29550. (a) (1) Subject to subdivision (d) of Section 29551, a
county may impose a fee upon a city, special district, school
district, community college district, college, or university for
reimbursement of county expenses incurred with respect to the booking
or other processing of persons arrested by an employee of that city,
special district, school district, community college district,
college, or university, where the arrested persons are brought to the
county jail for booking or detention. The fee imposed by a county
pursuant to this section shall not exceed the actual administrative
costs, including applicable overhead costs as permitted by federal
Circular A-87 standards, as defined in subdivision (d), incurred in
booking or otherwise processing arrested persons. For the 2005-06
fiscal year and each fiscal year thereafter, the fee imposed by a
county pursuant to this subdivision shall not exceed one-half of the
actual administrative costs, including applicable overhead costs as
permitted by federal Circular A-87 standards, as defined in
subdivision (d), incurred in booking or otherwise processing arrested
persons. A county may submit an invoice to a city, special district,
school district, community college district, college, or university
for these expenses incurred by the county on and after July 1, 1990.
Counties shall fully disclose the costs allocated as federal Circular
A-87 overhead.
(2) Any increase in a fee charged pursuant to this section shall
be adopted by a county prior to the beginning of its fiscal year and
may be adopted only after the county has provided each city, special
district, school district, community college district, college, or
university 45 days written notice of a public meeting held pursuant
to Section 54952.2 on the fee increase and the county has conducted
the public meeting.
(3) Any county that imposes a fee pursuant to this section shall
negotiate a reduced fee with any city, special district, school
district, community college district, college, or university within
the county for any services that are performed by the arresting
agency in the processing of arrestees that do not have to be
duplicated by the county.
(4) This subdivision shall not apply to counties that are under a
contractual agreement with a city, special district, school district,
community college district, college, or university within the county
that is subject to the fee.
(b) The exemption of a local agency from the payment of a fee
pursuant to this subdivision does not exempt the person arrested from
the payment of fees for booking or other processing.
(1) Notwithstanding subdivision (a), a city, special district,
school district, community college district, college, or university
shall not be charged fees for arrests on any bench warrant for
failure to appear in court, nor on any arrest warrant issued in
connection with a crime not committed within the entity's
jurisdiction.
(2) Notwithstanding subdivision (a), a city, special district,
school district, community college district, college, or university
shall not be charged fees for a person who is ordered by a court to
be remanded to the county jail except that a county may charge a fee
to recover those direct costs for those functions required to book a
person pursuant to subdivision (g) of Section 853.6 of the Penal
Code.
(3) Notwithstanding subdivision (a), a city, special district,
school district, community college district, college, or university
shall not be charged fees for arrests made pursuant to arrest
warrants originating outside of its jurisdiction.
(4) Notwithstanding subdivision (a), no fees shall be charged to a
city, special district, school district, community college district,
college, or university on parole violation arrests or
probation-ordered returns to custody, unless a new charge has been
filed for a crime committed in the jurisdiction of the arresting
city, district, college, or university.
(5) An agency making a mutual aid request shall pay fees in
accordance with subdivision (a) that result from arrests made in
response to the mutual aid request except that in the event the
Governor declares a state of emergency, no agency shall be charged
fees for any arrest made during any riot, disturbance, or event that
is subject to the declaration.
(6) Notwithstanding subdivision (a), no fees shall be charged to a
city, special district, school district, community college district,
college, or university for the arrest of a prisoner who has escaped
from a county, state, or federal detention or corrections facility.
(7) Notwithstanding subdivision (a), no fees shall be charged to a
city, special district, school district, community college district,
college, or university for arrestees held in temporary detention at
a court facility for purposes of arraignment when the arrestee has
been previously booked at an entity detention facility.
(8) Notwithstanding subdivision (a), no fees shall be charged to a
city, special district, school district, community college district,
college, or university as the result of an arrest made by its
officer assigned to a formal multiagency task force in which the
county is a participant. For the purposes of this section, "formal
task force" means a task force that has been established by written
agreement of the participating agencies.
(9) In those counties where the cities and the county participate
in a consolidated booking program and where prior to arraignment an
arrestee is transferred from a city detention facility to a county
detention facility, the city shall not be charged for those tasks
listed in subdivision (d) that are a part of the consolidated booking
program which were completed by the city prior to delivering the
arrestee to the county detention facility. However, the county may
charge the actual administrative costs for those additional tasks
listed in subdivision (d) that are performed in order to receive the
arrestee into the county detention facility. For the 2005-06 fiscal
year and each fiscal year thereafter, the county may charge up to
one-half of the actual administrative costs for those additional
tasks listed in subdivision (d) that are performed in order to
receive the arrestee into the county detention facility.
(c) Any county whose officer or agent arrests a person is entitled
to recover from the arrested person a criminal justice
administration fee for administrative costs it incurs in conjunction
with the arrest if the person is convicted of any criminal offense
related to the arrest, whether or not it is the offense for which the
person was originally booked. The fee which the county is entitled
to recover pursuant to this subdivision shall not exceed the actual
administrative costs, including applicable overhead costs incurred in
booking or otherwise processing arrested persons.
(d) When the court has been notified in a manner specified by the
court that a criminal justice administration fee is due the agency:
(1) A judgment of conviction may impose an order for payment of
the amount of the criminal justice administration fee by the
convicted person, and execution may be issued on the order in the
same manner as a judgment in a civil action, but shall not be
enforceable by contempt.
(2) The court shall, as a condition of probation, order the
convicted person, based on his or her ability to pay, to reimburse
the county for the criminal justice administration fee, including
applicable overhead costs.
(e) As used in this section, "actual administrative costs" include
only those costs for functions that are performed in order to
receive an arrestee into a county detention facility. Operating
expenses of the county jail facility including capital costs and
those costs involved in the housing, feeding, and care of inmates
shall not be included in calculating "actual administrative costs."
