Madera County Municipal Code Ch. 3.33 Criminal Justice Collection and Cost Recovery Fees

A. The board of supervisors of the county of Madera finds that the costs of providing certain services as part of the criminal and juvenile justice system impose substantial burdens on the county, and that unless the county is reimbursed for such costs, it will be required to fund these costs from revenue that would otherwise fund both county-wide and unincorporated area services for which the county is responsible.

B. The provisions of Sections 987.5, 987.8(c), 987.81, 1202.4, 1203.1, 1203.1b, and 1203.1c of the California Penal Code and Section 903.15 of the California Welfare and Institutions Code are made operative in the county of Madera, as the California Legislature requires the board of supervisors to formally declare the provisions of those sections operable before the fees and charges authorized by those sections can be collected in the county of Madera.

(Ord. No. 489A, § 3, 6-22-10).

A. The following fees and charges are hereby established, to be collected from adult defendants, minors detained for delinquency or adjudicated to be delinquent, and their families (when applicable):

1—3.

Reserved.

4. An administrative fee equal to fifteen percent of the total amount of restitution ordered by a court to be paid to a victim, to be added to the amount of restitution. (Penal Code Section 1203.1(I).)

5. An administrative fee equal to ten percent of the total amount of restitution fines ordered by a court, to be added to the amount of restitution fines. (Penal Code Section 1202.4(1).)

6. An administrative fee equal to ten percent of the total amount of restitution ordered by a court to be paid by a juvenile delinquent to a victim, to be added to the amount of restitution. (Welfare and Institutions Code Section 730.6(q).)

7. Reserved.

8. A fee equal to the cost of any medical examination conducted on the victim of child abuse or neglect to determine the extent of such abuse or neglect, to be collected from the defendant upon conviction of any offense involving child abuse or neglect. (Penal Code Section 1203.1h(a).)

9. A fee equal to the cost of any medical examination conducted on the victim of sexual assault or attempted sexual assault, including child molestation, to determine the extent of such assault, to be collected from the defendant upon conviction of any offense involving sexual assault or attempted sexual assault, including child molestation. (Penal Code Section 1203.1h(b).)

10. A fee of twelve dollars and fifty cents for drug testing of minors on probation for drug offenses. (Welfare and Institutions Code Section 729.9.)

11. A fee of twelve dollars and fifty cents for drug testing of adults on probation for drug offenses. (Penal Code Section 1203.1ab.)

12—15.

Reserved.

16. A fee for the actual costs of confinement, to be charged against any defendant who is sentenced to confinement in the county jail but who is allowed by court order to serve his/her sentence on weekends or similar period during the week other than regular work days, and who is ineligible for work furlough, to be collected by and allocated for the operating expenses for the department of corrections. (Penal Code Section 1209.)

17. A fee for the actual costs of court-ordered confinement in the county jail after conviction of a crime, including incarceration pending disposition of the underlying case, with the determination of actual costs to be reviewed annually. For fiscal year 2010-2011, the actual costs of incarceration shall be seventy-three dollars per day. (Penal Code Section 1203.1c.)

18. A fee of twenty-two dollars and ninety cents per minor per day for the reasonable costs of support of minors placed or detained in or committed to the county juvenile detention facility or county juvenile correctional camp program. (Welfare and Institutions Code Section 903.)

19. A fee of one hundred twenty-five dollars per minor per day for the reasonable costs of support of minors from other counties who are placed or detained in or committed to the county juvenile correctional camp program. (Welfare and Institutions Code Section 872, 883.)

20, 21.

Reserved.

22. A fee of one hundred dollars for each twenty-four-hour period that a minor remains in custody because of the minor's parent's refusal to take delivery of the minor. (Welfare and Institutions Code Section 903.25.)

23. Reserved.

24. A service charge for the services of the probation department as trustee for collection of payments made under subsections (a), (c), (d), or (f) of Welfare and Institutions Code Section 276, with such service charge to be two percent of the payments, but with such service charge not to be collected for services relating to child support. (Welfare and Institutions Code Section 279.)

25. Restitution for the costs of an emergency response by a county agency to an incident caused by the defendant. (Penal Code Section 1203.11, Government Code Section 53150.)

26. Reserved.

B. Except where such fees are set by state law and stated in this chapter, the exact amount of the fees authorized in this chapter shall be as adopted by resolution of the board of supervisors. The fee amounts that are not expressly set by state law shall be subject to automatic annual adjustment every July 1st based on the Consumer Price Index as determined by the U.S. Department of Labor, Bureau of Labor Statistics, but such automatic adjustment shall not exceed four percent, unless a different adjustment rate and schedule is specified by state law.

