ARTICLE VIII. - CRIMINAL JUSTICE ADMINISTRATIVE FEE [44]


Sec. 22-120. - Fee imposed.

(a)

There is hereby imposed upon every city, special district, school district, community college district, college, or university in Kings County, a fee equal to the administrative costs, including applicable overhead costs, as determined from time to time by ordinance, of booking or other processing at any county jail of every person arrested or detained by an employee of such city, special district, school district, community college district, college, or university and brought to such county jail facility for booking, detention, or other processing.

(b)

Such fees shall be payable on account of every booking or processing of a person at a Kings County jail on and after July 1, 1990.

(c)

For the purpose of this fee, the term 'county jail' means and includes every detention facility in Kings County operated under the control of the Kings County Sheriff.

(Ord. No. 495, § 2, 4-9-91; Ord. No. 495.1, § 2, 4-2-02)

Sec. 22-121. - Auditor-controller report.

At least once in every calendar year and otherwise as ordered by the board of supervisors from time to time, the auditor-controller shall report to the board of supervisors the administrative costs, including the applicable overhead costs permitted by the federal circular A-87 standards last approved by the State of California for Kings County, of booking or other processing of a person at any Kings County jail. Such report shall constitute a proposed fee pursuant to this article.

(Ord. No. 495, § 2, 4-9-91; Ord. No. 495.1, § 2, 4-2-02)

Sec. 22-122 - Public hearing.

(a)

After its receipt of a report from the auditor-controller of the administrative costs of booking or other processing of a person brought to a Kings County jail for booking or detention, the board of supervisors shall direct that a public hearing be held at which any person may file written objections to the proposed fee or otherwise make oral or written presentations concerning the proposed fee at a regularly scheduled meeting of the board of supervisors.

(b)

The clerk of the board shall publish notice of the time and place of the hearing and a general explanation of the matter to be considered as required by Government Code section 6062a; and the clerk of the board shall mail notice of the hearing, including a general explanation of the matter to be considered, and a statement that the data required by the section is available, as required by Government Code section 54986, together with a copy of the report, to every city, special district, school district, community college district, college or university in Kings County and to all other persons as required by said Section 54986.

(Ord. No. 495, § 2, 4-9-91; Ord. No. 495.1, § 2, 4-2-02)

Sec. 22-123. - Findings and objections.

(a)

After hearing, the board of supervisors shall make findings and determinations on the report and on each written objection received, and shall determine the amount of the fee which may be imposed for the booking or other processing of a person brought to a county jail for booking or detention.

(b)

The clerk of the board shall mail a copy of the board's findings and determinations to every city, special district, school district, community college district, college or university in Kings County.

(Ord. No. 495, § 2, 4-9-91; Ord. No. 495.1, § 2, 4-2-02)

Sec. 22-124. - Fee determination.

After hearing and after making findings and determinations on the report and the written objections received, the board of supervisors may introduce and adopt an ordinance determining the amount of the fee to be imposed for the booking or other processing of a person brought to a county jail for booking or detention.

(Ord. No. 495, § 2, 4-9-91; Ord. No. 495.1, § 2, 4-2-02)

Sec. 22-125. - Collection of booking fees.

(a)

The auditor-controller shall submit an invoice to every city, special district, school district, community college district, college or university, for the criminal justice administrative fees owed by such entity.

(b)

If any invoice for criminal justice administration fees remains unpaid after 30 days, in addition to any other remedy otherwise available to it, the county may retain up to one-half of the property taxes to which the jurisdiction may otherwise be entitled, but not to exceed the amount of such invoice.

(c)

Any invoice for criminal justice administrative fees which remains unpaid in whole or in part after 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. This subsection shall not preclude the auditor from entering into a payment agreement with board approval providing for a payment schedule not including interest.

(Ord. No. 495, § 2, 4-9-91; Ord. No. 495.1, § 2, 4-2-02)

Sec. 22-126. - Regulations.

The county administrator is authorized to adopt regulations governing the application and administration of the criminal justice administrative fee for the booking or other processing of arrested or detained persons brought to any county jail for booking or detention.

(Ord. No. 495, § 2, 4-9-91; Ord. No. 495.1, § 2, 4-2-02)

Sec. 22-127. - Fee for processing persons brought to county jail.

The following fees shall be charged by the Kings County Sheriff for processing persons brought to the Kings County Jail after arrest and detention on and after July 1, 2011.

Per processing .....$112.00

(Ord. No. 612, § 2, 6-4-02; Ord. No. 617, § 2, 5-20-03; Ord. No. 638, § 2, 6-13-06; Ord. No. 642, § 2, 6-19-07; Ord. No. 644, § 2, 6-24-08; Ord. No. 649, § 2, 6-29-10; Ord. No. 652, § 2, 6-28-11)



FOOTNOTE(S):


(44) Editor's note— Section 2 of Ord. No. 495, adopted April 9, 1991, amended the Code by adding a new Article VII. In order to avoid duplication of article numbers, the editor has redesignated the provisions of Ord. No. 495 as Art. VIII, §§ 22-120—22-126 (Back)