"Actual administrative costs" may include the cost of notifying any
local agency, special district, school district, community college
district, college or university of any change in the fee charged by a
county pursuant to this section. "Actual administrative costs" may
include any one or more of the following as related to receiving an
arrestee into the county detention facility:
(1) The searching, wristbanding, bathing, clothing,
fingerprinting, photographing, and medical and mental screening of an
arrestee.
(2) Document preparation, retrieval, updating, filing, and court
scheduling related to receiving an arrestee into the detention
facility.
(3) Warrant service, processing, and detainer.
(4) Inventory of an arrestee's money and creation of cash
accounts.
(5) Inventory and storage of an arrestee's property.
(6) Inventory, laundry, and storage of an arrestee's clothing.
(7) The classification of an arrestee.
(8) The direct costs of automated services utilized in paragraphs
(1) to (7), inclusive.
(9) Unit management and supervision of the detention function as
related to paragraphs (1) to (8), inclusive.
(f) An administrative screening fee of twenty-five dollars ($25)
shall be collected from each person arrested and released on his or
her own recognizance upon conviction of any criminal offense related
to the arrest other than an infraction. A citation processing fee in
the amount of ten dollars ($10) shall be collected from each person
cited and released by any peace officer in the field or at a jail
facility upon conviction of any criminal offense, other than an
infraction, related to the criminal offense cited in the notice to
appear. However, the court may determine a lesser fee than otherwise
provided in this subdivision upon a showing that the defendant is
unable to pay the full amount. All fees collected pursuant to this
subdivision shall be transmitted by the county auditor monthly to the
Controller for deposit in the General Fund. This subdivision applies
only to convictions occurring on or after the effective date of the
act adding this subdivision and prior to June 30, 1996.
29550.1. Any city, special district, school district, community
college district, college, university, or other local arresting
agency whose officer or agent arrests a person is entitled to recover
any criminal justice administration fee imposed by a county from the
arrested person if the person is convicted of any criminal offense
related to the arrest. A judgment of conviction shall contain an
order for payment of the amount of the criminal justice
administration fee by the convicted person, and execution shall be
issued on the order in the same manner as a judgment in a civil
action, but the order shall not be enforceable by contempt. The court
shall, as a condition of probation, order the convicted person to
reimburse the city, special district, school district, community
college district, college, university, or other local arresting
agency for the criminal justice administration fee.
29550.2. (a) Any person booked into a county jail pursuant to any
arrest by any governmental entity not specified in Section 29550 or
29550.1 is subject to a criminal justice administration fee for
administration costs incurred in conjunction with the arresting and
booking if the person is convicted of any criminal offense relating
to the arrest and booking. The fee which the county is entitled to
recover pursuant to this subdivision shall not exceed the actual
administrative costs, as defined in subdivision (c), including
applicable overhead costs as permitted by federal Circular A 87
standards, incurred in booking or otherwise processing arrested
persons. If the person has the ability to pay, a judgment of
conviction shall contain an order for payment of the amount of the
criminal justice administration fee by the convicted person, and
execution shall be issued on the order in the same manner as a
judgment in a civil action, but the order shall not be enforceable by
contempt. The court shall, as a condition of probation, order the
convicted person to reimburse the county for the criminal justice
administration fee.
(b) All fees collected by a county as provided in this section and
Section 29550, may be deposited into a special fund in that county
which shall be used exclusively for the operation, maintenance, and
construction of county jail facilities.
(c) As used in this section, "actual administrative costs" include
only those costs for functions that are performed in order to
receive an arrestee into a county detention facility. Operating
expenses of the county jail facility including capital costs and
those costs involved in the housing, feeding, and care of inmates
shall not be included in calculating "actual administrative costs."
"Actual administrative costs" may include any one or more of the
following as related to receiving an arrestee into the county
detention facility:
(1) The searching, wristbanding, bathing, clothing,
fingerprinting, photographing, and medical and mental screening of an
arrestee.
(2) Document preparation, retrieval, updating, filing, and court
scheduling related to receiving an arrestee into the detention
facility.
(3) Warrant service, processing, and detainer.
(4) Inventory of an arrestee's money and creation of cash
accounts.
(5) Inventory and storage of an arrestee's property.
(6) Inventory, laundry, and storage of an arrestee's clothing.
(7) The classification of an arrestee.
(8) The direct costs of automated services utilized in paragraphs
(1) to (7), inclusive.
(9) Unit management and supervision of the detention function as
related to paragraphs (1) to (8), inclusive.
(d) It is the Legislature's intent in providing the definition of
"actual administrative costs" for purposes of this section that this
definition be used in determining the fees for the governmental
entities referenced in subdivision (a) only. In interpreting the
phrases "actual administrative costs," "criminal justice
administration fee," "booking," or "otherwise processing" in Section
29550 or 29550.1, it is the further intent of the Legislature that
the courts shall not look to this section for guidance on what the
Legislature may have intended when it enacted those sections.
29550.3. (a) A city which books or processes persons to a jail
administered by it and which does not otherwise incur an
administrative fee from the county, may establish and collect an
administrative fee for an arrested person pursuant to the same
standards and procedures set forth in Section 29550.1.
(b) Any city whose officer or agent arrests a person is entitled
to recover from the arrested person a criminal justice administration
fee for administrative costs it incurs in conjunction with the
arrest if the person is convicted of any criminal offense related to
the arrest, whether or not it is the offense for which the person was
originally booked.
(c) Any booking fee imposed pursuant to this section shall be
charged to the person booked and not to the arresting entity.
(d) Nothing in this section shall be construed to limit the
ability of any city to enter into agreements with other local
arresting agencies authorizing the imposition of a criminal justice
administration fee by that city upon those local arresting agencies
for reimbursement of expenses incurred with respect to the booking or
other processing of persons into a jail facility operated by that
city.
29551. (a) The board of supervisors or city council of any county,
city and county, or city that opts to receive funds pursuant to
Section 29552 shall establish a local detention facility revenue
account, on behalf of the sheriff or the official responsible for
local detention facilities in the county, city and county, or city,
into which shall be deposited funds paid by the Controller, pursuant
to Section 29552. The funds in the local detention facility revenue
account shall be used exclusively for the purpose of operation,
renovation, remodeling, or constructing local detention facilities
and related equipment.
