Page:Investigation of the Ferguson Police Department.djvu/101

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    1. A person's right to challenge the charge in court;
    2. The exact date and time of the court session at which the person receiving the charge must or may appear;
    3. Information about how to seek a continuance for a court date;
    4. The specific fine imposed, if the offense has a preset fine;
    5. The processes available to seek a fine reduction for financial incapacity, consistent with recommendation four set forth below;
    6. The penalties for failing to meet court requirements.
  1. Develop and implement a secure online system for individuals to be able to access specific details about their case, including fines owed, payments made, and pending requirements and deadlines.

3. Change Court Procedures for Tracking and Resolving Municipal Charges to Simplify Court Processes and Expand Available Payment Options

The municipal court should:

  1. Strictly limit those offenses requiring in-person court appearance for resolution to those for which state law requires the defendant to make an initial appearance in court;
  2. Establish a process by which a person may seek a continuance of a court date, whether or not represented by counsel;
  3. Continue to implement its online payment system, and expand it to allow late payments, payment plan installments, bond payments, and other court payments to be made online;
  4. Continue to develop and transition to an electronic records management system for court records to ensure all case information and events are tracked and accessible to court officials and FPD staff, as appropriate. Ensure electronic records management system has appropriate controls to limit user access and ability to alter case records;
  5. Ensure that the municipal court office is consistently staffed during posted business hours to allow those appearing at the court window of the police department seeking to resolve municipal charges to do so;
  6. Accept partial payments from individuals, and provide clear information to individuals about payment plan options.

4. Review Preset Fine Amounts and Implement System for Fine Reduction

The municipal court should:

  1. Immediately undertake a review of current fine amounts and ensure that they are consistent not only with regional but also statewide fine averages, are not overly punitive, and take into account the income of Ferguson residents;
  2. Develop and implement a process by which individuals can appear in court to seek proportioning of preset fines to their financial ability to pay.

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