HomeMy WebLinkAboutMINUTES - 05122009 - SD.3RECOMMENDATION(S):
SUPPORT Senate Bill 676 (Wolk), a bill that would increase or eliminate the maximum
amount for various fees a county, city or court may charge for specified services, as
recommended by the County Administrator.
FISCAL IMPACT:
The amount in fees that a County, City, or Court may charge for various services would be
increased or the maximum amount that can be charged eliminated so that actual costs of the
services could be collected.
Unknown fiscal impact on Contra Costa County.
BACKGROUND:
County boards of supervisors can levy authorized fees or charges in amounts reasonably
necessary to recover the costs of providing products or services or the cost of enforcing
regulations. (AB 151, Hannigan, 1983). The fees or charges may reflect the average cost of
providing products or services or enforcing regulations, plus limited indirect costs.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/12/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: L. DeLaney, 5-1097
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: May 12, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Katherine Sinclair, Deputy
cc:
SD. 3
To:Board of Supervisors
From:David Twa, County Administrator
Date:May 12, 2009
Contra
Costa
County
Subject:SUPPORT POSITION for SB 676 (Wolk): Local Fees
Despite generally deregulating county fees 25 years ago, state law still sets a large number
of fees, including civil fees, county recorder fees, and fees charged by agricultural
commissioners. It has been decades since some of the statutory limits for these fees have
been updated.
BACKGROUND: (CONT'D)
Proposed Law
Senate Bill 676 increases or eliminates the statutory limits on 14 fees:
I. Federal lien certificates. Existing law allows county recorders to impose fees of up to
$15 to cover the costs of furnishing a copy of any notice of federal lien, or notice or
certificate affecting a federal lien. The $15 maximum has not changed since 1983 (SB
1250, Russell, 1982).
Senate Bill 676 deletes the $15 limit, allowing county recorders to set the fee in an
amount that covers actual costs.
II. Environmental Quality Act filings . Existing law allows county clerks to charge a $50
per filing documentary handling fee for specified filings under the California
Environmental Quality Act. The $50 amount was set in 2007 (SB 1535, Kuehl, 2006).
Senate Bill 676 deletes the $50 amount and allows county clerks to charge a
documentary handling fee to reimburse the county for the actual costs of services
rendered.
III. Recorded documents. Existing law allows county recorders to charge a filing fee for
recording and indexing every instrument, paper, or notice required or permitted by law to
be recorded. The maximum charge is $4 for the recording of the first page and $3 for
each additional page, with the ability to charge additional fees as specified. The $4
maximum has not changed since 1985 (SB 2277, McCorquodale, 1984). Senate Bill 676
increases the maximum charge for the recording of the first page of a document from $4
to $10.
IV. Documents requiring additional indexing . Whenever any instrument, paper, or notice
is recorded which contains references to more than one previously recorded document
and which requires additional indexing by the county recorder to give notice required by
law, existing law allows the recorder to charge an additional $1 fee for each reference to
a previously recorded document, other than the first such reference, requiring additional
indexing. The $1 amount has not changed since 1970 (SB 54, Collier, 1969). Senate Bill
676 deletes the $1 amount, allowing county recorders to charge a fee to reimburse the
county for the actual costs of services rendered.
V. Documents requiring additional indexing. Whenever any instrument, paper or notice
is recorded which requires additional indexing by the county recorder to give notice
required by law and does not refer to a previously recorded document by reference,
existing law allows the county recorder to charge an additional $1 fee for each group of
10 names, or fractional portion thereof, after the initial group of 10 names. The $1
amount has not changed since 1981 (SB 1940, Stiern, 1980). Senate Bill 676 deletes the
$1 amount, allowing county recorders to charge a fee to reimburse the county for the
$1 amount, allowing county recorders to charge a fee to reimburse the county for the
actual costs of services rendered.
VI. Court-appointed counsel. Existing law allows a county board of supervisors to assess
a registration fee of up to $25 on every defendant represented by appointed counsel.
No fee is required of any defendant who is financially unable to pay. The $25 maximum
has not changed since 1997 (SB 251, Ayala, 1996). Senate Bill 676 increases the
maximum amount of the fee from $25 to $50.
VII. Restitution. If a court orders that restitution be made to a crime victim, a county
board of supervisors may add a fee to cover the actual administrative cost of collecting
restitution, not to exceed 10% of the total amount ordered to be paid. The fees are paid
into the county general fund. The 10% maximum has not changed since 1986 (SB 737,
Royce, 1985). Senate Bill 676 increases the maximum fee to cover the costs of collecting
restitution from 10% to 15% of the total amount ordered to be paid.
VIII. County probation department payments. Existing law requires some defendants to
pay for the reasonable cost of any probation supervision or a conditional sentence, of
conducting any pre-plea investigation and preparing of any pre-plea report, of conducting
any pre-sentence investigation and preparing any pre-sentence report and of processing a
jurisdictional transfer or of processing a request for interstate compact supervision. A
county board of supervisors may establish a fee of up to $50 to cover the administrative
and clerical costs of collecting the defendants' payments. The $50 maximum has not
changed since 1996 (AB 594, Boland, 1995). Senate Bill 676 deletes the $50 maximum,
allowing counties to charge fees to cover the administrative and clerical costs of
collecting the defendants' payments.
IX. Change of plea, setting aside of a verdict . Under existing law, a person who petitions
for a change of plea or setting aside of a verdict may be required to reimburse the court,
the county, and the city for the actual costs of services rendered, whether or not the
petition is granted and the records are sealed or expunged. The court, the county board of
supervisors, and the city may determine a rate of up to $120 to reimburse the actual costs.
The $120 maximum has not been changed since 1995 (AB 1327, Epple, 1994). Senate
Bill 676 deletes the $120 maximum, allowing courts, counties, and cities to require
reimbursement for the actual costs of services rendered.
X. Sealing of records. Under existing law, a person who was convicted of a misdemeanor
when he or she was a minor at the time of the offense and who petitions for an order
sealing his or her record may be required to reimburse the court, the county, and the city
for the actual costs of services rendered, whether or not the petition is granted and the
records are sealed or expunged. The court, the county board of supervisors, and the city
may determine a rate of up to $120 to reimburse the actual costs. The $120 maximum has
not changed since 1995 (AB 1327, Epple, 1994).
Senate Bill 676 deletes the $120 maximum, allowing courts, counties, and cities to
require reimbursement for the actual costs of services rendered.
XI. Installment payments. Under existing law, a person who is convicted of a
misdemeanor and required to pay a fine may pay the fine in specified installments. A
board of supervisors may require defendants to pay to the clerk of the court or the
collecting agency a fee of up to $35 to pay for the administrative and clerical costs of
processing installment accounts. The $35 maximum has not changed since 1993 (AB
2409, Isenberg, 1992). Senate Bill 676 deletes the $35 maximum, allowing a board of
supervisors to require a fee sufficient to pay for the administrative and clerical costs of
processing installment accounts.
XII. Fingerprinting. Existing law allows a local agency taking fingerprints of a person
who is an applicant for licensing, employment, or certification to charge up to $10 to
cover the cost of taking the fingerprints and processing the required documents. The $10
maximum has not changed since 1987 (AB 4375, Stirling, 1986). Senate Bill 676 deletes
the $10 maximum, allowing local agencies to charge a fee sufficient to cover the cost of
taking the fingerprints and processing the required documents.
XIII. Support of a minor. Existing law requires that the father, mother, spouse, or other
person liable for the support of a minor be liable for the reasonable costs of support of
the minor while the minor is placed, detained in, or committed to any institution because
of delinquency or truancy. Costs of support mean only actual costs incurred by the
county for food and food preparation, clothing, personal supplies, and medical expenses,
not to exceed a combined maximum of costs of $15 per day except that the maximum
cost of $15 per day must be adjusted every third year beginning January 1, 1998 to reflect
the percentage change in the calendar year annual average of the California Consumer
Price Index, All Urban Consumers, published by the Department of Industrial Relations,
for the three-year period. The $15 maximum has not changed since 1985 (AB 2379, Sher,
1984). Senate Bill 676 increases the maximum cost to $45 per day, adjusted every third
year.
XIV. Sealing of juvenile records. Existing law allows counties and courts to require
specified people to reimburse them up to $120 for the costs of services rendered for any
investigation related to the sealing and for the sealing of any juvenile court or arrest
records, whether or not the petition is granted and the records are sealed or expunged.
The $120 maximum has not changed since 1995 (AB 1327, Epple, 1994). Senate Bill
676 deletes the maximum, allowing counties and courts to require reimbursement for the
full costs of services rendered.
Senate Bill 676 also deletes statutory cross-references to statutes in which the bill
proposes to delete limits on fees, thereby allowing the fees to be set pursuant to the
general authorization for counties to recover the cost of providing any product or service
or the cost of enforcing any regulation for which a fee or charge is levied. [ 6]
or the cost of enforcing any regulation for which a fee or charge is levied. [ 6]
Comments
1. Protecting taxpayers. As costs rise and the demand for services grows, the county fees
that are capped by state law no longer cover the real costs of providing the service. When
fees don't generate enough money to pay for services, counties' general funds must pay
the difference.
