A. Fines, Fees And Costs:
1. Court Costs: If judgment of conviction is entered, the Clerk of the Court shall tax the cost to the defendant in the sum of thirty dollars ($30.00) or the maximum sum permitted by State law, whichever is greater, plus assessments, plus the fees and mileage of jurors and witnesses, and any jail charges, all of which the defendant shall pay, in addition to any fine that may be imposed.
2. Administrative Fee: In any case where a sentence is imposed, the Municipal Court may impose, in addition to the court cost set out in subsection A1 of this section, a maximum of five hundred dollars ($500.00) as an administrative fee.
3. Deferral Fee:
a. In any case where a deferred sentence is imposed, the court shall impose a deferral fee in lieu of a fine and costs. Such deferral fee shall not exceed the maximum fine and costs for the same offense as set forth in the Oklahoma Statutes. The maximum deferral fee in lieu of a fine for traffic related offenses relating to speeding or parking shall not exceed two hundred dollars ($200.00). The maximum deferral fee in lieu of a fine for alcohol related or drug related offenses shall not exceed eight hundred dollars ($800.00). For all other offenses, the maximum deferral fee in lieu of a fine shall not exceed five hundred dollars ($500.00).
b. The court shall remit fifty dollars ($50.00) of each alcohol fine or deferral fee to a fund of the Town that shall be used to defray costs for enforcement of laws relating to juvenile access to alcohol, other laws relating to alcohol and other intoxicating substances, and traffic related offenses involving alcohol or other intoxicating substances.
4. Incarceration Costs:
a. Upon conviction or receiving a continued sentence, a person who was actually received into custody at a jail facility utilized by the Town for the purposes of housing prisoners for alleged or adjudicated violations of Town ordinances shall pay the costs of incarceration. The court shall order the defendant to reimburse the costs of incarceration upon conviction or upon entry of a continued sentence unless the defendant is a person with a "mental illness" as defined by 43A Oklahoma Statutes section 1-103. Costs of incarceration include booking, receiving and processing out, housing, food, clothing, medical care, dental care and psychiatric services.
b. The costs of incarceration shall be determined by the Municipal Court Judge at an evidentiary hearing with the Police Chief which determines the average daily costs of incarceration in the particular jail. The Municipal Judge shall issue an administrative order promulgating the information regarding the costs of incarceration at the particular jail. The administrative order shall be made readily available in the Municipal Court Clerk's Office and the particular jail and shall be updated annually.
c. The Municipal Court may then take judicial notice of this information in assessing incarceration costs in subsequent cases.
5. Collection Fee: A collection fee of thirty five percent (35%) of court penalties, cost fines, and fees in cases in which the accused has failed to appear or otherwise 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. (2018 Code)
B. Enforcement Of Fines And Costs:
1. Imprisonment: If a defendant who is financially able refuses or neglects to pay a fine or costs, or both, payment may be enforced by imprisonment until the same shall be satisfied at the rate of twenty five dollars ($25.00) per day. (2014 Code § 6-129; amd. 2018 Code)
2. Certified To District Court: If the defendant is without means to pay the fine or costs, the Municipal Judge may direct the total amount due to be entered upon the court minutes and to be certified to the District Court where it shall be entered upon the District Court docket and shall have the full force and effect of a District Court judgment. Thereupon, the same remedies shall be available for the enforcement as are available to any other judgment creditor. (2014 Code § 6-129)
3. Prisoners To Work:
a. All prisoners confined to jail on conviction or on plea of guilty may be compelled, if their health permits, to work on community projects, the public streets, avenues or ways, public buildings, or other public premises or property. For each day of such work, the prisoner or defendant shall be paid not less than fifty dollars ($50.00). (2014 Code § 6-129; amd. 2018 Code)
b. The Town shall direct where the work shall be performed. The appropriate officer shall oversee the work. If a guard is necessary, the Chief of Police shall make provision therefor. (2014 Code § 6-129)
C. Acts Punishable By Different Sections: In all cases where the same offense is made punishable or is created by different sections of this Code, the Town Attorney may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense. (2014 Code § 6-130)
D. Contempt Of Court: Obedience to the orders, rules and judgments made by the court may be enforced by the Judge, who may fine or imprison for contempt committed as to him while holding court, or committed against process issued by him, in the same manner and to the same extent as the District Courts of this State. (2014 Code § 6-131)
E. Penalty Assessments:
1. Any person: a) convicted of an offense punishable by a fine of ten dollars ($10.00) or more or by imprisonment, excluding parking and standing violations; or b) forfeiting bond when charged with such an offense under item a of this subsection shall pay a sum as set by State law as a separate penalty assessment for law enforcement training, and as a separate fingerprinting fee, which shall be in addition to and not in substitution for any and all fines and penalties and costs otherwise provided for such offense. The court shall provide for separate bail for the assessments; however, a defendant admitted to bail on an undertaking by a surety may include the amount of the assessment in the undertaking.
2. Upon conviction or bond forfeiture, the court shall collect the assessment and deposit the monies for payment as required by State law. (2014 Code § 6-132)
3. At the end of every quarter, the Town shall deposit with the Oklahoma State Treasury the funds deposited in the law enforcement training funds, the AFIS (Automated Fingerprinting Identification) Fund and the forensic science improvement fee as required by law. The Court Clerk shall also furnish to the State Treasury reports required on the funds collected and penalty assessments imposed each quarter. (2014 Code § 6-132; amd. 2018 Code)
4. For the purpose of this subsection E, "conviction" means any final adjudication of guilt, whether pursuant to a plea of guilty or nolo contendere or otherwise, and any deferred or suspended sentence or judgment. (2014 Code § 6-132)
F. Failure To Pay Fines:
1. All fines shall be recoverable by civil action before any court of competent jurisdiction in addition to any other method provided by law.
2. The failure to pay a fine levied pursuant to this Code shall constitute a separate offense against the Town, subject to a fine as provided in section 1-4-1 of this title.
3. If a fine is not paid by the defendant, the fine may be collected by committing the defendant to the County Jail, where he shall remain until his fine and any costs assessed against him are discharged, either by payment or by confinement in jail, or by working in accordance with other provisions of this section or State law. (2014 Code § 6-133)
4. Failure to pay pursuant to a plea of guilty or nolo contendere, or otherwise, must be paid by cash, money order, or cashiers check. No personal checks, debit or credit card, or giving bond will be accepted. (2018 Code)