Butte County Municipal Code Art. I In General

* Editor's note—Sections 1 and 2 of Ord. No. 2393, adopted March 20, 1984, added Arts. II and III to Ch. 36; the editor has designated the existing provisions of Ch. 36, §§ 36-1—36-4, as Art. I.

This chapter is applicable to all persons, as defined in section 1209 of the Penal Code, who are sentenced to the Butte County Jail as a final sentence or as a condition of probation and are allowed by the court to continue in their regular employment by serving the sentence on weekends or on other days during the week which are nonwork days.

(Ord. No. 2380, § 1, 11-15-83)

The sheriff is hereby authorized to charge a fee to each person confined in the Butte County Jail. The amount of the fee shall include a one-time fee of twenty-five dollars ($25.00) to defray the expenses of the initial booking into the jail, and a daily fee of twenty-three dollars and sixty cents ($23.60) for each day in custody.

(Ord. No. 2380, § 1, 11-15-83)

The ability to pay the applicable fee shall be determined by a hearing conducted by the appropriate court pursuant to section 1209 of the Penal Code. At the court's request, the treasurer-tax collector may provide assistance to the courts as necessary to determine a person's "ability to pay" as defined in Penal Code section 1209.

(Ord. No. 2380, § 1, 11-15-83)

The sheriff shall collect the appropriate fee upon completion of each weekly period of confinement until the sentence has been served.

(Ord. No. 2380, § 1, 11-15-83)

This ordinance [Sections 36-5—36-5.7] implements in Butte County the provisions of Government Code Aection 29550 (1990 Statutes, Chapter 466, Section 1 (SB 2557)), which provide for criminal justice administrative (booking) fees.

(Ord. No. 2898, 1-8-91)

(a) There is hereby imposed upon every city, special district, school district, community college district, college, or university, a fee adopted by Resolution of the Board of Supervisors as part of the Butte County Master Fee Schedule for the booking or other processing at the county jail of every person arrested by an employee of such city, special district, school district, community college district, college, or university and brought to the county jail facility for booking or detention.

(b) Such fees shall be payable on account of every booking or processing of a person at the Butte County jail not to exceed one-half (½) of the actual administrative costs, including applicable overhead costs, as authorized by Government Code Section 29550.

(c) For the purpose of this fee, the term "county jail" means the detention facility located at 33 County Center Drive, Oroville, California.

(Ord. No. 2898, 1-8-91; Ord. No. 4030, § 1, 6-28-11)

An allied police agency which has implemented and utilized a computerized jail management systen (JMS) for purposes of processing for booking and detention every person arrested by such police agency shall be charged a reduced fee as provided by Government Code Section 29550(a)(3). The amount of the reduced fee shall be adopted by Resolution of the Board of Supervisors as part of the Butte County Master Fee Schedule.

(Ord. No. 3478, § 1, 1-26-99; Ord. No. 3854 § 1, 6-24-03; Ord. No. 4030, § 2, 6-28-11)

Editor's note— Section 3 of Ord. No. 4030, adopted June 28, 2011, deleted § 36-5.2, which pertained to auditor-controller report, and derived from Ord. No. 2898, adopted Jan. 8, 1991; and Ord. No. 3854, adopted June 24, 2003.

(a) Any adjustment to the fee for the booking or other processing at the county jail of every person arrested by an employee of such city, special district, school district, community college district, college, or university and brought to the county jail facility for booking or detention shall be considered at a public hearing 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 66018; and the clerk of the board shall make available 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. Any increase in a fee charged pursuant to this section shall be adopted prior to the beginning of the fiscal year and will only be adopted after each city, special district, school district, community college district, college, or university is provided forty-five (45) days' written notice of the public hearing, as required by Government Code Section 29550.

(Ord. No. 2898, 1-8-91; Ord. No. 4030, § 4, 6-28-11)

Editor's note— Section 5 of Ord. No. 4030, adopted June 28, 2011, deleted § 36-5.4, which pertained to findings on objections, and derived from Ord. No. 2898, adopted Jan. 8, 1991.

Editor's note— Section 6 of Ord. No. 4030, adopted June 28, 2011, deleted § 36-5.5, which pertained to fee determination, and derived from Ord. No. 2898, adopted Jan. 8, 1991.

(a) The Sheriff shall submit a monthly invoice to every city, special district, school district, community college district, college or university, for the criminal justice administrative fees owed by such entity for the prior month and for fees not invoiced for previous months.

(b) If any invoice for criminal justice administration fees remains unpaid after thirty (30) days, in addition to any other remedy otherwise available to it, the county may retain up to one-half (½) of the property taxes to which the jurisdiction may otherwise be entitled, but not to exceed the amount of such invoice plus accrued interest.

(c) Any invoice for criminal justice administrative fees which remains unpaid in whole or in part after thirty (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.

(Ord. No. 2898, 1-8-91; Ord. No. 4030, § 7, 6-28-11)

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 persons brought to the county jail for booking or detention.

(Ord. No. 2898, 1-8-91)