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HomeMy WebLinkAbout89-216RESOLUTION OF THE BOARD OF SUPERVISORS TO IMPLEMENT THE PROVISIONS OF GOVERNMENT CODE SECTION 76042 RELATIVE TO THE STATHAM-ROBBINS COUNTY CRIMINAL JUSTICE FACILITY TEMPORARY CONSTRUCTION FUND WHEREAS, it is incumbent on the Board of Supervisors to provide adequate criminal justice facilities; and WHEREAS, the ability of the Board to acquire, rehabilitate, construct, finance, lease and maintain such facilities, and to provide for the payment or repayment of obligations entered into for such purposes is severely strained by reason of limitations upon County revenues; and WHEREAS, to assist in the funding of County criminal justice facilities, and the improvement of criminal justice automated information systems, Section 76042 of the Government Code provides for the establishment of a Statham-Robbins Criminal Justice Facility Temporary Construction Fund, and the imposition of certain assessments or surcharges upon specified fines, penalties, forfeitures, and parking bail deposits to be deposited into such fund; and WHEREAS, Section 76042 of the Government Code becomes operative upon adoption of a resolution by the Board stating that the provisions of this section are necessary to the establishment of adequate criminal justice facilities in the County; NOW, THEREFORE, the Board of Supervisors of the County of Butte does hereby resolve, declare and determine as follows: 1. The foregoing recitals are adopted as a part of this resolution. 2. Implementation of the provisions of Section 76042 of the Government Code is necessary to the establishment of adequate criminal justice facilities in the County, and the assessment increase imposed pursuant to this section shall be levied on every -2- applicable fine, penalty, and forfeiture imposed and collected by the courts. Tn addition, for every parking offense where a fine or forfeiture is imposed, a surcharge of one dollar and fifty cents ($1.50) shall be included in the fine or forfeiture. 3. Pursuant to these laws, if not already established, there is hereby established in the County Treasury a separate trust fund known as the Statham-Robbins Criminal Justice Facility Temporary Construction Fund. 4. All assessments and surcharges collected pursuant to Section 76042 of the Government Code shall be deposited in the Fund. 5. The Clerk of the Board of Supervisors is instructed to transmit a copy of this resolution to the judges of the courts of this County and to any entity within this County that processes and/or collects upon every fine, penalty, or forfeiture imposed for criminal offenses and/or processes and collects parking bail deposits with the request that the bail schedule amounts be increased as appropriate to reflect the assessment and surcharge provided for by Section 76042 of the Government Code effective January 1, 1990. PASSED AND ADOPTED by the Butte County Board of Supervisors this 19th day of December, 1989 by the following vote: AYES: Supervisozs Dolan, McInturf, McLaughlin and Chairman k'ulton NOES : None ABSENT: gupervisor Vercruse NOT VOTING: None ATTEST: wIhLIAM H. RAND PH, Chief Administrative Officer and C rk of t e Board By: