2005 California Government Code Sections 29550-29550.3 Article 12. Criminal Justice Administrative Fees

29550.  (a) (1) Notwithstanding any other provision of law, a county
may impose a fee upon a city, special district, school district,
community college district, college, or university for reimbursement
of county expenses incurred with respect to the booking or other
processing of persons arrested by an employee of that city, special
district, school district, community college district, college, or
university, where the arrested persons are brought to the county jail
for booking or detention.  The fee imposed by a county pursuant to
this section shall not exceed the actual administrative costs,
including applicable overhead costs as permitted by federal Circular
A-87 standards, as defined in subdivision (d), incurred in booking or
otherwise processing arrested persons.  For the 2005-06 fiscal year
and each fiscal year thereafter, the fee imposed by a county pursuant
to this subdivision shall not exceed one-half of the actual
administrative costs, including applicable overhead costs as
permitted by federal Circular A-87 standards, as defined in
subdivision (d), incurred in booking or otherwise processing arrested
persons.  A county may submit an invoice to a city, special
district, school district, community college district, college, or
university for these expenses incurred by the county on and after
July 1, 1990.  Counties shall fully disclose the costs allocated as
federal Circular A-87 overhead.
   (2) Any increase in a fee charged pursuant to this section shall
be adopted by a county prior to the beginning of its fiscal year and
may be adopted only after the county has provided each city, special
district, school district, community college district, college, or
university 45 days written notice of a public meeting held pursuant
to Section 54952.2 on the fee increase and the county has conducted
the public meeting.
   (3) Any county that imposes a fee pursuant to this section shall
negotiate a reduced fee with any city, special district, school
district, community college district, college, or university within
the county for any services that are performed by the arresting
agency in the processing of arrestees that do not have to be
duplicated by the county.
   (4) This subdivision shall not apply to counties that are under a
contractual agreement with a city, special district, school district,
community college district, college, or university within the county
that is subject to the fee.
   (b) The exemption of a local agency from the payment of a fee
pursuant to this subdivision does not exempt the person arrested from
the payment of fees for booking or other processing.
   (1) Notwithstanding subdivision (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.
   (2) Notwithstanding subdivision (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 subdivision (g) of Section 853.6 of the Penal
Code.
   (3) Notwithstanding subdivision (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.
   (4) Notwithstanding subdivision (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.
   (5) An agency making a mutual aid request shall pay fees in
accordance with subdivision (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.
   (6) Notwithstanding subdivision (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.
   (7) Notwithstanding subdivision (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.
   (8) Notwithstanding subdivision (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.
   (9) In those counties where the cities 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 subdivision (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 may
charge the actual administrative costs for those additional tasks
listed in subdivision (d) that are performed in order to receive the
arrestee into the county detention facility.  For the 2005-06 fiscal
year and each fiscal year thereafter, the county may charge up to
one-half of the actual administrative costs for those additional
tasks listed in subdivision (d) that are performed in order to
receive the arrestee into the county detention facility.
   (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.  The fee which the county is entitled
to recover pursuant to this subdivision shall not exceed the actual
administrative costs, including applicable overhead costs incurred in
booking or otherwise processing arrested persons.
   (d) When the court has been notified in a manner specified by the
court that a criminal justice administration fee is due the agency:
   (1) A judgment of conviction may impose 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 shall not be
enforceable by contempt.
   (2) The court shall, as a condition of probation, order the
convicted person, based on his or her ability to pay, to reimburse
the county for the criminal justice administration fee, including
applicable overhead costs.
   (e) As used in this section, "actual administrative costs" include
only those costs for functions that are performed in order to
receive an arrestee into a county detention facility.  Operating
expenses of the county jail facility including capital costs and
those costs involved in the housing, feeding, and care of inmates
shall not be included in calculating "actual administrative costs."
"Actual administrative costs" may include the cost of notifying any
local agency, special district, school district, community college
district, college or university of any change in the fee charged by a
county pursuant to this section.  "Actual administrative costs" may
include any one or more of the following as related to receiving an
arrestee into the county detention facility:
   (1) The searching, wristbanding, bathing, clothing,
fingerprinting, photographing, and medical and mental screening of an
arrestee.
   (2) Document preparation, retrieval, updating, filing, and court
scheduling related to receiving an arrestee into the detention
facility.
   (3) Warrant service, processing, and detainer.
   (4) Inventory of an arrestee's money and creation of cash
accounts.
   (5) Inventory and storage of an arrestee's property.
