HomeMy WebLinkAboutMINUTES - 02281995 - 1.64 TO: r BOARD OF SUPERVISORS
Contra
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Phil Batchelor, County Administrator - Costa
FROM:
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DATE: February 21, 1995 ��,.�__` �* Count Y
SUBJECT: LEGISLATION: AB 82 (Pringle) RE AMENDING BOOKING FEE LEGISLATION
TO REQUIRE NEGOTIATIONS WITH CITIES AND A PUBLIC HEARING
SPECIFIC REQUEST(S)OR RECOMMENDATION(S).&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position in OPPOSITION to AB 82 by Assemblyman Curt
Pringle, as introduced, which would add additional requirements on
counties before a booking fee could be increased, including
negotiating a lower fee for any city which in involved in the
booking process and requiring .45 days advance notice and a public
hearing before a fee could be increased, as well as requiring that
any fee increase be adopted prior to the beginning of the fiscal
year.
BACKGROUND:
Under current law, a county is authorized to impose a fee to cover
the actual cost of booking persons arrested by a employee of a
city, special district or school district. The fee is limited to
covering actual administrative costs, plus appropriate overhead, as
outlined in Federal Circular A-87 . Data outlining how the fee is
calculated must be made available to the other agencies .
AB 82 has been introduced by Assemblyman Pringle. As introduced,
AB 82 would do the following:
✓ Require that any increase in the booking fee be adopted by the
beginning of the County' s fiscal year.
✓ Require that before a booking fee increase can be adopted the
County must conduct a public hearing.
✓ Require the County to give 45 days advance written notice of
the public hearing to each city in the County.
v
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER �
SIGNATURE(S): /"V/, �;W�
��'I _
ACTION OF BOARD ON February_28, 19-9-5 - APPROVED AS RECOMMENDED _2 _ OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
)QIUNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON T DATE SHOWN.
ATTESTED
Contact: PHIL BATCHELOR,CLERK O THE BOARD OF
cc: See Page 2 SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
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Require the County to negotiate a reduced fee with any city
that is involved, in whole or in part, with the processing of
arrestees to reflect that cost incurred by the city.
AB 82 seems to clearly be another attempt to make it more difficult
for the County to recover its booking costs from the agencies which
are arresting individuals . The County is already limited in the
amount it can charge in that the booking fee cannot exceed actual
costs . AB 82 essentially requires the County to negotiate up to 18
separate booking fees, one with each city, to reflect the level of
involvement of the city in the booking process . This would be a
bureaucratic nightmare and seems completely unnecessary.
For these reasons, it is recommended that the Board of Supervisors
oppose AB 82 in its current form. If the bill is amended to make
it more acceptable and reasonable, we will be happy to reconsider
this position, depending on the nature and extent of the
amendments .
cc: County Administrator
Sheriff-Coroner
Auditor-Controller
County Counsel
George Roemer, Senior Deputy County Administrator
Les Spahnn, Heim, Noack, Kelly & Spahnn
Bank of California Center
770 L Street, Suite 960
Sacramento, CA 95814
CALIFORNIA LEGISLATURE-1995-96 REGULAR SESSION
ASSEMBLY BILL No. 82
Introduced by Assembly Member Pringle
' December 22, 1994
An act to amend Section 29550 of the Government Code,
relating to booking fees.
LEGISLATIVE COUNSEL'S DIGEST
AB 82, as introduced, Pringle. Booking fees.
Existing law authorizes a county to impose, among other
fees with respect to criminal justice services, a booking fee,
upon other local agencies or colleges and universities for
county costs. incurred in processing or booking persons
arrested by employees of those entities and brought to county
facilities for booking or detention.
