VILLAGE OF CAPITAN
MUNICIPAL COURT FEE ORDINANCE
ORDINANCE 2004-07
AMENDING SECTION 1-9-4, AND REPEALING SECTION 1-9-5 OF CHAPTER 9
MUNICIPAL COURT OF TITLE 1 ADMNISTRATION AND REPEALING
SECTIONS 6-1-3 AND 6-1-4 OF CHAPTER I PENALTY ASSESSMENT
ORDINANCE OF TITLE 6 MOTOR VEHICLES AND TRAFFIC OF THE 2002
CODIFICATION.
PREAMBLE
WHEREAS, the 2003 State
Legislature amended state statute 35-14-11, increased the fees for
Corrections, Judicial Education, Court Automation and expanded the uses
of the Corrections Fee; and
WHEREAS, the governing body of
the Village of Capitan wishes to amend or repeal sections of the
municipal court and penalty assessment sections of the 2002
codification.
BE IT ORDAINED BY THE GOVERNING BODY
OF THE VILLAGE OF CAPITAN, NEW MEXICO:
Section 1-9-4 of the Capitan Municipal Code is amended to read: 1-9-4:
- CORRECTION FEES, JUDICIAL EDUCATION FEES AND COURT AUTOMATION FEES:
A. Short Title: This section shall be known as the
MUNICIPAL COURT FEE
ORDINANCE.
B. The Municipal Judge shall collect the following
costs:
(1) a corrections fee of twenty dollars ($20.00);
(2) a judicial education fee of two dollars ($2.00); and
(3) a court automation fee of six dollars ($6.00).
C. The fees are to be collected upon conviction from
persons convicted of violation any ordinance relating to the operation
of a motor vehicles or any ordinance that may be enforced by the
imposition of a term of imprisonment.
D. All money collected pursuant to Paragraph (1) of
Subsection B of this section shall be deposited in a special fund in
the municipal treasury and shall be used
for:
1. municipal jailer or juvenile detention officer
training;
2. the construction planning, construction,
operation and maintenance of a municipal jail or juvenile detention
facility;
3. paying the cost of housing municipal prisoners in
a county jail or detention facility or housing juveniles in a detention
facility.
4. complying with match or contribution requirements
for the receipt of federal funds relating to jails or juvenile
detention facilities;
5. providing inpatient treatment or other substance
abuse programs in conjunction with or as an alternative to jail
sentencing.
6. defraying the cost of transporting prisoners to
jails or juveniles to juvenile detention facilities; or
7. providing electronic monitoring system.
E. A municipality may credit the interest collected
from fees deposited in the special fund pursuant to Subsection D of
this section to the municipality's general fund.
F. All money collected pursuant to Paragraph (2) of
Subsection B of this section shall be remitted monthly to the state
treasurer for credit to the judicial education
fund and shall be used for the education and training, including
production of bench books and other written materials of municipal
judges and other municipal
court employees.
G. All money collected pursuant to Paragraph (3) of
Subsection B of this section shall be remitted monthly to the state
treasurer for credit to the municipal court
automation fund and shall be used for the purchase and maintenance of
court automation systems in the municipal courts. The court automation
systems shall
have the capability of providing, on a timely basis, electronic records
in a format specified by the judicial information systems council.
H. As used in this section "convicted" means the
defendant has been found guilty of a criminal charge by a municipal
judge, either after trial, a plea of guilty or a plea
of nolo contendere.
Section 1-9-5 of the Capitan Municipal Code is hereby repealed.
The Caption Page of Chapter 9 Title 1 is amended to read:
SECTION:
1-9-1: Jurisdiction; Presiding Officer
1-9-2: Municipal Judge
1-9-3 Probation; Suspension of Sentence
1-9-4 Correction Fees, Judicial Education Fees and Court Automation
Fees
1-9-5 Deleted
The index under MUNICIPAL COURT is amended to delete "Court Automation
Fee".
Section 6-1-3 of the Capitan Municipal Code is hereby repealed.
Section 6-1-4 of the Capitan Municipal Code is hereby repealed.
The Caption Page of Chapter 1 Title 6 is amended to read:
6-1-1: Code Adopted By Reference
6-1-2: Penalty Assessment Fees; Misdemeanor; Options
6-1-3: Deleted
6-1-4: Deleted
6-1-5: Testing Fee; Liquor or Drugs
The index under TRAFFIC CODE; ENFORCEMENT; FEES is amended to read:
6-1-3: Deleted
6-1-4: Deleted
TRAFFIC CODE; ENFORCEMENT; FEES
Code Adopted By Reference
6-1-1
Penalty Assessment Fees; Misdemeanor; Options
6-1-2
Testing Fees; Liquor or Drugs
6-1-5
PASSED ADOPTED AND APPROVED
this 12th day of October, 2004
_______________________
Steven M Sederwall, Mayor
ATTEST:
_________________________
Anna Gail Grassie, Village Clerk
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