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HomeMy WebLinkAboutORD 1231ORD 1231ùYXøYŽùYPQ&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 BIB] 38244-U01 ORD-U02 1231-U02 LI2-U03 FO8535-U03 FO38917-U03 DO53282-U03 C5-U03 ORDINANCES-U03 9/9/2004-U04 ROBIN-U04 ORD 1231ùYXøYŽùYPQ&Ordinance NO. 1231 Page 2 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. c^ MA^E^8^iy' MAYO^K BIB] 38244-U01 ORD-U02 1231-U02 LI2-U03 FO8535-U03 FO38917-U03 DO53282-U03 C5-U03 ORDINANCES-U03 9/9/2004-U04 ROBIN-U04 ORD 1231ùYXøYŽùYPQ&Ordinance NO. 1231 Page 3 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 BIB] 38244-U01 ORD-U02 1231-U02 LI2-U03 FO8535-U03 FO38917-U03 DO53282-U03 C5-U03 ORDINANCES-U03 9/9/2004-U04 ROBIN-U04