HomeMy WebLinkAbout1993-08-17; City Council; 12372; ADOPTION OF ORDINANCE NO. NS-254-- IMPOSITION OF CRIMINAL JUSTICE ADMINISTRATION FEESi
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IMPOSITION OF CRIMINAL JUSTICE MTG.&LL$&3-
TITLE: ADOPTION OF ORDINANCE NO. NS-254 --
DEPT. CLK ADMINISTRATION FEES
DEPT.
CITY 1
CITY I
RECOMMENDED ACTION:
Adopt Ordinance No. NS-254, requiring recovery of criminal justice administration fe
from convicted persons.
ITEM EXPLANATION
Ordinance No. NS-254 was introduced at the regular City Council meeting of August 1
1993. The second reading allows Council to adopt the ordinance which would th,
become effective in thirty days. The City Clerk will have the ordinance published in t
"Carlsbad Sun" within fifteen days, if adopted.
FISCAL IMPACT
See Agenda Bill No. 12,361 on file with the City Clerk.
EXHIBIT
1. Ordinance No. NS-254.
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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, Califor
does ordain as follows:.
SECTION 1: The County of San Diego has enacte
ordinance imposing criminal justice administration fees or
City of Carlsbad in the amount of $154 per person pursuar
the authority of Government Code section 29550. Government
section 29550.1 authorizes a city to recover any crir
justice administration fees imposed by a county on the
pursuant to Government Code section 29550.
SECTION 2: The City of Carlsbad disputes the a]
of the criminal justice administration fee imposed pursua]
said county ordinance, and has refused to pay said fee, pur:
to the authority of Government Code section 907.
SECTION 3: Pursuant to the authority of Gover:
Code section 29550.1, the City Manager is authorized
directed to recover. all criminal justice administration
imposed on the City of Carlsbad by the County of San Dieg
SECTION 4: At such time as the dispute betwee
City of Carlsbad and the County of San Diego as to the amou
the criminal justice administration fee is resolved, the
Manager or his designee shall seek recovery of all cri
justice administration fees from any person arrested and. k
by officers of the City of Carlsbad and convicted 03
criminal offense related to the arrest, as authorizt
Government Code section 29550.1.
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SECTION 5: The courts of San Diego County are.her
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 arres
and booked by officers of the City of Carlsbad. Execution
the order for payment shall be made in the same manner a
judgment in a civil action.
SECTION 6: The courts of San Diego County are her
requested to impose as a condition of probation an order t
the convicted person reimburse the City of Carlsbad for criml
justice administration fees imposed on the City of Carlsbac
San Diego County in the amount of $154 as a result of
arrest, booking and processing of the convicted person.
SECTION 7: Until such time as the dispute between
City of Carlsbad'and the county of San Diego as to the amoun-
the criminal justice administration fee .is resolved, the COI
of San Diego County are hereby requested to have all crim:
justice administrative fees paid by convicted persons depos:
into a trust account administered by the county, the c
administrator, or the county auditor, to be held for the ben
of those cities required to pay such fees to the county.
such time as the aforementioned dispute is resolved, said ci
may recover the amount of criminal justice administration
previously paid into said trust fund, together with all inte
accruing on such fees, and thereafter all of such fees are t
collected by the cities as prescribed in Government code sec
29550.1.
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SECTION 8: This ordinance shall not be codified
EFFECTIVE DATE: ' This ordinance shall be effec
thirty days after its adoption, and the city clerk shall cer
to the adoption of this ordinance and cause it to'be publi
at least once in the Carlsbad Sun within fifteen days after
adoption.
INTRODUCED AND FIRST READ at a regular meeting of
Carlsbad City Council on the 10th day of AUGUST ,I
and thereafter
PASSED AND ADOPTED at a regular meeting of the
Council of the City of Carlsbad on the 17th day of A~GU~
1993, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Nygaard, Finnila
NOES: None
ABSENT: Council Member Kulchin
APE Fk:
RONALD R. BALL, City
ATTEST!
ALETHA L. RAUTENKRANZ, City Cle&k
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