   (6) Inventory, laundry, and storage of an arrestee's clothing.
   (7) The classification of an arrestee.
   (8) The direct costs of automated services utilized in paragraphs
(1) to (7), inclusive.
   (9) Unit management and supervision of the detention function as
related to paragraphs (1) to (8), inclusive.
   (f) An administrative screening fee of twenty-five dollars ($25)
shall be collected from each person arrested and released on his or
her own recognizance upon conviction of any criminal offense related
to the arrest other than an infraction.  A citation processing fee in
the amount of ten dollars ($10) shall be collected from each person
cited and released by any peace officer in the field or at a jail
facility upon conviction of any criminal offense, other than an
infraction, related to the criminal offense cited in the notice to
appear.  However, the court may determine a lesser fee than otherwise
provided in this subdivision upon a showing that the defendant is
unable to pay the full amount.  All fees collected pursuant to this
subdivision shall be transmitted by the county auditor monthly to the
Controller for deposit in the General Fund.  This subdivision
applies only to convictions occurring on or after the effective date
of the act adding this subdivision and prior to June 30, 1996.
29550.1.  Any city, special district, school district, community
college district, college, university, or other local arresting
agency whose officer or agent arrests a person is entitled to recover
any criminal justice administration fee imposed by a county from the
arrested person if the person is convicted of any criminal offense
related to the arrest.  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 shall 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.  The
court shall, as a condition of probation, order the convicted person
to reimburse the city, special district, school district, community
college district, college, university, or other local arresting
agency for the criminal justice administration fee.
29550.2.  (a) Any person booked into a county jail pursuant to any
arrest by any governmental entity not specified in Section 29550 or
29550.1 is subject to 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 which the county is entitled to
recover pursuant to this subdivision shall not exceed the actual
administrative costs, as defined in subdivision (c), including
applicable overhead costs as permitted by federal Circular A 87
standards, incurred in booking or otherwise processing arrested
persons.  If the person 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 shall 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.  The court shall, as a condition of probation, order the
convicted person to reimburse the county for the criminal justice
administration fee.
   (b) All fees collected by a county as provided in this section and
Section 29550, may be deposited into a special fund in that county
which shall be used exclusively for the operation, maintenance, and
construction of county jail facilities.
   (c) As used in this section, "actual administrative costs" include
only those costs for functions that are performed in order to
receive an arrestee into a county detention facility.  Operating
expenses of the county jail facility including capital costs and
those costs involved in the housing, feeding, and care of inmates
shall not be included in calculating "actual administrative costs."
"Actual administrative costs" may include any one or more of the
following as related to receiving an arrestee into the county
detention facility:
   (1) The searching, wristbanding, bathing, clothing,
fingerprinting, photographing, and medical and mental screening of an
arrestee.
   (2) Document preparation, retrieval, updating, filing, and court
scheduling related to receiving an arrestee into the detention
facility.
   (3) Warrant service, processing, and detainer.
   (4) Inventory of an arrestee's money and creation of cash
accounts.
   (5) Inventory and storage of an arrestee's property.
   (6) Inventory, laundry, and storage of an arrestee's clothing.
   (7) The classification of an arrestee.
   (8) The direct costs of automated services utilized in paragraphs
(1) to (7), inclusive.
   (9) Unit management and supervision of the detention function as
related to paragraphs (1) to (8), inclusive.
   (d) It is the Legislature's intent in providing the definition of
"actual administrative costs" for purposes of this section that this
definition be used in determining the fees for the governmental
entities referenced in subdivision (a) only.  In interpreting the
phrases "actual administrative costs," "criminal justice
administration fee," "booking," or "otherwise processing" in Section
29550 or 29550.1, it is the further intent of the Legislature that
the courts shall not look to this section for guidance on what the
Legislature may have intended when it enacted those sections.
29550.3.  (a) A city which books or processes persons to a jail
administered by it and which does not otherwise incur an
administrative fee from the county, may establish and collect an
administrative fee for an arrested person pursuant to the same
standards and procedures set forth in Section 29550.1.
   (b) Any city 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.
   (c) Any booking fee imposed pursuant to this section shall be
charged to the person booked and not to the arresting entity.
   (d) Nothing in this section shall be construed to limit the
ability of any city to enter into agreements with other local
arresting agencies authorizing the imposition of a criminal justice
administration fee by that city upon those local arresting agencies
for reimbursement of expenses incurred with respect to the booking or
other processing of persons into a jail facility operated by that
city.