HISTORICAL NOTES

2011 Orders

The September 8, 2011, order rewrote the rule text; added the committee note; and amended the source note. Prior to amendment, the rule read:

“A judgment of conviction or a disposition by probation before judgment or an accepted plea of nolo contendere shall include an assessment of court costs against the defendant unless otherwise ordered by the court.”

Committee note: This Rule requires the court to consider a defendant’s ability to pay court costs assessed pursuant to Code, Courts Article § 7-409 separately from the defendant’s ability to pay all other court costs. In doing so, the court must make clear whether it is waiving costs under subsection (a) of this Rule, subsection (b) of this Rule, or both.

Code, Courts Article, § 7-405 directs that § 7-409 costs may not be waived “unless the defendant establishes indigency as provided in the Maryland Rules. Coupled with Rule 4-354, the Rule addresses the fact that indigence, for purposes of these special costs, should not be found merely because a defendant may be indigent for other purposes. The special costs are modest in amount; they are not part of the sentence but are instead enforceable as a civil judgment which, subject to renewal, is valid for 12 years; and they are not in the nature of pre-paid costs and do not have to be paid at the time of sentencing unless the court so directs. By statute, these costs are used solely to support victim services.