A. Established:
1. Bond Schedule: There shall be a bond schedule to be adopted by the city council which shall set forth the maximum fines, court costs and applicable state or local fees which may be imposed on any defendant sentenced in the municipal court. For each offense, the total amount of such fines, costs and fees shall be used to set the bond for release from jail with respect to those defendants who are arrested and detained. No person so detained may be released for less than the bond determined by such total.
2. Fines For Traffic Violations And Minor Infractions: A defendant in the municipal court who is charged only with parking or traffic violations, or other minor infraction(s) as determined and communicated to the court clerk by the municipal judge, and as to which no imprisonment is provided as a penalty may pay the full bond amount in lieu of his or her appearance before the court, which payment shall be a final determination of the cause against the defendant which will expedite and assist in the administration of justice. (2013 Code)
3. Minors: Pleas of guilty and the payment of fines and costs will not be accepted from persons under the age of eighteen (18) unless accompanied by their parent or legal guardian. (2002 Code § 2.36.520)
B. Bond Forfeitures And Bench Warrants: In those cases requiring a court appearance, the court may accept forfeiture of the bond and apply it to the fine and costs or forfeit the bond and issue a warrant for the arrest of a defendant failing to appear. (2002 Code § 2.36.540; amd. 2013 Code)
C. Penalty For Failure To Appear: In those cases in which a defendant has given his or her written promise to appear and fails to do so, that person shall, upon conviction of his or her wilful failure to appear, be fined in an amount not to exceed two hundred dollars ($200.00), plus costs and fees. Further, a bench warrant may issue for his or her arrest for his or her failure to appear. Such conviction for failure to appear shall not affect the underlying offense for which the person failed to appear. (2002 Code § 2.36.570; amd. 2013 Code)
D. Court Costs, Fees And Assessments 1 : All applicable costs, fees and assessments for which a defendant in the municipal court may be ordered liable for payment are identified as follows, and authorized amounts shall be identified on the bond schedule adopted in accordance with subsection A1 of this section.
1. Court Costs: Court costs are those monies assessed by the court for general operating expenses necessary to the continued functioning of the court in the final adjudication of any offense charged. Unless otherwise provided by law or unless such costs are suspended by a judge of the municipal court, court costs in an amount not to exceed thirty dollars ($30.00) shall be assessed against and collected by the court clerk or the appropriate finance official of the city from all parties convicted of violations of this code and from all parties ordered to pay court costs in those cases pending before the court. Conviction includes any final adjudication of guilt, including all parties pleading guilty to such violations, all parties pleading nolo contendere or no contest, and parties entering a plea on a suspended, continued or deferred judgment.
2. Administrative Fee On Deferred Sentences: If a deferred sentence is imposed by the court, an administrative fee not to exceed five hundred dollars ($500.00) may be imposed as costs in the case, in addition to the applicable deferral fee.
3. Deferral Fee: For any deferred sentence imposed by the court, a deferral fee in an amount not to exceed the maximum fine that may be imposed upon conviction of that offense may be assessed by the court against a defendant and collected by the court clerk or the appropriate finance official of the city.
4. Remittal To Defray Costs Of Enforcement Of Alcohol Related Offenses: Pursuant to 11 Oklahoma Statutes section 14-111, the court shall remit to the city fifty dollars ($50.00) of each alcohol or drug related offense fine or deferral fee, to be placed into a fund which shall be used to defray the cost of enforcing laws relating to juvenile access to alcohol or other intoxicating substances, other laws relating to alcohol or other intoxicating substances, and traffic related offenses involving alcohol or other intoxicating substances.
5. Court Technology Fee: For the purpose of defraying the cost of purchasing, operating and maintaining computerized, digital communications, and other electronic systems specially necessary to the efficient operation of the municipal court, unless suspended by the court, a fee in an amount not to exceed two dollars ($2.00) shall be assessed against and collected by the court clerk or the appropriate finance official of the city from all parties convicted of violations of this code and from all parties ordered to pay court costs in those cases pending before the court.
6. CLEET Fee: Pursuant to 20 Oklahoma Statutes section 1313.2, upon conviction, and in addition to fines and costs, a nine dollar ($9.00) council on law enforcement education and training (CLEET) penalty assessment shall be collected on offenses punishable by a fine of ten dollars ($10.00) or more or by incarceration, excluding parking or standing violations, and on bond forfeiture.
7. Fingerprinting Fee: Pursuant to 20 Oklahoma Statutes section 1313.3, upon conviction, and in addition to fines and costs, an automated fingerprinting identification system (AFIS) penalty assessment in the amount of five dollars ($5.00) shall be collected on offenses punishable by a fine of ten dollars ($10.00) or more or by incarceration, excluding parking or standing violations, and on bond forfeiture. The court clerk shall cause this amount, as collected, less fifty cents ($0.50) authorized to be retained by the city, to be remitted as required in 20 Oklahoma Statutes sections 1313.2 and 1313.3, on a monthly basis.
