HomeMy WebLinkAboutIR 9290INFORMAL REPORT TO CITY COUNCIL MEMBERS
To the Mayor and Members of the City Council
No. 9290
August 10, 2010
Page 1 of 1
SUBJECT: REQUEST TO IMPLEMENT A JUVENILE CASE MANAGER FEE
As part of the ongoing effort to look for ways to offset operating costs of city programs and
strengthen partnerships with other local agencies it is proposed that the Fort Worth City Council
consider adoption of a juvenile case manager fee.
During the 2005 regular session, the 79th Texas Legislature adopted an amendment to Chapter
102 of the Code of Criminal Procedure that allows the governing body of a municipality to create
a juvenile case manager fund and to require a defendant convicted of a fine -only misdemeanor
offense in municipal court to pay a juvenile case manager fee not to exceed $5.00 as a cost of
court. State law requires that the juvenile case manager fund be administered by or under the
direction of the governing body of the municipality and limits use of the fund to financing the
salary and benefits of a juvenile case manager employed under Article 45.056 of the Code of
Criminal Procedure. Article 45.056 mandates that juvenile case managers work primarily on
cases brought under Sections 25.093 and 25.094 of the Texas Education Code, which address
the offenses of "Failure to attend school' and "Parent contributing to nonattendance."
Although the statute allows for a $5.00 maximum, a recommendation of $3.00 is being given after
the following considerations:
1. Determination of revenue estimate to offset the eligible staffing expenditures.
2. Comparison of similar current fee activity such as the court security fee.
3. Minimizing the increase of court costs that often already exceed the fine amount.
4. Comparison of other cities that have already adopted the juvenile case manager fee.
The adoption of such fee by ordinance would implement the state law and impose a $3.00 per -
convicted- offense fee for offenses committed on or after October 1, 2010. Funds generated by
the fee will be used to pay for juvenile case managers at the school attendance court who work
primarily with truancy- related cases as required by Article 45.0456.
The City of Fort Worth currently operates a school attendance court in conjunction with the Fort
Worth Independent School District (FWISD). The current interlocal agreement requires FWISD to
reimburse the City of Fort Worth for the personnel costs of the juvenile case managers.
Implementation of this fee would allow the City of Fort Worth to offset its current request.
�oma . Fisseler, P.E.
City Manager
ISSUED BY THE CITY MANAGER
FORT WORTH, TEXAS