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Ordinance No . 385+
AN ORDINANCE AMENDING CHAPTER 36, ARTICLE I, SECTIONS 3s-5.1A AND
36--5.2 OF THE BUTTE COUNTY CODE REGARDING CERTAIN COSTS CHARGEABLE
BY THE BUTTE COUNTY JAIL FOR BOOKING OR DETENTION OF PERSONS
ARRESTED BY CITIES, SPECIAL DISTRICTS, SCHOOL DISTRICTS, COMMUNITY
COLLEGE DISTRICTS, COLLEGES DR UNIVERSITIES
The Board of Supervisors of the County of Butte ordains as
follows:
Section 1. Butte County Code Section 36-5.1A is amended to read as
follows:
"Section 36-5.1A Reduction of the fee imposed.
Section 36-5.1 shall not apply to an allied police agency
which has implemented and utilized a computerized jail
management system (JMS} for purposes of processing for booking
and detention every person arrested by such police agency. In
such cases, where the arresting agency utilizes the JMS and
remote capture prior to booking, the fees as described in this
chapter shall be reduced as provided by Government Code
section 29550{a){3) and such reduced rates shall be thirty-
three dollars ($33.00} for book, cite and release with remote
capture and thirty-three dollars {$33.00) far book and house
with remote capture for the 2003-2004 fiscal year.
Section 2. Butte County Code Section 36-5.2 is amended to read as
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follows:
"Section 36-5.2 Auditor-controller report.
The auditor-controller has calculated the criminal justice
administrative fees for 2003-2004 to be eighty dollars
($80.00) for book, cite and release and one hundred and nine
dollars ($109} for book and house of inmates into the Butte
County jail. Notwithstanding the above calculation of
criminal justice administrative fees, pursuant to negotiations
with affected police agencies, such criminal justice
administrative fees charged to each affected police agency
shall be thirty-three dollars ($33.00) for book, cite and
release and eighty-two dollars ($82.00} for book and house of
inmates into the Butte County jail, for the 2003-2004 fiscal
year. The remaining rate adjustment for the fiscal year 2004-
2005, shall be the subject of negotiations between the County
and affected public agencies. 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 costs permitted by the
federal circular A-87 standards last approved by the State of
California for Butte County, of booking or other processing of
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a person at the Butte County jail. Such report sha11
constitute a proposed fee pursuant to this chapter."
Section 3. Author__ity_ This ordinance is enacted pursuant to
Government Cade Section 29550, Article I, Section 1 of the Butte
County Charter, and Article XI, Section 7 of the California
Constitution.
Section 4. Findings. The Board of Supervisors has previously found
in a duly noticed public hearing that the processing costs as
enacted by this ordinance do not e~cceed the actual. administrative
casts, including applicable overhead costs as permitted by federal
'iCircular A-87 standards incurred in booking or otherwise processing
arrested persons.
Section 5. Severabilit .
~If any provision of this Ordinance or the application thereof to
any person or circumstances is for any reason held to be invalid by
a court of competent jurisdiction, such provision sha11 be deemed
severable, and the invalidity thereof shall not affect the
remaining provisions or other applications of the Ordinance which
can be given effect without the invalid provision or application.
thereof.
Section 5. Effective Date and Publication. This Ordinance shall.
take effect thirty (30) days after the date of its passage. The
Clerk of the Board of Supervisors is authorized and directed to
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publish this ordinance before the expiration of fifteen {15) days
after its passage. This Ordinance shall be published once, with
the names of the members of the Board of Supervisors voting for and
against in the
it Enterprise-Record a newspaper of
,
general circulation published in the County of Butte,. State of
California.
PASSED AND ADOPTED by the Board of Supervisors of the County
of Butte, State of California, on the 24th day of
June 2003, by the following vote:
AYES: Supervisors Dolan, Roux, Josa.assen,:Yamaguchi.an~. Chair Beeler
NOES : None
ABSENT : None
NOT VOTING : Nane
IATTEST:
~L^~1~ -
R. J. Beeler, Chair of the
Butte County Board of Supervisors
PAUL McINTOSH, Chief
Administrative Officer '
and Clerk of the Board
g:\ordinance\Hookingfees 3xd draft.wpd
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