2003-5 Revised Fee Court Transmittal Forms for Due State of Michigan Revised Forms 57 and 295 (8/03)

October 1, 2003

To:
District and Municipal Courts Funding Unit Treasurers, Circuit Courts Funding Unit Treasurers,
Michigan Municipal League, County Administrators, Controllers, Managers, County Clerks,
and State Court Administrator Office and LAFD Staff

From:
Suzanne K. Schafer, Administrator
Local Audit and Finance Division
Bureau of Local Government Services

RE:
Revised Form 57 and Form 295

Effective October 1, 2003, Public Acts 70-79, 95-102, and 138 of 2003 amend the laws affecting filing fees, civil infraction assessments, minimum costs for misdemeanor and felony convictions, conditions of probation and parole, and priority of payment. Generally, these laws increased revenue for various judiciary and criminal justice related entities by increasing civil filing and motion fees; and consolidating the assessments and state-level costs imposed on civil infractions and criminal offenses, with a net increase in the revenue generated by such assessments/costs. The process for distributing revenue generated by both filing fees and assessments/costs was revised by moving the earmarking of revenue from the local level to the state level. The changes in the court funding process required major changes to the court fee transmittal forms (both circuit and district court forms).

The above legislation enacted should be reviewed and may be obtained from the Michigan Compiled Laws web-site (http://www.legislature.mi.gov/).

