Victorville Municipal Code Ch. 3.24 Cost Recovery for Juvenile Detention

This shall be known as the cost recovery for juvenile detention chapter of the Victorville Municipal Code.

(Ord. 1846 § 1 (part), 1997)

As used in this chapter, the following terms shall have the following meanings:

"Detention" means the period of time in excess of one hour which commences when the police department makes a reasonable attempt to contact the juvenile's parent or guardian and ends when the juvenile is released to the parent or guardian.

"Juvenile" or "minor" means an individual who is under the age of eighteen years who has been detained for violations of curfew, truancy, runaway or wilful misconduct in the violation of Welfare and Institution Section 602.

(Ord. 1846 § 1 (part), 1997)

The city council finds and determines that because the state prohibits placing juvenile offenders in a secure facility, deputies must be taken out of service in order to supervise juveniles waiting release to their parent and/or guardian. When deputies are taken out of service, they are unavailable to answer other calls for service, which severely restricts service delivery and response time, and may result in the use of overtime. This cost recovery chapter is meant to defray the expense of supervising a juvenile offender, and to motivate the parent or guardian to be timely in their response to take custody of the juvenile.

(Ord. 1846 § 1 (part), 1997)

(a) The parent or guardian of the juvenile shall be liable for the police service fee when:

(1) The juvenile has been detained for violations of curfew, truancy, runaway or wilful misconduct in the violation of Welfare and Institution Section 602; and

(2) The police department has made a reasonable attempt to contact the juvenile's parent or guardian by phone or in person at the parent or guardian's home, place of employment or place where the juvenile believes the parent or guardian to be; and

(3) The juvenile remains in the custody of the Victorville police for one hour or more after the police department has made a reasonable attempt to contact the juvenile's parent or guardian.

(b) The police service fee shall end when the juvenile is released to the parent or guardian.

(c) The police service fee shall be the actual cost of police personnel, equipment and other expenses relating to the detention of the juvenile.

(Ord. 1846 § 1 (part), 1997)

The parent, guardian or person responsible for the juvenile, shall be liable for the police service fee.

(Ord. 1846 § 1 (part), 1997)

(a) The Victorville police department shall notify the city finance department in writing of the name and address of the person responsible for the police service fee, the date and time of the incident, and the police services provided. The city finance department will then cause a bill to be sent to the person responsible, and such bill shall be due and payable within thirty days after the billing date.

(b) In addition to the actual charge for police personnel, equipment and any other expenses, the city will add a charge to cover the actual cost of billing and collection, or a flat fee of twenty dollars, whichever is greater.

(c) The amount due shall be deemed a debt to the city. Any action may be commenced in the name of the city and any court of jurisdiction for the amount of any unpaid fees. All fees shall be deemed delinquent thirty days after they are due and payable.

(Ord. 1846 § 1 (part), 1997)

(a) Any person receiving a bill for fees incurred for the detention of a juvenile shall have the right of appeal to the Victorville police chief or his designee. Such appeal shall be taken by filing with the Victorville police department, within ten days after the bill has been sent, a written statement setting forth fully the grounds of appeal. Otherwise, the bill will remain due and payable in full..

(b) The hearing shall be granted to the billing party before the Victorville police chief or his designee after not less than five days written notice to such billing party, stating the time and place where such hearing will be held. Such hearing may be continued by the Victorville police chief or his designee with the approval of the billing party.

(c) After the request for an appeal is received, the city finance department shall be notified by the Victorville police department to withhold collection procedures until the conclusion of the appeal hearing.

(d) At such hearing, the billing party may submit evidence. After or during the hearing, the police chief or his designee has the authority to deny the appeal, or to amend or eliminate the amount due for the cost of police personnel, equipment and expenses.

(e) The decision of the Victorville police chief or his designee shall be final and conclusive. The Victorville police department will notify the city finance department of the decision. If the appeal is denied in part or in full, all amounts due to the city shall be paid within thirty days.

(Ord. 1846 § 1 (part), 1997)