St. Charles County, MO
 
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Table of Contents
Table of Contents
Editor’s Note: In this Chapter the word "Sheriff" is changed to "Chief of Police" pursuant to the St. Charles County Charter Article IV, Sections 4.250 and 4.1300, as amended in 2012 and effective 1-1-2015, and St. Charles County Ord. No. 15-012, Section 2, adopted 1-26-2015.
Editor's Note—These sections have been renumbered at the county's request; they were previously numbered article II of ch. 125, §§125.050—125.090.
[Ord. No. 96-26 §1, 2-27-1996]
A. 
The County Council hereby authorizes the collection of fees in criminal cases, felony, misdemeanor and traffic cases where restitution is ordered and the restitution payments are collected by the St. Charles County Prosecutor's office. The fee schedule shall be as follows:
1. 
Up to $1,000.00 in restitution: $40.00.
2. 
Over $1,000.00 in restitution: $80.00.
3. 
Over $5,000.00 in restitution: $120.00.
B. 
Criminal restitution fees are to be credited to line item 001-000-4-225.00 in the General Fund.
[Ord. No. 95-108 §§1—3, 7-27-1995]
A. 
The County Council hereby authorizes the collection of an additional dollar ($1.00) as a cost assessed in certain criminal cases defined by State Statute.
B. 
The additional dollar ($1.00) shall be forwarded to the State Treasury in care of the Department of Public Safety to the credit of the Peace Officer Standards and Training Commission Fund.
C. 
The County Council authorizes and directs the Chief of Police to notify the Peace Officer Standards and Training (POST) Commission that St. Charles County will participate in the fund, and further authorizes the Chief of Police to submit the POST Commission Training Fund Application Contract to the Department of Safety's POST Program.
[Ord. No. 94-161 §§1—3, 9-28-1994]
A. 
The Chief of Police shall establish a schedule of costs associated with alcohol- and drug-related traffic offenses and which include the reasonable cost of making the arrest, cost of any chemical tests to determine the alcohol or drug content of the person's blood and the cost of processing, charging, booking and holding such person in custody.
B. 
Any County official receiving or collecting funds pursuant to a court order for reimbursement of costs associated with alcohol or drug related traffic offenses shall turn over the funds to the County Treasurer for deposit into the "DWI/Drug Enforcement Fund".
C. 
The County Treasurer shall retain the fees collected by the court, Chief of Police or other officer of the County for reimbursement to law enforcement authorities for the costs associated with alcohol or drug related traffic offenses in a separate fund known as the "DWI/Drug Enforcement Fund". Monies within the DWI/Drug Enforcement Fund shall be appropriated by the County Council to law enforcement authorities specifically used to enhance and support the enforcement of alcohol and drug-related traffic laws within the County.
[Ord. No. 97-121 §§1—2, 8-27-1997]
A. 
Pursuant to Section 590.140, RSMo., the County Council hereby authorizes the collection of the two dollar ($2.00) training fee on non-moving violations and reauthorizes the two dollar ($2.00) training fee on violations of the general criminal laws of the State, violations of County or municipal ordinances and moving violations. Such fees shall be assessed as costs in each court proceeding involving violations of the general criminal laws of the State, violations of County or municipal ordinances and moving and nonmoving violations.
B. 
The County Clerk is hereby directed to forward a copy of this Section to the Circuit Court of St. Charles County.
[Ord. No. 99-165 §§1—3, 12-29-1999]
A. 
Pursuant to Section 479.261 RSMo., the County Council hereby authorizes the collection of a two dollar ($2.00) surcharge on County ordinance violations having a criminal penalty. Such surcharges shall be assessed as costs in each court proceeding involving violations of County ordinances containing a criminal penalty. No 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 State or County. Such surcharges collected by the Circuit Clerk shall be collected and disbursed as provided by Sections 488.010 to 488.020, RSMo. The County shall use such moneys only for the purpose of providing operating expenses for shelters for battered persons as defined in Sections 455.200 to 455.230, RSMo.
