This chapter is enacted for the purpose of implementing Article 12 (commencing with Section 29550) of Chapter 2 of Division 3 of Title
3 of the
Government Code so as to provide reimbursement to the County for the costs incurred by it in connection with the booking and other processing of persons into County Jail facilities.
(SCC 0814 § 1, 1990; SCC
0979 § 1, 1995)
The Board of Supervisors hereby finds that unless the County
is reimbursed for such booking and other processing costs, it will
be required to fund those costs from revenue that would otherwise
fund both Countywide and unincorporated area services for which the
County is responsible. Under these circumstances, it is most equitable
for such costs to be borne by either the arresting agency or, in cases
where the County is not authorized to levy the booking and processing
fee on the arresting agency, the arrestee.
(SCC 0814 § 1, 1990; SCC
0979 § 1, 1995)
The definitions set forth in this section shall govern the interpretation
of such terms as used in this chapter.
a. "Designated
public agencies" shall mean those public agencies upon which the County
may impose a booking and processing fee pursuant to
Government Code
Section 29550.
b. "Booking
and other processing costs" shall mean the County's actual administrative
costs, including applicable overhead costs as permitted by federal
Circular A-87 standards, incurred in booking or otherwise processing
arrested persons.
c. "Actual
administrative costs" mean those costs for functions that are performed
in order to receive an arrestee into a County jail facility. Operating
expenses of the County jail facility including capitol costs and those
costs involved in the housing, feeding and care of inmates shall not
be included in calculating actual administrative costs. Actual administrative
costs may include the cost of notifying any designated public agency
of any change in the fee charged by the County pursuant to this chapter.
Actual administrative costs may also include any one or more of the
following as related to receiving an arrestee into a County jail facility:
1. The
searching, wristbanding, bathing, clothing, fingerprinting, photographing,
and medical and mental screening of an arrestee.
2. Document
preparation, retrieval, updating, filing and court scheduling related
to receiving an arrestee into the detention facility.
3. Warrant
service, processing and detainer.
4. Inventory
of an arrestee's money and creation of cash accounts.
5. Inventory
and storage of an arrestee's property.
6. Inventory,
laundry, and storage of an arrestee's clothing.
7. The
classification of an arrestee.
8. The
direct costs of automated services utilized in subdivisions 1-7 above.
9. Unit
management and supervision of the County jail facility as related
to subdivisions 1-7 above.
d. "Brought
to" means physically transported to a County jail facility and presented
to facility staff for booking or detention.
e. "County
jail facility" includes the Rio Cosumnes Correctional Center and the
Sacramento County Main Jail.
f. "County"
means the County of Sacramento.
(SCC 0814 § 1, 1990; SCC
0979 § 1, 1995; SCC 1028 § 1,
1996)
a. There
is hereby levied by the County a booking and processing fee on designated
public agencies for the booking and processing costs incurred by the
County with respect to any person arrested and brought to a County
jail facility by an employee of that designated public agency for
booking or detention. Consistent with
Government Code Section 29550(a)(1)
for the 2005-06 fiscal year and each fiscal year thereafter, the fee
imposed by the County shall not exceed one-half of the County's actual
administrative costs incurred in booking or otherwise processing arrested
persons.
b. Subject
to the limitations of
Government Code Section 29551(b)(1) and, notwithstanding
the provisions of subdivision (a) of this section, the booking and
processing fee shall not be levied on designated public agencies under
the following circumstances:
1. Designated
public agencies shall not be charged fees for arrests on any bench
warrant for failure to appear in court or on any arrest warrant issued
in connection with a crime not committed within the jurisdiction of
the arresting agency.
2. Designated
public agencies shall not be charged fees for a person who is ordered
by a court to be remanded to a County jail facility except that the
County may charge a fee to recover the direct costs for those functions
required to book a person pursuant to
Penal Code Section 853.6(g)
3. Designated
public agencies shall not be charged fees for arrests made pursuant
to arrest warrants originating outside their jurisdiction.
