[Ord. No. 2008-398, 1-22-2008]
In addition to such other authority as exists to order conditions
of probation, the Court may order such conditions as the Court believes
will serve to compensate the victim, any dependent of the victim or
society. The Court may order the assessment of a shock fine so long
as such amount is within the range of punishment authorized by ordinance
or law for the offense charged; and the Court may authorize the assessment
of such shock fine even if the Court suspends either the imposition
or execution of sentence as a condition of probation.
When a fine is assessed for violation of an ordinance, it shall
be within the discretion of the Judge assessing the fine to provide
for the payment of the fine on an installment basis under such terms
and conditions as he/she may deem appropriate.
[Ord. No. 2002-344 §§1
— 2, 9-17-2002; Ord. No. 2007-396 §1, 11-5-2007; Ord. No. 2013-446 §1, 8-20-2013; Ord.
No. 2021-534, 6-1-2021; Ord. No. 2021-536, 8-17-2021]
A. In addition to any fine that may be imposed by the Municipal Judge
in any case filed in the Goodman Municipal Division of the 40th Judicial
Circuit Court, and in addition to all other fees authorized or required
by law, there shall be assessed as costs the following:
1.
Costs of Court in the amount of twelve dollars ($12.00).
a.
Eleven dollars ($11.00) for clerk fee.
b.
One dollar ($1.00) for judicial education.
2.
Police Officer training fee. A fee of three
dollars ($3.00) is hereby established and assessed as additional Court
costs in each Court proceeding, except that no such fee shall be collected
when the proceedings against the defendant have been dismissed.
a.
Two dollars ($2.00) of each such Court cost shall be transmitted
monthly to the Treasurer of the City and used to pay for Police Officer
training as provided by Sections 590.100 to 590.180, RSMo. The City
shall not retain for training purposes more than one thousand five
hundred dollars ($1,500.00) of such funds for each certified Law Enforcement
Officer or candidate for certification employed by the City. Any excess
funds shall be transmitted quarterly to the City's General Fund.
b.
One dollar ($1.00) of each such Court cost shall be sent to
the State Treasury to the credit of the Peace Officers Standards and
Training Commission Fund created by Section 590.178, RSMo.
3.
Crime Victims' Compensation Fund. An additional sum of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection
(A)(1) of this Section, provided that no such cost shall be collected in any proceeding when the proceeding or the defendant has been dismissed by the Court. All sums collected pursuant to this Subsection shall be paid at least monthly as follows:
a.
Ninety-five percent (95%) of such fees shall be paid to the
Director of Revenue of the State of Missouri for deposit as provided
in Section 595.045.6, RSMo.
b.
Five percent (5%) shall be paid to the City Treasury.
4.
Reimbursement Of Certain Costs Of Arrest.
a.
Upon a plea or a finding of guilty of violating the provisions of Sections
342.020 or
342.030 of this Code or any ordinance of the City of Goodman involving alcohol- or drug-related traffic offenses, the Court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the Police Department for the costs associated with such arrest.
b.
Such costs hereby authorized shall include the reasonable cost
of making the arrest, including the cost of any chemical test made
as authorized or required by law or ordinance to determine the alcohol
or drug content of the person's blood, and the costs of processing,
charging, booking and holding such person in custody.
c.
The Chief of Police may establish a schedule of such costs hereby
authorized and shall submit the same to the Municipal Judge. However,
the Court may order the costs reduced if it determines that the costs
are excessive.
d.
Upon receipt of such additional costs authorized by this Subsection,
the City Treasurer shall retain such costs in a separate fund to be
known as the "DWI/Drug Offense Cost Reimbursement Fund." Monies within
such fund shall be appropriated by the Board of Aldermen to the Police
Department in amounts equal to those costs so collected and shall
be used by such department specifically to enhance and support the
enforcement and prosecution of alcohol- and drug-related traffic laws
within the City.
5.
Judicial Education.
a.
Court costs of twelve dollars which the sum of one dollar ($1.00)
is earmarked for judicial education.
b.
The City Clerk is hereby authorized to establish and maintain
a separate fund for said judicial education.
6.
Court Automation Fee. In addition to any cost
which may be assessed by the municipal division pursuant to Statute,
ordinance or court rule, in every proceeding filed in the municipal
division for violation of an ordinance, a surcharge of seven dollars
($7.00) shall be assessed. Such surcharge shall also be assessed in
cases in which pleas of guilty are processed in the Violations Bureau.
No such surcharge shall be collected when the proceeding or defendant
has been dismissed by the Court, when costs are waived or when costs
are paid to the City. Such surcharge shall be collected by the Municipal
Court and transmitted monthly to the Missouri Director of Revenue
to the credit of the Missouri Statewide Court Automation Fund as provided
in Sections 488.012.3(5) and 488.027.2, RSMo.
Notwithstanding any provision of law, Supreme Court Rule, or
Court Operating Rule, in a proceeding for a municipal ordinance violation
or any other proceeding before a Municipal Court if the charge carries
the possibility of fifteen (15) days or more in jail or confinement,
a defendant shall not be charged any fee for obtaining a police report,
probable cause statement, or any video relevant to the traffic stop
or arrest. Such police report, probable cause statement, or video
shall be provided by the prosecutor upon written request by the defendant
for discovery.