In accordance with, and as required by the ORC, the following Xenia Municipal Court funds are hereby established:
(a) Clerk's Computerization Fund.
(1) All court costs/fees collected by the Xenia Municipal Court pursuant to ORC 1901.261(B) on the filing of each cause of action or appeal, on the filing, docketing, and endorsing of each certificate of judgment, or on the docketing and indexing of each aid in execution or petition to vacate, revive, or modify a judgment shall be paid to the Finance Director for deposit into the Clerk's Computerization Fund.
(2) All court costs/fees collected by the Xenia Municipal Court pursuant to ORC 1901.261(B) shall be paid to the Finance Director for placement in the Clerk's Computerization Fund on or before the twentieth day of the month following the month in which such fees were collected.
(3) Moneys from the Clerk's Computerization Fund shall be disbursed upon an order from the Court, subject to an appropriation by the City Council, in an amount not greater than the actual cost to the Court of procuring and maintaining computer systems for the office of the Clerk of the Court.
(ORC 1901.261(B))
(b) Court's Computerization Fund.
(1) All court costs/fees collected by the Xenia Municipal Court pursuant to ORC 1901.261(A) on the filing of each cause of action or appeal shall be paid to the Finance Director for deposit into the Court's Computerization Fund.
(2) All court costs/fees collected by the Xenia Municipal Court pursuant to ORC 1901.261(A) shall be paid to the Finance Director for placement in the Court's Computerization Fund on or before the twentieth day of the month following the month in which such fees were collected.
(3) Moneys from the Court's Computerization Fund shall be disbursed upon an order from the Court, subject to an appropriation by the City Council, in an amount not greater than the actual costs to the Court of computerizing the Court, procuring and maintaining computerized legal research services, or both.
(4) If the Court determines that the funds in the Court Computerization Fund are more than sufficient to satisfy the purpose for which the additional fee described in division (a) of this section was imposed, the Court may declare a surplus in the fund and, subject to an appropriation by the City Council, expend those surplus funds for other appropriate technological expenses of the Court.
(5) A disbursement of funds under subdivision (b)(3) or the declaration of a surplus under subdivision (b)(4), may be made upon an order of the Court without an appropriation by the City Council only if the Court makes an annual report available to the public listing the use of all such funds.
(Statutory Reference ORC 1901.261(A))
(c) Court Special Projects Fund.
(1) All fees and/or special assessments collected by the Xenia Municipal Court pursuant to ORC 1901.26(B) shall be paid to the Finance Director for deposit into the Court Special Projects Fund.
(2) The Finance Director may create one or more specific cost centers within the Court Special Projects Fund for the receipt of moneys for specific special projects, including special programs or services established by the Court, as directed by order of the Court. The amounts placed in such specific cost centers for specific special projects shall be as set forth in the order of the Court. If a specific cost center is terminated because of the discontinuance of a program or service for which the specific cost center was created, the Court may order that moneys remaining in that specific cost center be transferred to another cost center for a similar purpose.
(3) Moneys from the Court Special Projects Fund shall be disbursed upon an order from the Court and may only be used for the one or more allowable purposes, as listed in ORC 1901.26(B)(1)(a), or if the moneys were placed in a specific cost center for a specific special project, the funds in the specific cost center may only be used for the special project for which they were charged or assessed. No disbursement shall be in an amount greater than the actual cost to the Court of the purpose for which the disbursement is made.
(4) Moneys in specific cost centers for specific special projects shall be disbursed upon an order from the Court and may only be used for the specific special project for which the cost center was established, and such disbursement shall not be in an amount greater than the actual cost to the Court for the specific special project for which the disbursement is made.
(ORC 1901.26(B))
(d) IDAT (Indigent Drivers Alcohol Treatment) Fund.
(1) The IDAT (Indigent Drivers Alcohol Treatment) Fund shall be used to receive and account for all revenue appropriated by the Ohio General Assembly to the State Indigent Drivers Alcohol Treatment Fund for transfer, all portions of fees and fines that are to be paid to the IDAT Fund under the ORC, specifically under Chapters 4510. and 4511., and all portions of additional costs imposed under ORC 2949.094 that are specified for deposit in the IDAT Fund.
