2010 California Code
Government Code
Article 2. Allocation Of Penalties

76100.  (a) Except as provided in Article 3 (commencing with Section
76200), for the purpose of assisting any county in the acquisition,
rehabilitation, construction, and financing of courtrooms, a
courtroom building or buildings containing facilities necessary or
incidental to the operation of the justice system, or court
facilities, the board of supervisors may establish in the county
treasury a Courthouse Construction Fund into which shall be deposited
the amounts specified in the resolutions adopted by the board of
supervisors in accordance with this chapter. The moneys of the
Courthouse Construction Fund shall be payable only for the purposes
set forth in this subdivision and in subdivision (b) and at the time
necessary therefor, subject to the requirements set forth in Chapter
5.7 (commencing with Section 70301).
   (b) In conjunction with the acquisition, rehabilitation,
construction, or financing of court buildings referred to in
subdivision (a), the county may use the moneys of the Courthouse
Construction Fund for either of the following:
   (1) To rehabilitate existing courtrooms, an existing courtroom
building or buildings, or court facilities, for other uses if a new
courtroom, a courtroom building or buildings, or court facilities are
acquired, constructed, or financed.
   (2) To acquire, rehabilitate, construct, or finance excess
courtrooms, an excess courtroom building or buildings, or excess
court facilities, if that excess is anticipated to be needed at a
later time.
   (c) Any excess courtroom, excess courtroom building or buildings,
or excess court facilities, that are acquired, rehabilitated,
constructed, or financed pursuant to subdivision (b) may be leased or
rented for uses other than the operation of the justice system until
the excess courtrooms, excess courtroom building or buildings, or
excess court facilities, are needed for the operation of the justice
system. Any amount received as lease or rental payments pursuant to
this subdivision shall be deposited in the Courthouse Construction
Fund.
   (d) The fund moneys shall be held by the county treasurer separate
from any funds subject to transfer or division pursuant to Section
1463 of the Penal Code.
   (e) The amendments made to subdivision (a) by the act adding this
subdivision are declarative of existing law and shall be used for
determinations made pursuant to subdivision (c) of Section 70403.




76101.  (a) Except as provided in Article 3 (commencing with Section
76200), for the purpose of assisting any county in the construction,
reconstruction, expansion, improvement, operation, or maintenance of
county criminal justice and court facilities and for improvement of
criminal justice automated information systems, the board of
supervisors may by resolution establish in the county treasury a
Criminal Justice Facilities Construction Fund. All amounts collected
pursuant to resolutions adopted by a county in accordance with this
chapter shall be deposited into the fund. The moneys of the Criminal
Justice Facilities Construction Fund shall be payable only for the
purposes set forth in subdivision (b) and at the time necessary
therefor.
   (b) For purposes of this chapter, "county criminal justice
facilities" includes, but is not limited to, jails, women's centers,
detention facilities, juvenile halls, and courtrooms. Any new jail,
or any addition to an existing jail that provides new cells or beds,
which is constructed with moneys from the Criminal Justice Facilities
Construction Fund shall comply with the "Minimum Standards for Local
Detention Facilities" promulgated by the Board of Corrections.
   (c) The fund moneys shall be held by the county treasurer separate
from any funds subject to transfer or division pursuant to Section
1463 of the Penal Code.



76101.5.  Notwithstanding any other provision of this article or
Article 3 (commencing with Section 76200), following a public
hearing, the board of supervisors of a county of the first class or a
county of the 47th class which has established both a Courthouse
Construction Fund and a Criminal Justice Facilities Construction Fund
pursuant to the provisions of this chapter may by resolution provide
for the transfer of deposits from one fund to the other.



