When deferred disposition is granted, when may the court impose the special expense fee?

• A. Only upon completion of terms.
• B. After the deferral period ends.
• C. Before the end of the deferral period.
• D. At the moment of grant.

Answer: (C)

The timing hinges on the court’s authority during the deferral period. When deferred disposition is granted, the defendant is placed under terms to comply for a set period, and the court can impose costs intended to cover the proceeding, such as a special expense fee, while it still retains jurisdiction over the case. Because the deferral period is the window in which the court can impose and enforce these terms, the fee is best imposed before that period ends. Imposing it at the moment of grant would be premature, since the specific terms and the associated costs are typically set within the deferral framework. Imposing after the deferral ends could fall outside the period of ongoing jurisdiction, and waiting until completion would defeat the purpose of ensuring costs are addressed as part of the deferral. Thus, the fee is imposed prior to the end of the deferral period.