ORDINANCE NO. 2978 AN ORDINANCE OF THE COMMON COUNCIL OF THE TOWN OF GILBERT, ARIZONA, AMENDING THE CODE OF GILBERT, ARIZONA, CHAPTER 22 COURT, ARTICLE II MUNICIPAL COURT, SECTION 22-39 COURT ENHANCEMENT FUND; ADDING SECTION 22-40 COURT PROGRAM AND SERVICE FEES ADDING SECTION 22-40.01 DETENTION AND JAIL COST RECOVERY FEES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR SEVERABILITY. WHEREAS, A.R.S. § 22-404 authorizes municipalities to establish and assess fees for court programs and services; and WHEREAS, the Town’s Gilbert Youth and Adult Resources counselors screen defendants who are mandated to complete court-ordered counseling and programs for misdemeanor charges as part of convictions, diversion pleas, and probation; and WHEREAS, the Town utilizes forensic laboratory services to analyze controlled substances, blood, breath, urine, and other bodily fluid samples, DNA evidence, digital forensics, and other physical evidence in criminal investigations, and WHEREAS, the Town offers a diversion program to allow eligible non-violent offenders to avoid a criminal record by completing requirements like counseling, classes, and community service with mandatory attendance and participation conditions; and WHEREAS, A.R.S. § 13-801.01 authorizes municipalities to establish and assess fees for the reimbursement of the costs of incarceration; and WHEREAS, the Town Council finds that it is appropriate that defendants convicted of or plead to criminal offenses contribute to the costs necessary for the prosecution of their criminal conduct; and WHEREAS, the fees adopted in this ordinance are intended to partially offset the costs of Gilbert Youth and Adult Resources services, forensic laboratory operation costs, and diversion costs; and WHEREAS, the Town Council finds that these fees are necessary for the public health, safety, and general welfare of Gilbert and its citizens. NOW THEREFORE, BE IT ORDAINED by the Common Council of the Town of Gilbert, Arizona, as follows: Section 1. In General. The Code of Gilbert, Arizona, Chapter 22 Court, Article II Municipal Court, Section 22-39 Court Enhancement Fund is hereby amended to read as follows (additions in ALL CAPS; deletions in strikethrough): Sec. 22-39. Court Enhancement Fund. (a) There is created a THE court enhancement fund, which shall be used exclusively to enhance the technological and operational capabilities of the municipal court. (b) Pursuant to section 22-34 of this Code and A.R.S. § 22-404(e), the court enhancement fund shall be funded by the assessment of the following fees: (1) Court default fee. A reasonable fee, not to exceed $200.00 for each default judgment entered, may be assessed to offset the cost of issuing and exercising arrest warrants, suspending driving privileges and enforcing court orders when the court deems it necessary in the following cases: a. To issue and exercise arrest warrants resulting from defendants’ failure to appear in court or noncompliance with court orders in criminal matters. b. To enforce compliance with sanctions imposed by the court in criminal matters. c. To process the suspension of driving privileges resulting from defendants' failure to appear in court or noncompliance with court orders in civil traffic matters. (2) Court security fee. A reasonable fee, not to exceed $50.00 per charge or violation cited, may be assessed to offset the costs of providing, staffing, servicing, and maintaining magnetic, electronic, or other security devices, and such other costs associated with or incidental to providing a court security system for the benefit of employees and the public. (3) Court operations enhancement fee. A reasonable fee, not to exceed $50.00 per charge or violation cited, may be assessed to offset the costs of court programs, facilities, needed staff and services. (4) Court resource protection fee. A reasonable fee may be assessed to offset administrative costs incurred as a result of the unnecessary expenditure of otherwise available resources on account of unreasonable delay, prolongation or duplication occasioned by litigants. The resource protection fee shall be in an amount of not more than