(A) Fees to be charged by the Magistrate Court. The following fees are hereby established to be collected by the Magistrate Court:
(1) Jail reimbursement fee;
(2) Court improvement fee;
(3) Probation client fee;
(4) Warrant fee;
(5) Suspension fee;
(6) Default fee;
(7) Court disposition reporting fee; and
(8) Time payment fee.
(B) Jail reimbursement fee. Any person who has been convicted of a misdemeanor criminal offense in the Magistrate Court and sentenced to a term of incarceration in the county jail, or any other detention facility authorized by law, may as a part of any fine imposed by the Magistrate Court in connection with the sentencing, be required to reimburse the town for all or any part of the actual expenses the town has or will incur to the county or other authorized detention authority by reason of the incarceration. The maximum amount ordered for reimbursement under this section shall not exceed the number of days the misdemeanant is actually incarcerated in the county jail or detention facility, multiplied by the prevailing per diem rate, plus the booking fee, charged to the town at the time that the misdemeanant is incarcerated.
(C) Court improvement fee. The Magistrate Court shall collect a court improvement fee which shall be applied by the Magistrate Court on all fines, sanctions, penalties and assessments imposed by the Magistrate Court. The improvement fee shall also apply to fees collected for court authorized diversion programs. “Court authorized diversion program,” as used in this section, means a program in which an individual charged with any civil, criminal, or petty offense is not prosecuted for the offense on successful completion of an authorized diversion program and it includes authorized defensive driving courses.
(D) Probation client fee. Any person who has been convicted of a criminal misdemeanor, petty offense, or local code violation in the Magistrate Court and sentenced to a term of probation, may as part of any fine imposed by the Magistrate Court in connection with the sentencing be required to pay a fee to the town to help defray the cost of probation services as provided by Magistrate Court. The minimum amount ordered for reimbursement on summary or supervised probation under this section shall be established on a per month basis for each month or part thereof that the defendant is sentenced to probation.
(E) Warrant fee. The Magistrate Court shall collect a warrant fee for each warrant issued by the court. Any person who has a warrant issued by the court for failure to appear, failure to comply with a court order, or any other warrant from the bench shall be required to pay this fee to the town for the cost of issuing and servicing the warrant.
(F) Suspension fee. The Magistrate Court shall collect a suspension fee for each suspension on a driver’s license issued by the court. Any person who has had a suspension issued by the court for failure to pay a civil traffic fine or for any other reason shall be required to pay this fee to the town for the cost of issuing and servicing the suspension. This fee shall be applied to each suspension issued.
(G) Default fee. The Magistrate Court shall collect a default fee for each default judgment entered on a civil traffic violation because the person cited failed to respond to the citation or summons. Any person who has had a default judgment entered against them for failure to respond to a civil traffic citation shall be required to pay this fee to the town for the cost of issuing and servicing the default judgment. This fee shall be applied to each default issued.
(H) Court disposition reporting fee. The Magistrate Court shall collect a disposition reporting fee which shall be applied by the Magistrate Court on all charges in which a disposition of the charge must be reported to the Department of Public Safety (“DPS”) or the Arizona Department of Transportation, Motor Vehicle Division (“ADOT MVD”). The disposition reporting fee shall not be applied to cases in which the disposition reported is “not responsible” or “not guilty” or of similar disposition type. The disposition reporting fee shall apply to fees collected for court authorized diversion programs. “Court authorized diversion program,” as used in this section, means a program in which an individual charged with any civil, criminal, or petty offense is not prosecuted for the offense on successful completion of an authorized diversion program and it includes authorized defensive driving courses.
(I) In addition to any other assessment authorized by law, the court shall collect a time payment fee on each person who pays a court ordered penalty, fine, or sanction on a time payment basis, including parking penalties, restitution and juvenile monetary assessments. A time payment basis shall be any penalty, fine, or sanction not paid in full on the date the court imposed the fine, penalty, or sanction.
(J) If a person has been found by the Magistrate Court to be indigent, the Magistrate Court magistrate may reduce the amount of any fee set forth in this Section based upon the individual’s ability to pay.
(K) In addition to any other remedies which may be allowed by law, the Town Attorney is authorized to institute civil legal proceedings in any court of competent jurisdiction to recover any fee owing under this section.
(1974 Code, Art. 5-4) (Ord. 04-002, passed 10-26-2004; Ord. 13-003, passed 10-8-2013)