HomeMy WebLinkAbout1993-08-17; City Council; NS-254; Recover County criminal justice admin fees.....
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ORDINANCE NO. NS-254
AN ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA,
REQUIRING RECOVERY OF CRIMINAL JUSTICE
ADMINISTRATION FEES IMPOSED BY SAN DIEGO COUNTY
The City Council of the City of Carlsbad, Californ:
does ordain as follows:
SECTION 1: The County of San Diego has enacted
ordinance imposing criminal justice administration fees on t
City of Carlsbad in the amount of $154 per person pursuant
the authority of Government Code section 29550. Government Cc
section 29550.1 authorizes a city to recover any crimir
justice administration fees imposed by a county on the cj
pursuant to Government Code section 29550.
SECTION 2: The City of Carlsbad disputes the amoc
of the criminal justice administration fee imposed pursuant
said county ordinance, and has refused to pay said fee, pursuz
to the authority of Government Code section 907.
SECTION 3: Pursuant to the authority of Governmc
Code section 29550.1, the City Manager is authorized i
directed to recover all criminal justice administration fc
imposed on the City of Carlsbad by the County of San Diego.
SECTION 4: At such time as the dispute between t
City of Carlsbad and the County of San Diego as to the amount
the criminal justice administration fee is resolved, the Cj
Manager or his designee shall seek recovery of all crimir
justice administration fees from any person arrested and book
by officers of the City of Carlsbad and convicted of 2
criminal offense related to the arrest, as authorized
Government Code section 29550.1.
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SECTION 5: The courts of San Diego County are hereb
requested to order payment in the amount of $154 for th
criminal justice administration fees, as authorized k
Government Code section 29550.1, by convicted persons at th
time of entering judgment of conviction of any person arreste
and booked by officers of the City of Carlsbad. Execution c
the order for payment shall be made in the same manner as
judgment in a civil action.
SECTION 6: The courts of San Diego County are herek
requested to impose as a condition of probation an order thz
the convicted person reimburse the City of Carlsbad for crimine
justice administration fees imposed on the City of Carlsbad k
San Diego County in the amount of $154 as a result of tk
arrest, booking and processing of the convicted person.
SECTION 7: Until such time as the dispute between tk
City of Carlsbad and the county of San Diego as to the amount c
the criminal justice administration fee is resolved, the court
of San Diego County are hereby requested to have all criminz
justice administrative fees paid by convicted persons deposit6
into a trust account administered by the county, the coux
administrator, or the county auditor, to be held for the benef j
of those cities required to pay such fees to the county. I
such time as the aforementioned dispute is resolved, said citic
may recover the amount of criminal justice administration fec
previously paid into said trust fund, together with all intere:
accruing on such fees, and thereafter all of such fees are to I
collected by the cities as prescribed in Government Code sectic
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29550.1.
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SECTION 8: This ordinance shall not be codified.
EFFECTIVE DATE: This ordinance shall be effecti
thirty days after its adoption, and the city clerk shall certi
to the adoption of this ordinance and cause it to. be publish
at least once in the Carlsbad Sun within fifteen days after i
adopt ion.
INTRODUCED AND FIRST READ at a regular meeting of t
Carlsbad City Council on the 10th day of AUGUST , 199
and thereafter
PASSED AND ADOPTED at a regular meeting of the Ci
Council of the City of Carlsbad on the 17th day of AUGUST
1993, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Nygaard, Finnila
NOES: None
ABSENT: Council Member Kulchin
APEo
RONALD R. BALL,
FORM AND LEGALITY
R.
City Attorney
gll8/9 3.
ATTEST :
ALETHA L. RAUTENKRANZ, City Clekk
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