The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/09/2016 - RESOLUTION 2016-011 APPROVING REVISED COSTS AND FEAgenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY February 2, 2016 February 9, 2016 City Council STAFF Kathleen Lane, Municipal Judge SUBJECT Resolution 2016-011 Approving Revised Costs and Fees for Fort Collins Municipal Court. EXECUTIVE SUMMARY The purpose of this item is to add a new $35 Active Condition Fee to the approved costs and fees for cases in Fort Collins Municipal Court. This new fee would apply to dispositions on certain non-traffic misdemeanor cases, including the new "Underage Possession of Alcohol" cases. The revenue from this fee would help cover the administrative cost of setting up and monitoring compliance with alternative sentencing conditions, such as alcohol and marijuana classes and useful public service, as well as sealing such cases when required. The Active Condition Fee is the only fee that staff is recommending be added or revised at this time. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION A detailed description of the City’s court costs and fees follows, including references to state statutes and rules, where applicable. All costs and fees are included, even if no change is proposed, in order to maintain an up-to-date list of all Municipal Court costs and fees. This list was last revised by Resolution 2014-012. Cost or Fee Amount When Applicable Status Active Condition Fee $35.00 When penalty (or portion thereof) is suspended or judgment/prosecution deferred with active condition(s) on a non-traffic misdemeanor case Added Appeal Fee $25.00 - $200.00 deposit; $3.00/transcript page assessed When appeal is filed (cost of preparing record or transcript of proceedings must be paid in advance) Section 13-10-116, C.R.S.; Rule 237(b), Colorado Municipal Court Rules (C.M.C.R.); Rule 37(a), Colorado Rules of Criminal Procedure. No change Collection Fee $30.00 When defendant does not appear or pay and the case is referred to a collection agency; applies in lieu of compact, default, or outstanding judgment and warrant fee; does not apply to Camera Radar/Red Light cases per state statute restrictions No change Compact Fee $30.00 When defendant (with out-of-state driver’s license) does not appear on a traffic case No change Agenda Item 7 Item # 7 Page 2 Cost or Fee Amount When Applicable Status Court Cost $35.00 When defendant enters a plea of guilty, no contest, or liable after arraignment, including deferred judgment cases, or is found guilty/liable at trial or by default No change Default Judgment Fee $30.00 When defendant (with Colorado driver’s license) does not appear on a traffic case Per Section 42-2-118(3)(c), C.R.S., half of this fee is remitted to the Colorado Department of Revenue by the Court. No change Deferral Cost $50.00 When defendant accepts a deferred judgment or deferred prosecution disposition No change Did Not Appear Fee $25.00 When defendant does not appear on or before a scheduled hearing date/time No change Did Not Comply Fee $25.00 When defendant fails to comply with condition(s) relating to an amended charge, deferred, or suspended penalty No change Did Not Pay Fee $25.00 When defendant does not pay or appear by the payment due date No change Jury Fee $25.00 When adult defendant files a jury demand on a misdemeanor case Section 13-10-114(4), C.R.S.; Rule 223, C.M.C.R. No change Outstanding Judgment and Warrant Fee $30.00 When defendant fails to pay judgment or juvenile defendant does not appear. Per Section 42-2-118(3)(c), C.R.S., half of this fee is remitted to the Colorado Department of Revenue by the Court. No change Parking Boot Fee $50.00 When vehicle is immobilized for non- payment of parking tickets No change Payment Plan Fee $25.00 When payment plan is created or revised to add an additional balance due No change Personal Service Cost Agenda Item 7 Item # 7 Page 3 The costs and fees listed above are consistent with and, in some cases, slightly higher than those assessed by other Colorado Municipal Courts, according to information staff has received from those Courts. Under the proposed Resolution, the revised fee would become effective immediately. CITY FINANCIAL IMPACTS The Court estimates that approximately $15,000 in additional revenue will be generated in 2016 from the new Active Condition Fee. As indicated above, this will help offset the additional administrative expense relating to setting up and monitoring such conditions on certain misdemeanor cases, including the new "Underage Possession of Alcohol" case load. -1- RESOLUTION 2016-011 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING REVISED COSTS AND FEES FOR FORT COLLINS MUNICIPAL COURT WHEREAS, Section 1 of Article VII of the City Charter provides that rules of procedure, costs and fees for the Fort Collins Municipal Court shall be enacted by the City Council upon recommendation of the Municipal Judge; and WHEREAS, Municipal Judge Kathleen M. Lane has recommended that an additional fee referred to as the “Active Condition Fee” in the amount of $35 be imposed for cases in Municipal Court to help cover the administrative costs of setting up and monitoring compliance with alternative sentencing conditions, such as alcohol and marijuana classes and useful public service, as well as sealing such cases when required; and WHEREAS, the City Council believes that the adoption of the revised fee is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the following costs and fees are hereby adopted and shall be imposed, when applicable, in all cases filed in the Fort Collins Municipal Court and parking and civil violations, unless such cost is specifically waived by the Judge or Referee: Active Condition Fee $35.00 Appeal Fee $25.00 - $200.00 deposit; $3.00/pg for transcript Collection Fee $30.00 Compact Fee $30.00 Court Cost $35.00 Default Judgment Fee $30.00 Deferral Cost $50.00 Did Not Appear Fee $25.00 Did Not Comply Fee $25.00 Did Not Pay Fee $25.00 Jury Fee $25.00 Outstanding Judgment and Warrant Fee $30.00 Parking Boot Fee $50.00 Payment Plan Fee $25.00 Personal Service Cost Actual cost of service Returned Check Fee $25.00 Traffic Calming Surcharge See City Code -2- Warrant Fee $50.00 Witness Fee $5.00 Section 3. That the costs and fees adopted herein shall take effect immediately. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd day of February, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Actual cost of service (with a minimum established and revised as necessary by Police Services) When defendant has to be located and personally served with a summons and complaint and later enters a plea of guilty, no contest, or liable to charge(s) or is found guilty/liable at trial or by default No change Returned Check Fee $25.00 When payment by check is returned by bank due to insufficient funds No change Traffic Calming Surcharge See City Code See Section 1-15(g) of the City Code No change Warrant Fee $50.00 When warrant is prepared due to failure to appear, pay or comply No change Witness Fee $5.00 When subpoenaed witness appears for trial and defendant is found guilty/liable Section 13-10-111(4), C.R.S. No change On misdemeanor cases, defendants have the option of filing a Petition for Indigence to request that the Court waive costs and fees (not fines) due to their financial situation. Those petitions are reviewed by the Judge using the “Income Eligibility Guidelines” adopted by the Colorado Supreme Court and used by the County and District Courts.