Chapter 3.35
ADMINISTRATIVE ASSESSMENT FOR THE PROVISION OF COURT FACILITIES
Sections:
3.35.010 Administrative assessment for court facilities for misdemeanors.
3.35.040 Payment in installments.
3.35.050 Special revenue fund.
3.35.060 Duration of assessments.
3.35.010 Administrative assessment for court facilities for misdemeanors.
When a defendant pleads guilty, guilty but mentally ill, or no contest or is found guilty or guilty but mentally ill of a misdemeanor, including the violation of any Humboldt County code or City of Winnemucca code, the justice of the peace shall include in each sentence the sum of ten dollars for each misdemeanor or violation as an administrative assessment for the provision of court facilities and render a judgment against the defendant for the assessment. If the justice of the peace sentences a defendant to perform community service in lieu of a fine, the justice of the peace shall include in the sentence the administrative assessment required pursuant to this chapter. This administrative assessment for the provision of court facilities is in addition to any other administrative assessments imposed pursuant to the Nevada Revised Statutes. (Ord. 11-04-13 § 1)
3.35.020 Exceptions.
The court facilities assessment fee shall not be levied upon:
A. A violation of any ordinance regulating metered parking; or
B. A violation of any ordinance specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019. (11-04-13 § 1)
3.35.030 Addition to fine.
The money collected for an administrative assessment for the provision of court facilities must not be deducted from the fine imposed by the Justice of the Peace but must be taxed against the defendant in addition to the fine. The money collected for such an administrative assessment must be stated separately on the court’s docket and must be included in the amount posted for bail. If bail is forfeited, the administrative assessment included in the amount posted for bail pursuant to this chapter must be dispersed in the manner set forth below. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the Justice of the Peace cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment the defendant has paid and the Justice of the Peace shall not recalculate the administrative assessment. (Ord. 11-04-13 § 1)
3.35.040 Payment in installments.
If the Justice of the Peace permits the fine and administrative assessment for court facilities to be paid in installments, the payments must be applied in the order provided in NRS 176.0611(5), as amended from time to time. (Ord. 11-04-13 § 1)
3.35.050 Special revenue fund.
The money collected for administrative assessments for court facilities must be paid by the clerk of the court of Union Township justice court to the Humboldt County treasurer on or before the fifth day of each month for the preceding month. The Humboldt County treasurer shall deposit the money received from justice court in a special revenue fund. The county may use the money in the special revenue fund only to:
A. Acquire land on which to construct additional facilities for the justice court or a regional justice center that includes the justice court.
B. Construct or acquire additional facilities for the justice court or a regional justice center that includes the justice court.
C. Renovate or remodel existing facilities for the justice court.
D. Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or the renovation of an existing facility for the justice court or a regional justice center that includes the justice court, except this subsection does not authorize the expenditure of money from the special revenue fund for furniture, fixtures or equipment for judicial chambers.
E. Acquire advanced technology for use in the additional or renovated facilities.
F. Pay debt service on any bonds issued pursuant to NRS 350.020(3) for the acquisition of land or facilities or the construction or renovation of facilities for the justice court or a regional justice center that includes the justice court.
Any money remaining in the special revenue fund after five fiscal years must be deposited in the Humboldt County general fund for the continued maintenance of court facilities if it has not been committed for expenditure pursuant to a plan for the construction or acquisition of court facilities or improvements to court facilities. The Humboldt County treasurer shall provide, upon request by the Justice of the Peace, monthly reports of the revenue credited to and expenditures made from the special revenue fund. (Ord. 11-04-13 § 1)
3.35.060 Duration of assessments.
This chapter of the Humboldt County code shall be in effect until five p.m. on June 30, 2063. (Ord. 11-04-13 § 1)