(b) (1) If an appropriation for the purposes specified in Section
29552 is made in any fiscal year, a county, city and county, or city,
may charge a jail access fee to a local agency that exceeds the
agency's three-year average number of nonfelony bookings for crimes
listed in paragraph (2) at a rate not to exceed the actual cost of
booking an arrested person into the local detention facility, for
each booking in excess of the three-year average. A local agency's
three-year average number of nonfelony bookings for crimes listed in
paragraph (2) shall be recalculated each year. The jail access fee
shall be calculated and paid on a monthly basis, and all revenue
derived from the jail access fee shall be deposited into the local
detention facility revenue account created pursuant to subdivision
(a).
(2) Bookings for violations of each of the following shall be used
to determine a local agency's three-year average:
(A) Municipal code violations.
(B) Misdemeanor violations, except driving under the influence
offenses and domestic violence misdemeanor offenses, including
enforcement of protective orders.
(c) Cities that operate Type One facilities within a county shall
be eligible to receive funds from the county's local detention
facility revenue account. Cities that operate Type One facilities and
charged booking fees pursuant to Section 29550.3 during the 2006-07
fiscal year shall receive funds in an amount proportional to the
number of persons booked into the city's Type One facility for which
the city charged fees to the arresting agency.
(d) Except as provided in subdivisions (c) to (f), inclusive, of
Section 29550 and subdivisions (a) to (c), inclusive, of Section
29550.3, every year in which at least thirty-five million dollars
($35,000,000) is appropriated for the purposes of Section 29552,
counties, cities and counties, and cities are prohibited from
collecting fees pursuant to Sections 29550 and 29550.3 from other
public entities. In any fiscal year in which the appropriation for
the purposes of Section 29552 is less than thirty-five million
dollars ($35,000,000), a county, city and county, or a city may
collect fees pursuant to Section 29550 and Section 29550.3 up to a
rate, adjusted as provided in subdivision (e), in proportion to the
amount that the amount appropriated is less than thirty-five million
dollars ($35,000,000).
(e) The maximum rate of the fee charged by each local agency
pursuant to subdivision (d) shall be the rate charged as of June 30,
2006, pursuant to Section 29550 or 29550.3, increased for each
subsequent fiscal year by the California Consumer Price Index as
reported by the Department of Finance plus 1 percent, compounded
annually.
(f) This section shall become operative on July 1, 2007.
29552. (a) (1) Commencing with the 2007-08 fiscal year, all
counties and cities and counties that charged fees pursuant to
Section 29550 and cities with Type One detention facilities that
charged fees pursuant to Section 29550.3 during the 2006-07 fiscal
year may apply to the Controller to receive funding provided pursuant
to subdivision (b) that is equal to the fee revenue received by the
county, city and county, or city during the 2006-07 fiscal year, to
the extent that funding is appropriated therefore in the annual
budget act or other appropriation legislation. If insufficient funds
are appropriated to equal the full amount of fees received in the
2006-07 fiscal year, each county, city and county and city that
applies for funding shall receive a share of the appropriated funds
proportionate to the share of fees it received in the 2006-07 fiscal
year compared to the statewide total reported to the Controller.
(2) The remaining portion of any amount appropriated for purposes
of this section shall be paid proportionally to all counties, cities
and counties, and cities based on the number of bookings within each
county during the year previous to the current payment.
(b) The Controller shall allocate the funds authorized for the
purposes of this section on a quarterly basis commencing October 1,
2009, to all eligible counties, cities and counties, and cities. Any
city, county, or city and county that applies for funding pursuant to
this section shall comply with all requests for information made by
the Controller.
29553. Commencing with the 2009-10 fiscal year, the payments
authorized by Section 29552 shall be fully funded from the Local
Safety and Protection Account in the Transportation Tax Fund
authorized by Section 10752.2 of the Revenue and Taxation Code. The
Controller shall allocate 6.26 percent of the moneys annually
deposited in the Local Safety and Protection Account for purposes of
these payments.
29550. (a) (1) Subject to subdivision (d) of Section 29551, a
county may impose a fee upon a city, special district, school
district, community college district, college, or university for
reimbursement of county expenses incurred with respect to the booking
or other processing of persons arrested by an employee of that city,
special district, school district, community college district,
college, or university, where the arrested persons are brought to the
county jail for booking or detention. The fee imposed by a county
pursuant to this section shall not exceed the actual administrative
costs, including applicable overhead costs as permitted by federal
Circular A-87 standards, as defined in subdivision (d), incurred in
booking or otherwise processing arrested persons. For the 2005-06
fiscal year and each fiscal year thereafter, the fee imposed by a
county pursuant to this subdivision shall not exceed one-half of the
actual administrative costs, including applicable overhead costs as
permitted by federal Circular A-87 standards, as defined in
subdivision (d), incurred in booking or otherwise processing arrested
persons. A county may submit an invoice to a city, special district,
school district, community college district, college, or university
for these expenses incurred by the county on and after July 1, 1990.
Counties shall fully disclose the costs allocated as federal Circular
A-87 overhead.
(2) Any increase in a fee charged pursuant to this section shall
be adopted by a county prior to the beginning of its fiscal year and
may be adopted only after the county has provided each city, special
district, school district, community college district, college, or
university 45 days written notice of a public meeting held pursuant
to Section 54952.2 on the fee increase and the county has conducted
the public meeting.
(3) Any county that imposes a fee pursuant to this section shall
negotiate a reduced fee with any city, special district, school
district, community college district, college, or university within
the county for any services that are performed by the arresting
agency in the processing of arrestees that do not have to be
duplicated by the county.
(4) This subdivision shall not apply to counties that are under a
contractual agreement with a city, special district, school district,
community college district, college, or university within the county
that is subject to the fee.
(b) The exemption of a local agency from the payment of a fee
pursuant to this subdivision does not exempt the person arrested from
the payment of fees for booking or other processing.