B. 
Fees collected hereby are to be credited to line item 221-0000-341.20-00, Domestic Violence—Recording Fees.
C. 
The County Clerk is hereby directed to forward a copy of this ordinance to the Circuit Court of St. Charles County.
[Ord. No. 04-026 §§1—9, 2-25-2004; Ord. No. 04-050 §1, 3-31-2004; Ord. No. 05-008 §1, 2-1-2005; Ord. No. 05-084 §1, 6-14-2005; Ord. No. 05-188 §1, 12-20-2005; Ord. No. 11-026 §4, 5-2-2011]
A. 
It is the intent of this Section that persons who plead guilty to or are convicted of an offense and are committed to the St. Charles County Detention Facility or the Missouri Department of Corrections or any other correctional facility shall, to the extent authorized by law, pay for the cost of their incarceration and their medical expenses while in the custody of the St. Charles County Adult Detention Facility whether incurred before or after trial or both.
B. 
The cost of maintenance of County inmates is determined to be as follows:
1. 
For a person in ordinary confinement, the daily fee for room, board and medical care in the Adult Detention Facility shall be determined and fixed by the County Executive for each calendar year, in a sum not to exceed the actual average daily cost to the County of providing room, board and medical care to persons in ordinary confinement, together with a one-time booking fee of ten dollars ($10.00).
2. 
Any unpaid work release fees.
C. 
The Director of Corrections ("Director") may charge an inmate for expenses as set forth in this Section while he is incarcerated and may deduct payment for said expenses from the inmate account maintained by the St. Charles County Department of Corrections ("SCCDOC") for the benefit of the inmate. In the event the inmate has a balance due for expenses accrued under this Section from prior incarcerations, any inmate account created as part of a subsequent incarceration may be used to recover sums due from the prior incarceration.
D. 
Within five (5) years after the release of the inmate from the Adult Detention Facility, the County, through the County Counselor, may commence an action in the Circuit Court of St. Charles County to recover any unpaid expenses under this Section, unless the inmate has made a reasonable, good faith effort to keep and maintain installment payments through a voluntary repayment plan to SCCDOC for the unpaid balance. Inmate accounts established under a voluntary repayment plan must be set up and maintained in good standing as follows:
1. 
Within six (6) months of his release date from SCCDOC, except any such release that is the result of a transfer to another permanently locked and secure correctional facility, each former inmate shall contact the SCCDOC to establish a plan for payment of any outstanding balance of fees and expenses owed to the County pursuant to this Section; and
2. 
Upon such contact, the SCCDOC shall set up a receivable account in the name of the former inmate and shall send him one (1) letter notifying him of his monthly repayment installment obligation and the date each month on which the payment shall be due. Said notice letter shall be sent to the address provided by the inmate at the time of such contact. No monthly statements, bills or coupons will be sent, however, the SCCDOC shall furnish, upon request of the former inmate, a statement of account; and
3. 
If the payments of any former inmate are found to be unpaid for any period of sixty (60) days or more under the terms of his payment plan, suit may be commenced by the County Counselor to collect the full balance of all fees and expenses due and owing under this Section. All accounts for which monthly payments are received in full, on or before the due date, shall be deemed to be accounts in good standing.
E. 
Any fees or expenses taxed to the inmate as costs in the criminal proceedings in which he is convicted and sentenced to the Adult Detention Facility and/or in which he is convicted subsequent to a term of pre-trial detention in the Adult Detention Facility shall not be the subject of any civil action commenced through the County Counselor. The County Counselor shall have the discretion to amend or dismiss any claims for reimbursement for which other legal remedy has been obtained.
F. 
Any sums collected pursuant to this Section shall be deposited with the Director of Finance in a separate account for inmate expenses.
[Ord. No. 05-048 §§1—5, 4-27-2005]
A. 
