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Home My WebLink About28911 2 3 4 5 6 7 R 9 I (~ 11 12 13 14 I5 16 17 18 ~ '?J ORi}INANC~ NOT TN EFF~CT - REFER TO ORDII~ANCE N0. 289$ Ordinance No. 2$9~__ __ CRIMINAL JUSTICE ADMINISTRATIVE FEE IMPLEMENTATION The Board of Supervisors of the County o~ But~e ordaa.ns as foZZows: Chap~er 36 to the County Ordinance Code is amended to provide for the imposition and collection o~ criminal jus~ice adminis~rati.ve {booking) ~ees, to read: Sec. 36-5 Crimina~. Jus~ice Administrative Fees; Purpose and Authorzty, This ordinance implements in Bu~.te County the provisions of Govern~nent Code Secf.ion 295~0 (1990 Statutes, chapter 466, Section 1(SB 2557)), which provide ~or crimi.nal jus~ice administrati.ve (booking) fees. Sec. 36--5.1. Fee ~mposed. ~ (a) There is hereby iFnposed upon every city, special district, schaol district, CO~LiR~lrilt~7 callege district, col.lege, or university, a fee equal to the administrative costs, inc~uding appli.cable overhead ~costs, as determined ~rom ti~ne to time by ordinance, o~ booking or ~y other pracessing at the county ~ai1 af every person arrested by an ~~ e~nployee o~ such city, speci.al district, school district, community 21 co~lege district, co~.l.eg~, or un~.versity and brought ~.o ~.he county ~2 jai3. facility for booking or detention. °-~ (b} Such ~ees sha11 be payable on accaunt o~ every bQOking or n~ processing of a person at the But~.e County jail on and af~er J~I.y Z, ~'~' ~~1990. 9~' (c) For the purpose o£ this fee, the te~m 'caunty jail' means `?7 tha de~ention ~acility lacated at 33 Co~nty Center Drive, Orovi~le, ~~ ~~Cali~ornia. 1 2 3 4 Sec. 36-5.2. Auda.tor-Con~roiler Report. The Auditor--Controller has ca~.cula~.ed the Criminal Jus~ice Adminis~rative fees far 1990 - 1991 to be $22.00 for a citatian and release and $5~4.00 ~or a booking and hold. No~ later than Novembe~ 30 in every calendar year and otherwise as ordered by the Board of Supervisars frozn time to time, 5 6 7 8 9 10 11 12 13 14 I5' 16 l7 18 the Auditor-Cantroller shall report to the Board o~ Supervisors the administrative costs, inc~udi.ng the applicable ~verhead costs permitted by the federal. circular A-87 standards last approved by the State o~ Cali.~ornia for Bu~te County, o£ boaking or oth~r processing of a person at ~he But~.e County jai.l. Such report sha~l constitute a propased ~ee pursuant to this Chapt~r. Sec. 36-5.3. P~.blic Hearing. (a) After i~s receipt of a report from the Auditar--Controller of the adminis~rative costs of booking or other processing of a person bxought to the Butte County jail for booking or de~ention, the Board o~ Sup~rv~.sors sha11 direct tha~ a gubl.ic heaxing be held at which any rson may ~i~e written obj~ctions to the proposed fee or otherwise ke oral or written presentations concerning the p~opos~d fee at a 19 r~guZa~l.y schedul~d mee~ing of the Board a~' Supervisors. ~~ (b) The Clerk af the Board sha].1 pub].ish natice o~ the time and 21 place af the hearing and a general. explanation of the mafter to be ~2 considered as required by Government Code Section 5499~.1; and th~ ~'~3 Clerk of ~he Board sha~l make available notice of the hearing, ~'~ a.ncluding a genera~ explana~ion af the mat~er to be considered, and a 9~' statement ~.hat the data required by the section is avaiZabl~, as 9~' required by Government Code Section 54986, toge~her with a capy o~ the ~'~ repor~, to every city, special district, school district, comm~nity ~~ college district, co~lege o~ university ir~ But~e County. ~ Sec. 36-5.4. Findin s on Ob'ections. 