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:
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.