76102.  (a) For the purpose of assisting any county in the
establishment of adequate fingerprint facilities and adequate suspect
booking identification facilities, including, but not limited to,
digital image photographic suspect booking identification facilities,
in the county, the board of supervisors may establish in the county
treasury an Automated Fingerprint Identification and Digital Image
Photographic Suspect Booking Identification System Fund into which
shall be deposited the amounts specified in the resolutions adopted
by the board of supervisors as authorized in accordance with this
title. The moneys of the fund shall be payable only for the purchase,
lease, operation, including personnel and related costs, and
maintenance of automated fingerprint equipment and digital image
photographic equipment, replacement of existing automated fingerprint
equipment, digital image photographic equipment, and other equipment
needed for the suspect booking process, and for the reimbursement of
local agencies within the county which have previously purchased,
leased, operated, or maintained automated fingerprint equipment and
digital image photographic equipment from other funding sources.
   (b) For purposes of this section, the following terms have the
following meanings:
   (1) "Automated fingerprint equipment" means that equipment
designated for the storage or retrieval of fingerprint data which is
compatible with the California Identification System Remote Access
Network.
   (2) "Digital photographic equipment" means that equipment designed
for the capture, storage, retrieval, or transmittal of digital
photographic images of persons who are booked as a result of having
been arrested or charged with a crime.
   (c) The fund moneys shall be held by the county treasurer separate
from any funds subject to transfer or division pursuant to Section
1463 of the Penal Code.


76103.  To assist any county in the funding and maintenance of a
criminal justice forensic laboratory, the board of supervisors may,
by resolution, establish in the county treasury a forensic laboratory
fund. The fund moneys, together with any interest earned thereon,
shall be held by the county treasurer separate from any funds subject
to transfer or division pursuant to Section 1463 of the Penal Code.
The moneys in the Forensic Laboratory Fund together with any interest
earned thereon shall be payable only for the construction,
reconstruction, expansion, improvement, operation, including
personnel or related costs, or maintenance of Forensic Laboratory
Facilities. The money in the fund may be used through any public
agency funding mechanism including, but not limited to, retirement of
bonded indebtedness, loan repayments, and monthly payments involving
lease-purchase programs, which reduce an obligation incurred in
reliance upon the authority granted by this section.



76104.  (a) For purposes of supporting emergency medical services
pursuant to Chapter 2.5 (commencing with Section 1797.98a) of
Division 2.5 of the Health and Safety Code, the board of supervisors
of any county which established in the county treasury an Emergency
Medical Services Fund prior to June 1, 1991, shall continue that fund
using penalty revenues pursuant to Section 76000 as specified in the
resolution or resolutions adopted by the board of supervisors prior
to June 1, 1991, to create that fund. Except as provided in
subdivision (d), the amount deposited in that fund shall be at and
shall not exceed the corresponding amount for the 1990-91 fiscal
year, plus a percentage representing the growth, if any, in the fines
and forfeitures collected in comparison with the 1990-91 fiscal
year, not to exceed 10 percent per fiscal year.
   (b) For any county which established an Emergency Medical Services
Fund prior to June 1, 1991, and for which that fund has not received
deposits for 12 full months of collections of the penalty, the
1990-91 fiscal year shall be computed by projecting actual collection
experience to produce an estimated annual amount.
   (c) The board of supervisors of a county that has not established
an Emergency Medical Services Fund prior to July 1, 1991, may set
aside up to 28 percent of the total revenue from the penalty
established pursuant to Section 76000 in the county treasury for
purposes of supporting emergency medical services pursuant to Chapter
2.5 (commencing with Section 1797.98a) of Division 2.5 of the Health
and Safety Code.
   (d) Notwithstanding any other provision of law, in complying with
this section, a county shall not be required to contribute an amount
in excess of the receipts of the penalty assessment authorized for
this purpose.
   (e) The fund moneys shall be held by the county treasurer separate
from any funds subject to transfer or division pursuant to Section
1463 of the Penal Code. The moneys of the Emergency Medical Services
Fund shall be payable only for the purposes specified in Chapter 2.5
(commencing with Section 1797.98a) of Division 2.5 of the Health and
Safety Code.



