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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