County taxpayers have to subsidize the users of these county services. Programs that
depend on money from counties' general funds, like law enforcement and libraries, suffer
the fiscal consequences. SB 676 does not allow county supervisors to charge new fees. It
simply lets county governments charge the people who use county services fees that
reflect the actual costs of providing those services.
2. Why stop there ? The fees that SB 676 adjusts are only a small portion of the county
fees that state law continues to be limit. For example, the Legislature has excluded
court-related fees, fees charged by a county agricultural commissioner, fees collected by
a county sealer of weights and measures, and fees charged by a county recorder from the
deregulation enacted by the 1983 Hannigan bill. These exemptions guarantee that county
taxpayers subsidize the operations of these select government entities. Why should
applicants for public employment pay the full cost for conducting fingerprint background
checks, while taxpayers subsidize the cost of getting grocery store scales tested and
inspected? The Committee may wish to consider whether the Legislature should
completely deregulate county fees by repealing all of the specific statutory rates.
3. Double referral. Because SB 676 affects fees for court-appointed counsel, criminal
records, fines, and other related topics, the Senate Rules Committee ordered a
double-referral of the bill, first to the Senate Public Safety Committee and then to the
Senate Local Government Committee. The Public Safety committee passed SB 676 at its
April 21 hearing by a 5-2 vote.
Support: Yolo County; Santa Clara County; Humboldt County; California Public
Defenders Association; California State Association of Counties (CSAC), and the
Sacramento County Deputy Sheriffs' Association.
Opposition: California Association of Realtors
Status: Passed out of Senate Committee on Public Safety on 4/21/09. To Senate Local
Government Committee on 5/6/09.
Bill analysis from the Senate Local Government Committee consultant, 5/6/09.
ATTACHMENTS
Bill Text SB 676
AMENDED IN SENATE APRIL 13, 2009
SENATE BILL No. 676
Introduced by Senator Wolk
February 27, 2009
An act to amend Section 987.5 2103 of the Code of Civil Procedure,
to amend Section 711.4 of the Fish and Game Code, to amend Sections
27361, 27361.2, 27361.8, and 54985 of the Government Code, to amend
Sections 987.5, 1203.1, 1203.1b, 1203.4, 1203.45, 1205, and 13300 of
the Penal Code, relating to courts and to amend Sections 903 and 903.3
of the Welfare and Institutions Code, relating to local fees.
legislative counsel’s digest
SB 676, as amended, Wolk.Court-appointed counsel: defendant
registration fees. Local fees.
(1) Existing law, the Uniform Federal Lien Registration Act, governs
the filing of notices of liens, certificates, and other notices affecting
federal tax liens or other federal liens. The act requires a filing officer
to issue, upon request, a certificate showing whether there is on file
any notice of a federal lien or certificate or notice affecting any federal
lien filed pursuant to the act or as specified. If the filing officer is a
county recorder, the fee set by the filing officer may not exceed $15 for
a certificate for each name searched.
This bill would delete the limitation on the fee that may be charged
by a county recorder acting as a filing officer for purposes of the act.
(2) Existing law requires the Department of Fish and Game to impose
and collect a fee for specified purposes, to defray the costs of managing
and protecting fish and wildlife trust resources and authorizes the
county clerk to charge a documentary handling fee of $50 per filling,
in addition to the fees charged by the department.
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This bill instead authorizes the county clerk to charge a fee per filing
to reimburse the county for the actual costs of services rendered in
addition to the fees charged by the department.
(3) Existing law authorizes the county recorder of each county to
charge a fee of $4 for the first page and $3 for each additional page
for recording and indexing every instrument, paper, or notice required
or permitted to be recorded, as specified.
This bill would increase the fee for the first page to $10, and would
make other conforming changes.
(4) Existing law authorizes the county recorder to charge an
additional fee of $1 per additional reference whenever any instrument,
paper, or notice is recorded that contains references to more than one
previously recorded document, and which requires additional indexing
by the county recorder to give notice by law, as specified.
This bill would instead authorize the county recorder to charge an
additional fee to reimburse the county for the actual costs of the services
rendered, and would make other conforming changes.
Under
(5) Under existing law, every defendant, when represented by
appointed counsel, is required to be assessed a registration fee not to
exceed $25, but the fee is not required of any defendant that is
financially unable to pay it. Under existing law, these provisions are
operative in a county only upon the adoption of a resolution by the
board of supervisors electing to establish the registration fee.
This bill would increase the maximum amount for that registration
fee to $50.
(6) Existing law limits the fees that a court, county, or city, as
applicable, may charge for various costs related to the judgment and
execution of criminal matters, including certain administrative costs,
costs related to collecting restitution or to probation supervision, certain
costs of conducting a criminal investigation, and costs related to
providing specified court services, such as a petition for changing a
plea or for an order sealing a record. Existing law also limits the fee
that a local agency may charge for taking fingerprints for licensing,
employment, or certification to an amount not to exceed $10.
This bill would increase the maximum fee for administrative costs of
collecting restitution from 10% to 15%, and for other fees would delete
those limits on the maximum fees that may be charged for providing
those services pursuant to those provisions, as specified.
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(7) Existing law authorizes a county to levy charges for the
reasonable costs of support of a minor against the father, mother,
spouse, or other person, while the minor is placed, or detained in, or
committed to, any institution or other place, or pursuant to an order of
the juvenile court. Existing law limits the costs of support to actual
costs incurred by the county for food and food preparation, clothing,
personal supplies, and medical expenses, not to exceed a maximum cost
of $15 per day, except that the cost may be adjusted every 3rd year to
reflect the percentage change in the calendar year annual average of
the California Consumer Price Index, as specified.
This bill would increase that amount to $45 per day.
(8) Existing law authorizes the county board of supervisors or the
court, as the case may be, to require reimbursement for the actual cost
of services rendered for a petition to seal or expunge a criminal record
of a minor, not to exceed $120.
This bill would remove the $120 limit.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
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SECTION 1.Section 2103 of the Code of Civil Procedure is
amended to read:
2103.(a) If a notice of federal lien, a refiling of a notice of
federal lien, or a notice of revocation of any certificate described
in subdivision (b) is presented to a filing officer who is:
(1) The Secretary of State, he or she shall cause the notice to
be marked, held, and indexed in accordance with the provisions
of Sections 9515, 9516, and 9522 of the Commercial Code as if
the notice were a financing statement within the meaning of that
code; or
(2) A county recorder, he or she shall accept for filing, file for
record in the manner set forth in Section 27320 of the Government
Code, and index the document by the name of the person against
whose interest the lien applies in the general index.
(b) If a certificate of release, nonattachment, discharge, or
subordination of any lien is presented to the Secretary of State for
filing he or she shall:
(1) Cause a certificate of release or nonattachment to be marked,
held, and indexed as if the certificate were a termination statement
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within the meaning of the Commercial Code, but the notice of lien
to which the certificate relates may not be removed from the files;
and
(2) Cause a certificate of discharge or subordination to be
marked, held, and indexed as if the certificate were a release of
collateral within the meaning of the Commercial Code.
(c) If a refiled notice of federal lien referred to in subdivision
(a) or any of the certificates or notices referred to in subdivision
(b) is presented for filing to a county recorder, he or she shall
accept for filing, file for record in the manner set forth in Section
27320 of the Government Code, and index the document by the
name of the person against whose interest the lien applies in the
general index.
(d) Upon request of any person, the filing officer shall issue his
or her certificate showing whether there is on file, on the date and
hour stated therein, any notice of lien or certificate or notice
affecting any lien filed after January 1, 1968, under this title or
former Chapter 14 (commencing with Section 7200) of Division
7 of Title 1 of the Government Code, naming a particular person,
and if a notice or certificate is on file, giving the date and hour of
filing of each notice or certificate. Upon request, the filing officer
shall furnish a copy of any notice of federal lien, or notice or
certificate affecting a federal lien. If the filing officer is a county
recorder, the fee for a certificate for each name searched shall be
set by the filing officer in an amount that covers actual costs, but
that, in no event, exceeds fifteen dollars ($15), and the fee for
copies shall be in accordance with Section 27366 of the
Government Code. If the filing officer is the Secretary of State,
the certificate shall be issued as part of a combined certificate
pursuant to Section 9528 of the Commercial Code, and the fee for
the certificate and copies shall be in accordance with that section.
SEC. 2.Section 711.4 of the Fish and Game Code is amended
to read:
711.4.(a) The department shall impose and collect a filing fee
in the amount prescribed in subdivision (d) to defray the costs of
managing and protecting fish and wildlife trust resources,
including, but not limited to, consulting with other public agencies,
reviewing environmental documents, recommending mitigation
measures, developing monitoring requirements for purposes of the
California Environmental Quality Act (Division 13 (commencing
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with Section 21000) of the Public Resources Code), consulting
pursuant to Section 21104.2 of the Public Resources Code, and
other activities protecting those trust resources identified in the
review pursuant to the California Environmental Quality Act.
(b) The filing fees shall be proportional to the cost incurred by
the department and shall be annually reviewed and adjustments
recommended to the Legislature in an amount necessary to pay
the full costs of department programs as specified. The department
shall annually adjust the fees pursuant to Section 713.
(c) (1) All project applicants and public agencies subject to the
California Environmental Quality Act shall pay a filing fee for
each proposed project, as specified in subdivision (d).