(1) Notwithstanding subdivision (a), a city, special district,
school district, community college district, college, or university
shall not be charged fees for arrests on any bench warrant for
failure to appear in court, nor on any arrest warrant issued in
connection with a crime not committed within the entity's
jurisdiction.
(2) Notwithstanding subdivision (a), a city, special district,
school district, community college district, college, or university
shall not be charged fees for a person who is ordered by a court to
be remanded to the county jail except that a county may charge a fee
to recover those direct costs for those functions required to book a
person pursuant to subdivision (g) of Section 853.6 of the Penal
Code.
(3) Notwithstanding subdivision (a), a city, special district,
school district, community college district, college, or university
shall not be charged fees for arrests made pursuant to arrest
warrants originating outside of its jurisdiction.
(4) Notwithstanding subdivision (a), no fees shall be charged to a
city, special district, school district, community college district,
college, or university on parole violation arrests or
probation-ordered returns to custody, unless a new charge has been
filed for a crime committed in the jurisdiction of the arresting
city, district, college, or university.
(5) An agency making a mutual aid request shall pay fees in
accordance with subdivision (a) that result from arrests made in
response to the mutual aid request except that in the event the
Governor declares a state of emergency, no agency shall be charged
fees for any arrest made during any riot, disturbance, or event that
is subject to the declaration.
(6) Notwithstanding subdivision (a), no fees shall be charged to a
city, special district, school district, community college district,
college, or university for the arrest of a prisoner who has escaped
from a county, state, or federal detention or corrections facility.
(7) Notwithstanding subdivision (a), no fees shall be charged to a
city, special district, school district, community college district,
college, or university for arrestees held in temporary detention at
a court facility for purposes of arraignment when the arrestee has
been previously booked at an entity detention facility.
(8) Notwithstanding subdivision (a), no fees shall be charged to a
city, special district, school district, community college district,
college, or university as the result of an arrest made by its
officer assigned to a formal multiagency task force in which the
county is a participant. For the purposes of this section, "formal
task force" means a task force that has been established by written
agreement of the participating agencies.
(9) In those counties where the cities and the county participate
in a consolidated booking program and where prior to arraignment an
arrestee is transferred from a city detention facility to a county
detention facility, the city shall not be charged for those tasks
listed in subdivision (d) that are a part of the consolidated booking
program which were completed by the city prior to delivering the
arrestee to the county detention facility. However, the county may
charge the actual administrative costs for those additional tasks
listed in subdivision (d) that are performed in order to receive the
arrestee into the county detention facility. For the 2005-06 fiscal
year and each fiscal year thereafter, the county may charge up to
one-half of the actual administrative costs for those additional
tasks listed in subdivision (d) that are performed in order to
receive the arrestee into the county detention facility.
(c) Any county whose officer or agent arrests a person is entitled
to recover from the arrested person a criminal justice
administration fee for administrative costs it incurs in conjunction
with the arrest if the person is convicted of any criminal offense
related to the arrest, whether or not it is the offense for which the
person was originally booked. The fee which the county is entitled
to recover pursuant to this subdivision shall not exceed the actual
administrative costs, including applicable overhead costs incurred in
booking or otherwise processing arrested persons.
(d) When the court has been notified in a manner specified by the
court that a criminal justice administration fee is due the agency:
(1) A judgment of conviction may impose an order for payment of
the amount of the criminal justice administration fee by the
convicted person, and execution may be issued on the order in the
same manner as a judgment in a civil action, but shall not be
enforceable by contempt.
(2) The court shall, as a condition of probation, order the
convicted person, based on his or her ability to pay, to reimburse
the county for the criminal justice administration fee, including
applicable overhead costs.
(e) As used in this section, "actual administrative costs" include
only those costs for functions that are performed in order to
receive an arrestee into a county detention facility. Operating
expenses of the county jail facility including capital costs and
those costs involved in the housing, feeding, and care of inmates
shall not be included in calculating "actual administrative costs."
"Actual administrative costs" may include the cost of notifying any
local agency, special district, school district, community college
district, college or university of any change in the fee charged by a
county pursuant to this section. "Actual administrative costs" may
include any one or more of the following as related to receiving an
arrestee into the county detention facility:
(1) The searching, wristbanding, bathing, clothing,
fingerprinting, photographing, and medical and mental screening of an
arrestee.
(2) Document preparation, retrieval, updating, filing, and court
scheduling related to receiving an arrestee into the detention
facility.
(3) Warrant service, processing, and detainer.
(4) Inventory of an arrestee's money and creation of cash
accounts.
(5) Inventory and storage of an arrestee's property.
(6) Inventory, laundry, and storage of an arrestee's clothing.
(7) The classification of an arrestee.
(8) The direct costs of automated services utilized in paragraphs
(1) to (7), inclusive.
(9) Unit management and supervision of the detention function as
related to paragraphs (1) to (8), inclusive.
(f) An administrative screening fee of twenty-five dollars ($25)
shall be collected from each person arrested and released on his or
her own recognizance upon conviction of any criminal offense related
to the arrest other than an infraction. A citation processing fee in
the amount of ten dollars ($10) shall be collected from each person
cited and released by any peace officer in the field or at a jail
facility upon conviction of any criminal offense, other than an
infraction, related to the criminal offense cited in the notice to
appear. However, the court may determine a lesser fee than otherwise
provided in this subdivision upon a showing that the defendant is
unable to pay the full amount. All fees collected pursuant to this
subdivision shall be transmitted by the county auditor monthly to the
Controller for deposit in the General Fund. This subdivision applies
only to convictions occurring on or after the effective date of the
act adding this subdivision and prior to June 30, 1996.
29550.1. Any city, special district, school district, community
college district, college, university, or other local arresting
agency whose officer or agent arrests a person is entitled to recover
any criminal justice administration fee imposed by a county from the
arrested person if the person is convicted of any criminal offense
related to the arrest. A judgment of conviction shall contain an
order for payment of the amount of the criminal justice
administration fee by the convicted person, and execution shall be
issued on the order in the same manner as a judgment in a civil
action, but the order shall not be enforceable by contempt. The court
shall, as a condition of probation, order the convicted person to
reimburse the city, special district, school district, community
college district, college, university, or other local arresting
agency for the criminal justice administration fee.
