Avenal Municipal Code Ch. 9 Criminal Justice Administrative

Sections:

3-9.01 Statutory authority.
3-9.02 Purpose.
3-9.03 Definitions.
3-9.04 Procedures.
3-9.05 Delinquencies.
3-9.06 Alternatives.
3-9.07 Reimbursement.
3-9.08 Appeal. 3-9.01 Statutory authority. This chapter is enacted in accordance with the provisions of Sections 29550 and 29550.1 of the California Government Code and Article VIII, Section 22-120 of the Kings County Code. (Ord. 94-03 § 1 (part), 1994) 3-9.02 Purpose. The purpose of this chapter is to provide for the recovery of fees imposed against the City of Avenal for the reimbursement of expenses incurred by the County of Kings in the booking or other processing of persons arrested by employees or agents of the City of Avenal and brought to the Kings County Jail for booking or detention. (Ord. 94-03 § 1 (part), 1994)

Title 3 FINANCE Avenal, California, Code of Ordinances Page 38 3-9.03 Definitions. (a) Criminal justice administrative fee. As used in this chapter, "Criminal Justice Administrative Fee" shall mean the fees provided for by California Government Code Section 29550 and Article VIII, Section 22-120 of the Kings County Code. (b) Criminal justice administrative fee recovery program. As used in this chapter, "Criminal Justice Administrative Fee Recovery Program" (the "Program") shall mean the City of Avenal's program for the recovery of criminal justice administrative fees in pursuant to the provisions of California Government Code Section 29550.1 and in accordance with the procedures set forth in this chapter. (c) Program Manager. As used in this chapter, "Program Manager" shall mean the City Manager of the City of Avenal or any individual or individuals designated by the City Manager to perform the functions of Program Manager. (Ord. 94-03 § 1 (part), 1994) 3-9.04 Procedures. (a) A person arrested by an officer or agent of the City of Avenal will be billed for the amount of any criminal justice administrative fee imposed against the City of Avenal if the arrested person is convicted of any criminal offense related to the arrest. (b) The City of Avenal will bill the arrested and convicted person for the criminal justice administrative fees imposed by the County of Kings pursuant to Government Code Section 29550 and Kings County Ordinance No. 495, Section 2 (Article VIII, Section 22-120 et seq. of the Kings County Code). (c) The City of Avenal will treat the bill for criminal justice administrative fees as a civil debt of that person which is collectible by the City in the same manner as a contract obligation. (Ord. 94-03 § 1 (part), 1994) 3-9.05 Delinquencies. (a) If the bill for criminal justice administrative fees is not paid within thirty (30) days after the initial bill is mailed by the City, or no arrangements are made for partial payment during the thirty (30) dayperiod, then the bill will be considered delinquent. (b) If a person refuses to pay a bill for criminal justice administrative fees, the City may pursue recovery in Small Claims Court. Such an action will not be initiated until after the criminal charges have been adjudicated. (Ord. 94-03 § 1 (part), 1994) 3-9.06 Alternatives. (a) As an alternative to the procedure set forth in Section 3-8.04 of this chapter, the City may, in all appropriate cases: (1) Seek to have payment of the bill for criminal justice administrative fees imposed as a condition of probation; or (2) Seek to have an order for payment of the amount of the criminal justice administrative fees included in the judgment of conviction. (b) In all cases where an order for payment of the amount of the criminal justice administrative fee is included in the judgment of conviction, execution may be issued on the order in the same manner as a judgment in a civil action, but the order shall not be enforceable by contempt.

Title 3 FINANCE Avenal, California, Code of Ordinances Page 39 (Ord. 94-03 § 1 (part), 1994) 3-9.07 Reimbursement. If a person who has paid a bill for criminal justice administrative fees is not convicted of criminal charges, the City will allow for reimbursement. A request for reimbursement must be made within thirty (30) days after the defendant has been acquitted or the charges against the defendant have been dismissed. (Ord. 94-03 § 1 (part), 1994) 3-9.08 Appeal. Any person receiving a bill for criminal justice administrative fees has the right to appeal the bill to the Program Manager within thirty (30) days of receipt of the bill. The Program Manager will review the bill for accuracy. If the bill is found to be in error, then the bill will be corrected or, if appropriate, rescinded. (Ord. 94-03 § 1 (part), 1994)