[Ord. No. 195 §26, 1-4-1979; Ord. No. 362 §§I — II, 3-1-1993; Ord. No. 434 §§1 — 2, 1-6-1997; Ord. No. 728 §1, 9-1-1999; Ord. No. 1204 §§1 — 3, 11-5-2001; Ord. No. 2063 §§1 — 2, 2-19-2008; Ord. No. 2235 §2, 11-16-2009; Ord. No. 2639 §1, 8-19-2013; Ord. No. 2661 §§1 — 4, 12-2-2013; Ord. No. 3011, 1-10-2017; Ord. No. 3645, 1-26-2021; Ord. No. 3662, 3-16-2021; Ord. No. 3669, 3-23-2021; Ord. No. 4080, 8-13-2024]
A. Definitions. The following words and phrases, as used in this Chapter, shall have the following respective meanings:
1. COURT COSTS. The total of fees, miscellaneous charges, and surcharges imposed in a particular case.
2. FEES. The amount charged for services to be performed by the court.
3. MISCELLANEOUS CHARGES. The amounts allowed by law for services provided by individuals or entities other than the court.
4. SURCHARGES. Additional amounts payable to the State of Missouri or other entity or payable to the City for specific designated purposes that are imposed for specific purposes designated by law and assessed by the court.
B. Court Costs Imposed. When a defendant pleads guilty or is convicted, in addition to any fine that may be imposed, the Municipal Judge shall assess against the defendant as Court costs the following costs, except in those cases where the defendant is found by the Judge to be indigent and unable to pay the costs:
1. Clerk Fees. As set forth in Section
479.260, RSMo., and limited by Section
488.012, RSMo., if the matter is a municipal ordinance violation filed before an Associate Circuit Judge, Court costs will be the amount of fifteen dollars ($15.00).
2. Crime Victims' Compensation Fund. A surcharge of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection
(B)(1) of this Section, for the purpose of the Crime Victims' Compensation Fund established by the State of Missouri, as imposed by Section
595.045, RSMo. 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 State of Missouri for deposit as provided in Section
595.045.5, RSMo.
b. Five percent (5%) shall be paid to the City Treasury as reimbursement for the costs of collection of such State-imposed charge.
3. Law Enforcement Surcharges. A surcharge in the total amount of three dollars ($3.00) is hereby established and assessed in each Court proceeding, itemized as follows:
a. Peace Officer Standards And Training Surcharge. A surcharge in the amount of one dollar ($1.00) as imposed by Section
488.5336, RSMo., for purposes of the Police Officer Standards and Training Commission Fund created by Section
590.178, RSMo. Any sums collected pursuant to this Subsection shall be distributed to the State of Missouri for deposit to the Police Officer Standards and Training Commission Fund.
b. Law Enforcement Training Surcharge. A surcharge in the amount of two dollars ($2.00), as imposed by Section
488.5336, RSMo., for training Law Enforcement Officers:
(1) If the fee is imposed in a Municipal Court, the surcharge shall be collected by the Clerk of the Municipal Court responsible for collecting Court costs and fines and shall be transmitted monthly to the Treasurer of the City and used to pay for law enforcement training as provided by Sections
590.100 through
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.
(2) If the matter is a municipal ordinance violation filed before an Associate Circuit Judge, such surcharge shall be deposited with the Director of Finance who shall place such costs in a special account to be used for training Law Enforcement Officers.
4. Reimbursement Of Certain Costs Of Arrest (Alcohol-Related Traffic Offense Cost Recoupment).
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 St. Robert 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, as set forth in Section
488.5334, RSMo.
c. The Chief of Police shall 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 with 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. Statewide Court Automation Fund. 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 when the Statewide court automation case management system is in operation, a surcharge of seven dollars ($7.00) shall be assessed. The fees shall be forwarded to the Department of Revenue pursuant to Section
476.056, RSMo.
6. Shelters For Battered Persons. There shall also be assessed a two dollar ($2.00) cost per case for each criminal case and each County or municipal ordinance violation case for the purpose of providing operating expenses for shelters for battered persons as set out in Section
488.607, RSMo.
7. Inmate Security Fund.
a. The St. Robert Municipal Court shall assess two dollar ($2.00) Court costs on all criminal cases, pursuant to Section
488.5026, RSMo. This assessment is in addition to the Court costs presently collected pursuant to St. Robert City ordinance.
b. All sums collected pursuant to this Subsection shall be paid at least monthly to the City Treasury. The City Treasurer shall deposit into the account "Inmate Security Fund." Deposited funds are to be used for the development of biometric verification systems. Upon installation of the biometric verification system, funds in the Inmate Security Fund may be used for the maintenance of the biometric verification system, and to pay for any expense related to custody and housing and other expenses for prisoners.
8. Court Costs Prohibited, When. Court costs shall not be assessed when the case is dismissed or when costs are to be paid by the State, County, or City.
9. Judicial Waiver Of Court Costs. Nothing in this Section shall be construed to prohibit or limit the authority of the Municipal Judge to waive fees, miscellaneous charges, and surcharges imposed in a particular case, in whole or in part.