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Home My WebLink AboutMINUTES - 05222007 - SD.5 !1 J TO: BOARD OF SUPERVISORS Contra f f; FROM: JOHN CULLEN, County AdministratorCosta of kNP1W ,,s DATE: MAY 15, 2007 '�� dsTA-�6U� County SUBJECT: ORDINANCE TO ESTABLISH A JAIL ACCESS (BOOKING) FEE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. CONDUCT HEARING on the proposed establishment of a jail access fee pursuant to Government Code section 29551 at a rate of$340 effective July 1, 2007. 2. FIND that the amounts expressed in the County Administrator's report filed on May 11, 2007 are correct; that notice was given on the public hearing of May 22, 2007 on the County Administrator's report; and that the proposed fee of$340 does not exceed actual costs to Contra Costa County for booking or other processing of a person brought to a County jail for booking or detention. 3. ADOPT Ordinance 2007-** establishing the new jail access fee, re-enacting criminal justice administrative fees and providing for the statutory increases in the criminal justice administrative fee commencing July 1, 2008. 4. DESIGNATE Budget Unit 0005, Account 9735 (Booking Fees) as the local detention facility revenue account and DIRECT the Auditor-Controller to deposit any proceeds from the jail access fee to into this account. CONTINUED ON ATTACHMENT: _12KES SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMEN AT N OF BOARD COMMITTEE APPROVE _OTHER SIGNATURE(S): ACTION OF BOA N 2. APPROVE AS RECOMMENDED—�_ OTHER -As. Aarrat /�moontad � Y�almf;c (�arti��9. '(8+ears kiad'a_ ne stoaakevs ay.Q -KW. d c dosad tea. youlon, Rab". OO VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN % UNANIMOUS(ABSENT ) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: ATTESTED: MAY 22,2007 CONTACT: JULIE ENEA (925)335-1077 JOHN CULLEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CC: COUNTY ADMINISTRATOR AUDITOR-CONTROLLER SHERIFF-CORONER SUPERIOR COURT ADMINISTRATION ARRESTING AGENCIES(VIA CAO) � 8 ,DEPUTY i Jail Access (Booking) Fee May 15, 2007 Page 2 FISCAL IMPACT: As the jail access fee may only be charged to a local agency that exceeds its three-year average number of certain nonfelony bookings, it is not anticipated that the fee will generate a significant amount of revenue. The County does expect to receive approximately $2.1 million in "in-lieu" booking fees from a proposed $35 million statewide allocation. These revenues are included in the 2007/08 Final Budget. Revenues generated from the jail access and "in-lieu"fees must be deposited in a local detention facility revenue account and shall be used exclusively for the purpose of operation, renovation, remodeling, or constructing local detention facilities and related equipment. BACKGROUND: Since 1991, the County has charged a criminal justice administrative (booking) fee for certain bookings at the County's adult detention facilities. The fee was authorized pursuant to California Government Code section 29550. The last fee adjustment occurred in May 2005 when the fee charged to local agencies was decreased from $211 to $170 as a result of legislation that required counties to cap the fee at fifty percent (50%) of the actual administrative costs of booking. Last year, new legislation was passed that will establish, effective July 1, 2007, a statewide appropriation of$35 million to be allocated to local agencies in lieu of booking fees. The statewide allocation is to be based upon the amount of booking fee revenue received by a local agency in fiscal year 2006/07. Contra Costa County expects to receive approximately $2.1 million, which is included in the 2007/08 Final Budget. Recognizing the chilling effect that booking fees have had on booking volume and local jail population, the Legislature anticipated that with the elimination of booking fees, local agencies might experience an increase in bookings and population at local detention facilities. The authors incorporated a trigger in the legislation to permit collection of booking fees from local agencies should the annual number of bookings increase. The new legislation will require the County to identify on an on-going basis for each arresting agency the average number of nonfelony bookings, as specified, over the prior three-year period. Pursuant to Government Code section 29551, the County may levy a jail access (booking) fee for bookings that exceed the three-year average for a local agency. The jail access fee shall not exceed the actual cost of booking an arrested person into the local detention facility. In preparation for today's hearing to consider establishing a jail access fee, notices were sent to affected agencies advising them of the hearing, and notices were also published in the newspaper in accordance with statutory noticing requirements. Copies of the fee calculation were also mailed to police agencies ten days prior to the hearing date. ORDINANCE NO.2007 '2(v [Criminal Justice Administrative and Jail Access(Booking)Fees] The