(2) Notwithstanding paragraph (1), a filing fee shall not be paid
pursuant to this section if any of the following conditions exist:
(A) The project has no effect on fish and wildlife.
(B) The project is being undertaken by the department.
(C) The project costs are payable by the department from any
of the following sources that are held by the department:
(i) The Public Resources Account in the Cigarette and Tobacco
Products Surtax Fund.
(ii) The California Wildlife, Coastal, and Park Land
Conservation Fund of 1988.
(iii) The Habitat Conservation Fund.
(iv) The Fisheries Restoration Account in the Fish and Game
Preservation Fund.
(v) The Commercial Salmon Stamp Account in the Fish and
Game Preservation Fund.
(vi) Striped bass stamp funds collected pursuant to Section 7360.
(vii) The California Ocean Resource Enhancement Account.
(D) The project is implemented by the department through a
contract with either a nonprofit entity or a local government
agency.
(3) Filing fees shall be paid at the time and in the amount
specified in subdivision (d). Notwithstanding Sections 21080.5
and 21081 of the Public Resources Code, a project shall not be
operative, vested, or final, and local government permits for the
project shall not be valid, until the filing fees required pursuant to
this section are paid.
(d) The fees shall be in the following amounts:
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(1) For a project that is statutorily or categorically exempt from
the California Environmental Quality Act, including those certified
regulatory programs that incorporate statutory and categorical
exemptions, a filing fee shall not be paid.
(2) For a project for which a negative declaration is prepared
pursuant to subdivision (c) of Section 21080 of the Public
Resources Code, the filing fee is one thousand eight hundred
dollars ($1,800). A local agency collecting the filing fee shall remit
the fee to the county clerk at the time of filing a notice of
determination pursuant to Section 21152 of the Public Resources
Code. A state agency collecting the filing fee shall remit the fee
to the Office of Planning and Research at the time of filing a notice
of determination pursuant to Section 21108 of the Public Resources
Code.
(3) For a project with an environmental impact report prepared
pursuant to the California Environmental Quality Act, the filing
fee is two thousand five hundred dollars ($2,500). A local agency
collecting the filing fee shall remit the fee to the county clerk at
the time of filing a notice of determination pursuant to Section
21152 of the Public Resources Code. A state agency collecting
the filing fee shall remit the fee to the Office of Planning and
Research at the time of filing a notice of determination pursuant
to Section 21108 of the Public Resources Code.
(4) For a project that is subject to a certified regulatory program
pursuant to Section 21080.5 of the Public Resources Code, the
filing fee is eight hundred fifty dollars ($850). The filing fee shall
be paid to the department before the filing of the notice of
determination pursuant to Section 21080.5 of the Public Resources
Code.
(e) The county clerk may charge a documentary handling fee
of fifty dollars ($50) per filing to reimburse the county for the
actual costs of services rendered, in addition to the filing fee
specified in subdivision (d).
(1) The county clerk of each county and the Office of Planning
and Research shall maintain a record, both electronic and in paper,
of all environmental documents received. The record shall include,
for each environmental document received, the name of each
applicant or lead agency, the document filing number, the project
name as approved by the lead agency, and the filing date. The
record shall be made available for examination or audit by
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authorized personnel of the department during normal business
hours.
(2) The filing fee imposed and collected pursuant to subdivision
(d) shall be remitted monthly to the department within 30 days
after the end of each month. The remittance shall be accompanied
with the information required pursuant to paragraph (1). The
amount of fees due shall be reported on forms prescribed and
provided by the department.
(3) The department shall assess a penalty of 10 percent of the
amount of fees due for a failure to remit the amount payable when
due. The department may pursue collection of delinquent fees
through the Controller’s office pursuant to Section 12419.5 of the
Government Code.
(f) Notwithstanding Section 12000, failure to pay the fee under
subdivision (d) is not a misdemeanor. All unpaid fees are a
statutory assessment subject to collection under procedures as
provided in the Revenue and Taxation Code.
(g) Only one filing fee shall be paid for each project unless the
project is tiered or phased, or separate environmental documents
are required.
(h) This section does not preclude or modify the duty of the
department to recommend, require, permit, or engage in mitigation
activities pursuant to the California Environmental Quality Act.
(i) The permit process of the California Coastal Commission,
as certified by the Secretary of the Resources Agency, is exempt
from the payment of the filing fees prescribed by paragraph (4) of
subdivision (d) insofar as the permits are issued under any of the
following regulations:
(1) Subchapter 4 (commencing with Section 13136) of Chapter
5 of Division 5.5 of Title 14 of the California Code of Regulations.
(2) Subchapter 1 (commencing with Section 13200), Subchapter
3 (commencing with Section 13213), Subchapter 3.5 (commencing
with Section 13214), Subchapter 4 (commencing with Section
13215), Subchapter 4.5 (commencing with Section 13238),
Subchapter 5 (commencing with Section 13240), Subchapter 6
(commencing with Section 13250), and Subchapter 8 (commencing
with Section 13255.0) of Chapter 6 of Division 5.5 of Title 14 of
the California Code of Regulations.
SEC. 3.Section 27361 of the Government Code is amended to
read:
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27361.(a) The fee for recording and indexing every
instrument, paper, or notice required or permitted by law to be
recorded is four dollars ($4) ten dollars ($10) for recording the
first page and three dollars ($3) for each additional page, except
the recorder may charge additional fees as follows:
(1) If the printing on printed forms is spaced more than nine
lines per vertical inch or more than 22 characters and spaces per
inch measured horizontally for not less than three inches in one
sentence, the recorder shall charge one dollar ($1) extra for each
page or sheet on which printing appears, except, however, the extra
charge shall not apply to printed words which are directive or
explanatory in nature for completion of the form or on vital
statistics forms. Fees collected under this paragraph are not subject
to subdivision (b) or (c).
(2) If a page or sheet does not conform with the dimensions
described in subdivision (a) of Section 27361.5, the recorder shall
charge three dollars ($3) extra per page or sheet of the document.
The funds generated by the extra charge authorized under this
paragraph shall be available solely to support, maintain, improve,
and provide for the full operation for modernized creation,
retention, and retrieval of information in each county’s system of
recorded documents. Fees collected under this paragraph are not
subject to subdivision (b) or (c).
(b) One dollar ($1) of each three dollar ($3) fee for each
additional page shall be deposited in the county general fund.
(c) Notwithstanding Section 68085, one dollar ($1) for recording
the first page and one dollar ($1) for each additional page shall be
available solely to support, maintain, improve, and provide for the
full operation for modernized creation, retention, and retrieval of
information in each county’s system of recorded documents.
(d) (1) In addition to all other fees authorized by this section,
a county recorder may charge a fee of one dollar ($1) for recording
the first page of every instrument, paper, or notice required or
permitted by law to be recorded, as authorized by each county’s
board of supervisors. The funds generated by this fee shall be used
only by the county recorder collecting the fee for the purpose of
implementing a social security number truncation program pursuant
to Article 3.5 (commencing with Section 27300).
(2) A county recorder shall not charge the fee described in
paragraph (1) after December 31, 2017, unless the county recorder
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has received reauthorization by the county’s board of supervisors.
A county recorder shall not seek reauthorization of the fee by the
board before June 1, 2017, or after December 31, 2017. In
determining the additional period of authorization, the board shall
consider the review described in paragraph (4).
(3) Notwithstanding paragraph (2), a county recorder who,
pursuant to subdivision (c) of Section 27304, secures a revenue
anticipation loan, or other outside source of funding, for the
implementation of a social security number truncation program,
may be authorized to charge the fee described in paragraph (1) for
a period not to exceed the term of repayment of the loan or other
outside source of funding.
(4) A county board of supervisors that authorizes the fee
described in this subdivision shall require the county auditor to
conduct two reviews to verify that the funds generated by this fee
are used only for the purpose of the program, as described in Article
3.5 (commencing with Section 27300) and for conducting these
reviews. The reviews shall state the progress of the county recorder
in truncating recorded documents pursuant to subdivision (a) of
Section 27301, and shall estimate any ongoing costs to the county
recorder of complying with subdivisions (a) and (b) of Section
27301. The board shall require that the first review be completed
not before June 1, 2012, or after December 31, 2013, and that the
second review be completed not before June 1, 2017, or after
December 31, 2017. The reviews shall adhere to generally accepted
accounting standards, and the review results shall be made available
to the public.
SEC. 4.Section 27361.2 of the Government Code is amended
to read:
27361.2.Whenever any instrument, paper, or notice is recorded
which contains references to more than one previously recorded
document and which requires additional indexing by the county
recorder to give notice required by law, an additional fee of one
dollar ($1) shall be charged to reimburse the county for the actual
costs of services rendered, for each reference to a previously
recorded document, other than the first such reference, requiring
additional indexing. References to group mining claims listed on
a proof of labor shall be considered as only one reference when
they are consecutively numbered or lettered alphabetically, and
each break in consecutive numbers or letters shall be considered
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as an additional mine for fee purposes under this section and shall
be so indexed in the index.
SEC. 5.Section 27361.8 of the Government Code is amended
to read:
27361.8.Whenever any instrument, paper, or notice is recorded
which requires additional indexing by the county recorder to give
notice required by law and does not refer to a previously recorded
document by reference, as covered in Section 27361.2, an
additional fee of one dollar ($1) shall be charged to reimburse the
county for the actual costs of services rendered, for each group of
10 names or fractional portion thereof after the initial group of 10
names.