29550.2. (a) Any person booked into a county jail pursuant to any
arrest by any governmental entity not specified in Section 29550 or
29550.1 is subject to a criminal justice administration fee for
administration costs incurred in conjunction with the arresting and
booking if the person is convicted of any criminal offense relating
to the arrest and booking. The fee which the county is entitled to
recover pursuant to this subdivision shall not exceed the actual
administrative costs, as defined in subdivision (c), including
applicable overhead costs as permitted by federal Circular A 87
standards, incurred in booking or otherwise processing arrested
persons. If the person has the ability to pay, a judgment of
conviction shall contain an order for payment of the amount of the
criminal justice administration fee by the convicted person, and
execution shall be issued on the order in the same manner as a
judgment in a civil action, but the order shall not be enforceable by
contempt. The court shall, as a condition of probation, order the
convicted person to reimburse the county for the criminal justice
administration fee.
(b) All fees collected by a county as provided in this section and
Section 29550, may be deposited into a special fund in that county
which shall be used exclusively for the operation, maintenance, and
construction of county jail facilities.
(c) As used in this section, "actual administrative costs" include
only those costs for functions that are performed in order to
receive an arrestee into a county detention facility. Operating
expenses of the county jail facility including capital costs and
those costs involved in the housing, feeding, and care of inmates
shall not be included in calculating "actual administrative costs."
"Actual administrative costs" may include any one or more of the
following as related to receiving an arrestee into the county
detention facility:
(1) The searching, wristbanding, bathing, clothing,
fingerprinting, photographing, and medical and mental screening of an
arrestee.
(2) Document preparation, retrieval, updating, filing, and court
scheduling related to receiving an arrestee into the detention
facility.
(3) Warrant service, processing, and detainer.
(4) Inventory of an arrestee's money and creation of cash
accounts.
(5) Inventory and storage of an arrestee's property.
(6) Inventory, laundry, and storage of an arrestee's clothing.
(7) The classification of an arrestee.
(8) The direct costs of automated services utilized in paragraphs
(1) to (7), inclusive.
(9) Unit management and supervision of the detention function as
related to paragraphs (1) to (8), inclusive.
(d) It is the Legislature's intent in providing the definition of
"actual administrative costs" for purposes of this section that this
definition be used in determining the fees for the governmental
entities referenced in subdivision (a) only. In interpreting the
phrases "actual administrative costs," "criminal justice
administration fee," "booking," or "otherwise processing" in Section
29550 or 29550.1, it is the further intent of the Legislature that
the courts shall not look to this section for guidance on what the
Legislature may have intended when it enacted those sections.
29550.3. (a) A city which books or processes persons to a jail
administered by it and which does not otherwise incur an
administrative fee from the county, may establish and collect an
administrative fee for an arrested person pursuant to the same
standards and procedures set forth in Section 29550.1.
(b) Any city whose officer or agent arrests a person is entitled
to recover from the arrested person a criminal justice administration
fee for administrative costs it incurs in conjunction with the
arrest if the person is convicted of any criminal offense related to
the arrest, whether or not it is the offense for which the person was
originally booked.
(c) Any booking fee imposed pursuant to this section shall be
charged to the person booked and not to the arresting entity.
(d) Nothing in this section shall be construed to limit the
ability of any city to enter into agreements with other local
arresting agencies authorizing the imposition of a criminal justice
administration fee by that city upon those local arresting agencies
for reimbursement of expenses incurred with respect to the booking or
other processing of persons into a jail facility operated by that
city.
29551. (a) The board of supervisors or city council of any county,
city and county, or city that opts to receive funds pursuant to
Section 29552 shall establish a local detention facility revenue
account, on behalf of the sheriff or the official responsible for
local detention facilities in the county, city and county, or city,
into which shall be deposited funds paid by the Controller, pursuant
to Section 29552. The funds in the local detention facility revenue
account shall be used exclusively for the purpose of operation,
renovation, remodeling, or constructing local detention facilities
and related equipment.
(b) (1) If an appropriation for the purposes specified in Section
29552 is made in any fiscal year, a county, city and county, or city,
may charge a jail access fee to a local agency that exceeds the
agency's three-year average number of nonfelony bookings for crimes
listed in paragraph (2) at a rate not to exceed the actual cost of
booking an arrested person into the local detention facility, for
each booking in excess of the three-year average. A local agency's
three-year average number of nonfelony bookings for crimes listed in
paragraph (2) shall be recalculated each year. The jail access fee
shall be calculated and paid on a monthly basis, and all revenue
derived from the jail access fee shall be deposited into the local
detention facility revenue account created pursuant to subdivision
(a).
(2) Bookings for violations of each of the following shall be used
to determine a local agency's three-year average:
(A) Municipal code violations.
(B) Misdemeanor violations, except driving under the influence
offenses and domestic violence misdemeanor offenses, including
enforcement of protective orders.
(c) Cities that operate Type One facilities within a county shall
be eligible to receive funds from the county's local detention
facility revenue account. Cities that operate Type One facilities and
charged booking fees pursuant to Section 29550.3 during the 2006-07
fiscal year shall receive funds in an amount proportional to the
number of persons booked into the city's Type One facility for which
the city charged fees to the arresting agency.
(d) Except as provided in subdivisions (c) to (f), inclusive, of
Section 29550 and subdivisions (a) to (c), inclusive, of Section
29550.3, every year in which at least thirty-five million dollars
($35,000,000) is appropriated for the purposes of Section 29552,
counties, cities and counties, and cities are prohibited from
collecting fees pursuant to Sections 29550 and 29550.3 from other
public entities. In any fiscal year in which the appropriation for
the purposes of Section 29552 is less than thirty-five million
dollars ($35,000,000), a county, city and county, or a city may
collect fees pursuant to Section 29550 and Section 29550.3 up to a
rate, adjusted as provided in subdivision (e), in proportion to the
amount that the amount appropriated is less than thirty-five million
dollars ($35,000,000).
