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Ordinance Na. 2898
CRIMINAL JIISTICE ADMINISTRATIVE FEE IMPT.F.~iRN`i'ATION
The Board of Supervisors of the County of Butte ordains as
follows:
Chapter 36 to the County Ordinance Code is amended to provide for
the imposition and collection of criminal justice administrative
(booking) fees, to read:
Sec. 36-5 Criminal Justice Administrative Fees; Purpose and
Authority. This ordinance implements in Butte County the provisions
of Government Code Section 29550 (1990 Statutes, chapter 466, Section
1 (SB 2557)), which provide for criminal justice administrative
{booking) fees.
Sec. 36-5.1. Fee Imposed,
(a) There is hereby imposed upon every city, special district,
school district, community college district, college, or university, a
fee equal to the administrative casts, including applicable overhead
costs, as determined from time to time by ordinance, of booking or
other processing at the county jail of every person arrested by an
employee of such city, special district, school district, community
college district, college, ar university and brought to the county
jail facility for booking or detention.
(b) Such fees shall be payable an account of every booking or
processing of a person at the Butte County jail on and after July 1,
1990.
{c) For the purpose of this fee, the term 'county jail' means
the detention facility located at 33 County Center Drive, Oroville,
California.
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Sec. 36-5.2. Auditor-Controller Re ort. The Auditor-Controller
has calculated the Criminal Justice Administrative fees for 1990 -
1.991 to be $22.00 far a citation and release and $54.00 for a booking
and hold. Not later than November 30 in every calendar year and
otherwise as ordered by the Board of Supervisors from time to time,
the Auditor-Controller shall report to the Board of Supervisors the
administrative costs, including the applicable overhead casts
permitted by the federal circular A-$7 standards last approved by the
State of California for Butte County, of booking or other processing
of a person at the Butte County jail. Such report shall constitute a
praposed fee pursuant to this Chapter.
Sec. 36-»5.3. Public Hearing.
(a) After its receipt of a report from the Auditor-Controller of
the administrative costs of booking ar other processing of a person
brought to the Butte County jail far booking or detention, the Board
of Supervisors shall direct that a public hearing be held at which any
person may file written objections to the proposed fee or otherwise
oral or written presentations concerning the proposed fee at a
regularly scheduled meeting of the Board of Supervisors.
(b) The Clerk of the Board shall publish notice of the time and
place of the hearing and a general explanation of the matter to be
considered as required by Government Cade Section 54994.1; and the
Clerk of the Board shall make available notice of the hearing,
including a general explanation of the matter to be considered, and a
statement that the data required by the section is available, as
required by Government Code Section 54986, together with a copy of the
report, to every city, special district, school district, community
college district, college or university in Butte County,
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1 Sec. 36-5.4. Findings an Objections.
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(a) After hearing, the Board of Supervisors shall make findings
and determinations on the report and on each written objection
4 received, and shall determine the amount of the fee which may be
5 imposed for the booking or other processing of a person brought to the
~' county jail for booking or detention.
7 (b) The Clerk of the Board shall mail a copy of the board's
~ findings and determinations to every city, special district, school
9 district, community college district, college or university in Butte
10 County .
11 Sec. 36--5.5. Fee Determination. After hearing and after making
12 findings and determinations on the report and the written objections
13 received, the Board of Supervisors may introduce and adopt an
14 ordinance determining the amount o£ the fee to be imposed for the
15 booking or other processing of a person brought to the county jail far
Iii booking or detention.
it Sec. 36-5.6. Collection of Booking Fees ._
~~ (a) The Auditor-Controller shall submit a monthly invoice to
19 every city, special district, school district, community college
~~ district, college ar university, for the criminal justice
21 administrative fees awed by such entity for the prior month and for
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fees not invoiced for previous months.
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(b} If any invoice for criminal justice administration. fees
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remains unpaid after thirty days, in addition to any other remedy
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otherwise available to it, the county may retain up to one half of the
?~' property taxes to which the jurisdiction may otherwise be entitled,
but not to exceed the amount of such invoice plus accrued interest.
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(c) Any invoice far criminal justice administrative fees which
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1 remains unpaid in whole or in part after 30 days, shall bear interest
2 at the legal rate per annum established pursuant to section 685.010 of
3 the Code of Civil Procedure an the unpaid balance thereof.
4 Sec. 36 - 5.7. Regulations, The County Administrator is
authorized to adopt regulations governing the application and
6 administration of the Criminal Justice Administrative Fee for the
~ booking or other processing of arrested persons brought to the county
$ jail for booking or detention.
~ Effective Date. This ordinance becomes effective 30 days after
10 passage, but shall not become operative until January 1, 1991, and
11 within 15 days of passage shall be published once with the names of
12 the supervisors voting far and against it in the
13 Chico Enterprise Record a newspaper published in this County.
14 Severabili~_ Tf any section, subsection, subdivision,
15 paragraph, sentence, clause or phrase of this ordinance or any part
lfi thereof is for any reason held to be invalid ar unconstitutional, such
17 decision shall not affect the validity of the remaining portion of
18 this ordinance or any part thereof. The County hereby declares that
l9 it would have passed each section, subsection, subdivision, paragraph,
2[1 sentence, clause of phrase thereof, irrespective of the fact that any
91 one or more section, subsection, subdivision, paragraph, sentence,
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clause or phrases be declared invalid or unconstitutional.
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PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the 8th day of January ,
199~~., by the following vote:
AYES : Supervisors A9cInturf, Campbel 1 , ~u7 ton, P~cl.aughl i n and
Chairman ~o1an
NOES : Done
ABSENT : {None
NOT VOTING : None ~\ n \1
.~ ~ Jane'F~olan , Chair off- the
tte aunty Board of Supervisors
ATTEST:
'WILLIAM H, RANDOLPH, Chief Admi
Officer and Clerk of the Board
ative
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~(booking.ord)
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