Title
An Ordinance Amending Section 106 (Failure to Pay Fine) of Article 3 (Procedures) of Chapter 11 (Municipal Court) of The Code of The City Of Colorado Springs 2001, as amended, Pertaining to Failure to Pay Fines, Costs, and Surcharges.
Presenter:
Commander John Koch, Colorado Springs Police Department
Frederick Stein, Public Safety Attorney, City Attorney’s Office
Body
Summary:
There is no mechanism in the City Code allowing the municipal court to waive costs or surcharges for indigent defendants. Only fines are waivable. This ordinance corrects that oversight and provides the municipal court a way to impose all mandatory costs and surcharges but later waive them when indigent defendants prove they do not have the ability to pay.
Background:
For many years, court costs and surcharges have been imposed as part of all municipal convictions pursuant to City Code § 1.1.201, excluding AVIS and parking violations. Currently, a $35 pedestrian safety surcharge is imposed on all traffic-related convictions, and a $5 IT surcharge is imposed on all convictions. Court costs of $25 are also imposed on all cases.
Colorado Revised Statutes § 18-1.3-702 requires all courts of record, which includes Colorado Springs Municipal Court, to provide due process for the imposition and waiver of any court-imposed monetary costs, which includes fines, court costs, and surcharges. Under that statute, a defendant must be afforded an opportunity to prove they are indigent and unable to pay any monetary costs, in which case the costs are waived.
The judges of the municipal court have been waiving costs and surcharges for those indigent defendants pursuant to the requirements of C.R.S § 18-1.3-702, despite City Code not providing a codified mechanism. City Code § 11.3.106 only affords the municipal court judges the ability to waive fines, not court costs or surcharges. This ordinance amends City Code § 11.3.106 so that the court may impose, delay payment of, and waive fines, costs, and surcharges for qualifying defendants.
The City Attorney’s Office recommends approving an Ordinance Amending Section 106 (Failure to Pay Fine) of Article 3 (Procedures) of Chapter 11 (Municipal Court) of The Code of The City Of Colorado Springs 2001, as amended, Pertaining to Failure to Pay Fines, Costs, and Surcharges.
Previous Council Action:
City Code § 11.3.106 was added in 1968 by Ord. 4718 and last amended in 2016 by Ord. 16-38.
Financial Implications:
Not anticipated. The municipal court already extends a defendant’s time to pay monetary costs when requested and waives costs, surcharges, and fines for indigent defendants. This ordinance merely codifies those actions.
City Council Appointed Board/Commission/Committee Recommendation:
N/A
Stakeholder Process:
The Chief Judge of the municipal court was asked for comment.
Alternatives:
City Council can adopt the proposed ordinances as presented, amend the proposed ordinances, or decline to adopt the proposed ordinances.
Recommended Action
Proposed Motion:
Move approval of an Ordinance Amending Section 106 (Failure to Pay Fine) of Article 3 (Procedures) of Chapter 11 (Municipal Court) of The Code of The City Of Colorado Springs 2001, as amended, Pertaining to Failure to Pay Fines, Costs, and Surcharges.
Summary of Ordinance Language
An Ordinance amending City Code § 11.3.106 to “Failure to Pay Fines, Costs, or Surcharges” to comply with C.R.S. § 18-1.3-702 and provide the municipal court with an appropriate mechanism for the waiver of fines, costs, and surcharges for indigent defendants.