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.
A.
In
addition to any fine that may be imposed by the Municipal Judge in
any case filed in the Cottleville Municipal Division of the 11th 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).
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 Court costs set forth 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:
4.
Innate Security Fund. An additional two dollar ($2.00) surcharge shall be assessed and added to the basic Court costs set forth in Subsection (A)(1) of this Section for the Inmate Security Fund. Such surcharge collected shall be transmitted to the City Treasurer for deposit into the "Innate Security Fund" which is hereby created. No such surcharge shall be collected in any proceeding when the proceeding or defendant has been dismissed by the Court or when costs are to be paid by the State, County or municipality. Funds deposited shall be utilized to develop a biometric verification system as provided by Section 488.5026, RSMo. Upon the 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 expenses related to the custody, housing or other expenses of prisoners.
6.
Court Automation Fund. In addition to the other costs authorized
in this Section, there shall be assessed a Statewide Court Automation
Fund fee in the amount of seven dollars ($7.00) in all cases in which
Court costs are taxed. Said fee shall be collected by the Court Clerk
and transmitted monthly to the Missouri Director of Revenue to the
credit of the Missouri Statewide Automation Fund, as provided in Sections
488.012.3(5) and 488.027.2, RSMo.
7.
Other costs, such as for the issuance of a warrant, a commitment
or a summons, as provided before the Associate Circuit Judge in criminal
prosecutions.
8.
Actual costs assessed against the City by the County Sheriff for
apprehension or confinement in the County Jail or costs assessed against
the City by any other detention facility.
9.
Mileage, in the same amount as provided to the Sheriff in criminal
violations, for each mile and fraction thereof the officer must travel
(both directions) in order to serve any warrant or commitment or order
of this Court.
10.
The Cottleville Municipal Division of the 11th Judicial Circuit Court
of the State of Missouri, hereby establishes a Judicial Education
Fund and an Appointed Counsel Fund, each in separate accounts under
the control of the Municipal Court.
a.
One dollar ($1.00) out of each twelve dollars ($12.00) in Court costs collected pursuant to Subsection (A)(1) of this Section shall be retained by the Municipal Court to fund the Judicial Education Fund and the Appointed Counsel Fund. The fees collected by the Municipal Court shall be allocated between the Judicial Education Fund and the Appointed Counsel Fund, as determined by the Municipal Court.
b.
Judicial Education Fund.
(2)
The Municipal Court shall not retain more than one thousand
five hundred dollars ($1,500.00) in the Judicial Education Fund for
each Judge, Administrator or Clerk of the Municipal Court. Any fund
balance in the Judicial Education Fund in excess of one thousand five
hundred dollars ($1,500.00) for each Judge, Administrator or Clerk
of the Municipal Court shall be transmitted quarterly to the General
Revenue Fund of the City of Cottleville Treasury.
c.
Appointed Counsel Fund.
(1)
The Appointed Counsel Fund shall be used exclusively to pay
for the reasonable fees approved by the Court for the appointment
of an attorney to represent any defendant found by the Municipal Judge
to be indigent and unable to pay for legal representation, and where
the rules of the Supreme Court of Missouri or the law prescribes such
appointment.
(2)
The Municipal Court shall not retain more than five thousand
dollars ($5,000.00) in the Appointed Counsel Fund. Any fund balance
in the Appointed Counsel Fund in excess of five thousand dollars ($5,000.00)
shall be transmitted quarterly to the General Revenue Fund of the
City of Cottleville Treasury.
11.
Any other costs that may be assessed against the defendant by the
Municipal Judge in accordance with Section 479.260, RSMo., including
those relating to service charges, witness fees and jail cost that
may otherwise be authorized to be assessed by law.
13.
Any other reasonable cost as may be otherwise provided by ordinance, including, but not limited to, costs of confinement, including any necessary transportation related thereto, medical costs incurred by the City while a defendant is in City custody, and costs related to the arrest and testing of any person for any intoxication-related traffic offense as set out in Subsection (A)(14) hereof.
14.
Reimbursement Of Certain Costs Of Arrest. 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 Cottleville 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. 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. 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. 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.
B.
Expungement
Costs. There shall be assessed as costs a surcharge in the amount
of two hundred fifty dollars ($250.00) on all petitions for expungement
filed under the provisions of Section 610.140, RSMo., as amended.
Such surcharge shall be collected and disbursed by the Court Clerk
as provided by Sections 488.010 to 488.020, RSMo., as amended. Moneys
collected from this surcharge shall be payable to the General Revenue
Fund.
[1]
Editor's Note: Ord. No. 1875 also adopted a Missouri Show
Me Courts Agreement for implementation of automation software, which
agreement is held on file in the City offices.
