§ 33.05  ADMINISTRATIVE FEE SCHEDULE; COURT ENHANCEMENT FUND; JAIL COST RECOVERY.
   (A)   Warrant and suspension fees.
      (1)   Warrant fee. The Magistrate Court may collect a warrant fee of $75 for each warrant the court is required to issue as the result of a failure to appear, which includes any failure to appear at a scheduled, or otherwise required court appearance. This fee applies to all forms and types of warrants and shall be added to the amount set forth in the arrest warrant.
      (2)   Suspension fee. The Colorado City Magistrate Court may collect a suspension fee of $75 for each suspension of an Arizona driver’s license or privilege to drive in the State of Arizona which the court is required to issue as the result of a failure to pay civil sanction, or a default judgment in a civil traffic matter.
      (3)   Deposit into general fund. All warrant and suspension fees collected under this section shall be received by the Magistrate Court in a manner consistent with the Arizona Supreme Court accounting standards, and shall be conveyed together with a summary explanation to the Town Treasurer for deposit.
   (B)   Court enhancement fee.
      (1)   Court enhancement fee.
         (a)   The Colorado City Magistrate Court may collect a court enhancement fee of $10 which shall be assessed in addition to any fine, sanction or penalty imposed by the court.
         (b)   The court enhancement fee shall be collected after the statutory priorities of restitution and time payment fees if applicable.
         (c)   The court enhancement fee shall be received by the court in a manner consistent with the Arizona Supreme Court accounting standards.
      (2)   Court enhancement fund.
         (a)   The court enhancement fund shall be established as a fund account so designated with the town’s Finance Director for the purpose of receiving the court enhancement fee.
         (b)   Interest earned on fund monies shall be deposited into the fund.
         (c)   The court enhancement fund shall be used at the sole discretion of the Magistrate Court to the limit of available account balance, as appropriated by the Town Council.
         (d)   The Town Magistrate may use court enhancement funds in conjunction with any other court or courts in any common projects, programs or uses which may benefit the Magistrate Court’s operations.
   (C)   Jail costs recovery fee.
      (1)   Jail costs recovery fee.
         (a)   The Colorado City Magistrate Court may require any person who is convicted of a misdemeanor criminal offense and sentenced to a term of incarceration to reimburse Town of Colorado City for all or any part of the actual expenses the town has or will incur by reason of the incarceration.
         (b)   The maximum amount ordered for reimbursement under this section shall not exceed the number of days the misdemeanant is actually incarcerated, multiplied by the actual costs per day, including any part of a 24-hour period which shall be considered 1 day and other related costs.
      (2)   Factors to be considered. The Town Magistrate may determine the amount of incarceration costs to be paid based on the following factors:
         (a)   The per diem per person cost of incarceration incurred by the town; and
         (b)   The person’s ability to pay all or part of the incarceration costs.
   (D)   Collection fees. Any defendant who defaults in his or her obligation for the payment of monies owed or due Colorado City Magistrate Court including, but not limited to, restitution, fines, surcharges, assessments, penalties, bond, costs and fees is liable for all costs of collection including attorney fees and costs and/or any fees and charges assessed by a collection agency that is licensed pursuant to A.R.S. Title 32, Ch. 9, Art. 2, and that is engaged legally by contract or otherwise to act on behalf of the Colorado City Magistrate Court for the purpose of collecting the aforementioned obligations. All such costs and fees, including legal fees and court costs related to collection assessed by the collection agency may be added to the sum or sums due from and chargeable to the defendant.
   (E)   Waiver; suspension; deferral. The Town Magistrate or Associate Town Magistrate or Hearing Officer may waive, suspend or defer payment of all or part of any fee upon a determination of economic hardship on the part of the defendant, or in the interests of justice.
   (F)   Community service conversion. The Magistrate Judge may convert all or part of any fee to community service time at a rate consistent with the court’s community service program. Upon approval of the Judge, a court collections officer may convert all or part of any fee to community service time.
   (G)   Fee imposed. If any fee imposed herein is determined by a court of competent jurisdiction to be unenforceable to whole or in part, the other fees imposed herein shall not be affected and shall remain fully enforceable.
(Ord. 99-03, passed 11-15-1999)