Contra Costa County Board of Supervisors ordains as follows: SECTION I. PURPOSE AND AUTHORITY. This ordinance repeals and reenacts uncodified ordinance 91-3 to continue in effect the criminal justice administrative fee imposed under Government Code section 29550 and to implement in Contra Costa County the provisions of Government Code section 29551 which provide for future increases in the maximum criminal justice administrative fee charged agencies and for jail access fees. (Ords. 2005-14; 2003-15; 2001-10; 98-23; 96-19; 94-24; 91-3.) SECTION II.. ORDINANCE 91-3 REPEALED. Ordinance 91-3, as amended by County Ordinances 94-24, 96-19, 98-23, 2001-10, 2003-15, and 2005-14, is hereby repealed and its provisions are reenacted as follows. SECTION III. CRIMINAL JUSTICE ADMINISTRATIVE FEE/JAIL ACCESS FEE IMPOSED. (a) There is hereby imposed upon every city, special district, school district, community college district, college, or university, ("Agencies") a fee for the administrative costs, including applicable overhead costs, of booking or other processing at any county jail of every person arrested by an employee of such city, special district, school district, community college district, or university and brought to such county jail facility for booking or detention. (b) There is hereby imposed upon every person who is arrested by an employee of an Agency, brought to any county jail facility for booking and detention,and later convicted of a criminal offense related to the arrest, a fee for the administrative costs, including applicable overhead costs, of his booking or other processing at the county jail facility. (c) Subject to Government Code section 29551, subsections(b) and(d), such fees shall be payable on account of every booking or other processing of a person at a Contra Costa County jail. (d)For the purpose of this fee, the term `Contra Costa County jail' means and includes every detention facility in Contra Costa County operated under the control of the Contra Costa County Sheriff-Coroner. SECTION IV. FEE AMOUNTS. (a) The amount of the criminal justice administrative (booking) fee that may be imposed pursuant to Government Code section 29550, subdivision (c)is three hundred and forty ($340.00)dollars. (b) The reduced amount of the criminal justice administrative fee that may be imposed pursuant to Government Code section 29550, subdivision(a) is one hundred and seventy ($170.00)dollars. Commencing July 1, 2008, this amount shall be adjusted as provided in i 1 ' ORDINANCE NO. 2007-` ( Government Code section 29551, subdivision(e). (c)The amount of the jail access fee that may be imposed pursuant to Government Code section 29551, subdivision (b) is three hundred and forty ($340.00) dollars. SECTION V. REGULATIONS. The Contra Costa County Board of Supervisors, by resolution, may adopt regulations governing the application and administration of these fees. SECTION VI. SEVERABILITY. If any provision of this ordinance is held invalid or unenforceable by a court of competent jurisdiction,that holding shall not affect the validity or enforceability of the remaining fees or provisions, and the Board of Supervisors declares that it would have adopted each part of this ordinance irrespective of the validity of any other part. SECTION VI. EFFECTIVE DATE. This ordinance shall become effective 30 days after passage, and within 15 days of passage shall be published once with the names of the Supervisors voting for and against it in the Contra Costa Times, a newspaper of general circulation published in this County. PASSED ON o5/22 0- by the following vote: AYES: GIOIA,UILKEMA,BONILLA,GLOVER,and PIEPHO NOES: None ABSENT: None ABSTAIN: None ATTEST: JOHN CULLEN, Clerk of the Board of Supervisors and County Administrator By: Chair MAM/am HACAO\bookingfeeord.wpd 2 ORDINANCE NO. 2007-2,61 I ' s Jane Pennington To: cctlegals@cctimes.com cc: 05/23/2007 09:38 AM Subject: request to publish an Ordinance Please publish the attached Ordinance in the Contra Costa Times legal advertising section, full circulation. Run date: Tuesday, May 29, 2007 Reference information: Booking Fees Thanks, Jane Pennington Chief Clerk, Contra Costa Board of Supervisors Ph 925-335-1908 Fax 925-335-1913 052207 Ordinance Text Booking Fees.doe REQUEST TO SPEAK FORM (3 Minute Limit) I.wish to speak on Agenda Item Complete this form and place it in the upright box near the Date: 6,51- 1Z 2 V speaker's podium, and wait to be called,by the Chair. My comments will be: Nr Gen a Personal itiforiiiation is optional. This speaker's card will be i»cotporated into the public record of this meeting. ❑ For Name(PRINT): I� Nes [-�r, e-t r1 „ Against To ensur•eyour name is announcecicorrectly,you may want to include its honetic spelling I wish to speak on the subject of. Address: CO C49 . � t Stc- cl��fia ¢ ct' ��e? City: Phone: I am speaking for: Id Myself C7 I do not want to speak but would like to 0 Organization: leave comments for the Board to consider' (Use the back of this form)