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Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER X.
CRIMINAL JUSTICE ADMINISTRATIVE FEES*

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State law reference(s)--Authority, Government Code § 29550.

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Sec. A14-56. Establishment of fee.

(a) Pursuant to Government Code § 29550, the Board of Supervisors 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 shall not exceed the actual administrative costs, including applicable overhead costs, incurred in booking or otherwise processing arrested persons.

(b) The amount of the fee shall be determined from time to time by the Board of Supervisors by resolution which shall establish a fee schedule. Any increase in a fee charged pursuant to this section shall be adopted prior to the beginning of the County's fiscal year and may be adopted only after the County has provided 45 days written notice and conducted a public meeting in accordance with state law, unless the County is under a contractual agreement with the governmental entities subject to the fee.

(c) County jail facility means and includes any jail facilities in Santa Clara County operated by the Board of Supervisors through the Department of Correction.

(d) Pursuant to Government Code § 29550.2, the Board of Supervisors may impose a fee upon any person booked into a County jail by any governmental entity not specified in Paragraph (a) of this section if the person is convicted of any criminal offense relating to the arrest and booking. The fee shall be established as set forth in Paragraph (b) of this section.

(Ord. No. NS-300.470, § 2, 12-11-90; Ord. No. NS-300.492, § 2, 12-17-91; Ord. No. NS-300.511, § 2, 12-8-92; Ord. No. NS-300.526, 8-10-93; Ord. No. NS-300.563, § 1, 12-20-94; Ord. No. NS-300.657, § 1, 12-4-01)

Sec. A14-57. Billing.

For fiscal year 1991-92 each jurisdiction will be billed in January, April and July of 1992. The January billing shall cover the first half of fiscal year 1991-92 and shall be based upon the number of pretrial bookings attributable to the jurisdiction for that period in calendar year 1989, July through December. The April 1992 billing will have adjustments to reflect the actual number of bookings for the first half of fiscal year 1991-92 and also include actual third quarter bookings. The July bill will reflect actual bookings in the fourth quarter.

In succeeding fiscal years each jurisdiction will be billed quarterly for the activity that occurred in the previous quarter.

(Ord. No. NS-300.470, § 2, 12-11-90; Ord. No. NS-300.492, § 2, 12-17-91; Ord. No. NS-300.511, § 2, 12-8-92)

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