OR 2012-1316 Juvenile case manager feeORDINANCE NO. 2012 -1316
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE
CITY BY AMENDING ARTICLE 5 -2 ( "COURT COSTS AND FEES ") OF
CHAPTER 5 ( "THE MUNICIPAL COURT OF RECORD ") BY ADDING
SECTION 5 -2 -5, IMPOSING A JUVENILE CASE MANAGER FEE AS A
COST OF COURT, CREATING A MUNICIPAL COURT JUVENILE
CASE MANAGER FUND, AND DESIGNATING THE USES FOR THE
SAID FUND AS HEREINAFTER SET FORTH; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the provisions of Article 45.056 and Article 102.0174 of the Texas Code of
Criminal Procedure authorize municipalities to employ a case manager to provide services in
cases involving juvenile offenders and to create a Juvenile Case Manager Fund to finance the
salary, benefits, training, and other necessary expenses relating to the position of a juvenile case
manager; and
WHEREAS, the law authorizes municipalities to impose an additional court cost in order
to create and contribute to the Juvenile Case Manager Fund; and
WHEREAS, the employment of a juvenile case manager can serve the needs of the City
and the community by providing more direct and comprehensive assistance to juveniles who are
in need of help and may serve to reduce the number and severity of juvenile crimes.
Accordingly, the City Council finds that the employment of a juvenile case manager is in the
best interests of the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That Article 5 -2 ( "Court Costs and Fees ") of Chapter 5 ( "The Municipal
Court of Record ") of the Code of Ordinances of the City of Coppell, Texas, be and is hereby
amended by adding Section 5 -2 -5, to read as follows:
"CHAPTER 5
THE MUNICIPAL COURT OF RECORD
ARTICLE 5 -2
COURT COSTS AND FEES
TM 56324
Sec. 5 -2 -5. Juvenile Case Manager
A. C1.eation. The Municipal Court Juvenile Case Manager Fund (referred to in this
section as the "fund ") is hereby created. The municipal court is hereby authorized
to establish and employ one or more juvenile case managers to assist the court in
administering its juvenile docket and in supervising its court orders in juvenile
cases.
B. Imposition of Juvenile Case Manager Fee. Any defendant convicted in the
municipal court shall be charged and shall pay as a cost of court, in additional to
other costs of court, a juvenile case manager fee of five dollars ($5.00). The judge
of the court may waive the fee imposed in this section in a case of financial
hardship. For the purposes of this section, a defendant is considered convicted if:
1. a sentence is imposed on the defendant; or
2. the defendant receives deferred disposition, including the deferral of
proceedings under Article 45.052 or 45.053 of the Texas Code of Criminal
Procedure.
C. Administration of Fund. The municipal court clerk shall collect the juvenile case
manager fees, pay the fees to the City's finance director, and the fees shall be
deposited by the finance director into the fiend. The fiend shall be administered
under the direction of the city council and may be used only to finance the salary,
benefits, training, travel expenses, office supplies, and other necessary expenses
relating to the position of the juvenile case manager. The fiend may not be used to
supplement the income of an employee whose primary role is not that of a juvenile
case manager.
D. Effective: the Juvenile Case Manager fee imposed by this Section shall apply only
to conviction for offenses committed on or after the effective date of this Section."
SECTION 2: That the City Council does hereby adopt the Rules and Policies for the
Juvenile Case Manager, a copy of which is attached hereto and incorporated herein, which Rules
require a periodic review of juvenile case managers to ensure the implementation of the Rules,
and which the Council finds to set forth reasonable riles for juvenile case managers that provide:
a code of ethics, and for the enforcement of the code of ethics; appropriate educational pre-
service and in- service training standards for juvenile case managers; and training in the role of
the juvenile case manager, case planning and management, applicable procedural and substantive
law, courtroom proceedings and presentation, services to at -risk youth under Subchapter D,
TM 56324
Chapter 264, of the Texas Family Code, local programs and services for juveniles and methods
by which juveniles may access those programs and services, and detecting and preventing abuse,
exploitation, and neglect of juveniles. True and correct copies of the Rules shall be maintained
in the office of the City Secretary and in the office of the municipal court administrator and shall
be made available to city and court staff.
SECTION 3: That should any word, phrase, paragraph, section or phrase of this
ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional,
illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or
provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and
shall not affect the validity of the Code of Ordinances as a whole.
SECTION 4: That this ordinance shall take effect immediately from and after its
passage and the publication of the caption, as the law and charter in such cases provides.
DULY PASSED by the City Council of the City of Coppell, Texas, this the a —Nay of
V 1(h V� 1 2012.
ATTEST:
TM 56324