4. Designated
public agencies shall not be charged fees for parole violation arrests
or probation-ordered returns to custody unless a new charge has been
filed for a crime committed in the jurisdiction of the arresting agency.
5. Designated
public agencies shall not be charged fees for arrests made during
any riot, disturbance or event that is subject to a state of emergency
declared by the Governor.
6. Designated
public agencies shall not be charged fees for the arrest of a prisoner
who has escaped from a county, state, or federal detention or corrections
facility.
7. Designated
public agencies shall not be charged fees for arrestees held in temporary
detention at a court facility for purposes of arraignment when the
arrestee has been previously booked at the arresting agency's detention
facility.
8. Designated
public agencies shall not be charged fees for arrests made by their
officers who are assigned to a formal multiagency task force in which
the County is a participant. Formal multiagency task force means one
that has been established by written agreement of the participating
entities.
c. The
exemption of any designated public agency pursuant to this section
or pursuant to state law shall not exempt the person arrested from
the payment of fees for booking or other processing.
(SCC 0814 § 1, 1990; SCC
0979 § 1, 1995; SCC 1028 § 2,
1996; SCC 1359 § 1, 2007)
There is hereby levied by the County on any person brought to
a County jail facility pursuant to any arrest by either a County officer
or agent or an officer or agent of any governmental entity that is
not a designated public agency a criminal justice administration fee
for the booking and processing costs incurred by the County in booking
or otherwise processing any such person. Such fee shall be levied
only if the arrestee is convicted of a criminal offense related to
the arrest.
(SCC 0814 § 1, 1990; SCC
0979 § 1, 1995)
a. The fees levied pursuant to Sections
3.38.040 and
3.38.050 shall be established for each County jail facility by Resolution of the Board of Supervisors on an annual basis beginning in fiscal year 1990-91. Any increase in the fees shall be adopted prior to the beginning of each fiscal year. No increase in the fees shall be adopted unless the County has provided each designated public agency 45 days written notice of a public meeting held pursuant to Section 54952.2 of the
Government Code on the fee increase and the County has conducted the public meeting. Such fees shall be established on a per person basis and calculated by dividing the number of persons brought to the County jail facility in the fiscal year previous to the fiscal year in which the fee is adopted into the booking and processing costs for that County jail facility in such previous fiscal year. For example, the actual calculated booking fee for fiscal year 1994-95 shall become the booking fee charged in fiscal year 1996-97. There will be a one time exception to this for the Rio Cosumnes Correctional Center. The fiscal year 1996-97 booking fee shall be $37.76, the budgeted fiscal year 1995-96 rate, versus the $60.13 actual fiscal year 1994-95 rate.
b. If the
classification procedure at a County jail facility is separate and
distinct from the intake and booking procedure, a separate classification
fee shall be established for that facility. Such fee shall be established
on a per person basis by dividing the number of persons processed
for classification in the County jail facility in the fiscal year
previous to the fiscal year in which the fee is adopted into the costs
for that County jail facility in such previous fiscal year. For example,
the actual calculated classification rate for fiscal year 1994-95
shall become the classification rate charged for fiscal year 1996-97.
(SCC 0814 § 1, 1990; SCC
0979 § 1, 1995)
a. Designated public agencies shall be billed on a monthly basis for the booking and processing fee levied by Section
3.38.040. The County shall determine after the end of each month during the fiscal year the number of persons who have been arrested and brought to each County jail facility by employees of that designated public agency during the previous month. The monthly invoice for each designated public agency shall be calculated by multiplying the number of persons arrested and brought to each County jail facility by employees of that designated public agency by the per person booking and processing fee and, if applicable, by the per person classification fee.
b. The
County shall transmit a monthly invoice, except for the months of
July, August and September where the County may transmit a combined
invoice for all three months, to all designated public agencies that
have incurred a monthly booking and processing fee at a County jail
facility in the preceding month. Invoices shall be due and payable
upon receipt.
(SCC 0814 § 1, 1990; SCC
0979 § 1, 1995; SCC 1028 § 3,
1996)