76104.5.  (a) For the purpose of assisting any county in the
establishment of automated photographic or DNA (genetic fingerprint)
identification systems, or any new technology in the county, the
board of supervisors may establish in the county treasury a DNA
Identification Fund into which shall be deposited the amounts
specified in the resolutions adopted by the board of supervisors as
authorized in accordance with this title, up to fifty cents ($0.50)
for every seven dollars ($7) collected pursuant to Section 76000. The
moneys of the fund shall be payable only for the purchase, lease,
operation, including personnel and related costs, and maintenance of
automated photographic or DNA (genetic fingerprint) identification
systems, or any new technology.
   (b) The fund moneys described in subdivision (a), together with
any interest earned thereon, shall be held by the county treasurer
separate from any funds subject to transfer or division pursuant to
Section 1463 of the Penal Code. Deposits to the fund may continue
through and including the 20th year after the initial calendar year
in which the surcharge is collected, or longer if and as necessary to
make payments upon any lease or leaseback arrangement utilized to
finance any of the projects specified herein.
   (c) For purposes of this section, "DNA (genetic fingerprint)
identification system" means equipment, procedures, and methodologies
compatible with and meeting the standards set for DNA testing by the
Department of Justice pursuant to the DNA and Forensic
Identification Data Base and Data Bank Act of 1998 (Chapter 6
(commencing with Section 295) of Title 9 of Part 1 of the Penal
Code).