SEC. 6.Section 54985 of the Government Code is amended to
read:
54985.(a) Notwithstanding any other provision of law that
prescribes an amount or otherwise limits the amount of a fee or
charge that may be levied by a county, a county service area, or a
county waterworks district governed by a county board of
supervisors, a county board of supervisors shall have the authority
to increase or decrease the fee or charge, that is otherwise
authorized to be levied by another provision of law, in the amount
reasonably necessary to recover the cost of providing any product
or service or the cost of enforcing any regulation for which the fee
or charge is levied. The fee or charge may reflect the average cost
of providing any product or service or enforcing any regulation.
Indirect costs that may be reflected in the cost of providing any
product or service or the cost of enforcing any regulation shall be
limited to those items that are included in the federal Office of
Management and Budget Circular A-87 on January 1, 1984.
(b) If any person disputes whether a fee or charge levied
pursuant to subdivision (a) is reasonable, the board of supervisors
may request the county auditor to conduct a study and to determine
whether the fee or charge is reasonable.
Nothing in this subdivision shall be construed to mean that the
county shall not continue to be subject to fee review procedures
required by Article XIII B of the California Constitution.
(c) This chapter shall not apply to any of the following:
(1) Any fee charged or collected by a court clerk pursuant to
Chapter 5.5 (commencing with Section 116.110) of Title 1 of Part
1 of the Code of Civil Procedure, Title 8 (commencing with Section
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68070) of the Government Code, or Section 103470 of the Health
and Safety Code, or any other fee or charge that may be assessed,
charged, collected, or levied pursuant to law for filing judicial
documents or for other judicial functions.
(2) Any fees charged or collected pursuant to Chapter 2
(commencing with Section 6100) of Division 7 of Title 1.
(3) Any standby or availability assessment or charge.
(4) Any fee charged or collected by a county agricultural
commissioner.
(5) Any fee charged or collected pursuant to Article 2.1
(commencing with Section 12240) of Chapter 2 of Division 5 of
the Business and Professions Code.
(6) Any fee charged or collected by a county recorder or local
registrar for filing, recording, or indexing any document,
performing any service, issuing any certificate, or providing a copy
of any document pursuant to Section 2103 of the Code of Civil
Procedure, Section 27361, 27361.1, 27361.2, 27361.3, 27361.4,
27361.8, 27364, 27365, or 27366 of the Government Code, Section
103625 of the Health and Safety Code, or Section 9525 of the
Commercial Code.
(7) Any fee charged or collected pursuant to Article 7
(commencing with Section 26720) of Chapter 2 of Part 3 of
Division 2 of Title 3 of the Government Code.
SECTION 1.
SEC. 7.Section 987.5 of the Penal Code is amended to read:
987.5.(a) Every defendant shall be assessed a registration fee
not to exceed fifty dollars ($50) when represented by appointed
counsel. Notwithstanding this subdivision, no fee shall be required
of any defendant that is financially unable to pay the fee.
(b) At the time of appointment of counsel by the court, or upon
commencement of representation by the public defender, if prior
to court appointment, the defendant shall be asked if he or she is
financially able to pay the registration fee or any portion thereof.
If the defendant indicates that he or she is able to pay the fee or a
portion thereof, the court or public defender shall make an
assessment in accordance with ability to pay. No fee shall be
assessed against any defendant who asserts that he or she is unable
to pay the fee or any portion thereof. No other inquiry concerning
the defendant’s ability to pay shall be made until proceedings are
held pursuant to Section 987.8.
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(c) No defendant shall be denied the assistance of appointed
counsel due solely to a failure to pay the registration fee. An order
to pay the registration fee may be enforced in the manner provided
for enforcement of civil judgments generally, but may not be
enforced by contempt.
(d) The fact that a defendant has or has not been assessed a fee
pursuant to this section shall have no effect in any later proceedings
held pursuant to Section 987.8, except that the defendant shall be
given credit for any amounts paid as a registration fee toward any
lien or assessment imposed pursuant to Section 987.8.
(e) This section shall be operative in a county only upon the
adoption of a resolution or ordinance by the board of supervisors
electing to establish the registration fee and setting forth the manner
in which the funds shall be collected and distributed. Collection
procedures, accounting measures, and the distribution of the funds
received pursuant to this section shall be within the discretion of
the board of supervisors.
SEC. 8.Section 1203.1 of the Penal Code is amended to read:
1203.1.(a) The court, or judge thereof, in the order granting
probation, may suspend the imposing or the execution of the
sentence and may direct that the suspension may continue for a
period of time not exceeding the maximum possible term of the
sentence, except as hereinafter set forth, and upon those terms and
conditions as it shall determine. The court, or judge thereof, in the
order granting probation and as a condition thereof, may imprison
the defendant in a county jail for a period not exceeding the
maximum time fixed by law in the case.
However, where the maximum possible term of the sentence is
five years or less, then the period of suspension of imposition or
execution of sentence may, in the discretion of the court, continue
for not over five years. The following shall apply to this
subdivision:
(1) The court may fine the defendant in a sum not to exceed the
maximum fine provided by law in the case.
(2) The court may, in connection with granting probation,
impose either imprisonment in a county jail or a fine, both, or
neither.
(3) The court shall provide for restitution in proper cases. The
restitution order shall be fully enforceable as a civil judgment
forthwith and in accordance with Section 1202.4 of the Penal Code.
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(4) The court may require bonds for the faithful observance and
performance of any or all of the conditions of probation.
(b) The court shall consider whether the defendant as a condition
of probation shall make restitution to the victim or the Restitution
Fund. Any restitution payment received by a probation department
in the form of cash or money order shall be forwarded to the victim
within 30 days from the date the payment is received by the
department. Any restitution payment received by a probation
department in the form of a check or draft shall be forwarded to
the victim within 45 days from the date the payment is received
by the department, provided, that payment need not be forwarded
to a victim until 180 days from the date the first payment is
received, if the restitution payments for that victim received by
the probation department total less than fifty dollars ($50). In cases
where the court has ordered the defendant to pay restitution to
multiple victims and where the administrative cost of disbursing
restitution payments to multiple victims involves a significant cost,
any restitution payment received by a probation department shall
be forwarded to multiple victims when it is cost-effective to do
so, but in no event shall restitution disbursements be delayed
beyond 180 days from the date the payment is received by the
probation department.
(c) In counties or cities and counties where road camps, farms,
or other public work is available the court may place the
probationer in the road camp, farm, or other public work instead
of in jail. In this case, Section 25359 of the Government Code shall
apply to probation and the court shall have the same power to
require adult probationers to work, as prisoners confined in the
county jail are required to work, at public work. Each county board
of supervisors may fix the scale of compensation of the adult
probationers in that county.
(d) In all cases of probation the court may require as a condition
of probation that the probationer go to work and earn money for
the support of his or her dependents or to pay any fine imposed or
reparation condition, to keep an account of his or her earnings, to
report them to the probation officer and apply those earnings as
directed by the court.
(e) The court shall also consider whether the defendant as a
condition of probation shall make restitution to a public agency
for the costs of an emergency response pursuant to Article 8
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(commencing with Section 53150) of Chapter 1 of Part 1 of
Division 2 of the Government Code.
(f) In all felony cases in which, as a condition of probation, a
judge of the superior court sitting by authority of law elsewhere
than at the county seat requires a convicted person to serve his or
her sentence at intermittent periods the sentence may be served on
the order of the judge at the city jail nearest to the place at which
the court is sitting, and the cost of his or her maintenance shall be
a county charge.
(g) (1) The court and prosecuting attorney shall consider
whether any defendant who has been convicted of a nonviolent or
nonserious offense and ordered to participate in community service
as a condition of probation shall be required to engage in the
removal of graffiti in the performance of the community service.
For the purpose of this subdivision, a nonserious offense shall not
include the following:
(A) Offenses in violation of the Dangerous Weapons’ Control
Law (Chapter 1 (commencing with Section 12000) of Title 2 of
Part 4).
(B) Offenses involving the use of a dangerous or deadly weapon,
including all violations of Section 417.
(C) Offenses involving the use or attempted use of violence
against the person of another or involving injury to a victim.
(D) Offenses involving annoying or molesting children.
(2) Notwithstanding subparagraph (A) of paragraph (1), any
person who violates Section 12101 shall be ordered to perform
not less than 100 hours and not more than 500 hours of community
service as a condition of probation.
(3) The court and the prosecuting attorney need not consider a
defendant pursuant to paragraph (1) if the following circumstances
exist:
(A) The defendant was convicted of any offense set forth in
subdivision (c) of Section 667.5 or subdivision (c) of Section
1192.7.
(B) The judge believes that the public safety may be endangered
if the person is ordered to do community service or the judge
believes that the facts or circumstances or facts and circumstances
call for imposition of a more substantial penalty.
(h) The probation officer or his or her designated representative
shall consider whether any defendant who has been convicted of
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a nonviolent and nonserious offense and ordered to participate in
community service as a condition of probation shall be required
to engage in the performance of house repairs or yard services for
senior citizens and the performance of repairs to senior centers
through contact with local senior service organizations in the
performance of the community service.
