02-27-08 Council Agenda - Laserfiche WebLink

Home Browse Search

MEMORANDUM TO: Mayor Blesener & Members of the City Council FROM: Joel Hanson, City Administrator DATE: February 22, 2008 RE: Authorize "Continue for Dismissal" Prosecution Option The City Attorney has inquired about the City's interest in utilizing the prosecution option of "Continue for Dismissal" (CFD). While this is generally at the discretion of the prosecuting attorney, Little Canada has not been utilizing this option. Therefore, we need to issue a letter authorizing its use for Little Canada cases. The City Attorney recommends its usage as an additional option in the prosecution of offenses relative to traffic tickets and other petty misdemeanors. CFD's are generally reserved for people with clean records, giving them a chance to keep their record clean. The Violations Bureau has rigid guidelines that they apply if they're authorized to make the offers, so it doesn't get offered to everyone. One advantage of CFD's is the significant impact it can make in the traffic - ticket backlog at the suburban courthouse. Another big advantage is the split in fine revenues for this option versus standard court processing. For a "regular" fine payment: The first $78 goes to the Court as a surcharge. Then 20% is paid to the State; and the remaining amount is split 50/50 between City and State. For a CFD, there is a 50/50 split between City and State (no surcharge or initial State share for conviction). Thus, on a typical $128 speeding ticket, when the person pleads guilty to the charge or mails in their fine without a hearing, the City gets $20 of that ($128 - $78 - 20% of fine ($10) = $40, divided by 2, $20). I normally seek the same "fine" on a CFD, the benefit being that the person keeps the charge off their record with six months or a year of ticket -free driving. As a result of the different cost split, the City gets $64 for the same ticket. The City Attorney may have some additional comments for your consideration. Staff recommends we authorize the use of CFD's for Little Canada prosecutions at the discretion of the City Attorney. 1