(e) The maximum rate of the fee charged by each local agency
pursuant to subdivision (d) shall be the rate charged as of June 30,
2006, pursuant to Section 29550 or 29550.3, increased for each
subsequent fiscal year by the California Consumer Price Index as
reported by the Department of Finance plus 1 percent, compounded
annually.
(f) This section shall become operative on July 1, 2007.
29552. (a) (1) Commencing with the 2007-08 fiscal year, all
counties and cities and counties that charged fees pursuant to
Section 29550 and cities with Type One detention facilities that
charged fees pursuant to Section 29550.3 during the 2006-07 fiscal
year may apply to the Controller to receive funding provided pursuant
to subdivision (b) that is equal to the fee revenue received by the
county, city and county, or city during the 2006-07 fiscal year, to
the extent that funding is appropriated therefore in the annual
budget act or other appropriation legislation. If insufficient funds
are appropriated to equal the full amount of fees received in the
2006-07 fiscal year, each county, city and county and city that
applies for funding shall receive a share of the appropriated funds
proportionate to the share of fees it received in the 2006-07 fiscal
year compared to the statewide total reported to the Controller.
(2) The remaining portion of any amount appropriated for purposes
of this section shall be paid proportionally to all counties, cities
and counties, and cities based on the number of bookings within each
county during the year previous to the current payment.
(b) The Controller shall allocate the funds authorized for the
purposes of this section on a quarterly basis commencing October 1,
2009, to all eligible counties, cities and counties, and cities. Any
city, county, or city and county that applies for funding pursuant to
this section shall comply with all requests for information made by
the Controller.
29553. Commencing with the 2009-10 fiscal year, the payments
authorized by Section 29552 shall be fully funded from the Local
Safety and Protection Account in the Transportation Tax Fund
authorized by Section 10752.2 of the Revenue and Taxation Code. The
Controller shall allocate 6.26 percent of the moneys annually
deposited in the Local Safety and Protection Account for purposes of
these payments.
29550. (a) (1) Subject to subdivision (d) of Section 29551, a
county may impose a fee upon a city, special district, school
district, community college district, college, or university for
reimbursement of county expenses incurred with respect to the booking
or other processing of persons arrested by an employee of that city,
special district, school district, community college district,
college, or university, where the arrested persons are brought to the
county jail for booking or detention. The fee imposed by a county
pursuant to this section shall not exceed the actual administrative
costs, including applicable overhead costs as permitted by federal
Circular A-87 standards, as defined in subdivision (d), incurred in
booking or otherwise processing arrested persons. For the 2005-06
fiscal year and each fiscal year thereafter, the fee imposed by a
county pursuant to this subdivision shall not exceed one-half of the
actual administrative costs, including applicable overhead costs as
permitted by federal Circular A-87 standards, as defined in
subdivision (d), incurred in booking or otherwise processing arrested
persons. A county may submit an invoice to a city, special district,
school district, community college district, college, or university
for these expenses incurred by the county on and after July 1, 1990.
Counties shall fully disclose the costs allocated as federal Circular
A-87 overhead.
(2) Any increase in a fee charged pursuant to this section shall
be adopted by a county prior to the beginning of its fiscal year and
may be adopted only after the county has provided each city, special
district, school district, community college district, college, or
university 45 days written notice of a public meeting held pursuant
to Section 54952.2 on the fee increase and the county has conducted
the public meeting.
(3) Any county that imposes a fee pursuant to this section shall
negotiate a reduced fee with any city, special district, school
district, community college district, college, or university within
the county for any services that are performed by the arresting
agency in the processing of arrestees that do not have to be
duplicated by the county.
(4) This subdivision shall not apply to counties that are under a
contractual agreement with a city, special district, school district,
community college district, college, or university within the county
that is subject to the fee.
(b) The exemption of a local agency from the payment of a fee
pursuant to this subdivision does not exempt the person arrested from
the payment of fees for booking or other processing.
(1) Notwithstanding subdivision (a), a city, special district,
school district, community college district, college, or university
shall not be charged fees for arrests on any bench warrant for
failure to appear in court, nor on any arrest warrant issued in
connection with a crime not committed within the entity's
jurisdiction.
(2) Notwithstanding subdivision (a), a city, special district,
school district, community college district, college, or university
shall not be charged fees for a person who is ordered by a court to
be remanded to the county jail except that a county may charge a fee
to recover those direct costs for those functions required to book a
person pursuant to subdivision (g) of Section 853.6 of the Penal
Code.
(3) Notwithstanding subdivision (a), a city, special district,
school district, community college district, college, or university
shall not be charged fees for arrests made pursuant to arrest
warrants originating outside of its jurisdiction.
(4) Notwithstanding subdivision (a), no fees shall be charged to a
city, special district, school district, community college district,
college, or university on parole violation arrests or
probation-ordered returns to custody, unless a new charge has been
filed for a crime committed in the jurisdiction of the arresting
city, district, college, or university.
(5) An agency making a mutual aid request shall pay fees in
accordance with subdivision (a) that result from arrests made in
response to the mutual aid request except that in the event the
Governor declares a state of emergency, no agency shall be charged
fees for any arrest made during any riot, disturbance, or event that
is subject to the declaration.
(6) Notwithstanding subdivision (a), no fees shall be charged to a
city, special district, school district, community college district,
college, or university for the arrest of a prisoner who has escaped
from a county, state, or federal detention or corrections facility.
(7) Notwithstanding subdivision (a), no fees shall be charged to a
city, special district, school district, community college district,
college, or university for arrestees held in temporary detention at
a court facility for purposes of arraignment when the arrestee has
been previously booked at an entity detention facility.
(8) Notwithstanding subdivision (a), no fees shall be charged to a
city, special district, school district, community college district,
college, or university as the result of an arrest made by its
officer assigned to a formal multiagency task force in which the
county is a participant. For the purposes of this section, "formal
task force" means a task force that has been established by written
agreement of the participating agencies.
