(151 Del. Laws, c. 145, 9/10/21)
This Article authorizes the Council to create a Voluntary Assessment Center for the Town of Elsmere.
(151 Del. Laws, c. 145, 9/10/21)
(a)
The Voluntary Assessment Center, once created, has jurisdiction and cognizance of all breaches of the peace, offenses, and violations of a civil or criminal ordinance of the Town committed within the Town's corporate limits for which a voluntary assessment is issued.
(b)
Where an individual elects to contest a charge under the jurisdiction of the Voluntary Assessment Center under subsection (a) of this section, jurisdiction is transferred to the Justice of the Peace Court.
(c)
The Voluntary Assessment Center shall do all of the following:
(1)
Process all uncontested payments of fines, fees, and costs relating to a violation of an ordinance legally enacted or established by the Town that are subject to a voluntary assessment.
(2)
Enter all information required in connection with this Article into the Delaware Criminal Justice Information System (DELJIS) as required by law.
(3)
Notify the Justice of the Peace Court when a hearing is requested. Such notification shall be in accordance with politices and procedures developed by the Justice of the Peace Court.
(151 Del. Laws, c. 145, 9/10/21)
The Voluntary Assessment Center may impose and collect a cost in matters which come before it as set by ordinance or resolution of the Mayor and members of the Council, provided however that the cost may not exceed that which may be imposed by the Justice of the Peace Court for like service.
(151 Del. Laws, c. 145, 9/10/21)
(a)
The Voluntary Assessment Center staff shall prepare and submit a written monthly report to the Mayor and members of the Council reporting all fines and penalties imposed during the preceding calendar month.
(b)
The Voluntary Assessment Center staff shall pay to the Town all fines and penalties contained in the monthly report at such times as directed by the Mayor and members of Council.
(c)
(1)
Except as provided by paragraph (c)(2) of this section, neither the Mayor nor the members of the Council may establish or communicate an expected revenue budget for the Voluntary Assessment Center.
(2)
The Mayor or members of the Council may establish in the budget a line item based on an estimate using the prior year's activity for financial budgeting only.
(151 Del. Laws, c. 145, 9/10/21)
The town shall provide adequate and appropriate facilities and staff to facilitate the independent operations of the Voluntary Assessment Center.
(1)
Except as provided by paragraph (2) of this section, the Voluntary Assessment Center facilities must be separate from conflicting town operations, including the Department of Public Safety.
(2)
The Town may house the Voluntary Assessment Center in a common municipal building if the Voluntary Assessment Center is provided space physically separate from other Town functions and is situated in such a manner as to foster public confidence in the independence of the Voluntary Assessment Center.