76104.6.  (a) (1) Except as otherwise provided in this section, for
the purpose of implementing the DNA Fingerprint, Unsolved Crime and
Innocence Protection Act (Proposition 69), as approved by the voters
at the November 2, 2004, statewide general election, there shall be
levied an additional penalty of one dollar for every ten dollars
($10), or part of ten dollars ($10), in each county upon every fine,
penalty, or forfeiture imposed and collected by the courts for all
criminal offenses, including all offenses involving a violation of
the Vehicle Code or a local ordinance adopted pursuant to the Vehicle
Code.
   (2) The penalty imposed by this section shall be collected
together with and in the same manner as the amounts established by
Section 1464 of the Penal Code. The moneys shall be taken from fines
and forfeitures deposited with the county treasurer prior to any
division pursuant to Section 1463 of the Penal Code. The board of
supervisors shall establish in the county treasury a DNA
Identification Fund into which shall be deposited the moneys
collected pursuant to this section. The moneys of the fund shall be
allocated pursuant to subdivision (b).
   (3) The additional penalty does not apply to the following:
   (A) A restitution fine.
   (B) A penalty authorized by Section 1464 of the Penal Code or this
chapter.
   (C) A parking offense subject to Article 3 (commencing with
Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
   (D) The state surcharge authorized by Section 1465.7 of the Penal
Code.
   (b) (1) The fund moneys described in subdivision (a), together
with any interest earned thereon, shall be held by the county
treasurer separate from any funds subject to transfer or division
pursuant to Section 1463 of the Penal Code. Deposits to the fund may
continue through and including the 20th year after the initial
calendar year in which the surcharge is collected, or longer if and
as necessary to make payments upon any lease or leaseback arrangement
utilized to finance any of the projects specified herein.
   (2) On the last day of each calendar quarter of the year specified
in this subdivision, the county treasurer shall transfer fund moneys
in the county's DNA Identification Fund to the Controller for credit
to the state's DNA Identification Fund, which is hereby established
in the State Treasury, as follows:
   (A) In the first two calendar years following the effective date
of this section, 70 percent of the amounts collected, including
interest earned thereon.
   (B) In the third calendar year following the effective date of
this section, 50 percent of the amounts collected, including interest
earned thereon.
   (C) In the fourth calendar year following the effective date of
this section and in each calendar year thereafter, 25 percent of the
amounts collected, including interest earned thereon.
   (3) Funds remaining in the county's DNA Identification Fund shall
be used only to reimburse local sheriff or other law enforcement
agencies to collect DNA specimens, samples, and print impressions
pursuant to this chapter; for expenditures and administrative costs
made or incurred to comply with the requirements of paragraph (5) of
subdivision (b) of Section 298 of the Penal Code including the
procurement of equipment and software integral to confirming that a
person qualifies for entry into the Department of Justice DNA and
Forensic Identification Database and Data Bank Program; and to local
sheriff, police, district attorney, and regional state crime
laboratories for expenditures and administrative costs made or
incurred in connection with the processing, analysis, tracking, and
storage of DNA crime scene samples from cases in which DNA evidence
would be useful in identifying or prosecuting suspects, including the
procurement of equipment and software for the processing, analysis,
tracking, and storage of DNA crime scene samples from unsolved cases.
   (4) The state's DNA Identification Fund shall be administered by
the Department of Justice. Funds in the state's DNA Identification
Fund, upon appropriation by the Legislature, shall be used by the
Attorney General only to support DNA testing in the state and to
offset the impacts of increased testing and shall be allocated as
follows:
   (A) Of the amount transferred pursuant to subparagraph (A) of
paragraph (2) of subdivision (b), 90 percent to the Department of
Justice DNA Laboratory, first, to comply with the requirements of
Section 298.3 of the Penal Code and, second, for expenditures and
administrative costs made or incurred in connection with the
processing, analysis, tracking, and storage of DNA specimens and
samples including the procurement of equipment and software for the
processing, analysis, tracking, and storage of DNA samples and
specimens obtained pursuant to the DNA and Forensic Identification
Database and Data Bank Act of 1998, as amended by Chapter 6
(commencing with Section 295) of Title 9 of Part 1 of the Penal Code,
and 10 percent to the Department of Justice Information Bureau
Criminal History Unit for expenditures and administrative costs that
have been approved by the Chief of the Department of Justice Bureau
of Forensic Services made or incurred to update equipment and
software to facilitate compliance with the requirements of
subdivision (e) of Section 299.5 of the Penal Code.
   (B) Of the amount transferred pursuant to subparagraph (B) of
paragraph (2) of subdivision (b), funds shall be allocated by the
Department of Justice DNA Laboratory, first, to comply with the
requirements of Section 298.3 of the Penal Code and, second, for
expenditures and administrative costs made or incurred in connection
with the processing, analysis, tracking, and storage of DNA specimens
and samples including the procurement of equipment and software for
the processing, analysis, tracking, and storage of DNA samples and
specimens obtained pursuant to the DNA and Forensic Identification
Database and Data Bank Act of 1998, as amended.
   (C) Of the amount transferred pursuant to subparagraph (C) of
paragraph (2) of subdivision (b), funds shall be allocated by the
Department of Justice to the DNA Laboratory to comply with the
requirements of Section 298.3 of the Penal Code and for expenditures
and administrative costs made or incurred in connection with the
processing, analysis, tracking, and storage of DNA specimens and
samples including the procurement of equipment and software for the
processing, analysis, tracking, and storage of DNA samples and
specimens obtained pursuant to the DNA and Forensic Identification
Database and Data Bank Act of 1998, as amended.
   (c) On or before April 1 in the year following adoption of this
section, and annually thereafter, the board of supervisors of each
county shall submit a report to the Legislature and the Department of
Justice. The report shall include the total amount of fines
collected and allocated pursuant to this section, and the amounts
expended by the county for each program authorized pursuant to
paragraph (3) of subdivision (b). The Department of Justice shall
make the reports publicly available on the department's Internet Web
site.
   (d) All requirements imposed on the Department of Justice pursuant
to the DNA Fingerprint, Unsolved Crime and Innocence Protection Act
are contingent upon the availability of funding and are limited by
revenue, on a fiscal year basis, received by the Department of
Justice pursuant to this section and any additional appropriation
approved by the Legislature for purposes related to implementing this
act.
   (e) Upon approval of the DNA Fingerprint, Unsolved Crime and
Innocence Protection Act, the Legislature shall lend the Department
of Justice General Fund in the amount of seven million dollars
($7,000,000) for purposes of implementing the act. The loan shall be
repaid with interest calculated at the rate earned by the Pooled
Money Investment Account at the time the loan is made. Principal and
interest on the loan shall be repaid in full no later than four years
from the date the loan was made and shall be repaid from revenue
generated pursuant to this section.
   (f) Notwithstanding any other provision of law, the Controller may
use the state's DNA Identification Fund, created pursuant to
paragraph (2) of subdivision (b), for loans to the General Fund as
provided in Sections 16310 and 16381. Any such loan shall be repaid
from the General Fund with interest computed at 110 percent of the
Pooled Money Investment Account rate, with the interest commencing to
accrue on the date the loan is made from the fund. This subdivision
does not authorize any transfer that will interfere with the carrying
out of the object for which the state's DNA Identification Fund was
created.


