MEMORANDUM
To:
Mayor Woerther and City Council Members
From:
Ryan S. Thomas, City Administrator
Date:
August 6, 2015
Re:
Municipal Court Reform Legislation / Community Service Program
At its August 4, 2015 Meeting, the Administration/Public Works Committee was provided
background from Municipal Judge Rick Brunk regarding the new municipal court reform legislation
(MO Senate Bill 5), for the purpose of providing a general understanding of the impact it will have on
the Wildwood Municipal Court operations, and to identify specific action for the City Council to take
under consideration.
Recommended Action
The Committee recommends amending Section 135.305 of the Wildwood Municipal Code,
pertaining to the City’s Community Service Program. Judge Brunk has recommended certain
revisions to the Municipal Court’s Community Service Program in order to satisfy the spirit of the
state statute, to anticipate future changes in state law and to provide the Municipal Judge with more
flexibility in ordering community service as a condition of probation.
Attached is a black-lined and clean copy of the proposed amended code. By way of summary,
these revisions accomplish the following:
(1)
Expands the purposes for community service to include charitable, religious and
educational purposes (in addition to public). The decision to approve a
particular purpose (for a particular entity) will be made by the Municipal Judge;
(2)
Includes language to the effect that the defendant may refuse community
service as a condition of probation, in which event the Municipal Judge will set
the terms of the sentence or other disposition to be imposed and render
judgment accordingly;
(3)
Includes a cross-reference to Section 559.021 of the Missouri Revised Statutes;
Planning Tomorrow Today
16860 Main Street  Wildwood, Missouri 63040  636-458-0440 phone  636-458-6969 fax
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(4)
Includes language to the effect that the number of hours will be determined by
the Municipal Judge;
(5)
Retains language to the effect that the City (whether through the City
Administrator, Public Works Director, Planning Director, Parks Director or Police
Department) will assign and supervise the work that is performed for the City of
Wildwood;
(6)
Grants the Municipal Judge the discretion to impose a fee to cover the costs of
administering the program.
Other Advisory Items
In addition to the recommended action, as described above, Judge Brunk advised of numerous other
impacts from Senate Bill 5 for the City Council to be aware of, as follows:
1. Minor Traffic Violations (MTVs) are removed from the Failure to Appear in Court for
Traffic offense (FACT) suspension process. The anticipated result will be an increase in
the number of defendants failing to appear in court.
2. The Supreme Court shall develop rules regarding conflict of interest for any prosecutor,
defense attorney, or judge that has a pending case before the municipal division of any
circuit court. Until such new rules exist, impact on the City is to be determined. The
Court will comply with all Supreme Court Rules.
3. "Court costs", costs, fees, or surcharges which are retained by a county, city, town, or
village upon a finding of guilty or plea of guilty, and shall exclude any costs, fees, or
surcharges disbursed to the state or other entities by a county, city, town, or village.
Court staff will now have to breakdown the fees collected on MTV's, as distinguished
from other charges, to determine fees distributed to the state and county for CVC, POST
and Domestic Violence Shelter.
4. The Office of State Court Administrators (OSCA) has indicated it will further define
"MTV" cases. Court staff will now have to be aware of the specific type of case to
distinguish MTV's from other cases. They will have to separately track payments and
take care re: their other handling (warrants, incarceration, maximum fine amount . . .) of
MTV's, as distinguished from other cases. Current software used by court staff will also
need to be configured to track MTV's separately.
5. The court shall not assess a fine, if combined with the amount of court costs, totaling in
excess of three hundred dollars. Court staff and Prosecuting Attorney are aware of the
$300.00 maximum re: MTV's. The Court adopted the new, St. Louis County-wide
Violation Bureau payment schedule. Fines and costs paid pursuant to the VB schedule
would not reach the $300 threshold. The definition of MTV makes no mention of prior
offenses as a factor.
6. The court shall not sentence a person to confinement, except the court may sentence a
person to confinement for violations involving alcohol or controlled substances,
violations endangering the health or welfare of others, and eluding or giving false
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information to a law enforcement officer. City ordinance violations rarely result in
incarceration. Most who have been sentenced to jail time have already been in custody
on a warrant for failing to appear in court. They plead guilty and are sentenced to time
served. There will be a reduction in the total jail time reported because credit for time
served is no longer an option for such defendants.