(2) The Xenia Municipal Court Judge, by order, may make expenditures from the IDAT Fund with respect to an indigent person, as defined in ORC 4511.191(H)(3), for any of the purposes set forth in ORC 4511.191(H)(3).
(3) Upon the exhaustion of moneys in the IDIAM Fund for the use of an alcohol monitoring device, the Xenia Municipal Court Judge may use moneys in the IDAT Fund as set forth in ORC 4511.191(H)(3)(c).
(4) If the Xenia Municipal Court determines, in consultation with the alcohol and drug addiction services board or the board of alcohol, drug addiction, and mental health services serving the district in which the court is located, that the funds in the IDAT Fund are more than sufficient to satisfy the purpose for which the IDAT Fund was established, the Court may declare a surplus in the IDAT Fund. If the Court declares a surplus in the IDAT Fund, the Court may take any of the actions with regard to the amount of the surplus as outlined in ORC 4511.191(H)(4).
(ORC 4511.191(H))
(e) IDIAM (Indigent Drivers Interlock & Alcohol Monitoring) Fund.
(1) The IDIAM (Indigent Drivers Interlock & Alcohol Monitoring) Fund shall be used to receive and account for all revenue appropriated by the Ohio General Assembly to the State Indigent Drivers Interlock and Monitoring Fund for transfer and all portions of fees and fines that are to be paid to the IDIAM Fund under the ORC, specifically license reinstatement fees and fines under ORC 4511.191(F) and ORC 4511.19(G).
(2) The Xenia Municipal Court Judge, by order, may make expenditures from the IDIAM Fund to pay the cost of an immobilizing or disabling device, including a certified ignition interlock device, or an alcohol monitoring device used by an offender who is ordered to use the device by the Judge and who is determined by the Judge to be an indigent person, as the same is defined in ORC 4511.191.
(3) If the Municipal Court determines that the moneys in the IDIAM Fund are more than sufficient to satisfy the purpose for which the Fund was established, the Court may declare a surplus in the Fund. The Court then may order the transfer of a specified amount into the IDAT Fund.
(ORC 4511.19(G); 4511.191(F) and (I))
(Ord. 2022-44. Adopted 11/22/22)
(f) Municipal Court Victim Advocate Fund.
(1) The Municipal Court Victim Advocate Fund shall be used to receive and account for all fees or special assessments collected by the Xenia Municipal Court pursuant to ORC 1901.26(A) to provide supplemental funding for the Victim Advocate Program administered by the Law Department.
(2) Moneys deposited into the Fund shall be used to provide victim advocate services, as required by the Ohio Constitution, to victims of crime, in whatever fashion deemed appropriate by the Law Director.
(Ord. 96-6. Adopted 01/25/96; Ord. 2022-44. Adopted 11/22/22)
(g) Municipal Court Probation Services Fund.
(1) Monthly probation supervision fees collected by the Xenia Municipal Court pursuant to ORC 2951.021 shall be paid to the Finance Director for deposit into the Municipal Court Probation Services Fund.
(2) The Municipal Court Probation Services Fund may also be used to receive federal or state grant moneys.
(3) Moneys within this Fund shall be disbursed upon the request of the Xenia Municipal Court Probation Department, for use only by that Department for specialized staff, purchase of equipment, purchase of services, reconciliation programs for offenders and victims, other treatment programs, including community addiction service providers, determined appropriate by the Chief Probation Officer, and other similar expenses related to placing offenders under a community control sanction.
(4) Any moneys received from a federal or state grant and/or loan shall only be used in accordance with the terms of the grant and/or loan. The Finance Director may create specific cost centers when required for the purpose of accounting for grants or loans.
(5) Any money in the Municipal Court Probation Services Fund at the end of the fiscal year shall not revert to the City's General Fund but shall be retained in the Municipal Court Probation Services Fund.
(ORC 737.41)
(Ord. 2022-44. Adopted 11/22/22)