76104.7.  (a) Except as otherwise provided in this section, in
addition to the penalty levied pursuant to Section 76104.6, there
shall be levied an additional state-only penalty of three dollars
($3) for every ten dollars ($10), or part of ten dollars ($10), in
each county upon every fine, penalty, or forfeiture imposed and
collected by the courts for all criminal offenses, including all
offenses involving a violation of the Vehicle Code or any local
ordinance adopted pursuant to the Vehicle Code.
   (b) This additional penalty shall be collected together with, and
in the same manner as, the amounts established by Section 1464 of the
Penal Code. These moneys shall be taken from fines and forfeitures
deposited with the county treasurer prior to any division pursuant to
Section 1463 of the Penal Code. These funds shall be deposited into
the county treasury DNA Identification Fund. One hundred percent of
these funds, including any interest earned thereon, shall be
transferred to the state Controller at the same time that moneys are
transferred pursuant to paragraph (2) of subdivision (b) of Section
76104.6, for deposit into the state's DNA Identification Fund. These
funds shall be used to fund the operations of the Department of
Justice forensic laboratories, including the operation of the DNA
Fingerprint, Unsolved Crime and Innocence Protection Act, and to
facilitate compliance with the requirements of subdivision (e) of
Section 299.5 of the Penal Code.
   (c) This additional penalty does not apply to the following:
   (1) Any restitution fine.
   (2) Any penalty authorized by Section 1464 of the Penal Code or
this chapter.
   (3) Any parking offense subject to Article 3 (commencing with
Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
   (4) The state surcharge authorized by Section 1465.7 of the Penal
Code.



76105.  In any county authorized to establish one or more special
purpose funds pursuant to Article 3 (commencing with Section 76200),
the county treasurer shall deposit in those funds that portion of the
penalties collected pursuant to Section 76000 specified by the board
of supervisors by resolution. The moneys of the fund shall be
payable only for the purposes set forth in the authorizing section
and at the time necessary therefor.
   Except as otherwise provided by statute, deposits to the fund in
accordance with this section shall continue through and including the
20th year after the initial year for which the additional penalty is
collected.



76106.  With respect to any fund established pursuant to this
chapter, the penalty amounts to be deposited in the fund shall be
specified by resolution adopted by the board of supervisors of each
county consistent with the authorizations set forth in this article
and Article 3 (commencing with Section 76200). Each resolution shall
state that the implementation of the applicable sections is necessary
to the county for the establishment of adequate courtroom or
criminal justice facilities or other authorized purposes of the fund.
The resolution shall set forth the amounts to be placed in the fund
and shall instruct the clerk of the board of supervisors to transmit,
on the next business day following the adoption of the resolution, a
copy of the resolution to the clerk of each court in the county.




76110.  Notwithstanding any other provision of this article or
Article 3 (commencing with Section 76200), the board of supervisors
that has established a Courthouse Construction Fund or a Criminal
Justice Facilities Construction Fund pursuant to the provisions of
this chapter may, by resolution, provide for the transfer of excess
deposits from such a fund to the county general fund for the purposes
of meeting the public safety or emergency medical services needs of
the county, provided that any transfer pursuant to this section shall
not interfere with the purposes for which the fund was created or
impair any obligations of the fund and shall not occur until the need
for courthouse construction or the construction of criminal justice
facilities has been met.