8. Laboratory Analysis Fee: Pursuant to 20 Oklahoma Statutes section 1313.2, upon conviction, the defendant shall be required to pay a laboratory analysis fee in the amount of one hundred fifty dollars ($150.00) for each offense, if forensic science or laboratory services are rendered or administered by the Oklahoma state bureau of investigation, by the toxicology laboratory of the office of the chief medical examiner or by any municipality or county in connection with the case. This fee shall be in addition to and not a substitution for any and all fines and penalties otherwise provided for by law for the offense. The court clerk shall cause this amount, as collected, to be remitted as required in 20 Oklahoma Statutes section 1313.2, on a monthly basis.
9. Bureau Of Narcotics Drug Education Fee: Pursuant to 20 Oklahoma Statutes section 1313.2, upon conviction, any person entering a plea of guilty or nolo contendere (no contest) or is found guilty of the crime of misdemeanor possession of marijuana or drug paraphernalia shall be ordered by the court to pay a five dollar ($5.00) fee in addition to and not a substitution for any and all fines and penalties otherwise provided for by law for the offense. The court clerk shall cause this amount, as collected, to be remitted as required in 20 Oklahoma Statutes section 1313.2, on a monthly basis.
10. Alcohol/Drug Testing Fee: Pursuant to 47 Oklahoma Statutes section 752, upon conviction, the person convicted for any offense involving the operation of a motor vehicle while under the influence of or while impaired by alcohol or an intoxicating substance, or both, as a direct result of the incident which caused the collection of blood, breath, saliva or urine specimens, for the purpose of determining the alcohol or other intoxicating substance thereof, shall be ordered by the court to pay an amount equal to the costs incurred for such collection as part of the court costs of the person and shall be remitted to the law enforcement agency bearing such costs. The cost of collecting, retaining and sending or delivering to an independent laboratory the excess specimens of blood, breath, saliva or urine for independent analysis at the option of the tested person shall, upon conviction, also be borne by the tested person at whose option such analysis is performed.
11. Forensic Fee: Pursuant to 20 Oklahoma Statutes section 1313.4, upon conviction of any offense, including traffic offenses but excluding parking and standing violations, the defendant shall be required to pay a forensic science improvement assessment in the amount of five dollars ($5.00) for each offense punishable by a fine of ten dollars ($10.00) or more or by incarceration, or any person forfeiting any bond when charged with any offense, shall be ordered by the court to pay. The assessment shall be in addition to, and not in substitution for, any and all fines and penalties otherwise provided by law for the offense. The court clerk shall cause this amount, as collected, to be remitted as required in 20 Oklahoma Statutes section 1313.2, on a monthly basis; provided, that the city is authorized to retain five percent (5%) of such assessment. The court clerk shall remit such assessments collected, less any amount to be retained, to be remitted as required in 20 Oklahoma Statutes section 1313.4, on a monthly basis.
12. Failure To Use Child Restraint System: Pursuant to 47 Oklahoma Statutes section 11-1112, any person convicted of failure to protect a child by use of a child passenger restraint system or a seat belt, as applicable, shall be punishable by a fine of fifty dollars ($50.00) and shall pay all court costs thereof. Revenue from such fine shall be apportioned to the department of public safety restricted revolving fund and used by the Oklahoma highway safety office to promote the use of child passenger restraint systems. This fine shall be suspended and the court costs limited to a maximum of fifteen dollars ($15.00) in the case of the first offense upon proof of purchase or acquisition by loan of a child passenger restraint system.
13. Costs Of Emergency Run: Pursuant to 63 Oklahoma Statutes section 2819, any person convicted of calling the number 911 for the purpose of making a knowingly false alarm or complaint; reporting knowingly false information which could result in the dispatch of emergency services from any public agency; or calling 911 for nonemergency or personal use shall, in addition to any and all fines and penalties otherwise provided, be ordered to pay an assessment for the resulting costs of any dispatching of emergency personnel and equipment for each such offense.
14. City Retainage For Administration: Pursuant to 11 Oklahoma Statutes section 14-111.1, the municipal court, upon collecting any penalty assessment or other state fee from a defendant pursuant to state law, shall retain eight cents ($0.08) of such monies and may also retain all interest accrued thereon prior to the due date for deposits as provided in state law. (2013 Code)
15. Collection Fee: Pursuant to statute, a collection fee of thirty five percent (35%) of court penalties, costs, fines and fees in cases in which the accused has failed to satisfy a monetary obligation imposed by the court shall be added to any such case which is referred to a collection agency for collection. (Ord. 621, 7-20-2009; amd. 2013 Code)
Notes
| 1 | 1. See also section 1-4-2 of this title. |