(9) In those counties where the cities and the county participate
in a consolidated booking program and where prior to arraignment an
arrestee is transferred from a city detention facility to a county
detention facility, the city shall not be charged for those tasks
listed in subdivision (d) that are a part of the consolidated booking
program which were completed by the city prior to delivering the
arrestee to the county detention facility. However, the county may
charge the actual administrative costs for those additional tasks
listed in subdivision (d) that are performed in order to receive the
arrestee into the county detention facility. For the 2005-06 fiscal
year and each fiscal year thereafter, the county may charge up to
one-half of the actual administrative costs for those additional
tasks listed in subdivision (d) that are performed in order to
receive the arrestee into the county detention facility.
(c) Any county whose officer or agent arrests a person is entitled
to recover from the arrested person a criminal justice
administration fee for administrative costs it incurs in conjunction
with the arrest if the person is convicted of any criminal offense
related to the arrest, whether or not it is the offense for which the
person was originally booked. The fee which the county is entitled
to recover pursuant to this subdivision shall not exceed the actual
administrative costs, including applicable overhead costs incurred in
booking or otherwise processing arrested persons.
(d) When the court has been notified in a manner specified by the
court that a criminal justice administration fee is due the agency:
(1) A judgment of conviction may impose an order for payment of
the amount of the criminal justice administration fee by the
convicted person, and execution may be issued on the order in the
same manner as a judgment in a civil action, but shall not be
enforceable by contempt.
(2) The court shall, as a condition of probation, order the
convicted person, based on his or her ability to pay, to reimburse
the county for the criminal justice administration fee, including
applicable overhead costs.
(e) As used in this section, "actual administrative costs" include
only those costs for functions that are performed in order to
receive an arrestee into a county detention facility. Operating
expenses of the county jail facility including capital costs and
those costs involved in the housing, feeding, and care of inmates
shall not be included in calculating "actual administrative costs."
"Actual administrative costs" may include the cost of notifying any
local agency, special district, school district, community college
district, college or university of any change in the fee charged by a
county pursuant to this section. "Actual administrative costs" may
include any one or more of the following as related to receiving an
arrestee into the county detention facility:
(1) The searching, wristbanding, bathing, clothing,
fingerprinting, photographing, and medical and mental screening of an
arrestee.
(2) Document preparation, retrieval, updating, filing, and court
scheduling related to receiving an arrestee into the detention
facility.
(3) Warrant service, processing, and detainer.
(4) Inventory of an arrestee's money and creation of cash
accounts.
(5) Inventory and storage of an arrestee's property.
(6) Inventory, laundry, and storage of an arrestee's clothing.
(7) The classification of an arrestee.
(8) The direct costs of automated services utilized in paragraphs
(1) to (7), inclusive.
(9) Unit management and supervision of the detention function as
related to paragraphs (1) to (8), inclusive.
(f) An administrative screening fee of twenty-five dollars ($25)
shall be collected from each person arrested and released on his or
her own recognizance upon conviction of any criminal offense related
to the arrest other than an infraction. A citation processing fee in
the amount of ten dollars ($10) shall be collected from each person
cited and released by any peace officer in the field or at a jail
facility upon conviction of any criminal offense, other than an
infraction, related to the criminal offense cited in the notice to
appear. However, the court may determine a lesser fee than otherwise
provided in this subdivision upon a showing that the defendant is
unable to pay the full amount. All fees collected pursuant to this
subdivision shall be transmitted by the county auditor monthly to the
Controller for deposit in the General Fund. This subdivision applies
only to convictions occurring on or after the effective date of the
act adding this subdivision and prior to June 30, 1996.
29550.1. Any city, special district, school district, community
college district, college, university, or other local arresting
agency whose officer or agent arrests a person is entitled to recover
any criminal justice administration fee imposed by a county from the
arrested person if the person is convicted of any criminal offense
related to the arrest. A judgment of conviction shall contain an
order for payment of the amount of the criminal justice
administration fee by the convicted person, and execution shall be
issued on the order in the same manner as a judgment in a civil
action, but the order shall not be enforceable by contempt. The court
shall, as a condition of probation, order the convicted person to
reimburse the city, special district, school district, community
college district, college, university, or other local arresting
agency for the criminal justice administration fee.
29550.2. (a) Any person booked into a county jail pursuant to any
arrest by any governmental entity not specified in Section 29550 or
29550.1 is subject to a criminal justice administration fee for
administration costs incurred in conjunction with the arresting and
booking if the person is convicted of any criminal offense relating
to the arrest and booking. The fee which the county is entitled to
recover pursuant to this subdivision shall not exceed the actual
administrative costs, as defined in subdivision (c), including
applicable overhead costs as permitted by federal Circular A 87
standards, incurred in booking or otherwise processing arrested
persons. If the person has the ability to pay, a judgment of
conviction shall contain an order for payment of the amount of the
criminal justice administration fee by the convicted person, and
execution shall be issued on the order in the same manner as a
judgment in a civil action, but the order shall not be enforceable by
contempt. The court shall, as a condition of probation, order the
convicted person to reimburse the county for the criminal justice
administration fee.
(b) All fees collected by a county as provided in this section and
Section 29550, may be deposited into a special fund in that county
which shall be used exclusively for the operation, maintenance, and
construction of county jail facilities.
(c) As used in this section, "actual administrative costs" include
only those costs for functions that are performed in order to
receive an arrestee into a county detention facility. Operating
expenses of the county jail facility including capital costs and
those costs involved in the housing, feeding, and care of inmates
shall not be included in calculating "actual administrative costs."
"Actual administrative costs" may include any one or more of the
following as related to receiving an arrestee into the county
detention facility:
(1) The searching, wristbanding, bathing, clothing,
fingerprinting, photographing, and medical and mental screening of an
arrestee.
(2) Document preparation, retrieval, updating, filing, and court
scheduling related to receiving an arrestee into the detention
facility.
(3) Warrant service, processing, and detainer.
(4) Inventory of an arrestee's money and creation of cash
accounts.
(5) Inventory and storage of an arrestee's property.
