Memorandum

City of Lawrence

City Attorney’s Office

TO:	David L. Corliss, City Manager
CC:	Diane Stoddard, Assistant City Manager Casey Toomay, Assistant City Manager Vicki Stanwix, Court Administrator
FROM:	Toni R. Wheeler, City Attorney
DATE:	February 13, 2015
RE:	Information on Recoupment Fees

Please place this memorandum on the February 17, 2015, City Commission agenda.  It relates to Recoupment Fees authorized by Section 12-105.1 of the City Code.

Background

Section 12-105.1 of the Code of the City of Lawrence, 2015 Edition, as amended, provides:

12-105.1        RECOUPMENT FEES.

In addition to court costs under 12-105, whenever any defendant is convicted of a violation of any provisions of this Code, the Judge of the Municipal Court may order the defendant to pay recoupment fees. Such recoupment fees include, but are not limited to, costs the City incurs for each day or portion of a day that the convicted person serves in jail at the rate the City is charged for the jail time by Douglas County, and the reasonable cost of public defender fees in each case for which the Judge of the Municipal Court appoints counsel, including those cases in which the defendant obtains diversion. In determining the amount and method of payment of such sum, the court shall take into account the financial resources of the defendant and the nature of the burden that payment of such sum will impose upon the defendant and the defendant's immediate family. This determination of reasonable recoupment fees requires the Judge of the Municipal Court to consider factors, including but not limited to, the defendant’s family size and income. A defendant who has been required to pay such sum and who is not willfully in default in the payment thereof may at any time petition the Municipal Court to waive payment of such sum or of any unpaid portion thereof. Upon such petition, if it appears to the satisfaction of the Judge of the Municipal Court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may waive payment of all or part of the amount due or modify the amount or method of payment. (Ord. 8898)

The Court Administrator reports the following information regarding collection of these fees: 

	2013	2014
Municipal Jail Days Billed	6,819	9,488
Daily Rate Charged	$72.41	$74.02
Total Jail Expenditures	$493,763.79	$702,301.76
Jail Fees Collected	$88,772.79	$112,998.26
Indigent Defense Services Fees Imposed Upon Conviction	$4,851.75 (law effective mid-September 2013)	$80,755.50
Indigent Defense Services Fees Collected	$400	$9,286

Please note that defendants who are ordered to pay recoupment fees are provided an opportunity to satisfy recoupment fee obligations through community service.  The above totals do not include recoupment fees completed through community service.  

Ordinance No. 8898, which authorizes the assessment and collection of recoupment fees, was first considered at the September 3, 2013, City Commission meeting.  A link to agenda materials can be found here.  The ordinance was modified following that meeting.  Materials from the September 10, 2013, meeting at which the ordinance was adopted on second reading are found here.

Action

Direct staff regarding Recoupment Fees.