Article I. Generally
2.40.010 Court costs and fees.
The following costs and fees may be charged in the Municipal Court:
(a) Mandatory Costs. Except as provided in subsection (e) of this section, upon a finding of guilty, a plea of guilty, a plea of no contest, forfeiture of bond, or diversion, the court shall assess the following court costs:
|
Description |
Traffic – Moving Violations and Other Infractions |
Parking Violations |
Traffic – Nonmoving |
Class A or B Misdemeanors or Class C Assault |
Adult Seatbelt Violations |
Class C Unclassified Misdemeanors |
|---|---|---|---|---|---|---|
|
Judicial Education Fund |
1.00 |
1.00 |
1.00 |
1.00 |
||
|
Local Law Enforcement Training Fund |
1.00 |
1.00 |
1.00 |
|||
|
Law Enforcement Center Training Fund |
11.50 |
11.50 |
11.50 |
|||
|
Commission on Peace Officer Standards and Training Fund |
5.00 |
5.00 |
5.00 |
|||
|
Juvenile Detention Facility |
2.00 |
2.00 |
2.00 |
|||
|
Protection from Abuse Fund |
.50 |
.50 |
.50 |
|||
|
Crime Victims Assistance Fund |
.50 |
.50 |
.50 |
|||
|
Trauma Fund |
1.00 |
1.00 |
1.00 |
|||
|
Law Enforcement Special Revenue Fund |
3.50 |
3.50 |
3.50 |
3.50 |
3.50 |
|
|
Forensic Psychologist Fund |
1.00 |
1.00 |
1.00 |
|||
|
Seatbelt |
None |
|||||
|
Court Technology Fund |
5.00 |
5.00 |
5.00 |
5.00 |
5.00 |
|
|
General Fund |
44.00 |
67.50 |
66.50 |
111.00 |
44.00 |
|
|
TOTAL |
76.00 |
76.00 |
76.00 |
143.00 |
-0- |
76.00 |
(b) Additional Costs. In addition, defendants may be assessed the following costs:
(1) Warrant Fees. For each warrant issued, unless waived for good cause by the judge, a fee of $25.00 shall be assessed.
(2) Incarceration Expenses. Unless waived for good cause by the judge, a fee for incarceration expenses shall be assessed against a defendant in each case in which said defendant is incarcerated pursuant to an order of the Municipal Court judge. The incarceration fee referenced in this subsection shall be determined by multiplying the then current daily rate of incarceration charged to the City of Topeka by Shawnee County Department of Corrections by the number of days actually served by the defendant.
(3) Court-Appointed Attorneys. If the defendant is convicted and, unless waived or reduced for good cause by the judge, court-appointed attorney fees shall be assessed by the court against a defendant in each case in which a Municipal Court judge appoints counsel for said defendant.
(4) Mileage. Mileage, subpoena and witness costs for defense witnesses shall be as set forth in TMC 2.40.450.
(5) Probation Fee. A probation fee as set forth in TMC 2.40.610.
(6) Miscellaneous Fees and Costs. If the defendant is convicted, additional costs and fees may be assessed by the Municipal Court for service of process, transcripts and depositions, commission on collections and credit/debit card transactions.
(c) Except as provided herein, the judge or clerk of the Municipal Court shall remit at least monthly the appropriate assessments received pursuant to this section as required by State law, Kansas Supreme Court rule or City of Topeka policy or ordinance.
(d) For the purpose of determining the amounts to be assessed according to this section, if more than one complaint is filed against an individual arising out of the same incident, all such complaints shall be considered as one case.
(e) A person charged with a violation of the International Property Maintenance Code, adopted pursuant to TMC 8.60.010, shall pay court costs identified in subsections (a) and (b) of this section unless found not guilty. However, upon a finding by the court that payment of court costs will impose manifest hardship on the accused person or the person’s immediate family, the court may waive payment of all or part of the amount due. (Ord. 20384 § 1, 11-1-22. Formerly 2.110.010.)