(i) (1) Upon conviction of any offense involving child abuse
or neglect, the court may require, in addition to any or all of the
above-mentioned terms of imprisonment, fine, and other reasonable
conditions, that the defendant shall participate in counseling or
education programs, or both, including, but not limited to, parent
education or parenting programs operated by community colleges,
school districts, other public agencies, or private agencies.
(2) Upon conviction of any sex offense subjecting the defendant
to the registration requirements of Section 290, the court may order
as a condition of probation, at the request of the victim or in the
court’s discretion, that the defendant stay away from the victim
and the victim’s residence or place of employment, and that the
defendant have no contact with the victim in person, by telephone
or electronic means, or by mail.
(j) The court may impose and require any or all of the
above-mentioned terms of imprisonment, fine, and conditions, and
other reasonable conditions, as it may determine are fitting and
proper to the end that justice may be done, that amends may be
made to society for the breach of the law, for any injury done to
any person resulting from that breach, and generally and
specifically for the reformation and rehabilitation of the
probationer, and that should the probationer violate any of the
terms or conditions imposed by the court in the matter, it shall
have authority to modify and change any and all the terms and
conditions and to reimprison the probationer in the county jail
within the limitations of the penalty of the public offense involved.
Upon the defendant being released from the county jail under the
terms of probation as originally granted or any modification
subsequently made, and in all cases where confinement in a county
jail has not been a condition of the grant of probation, the court
shall place the defendant or probationer in and under the charge
of the probation officer of the court, for the period or term fixed
for probation. However, upon the payment of any fine imposed
and the fulfillment of all conditions of probation, probation shall
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cease at the end of the term of probation, or sooner, in the event
of modification. In counties and cities and counties in which there
are facilities for taking fingerprints, those of each probationer shall
be taken and a record of them kept and preserved.
(k) Notwithstanding any other provisions of law to the contrary,
except as provided in Section 13967, as operative on or before
September 28, 1994, of the Government Code and Section 13967.5
of the Government Code and Sections 1202.4, 1463.16, paragraph
(1) of subdivision (a) of Section 1463.18, and Section 1464, and
Section 1203.04, as operative on or before August 2, 1995, all
fines collected by a county probation officer in any of the courts
of this state, as a condition of the granting of probation or as a part
of the terms of probation, shall be paid into the county treasury
and placed in the general fund for the use and benefit of the county.
(l) If the court orders restitution to be made to the victim, the
board of supervisors may add a fee to cover the actual
administrative cost of collecting restitution, but not to exceed 10
15 percent of the total amount ordered to be paid. The fees shall
be paid into the general fund of the county treasury for the use and
benefit of the county.
SEC. 9.Section 1203.1b of the Penal Code is amended to read:
1203.1b.(a) In any case in which a defendant is convicted of
an offense and is the subject of any preplea or presentence
investigation and report, whether or not probation supervision is
ordered by the court, and in any case in which a defendant is
granted probation or given a conditional sentence, the probation
officer, or his or her authorized representative, taking into account
any amount that the defendant is ordered to pay in fines,
assessments, and restitution, shall make a determination of the
ability of the defendant to pay all or a portion of the reasonable
cost of any probation supervision or a conditional sentence, of
conducting any preplea investigation and preparing any preplea
report pursuant to Section 1203.7, of conducting any presentence
investigation and preparing any presentence report made pursuant
to Section 1203, and of processing a jurisdictional transfer pursuant
to Section 1203.9 or of processing a request for interstate compact
supervision pursuant to Sections 11175 to 11179, inclusive,
whichever applies. The reasonable cost of these services and of
probation supervision or a conditional sentence shall not exceed
the amount determined to be the actual average cost thereof. A
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payment schedule for the reimbursement of the costs of preplea
or presentence investigations based on income shall be developed
by the probation department of each county and approved by the
presiding judge of the superior court. The court shall order the
defendant to appear before the probation officer, or his or her
authorized representative, to make an inquiry into the ability of
the defendant to pay all or a portion of these costs. The probation
officer, or his or her authorized representative, shall determine the
amount of payment and the manner in which the payments shall
be made to the county, based upon the defendant’s ability to pay.
The probation officer shall inform the defendant that the defendant
is entitled to a hearing, that includes the right to counsel, in which
the court shall make a determination of the defendant’s ability to
pay and the payment amount. The defendant must waive the right
to a determination by the court of his or her ability to pay and the
payment amount by a knowing and intelligent waiver.
(b) When the defendant fails to waive the right provided in
subdivision (a) to a determination by the court of his or her ability
to pay and the payment amount, the probation officer shall refer
the matter to the court for the scheduling of a hearing to determine
the amount of payment and the manner in which the payments
shall be made. The court shall order the defendant to pay the
reasonable costs if it determines that the defendant has the ability
to pay those costs based on the report of the probation officer, or
his or her authorized representative. The following shall apply to
a hearing conducted pursuant to this subdivision:
(1) At the hearing, the defendant shall be entitled to have, but
shall not be limited to, the opportunity to be heard in person, to
present witnesses and other documentary evidence, and to confront
and cross-examine adverse witnesses, and to disclosure of the
evidence against the defendant, and a written statement of the
findings of the court or the probation officer, or his or her
authorized representative.
(2) At the hearing, if the court determines that the defendant
has the ability to pay all or part of the costs, the court shall set the
amount to be reimbursed and order the defendant to pay that sum
to the county in the manner in which the court believes reasonable
and compatible with the defendant’s financial ability.
(3) At the hearing, in making a determination of whether a
defendant has the ability to pay, the court shall take into account
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the amount of any fine imposed upon the defendant and any amount
the defendant has been ordered to pay in restitution.
(4) When the court determines that the defendant’s ability to
pay is different from the determination of the probation officer,
the court shall state on the record the reason for its order.
(c) The court may hold additional hearings during the
probationary or conditional sentence period to review the
defendant’s financial ability to pay the amount, and in the manner,
as set by the probation officer, or his or her authorized
representative, or as set by the court pursuant to this section.
(d) If practicable, the court shall order or the probation officer
shall set payments pursuant to subdivisions (a) and (b) to be made
on a monthly basis. Execution may be issued on the order issued
pursuant to this section in the same manner as a judgment in a civil
action. The order to pay all or part of the costs shall not be enforced
by contempt.
(e) The term “ability to pay” means the overall capability of the
defendant to reimburse the costs, or a portion of the costs, of
conducting the presentence investigation, preparing the preplea or
presentence report, processing a jurisdictional transfer pursuant to
Section 1203.9, processing requests for interstate compact
supervision pursuant to Sections 11175 to 11179, inclusive, and
probation supervision or conditional sentence, and shall include,
but shall not be limited to, the defendant’s:
(1) Present financial position.
(2) Reasonably discernible future financial position. In no event
shall the court consider a period of more than one year from the
date of the hearing for purposes of determining reasonably
discernible future financial position.
(3) Likelihood that the defendant shall be able to obtain
employment within the one-year period from the date of the
hearing.
(4) Any other factor or factors that may bear upon the
defendant’s financial capability to reimburse the county for the
costs.
(f) At any time during the pendency of the judgment rendered
according to the terms of this section, a defendant against whom
a judgment has been rendered may petition the probation officer
for a review of the defendant’s financial ability to pay or the
rendering court to modify or vacate its previous judgment on the
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grounds of a change of circumstances with regard to the
defendant’s ability to pay the judgment. The probation officer and
the court shall advise the defendant of this right at the time of
rendering of the terms of probation or the judgment.
(g) All sums paid by a defendant pursuant to this section shall
be allocated for the operating expenses of the county probation
department.
(h) The board of supervisors in any county, by resolution, may
establish a fee for the processing of payments made in installments
to the probation department pursuant to this section, not to exceed
the administrative and clerical costs of the collection of those
installment payments as determined by the board of supervisors,
except that the fee shall not exceed fifty dollars ($50).
(i) This section shall be operative in a county upon the adoption
of an ordinance to that effect by the board of supervisors.
SEC. 10.Section 1203.4 of the Penal Code is amended to read:
1203.4.(a) In any case in which a defendant has fulfilled the
conditions of probation for the entire period of probation, or has
been discharged prior to the termination of the period of probation,
or in any other case in which a court, in its discretion and the
interests of justice, determines that a defendant should be granted
the relief available under this section, the defendant shall, at any
time after the termination of the period of probation, if he or she
is not then serving a sentence for any offense, on probation for
any offense, or charged with the commission of any offense, be
permitted by the court to withdraw his or her plea of guilty or plea
of nolo contendere and enter a plea of not guilty; or, if he or she
has been convicted after a plea of not guilty, the court shall set
aside the verdict of guilty; and, in either case, the court shall
thereupon dismiss the accusations or information against the
defendant and except as noted below, he or she shall thereafter be
released from all penalties and disabilities resulting from the
offense of which he or she has been convicted, except as provided
in Section 13555 of the Vehicle Code. The probationer shall be
informed, in his or her probation papers, of this right and privilege
and his or her right, if any, to petition for a certificate of
rehabilitation and pardon. The probationer may make the
application and change of plea in person or by attorney, or by the
probation officer authorized in writing. However, in any subsequent
prosecution of the defendant for any other offense, the prior
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conviction may be pleaded and proved and shall have the same
effect as if probation had not been granted or the accusation or
information dismissed. The order shall state, and the probationer
shall be informed, that the order does not relieve him or her of the
obligation to disclose the conviction in response to any direct
question contained in any questionnaire or application for public
office, for licensure by any state or local agency, or for contracting
with the California State Lottery.
