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.
In addition to any fine that may be imposed
by the Municipal Judge in any case filed in the Mount Vernon Municipal
Division of the 39th Judicial Circuit Court, and in addition to all
other fees authorized or required by law, there shall be assessed
as costs the following:
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.
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.
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.
Crime Victims' Compensation Fund. An additional sum of seven dollars and 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:
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 595.045.5, RSMo.
There may also be assessed a cost
of up to four dollars ($4.00) per case for each criminal case, including
violations of any County or municipal ordinance, for the purpose of
providing operating expenses for shelters for battered persons as
set out in Section 488.607, RSMo.
Court Automation Charge. There shall be assessed a state court
automation surcharge of seven dollars ($7.00) in all cases in which
court costs are taxed. Said surcharge shall be collected by the Municipal
Court 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.
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.
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.
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.
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 this Section.
Upon a plea or a finding of guilty of violating the provisions of Section 342.020 or 342.030 of this Code or any ordinance of the City of Mount Vernon 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.
A City by ordinance may provide for
fees in an amount per case to be set pursuant to Sections 488.010
to 488.020, RSMo., for each municipal ordinance violation case filed
before a Municipal Judge, and in the event a defendant pleads guilty
or is found guilty, the Judge may assess costs against the defendant
except in those cases where the defendant is found by the Judge to
be indigent and unable to pay the costs. The fees authorized in this
Subsection are in addition to service charges, witness fees and jail
costs that may otherwise be authorized to be assessed, but are in
lieu of other Court costs. The fees provided by this Subsection shall
be collected by the Municipal Division Clerk in municipalities electing
or required to have violations of municipal ordinances tried before
a Municipal Judge pursuant to Section 479.020, RSMo., or to employ
judicial personnel pursuant to Section 479.060, RSMo., and disbursed
as provided in Subsection (1) of Section 479.080, RSMo. Any other
Court costs required in connection with such cases shall be collected
and disbursed as provided in Sections 488.010 to 488.020, RSMo.; provided
that, each Municipal Court may establish a Judicial Education Fund
and an Appointed Counsel Fund, each in separate accounts under the
control of the Municipal Court to retain one dollar ($1.00) of the
fees collected on each case. The fees collected shall be allocated
between the two (2) funds as determined by the Court. The Judicial
Education Fund shall be used only to pay for:
The Appointed Counsel Fund shall
be used only to pay the reasonable fees approved by the Court for
the appointment of an attorney to represent any defendant found by
the Judge to be indigent and unable to pay for legal representation,
and where the Supreme Court rules or the law prescribes such appointment.
Provided further, that no Municipal Court shall 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
and no more than five thousand dollars ($5,000.00) in the Appointed
Counsel Fund. Any excess funds shall be transmitted quarterly to the
General Revenue Fund of the County or Municipal Treasury.
A surcharge of two dollars ($2.00)
shall be assessed as costs in each Court proceeding filed in any Court
in any City adopting such a surcharge, in all violations of any municipal
ordinance; except that no such fee shall be collected in any proceeding
in any Court when the proceeding or the defendant has been dismissed
by the Court or when costs are to be paid by the City. A surcharge
of two dollars ($2.00) shall be assessed as costs in a Juvenile Court
proceeding in which a child is found by the Court to come within the
applicable provisions of Subdivision (3) of Subsection (1) of Section
211.031, RSMo.
The Treasurer shall deposit funds
generated by the surcharge into the "Inmate Security Fund." Funds
deposited shall be utilized to acquire and develop biometric verification
systems and information sharing to ensure that inmates, prisoners,
or detainees in a holding cell facility or other detention facility
or area which holds persons detained only for a shorter period of
time after arrest or after being formally charged can be properly
identified upon booking and tracked within the local law enforcement
administration system, criminal justice administration system, or
the local jail system. Upon the installation of the information sharing
or biometric verification system, funds in the inmate prisoner detainee
security fund may also be used for the maintenance, repair, and replacement
of the information sharing or biometric verification system, and also
to pay for any expenses related to detention, custody, and housing
and other expenses for inmates, prisoners, and detainees.
Work/Construction Zone. Any person
who is convicted or pleads guilty to a speeding violation or passing/overtaking
a vehicle in a work/construction zone when there was any person present
performing duties in the work/construction zone and appropriate signs
were posted stating "Warning: $250 fine for speeding or passing in
this work zone" shall be assessed a fine of two hundred fifty dollars
($250.00) in addition to any other fine assessed; except that any
person assessed the fine of two hundred fifty dollars ($250.00) shall
not also be assessed the fine of thirty-five dollars ($35.00) for
any of the following offenses in a construction or work zone: any
moving violation or violation of speeding, leaving the scene, careless
and imprudent driving, operating without a valid license, operating
with a suspended or revoked license, obtaining a license by misrepresentation,
driving while intoxicated, under the influence or BAC, any felony
offense involving the use of a vehicle, or failure to maintain financial
responsibility.