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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 08/15/2017 - RESOLUTION 2017-077 APPROVING REVISED COSTS AND FEAgenda Item 19 Item # 19 Page 1 AGENDA ITEM SUMMARY August 15, 2017 City Council STAFF Judge Kathleen M. Lane, Municipal Judge Ingrid Decker, Legal SUBJECT Resolution 2017-077 Approving Revised Costs and Fees for Fort Collins Municipal Court. EXECUTIVE SUMMARY The purpose of this item is to add two new fees to the approved costs and fees for cases in Fort Collins Municipal Court: a $65 Sealed Records Fee and a $300 Civil Case Filing Fee. The Sealed Records Fee is mentioned in the state legislature’s House Bill 17-1208 which takes effect on September 1, 2017. That law makes clarifications to the criminal justice records sealing process including allowing Municipal Court defendants whose non-traffic misdemeanor case is completely dismissed or of which they are fully acquitted to request that their records be sealed. The change allows sealing to be ordered directly by the Municipal Court in those cases without requiring such defendants to file a separate action in District Court as was required in the past. As for state court defendants, the law provides that Municipal Court defendants must pay a $65 fee “to cover the actual costs related to the sealing of the criminal justice records, which may be waived by the Court upon a determination of indigency.” See C.R.S. Section 24-72-702.5(2). Note: This change does not impact the current process authorized by City Code in which underage possession cases are sealed automatically after dismissal without a request from the defendant or payment of a fee. The Civil Case Filing Fee is needed to offset at least a portion of the administrative expense to the Court of civil cases being filed by members of the public. The amount of the proposed fee, $300, is based on the cost of approximately 10 hours of Court Administrator time. This is a very conservative estimate of the time needed to administer such a case and does not include the judicial expense involved. For comparison, the Colorado state District Courts currently charge a $224 filing fee to Plaintiffs in civil actions, including Rule 106 (Colorado Rules of Civil Procedure) actions. A final minor change proposed to the list of costs and fees is to revise the description of the Active Condition Fee to clarify that it does not apply to restitution payment conditions. The background information included in this Agenda Item Summary has also been updated to indicate that Petitions for Indigence requesting waiver of costs are now accepted by the Court on all cases, not just misdemeanor cases. This change has already been implemented. 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 2016-011. Agenda Item 19 Item # 19 Page 2 Cost or Fee Amount When Applicable Status Active Condition Fee $35.00 On a non-traffic misdemeanor case, when penalty (or portion thereof) is suspended or judgment/prosecution deferred with active condition(s) other than payment of restitution Description of application revised 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 Civil Case Filing Fee $300.00 When a civil complaint or petition (not including civil infraction citations prosecuted by the City) is filed Added 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 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 Agenda Item 19 Item # 19 Page 3 Cost or Fee Amount When Applicable Status 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 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 Sealed Records Fee $65.00 When defendant requests sealing of criminal justice records pursuant to Section 24-72-702.5, C.R.S. Added 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 In all 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 Court using the “Income Eligibility Guidelines” adopted by the Colorado Supreme Court and used by the County and District Courts. 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 fees would become effective on September 1, 2017. CITY FINANCIAL IMPACTS The Court estimates that the financial impact of the new Sealed Records Fee will be minimal, yielding approximately $1,300 in additional revenue in 2017 (based on an estimate of $4,000 per year). The Civil Case Filing Fee will likely be rarely applied since only one such case has been filed in Municipal Court in recent history. Both fees will, however, help to compensate the City for at least a portion of the administrative -1- RESOLUTION 2017-077 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 “Sealed Records Fee” in the amount of $65 be imposed for cases in Municipal Court to help cover the administrative costs of sealing records as authorized by Section 24-72- 702.5, C.R.S. beginning September 1, 2017; and WHEREAS, Judge Lane has also recommended that an additional fee referred to as the “Civil Case Filing Fee” in the amount of $300 be imposed for cases in Municipal Court to help cover the administrative costs of handling civil complaints filed by members of the public; and WHEREAS, Judge Lane has also recommended that the description of the Active Condition Fee be revised to clarify that it does not apply to restitution payment conditions; and WHEREAS, the City Council believes that adopting the new fees and the revised Active Condition 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 Civil Case Filing Fee $300.00 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 -2- 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 Sealed Records Fee $65.00 Traffic Calming Surcharge See City Code Warrant Fee $50.00 Witness Fee $5.00 Section 3. That the revised costs and fees adopted herein shall take effect on September 1, 2017. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of August, A.D. 2017. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk expense of such processes and cases. $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