Dismissal of an accusation or information pursuant to this section
does not permit a person to own, possess, or have in his or her
custody or control any firearm or prevent his or her conviction
under Section 12021.
Dismissal of an accusation or information underlying a
conviction pursuant to this section does not permit a person
prohibited from holding public office as a result of that conviction
to hold public office.
This subdivision shall apply to all applications for relief under
this section which are filed on or after November 23, 1970.
(b) Subdivision (a) of this section does not apply to any
misdemeanor that is within the provisions of subdivision (b) of
Section 42001 of the Vehicle Code, to any violation of subdivision
(c) of Section 286, Section 288, subdivision (c) of Section 288a,
Section 288.5, or subdivision (j) of Section 289, any felony
conviction pursuant to subdivision (d) of Section 261.5, or to any
infraction.
(c) (1) Except as provided in paragraph (2), subdivision (a)
does not apply to a person who receives a notice to appear or is
otherwise charged with a violation of an offense described in
subdivisions (a) to (e), inclusive, of Section 12810 of the Vehicle
Code.
(2) If a defendant who was convicted of a violation listed in
paragraph (1) petitions the court, the court in its discretion and in
the interests of justice, may order the relief provided pursuant to
subdivision (a) to that defendant.
(d) A person who petitions for a change of plea or setting aside
of a verdict under this section may be required to reimburse the
court for the actual costs of services rendered, whether or not the
petition is granted and the records are sealed or expunged, at a rate
to be determined by the court not to exceed one hundred twenty
dollars ($120), and to reimburse the county for the actual costs of
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services rendered, whether or not the petition is granted and the
records are sealed or expunged, at a rate to be determined by the
county board of supervisors not to exceed one hundred twenty
dollars ($120), and to reimburse any city for the actual costs of
services rendered, whether or not the petition is granted and the
records are sealed or expunged, at a rate to be determined by the
city council not to exceed one hundred twenty dollars ($120).
Ability to make this reimbursement shall be determined by the
court using the standards set forth in paragraph (2) of subdivision
(g) of Section 987.8 and shall not be a prerequisite to a person’s
eligibility under this section. The court may order reimbursement
in any case in which the petitioner appears to have the ability to
pay, without undue hardship, all or any portion of the costs for
services established pursuant to this subdivision.
(e) Relief shall not be granted under this section unless the
prosecuting attorney has been given 15 days’ notice of the petition
for relief. The probation officer shall notify the prosecuting attorney
when a petition is filed, pursuant to this section.
It shall be presumed that the prosecuting attorney has received
notice if proof of service is filed with the court.
(f) If, after receiving notice pursuant to subdivision (e), the
prosecuting attorney fails to appear and object to a petition for
dismissal, the prosecuting attorney may not move to set aside or
otherwise appeal the grant of that petition.
(g) Notwithstanding the above provisions or any other provision
of law, the Governor shall have the right to pardon a person
convicted of a violation of subdivision (c) of Section 286, Section
288, subdivision (c) of Section 288a, Section 288.5, or subdivision
(j) of Section 289, if there are extraordinary circumstances.
SEC. 11.Section 1203.45 of the Penal Code is amended to
read:
1203.45.(a) In a case in which a person was under the age of
18 years at the time of commission of a misdemeanor and is eligible
for, or has previously received, the relief provided by Section
1203.4 or 1203.4a, that person, in a proceeding under Section
1203.4 or 1203.4a, or a separate proceeding, may petition the court
for an order sealing the record of conviction and other official
records in the case, including records of arrests resulting in the
criminal proceeding and records relating to other offenses charged
in the accusatory pleading, whether defendant was acquitted or
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charges were dismissed. If the court finds that the person was under
the age of 18 at the time of the commission of the misdemeanor,
and is eligible for relief under Section 1203.4 or 1203.4a or has
previously received that relief, it may issue its order granting the
relief prayed for. Thereafter the conviction, arrest, or other
proceeding shall be deemed not to have occurred, and the petitioner
may answer accordingly any question relating to their occurrence.
(b) This section applies to convictions that occurred before, as
well as those that occur after, the effective date of this section.
(c) This section shall not apply to offenses for which registration
is required under Section 290, to violations of Division 10
(commencing with Section 11000) of the Health and Safety Code,
or to misdemeanor violations of the Vehicle Code relating to
operation of a vehicle or of a local ordinance relating to operation,
standing, stopping, or parking of a motor vehicle.
(d) This section does not apply to a person convicted of more
than one offense, whether the second or additional convictions
occurred in the same action in which the conviction as to which
relief is sought occurred or in another action, except in the
following cases:
(1) One of the offenses includes the other or others.
(2) The other conviction or convictions were for the following:
(A) Misdemeanor violations of Chapters 1 (commencing with
Section 21000) to 9 (commencing with Section 22500), inclusive,
Chapter 12 (commencing with Section 23100), or Chapter 13
(commencing with Section 23250) of Division 11 of the Vehicle
Code, other than Section 23103, 23104, 23105, 23152, 23153, or
23220.
(B) Violation of a local ordinance relating to the operation,
stopping, standing, or parking of a motor vehicle.
(3) The other conviction or convictions consisted of any
combination of paragraphs (1) and (2).
(e) This section shall apply in a case in which a person was
under the age of 21 at the time of the commission of an offense as
to which this section is made applicable if that offense was
committed prior to March 7, 1973.
(f) In an action or proceeding based upon defamation, a court,
upon a showing of good cause, may order the records sealed under
this section to be opened and admitted into evidence. The records
shall be confidential and shall be available for inspection only by
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the court, jury, parties, counsel for the parties, and any other person
who is authorized by the court to inspect them. Upon the judgment
in the action or proceeding becoming final, the court shall order
the records sealed.
(g) A person who petitions for an order sealing a record under
this section may be required to reimburse the court for the actual
cost of services rendered, whether or not the petition is granted
and the records are sealed or expunged, at a rate to be determined
by the court not to exceed one hundred twenty dollars ($120), and
to reimburse the county for the actual cost of services rendered,
whether or not the petition is granted and the records are sealed
or expunged, at a rate to be determined by the county board of
supervisors not to exceed one hundred twenty dollars ($120), and
to reimburse any city for the actual cost of services rendered,
whether or not the petition is granted and the records are sealed
or expunged, at a rate to be determined by the city council not to
exceed one hundred twenty dollars ($120). Ability to make this
reimbursement shall be determined by the court using the standards
set forth in paragraph (2) of subdivision (g) of Section 987.8 and
shall not be a prerequisite to a person’s eligibility under this
section. The court may order reimbursement in a case in which
the petitioner appears to have the ability to pay, without undue
hardship, all or any portion of the cost for services established
pursuant to this subdivision.
SEC. 12.Section 1205 of the Penal Code is amended to read:
1205.(a) A judgment that the defendant pay a fine, with or
without other punishment, may also direct that he or she be
imprisoned until the fine is satisfied and may further direct that
the imprisonment begin at and continue after the expiration of any
imprisonment imposed as a part of the punishment or of any other
imprisonment to which he or she may theretofore have been
sentenced. Each of these judgments shall specify the extent of the
imprisonment for nonpayment of the fine, which shall not be more
than one day for each thirty dollars ($30) of the fine, nor exceed
in any case the term for which the defendant might be sentenced
to imprisonment for the offense of which he or she has been
convicted. A defendant held in custody for nonpayment of a fine
shall be entitled to credit on the fine for each day he or she is so
held in custody, at the rate specified in the judgment. When the
defendant has been convicted of a misdemeanor, a judgment that
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the defendant pay a fine may also direct that he or she pay the fine
within a limited time or in installments on specified dates and that
in default of payment as therein stipulated he or she be imprisoned
in the discretion of the court either until the defaulted installment
is satisfied or until the fine is satisfied in full; but unless the
direction is given in the judgment, the fine shall be payable
forthwith.
(b) Except as otherwise provided in case of fines imposed,
including restitution fines or restitution orders, as conditions of
probation, the defendant shall pay the fine to the clerk of the court,
or to the judge thereof if there is no clerk, unless the defendant is
taken into custody for nonpayment of the fine, in which event
payments made while he or she is in custody shall be made to the
officer who holds him or her in custody and all amounts so paid
shall be forthwith paid over by the officer to the court which
rendered the judgment. The clerk shall report to the court every
default in payment of a fine or any part thereof, or if there is no
clerk, the court shall take notice of the default. If time has been
given for payment of a fine or it has been made payable in
installments, the court shall, upon any default in payment,
immediately order the arrest of the defendant and order him or her
to show cause why he or she should not be imprisoned until the
fine or installment thereof, as the case may be, is satisfied in full.
If the fine, restitution fine, restitution order, or installment, is
payable forthwith and it is not so paid, the court shall without
further proceedings, immediately commit the defendant to the
custody of the proper officer to be held in custody until the fine
or installment thereof, as the case may be, is satisfied in full.
(c) This section applies to any violation of any of the codes or
statutes of this state punishable by a fine or by a fine and
imprisonment.
