ORDINANCE NO. 9088

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, REPEALING SECTION 12-105.1 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2015 EDITION, AND AMENDMENTS THERETO, PERTAINING TO THE RECOUPMENT OF FEES ASSESSED IN MUNICIPAL COURT.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1:  Chapter 12, Article 1, Section 12-105.1 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, is hereby repealed in its entirety.

12-105.1          RECOUPMENT FEES.

In addition to court costs under 12-105 of this Code, 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.

SECTION 2: This ordinance shall take effect and be in force after its passage and publication as provided by law.

PASSED by the Governing Body of the City of Lawrence, Kansas, this ____ day of ________, 2015.

APPROVED:

Mike Amyx, Mayor

ATTEST:

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Diane Trybom, Acting City Clerk

APPROVED AS TO FORM:

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Toni R. Wheeler, City Attorney

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NOTICE TO PUBLISHER

Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.