7. A person shall not be placed in confinement for failure to pay a fine unless such
nonpayment violates terms of probation. The Court has never confined anyone for
failing to pay. However, this change raises the concern that if a defendant fails to pay
and fails to appear in court to request additional time to pay, it may be inappropriate to
issue an arrest warrant. Expect an increase in defendants who fail to appear and/or pay
fine and costs.
8. Court costs that apply shall be assessed against the defendant unless the court finds
that the defendant is indigent based on standards set forth in determining such by the
presiding judge of the circuit. Such standards shall reflect model rules and requirements
to be developed by the Supreme Court. When new standards are set forth, the Court
will apply them. The Court currently uses a form used by Circuit Courts to determine
whether a defendant qualifies for a Public Defender.
9. If a person fails to pay court costs, fines, fees, or other sums ordered by a municipal
court, to be paid to the state or political subdivision, a municipal court may report any
such delinquencies in excess of twenty-five dollars to the director of the department of
revenue and request that the department seek a setoff of an income tax refund as
provided by sections 143.782 to 143.788. The department shall promulgate rules
necessary to effectuate the purpose of the Offset Program. The Court will participate
when/if the necessary rules are promulgated. DOR has long taken the position that it
has insufficient staff and funding to implement this option.
10. Every county, city, town, and village shall file with the state auditor, together with its
report due under section 105.145, its certification of its substantial compliance signed
by its municipal judge with the municipal court procedures set forth in this subsection
during the preceding fiscal year. The procedures to be adopted and certified include the
following: The Court will prepare a format to provide its certification of substantial
compliance.
11. Defendants in custody pursuant to an initial arrest warrant issued by a municipal court
shall have an opportunity to be heard by a judge in person, by telephone, or video
conferencing as soon as practicable and not later than forty-eight hours on minor traffic
violations and not later than seventy-two hours on other violations and, if not given that
opportunity, are released; The Judge, Provisional Judge, Court Administrators,
Prosecuting Attorney, Assistant Prosecuting Attorney and police staff will need to
establish communication procedures to ensure compliance. They will be considering use
of the unsecured bond procedure.
12. The municipal court shall make use of alternative payment plans and community service
alternatives, and adopt an electronic payment system or payment by mail for the
payment of minor traffic violations. The Court has always made use of payment plans
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and community service. However, while the current City ordinance satisfies the letter of
the law, modification (see Action Item 1) is needed to satisfy the spirit of the law.
13. The municipal court shall adopt an electronic payment system or payment by mail for
the payment of minor traffic violations. The Court has always accepted payment by mail.
The Court also accepts payments via Trafficpayment.com, a fee based provider, which
enables online or telephone payments. Consider authorizing acceptance of Credit/Debit
Cards.
Bill #2121 has been placed on the City Council Agenda, which would amend the Community Service
Program for the City of Wildwood as recommended.
RST
Section 135.305. Community Service Program As An Available PenaltyA
Condition of Probation.
A.
TheSubject to the provisions of this Ordinance, as a condition of probation, and/or in
lieu of all or part of any fine or term of imprisonment, or both, the Municipal Judge for
the City of Wildwood or other personsthe person performing the duties of the Municipal
Judge, are hereby authorized and empowered to cause all persons who have pleaded guilty
or havemay order any person who (a) has pleaded guilty or been convicted and
sentenced, or (b) received a suspended imposition of sentence, for violating an
ordinance of the City of Wildwood, whether the punishment be a fine or imprisonment or
both, and such persons who voluntarily accept community service as alternative to a guilty
plea or conviction, to performto perform alternative community service by performing
work or labor.
B.
Such alternative community service may consist of:
(a) service on the public streets, highways and, alleys or other, public works or,
buildings or public grounds of the City of Wildwood or of other governmental entities for
such purposes as may be deemed necessary for the public good.; and/or
(b) service for a charitable, religious or educational organization or entity.
C.
If the alternative community service is to be performed for a charitable, religious or
educational organization or entity, the defendant may arrange to perform the
required hours at any organization or entity that is included in the St. Louis County
Alternative Community Service List, or the defendant may propose to the Wildwood
Municipal Court another organization or entity in which case the Municipal Judge
and the Court Clerk, or those persons performing the duties of Municipal Judge or
Court Clerk, shall determine if the organization or entity proposed is capable of
administering and supervising the performance of the required hours.