2 (a) After h~aring, tha Board a~ Supervisors shall mak~ £indings 3 and determinations on ~he report and on each wri~ten objection 4 received, and sha~1 determine the amount of ~he fee which may be 5~mposed for the booking or oth~r processing of a person brought to the ~ county jail ~or bookzng or detention. ~ (b) The Clerk of the Soard shalY mail a capy of the board's ~ findings and determinatians to ~very city, special d~strict, school g district, cammunity caii~~~ district, colZeg~ or university in Butte ~~ County. ~~ Sec. 36-5.5. Fee Det~rmination. After hearing and after making 12 ~~~dings and determinations on the report and the written objections 13 receiv~d, the Board a~ Supervisors may introduce and adopt an X4 ordinance determining the amaun~ of ~he fee to be imposed for the 15 bookzng ar other processing of a person brough~ to the county jail ~or 1~ booking or d~tent~on. » Sec. 36-5.6. Collection of Booking Fees. 1~ (a} The Audito~-Controller shall submit a monthly invo~ce to ~9 ev~ry city, special distriat, school district, community college ~~ district, college or university, ~or the c~iminal justice ~~ administrative fees owed by such entity ~or tha prior month and for ?2 fees no~ invoiced for previous months. ~~~ (by If any invoice for criminal justice administration fees ~~ remains unpaid a~ter th~rty days, in addition to any other remedy W5 otherwise availab~e to it, ~he aounty may retain up to one ha~f of the ~~ roperty taxes ~o which ~he ju~isdic~ian may otherwise be en~itled, `.? 7 ut nof to exceed the amourzt of such invoice plus accrued interest. ~ (c) Any invoice ~or criminal justice administrative fees which 1 2 3 4 5 s 7 8 9 10 X1 ~emains unpaid in whole or in part a~ter 30 days, sha~.1 bear interest at ~.he ~ega3. rate per a:nnum ~stab3.ish~d pu~suant to section 685.010 0£ ~he Code of Civil Frocedure on the unpaid balance thereof. Sec. 36 - 5.7. Reg~lations. The County Administrafor is authorized to adopt regulations governing the application and administrat.~on af the Crimina~ Justa.ce Admini.strat~ve Fee for the booking or o~.h~r processing of arrested pe~sons brought to the county jail for booking or detention, Ef~ective Date. This ordinance becomes effective 30 days af~e~ passage, but shal.l ~ot become operative until January 1, 1991, and within 15 days of passage shall be published once with the names of 12 the supervisors vot~ng far and against i~. in the ~3 , a newspaper publ.ished in this County. ~4 Severabi~i~~, If any section, subsection, subdivision, ~5 paragraph, sentence, clause o~ phrase of this ordinance or any part 1~ thereo~ is ~or any reason held ~o be invalid or unconstitutiona3., such j~ decision shall not affect the validity of the remaining portion of ~~ this ardinance o~ an.y part thereof. The County hereby decl.ares that ~~ it woul.d have passed each section, subsection, subdivision, paragraph, ~~ sentence, clause of phrase thereof, irrespective of ~he fact that any ~1 one or mare section, subsection, subd,i,vi.siox~r paragx~aph, sentence, "2 clause or ph~as~s be declared invalid or unconstitutional. ~'~ / / / ~'~ / / / ~5 / / / 9~' I / l ~7 / / / 9~ / / ~ PASSED AND ADOPTED by the Board o~ Supervisors of the County o~ 2 Butte, State o~ Cali~o~z~ia, on the Xg~~ day of December , 3 199~, by the following vote: 4 AYES: Supervisors ~'ulton, Mc~nturf, Vercruse and Chairman McLaug~ila.n ~ NOES : ~Tone s ABSENT : Supervisor ]7o1an ~ NOT VOT~NG : None ~~ f ~ ED McLAUGHLZ Chair of the 9 Butte County BQ rd ~~ Supervisars ATT~ST : ~ ~. $ T~~ 10 ! il 12 I3 14 15 1 Fi 17 i8 l9l 20 21 22 `? 3 hq ~~r, ~~ `?7 ~~ WTLL~AM H. RANDOLPH, Chief Administrative O~ficer ancl C1.erk of the B~ard BY a.~.__'~ ~ (baoking, ord) ORl}INANCES NOS. 2s9o A~ 2891 AxE ~aT IN EFFECT PLEASE RE~ER TO BOARD MTNUT~S OF JAl~TtTARY 8, 1991, M~NUTE ORDERS 91-02(1} ANI] 91-Q2(19), ORDINANCES NOS. 2897 AND 2898