[Ord. No. 06-03, 2-16-2006]
A. 
A County Commission may establish by ordinance or order a fund whose proceeds may be expended only for the purposes provided for in Subsection (C) of this Section. The fund shall be designated as a Cass County Law Enforcement Restitution Fund and shall be under the supervision of a Board of Trustees consisting of two (2) citizens of the County appointed by the Presiding Commission of the County, two (2) citizens of the County appointed by the Sheriff of the County and one (1) citizen of the County appointed by the County Treasurer. The citizens so appointed shall not be current or former employees of the Sheriff's office, the office of the Prosecuting Attorney of the County or the County Treasurer's office.
B. 
Money from the Cass County Law Enforcement Restitution Fund shall only be expended upon the approval of a majority of the members of the Cass County Law Enforcement Restitution Fund's Board of Trustees and only for the purposes provided for by Subsection (C) of this Section.
C. 
Money from the Cass County Law Enforcement Restitution Fund shall only be expended for the following purposes:
1. 
Narcotics investigation, prevention and intervention; and
2. 
Purchase of law enforcement related equipment and supplies for the Sheriff's office; and
3. 
Matching funds for Federal or State law enforcement grants; and
4. 
Funding for the reporting of all State and Federal crime statistics or information; and
5. 
Any law enforcement related expense, including those of the Prosecuting Attorney, approved by the Board of Trustees for the County Law Enforcement Restitution Fund that is reasonably related to investigation, charging, preparation, trial and disposition of criminal cases before the courts of the State of Missouri.
D. 
The Cass County Commission may not reduce any law enforcement agency's budget as a result of funds the law enforcement agency receives from the Cass County Law Enforcement Restitution Fund. The Restitution Fund is to be used only as a supplement to the law enforcement agency's funding received from other County, State or Federal funds.
E. 
Cass County law enforcement restitution funds shall be audited as are all other County funds.
F. 
No court may 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. No assessment and payment ordered pursuant to this Section may exceed three hundred dollars ($300.00) for any charged offense.
G. 
Any request for payment from this fund by authorized County Law Enforcement Officials shall be by written voucher or memo to the Board. The Board will approve any request by a majority vote. The Board may meet in person, by telephone, e-mail or in writing for approving any request.
H. 
The Circuit Clerk and Associate Circuit Clerks shall pay all funds for the Cass County Law Enforcement Restitution Fund as collected or on a monthly basis to the County Treasurer for the Restitution Fund Account.
I. 
The Board of Trustees shall provide to the Cass County Commission and to Cass County Law Enforcement Official's quarterly reports on the Cass County Law Enforcement Restitution Fund showing amount received and expenditures.
J. 
The court may order the assessment and payment of a designated amount of restitution to the Cass County Law Enforcement Restitution Fund established by the County Commission pursuant to Section 50.565, RSMo. Such contribution shall not exceed three hundred dollars ($300.00) for any charged offense. Any restitution monies deposited into the Cass County Law Enforcement Restitution Fund pursuant to this Section shall only be expended pursuant to the provisions of Section 50.565, RSMo., and this Section.
K. 
A judge shall not have any direct supervisory authority or administrative control over any fund to which the judge is ordering a defendant to make payment.
L. 
A defendant who fails to make payment to Cass County Law Enforcement Restitution Fund may not have his or her probation revoked solely for failing to make such payment unless the judge, after evidentiary hearing, makes a finding supported by a preponderance of the evidence that the defendant either willfully refused to make the payment or that the defendant willfully, intentionally and purposefully failed to make sufficient bona fide efforts to acquire the resources to pay.