HomeMy WebLinkAbout1993-08-10; City Council; 12361; IMPOSITION OF CRIMINAL JUSTICE ADMINISTRATION FEES/
-\i Cw OF CARLSBAD - AGEVA BILL v ,
AB # 11: 36 I
MTG. 8- 10-5'3
DEPT. TITLE: IMPOSITION OF CRIMINAL JUSTICE
CITY I DEPT. CA
CITY 1 ADMINISTRATION FEES
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I RECOMMENDED ACTION:
Introduce Ordinance No. flS-,2.5Y requiring recovery of crimir justice administration fees from convicted persons.
I ITEM EXPLANATION
The County of San Diego enacted an ordinance imposing crimii justice administration fees on the City of Carlsbad of $:
per person for the booking and processing of arrested persc
into county jail pursuant to the authority in Government Cc section 29550. The City disputes the amount of the : imposed by the County and is currently litigating the valid.
of the amount.
The City is authorized by Government Code section 29550.1
recover these fees from a person who is convicted as a res. of the arrest. The proposed ordinance requests judges in ~
for the criminal justice administration fees, beginn immediately. When the litigation is resolved, the fees w
be transferred to the City. Thereafter, they will continue
be imposed in the amount established by the litiyat
process.
Diego County to order convicted persons to reimburse the C
FISCAL IMPACT
The San Diego County Sheriff invoices the City of Carls approximately $200,000 per year for booking charges. 0 those persons subsequently convicted will be affected by t ordinance. The amount of fees recovered will depend on cooperation of the local judges in imposing repayment and ability and/or willingness of the defendant to make payment.
I EXHIBITS
1. Ordinance No. flS-257
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ORDINANCE NO. NS-254
AN ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNI
REQUIRING RECOVERY OF CRIMINAL JUSTICE
ADMINISTRATION FEES IMPOSED BY- SAN DIEGO COUNTk
The City Council of the City of Carlsbad, Califc
does ordain as follows:
SECTION 1: The County of San Diego has enact
ordinance imposing criminal justice administration fees c
City of Carlsbad in the amount of $154 per person pursua
the authority of Government Code section 29550. Governmenl
section 29550.1 authorizes a city to recover any cr:
justice administration fees imposed by a county on the
pursuant to Government Code section 29550.
SECTION 2: The City of Carlsbad disputes the E
of the criminal justice administration fee imposed pursui
said county ordinance, and has refused to pay said fee, pul
to the authority of Government Code section 907.
SECTION 3: Pursuant to the authority of Govel
Code section 29550.1, the City Manager is authorizec
directed to recover. all criminal justice administration
imposed on the City of Carlsbad by the County of San Dier
SECTION 4: At such time as the dispute betwe<
City of Carlsbad and the County of San Diego as to the amo’
the criminal justice administration fee is resolved, thc
Manager or his designee shall seek recovery of all cr:
justice administration fees from any person arrested and I
by officers of the City of Carlsbad and convicted o
criminal offense related to the arrest, as authoriz,
Government Code section 29550.1.
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SECTION 5: The courts of San Diego County are ht
requested to order payment in the amount of $154 for
criminal justice administration fees, as authorized
Government Code section 29550.1, by convicted persons at
time of entering judgment of conviction of any person arrc
and booked by officers of the City of Carlsbad. Executic
the order for payment shall be made in the same manner
judgment in a civil action.
.*
SECTION 6: The courts of San Diego County are h(
requested to impose as a condition of probation an order
the convicted person reimburse the City of Carlsbad for cril
justice administration fees imposed on the City of Carlsbi
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Suz 92 rroc& 13 San Diego County in the amount of $154 as a result of
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SECTION 7: Until such time as the dispute betwee:
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the criminal justice administration fee is resolved, the c(
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of San Die90 County are hereby requested to have all cril
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justice administrative fees paid by convicted persons depo:
into a trust account administered by the county, the (
administrator, or the county auditor, to be held for the bel
of those cities required to pay such fees to the county.
such time as the aforementioned dispute is resolved, said c:
may recover the amount of criminal justice administration
previously paid into said trust fund, together with all intc
accruing on such fees, and thereafter all of such fees are 1
collected by the cities as prescribed in Government Code sec
29550.1.
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SECTION 8: This ordinance shall not be codifiel
EFFECTIVE DATE: This ordinance shall be effe,
thirty days after its adoption, and the city clerk shall ce
to the adoption of this ordinance and cause it to'be pub1
at least'once in the Carlsbad Sun within fifteen days afte
adoption.
INTRODUCED AND FIRST READ at a regular meeting o
Carlsbad City Council on the 10th day of AUGUST 1
and thereafter
PASSED AND ADOPTED at a regular meeting of the
Council of the City of Carlsbad on the day of
1993, by the following vote, to wit:
AYES:
NOES :
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
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