A surcharge of two dollars ($2.00) shall be assessed as costs in each court proceeding filed in the Circuit Court of St. Charles County in all criminal cases including violations of any County ordinance or any violation of criminal or traffic laws of the State, including an infraction and violation of a municipal ordinance; except that no such fee shall be collected in any proceeding when the proceeding or the defendant has been dismissed by the court or when costs are to be paid by the State, County or a municipality. A surcharge of two dollars ($2.00) shall be assessed as costs in a juvenile court proceeding in which a child is found by the court to come within the applicable provisions of Subdivision (3) of Subsection (1) of Section 211.031, RSMo.
B. 
Such collection of fees shall be the responsibility of the St. Charles County Circuit Clerk.
C. 
Notwithstanding any other provision of law, the monies collected by the St. Charles County Circuit Clerk pursuant to the provisions of this Section shall be collected and disbursed in accordance with Sections 488.010 to 488.020, RSMo., and shall be payable to the St. Charles County Finance Department.
D. 
The St. Charles County Director of Finance shall deposit such funds generated by the surcharge into a dedicated account within the General Fund known as the "Inmate Security Fund". Funds deposited shall be used to develop biometric verification systems to ensure that inmates can be properly identified and tracked within the local jail system. Upon the installation of the biometric verification system, funds in the Inmate Security Fund may be used for the maintenance of the biometric verification system and to pay for any expenses related to custody and housing and other expenses for prisoners as authorized by Section 488.5026.3, RSMo.
E. 
The surcharge fee as authorized by Section 488.5026, RSMo., is hereby adopted at the maximum fee authorized by Statute and the amount of such fee shall change to reflect the maximum authorization should the maximum fee set by Statute be altered by the Missouri legislature.
[Ord. No. 16-106 §§ 1 — 8, 12-19-2016]
A. 
There is hereby created pursuant to Section 50.565, RSMo., the St. Charles County Law Enforcement Restitution Fund (the Fund).
B. 
There is further created a five (5) member Board of Trustees for the St. Charles County Law Enforcement Restitution Fund. The Fund shall be under the supervision of this Board of Trustees which shall be appointed pursuant to the provisions of the Charter of St. Charles County by the County Executive with the approval of the St. Charles County Council. Pursuant to the provisions of the State enabling statute, no board member shall be a current or former elected official nor shall any board member be an employee of any of the following St. Charles County departments: the Police Department, the Corrections Department or the Sheriff's Department, the Prosecuting Attorney's Office, the County Council or the Department of Finance.
C. 
The St. Charles County Law Enforcement Restitution Fund Board of Trustees shall consist of five (5) members. Initial terms of the board shall be as follows:
1. 
Two (2) members shall be appointed for an initial term of two (2) years.
2. 
Two (2) members shall be appointed for an initial term of three (3) years.
3. 
One (1) member shall be appointed for an initial term of one (1) year.
All appointments thereafter shall be for a term of three (3) years. The County Executive shall designate one (1) member to be a chairman of the board. The board shall serve without compensation.
D. 
Money from the Fund shall only be expended upon the approval of a majority of the members of the Fund's Board of Trustees and only for St. Charles County law enforcement-related expenses, including those of the Prosecuting Attorney, that are reasonably related to investigation, charging, preparation, trial, and disposition of criminal cases before the 11th Circuit of the State of Missouri.
E. 
The County Council may not use the Fund to supplant, but only to supplement, the funding of law enforcement agencies, including the office of the Prosecuting Attorney, received from other County, State, or Federal funds.
F. 
The Fund shall be audited as all other County funds.
G. 
The County Law Enforcement Restitution Fee shall be imposed only as authorized by Section 50.565, RSMo., and no court may, pursuant to the enabling statute set out herein, order the assessment and payment authorized by this Section if the plea of guilty or the finding of guilt is to the charge of speeding, careless and imprudent driving, any charge of violating a traffic control signal or sign, or any charge which is a Class C misdemeanor or an infraction.
H. 
No assessment and payment ordered pursuant to this Section may exceed one hundred dollars ($100.00) for any charged offense.