Nothing in this section shall be construed to prohibit the clerk
of the court, or the judge thereof if there is no clerk, from turning
these accounts over to another county department or a collecting
agency for processing and collection.
(d) The defendant shall pay to the clerk of the court or the
collecting agency a fee for the processing of installment accounts.
This fee shall equal the administrative and clerical costs, as
determined by the board of supervisors, except that the fee shall
not exceed thirty-five dollars ($35). The Legislature hereby
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authorizes the establishment of the following program described
in this section, to be implemented in any county, upon the adoption
of a resolution by the board of supervisors authorizing it. The board
of supervisors in any county may establish a fee for the processing
of accounts receivable that are not to be paid in installments. The
defendant shall pay to the clerk of the court or the collecting agency
the fee established for the processing of the accounts. The fee shall
equal the administrative and clerical costs, as determined by the
board of supervisors, except that the fee shall not exceed thirty
dollars ($30).
(e) This section shall only apply to restitution fines and
restitution orders if the defendant has defaulted on the payment of
other fines.
SEC. 13.Section 13300 of the Penal Code is amended to read:
13300.(a) As used in this section:
(1) “Local summary criminal history information” means the
master record of information compiled by any local criminal justice
agency pursuant to Chapter 2 (commencing with Section 13100)
of Title 3 of Part 4 pertaining to the identification and criminal
history of any person, such as name, date of birth, physical
description, dates of arrests, arresting agencies and booking
numbers, charges, dispositions, and similar data about the person.
(2) “Local summary criminal history information” does not
refer to records and data compiled by criminal justice agencies
other than that local agency, nor does it refer to records of
complaints to or investigations conducted by, or records of
intelligence information or security procedures of, the local agency.
(3) “Local agency” means a local criminal justice agency.
(b) A local agency shall furnish local summary criminal history
information to any of the following, when needed in the course of
their duties, provided that when information is furnished to assist
an agency, officer, or official of state or local government, a public
utility, or any entity, in fulfilling employment, certification, or
licensing duties, Chapter 1321 of the Statutes of 1974 and Section
432.7 of the Labor Code shall apply:
(1) The courts of the state.
(2) Peace officers of the state, as defined in Section 830.1,
subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b),
and (j) of Section 830.3, and subdivisions (a), (b), and (c) of
Section 830.5.
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(3) District attorneys of the state.
(4) Prosecuting city attorneys of any city within the state.
(5) City attorneys pursuing civil gang injunctions pursuant to
Section 186.22a, or drug abatement actions pursuant to Section
3479 or 3480 of the Civil Code, or Section 11571 of the Health
and Safety Code.
(6) Probation officers of the state.
(7) Parole officers of the state.
(8) A public defender or attorney of record when representing
a person in proceedings upon a petition for a certificate of
rehabilitation and pardon pursuant to Section 4852.08.
(9) A public defender or attorney of record when representing
a person in a criminal case and when authorized access by statutory
or decisional law.
(10) Any agency, officer, or official of the state when the local
summary criminal history information is required to implement a
statute, regulation, or ordinance that expressly refers to specific
criminal conduct applicable to the subject person of the local
summary criminal history information, and contains requirements
or exclusions, or both, expressly based upon the specified criminal
conduct.
(11) Any city, county, city and county, or district, or any officer
or official thereof, when access is needed in order to assist the
agency, officer, or official in fulfilling employment, certification,
or licensing duties, and when the access is specifically authorized
by the city council, board of supervisors, or governing board of
the city, county, or district when the local summary criminal history
information is required to implement a statute, regulation, or
ordinance that expressly refers to specific criminal conduct
applicable to the subject person of the local summary criminal
history information, and contains requirements or exclusions, or
both, expressly based upon the specified criminal conduct.
(12) The subject of the local summary criminal history
information.
(13) Any person or entity when access is expressly authorized
by statute when the local summary criminal history information
is required to implement a statute, regulation, or ordinance that
expressly refers to specific criminal conduct applicable to the
subject person of the local summary criminal history information,
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and contains requirements or exclusions, or both, expressly based
upon the specified criminal conduct.
(14) Any managing or supervising correctional officer of a
county jail or other county correctional facility.
(15) Local child support agencies established by Section 17304
of the Family Code. When a local child support agency closes a
support enforcement case containing summary criminal history
information, the agency shall delete or purge from the file and
destroy any documents or information concerning or arising from
offenses for or of which the parent has been arrested, charged, or
convicted, other than for offenses related to the parents having
failed to provide support for the minor children, consistent with
Section 17531 of the Family Code.
(16) County child welfare agency personnel who have been
delegated the authority of county probation officers to access state
summary criminal information pursuant to Section 272 of the
Welfare and Institutions Code for the purposes specified in Section
16504.5 of the Welfare and Institutions Code.
(c) The local agency may furnish local summary criminal history
information, upon a showing of a compelling need, to any of the
following, provided that when information is furnished to assist
an agency, officer, or official of state or local government, a public
utility, or any entity, in fulfilling employment, certification, or
licensing duties, Chapter 1321 of the Statutes of 1974 and Section
432.7 of the Labor Code shall apply:
(1) Any public utility, as defined in Section 216 of the Public
Utilities Code, which operates a nuclear energy facility when access
is needed to assist in employing persons to work at the facility,
provided that, if the local agency supplies the information, it shall
furnish a copy of this information to the person to whom the
information relates.
(2) To a peace officer of the state other than those included in
subdivision (b).
(3) To a peace officer of another country.
(4) To public officers, other than peace officers, of the United
States, other states, or possessions or territories of the United
States, provided that access to records similar to local summary
criminal history information is expressly authorized by a statute
of the United States, other states, or possessions or territories of
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the United States when this information is needed for the
performance of their official duties.
(5) To any person when disclosure is requested by a probation,
parole, or peace officer with the consent of the subject of the local
summary criminal history information and for purposes of
furthering the rehabilitation of the subject.
(6) The courts of the United States, other states, or territories
or possessions of the United States.
(7) Peace officers of the United States, other states, or territories
or possessions of the United States.
(8) To any individual who is the subject of the record requested
when needed in conjunction with an application to enter the United
States or any foreign nation.
(9) Any public utility, as defined in Section 216 of the Public
Utilities Code, when access is needed to assist in employing
persons who will be seeking entrance to private residences in the
course of their employment. The information provided shall be
limited to the record of convictions and any arrest for which the
person is released on bail or on his or her own recognizance
pending trial.
If the local agency supplies the information pursuant to this
paragraph, it shall furnish a copy of the information to the person
to whom the information relates.
Any information obtained from the local summary criminal
history is confidential and the receiving public utility shall not
disclose its contents, other than for the purpose for which it was
acquired. The local summary criminal history information in the
possession of the public utility and all copies made from it shall
be destroyed 30 days after employment is denied or granted,
including any appeal periods, except for those cases where an
employee or applicant is out on bail or on his or her own
recognizance pending trial, in which case the state summary
criminal history information and all copies shall be destroyed 30
days after the case is resolved, including any appeal periods.
A violation of any of the provisions of this paragraph is a
misdemeanor, and shall give the employee or applicant who is
injured by the violation a cause of action against the public utility
to recover damages proximately caused by the violation.
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Nothing in this section shall be construed as imposing any duty
upon public utilities to request local summary criminal history
information on any current or prospective employee.
Seeking entrance to private residences in the course of
employment shall be deemed a “compelling need” as required to
be shown in this subdivision.
(10) Any city, county, city and county, or district, or any officer
or official thereof, if a written request is made to a local law
enforcement agency and the information is needed to assist in the
screening of a prospective concessionaire, and any affiliate or
associate thereof, as these terms are defined in subdivision (k) of
Section 432.7 of the Labor Code, for the purposes of consenting
to, or approving of, the prospective concessionaire’s application
for, or acquisition of, any beneficial interest in a concession, lease,
or other property interest.
Any local government’s request for local summary criminal
history information for purposes of screening a prospective
concessionaire and their affiliates or associates before approving
or denying an application for, or acquisition of, any beneficial
interest in a concession, lease, or other property interest is deemed
a “compelling need” as required by this subdivision. However,
only local summary criminal history information pertaining to
criminal convictions may be obtained pursuant to this paragraph.
Any information obtained from the local summary criminal
history is confidential and the receiving local government shall
not disclose its contents, other than for the purpose for which it
was acquired. The local summary criminal history information in
the possession of the local government and all copies made from
it shall be destroyed not more than 30 days after the local
government’s final decision to grant or deny consent to, or approval
of, the prospective concessionaire’s application for, or acquisition
of, a beneficial interest in a concession, lease, or other property
interest. Nothing in this section shall be construed as imposing
any duty upon a local government, or any officer or official thereof,
to request local summary criminal history information on any
current or prospective concessionaire or their affiliates or
associates.
(d) Whenever an authorized request for local summary criminal
history information pertains to a person whose fingerprints are on
file with the local agency and the local agency has no criminal
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history of that person, and the information is to be used for
employment, licensing, or certification purposes, the fingerprint
card accompanying the request for information, if any, may be
stamped “no criminal record” and returned to the person or entity
making the request.
(e) A local agency taking fingerprints of a person who is an
applicant for licensing, employment, or certification may charge
a fee not to exceed ten dollars ($10) to cover the cost of taking the
fingerprints and processing the required documents.
