Yuba County Municipal Code Ch. 5.40 Criminal Justice Administrative Fee

A Criminal Justice Administration Fee is hereby established for the reimbursement of County expenses incurred with respect to booking or otherwise processing of arrested persons.

(Prior Code, § 5.40.010; Ord. No. 1079)

State Law reference— Authority for fee, Government Code § 29550.

Subject to the provisions of Government Code § 29551, the amount of the fee is hereby determined to be as established in Section 13.00.050 based upon the County's actual administrative costs, including applicable overhead costs as permitted by Federal Circular A-87 standards, incurred in booking or otherwise processing arrested persons.

(Prior Code, § 5.40.020; Ord. No. 1079)

"Booking or otherwise processing" means any and all activities necessary or appropriate for the reception and detention of arrested persons at a County adult detention facility, from the time the arrested person is initially presented to facility staff, until the person is either released or assigned to permanent housing within the facility.

(Prior Code, § 5.40.030; Ord. No. 1079)

The County shall submit invoices, due and payable in 30 days, to cities, special districts, school districts, community college districts, colleges and universities for County expenses incurred by the County for applicable bookings.

(Prior Code, § 5.40.040; Ord. No. 1079)

(a) Invoices shall be sent only for applicable bookings. "Applicable bookings" shall mean those bookings where a city, special district, school district, community college district, college or university employee brings an arrestee to a County adult detention facility for booking or detention.

(b) Notwithstanding Subsection (a), a city, special district, school district, community college district, college, or university shall not be charged fees for arrests on any bench warrant for failure to appear in court, nor on any arrest warrant issued in connection with a crime not committed within the entity's jurisdiction.

(c) Notwithstanding Subsection (a), a city, special district, school district, community college district, college, or university shall not be charged fees for a person who is ordered by a court to be remanded to the County Jail except that a County may charge a fee to recover those direct costs for those functions required to book a person pursuant to Penal Code § 856.6(g).

(d) Notwithstanding Subsection (a), a city, special district, school district, community college district, college, or university shall not be charged fees for arrests made pursuant to arrest warrants originating outside of its jurisdiction.

(e) Notwithstanding Subsection (a), no fees shall be charged to a city, special district, school district, community college district, college, or university on parole violation arrests or probation-ordered returns to custody, unless a new charge has been filed for a crime committed in the jurisdiction of the arresting city, district, college, or university.

(f) An agency making a mutual aid request shall pay fees in accordance with Subsection (a) that result from arrests made in response to the mutual aid request except that in the event the Governor declares a state of emergency, no agency shall be charged fees for any arrest made during any riot, disturbance, or event that is subject to the declaration.

(g) Notwithstanding Subsection (a), no fees shall be charged to a city, special district, school district, community college district, college, or university for the arrest of a prisoner who has escaped from a County, State, or Federal detention or corrections facility.

(h) Notwithstanding Subsection (a), no fees shall be charged to a city, special district, school district, community college district, college, or university for arrestees held in temporary detention at a court facility for purposes of arraignment when the arrestee has been previously booked at an entity detention facility.

(i) Notwithstanding Subsection (a), no fees shall be charged to a city, special district, school district, community college district, college, or university as the result of an arrest made by its officer assigned to a formal multiagency task force in which the County is a participant. For the purposes of this Section, "formal task force" means a task force that has been established by written agreement of the participating agencies.

(j) If the cities in the County and the County participate in a consolidated booking program and where prior to arraignment an arrestee is transferred from a city detention facility to a County detention facility, the city shall not be charged for those tasks listed in Government Code § 29550(d) that are a part of the consolidated booking program which were completed by the city prior to delivering the arrestee to the County detention facility. However, the County shall charge up to one-half the actual administrative costs for those additional tasks listed in Government Code § 29550(d) that are performed in order to receive the arrestee into the County detention facility.

(Prior Code, § 5.40.050; Ord. No. 1079)

State Law reference— Similar provisions, Government Code § 29551(b).

The County may avail itself of all remedies available at law or equity, including, but not limited to, offset of any delinquent amount due, to collect sums owed to the County pursuant to the Criminal Justice Administration Fee established by this Chapter.

(Prior Code, § 5.40.060; Ord. No. 1079)

The provisions of this Chapter shall be deemed to be severable, and if any part of this Chapter, or any State law authorizing it, should be declared unconstitutional on its face or as applied to any entity, the remaining portions of this Chapter would still have been adopted.

(Prior Code, § 5.40.080; Ord. No. 1079)