Current with legislation from 2024 Fiscal and Special Sessions.
Section 16-10-207 - Police department and marshals' and sheriffs' offices - Activities and clerical duties requiredThe following activities and clerical duties relating to court functions shall be required of all police departments, city or town marshals, and sheriffs' offices:
(1)Preparation and Submission of Arrest Report.(A) Separate arrest reports shall be prepared for city cases and county cases.(B) The arrest report shall contain the following information:(iii) Nature of the offense;(iv) Name of the arresting officer;(v) Receipt number, if applicable;(vi) Fine and costs collected, if applicable; and(vii) Any other additional information deemed appropriate or necessary.(C) Before the court date, the arrest report shall be prepared from the citations accumulated in the court date file in the police department office, marshal's office, or sheriff's office.(D) If applicable, the fine and costs collected shall be totaled, and a check shall be drawn payable to the court fund that represents moneys collected and receipts issued by the police department, marshal's office, or sheriff's office for those citations contained on the arrest report.(E) A completed copy of the arrest report accompanied by the police department's, marshal's office, or sheriff's office check, if applicable, shall be delivered to the court clerk at least seven (7) business days before the court date; and(2)Collection, Receipt, and Deposit Procedures.(A) This subdivision (2) does not apply if the court clerk has been designated to be primarily responsible for the collection of fines under § 16-13-709.(B) A prenumbered receipt must be issued for all moneys collected.(C) Prenumbered manual receipts must meet the following minimum standards: (i) All receipt books must be prenumbered by the printer, and a printer's certificate shall be furnished to the police department, marshal's office, or sheriff's office, which shall be made available for inspection;(ii) The certificate must state the printing date, the numerical sequence of receipts printed, and the printer's name; and(iii) All void or spoiled receipts must be accounted for by attaching the original copy of the receipt to the duplicate copy of the receipt in the receipt book, with the reason for the void or spoiled receipt documented and retained for audit purposes.(D) If an electronic receipting system is used, the system must be in compliance with the Information Systems Best Practices Checklist provided by the Legislative Joint Auditing Committee.(E) The receipt shall be issued in the name of the violator regardless of who paid the bond or fine or who collected the bond or fine and must indicate the method of payment, such as cash, check, money order, or credit card.(F)(i) Receipts shall be deposited intact daily into the bank account maintained by the police department, marshal's office, or sheriff's office.(ii) All receipt numbers shall be entered on the arrest report by the police department, marshal's office, or sheriff's office.(G) The police department, marshal's office, or sheriff's office may maintain separate bank accounts for city cases and county cases.(H)(i) The bank deposit slips prepared by the police department, marshal's office, or sheriff's office shall contain the range of receipt numbers evidencing such collections.(ii) In addition, the receipts issued shall be reconciled with the monthly bank deposits.(I) A bank reconciliation shall be made at the end of each month, and any balance remaining in the bank account shall be identified with receipts issued but not yet entered on the arrest report.(J)(i) A cash receipts journal or electronic receipts listing shall be established.(ii) The receipts journal or electronic receipts listing must indicate the receipt number, receipt date, violator's name, amount of the receipt, and classification of the receipt.(iii) The receipts journal or electronic receipts listing shall be properly balanced and totaled monthly and on a year-to-date basis.(iv) The receipts journal or electronic receipts listing shall be reconciled monthly to total bank deposits as shown on the bank statements.(K)(i) A cash disbursements journal or electronic check register shall be established.(ii) The disbursements journal or electronic check register must indicate the date, payee, check number, amount for each check written, and the classification of the disbursement.(iii) The disbursements journal or electronic check register shall be properly balanced and totaled monthly and on a year-to-date basis.(iv) The disbursements journal or electronic check register shall be reconciled monthly to total bank disbursements as indicated on the bank statements.Acts 1977, No. 332, § 6; A.S.A. 1947, § 22-1106; Acts 2007, No. 627, § 1; 2009, No. 456, § 2; 2011, No. 1174, § 5.