San Benito County Municipal Code Art. XI Criminal Justice Administrative Fees

(A) There is hereby imposed upon every city, special district, school district, community college district, college or university, 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 every person arrested by an employee of such city, special district, college or university and brought to the county jail facility for booking or detention.

(B) The fees shall be payable on account of every booking or processing of a person at a 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 the county operated under the control of the county’s Sheriff-Coroner.

(D) Effective on and after September 1, 1991, the amount of the criminal justice administrative (booking fee) is hereby set at $42.33 per hour or $10.61 per each 15-minute increment or fraction thereof for the actual time involved in the booking or detention of a person at a county jail.

(1966 Code, § 21A-1) (Ord. 597, § 2; Ord. 589, § 1(part); Ord. 602, § 2)

Not later than November 30 in every calendar year and otherwise as ordered by the Board of Supervisors from time to time, the Clerk-Auditor-Recorder 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 the county, of booking or other processing of a person at any county jail. The report shall constitute a proposed fee pursuant to this article.

(1966 Code, § 21A-2) (Ord. 589, § 1(part))

(A) After this receipt of a report from the Clerk-Auditor-Recorder of the administrative costs of booking, or other processing of, a person brought to a 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 Cal. Gov’t Code § 54994.1; 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 Cal. Gov’t Code § 54986, together with a copy of the report, to every city, special district, school district, community college district, college or university in the county.

(Ord. 589 § 1(part))

(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 the county.

(Ord. 589 § 1(part))

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. 589 § 1(part))

(A) The Clerk-Auditor-Recorder 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 30 days, in addition to 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 plus accrued interest.

(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 Cal. Code of Civil Procedure § 685.010 on the unpaid balance thereof.

(Ord. 589 § 1(part))

The county administrative officer 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 any county jail for booking or detention.

(Ord. 589 § 1(part))