Section 479.360

Title XXXII COURTS

Chapter 479

Effective - 28 Aug 2016, 2 histories   

  479.360.  Certification of substantial compliance, filed with state auditor — procedures adopted and certified. — 1.  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:

  (1)  Defendants in custody pursuant to an initial arrest warrant issued by a municipal court 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;

  (2)  Defendants in municipal custody shall not be held more than twenty-four hours without a warrant after arrest;

  (3)  Defendants are not detained in order to coerce payment of fines and costs unless found to be in contempt after strict compliance by the court with the due process procedures mandated by Missouri supreme court rule 37.65 or its successor rule;

  (4)  The municipal court has established procedures to allow indigent defendants to present evidence of their financial condition and takes such evidence into account if determining fines and costs and establishing related payment requirements;

  (5)  The municipal court only assesses fines and costs as authorized by law;

  (6)  No additional charge shall be issued for the failure to appear for a minor traffic violation;

  (7)  The municipal court conducts proceedings in a courtroom that is open to the public and large enough to reasonably accommodate the public, parties, and attorneys;

  (8)  The municipal court makes use of alternative payment plans;

  (9)  The municipal court makes use of community service alternatives for which no associated costs are charged to the defendant; and

  (10)  The municipal court has adopted an electronic payment system or payment by mail for the payment of minor traffic violations.

  2.  On or before December 31, 2015, the state auditor shall set forth by rule a procedure for including the addendum information required by this section.  The rule shall also allow reasonable opportunity for demonstration of compliance.

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(L. 2015 S.B. 5, A.L. 2016 S.B. 572)