ORDINANCE NO. 755

AN ORDINANCE OF THE COUNTY OF RIVERSIDE

ESTABLISHING A CRIMINAL JUSTICE ADMINISTRATION FEE

PURSUANT TO GOVERNMENT CODE SECTION 29550(c) AND SECTION 29550.2

  The Board of Supervisors of the County of Riverside, State of California, ordains as follows:

Section 1. Pursuant to Government Code Section 29550(c) any county whose officer or agent arrests a person is entitled to recover from the arrested person a Criminal Justice Administration Fee for administrative costs it incurs in conjunction with the arrest if the person is convicted of any criminal offense related to the arrest whether or not it is the offense for which the person was originally booked.

Section 2. Pursuant to Government Code Section 29550.2 any person booked into a county jail pursuant to any arrest by a governmental entity not specified in Government Code Section 29550 or Government Code Section 29550.1 is subject to a Criminal Justice Administration Fee for administrative costs incurred in conjunction with the arresting and booking if that person is convicted of any criminal offense related to the arrest and booking.

Section 3. The fee imposed pursuant to Government Code Section 29550(c) should not exceed the actual administrative costs, including applicable overhead costs incurred in the booking or otherwise processing arrested persons.

Section 4. The fee imposed pursuant to Government Code Section 29550.2 should not exceed the actual administrative costs, as defined in Government Code Section 29550.2(c) including applicable overhead costs estimated by Federal Circular A-87 standards, incurred in booking or otherwise processing arrested persons.

Section 5. If the person subject to the Criminal Justice Administration Fee pursuant to Government Code Section 29550(c) or Government Code Section 29550.2 has the ability to pay, a judgment of conviction shall contain an order for payment of the amount of the Criminal Justice Administration Fee by the convicted person, and execution may be issued on the order in the same manner as a judgment in a civil action, but the order shall not be enforceable by contempt and further, the court shall, as a condition of probation, order the convicted person to reimburse the county for the Criminal Justice Administration Fee.

Section 6. All fees collected by a county pursuant to Government Code Section 29550(c) or Government Code Section 29550.2 may be deposited in to a special fund in that county which shall be used exclusively for the operation, maintenance and construction of county jail facilities.

Section 7. Pursuant to Government Code Section 29550(c) and Government Code Section 29550.2, a Criminal Justice Administration Fee is hereby imposed on any person booked into a county jail pursuant to any arrest as provided herein in the amount of $110.40.

Section 8. The amount of the fee set forth in Section 7 of this Ordinance does not exceed the actual administrative costs, as defined in subdivision (c), of Government Code Section 29550.2, including applicable overhead costs as permitted by Federal Circular A-87 standards, incurred in the booking or other processing of arrested persons nor does it exceed the actual administrative costs, including applicable overhead costs incurred in booking or otherwise processing arrested persons.

Section 9. The fee set forth herein shall apply to all arrests of any person booked into county jail pursuant to Government Code Section 29550(c) and/or an arrest by any governmental entity not specified in Government Code Section 29550 or Government Code Section 29550.1 resulting in booking at a county jail on or after the effective date of this ordinance.

Section 10. It is the intent of the Board of Supervisors to exercise its statutory authority to impose a Criminal Justice Administration Fee to the maximum extent possible. If any provision of this ordinance or the applicable thereof to any person or circumstance may be held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provisions or applications and to this end the provisions of this ordinance are severable.

Section 11. This ordinance shall take effect 30 days after its adoption.

ADOPTED: 10-8-96 (Eff.: 11-7-96)