Monterey County Municipal Code Ch. 2.92 Criminal Justice Administrative Fees

The County of Monterey hereby implements, effective July 1, 1990, the provisions of Article 12 (commencing with section 29550) of Chapter 2 of Division 3 of Title 3 of the Government Code, as amended, which provides, in pertinent part, legislative authority for counties to impose fees for reimbursement of County expenses incurred with respect to the booking or other processing of persons arrested by an employee of a city, special district, school district, community college district, college, university, County, or other governmental entity where the arrested persons are brought to the County Jail for booking or detention.

(Ord. 3639, 1992; Ord. 3520 § 3, 1991)

The fee charged for booking persons and otherwise processing arrested person at the County Jail shall be established annually by the Board of Supervisors by Resolution.

(Ord. 3639, 1992; Ord. 3520 § 3, 1991)

1. The city, special district, school district, community college district, college, or university which makes the arrest and booking shall be assessed the criminal justice administrative fee. The fee imposed shall not exceed the actual administrative costs, including applicable overhead costs as permitted by Federal Circular A-87 standards, incurred in booking or otherwise processing arrested persons.

2. If an officer or agent of the County arrests a person, the County is entitled to recover from the arrested person the criminal justice administrative fee for administrative costs it incurs in conjunction with the arrest if the person is convicted of any criminal offense related to the arrest. The fee imposed shall not exceed the actual administrative costs, including applicable overhead costs as permitted by Federal Circular A-87 standards, incurred in booking or otherwise processing arrested persons.

3. If an officer or agent of any governmental entity other than a city, special district, school district, community college district, college, university, or County arrests a person, the County is entitled to recover from the arrested person a criminal justice administration fee for administration costs incurred in conjunction with the arresting and booking if the person is convicted of any criminal offense relating to the arrest and booking. The fee imposed shall not exceed the actual administrative costs, as set forth in subdivision (c) of Section 29550.2 of the Government Code, including applicable overhead costs as permitted by Federal Circular A-87 standards, incurred in booking or otherwise processing arrested persons.

4. Multi-agency arrests and self-bookings will not be subject to a criminal justice administrative

(Ord. 3639, 1992; Ord. 3520 § 3, 1991)

The Sheriff's Department shall be responsible for billing and collection of criminal justice administrative fees owed to the County.

(Ord. 3639, 1992; Ord. 3520 § 3, 1991)

This Chapter shall automatically terminate upon the effective date of the repeal by the State of the jail booking fee authorization or upon adoption by the State of a final budget which specifically provides to the County in lieu funds of the same magnitude as the jail booking fees set forth in this Chapter, whichever occurs first.

(Ord. 3639, 1992; Ord. 3520 § 3, 1991)