D.
The Municipal Judge or the person performing the duties of the Municipal Judge
shall determine the number of hours of alternative community service that a person
shall perform under this Section.
E.
A person may refuse alternative community service as a condition of probation or in
lieu of all or part of any fine or term of imprisonment, or both, in which event, the
Municipal Judge or the person performing the duties of the Municipal Judge shall
determine the terms of the sentence, to be imposed, other terms of the disposition,
and render judgment accordingly.
B.
TheF. If the alternative community service is for the City of Wildwood pursuant to
sub-section B(a) above, the City Administrator, Public Works Director, Director of
Planning, Parks Director, Police Department or other officer of the City, as may be
additionally authorized by the City Council, isare hereby authorized, empowered and
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required to have or cause all such persons to whomdirected to assign and supervise the
work ordered to be performed as alternative community service is ordered by the. The
Municipal Judge or the person performing the duties of the Municipal Judge, to work out
the full number of hours to which they may have been sentenced, by working upon the
public streets, highways or alleys, or other public works or buildings of public property of
the City of Wildwood, as may be designated.
C.
It shall be deemed a part of each judgment and sentence of the Court that a person
convicted may be ordered to perform community service as established by this Section.D.
Each person ordered to perform community service, whether by conviction, plea or
voluntary alternative, shall may include in the order that a person performing service
for the City of Wildwood pay to the Wildwood Municipal Court aan appropriate fee of
ten dollars ($10.00) per hour orderedof work performed, which fee shall be used to
compensatereimburse the City for costs associated with supervising and operating the
program. If punishment is a fine and the fine is not paid, then for every ten dollars ($10.00)
of such judgment, the prisoner shall work one (1) community service workday (six (6) hour
day).
G.
The authority granted in this Section and the alternative community service program
created hereby shall be subject to and governed by the provisions of Section 559.021
of the Revised Statutes of Missouri, as may be amended.
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Section 135.305. Community Service Program As A Condition of Probation.
A.
Subject to the provisions of this Ordinance, as a condition of probation, and/or in lieu of all
or part of any fine or term of imprisonment, or both, the Municipal Judge for the City of
Wildwood or the person performing the duties of the Municipal Judge, may order any
person who (a) has pleaded guilty or been convicted, or (b) received a suspended
imposition of sentence, for violating an ordinance of the City of Wildwood, to perform
alternative community service.
B.
Such alternative community service may consist of:
(a) service on the public streets, highways, alleys, public works buildings or
grounds of the City of Wildwood; and/or
(b) service for a charitable, religious or educational organization or entity.
C.
If the alternative community service is to be performed for a charitable, religious or
educational organization or entity, the defendant may arrange to perform the required
hours at any organization or entity that is included in the St. Louis County Alternative
Community Service List, or the defendant may propose to the Wildwood Municipal Court
another organization or entity in which case the Municipal Judge and the Court Clerk, or
those persons performing the duties of Municipal Judge or Court Clerk, shall determine if
the organization or entity proposed is capable of administering and supervising the
performance of the required hours.
D.
The Municipal Judge or the person performing the duties of the Municipal Judge shall
determine the number of hours of alternative community service that a person shall
perform under this Section.
E.
A person may refuse alternative community service as a condition of probation or in lieu of
all or part of any fine or term of imprisonment, or both, in which event, the Municipal
Judge or the person performing the duties of the Municipal Judge shall determine the terms
of the sentence, to be imposed, other terms of the disposition, and render judgment
accordingly.
F.
If the alternative community service is for the City of Wildwood pursuant to sub-section
B(a) above, the City Administrator, Public Works Director, Director of Planning, Parks
Director, Police Department or other officer of the City, as may be additionally authorized
by the City Council, are hereby authorized, empowered and directed to assign and
supervise the work ordered to be performed as alternative community service. The
Municipal Judge or the person performing the duties of the Municipal Judge may include
in the order that a person performing service for the City of Wildwood pay to the
Wildwood Municipal Court an appropriate fee per hour of work performed, which fee shall
be used to reimburse the City for costs associated with supervising and operating the
program.
G.
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The authority granted in this Section and the alternative community service program
created hereby shall be subject to and governed by the provisions of Section 559.021 of the
Revised Statutes of Missouri, as may be amended.