This Article implements in Tulare County the provisions of Government Code section 29550 et seq., which provide for criminal justice administrative fees.
(Amended by Ord. No. 3400, effective 1-7-10)
(a) 
Pursuant to Government Code section 29552, the County applies to the State each year to receive funding for criminal justice detention facilities. Pursuant to Government Code sections 29551 and 29552, the Board of Supervisors has established a Local Detention Facility Revenue Account on behalf of the Sheriff to receive any funding provided by the State. The funds in the Local Detention Facility Revenue Account shall be used exclusively for the purposes provided in those statutes.
(b) 
In every year in which at least thirty-five million dollars ($35,000,000) is appropriated statewide by the State for the purposes of Government Code section 29552, the County shall not collect any fees described in this Article. In any fiscal year in which the appropriation for the purposes of Government Code section 29552 is less than thirty-five million dollars ($35,000,000), the County may collect the fees described in this Article, up to the rate specified in this Article, in proportion to the amount that the amount appropriated is less than thirty-five million dollars ($35,000,000).
(c) 
To the extent that fees are authorized as set forth above, there is hereby imposed upon every city, special district, school district, community college district, college, or university a fee as provided in this Article, or pursuant to agreement with any city, special district, school district, community college district, college, or university as provided in this Article, for reimbursement of county expenses incurred with respect to the 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, college, or university, where the arrested person is brought to such county jail facility for booking or detention as provided in Government Code section 29550.
(d) 
The base amount of such fee shall be Sixty-Eight Dollars and Eighty-One Cents ($68.81), as of June 30, 2006. This fee shall be increased on July 1, 2006, and on every July 1 thereafter (the "Adjustment Dates"), by the California Consumer Price Index as reported by the Department of Finance plus one percent (1.0%), compounded annually.
(e) 
Such fee shall be payable on account of every booking or processing of a person at a Tulare County jail except as otherwise provided by this Article or Government Code section 29550.
(f) 
For purposes of this Article, the term "county jail" means and includes every adult detention facility operated by the County of Tulare.
(Amended by Ord. No. 3256, effective 05-22-01; amended by Ord. No. 3400, effective 1-7-10)
(a) 
The Sheriff's Department shall submit a quarterly invoice to every city, special district, school district, community college district, college, or university, for the criminal justice administrative fees owed by such entity for the prior quarter and for fees not invoiced for previous quarters.
(b) 
Any invoice for criminal justice administrative fees which remains unpaid in whole or in part after thirty (30) days shall bear interest at the legal rate per annum established pursuant to section 685.010 of the Code of Civil Procedure on the unpaid balance thereof.
(Amended by Ord. No. 3400, effective 1-7-10)
(a) 
To promote effective law enforcement, exceptions to the fee assessment are as follows:
(1) 
Multi-Agency Arrest: Arrests made by joint task forces and/or other multi-agency groups, where the County of Tulare is an active participant, will not be subject to a booking fee. In connection with arrests made by a joint task force or multi-agency group where the County of Tulare is not a participating member, the transaction will be billed to the agency whose employee places the arrested person in the custody of jail officials. If that agency is a non-billable entity, an entity not listed in section 1-05-1165(a), the transaction will be billed to a listed local agency involved in the arrest. It will be the responsibility of the arresting agencies to establish among themselves a mechanism for sharing such costs in an appropriate manner.
(2) 
In-Custody Arrests: No fee will be assessed to agencies who place additional or alternative charges on persons who are in custody in a County facility at the time.
(3) 
Warrants: A booking fee will be assessed on an arrest made pursuant to a warrant only when the warrant was issued on behalf of the arresting agency. Agencies will not be billed for arrests on warrants issued on behalf of a County law enforcement agency or any other local or State agency.
(b) 
Disputes as to whether a particular type of booking is subject to the established fees or falls within the exceptions shall be initially determined by the Sheriff. If the Sheriff's decision does not satisfactorily resolve the dispute, the dispute may be decided by the County Administrative Officer. If the County Administrative Officer does not satisfactorily resolve the dispute, the matter may be appealed to the Board of Supervisors pursuant to section 165 of this Code. The decision of the Board of Supervisors shall be final.
(Amended by Ord. No. 3559, effective 6-20-19)