[Ord. No. 4443, 12-19-2022]
A. Definitions. The following words and phrases, as used in this Article,
shall have the following respective meanings:
COURT COSTS
The cost, not to exceed twelve dollars ($12.00) as described
in and limited by Section 488.012(6), RSMo., which is assessed to
each defendant who pleads guilty, or is found guilty, in each proceeding
filed in the Municipal Court for the violation of the ordinances of
the City and which is payable to the City.
SURCHARGES
Amounts payable to the State of Missouri or other entities
or payable to the City for specific designated purposes that are assessed
to each defendant who pleads guilty, or is found guilty, in each proceeding
filed in the Municipal Court for the violation of the ordinances of
the City.
B. Court Costs. In addition to any fine that may be imposed by the Municipal
Judge, there shall be assessed Court costs in the amount of twelve
dollars ($12.00) in all cases.
C. Surcharges. The following surcharges shall be collected in all cases;
provided, however, that 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 City:
1.
A surcharge in the amount of three dollars ($3.00), described
in Section 488.5336, RSMo., which shall be distributed as follows:
a.
Two dollars ($2.00) of the three dollars ($3.00) shall be transmitted
monthly to the Treasurer of the City to be 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 the three dollars ($3.00) shall be sent
to the State Treasury to the credit of the Peace Officer Standards
and Training Commission Fund created by Section 590.178, RSMo.
2.
A surcharge in the amount of seven dollars and fifty cents ($7.50)
imposed by Section 595.045, RSMo., for purposes of the Crime Victims'
Compensation Fund established by the State of Missouri. Such surcharge
shall be collected by the Clerk of the Court. All sums collected pursuant
to this Subsection shall be distributed as follows:
a.
Ninety-five percent (95%) of such sums shall be forwarded to
the State of Missouri for deposit to the Crime Victims' Compensation
Fund as provided in Section 595.045, RSMo.
b.
Five percent (5%) of such sums shall be paid to the City as
reimbursement for the costs of collection of such State-imposed charge.
3.
A surcharge in the sum of two dollars ($2.00) authorized by
Section 488.607, RSMo., for the purpose of providing operating expenses
for shelters for battered persons, as defined in Sections 455.200
to 455.230, RSMo. Such cost shall be collected by the Clerk of the
Court and disbursed by the City to such shelters that meet the requirements
and qualifications of Sections 455.200 to 455.230, RSMo.
4.
A surcharge in the sum of two dollars ($2.00) authorized by
Section 488.5026, RSMo., which shall be collected by the Clerk of
the Court and deposited into the Inmate Security Fund. All funds within
the Inmate Security Fund shall be utilized to develop, install and
maintain a biometric verification system to ensure that inmates can
be properly identified and tracked within the City's detention system,
and to pay for any expenses related to custody and housing and other
expenses for prisoners, all in accord with Section 488.5026, RSMo.
D. Miscellaneous Charges And Reimbursements. The following types of
miscellaneous charges and reimbursements may be imposed by order of
the Municipal Judge:
1.
Actual charges assessed against the City by other Law Enforcement
Agencies or correctional facilities for apprehension or confinement
of defendants.
2.
Charges for 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.
3.
Other charges, such as for the issuance of a warrant, a commitment,
or a summons, as provided by the Associate Circuit Judge in criminal
prosecutions.
4.
Other charges, such as for recall of a warrant, imposed by the
Municipal Judge of the City of O'Fallon.
5.
All appeal costs from Municipal Court to the Circuit Court.
6.
Expert witness fees for experts required by the City. "Expert
witnesses" are witnesses who testify relative to matters outside the
scope of general knowledge and possess special skills and knowledge.
E. Alcohol And Drug-Related Traffic Offenses — Reimbursement to
the City. Upon a plea of guilty or a finding of guilty of violating
the provisions of Section 577.010 or 577.012, RSMo., or violations
of O'Fallon ordinances involving alcohol- or drug-related traffic
offenses, the Municipal Court may, in addition to the imposition of
any penalties provided by law, order the defendant to wholly or partially
reimburse the O'Fallon Police Department that made the arrest for
the costs associated with such arrest. Such costs shall include the
reasonable cost of making the arrest, including the cost of any chemical
test made under this Article 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.
F. Judicial Waiver Of Court Costs And Surcharges. Nothing in this Article
shall be construed to prohibit or limit the authority of the Municipal
Judge to waive Court costs and surcharges in whole or in part.