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 Fredericktown Municipal Division of the 24th
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.
Domestic Violence Shelter. There shall also be assessed a cost
of four dollars ($4.00) per case for the purpose of providing operating
expenses for shelters for battered persons as set out in Section 488.607,
RSMo.
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 Section 125.320(A)(9) hereof.
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 Fredericktown 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.
The Judicial Education Fund and the Appointed Counsel Fund for the
Municipal Court for the City of Fredericktown, Missouri, is hereby
established pursuant to Section 479.260.1, RSMo. The funds shall be
maintained pursuant to the provisions of said Statute.
The Municipal Court Clerk is hereby authorized to retain one
dollar ($1.00) out of court costs assessed for each case disposed
of by the Municipal Court, a Judicial Education Fund and an Appointed
Counsel Fund having been established by the Municipal Court. All of
such funds collected shall be deposited in separate accounts under
the control of the Municipal Court. All of the collected funds shall
be allocated to the Judicial Education Fund until such time as a balance
of two thousand dollars ($2,000.00) is reached. Thereafter, one-half
(1/2) of such funds collected shall be allocated to each of the two
(2) funds.
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.
At such time as the Judicial Education Fund contains one thousand
five hundred dollars ($1,500.00) for each Judge, Administrator or
Clerk of the Municipal Court and the Appointed Counsel Fund contains
five thousand dollars ($5,000.00), the Municipal Court Clerk shall
cease collecting for said funds. Collection shall resume when the
balance of either fund falls below the prescribed amount.
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.
Court Automation Fund. An additional sum of seven dollars ($7.00)
shall be assessed and payable to the Director of Revenue for the Statewide
Court Automation Fund.[2]
Editor's Note: Former Subsection (A)(12), regarding Sheriffs'
Retirement Fund, which derived from Ord. No. 16-20, 6-13-2016, was
repealed 6-14-2021 by Ord. No. 21-12.