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Home My WebLink About1999-05 \I\ (\(-) 1111111111111111111111111111111111111111111111111111111311111 PAGE: 1 of 4 FEE tt 2009037059 1\�`I B7513 P ' 318 OFFICIAL RECORDS OF MOHAVE COUNTY , CAROL MEIER, egtf COUNTY RECORDER 06/22/2009 01:33 PM Fee: $0.00 DOC TYPE: GORDI RTAID BY:MOHAVE COUNTY BD OF SUPERVIS( MOHAVE COUNTY ORDINANCE NO. 99-05 JUSTICE COURT ADMINISTRATIVE FEE SCHEDULE AND JAIL COST RECOVERY ORDINANCE An ordinance adopted pursuant to A.R.S. 11-251.08 (A), establishing certain administrative fees for the Justice Courts in Mohave County in order to: defray costs associated with issuing and processing Failure to Appear warrants and suspension of driving privileges in cases of default; enhance court operations; assess defendants costs associated with collecting delinquent fines and restitution; and recovery of actual costs of incarceration. SECTION 1: AUTHORITY/PURPOSE/JURISDICTION/TITLE 1.1 Authority. Mohave County is authorized by Section 11-251.08 (A) of the Arizona Revised Statutes to adopt fee schedules for specific products and services the county provides to the public. In Arizona Attorney General's Opinion No. 195-63 (December 18, 2995), the Attorney General determined that A.R.S. 11-251.08 (A) authorizes the Board of Supervisors to "establish fess for any specific products or services that the county provides to the public and to direct Justice Courts to collect any established court-related fees." 1.2 Purpose. It is the purpose of this ordinance to establish an administrative fee schedule whereby Mohave County may defray certain costs associated with the additional work related to issuing and processing numerous Failure to Appear warrants, suspension of driving privileges, and photo radar citations in the Justice Courts. It further establishes a Court Enhancement Fee to provide funds supplemental to budgetary funds for advancing court operations in areas of technology, court security, and programs designed to improve court efficiency. This ordinance also provides for the recovery of the actual per diem costs of incarnation as the result of a person being convicted and sentenced to a term of incarceration in the Mohave County jail by a Justice of the Peace. 1.3 Jurisdiction. This ordinance shall apply to all Justice Courts in Mohave County. 1.4 Title. This ordinance shall be known as the Mohave County Justice Court Administrative Fee Schedule Ordinance. SECTION 2: FEES 2.1 Warrant Fee. The Mohave County Justice Courts shall collect a warrant fee of one hundred twenty dollars ($120.00) for each warrant a court is required to issues as the result of a Failure to Appear, which includes any failure to appear at a scheduled, or otherwise required court appearance. This fee applies to all forms and types of warrants and shall be added to the amount set forth in the arrest warrant. 2.2 Suspension Fee. The Mohave County Justice Courts shall collect a suspension fee of fifty dollars ($50.00) for each suspension of an Arizona driver's license or privilege to drive in the State of Arizona which a court is required to issue as the result of failure to pay a civil sanction, or a default judgment in a civil traffic matter. 2.3 Photo Radar Fee. The Mohave County Justice Courts shall collect a photo radar fee of twelve dollars ($12.00) for each photo radar citation processed by the court. 2.4 Deposit into general fund. All fees collected under this section shall be received by the Justice Courts in a manner consistent with the Arizona Supreme Court Accounting Standards and deposited with the Treasurer on a monthly basis for deposit into the county general fund. 2.5 Annual Review. The fees imposed by Section 2 shall be reviewed by the Court Administration to ensure that the amount collected does not substantially exceed (or fail to defray) the actual costs associated with the processing of warrants, suspensions or photo radar citations. If appropriate, the Court Administrator shall recommend an upward or downward adjustment of the fee to the Boards of Supervisors prior to the start of the next fiscal year. SECTION 3: COURT ENHANCEMENT FEE 3.1 Court enhancement fee. The Mohave County Justice Courts shall collect a court enhancement fee of ten dollars ($10.00) which