MACDC has no concerns with this bill as it related to the duties of the Clerk of District Court. This fee increase only applies to courts of limited jurisdiction.
Email from Landee Holloway: The reasoning behind this bill is that the amount of funding has decreased from the surcharge collections. Some of the testimony going around the legislature is that the some of the judges are refusing to collect the $10. We have repeatedly stated that to be untrue. The fact of the matter is, the amount of criminal filings state wide have decreased, therefore the surcharge amounts would also decrease proportionately. Testimony has shown that the law enforcement academy does not charge a tuition for attendance at the academy, only a board and room reimbursement fee. They expect to be fully funded from the surcharge. The limited courts, county Justice and City courts, are the only ones that impose and collect the law enforcement surcharge as the district courts do not. The counties and cities only receive less than 1/3 of an $85 fine, are responsible for all the costs of law enforcement, prosecution and court costs but are still required to pay for our mandatory training twice a year. Why should the law enforcement academy be different? Let the State fund them. Our policy statement is list below: The general membership of Montana Magistrates Association has unanimously voted to oppose the passage of all new surcharges. Montana law currently requires Courts to collect three mandatory surcharges in all minor misdemeanor automobile offenses, misdemeanor traffic and fish and game offenses, with the exception of seatbelt violations, daytime or nighttime speeding and open container. These mandatory surcharges amount to thirty-five dollars. Montana Code Annotated 3-1-318 mandates ten dollars for funding of the law enforcement academy, 3-1-317 mandates ten dollars for court automation and 46-18-236 mandates fifteen dollars to fund Deputy County Attorneys. These surcharges are mandatory and may only be waived on a finding of indigency. Additionally, these surcharges must be collected and distributed first.
So as an example, a standard fine or appearance bond for 61-8-344, stop sign violation, is eighty-five dollars. Outside of seat belt and speeding violations, eighty-five dollars is the standard minimum amount imposed. Thirty-five dollars is in surcharges and fifty dollars is the fine. The fifty- dollar fine is split evenly between the State and County or City coffers. The surcharges must be collected first and may not be adjusted. Therefore, any adjustment for a suspended sentence, a deferred sentence or in some instances fines determined uncollectable, is taken directly from County or City coffers and the State coffers. The Courts of Limited Jurisdiction collect the majority of these state imposed fines and surcharges with less than a third of these minor fines being retained in the County or City to pay for operational costs of Prosecution, Law Enforcement and Courts.
Montana Law requires an additional fifty dollar surcharge to be imposed in cases of felony and misdemeanor crimes (45 code violations) and DUI offenses pursuant to 46-18-236 to fund victim advocacy programs. Therefore, the total surcharges collected for these offenses totals eighty five dollars. These surcharges must be imposed, collected, and distributed first. The fines are split evenly between State and City or County coffers. Fines imposed are higher for these offenses and percentages kept by government coffers is higher. However, so are the operational costs as more of these offenses end up in trial and etc. The Montana Legislature has had many requests for passage of new surcharges during the last couple of legislative sessions. Many of these requests would have provided funding for good causes. However, where do you draw line? The Montana Magistrates believe that a thirty-five dollar tax on a fifty dollar fine or an eighty-five dollar tax upon all fines from zero up to five hundred dollars is enough. These surcharges and fines are getting harder for defendant’s to pay and more difficult for courts to collect.
MACDC has no concerns with this bill as it related to the duties of the Clerk of District Court. This fee increase only applies to courts of limited jurisdiction.
ReplyDeletePer Rob Taylor: No issues.
ReplyDeleteEmail from Landee Holloway:
ReplyDeleteThe reasoning behind this bill is that the amount of funding has decreased from the surcharge collections. Some of the testimony going around the legislature is that the some of the judges are refusing to collect the $10. We have repeatedly stated that to be untrue. The fact of the matter is, the amount of criminal filings state wide have decreased, therefore the surcharge amounts would also decrease proportionately. Testimony has shown that the law enforcement academy does not charge a tuition for attendance at the academy, only a board and room reimbursement fee. They expect to be fully funded from the surcharge. The limited courts, county Justice and City courts, are the only ones that impose and collect the law enforcement surcharge as the district courts do not. The counties and cities only receive less than 1/3 of an $85 fine, are responsible for all the costs of law enforcement, prosecution and court costs but are still required to pay for our mandatory training twice a year. Why should the law enforcement academy be different? Let the State fund them. Our policy statement is list below:
The general membership of Montana Magistrates Association has unanimously voted to oppose the passage of all new surcharges. Montana law currently requires Courts to collect three mandatory surcharges in all minor misdemeanor automobile offenses, misdemeanor traffic and fish and game offenses, with the exception of seatbelt violations, daytime or nighttime speeding and open container. These mandatory surcharges amount to thirty-five dollars. Montana Code Annotated 3-1-318 mandates ten dollars for funding of the law enforcement academy, 3-1-317 mandates ten dollars for court automation and 46-18-236 mandates fifteen dollars to fund Deputy County Attorneys. These surcharges are mandatory and may only be waived on a finding of indigency. Additionally, these surcharges must be collected and distributed first.
So as an example, a standard fine or appearance bond for 61-8-344, stop sign violation, is eighty-five dollars. Outside of seat belt and speeding violations, eighty-five dollars is the standard minimum amount imposed. Thirty-five dollars is in surcharges and fifty dollars is the fine. The fifty- dollar fine is split evenly between the State and County or City coffers. The surcharges must be collected first and may not be adjusted. Therefore, any adjustment for a suspended sentence, a deferred sentence or in some instances fines determined uncollectable, is taken directly from County or City coffers and the State coffers. The Courts of Limited Jurisdiction collect the majority of these state imposed fines and surcharges with less than a third of these minor fines being retained in the County or City to pay for operational costs of Prosecution, Law Enforcement and Courts.
Montana Law requires an additional fifty dollar surcharge to be imposed in cases of felony and misdemeanor crimes (45 code violations) and DUI offenses pursuant to 46-18-236 to fund victim advocacy programs. Therefore, the total surcharges collected for these offenses totals eighty five dollars. These surcharges must be imposed, collected, and distributed first. The fines are split evenly between State and City or County coffers. Fines imposed are higher for these offenses and percentages kept by government coffers is higher. However, so are the operational costs as more of these offenses end up in trial and etc.
The Montana Legislature has had many requests for passage of new surcharges during the last couple of legislative sessions. Many of these requests would have provided funding for good causes. However, where do you draw line? The Montana Magistrates believe that a thirty-five dollar tax on a fifty dollar fine or an eighty-five dollar tax upon all fines from zero up to five hundred dollars is enough. These surcharges and fines are getting harder for defendant’s to pay and more difficult for courts to collect.