(f) Whenever local summary criminal history information
furnished pursuant to this section is to be used for employment,
licensing, or certification purposes, the local agency shall charge
the person or entity making the request a fee which it determines
to be sufficient to reimburse the local agency for the cost of
furnishing the information, provided that no fee shall be charged
to any public law enforcement agency for local summary criminal
history information furnished to assist it in employing, licensing,
or certifying a person who is applying for employment with the
agency as a peace officer or criminal investigator. Any state agency
required to pay a fee to the local agency for information received
under this section may charge the applicant a fee sufficient to
reimburse the agency for the expense.
(g) Whenever there is a conflict, the processing of criminal
fingerprints shall take priority over the processing of applicant
fingerprints.
(h) It is not a violation of this article to disseminate statistical
or research information obtained from a record, provided that the
identity of the subject of the record is not disclosed.
(i) It is not a violation of this article to include information
obtained from a record in (1) a transcript or record of a judicial or
administrative proceeding or (2) any other public record when the
inclusion of the information in the public record is authorized by
a court, statute, or decisional law.
(j) Notwithstanding any other law, a public prosecutor may, in
response to a written request made pursuant to Section 6253 of
the Government Code, provide information from a local summary
criminal history, if release of the information would enhance public
safety, the interest of justice, or the public’s understanding of the
justice system and the person making the request declares that the
request is made for a scholarly or journalistic purpose. If a person
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in a declaration required by this subdivision willfully states as true
any material fact that he or she knows to be false, he or she shall
be subject to a civil penalty not exceeding ten thousand dollars
($10,000). The requestor shall be informed in writing of this
penalty. An action to impose a civil penalty under this subdivision
may be brought by any public prosecutor and shall be enforced as
a civil judgment.
(k) Notwithstanding any other law, the Department of Justice
or any state or local law enforcement agency may require the
submission of fingerprints for the purpose of conducting summary
criminal history information record checks which are authorized
by law.
(l) Any local criminal justice agency may release, within five
years of the arrest, information concerning an arrest or detention
of a peace officer or applicant for a position as a peace officer, as
defined in Section 830, which did not result in conviction, and for
which the person did not complete a postarrest diversion program
or a deferred entry of judgment program, to a government agency
employer of that peace officer or applicant.
(m) Any local criminal justice agency may release information
concerning an arrest of a peace officer or applicant for a position
as a peace officer, as defined in Section 830, which did not result
in conviction but for which the person completed a postarrest
diversion program or a deferred entry of judgment program, or
information concerning a referral to and participation in any
postarrest diversion program or a deferred entry of judgment
program to a government agency employer of that peace officer
or applicant.
(n) Notwithstanding subdivision (l) or (m), a local criminal
justice agency shall not release information under the following
circumstances:
(1) Information concerning an arrest for which diversion or a
deferred entry of judgment program has been ordered without
attempting to determine whether diversion or a deferred entry of
judgment program has been successfully completed.
(2) Information concerning an arrest or detention followed by
a dismissal or release without attempting to determine whether the
individual was exonerated.
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(3) Information concerning an arrest without a disposition
without attempting to determine whether diversion has been
successfully completed or the individual was exonerated.
SEC. 14.Section 903 of the Welfare and Institutions Code is
amended to read:
903.(a) The father, mother, spouse, or other person liable for
the support of a minor, the estate of that person, and the estate of
the minor, shall be liable for the reasonable costs of support of the
minor while the minor is placed, or detained in, or committed to,
any institution or other place pursuant to Section 625 or pursuant
to an order of the juvenile court. However, a county shall not levy
charges for the costs of support of a minor detained pursuant to
Section 625 unless, at the detention hearing, the juvenile court
determines that detention of the minor should be continued, the
petition for the offense for which the minor is detained is
subsequently sustained, or the minor agrees to a program of
supervision pursuant to Section 654. The liability of these persons
and estates shall be a joint and several liability.
(b) The county shall limit the charges it seeks to impose to the
reasonable costs of support of the minor and shall exclude any
costs of incarceration, treatment, or supervision for the protection
of society and the minor and the rehabilitation of the minor. In the
event that court-ordered child support paid to the county pursuant
to subdivision (a) exceeds the amount of the costs authorized by
this subdivision and subdivision (a), the county shall either hold
the excess in trust for the minor’s future needs pursuant to Section
302.52 of Title 45 of the Code of Federal Regulations or, with the
approval of the minor’s caseworker or probation officer, pay the
excess directly to the minor.
(c) It is the intent of the Legislature in enacting this subdivision
to protect the fiscal integrity of the county, to protect persons
against whom the county seeks to impose liability from excessive
charges, to ensure reasonable uniformity throughout the state in
the level of liability being imposed, and to ensure that liability is
imposed only on persons with the ability to pay. In evaluating a
family’s financial ability to pay under this section, the county shall
take into consideration the family’s income, the necessary
obligations of the family, and the number of persons dependent
upon this income. Except as provided in paragraphs (1), (2), (3),
and (4), “costs of support” as used in this section means only actual
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costs incurred by the county for food and food preparation,
clothing, personal supplies, and medical expenses, not to exceed
a combined maximum cost of fifteen dollars ($15) forty-five dollars
($45) per day, except that:
(1) The maximum cost of fifteen dollars ($15) forty-five dollars
($45) per day shall be adjusted every third year beginning January
1, 1988, to reflect the percentage change in the calendar year annual
average of the California Consumer Price Index, All Urban
Consumers, published by the Department of Industrial Relations,
for the three-year period.
(2) No cost for medical expenses shall be imposed by the county
until the county has first exhausted any eligibility the minor may
have under private insurance coverage, standard or medically
indigent Medi-Cal coverage, and the Robert W. Crown California
Children’s Services Act (Article 2 (commencing with Section 248)
of Chapter 2 of Part 1 of Division 1 of the Health and Safety Code).
(3) In calculating the cost of medical expenses, the county shall
not charge in excess of 100 percent of the AFDC fee-for-service
average Medi-Cal payment for that county for that fiscal year as
calculated by the State Department of Health Services; however,
if a minor has extraordinary medical or dental costs that are not
met under any of the coverages listed in paragraph (2), the county
may impose these additional costs.
(4) For those placements of a minor subject to this section in
which an AFDC–FC grant is made, the local child support agency
shall, subject to Sections 17550 and 17552 of the Family Code,
seek an order pursuant to Section 17400 of the Family Code and
the statewide child support guideline in effect in Article 2
(commencing with Section 4050) of Chapter 2 of Part 2 of Division
9 of the Family Code. For purposes of determining the correct
amount of support of a minor subject to this section, the rebuttable
presumption set forth in Section 4057 of the Family Code is
applicable. This paragraph shall be implemented consistent with
subdivision (a) of Section 17415 of the Family Code.
(d) Notwithstanding subdivision (a), the father, mother, spouse,
or other person liable for the support of the minor, the estate of
that person, or the estate of the minor, shall not be liable for the
costs described in this section if a petition to declare the minor a
dependent child of the court pursuant to Section 300 is dismissed
at or before the jurisdictional hearing.
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(e) Notwithstanding subdivision (a), the father, mother, spouse,
or other person liable for the support of a minor shall not be liable
for the costs of support of that minor while the minor is temporarily
placed or detained in any institution or other place pursuant to
Section 625 or is committed to any institution or other place
pursuant to an order of the juvenile court, if the minor is placed
or detained because he or she is found by a court to have committed
a crime against that person. Nothing in this subdivision shall be
construed to extinguish a child support obligation between private
parties.
SEC. 15.Section 903.3 of the Welfare and Institutions Code
is amended to read:
903.3.(a) The father, mother, spouse, or other person liable
for the support of a minor person, the person himself or herself if
he or she is an adult, or the estates of those persons shall, unless
indigent, be liable for the cost to the county and court for any
investigation related to the sealing and for the sealing of any
juvenile court or arrest records pursuant to Section 781 pertaining
to that person. The liability of those persons and estates shall be
a joint and several liability.
(b) In the event a petition is filed for an order sealing a record,
the father, mother, spouse, or other person liable for the support
of a minor, that person if he or she is an adult, or the estate of that
person, may be required to reimburse the county and court for the
actual cost of services rendered, whether or not the petition is
granted and the records are sealed or expunged, at a rate to be
determined by the county board of supervisors for the county and
by the court for the court, not to exceed one hundred twenty dollars
($120). Ability to make this reimbursement shall be determined
by the court using the standards set forth in paragraph (2) of
subdivision (g) of Section 987.8 and shall not be a prerequisite to
a person’s eligibility under this section. The court may order
reimbursement in any case in which the petitioner appears to have
the ability to pay, without undue hardship, all or any portion of
the cost for services.
(c) Notwithstanding subdivision (a), the father, mother, spouse,
or other person liable for the support of the minor, the person
himself or herself if he or she is an adult, the estate of that person,
or the estate of the minor, shall not be liable for the costs described
in this section if a petition to declare the minor a dependent child
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of the court pursuant to Section 300 is dismissed at or before the
jurisdictional hearing.
(d) Any determination of amount made by a court under this
section shall be valid only if either (1) made under procedures
adopted by the Judicial Council or (2) approved by the Judicial
Council.
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