ORDINANCE

AN ORDINANCE AMENDING SECTION 8-37 OF THE CODE OF FAUQUIER COUNTY RELATING TO FEES IN CRIMINAL AND TRAFFIC CASES

            WHEREAS, Section 8-37 of the Code of Fauquier County imposes a fee on all criminal and traffic cases to provide for courthouse maintenance and security personnel; and

            WHEREAS, Section 15.2-1613.1 of the Code of Virginia authorizes the assessment of fees relating to the operation of the sheriff’s office; and

            WHEREAS, Section 15.2-1613.1 was enacted by the General Assembly effective July 1, 2002, to permit the County of Fauquier to assess a sum not in excess of $25.00 as part of costs in each criminal or traffic case where any individual is admitted to a county, city, or regional jail following a conviction; and

            WHEREAS, after due notice and public hearing, the Board of Supervisors has determined it to be in the best interest of Fauquier County to adopt the following Ordinance; now, therefore, be it

            ORDAINED this _________ day of ________________, 2002, by the Board of Supervisors of Fauquier County, That Section 8-37 of the Code of Fauquier County be and is hereby amended to read as follows:

Section 8-37. Fees in criminal, traffic cases.

a.       Fee for Courthouse Maintenance.

Pursuant to authority granted in Section 17.1-281 of the Code of Virginia, 1950, as amended, there is hereby imposed a fee of two dollars ($2.00) to be taxed as costs in each criminal or traffic case in the district and circuit courts for the County of Fauquier.

      The clerks of the district and circuit courts for the county are directed to collect assessment and remit it to the treasurer for the county, to be held subject to disbursement by the board of supervisors for those purposes provided by Section  17.1-281 of the Code of Virginia.

b.      Fee for Courthouse Security Personnel.

Pursuant to authority granted in Section 53.1-120 of the Code of Virginia, as amended, there is hereby assessed a sum of Five Dollars ($5.00) as part of the costs in each criminal or traffic case in the district and circuit court of Fauquier County in which the defendant is convicted of a violation of any statute or ordinance. The assessment shall be collected by the clerk of the court in which the case is heard, remitted to the treasurer of the county, and shall be held by the treasurer subject to appropriation by the Board of Supervisors to the Sheriff's Office for the funding of courthouse security personnel.

 

 

c.       Fee for Inmate Processing

Pursuant to authority granted in Section 15.2-1613.1 of the Code of Virginia there is hereby assessed a sum of Twenty-Five Dollars ($25.00) as part of the court costs collected by the clerk from any individual admitted to the county detention center or Clarke, Fauquier, Frederick Winchester Regional Jail following a conviction.  The assessment shall be collected by the clerk of the court in which the case is heard, remitted to the treasurer of the county and shall be used by the sheriff’s office to defray the costs of processing arrested persons into the county detention center or the Clarke, Fauquier, Frederick Winchester Regional Jail.

and, be it

            ORDAINED FINALLY that this Ordinance shall be effective upon adoption.