C. To the extent that state law specifies that imposition or collection of such fees is contingent on a person's ability to pay, the amounts to be collected may be adjusted by the probation department if the person against whom the fee is charged is unable to pay.

D. Except as otherwise required by state law or as otherwise specified in this chapter, collection of all fees and charges levied under this chapter, and evaluation of liability for reimbursement under the Welfare and Institutions Code, shall be by the revenue services division of the auditor-controller, with the assistance of the probation department.

E. Except as otherwise required by state law or as otherwise specified in this chapter, all proceeds from fees and charges collected under this chapter shall be deposited in the county general fund for appropriation by the board of supervisors as with any other source of revenue not designated for a particular use. The board of supervisors may elect to expend such proceeds for the budgetary use of the county department or agency that incurs the expense that is offset by a particular fee or charge.

(Ord. No. 489D, § 1, 10-3-23; Ord. No. 489C, § 1, 8-3-21; Ord. No. 489B, § 1, 7-12-11; Ord. No. 489A, § 3, 6-22-10).

A. In any case in which a defendant is convicted of an offense and granted probation, the court, taking into account any amount which the defendant is ordered to pay in fines, assessments and restitution, shall make a determination of the ability of the defendant to pay all or a portion of the reasonable cost of probation, and of conducting the pre-sentence investigation and preparing the pre-sentence report made pursuant to Penal Code Section 1203. The reasonable cost of these services and of probation shall not exceed the amount determined to be the actual average cost thereof. The chief probation officer has determined that for fiscal year 2010—2011, the average cost of probation is thirty-six dollars per month for monthly probation supervision, the cost of the pre-sentence investigation report is seven hundred fifty dollars, and the cost per supplemental or misdemeanor probation report is three hundred seventy-five dollars.

B. The court shall order the defendant to appear before the county probation department or revenue services division, as designated by the court, to make an inquiry into the ability of the defendant to pay all or a portion of such costs. At a hearing, the defendant shall be entitled to have, but shall not be limited to, the opportunity to be heard in person, to present witnesses and other documentary evidence, to confront and cross-examine adverse witnesses, and shall be entitled to disclosure of any evidence against the defendant and a written statement of the findings of the court or the county officer.

C. If the court determines that the defendant has the ability to pay all or part of the costs, the court shall set the amount to be reimbursed and order the defendant to pay that sum to the county in the manner which the court believes reasonable and compatible with the defendant's financial ability; or with the consent of the defendant, the court shall order the probation officer to set the maximum amount of payment, which shall not exceed the maximum amount set by the court, and the manner in which the payment shall be made to the county. In making a determination of whether a defendant has the ability to pay, the court shall take into account the amount of any fine imposed upon the defendant and any amount the defendant has been ordered to pay in restitution. The court may hold additional hearings during the probationary period.

D. If practicable, the court or the probation officer shall order payments to be made on a monthly basis. Execution may be issued on the order in the same manner as the judgment in a civil action. The order to pay all or part of the costs shall not be enforced by contempt.

E. A payment schedule for reimbursement of the costs of pre-sentence investigation based on income shall be developed by the probation department and shall be approved by the presiding judge of the Superior Court.

F. For purposes of this section, "ability to pay" means the overall capability of the defendant to reimburse the costs, or a portion of the costs, of conducting the pre-sentence investigation, preparing the pre-sentence report, and probation, and includes, but is not limited to, the defendant's:

1. Present financial position;

2. Reasonably discernible future financial position. In no event shall the court consider a period of more than six months from the date of the hearing for purposes of determining reasonably discernible future financial position;

3. Likelihood that the defendant shall be able to obtain employment within the six-month period from the date of the hearing;

4. Any other factor or factors which may bear upon the defendant's financial capability to reimburse the county for the costs.

G. At any time during the pendency of the judgment rendered according to the terms of Section 1203.1b of the Penal Code, a defendant against whom a judgment has been rendered may petition the court to modify or vacate its previous judgment on the grounds of a change of circumstances with regard to the defendant's ability to pay the judgment. The court shall advise the defendant of this right at the time of rendering of the judgment.

H. All sums paid by the defendant pursuant to Penal Code Section 1203.1b and this section shall be allocated for the operating expenses of the county probation department.

(Ord. No. 489A, § 3, 6-22-10).