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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 Page 1 of 3 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 Resolution No. 2014 -XXX Page 2 of 3 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 Page 3 of 3