12-113

12-113. Judicial collection enhancement fund;
purpose; administration; report; definition

A. A judicial collection enhancement fund is established consisting of monies
received from:

1. The time payment fee established in section 12-116.

2. The surcharge paid by a person attending a court ordered diversion program
pursuant to section 12-114.

3. Monies deposited in the fund pursuant to section 12-114.01, section 12-119.01,
subsection B, paragraph 1, section 12-120.31, subsection D, paragraph 1, section
12-284.03, subsection A, paragraph 7, section 22-281, subsection C, paragraph 1, section
22-404, subsection C, paragraph 1 and section 41-178.

4. Electronic filing and access fees collected pursuant to sections 12-119.02 and
12-120.31.

B. Courts wishing to receive monies from the judicial collection enhancement fund
shall submit a plan to the supreme court. Subject to legislative appropriation, the fund
monies shall be used according to plans approved by the supreme court to train court
personnel, improve, maintain and enhance the ability to collect and manage monies
assessed or received by the courts, including restitution, child support, fines and civil
penalties, to improve court automation, to improve case processing or the administration
of justice and for probation services.

C. The supreme court shall administer the fund and may expend monies in the fund,
subject to legislative appropriation, for local, regional or statewide projects. The
supreme court may directly provide or contract for services consistent with the purposes
of the fund. Monies from the fund shall supplement monies already provided to local
courts for purposes consistent with the purposes of the fund.

D. By January 8 of each year, the supreme court shall report to the governor and
the legislature, for the prior fiscal year, the total monies collected, the amount spent
and for what purposes, including an exact explanation of funds defined as administration
of the fund, the amount remaining in the fund and the number of employees who are paid
from the fund and their job descriptions. The report shall also detail the progress made
in improving the ability of the courts to collect monies.

E. On notice from the supreme court, the state treasurer shall invest and divest
monies in the fund as provided by section 35-313, and monies earned from investment shall
be credited to the fund.

F. After the court determines the amount due, the court shall transmit to the
county treasurer each month the fees collected pursuant to section 12-116, except that
municipal courts shall transmit to the city treasurer each month the fees so collected.

G. The county or city treasurer shall transmit to the state treasurer on or before
the fifteenth day of each month the fees collected pursuant to subsection F of this
section for deposit in the judicial collection enhancement fund.

H. For the purposes of this article, "court authorized diversion program" means a
program in which an individual who is charged with a civil or criminal traffic offense or
any other criminal offense is not prosecuted for the offense on the successful completion
of an authorized diversion program. Successful completion of a defensive driving school
program resulting in dismissal of a civil or criminal traffic offense is considered a
court authorized diversion program under this section.