Section 29551 Of Article 12. Criminal Justice Administrative Fees From California Government Code >> Division 3. >> Title 3. >> Chapter 2. >> Article 12.
29551
. (a) The board of supervisors or city council of any county,
city and county, or city that opts to receive funds pursuant to
Section 29552 shall establish a local detention facility revenue
account, on behalf of the sheriff or the official responsible for
local detention facilities in the county, city and county, or city,
into which shall be deposited funds paid by the Controller, pursuant
to Section 29552. The funds in the local detention facility revenue
account shall be used exclusively for the purpose of operation,
renovation, remodeling, or constructing local detention facilities
and related equipment.
(b) (1) If an appropriation for the purposes specified in Section
29552 is made in any fiscal year, a county, city and county, or city,
may charge a jail access fee to a local agency that exceeds the
agency's three-year average number of nonfelony bookings for crimes
listed in paragraph (2) at a rate not to exceed the actual cost of
booking an arrested person into the local detention facility, for
each booking in excess of the three-year average. A local agency's
three-year average number of nonfelony bookings for crimes listed in
paragraph (2) shall be recalculated each year. The jail access fee
shall be calculated and paid on a monthly basis, and all revenue
derived from the jail access fee shall be deposited into the local
detention facility revenue account created pursuant to subdivision
(a).
(2) Bookings for violations of each of the following shall be used
to determine a local agency's three-year average:
(A) Municipal code violations.
(B) Misdemeanor violations, except driving under the influence
offenses and domestic violence misdemeanor offenses, including
enforcement of protective orders.
(c) Cities that operate Type One facilities within a county shall
be eligible to receive funds from the county's local detention
facility revenue account. Cities that operate Type One facilities and
charged booking fees pursuant to Section 29550.3 during the 2006-07
fiscal year shall receive funds in an amount proportional to the
number of persons booked into the city's Type One facility for which
the city charged fees to the arresting agency.
(d) Except as provided in subdivisions (c) to (f), inclusive, of
Section 29550 and subdivisions (a) to (c), inclusive, of Section
29550.3, every year in which at least thirty-five million dollars
($35,000,000) is appropriated for the purposes of Section 29552,
counties, cities and counties, and cities are prohibited from
collecting fees pursuant to Sections 29550 and 29550.3 from other
public entities. In any fiscal year in which the appropriation for
the purposes of Section 29552 is less than thirty-five million
dollars ($35,000,000), a county, city and county, or a city may
collect fees pursuant to Section 29550 and Section 29550.3 up to a
rate, adjusted as provided in subdivision (e), in proportion to the
amount that the amount appropriated is less than thirty-five million
dollars ($35,000,000).
(e) The maximum rate of the fee charged by each local agency
pursuant to subdivision (d) shall be the rate charged as of June 30,
2006, pursuant to Section 29550 or 29550.3, increased for each
subsequent fiscal year by the California Consumer Price Index as
reported by the Department of Finance plus 1 percent, compounded
annually.
(f) This section shall become operative on July 1, 2007.