HomeMy WebLinkAboutPO 5844: MUNICIPAL COURT JUVENILE CASE MANAGER FUNDinteroffice
MEMORANDUM
To: Mayor, City Council, and
From: Valecia R. Tizeno, First
Date: March S, 2008
Subject: P. O. No. 5844; Council
City Manager v ~V ,
Assistant City Attorney ~~2i~
Meeting March 11, 2008
Attached is P. O. No. 5844 adding Section 30-5 to the Code of
Ordinances to establish a Municipal Court Juvenile Case Manager
Fund; providing for a severance and savings clause, publication,
and an effective date.
The Legislature made it possible for Municipal Courts to
collect additional fees for the purpose ofestablishing a Juvenile
Case Manager Fund. The salary and benefits of a Juvenile Case
Manager can be paid out of said fund. The attached City Ordinance
must be adopted prior to collecting the fee from all guilty case
dispositions with the exception of parking citations. The
effective date of this Ordinance will be April 1, 2008.
A Juvenile Case Manager will serve as an advocate for
juveniles and a liaison between the juvenile and the court. The
City of Port Arthur handles a large proportion of juveniles and
would greatly benefit by having an individual to specifically work
with these cases. For example, the City of Hurst estimates that.
for the fiscal year 2007-2008 it will generate between $60,000 and
$70,000 annually from this fund. Additionally, cities such. as
Beaumont, Killeen, and Bay City have been extremely successful with
the use of this fund. Therefore, we recommend collecting fees for
the fund beginning April 1, 2008, and. evaluating its progress and
deciding if the fund can support the cost associated with a
permanent Juvenile Case Manager.
VRT:gt
Attachment
cc: Acting City Secretary
Judge Morrison, Municipal Court Judge
z.po5849 memo
P. O. No. 5844
03/05/08 VT
ORDINANCE NO.
AN ORDINANCE ADDING SECTION 30-5 TO THE CODE OF
ORDINANCES TO ESTABLISH A MUNICIPAL COURT JUVENILE CASE
MANAGER FUND; PROVIDING FOR A SEVERANCE AND SAVINGS
CLAUSE, PUBLICATION, AND AN EFFECTIVE DATE.
WHEREAS, in its 79th Regular Legislative Session, the Texas Legislature
amended the Texas Code of Criminal Procedure, by adding a new Section
102.0174 thereto, which amendment authorizes municipalities, by ordinance, to
create a "juvenile ease manager fund" ("Fund")and require defendants convicted
of 'fine-only misdemeanor offences' to pay a case manager fee not to exceed five
dollars ($5.00)-into such Fund, as a costof court; and
WHEREAS, the City Council has considered the implementation of such a
Fund, related to the City's Municipal Court, and has determined that the Fund
would benefit the operations of the Municipal Court, as well as the health, safety
and welfare of the Port Arthur community at large, by providing the youth of the
City with access to a juvenile case manager for the court; and
WHEREAS, the City Council desires to establish a Municipal Court
Juvenile Case Management Fund.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF PORT ARTHUR, TEXAS:
Section 1. That-the facts in the preamble are true and correct
Section 2. That Section 30-5 is hereby added to Chapter 30 of the Code of
Ordinances to read as follows:
Section 30-5. Juvenile Case Manaoer Fee/Fund.
(a) There is hereby established a Municipal Court Juvenile Case Manager
Fund, as set forth in the Texas Code of Criminal Procedure, Article
102.0174 ("Fee"). This fund will provide for the salary and benefits of a
juvenile case manager in the municipal court.
(b) A defendant convicted of a 'fine-only misdemeanor offense' in
Municipal Court shall pay a Juvenile Case Manager Fee of Five dollars
($5.00), as a court cost. The Fee does not apply to parking citations. This
fee shall be deposited into the Municipal Court Juvenile Case Manager
z.po5844
Fund. For purposes of this section, a person is considered to be
convicted' if:
(1) A sentence is imposed on the defendant by the Court: or
(2) The defendant receives deferred disposition from the Court, including
deferred proceedings under Article 45.052 or 45.053 of the Texas Code of
Criminal Procedure.
(c) The Municipal Court Judge is authorized. to waive the Juvenile Case
Manager Fee in cases of demonstrated financial hardship on the part of a
convicted defendant. For example, the Municipal Court Judge may waive
the Fee if the Judge has determined that the defendant is: indigent; has
insufficient resources or income to pay the Fee; or, is otherwise unable to
pay all or part of the underlying fine or costs.
(d) The Municipal Court clerks. shall collect the Fee and pay it to the
Finance Department to be kept in a separate fund known as the "Juvenile
Case Manager Fund." ;
(e) The Fund may be used to finance the salary and benefits of a juvenile
case manager that is employed by the Municipal Court under Texas Code
of Criminal Procedure, Article 45.056.
(f) Upon approval of the City Council, the Municipal Court may employ a
juvenile case manager to assist the Court in administering the Court's
juvenile docket and in supervising its court orders in juvenile cases.
(h) The Juvenile Case Manager Fee shall be charged to and applied only
to conduct that occurred after April 1, 2008.
Section 3. This Ordinance or its caption and penalty shall be published at least
one (1) time within ten days after final passage hereof in the official newspaper of
the City of Port Arthur. This Ordinance shall take effect immediately after the
date of such publications.
Section 4. That this Ordinance shall take-effect upon the date of final passage
noted below, or when all applicable publication requirements, if any, are satisfied
in accordance with the City's Charter, Code of Ordinances, and the laws of State
of Texas.
Section 5. That a copy of the caption of this Ordinance be spread upon the
Minutes of the City Council
z.po5844
READ, ADOPTED AND APPROVED on this the day of
A.D., 2008, at a Council Meeting of the City Council of the City of
Port Arthur, Texas, by the following vote:
AYES: Mayor
Mayor Pro Tem
Councilmembers ,
NOES:
MAYOR
ATTEST:
ACTING CITY SECRETARY
APPROVED A9 TO FORM:
CITY ATT'~R(~fE~~ 6N h~y,~-¢,~j ~ g~~
APPROVED FOR ADMINISTRATION:
STEVE FITZGIBBONS, CITY MANAGER
z.po58k4