This bill would provide that any increase in a booking fee
charged by a county shall be adopted prior to the beginning
of the county's fiscal year and may be adopted only after a
noticed, public hearing has been held, as specified. The bill
would also require any county that imposes a booking fee to
negotiate a reduced fee with any city within the county that
is involved with the processing of arrestees.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows.-
1
ollows.1 SECTION 1. Section 29550 of the Government Code
2 is amended to read:
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1 person who is ordered by a court to be remanded to the
2 county jail except that a county may charge a fee to
3 recover those direct costs for those functions required to
4 book a person pursuant to subdivision (g) of Section 853.6
5 of the Penal Code.
6 (3) Notwithstanding subdivision (a) , a city, special
7 district, school district, community college district,
8 college, or university shall not be charged fees for arrests
9 made pursuant to arrest warrants originating outside of
10 its jurisdiction.
r` 11 (4) Notwithstanding subdivision (a), no fees shall be
12 charged to a city, special district, school district,
13 community college, college, or university on parole
14 violation arrests or probation-ordered returns to custody,
15 unless a new.charge has been filed for a crime committed
16 in the jurisdiction of the arresting city, district, college, or
17 university.
18 (5) An agency making a.mutual aid request shall pay
19 fees that result from arrests made in response to the
i 20 mutual aid request except that in the event the Governor
21 declares a state of emergency, no agency shall be charged
22 fees for any arrest made during any riot, disturbance, or
23 event that is subject to the declaration.
24 (6) Notwithstanding subdivision (a), no fees shall be
25 charged to a city, special district, school district,
26 community college, college, or university for the arrest of
27 a prisoner who has escaped from a county,. state, or
28 federal detention or corrections facility.
! 29 (7) Notwithstanding subdivision (a) , no fees shall be
30 charged to a city, special district, school district,
31 community college, college, or university for arrestees
32 held in temporary detention at a court facility for
33 purposes of arraignment when the arrestee has been
34 previously booked at an entity detention facility.
35 (8) Notwithstanding subdivision (a) , no fees shall be
36 charged to a city, special district, school district,
37 community college, college, or university as the result of
38 an arrest made by its officer assigned to a formal
39 multiagency task force in which the county is a
40 participant. For the purposes of this section, "formal task
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AB 82
J1 performed in order to-receive an arrestee into a county
j 2 detention facility. Operating expenses of the county jail
j3 facility including capitol costs and those costs involved in
4 the housing, feeding, and care of inmates .shall not be
5 included in calculating "actual administrative costs."
6 "Actual administrative costs" may include any one or
7 more of the following as related to receiving an arrestee
I� 8 into the county detention facility:
9 (1) The searching, wristbanding, bathing, clothing,
10 fingerprinting, photographing, and medical and mental
11 screening of an arrestee.
i
' 12 (2) Document preparation, retrieval, updating, filing,
13 and court scheduling related to receiving an arrestee into
14 the detention facility.
15 (3) Warrant service, processing, and detainer.
16 (4) Inventory of an arrestee's money and creation of
17 cash accounts.
18 (5) Inventory and storage of an arrestee's property.
. 19 (6) Inventory, laundry, and storage of an arrestee's
20 clothing.
i 21 (7) The classification of an arrestee.
22 (8) The direct costs of automated services utilized in
23 paragraphs (1) to (7) , inclusive.
24 (9) Unit management and supervision of the
I - 25 detention function as related to paragraphs (1) to (8) ,
I 26 inclusive.
27 (f) An administrative screening fee of twenty-five
28 dollars ($25) shall be collected from each person arrested
29 and released on his or her own recognizance upon
30 conviction of any criminal offense related to the arrest
31 other than an infraction. A citation processing fee in the
32 amount of ten dollars ($10) shall be collected from each
33 person cited and released by any peace officer in the field
34 or at a jail facility upon conviction of any criminal offense,
35 other than an infraction, related to the criminal offense
36 cited in the notice to appear. However, the court may
37 determine a lesser fee than otherwise provided in this
38 subdivision upon a showing that the defendant is unable
39 to pay the full amount. All fees collected pursuant to this
40 subdivision shall be transmitted by the county auditor
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