(A) The County Prosecuting Attorney Infraction Deferral Program Non-Reverting Fund (the Infraction Deferral Program Fund) is hereby established as a non-reverting fund to be administered and maintained by the County Auditor.
(B) All funds received by the County Clerk and the County Traffic Violations Bureau as fees for the County Prosecuting Attorney Infraction Deferral Program, shall be deposited into the County User Fee Fund established by I.C. 33-37-8-5, and administered by the County Auditor.
(1) Upon receipt, the County Auditor shall distribute these deposits ($189.50 in each case) as follows:
$70 | To the County Clerk for court costs, pursuant to I.C. 34-28-5-1 (h)(4) |
$2 | To the Jury Pay Fund established by I.C. 33-37-11, pursuant to I.C. 33-37-8-5(c) |
$5 | For an automated record-keeping fee, pursuant to I.C. 33-37-5-21 and I.C. 33-37-4-2(b)(9) |
$2 | For a document storage fee, pursuant to I.C. 33-37-5-20 |
$0.50 | For a highway worksite zone fee, pursuant to I.C. 33-37-5-14 |
(2) The remainder, $50 for an initial user fee, and $60 for a six-month monthly user fee, shall be deposited into the County Prosecuting Attorney Infraction Deferral Program Non-Reverting Fund, pursuant to I.C. 33-37-4-2(e) and I.C. 33-37-8-6(a).
(C) Funds deposited into the County Prosecuting Attorney Infraction Deferral Program Non-Reverting Fund may be disbursed only by the adoption of an ordinance appropriating the funds for one or more of the following purposes, pursuant to I.C. 33-37-8-6(b):
(1) Personnel expenses related to the operation of the program;
(2) Special training for:
(a) A Prosecuting Attorney;
(b) A Deputy Prosecuting Attorney;
(c) Support staff for a Prosecuting Attorney or Deputy Prosecuting Attorney; or
(d) A law enforcement officer.
(3) Employment of a Deputy Prosecutor or prosecutorial support staff;
(4) Victim assistance;
(5) Electronic legal research;
(6) Office equipment, including computers, software, communication devices, office machinery, furnishings and office supplies;
(7) Expenses of a criminal investigation and prosecution;
(8) An activity or program operated by the Prosecuting Attorney that is intended to reduce or prevent criminal activity, including:
(a) Substance abuse:
(b) Child abuse;
(c) Domestic violence;
(d) Operating while intoxicated; and
(e) Juvenile delinquency.
(9) Any other purpose that benefits the Office of the Prosecuting Attorney or law enforcement and that is agreed upon by the county fiscal body and the Prosecuting Attorney.
(D) Funds deposited into the County Prosecuting Attorney Infraction Deferral Program Non-Reverting Fund may be used only in accordance with guidelines adopted by the State Prosecuting Attorneys Council under I.C. 33-39-8-5, and must be appropriated to supplement, rather than take the place of, ordinary budgetary items of the Office of the County Prosecuting Attorney.
(E) No county warrants are authorized to be issued for expenditures from the County Prosecuting Attorney Infraction Deferral Program Non-Reverting Fund for payment of any monies except upon approval of a claim by the Prosecuting Attorney and in accordance with the terms of this section.
(F) The County Prosecuting Attorney Infraction Deferral Program Non-Reverting Fund shall be perpetual unless and until terminated by subsequent ordinance enacted by this Board.
(G) The County Auditor is hereby directed to maintain and manage accurate accounting information regarding the receipts, expenditures and balances of the County Prosecuting Attorney Infraction Deferral Program Non-Reverting Fund, providing the County Prosecuting Attorney with accurate and timely information relating to said fund upon request.
(Ord. 3-2012, passed - -2012)