including that Hardtke not consume alcohol, pay a performance bond, and wear an electronic alcohol monitoring bracelet while awaiting trial. Hardtke objected multiple times to paying for the cost of the bracelet, but he wore the bracelet as a condition of his release. Hardtke eventually pleaded guilty to amended charges, and as part of his sentence he was ordered to reimburse the county for the cost of the alcohol monitoring. He appealed, challenging only the imposition of this cost. The Court of Appeals affirmed. The Supreme Court held that under the facts of this case, the costs for an electronic alcohol monitoring bracelet fit under the statutory meaning of "pretrial supervision." Because the trial court imposed nearly $4,000 in monitoring costs, the reversed and remanded for imposition of costs consistent with the statute.
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