• PA 70 of 2003 revised the Code of Criminal Procedure by establishing a minimum State cost of $60 for a felony conviction, $45 for serious misdemeanor or specified misdemeanor conviction, and $40 for any other misdemeanor conviction as of October 1, 2003. The amount collected is deposited into a newly created fund at the state level called the Justice System Fund. (MCL 769.1j)
• PA 71 of 2003 revised the probate code as of October 1, 2003, by establishing a minimum State cost of $60 for a felony conviction, $45 for serious misdemeanor or specified misdemeanor conviction, and $40 for any other misdemeanor conviction as of October 1, 2003. The amount collected is deposited into a newly created fund at the state level called the Justice System Fund. (MCL 712a.18 et al., amended)
• PA 72 of 2003 added a new section to the Revised Judicature Act of 1961 by creating a drug treatment court fund for deposit with the State Treasury and distributed from the new Justice System Fund. (MCL 600.185)
• PA 73 of 2003 revised the Michigan Vehicle Code by eliminating the multiple assessments (which total $25) on civil infractions and replaced it with a single justice system assessment of $40 that is deposited with the State Treasury. The new assessment is deposited into the Justice System Fund. (MCL 257.629e, amended; and 257.907, amended)
• PA 74 of 2003 added the new minimum State costs to the head of the offender payment priority schedule for the portion that is not automatically sent to crime victims. (MCL 712a.29, amended)
• PA 75 of 2003 revised the Corrections Code by adding the payment of the State minimum costs as a condition of parole. (MCL 791.236, amended)
• PA 76 of 2003 amends the DNA Identification Profiling System Act by eliminating the $60 assessment imposed on individuals convicted of crimes for which a DNA sample must be submitted for profiling and entry into the state's forensic DNA database. (MCL 28.176, amended)
• PA 77 of 2003 amends the Probate Code of 1939 by eliminating the $60 assessment imposed on juveniles found responsible for crimes for which a DNA sample must be submitted for profiling and entry into the state's forensic DNA database. (MCL 712a.18k, amended)
• PA 78 of 2003 added a new section to the Revised Judicature Act of 1961 by creating a judicial technology improvement fund for deposit with the State Treasurer administered by the State Court Administrative Office. (MCL 600.175)
• PA 79 of 2003 amended the Community Dispute Resolution Act by revising the funding formula effective October 1, 2003. The Community Dispute Resolution Fund (MCL 691.1560, amended; MCL 600.2529, amended; 600.5756, amended; 600.8371, amended; and 600.8420, amended) is allocated as part of the Civil Filing Fee Fund as amended by PA 138 of 2003.
• PA 95 of 2003 amended the Revised Judicature Act of 1961 by eliminating the requirement that $9.00 in costs be ordered for municipal or state civil infractions earmarked for various state level entities. Instead a justice system assessment of $10.00 was created for such offenses for deposit into the Justice System Fund. (MCL 600.8727(4), amended; and 600.8827(4), amended)
• PA 96 of 2003 amended the Revised Judicature Act of 1961 by establishing a state minimum cost of $45.00 for a serious or specified misdemeanor and $40.00 for other misdemeanors or criminal ordinance violations. (MCL 600.8381, amended)
• PA 97 of 2003 amended the Revised Judicature Act of 1961 by creating the Justice System Fund, in State Treasury, which would receive funds from various assessments and state minimum costs established by this legislative package. The proceeds in the fund are distributed monthly to various entities (such as Highway Safety Fund, Jail Reimbursement Program Fund, Michigan Justice Training Fund, Legislative Retirement System, Drug Treatment Court Fund, Forensic Lab Fund, etc.) by the State Treasurer based on a formula in the statute. (MCL 600.181)
• PA 98 of 2003 amended the Crime Victim's Rights Act by establishing a state minimum cost as the first priority for payment, other than the crime victims rights payments, for individuals convicted of violating state law or ordinance and for juveniles found responsible for such violations. (MCL 712a.18m; 712a.29, amended; 769.1j; 775.22, amended; 780.794a, amended; and 780.826a, amended)
• PA 99 of 2003 amended the Forensic Laboratory Funding Act by eliminating the $150 assessment effective October 1, 2003, imposed on any individuals convicted in criminal cases involving a forensic test or a criminal sexual conduct offense. (MCL 12.206, amended)
• PA 100 of 2003 amended the Michigan Penal Code by eliminating the $60 assessment effective October 1, 2003, imposed on individuals convicted of or found responsible for crimes for which a DNA sample must be submitted for profiling and entry into the state's forensic DNA database. (MCL 750.520m, amended; 712a.18k, amended; and 28.175)
• PA 101 of 2003 amended the Code of Criminal Procedure by establishing the payment of state minimum costs as a condition of probation. (MCL 771.3, amended)
• PA 102 of 2003 amended the Code of Criminal Procedure by establishing the payment of state minimum costs as the first priority for payment, other than the crime victims rights payments, for the individuals convicted of violating state law or local ordinance. (MCL 775.22, amended)
• PA 138 of 2003 established the "Civil Filing Fee Fund" in the State Treasury for the deposit of various assessments and state minimum costs established by this legislative package. The proceeds in the fund are distributed monthly to various entities (such as the State Court Fund, Court Equity Fund, Judicial Technology Improvement Fund, Community Dispute Resolution Fund, Michigan Judges Retirement, Legislative Retirement and State General Fund) based on a formula established by statute. (MCL 600.171)

The complete revised fee schedule and detailed explanation of the changes may be found at the State Court Administrative Office (SCAO) web site referenced in the SCAO Administrative Memorandum 2003-08 with the revised fee schedule of trial courts. The Michigan Supreme Court State Court Administrator distributed these documents on August 6th, 2003 to the courts. We request that the local funding unit treasurer obtain a copy of the revised fee schedule and detailed explanation of these changes from the local court administrator or obtain it from the Michigan Supreme Court web site as listed.
District court fees

Attached is a copy of the revised court transmittal form 295 (8/03) for District/Municipal Courts and form 57 (8/03) for Circuit Courts which replaced forms 295 (1/03) and 57 (1/03), respectively. The revised forms 295 (8/03) and 57 (8/03) must be used when remitting October 2003 collections due on or before November 20, 2003 and future monthly collections to the State Treasurer. Please make copies of the revised form 295 (8/03) or 57 (8/03) (depending on the court) as necessary for use in future months and destroy your supply of old forms. The forms are also available on Treasury's web-site (www.michigan.gov/treasury). If you have any questions, please call 517-373-3227 or write our office at: Michigan Department of Treasury, Local Audit and Finance Division, P.O. Box 30728, Lansing, Michigan 48909-8228.