Agenda - Council - 09/28/1982 - Laserfiche WebLink

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I I I I I I I I I I I I I I I I :. ¥fic e of R OBER T W. JOItNSON Courlhouse - Anoka, Minnesota 55303 612-421-4760 '_PO: RE: August 26, 1982 Executive Committee Joint Law Enforcement Council Meeting on Tuesday, August 31, 1982 Noon at Raffaeles' "Round Room" I have cai_led a meeting of the Executive Committee of the Joint Law Enforcement Council to consider the problem of distribution of fines imposed by the District Court as a part of the senkence in convictions for gross misdemeanor DWI's. Presently, even though an arrest is made by a municipal police officer and prosecuted by a municipal attorney, all of the fine money goes to the county. This prob].em developed when the 1982 legislature created a new offense, gross misdemeanor DWI, and then provided that the city attorney prosecute the offense. The county attorney prosecutes all other gross misdemeanor offenses. Thus, the cities may bear a large portion of the cost of these prosecutions, but receive no revenue. The fines go to the county because of M.S. 574.34, which provides that fines not spedially granted or appropriated by law go to the county. Under M.S. 473.33, fifty percent of fines for all prosecutions handled in county court are distributed to the municipality. Highway Patrol cases are %he only exceptions where 3/Sths of the fines are distributed to the municipalities. On January 1, 1983, the problem may be resolved when the county court receives jurisdiction over gross misdemeanor cases. The Executive Committee should consider whether to ask %he County Board to compensate the municipalities for the increased costs of prosecution in an amount equal to the fine money khey would have received if the fines were distributed under the normal county court formula. Robert M. A. Johnson, Chairman Joint Law Enforcement Council RMAJ :da Affirmative Aclion / Equal Opportunity Employer