(6) Inventory, laundry, and storage of an arrestee's clothing.
(7) The classification of an arrestee.
(8) The direct costs of automated services utilized in paragraphs
(1) to (7), inclusive.
(9) Unit management and supervision of the detention function as
related to paragraphs (1) to (8), inclusive.
(d) It is the Legislature's intent in providing the definition of
"actual administrative costs" for purposes of this section that this
definition be used in determining the fees for the governmental
entities referenced in subdivision (a) only. In interpreting the
phrases "actual administrative costs," "criminal justice
administration fee," "booking," or "otherwise processing" in Section
29550 or 29550.1, it is the further intent of the Legislature that
the courts shall not look to this section for guidance on what the
Legislature may have intended when it enacted those sections.
29550.3. (a) A city which books or processes persons to a jail
administered by it and which does not otherwise incur an
administrative fee from the county, may establish and collect an
administrative fee for an arrested person pursuant to the same
standards and procedures set forth in Section 29550.1.
(b) Any city whose officer or agent arrests a person is entitled
to recover from the arrested person a criminal justice administration
fee for administrative costs it incurs in conjunction with the
arrest if the person is convicted of any criminal offense related to
the arrest, whether or not it is the offense for which the person was
originally booked.
(c) Any booking fee imposed pursuant to this section shall be
charged to the person booked and not to the arresting entity.
(d) Nothing in this section shall be construed to limit the
ability of any city to enter into agreements with other local
arresting agencies authorizing the imposition of a criminal justice
administration fee by that city upon those local arresting agencies
for reimbursement of expenses incurred with respect to the booking or
other processing of persons into a jail facility operated by that
city.
29551. (a) The board of supervisors or city council of any county,
city and county, or city that opts to receive funds pursuant to
Section 29552 shall establish a local detention facility revenue
account, on behalf of the sheriff or the official responsible for
local detention facilities in the county, city and county, or city,
into which shall be deposited funds paid by the Controller, pursuant
to Section 29552. The funds in the local detention facility revenue
account shall be used exclusively for the purpose of operation,
renovation, remodeling, or constructing local detention facilities
and related equipment.
(b) (1) If an appropriation for the purposes specified in Section
29552 is made in any fiscal year, a county, city and county, or city,
may charge a jail access fee to a local agency that exceeds the
agency's three-year average number of nonfelony bookings for crimes
listed in paragraph (2) at a rate not to exceed the actual cost of
booking an arrested person into the local detention facility, for
each booking in excess of the three-year average. A local agency's
three-year average number of nonfelony bookings for crimes listed in
paragraph (2) shall be recalculated each year. The jail access fee
shall be calculated and paid on a monthly basis, and all revenue
derived from the jail access fee shall be deposited into the local
detention facility revenue account created pursuant to subdivision
(a).
(2) Bookings for violations of each of the following shall be used
to determine a local agency's three-year average:
(A) Municipal code violations.
(B) Misdemeanor violations, except driving under the influence
offenses and domestic violence misdemeanor offenses, including
enforcement of protective orders.
(c) Cities that operate Type One facilities within a county shall
be eligible to receive funds from the county's local detention
facility revenue account. Cities that operate Type One facilities and
charged booking fees pursuant to Section 29550.3 during the 2006-07
fiscal year shall receive funds in an amount proportional to the
number of persons booked into the city's Type One facility for which
the city charged fees to the arresting agency.
(d) Except as provided in subdivisions (c) to (f), inclusive, of
Section 29550 and subdivisions (a) to (c), inclusive, of Section
29550.3, every year in which at least thirty-five million dollars
($35,000,000) is appropriated for the purposes of Section 29552,
counties, cities and counties, and cities are prohibited from
collecting fees pursuant to Sections 29550 and 29550.3 from other
public entities. In any fiscal year in which the appropriation for
the purposes of Section 29552 is less than thirty-five million
dollars ($35,000,000), a county, city and county, or a city may
collect fees pursuant to Section 29550 and Section 29550.3 up to a
rate, adjusted as provided in subdivision (e), in proportion to the
amount that the amount appropriated is less than thirty-five million
dollars ($35,000,000).
(e) The maximum rate of the fee charged by each local agency
pursuant to subdivision (d) shall be the rate charged as of June 30,
2006, pursuant to Section 29550 or 29550.3, increased for each
subsequent fiscal year by the California Consumer Price Index as
reported by the Department of Finance plus 1 percent, compounded
annually.
(f) This section shall become operative on July 1, 2007.
29552. (a) (1) Commencing with the 2007-08 fiscal year, all
counties and cities and counties that charged fees pursuant to
Section 29550 and cities with Type One detention facilities that
charged fees pursuant to Section 29550.3 during the 2006-07 fiscal
year may apply to the Controller to receive funding provided pursuant
to subdivision (b) that is equal to the fee revenue received by the
county, city and county, or city during the 2006-07 fiscal year, to
the extent that funding is appropriated therefore in the annual
budget act or other appropriation legislation. If insufficient funds
are appropriated to equal the full amount of fees received in the
2006-07 fiscal year, each county, city and county and city that
applies for funding shall receive a share of the appropriated funds
proportionate to the share of fees it received in the 2006-07 fiscal
year compared to the statewide total reported to the Controller.
(2) The remaining portion of any amount appropriated for purposes
of this section shall be paid proportionally to all counties, cities
and counties, and cities based on the number of bookings within each
county during the year previous to the current payment.
(b) The Controller shall allocate the funds authorized for the
purposes of this section on a quarterly basis commencing October 1,
2009, to all eligible counties, cities and counties, and cities. Any
city, county, or city and county that applies for funding pursuant to
this section shall comply with all requests for information made by
the Controller.
29553. Commencing with the 2009-10 fiscal year, the payments
authorized by Section 29552 shall be fully funded from the Local
Safety and Protection Account in the Transportation Tax Fund
authorized by Section 10752.2 of the Revenue and Taxation Code. The
Controller shall allocate 6.26 percent of the moneys annually
deposited in the Local Safety and Protection Account for purposes of
these payments.