actual costs involved, not to exceed $1,000.00 per event, and may be assessed against litigants and/or their attorneys, but shall not be assessed against the state or any attorney appearing on behalf of the state. This fee shall not exceed actual costs involved and is intended to include, without limitation, the following: a. In the case of a plea to the court on the day of a scheduled jury trial, the fees may include all jury-related costs including, but not limited to: (1) fees paid to jurors who actually appeared for the jury trial, and (2) mailing costs incurred by the court to summon the jurors for that trial; b. In the case of a plea to the court on the calendar call day which falls within the week of the scheduled jury trial, the fees shall be limited to the actual cost of the court to summon the jurors for that case. (5) Public defender enhancement fee. A reasonable fee not to exceed $50.00 per charge or FOR ANY CRIMINAL OR CIVIL violation WHERE A FINANCIAL PENALTY IS IMPOSED cited may be assessed to offset the costs incurred in administering public defender services. (c) The fees designated to fund the court enhancement fund shall be deposited into separate accounts and shall only be used for authorized purposes. The Code of Gilbert, Arizona, Chapter 22 Court, Article II Municipal Court, Section 22-40 Court Program and Service Fees is hereby added to read as follows (additions in ALL CAPS; deletions in strikethrough): SECTION 22-40 COURT PROGRAM AND SERVICE FEES (A) PURSUANT TO A.R.S. § 22-404(E), A.R.S. § 9-500.22, AND SECTION 22-34 OF THIS CODE, THE COURT PROGRAM AND SERVICE FEES ARE ESTABLISHED AS PROVIDED HEREIN: (1) GILBERT YOUTH & ADULT RESOURCES FEE. A REASONABLE FEE, SET BY GILBERT YOUTH & ADULT RESOURCES, TO PARTIALLY OFFSET THE COSTS OF PROVIDING SCREENING, ASSESSMENT, AND COUNSELING SERVICES. (2) FORENSIC LABORATORY FEE. A REASONABLE FEE NOT TO EXCEED THE ACTUAL COST OF LABORATORY SERVICES. (3) PROSECUTOR DIVERSION FEE. THE COURT SHALL ASSESS A DIVERSION FEE IN THE AMOUNT OF $200.00 FOR EACH CASE REFERRED TO A DIVERSION PROGRAM ESTABLISHED BY THE TOWN PROSECUTOR PURSUANT TO A.R.S. § 9-500.22. (B) A JUDGE MAY WAIVE ALL OR PART OF THE FEES IDENTIFIED IN SUBSECTIONS (A)(1) AND (A)(2) IF THE PAYMENT OF THE FEES WOULD CAUSE HARDSHIP TO THE DEFENDANT OR THE WAIVER IS IN THE BEST INTERESTS OF JUSTICE. (C) ALL FEES COLLECTED UNDER THIS SECTION SHALL BE DEPOSITED IN THE TOWN’S GENERAL FUND OR OTHER SPECIAL REVENUE FUND. SECTION 22-40.01 DETENTION AND JAIL COST RECOVERY FEES (A) PURSUANT TO A.R.S. § 13-804.01 AND SECTION 22-34 OF THIS CODE, THE DETENTION AND JAIL COST RECOVERY FEES ARE ESTABLISHED AS PROVIDED HEREIN: (1) DETENTION COST RECOVERY FEE. A REASONABLE FEE NOT TO EXCEED THE ACTUAL COST OF DETENTION IN THE TOWN’S DETENTION FACILITY. (2) JAIL COST RECOVERY FEE. A REASONABLE FEE NOT TO EXCEED THE ACTUAL COST OF INCARCERATION IN THE COUNTY JAIL OR OTHER DETENTION FACILITY AUTHORIZED BY LAW. (B) A JUDGE MAY WAIVE ALL OR PART OF THE FEES IDENTIFIED IN THIS SECTION IF THE PAYMENT OF THE FEES WOULD CAUSE HARDSHIP TO THE DEFENDANT OR THE WAIVER IS IN THE BEST INTERESTS OF JUSTICE. (C) ALL FEES COLLECTED UNDER THIS SECTION SHALL BE DEPOSITED IN THE TOWN’S GENERAL FUND OR OTHER SPECIAL REVENUE FUND. Section 2. Providing for Repeal of Conflicting Ordinances. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference are hereby repealed. Section 3. Providing for Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Common Council of the Town of Gilbert, Arizona, this 17th day of February, 2026, by the following vote: AYES: Anderson, Bongiovanni, Buchli, Buckland, Koprowski, Lyons, Toregson NAYS:  ABSENT:  EXCUSED:  ABSTAINED:  APPROVED this 17th day of February, 2026. Scott Anderson, Mayor ATTEST: Chaveli Herrera, Town Clerk APPROVED AS TO FORM: Christopher W. Payne, Town Attorney I, CHAVELI HERRERA, TOWN CLERK, DO HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF THE ORDINANCE NO. 2978 ADOPTED BY THE COMMON COUNCIL OF THE TOWN OF GILBERT ON THE 17TH DAY OF FEBRUARY, 2026, WAS POSTED IN ONE PLACE ON THE 18th DAY OF FEBRUARY, 2026. Chaveli Herrera, Town Clerk Pub: Feb 26, Mar 5, 2026