HomeMy WebLinkAboutORD 1231ORD 1231ùY XøYŽùY P Q & ORDINANCE NO. 1231
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK ADDING SECTION 10.100 TO THE
CITY OF BALDWIN PARK MUNCIPAL CODE PERTAINING
TO THE ESTABLISHMENT AND COLLECTION OF A
CRIMINAL JUSTICE ADMINSTRATION FEE
WHEREAS, the California legislature approved Assembly Bill 2735. codified as
Government Code 29550.3 in 1994, to allow a city to collect booking fees for persons
booked into city facilities in the same manner counties can collect booking fees for
persons booked into county facilities.
WHEREAS. California Government Code 29550.3 provides that a city whose
officer arrested a person is entitled to recover from the arrested person a criminal justice
administrative fee for administrative costs it incurs in conjunction with the arrest if the
person is convicted of any criminal offense related to the arrest;
WHEREAS, California Government Code 29550.1 establishes the procedure
for order of payment and collection of the criminal justice administration fee;
WHEREAS, the City of Baldwin Park incurs administrative costs related to
receiving, processing and/or booking persons who are convicted of criminal offenses;
and
WHEREAS, the City of Baldwin Park City Council desires to establish a criminal
justice administrative fee to be charged to persons arrested and convicted in order to
recover costs associated with receiving, processing and/or booking such persons.
NOW, THEREFORE. THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 10.100 of the City of Baldwin Park Municipal Code is
hereby added and shall read as follows:
10.100 Criminal Justice Administration Fee.
a) Any person who is arrested by a police officer of the City of
Baldwin Park or who is booked or processed at the detention facility
of the City of Baldwin Park, and who is subsequently convicted of
any offense related to the arrest, shall pay to the City a criminal
justice administration fee for reimbursement of administrative
expenses incurred by the City of Baldwin Park in connection with
the arrest and/or booking processing. The amount of the fee shall
be in accordance with a fee schedule adopted from time to time by
resolution of the City Council.
b) When the judgment of conviction includes an order for payment
of the criminal justice administration fee owed to the City, it may be
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collected by any means provided by law for the enforcement of
judgments. If the convicted person is subject to probation, the court
must, as a condition of probation, order the convicted person to
reimburse the City for the criminal Justice administration fee. If the
convicted person fails to pay the City the criminal justice
administration fee, the City may prosecute a civil action to collect
the debt.
c) All fees collected pursuant to this chapter shall be deposited into the
General Fund and may be used for any lawful purpose.
SECTION 2. The City Clerk shall certify to the adoption of this ordinance
and shall cause the same to be published in the manner prescribed by law within fifteen
15) days after its passage, and said ordinance shall become effective thirty 30) days
after adoption.
PASSED AND APPROVED THIS 7™ day of July. 2004.
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ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss:
CITY OF BALDWIN PARK
I, ROSEMARY M. RAMIREZ, Chief Deputy City Clerk of the City of Baldwin Park,
do hereby certify that the foregoing Ordinance was regularly introduced and placed
upon its' first reading at a regular meeting of the City Council on June 16, 2004. That
thereafter said Ordinance was duly approved and adopted at a regular meeting of the
City Council on July 7, 2004 by the following vote:
AYES: COUNCILMEMBERS: Marlen Garcia, David Olivas, Bill Van Cleave,
Mayor Pro Tern Ricardo Pacheco, and Mayor
ManuelLozano
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
ROSEMARY M.<RAMIREZ
CHIEF DEPUTY CITY CLERK
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