shall be assessed in addition to any fine, sanction, or penalty imposed by a court. The court enhancement fee shall be collected pursuant to the Arizona Code of Judicial Administration Priority of Offender Payments. The court enhancement fee shall be received by the court in a manner consistent with the Arizona Supreme Court Accounting Standards and deposited with the treasurer on a monthly basis for deposit into the Court Enhancement Fund. 3.2 Court enhancement fund. The Court Enhancement Fund shall be established as a fund account so designated with the County Treasurer for the purpose of receiving the court enhancement fee. Interest earned on fund monies shall be deposited into the fund. The court enhancement fund shall be used at the sole discretion of a Justice of the Peace of a single court to the limit of that court's available account balance, or collectively by two or more Justices of the Peace to the limit of their accounts with the approval of the Presiding Limited Jurisdiction Court Judge or Associate Presiding Limited Jurisdiction Court Judge. SECTION 4: JAIL COSTS RECOVERY FEE 4.1 Jail costs recovery fee. The Mohave County Justice Courts shall require any person who is convicted of a misdemeanor criminal offense and sentenced to a term of incarceration in the Mohave County jail, or any other facility authorized by law, to reimburse Mohave County for all or any part of the actual expenses the county has or will incur by reason of the incarceration. The maximum amount ordered for reimbursement under this section shall not exceed the number of days the misdemeanant is actually incarcerated, multiplied by the actual costs per day, including any part of a twenty-four hour period which shall be considered one day. 4.2 Factors to be considered. A Justice of the Peace may determine the amount of incarceration costs to be paid based on the following factors: A. The per diem per person cost of incarceration incurred by the county. B. The person's ability to pay all or part of the incarceration costs. 4.3 Deposit into general fund. All fees collected under this section shall be received by the Justice Courts in a manner consistent with the Arizona Supreme Court Accounting Standards and deposited with the Treasurer on a monthly basis for deposit into the county general fund. SECTION 5: COLLECTION FEES 5.1 Collection fees. Any defendant who defaults in his or her obligation for the payment of monies owed or due Mohave County Justice Courts including, but not limited to, restitution, fines, surcharges, assessments, penalties, bond, costs and fees is liable for all costs of collection including attorney fees and costs and/or any fees and charges assessed by a collection agency that is licensed pursuant to Title 32, Chapter 9, Article 2, Arizona Revised Statutes, and that is engaged legally by contract or otherwise to act on behalf of the Mohave County Justice Courts for the purpose of collecting the aforementioned obligations. All such costs and fees, including legal fees and court costs related to collection, assessed by the collection agency shall be added to the sum or sums due from and chargeable to the defendant. SECTION6: WAIVE/SUSPEND/DEFER 6.1 Waive, suspend, and deferring fees. Any Justice of the Peace, Justice of the Peace Pro Tempore, or Hearing Officer may waive, suspend, or defer payment of all or part of any fee upon a determination of economic hardship on the part of the defendant, or in the interests of justice. SECTION 7: COMMUNITY SERVICE CONVERSION 7.1 Community service conversion. Any Justice of the Peace may convert all or part of any fee to community service time at a rate consistent with the court's community service program. Upon approval of the Judge, a court collections officer may convert all or part of any fee to community service time. SECTION 8: SEVERABILITY If any fee imposed herein is determined by a court of competent jurisdiction to be unenforceable in whole or in part, the other fees imposed herein shall not be affected and shall remain fully enforceable. ADOPTED by the Board of Supervisors of Mohave County this 1sY day of August, 2009. MOHAVE COUNTY BOARD OF SUPERVISORS . I moi/ Tom Sockwell, Chairman Attest: �`J � 8 ',,,, /$9 .'"P'.. = fili.J Barbara Bra; , n roc of the.B •f: r