HomeMy WebLinkAbout2014-063 - Establishing Pay to Stay And Adminstrative Booking FeesLAR/ 10/21 /14
RESOLUTION NO. 2014 -063
RESOLUTION ESTABLISHING PAY -TO -STAY AND
ADMINISTRATIVE BOOKING FEES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The Santa Ana Jail was opened in 1997. Currently, the jail houses
inmates and detainees under federal contracts, Penal Code section 647f
detainees from several local cities and Santa Ana Police arrestees.
B. The City of Santa Ana has been reviewing various options for
strengthening the fiscal model for jail operations. To that end, the Santa
Ana Police Department has determined that the Santa Ana Jail could
accommodate inmates under a Pay -to -Stay Program whereby inmates
deemed eligible by the Superior Court could complete their jail
commitment locally while maintaining work and familial obligations,
thereby improving the transition to post- incarceration and re -entry into the
community. Dependent on eligibility factors including conviction offense
and court approval, the Pay -to -Stay Program would support full -time
incarceration, incarceration with work release, and weekend
incarceration.
C. California Government Code section 29550.3 authorizes a city which
books or processes persons to a jail administered by it and which does
not otherwise incur an administrative fee from the County to establish and
collect an administrative booking fee based upon administrative costs
incurred in conjunction with the arrest if the person is convicted of any
criminal offense related to the arrest, whether or not it is the offense for
which the person was originally booked. The administrative booking fee
is collected at the time the person is convicted.
D. The City conducted a cost recovery audit into administrative costs
associated with an arrest and booking and it was determined that the total
cost to the City per booking was $225.
Section 2. The City Council hereby adopts a "Pay -To -Stay Program" at the
Santa Ana Jail and delegates authority for promulgating administrative rules and
Resolution No. 2014 -063
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regulations, to the extent necessary, pertaining to this program to the Chief of Police or
his designee.
Section 3. The City Council hereby adopts and authorizes the City to collect a
Per Diem daily rate for the Pay -to -Stay Program at the Santa Ana Jail of $110 reflecting
the pro -rata administrative and staffing costs associated with the average daily
population and amends the Miscellaneous Fee Schedule for 2014 -2015 to reflect such
fee. Said fee will be implemented and in effect as of the date of this Resolution.
Section 4. The City Council hereby adopts and authorizes the City to collect
an "Administrative Booking Fee" for the Santa Ana Jail pursuant to California
Government Code section 29550.3 in the amount of $225 to reflect the administrative
costs incurred in conjunction with an arrest by the Santa Ana Police Department at the
Santa Ana Jail and collected at the time the person is convicted. The City Council also
amends the Miscellaneous Fee Schedule for 2014 -2015 to reflect such fee. Said fee
will be implemented and in effect as of the date of this Resolution.
Section 5. If any surcharge or fee, section, subsection, sentence, clause,
phrase or word of this Resolution is for any reason held to be invalid by a court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Resolution. The City Council hereby declares that it would have passed
and adopted this Resolution, and each and all provisions hereof, irrespective of the fact
that one or more provisions may be declared invalid.
Section 6. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 21St day of October, 2014.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Laura A. Rossini
Senior Assistant City Attorney
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AYES: Councilmembers: Amezcua Benavides Martinez Pulido
Sarmiento, Tinaiero (6)
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers:
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Resolution No. 2014 -063 to be the original resolution adopted by the City
Council of the City of Santa Ana on October 21, 2014.
Date: /I 't'
Clerk'of the Council
City of Santa Ana
Resolution No. 2014 -063
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