Fees funding drug courts questioned

Erin Neff

Tuesday, Feb. 18, 2003 | 11:15 a.m.

CARSON CITY -- Lawmakers expressed concern this morning about whether a proposed assessment on misdemeanor fines could provide a stable source of revenue for specialty drug courts.

Assembly Bill 29 mandates the collection of a $15 fee on every criminal misdemeanor in a particular county to fund specialty courts in that jurisdiction. Traffic and civil misdemeanors would be exempt.

In Clark County, such a fee could bring in $5.1 million a year to add to federal grants and county money that fund the existing drug court. Gov. Kenny Guinn has also budgeted some funding for specialty courts in his proposed budget.

"It's the right thing to do and it's the efficient thing to do, too," said District Judge Peter Breen of Washoe County, who runs a drug court.

But Assemblywoman Sharron Angle, R-Reno, worried that the collection of the fees might not be enough to fund the specialty courts.

"This doesn't seem to be a very stable source," Angle said.

Supreme Court Chief Justice Deborah Agosti testified that collections of administrative fees added to fines has decreased 24 percent in the past two fiscal years.

"Relatively speaking it's stable, although there is a measure of volatility to these funds," Agosti said.

Kami Dempsey, lobbyist for the city of Las Vegas, said she had concerns that the burden of collections would fall to municipal courts, although the money would benefit the county courts.

The bill was written with the $15 fine to cover the cost of Washoe's drug court and its specialized mental health court. Washoe would get about $930,000 annually through the new assessment to run its drug and mental health courts.

Clark would likely have enough money, based on the $5.1 million and its federal grant money to also create a mental health specialty court, according to David Spitzer, administrator of specialty courts for Washoe County.

Clark County's drug court, created by District Judge Jack Lehman, was the fourth in the nation. Nevada also has a drug court in Washoe County, a rural drug court covering Churchill, Carson City and Douglas counties and one based in Pahrump covering Nye, Mineral and Esmeralda counties.

The assessment could allow other counties, such as Elko and White Pine, to create drug or other specialty courts.

Assemblyman David Brown, R-Henderson, said he worried that an additional $15 fee could hurt a defendant's ability to pay the fine. If a defendant is unable to pay, a court can negotiate community service in lieu of the fine, Spitzer said.

If AB29 is approved, courts could have up to $40 of fees tacked onto misdemeanor fines. Counties may assess a $10 court facility fee, as well as administrative fees that are based on a percentage of the overall fine.

Dan Ward, a justice of the peace in Fallon and president of the Nevada Judges Association, also expressed concerns about the amount of the administrative fee.

The Assembly Judiciary Committee took no action on the bill this morning, and planned a future work session to discuss possible amendments.00/bold"It's the right thing to do and it's the efficient thing to do, too," said District Judge Peter Breen of Washoe County