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01. Ordinance 1648 - Amending Ordinance 1240 - Municipal Criminal Court Fees and Charges - 2nd ReadingKalispell Municipal Court PO Box 1997, Kalispell, MT 59903 PHONE: 406-758-7705 FAX: 406-758-7773 MW FROM: Mayor Pamela B. Kennedy and Kalispell City Council Interim City Manager, Myrt Webb Judge Heidi Ulbricht, Kalispell Municipal Court SUBJECT: Resolution No. 1648 An Ordinance Amending Ordinance No. 1240 and Kalispell Municipal Code 2-69-1 that establishes the Municipal Court Fees and Charges for Criminal Matters and Declaring an Effective Date. MEETING DATE: Monday, November 17, 2008 — Regular Council Meeting BACKGROUND: Ordinance No. 1240 established fees and charges to be levied by Kalispell Municipal Court upon disposition of all criminal and traffic citations and complaints. The original ordinance (no. 1240) took effect on July 17, 1996 and allowed the court to assess a $10.00 contract fee, charge 10% interest on all contracts and $5.00 city surcharge on each citation and complaint. In addition, if a Defendant requested a trial and was found guilty a $20.00 court costs was assessed. In April 2005 the Court began assessing a $5.00 Security and Technology fee. The Court is proposing an amended ordinance that would increase the $5.00 city surcharge to $10.00 and increase the $5.00 Security and Technology fee to $10,00, The contract origination fee would remain at $10.00 and the interest charged would remain at 10%. On November 3, 2008 the Council passed Ordinance 1648. The $20.00 court cost was inadvertently omitted and has been included for the second reading. The $20.00 court fee is only assessed if a defendant is found guilty at trial whereas the $10.00 city surcharge is assessed on every charge with a conviction. In addition the Court would be permitted to assess up to a $60.00 per month compliance fee on all charges given a deferred or suspended sentence that require court monitoring. The additional $5.00 city surcharge will be used to maintain staffing level at Municipal Court which allows the court to provide prompt and efficient customer service. The Security and Technology fee will continue to provide the court with equipment, fixtures and supplies. RECOM ENDATION: at Council considers and passes Ordinance No. 1648. Judgeei—di'Ulbrkit November 13, 2008 AN ORDINANCE AMENDING ORDINANCE NO.1240 AND KALISPELL MUNICIPAL CODE 2-69-1 THAT ESTABLISHES THE MUNICIPAL COURT FEES AND CHARGES FOR CRIMINAL MATTERS AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City has established a Municipal Court under the authority Montana state law at MCA 3-6-101; and WHEREAS, Municipal Court is required under state law to charge and collect various fees and surcharges to individuals convicted of crimes to pay for court information technology, prosecution and law enforcement services; and WHEREAS, Municipal Court operations incur numerous monetary expenses for court administrative expenses, necessary room, technology, furniture, fixtures and supplies, as well as salaries and related monetary expenses; and WHEREAS, the Kalispell City Council desires that the Municipal Court charge and collect adequate fees for the service it provides with respect to each criminal citation or complaint processed by the Court at the time each defendant is sentenced in addition to any other fees or charges required by Montana state law with respect to criminal court proceedings. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION 1 Kalispell Municipal Code 2-69-1 shall be and is hereby amended as set forth below: There is hereby established the following fees and charges to be levied by the Municipal Court in the disposition of all criminal and traffic citations and complaints: A. Fees: 1. The general administrative court fee at the time of posting bond for all criminal cases pending in the Municipal Court of the City shall be ten dollars ($10.00), in addition to the regular bond. This administrative fee shall be paid at the time of posting of bond. If, at a later date, the municipal judge or a jury finds the defendant not guilty, the fee will be returned to the defendant. If the defendant forfeits the posted bond, the administrative fee shall also be forfeited. 2. A twenty dollar ($20.00) court fee, in addition to the regular fine, shall be assessed against any person who appears in the Municipal Court, and is convicted of the charges brought against him or her. This twenty dollar ($20.00) court fee shall not be assessed until a conviction has been reached by either the judge or jury. This twenty dollar ($20.00) court fee is to be paid along with the regular fine, and is to cover the court costs incurred in the action. If a defendant has previously posted a court fee for posting bond, the defendant shall pay the difference between the amount of the bond fee and the twenty dollar ($20.00) court fee upon receiving a guilty verdict. 3. In addition to each fine there shall be a ten dollar ($10.00) court security and technology surcharge. This surcharge will be assessed against the defendant at the time he or she is sentenced. 4. There shall be levied and assessed upon any contract allowing the payment of fines, costs, and charges to the Municipal Court on an installment basis an administrative fee of ten dollars ($10.00) for each contract. The Municipal Court shall assess interest on all contracts in court at the maximum amount allowed by law on judgments. 5. The Municipal Judge shall impose a compliance fee of up to $60.00 per month on all defendants given a deferred or suspended sentence that requires the court staff to verify defendant's continuing compliance with the conditions of the sentence. 6. There shall be a five dollar ($5.00) fee for duplicating the court records for all appeals. 7. If a not guilty verdict is returned by either the judge or the jury, there shall be no administrative court fees assessed against the defendant. All defendants receiving a deferred sentence shall pay the court fees set forth in paragraph A(1) and A(2) as well as the fees set forth in paragraphs A(3) and A(4), if applicable. 8. Except as to Paragraph A(4), the Municipal Judge shall have no discretion in levying the court fees, and all defendants who are found guilty either by plea, the judge, or a jury shall be responsible for said court fees. 9. No court fee shall be assessed against the defendant in any case involving a parking violation. SECTION 2 This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR THIS 17TH DAY OF NOVEMBER, 2008. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk