This chapter implements in Madera County the provisions of Government Code Section 29550 (1990 Statutes, Chapter 466, Section 1 (SB 2557)), which provides for criminal justice administration (booking) fees. (Ord. 539 § 1(part), 1991).

For purposes of this chapter, the following definitions shall apply:
A. “Processing” shall be defined as bookings and/or all other activities necessary or appropriate for the reception and detention of arrested persons at a county adult detention facility, from the time the arrested person is initially presented to facility staff, until the person is either released from custody or assigned to a housing or holding unit of the county jail facility.
B. “Local agency” shall be defined as a city, special district, school district, community college district, college, or university located, in whole or in part, in Madera County.
C. “Booking” shall be defined as the process in which a local agency employee brings an arrestee to a county adult detention facility for booking, processing, and/or detention. A “booking” does not include the following:
1. Multi-agency arrests, such as by a cooperative effort between local, state, and federal law enforcement officials.
2. Arrests made on behalf of the county, such as an arrest where the sole reason for the arrest is a warrant issued at the request of the Madera County sheriff’s department or any other applicable Madera County department (e.g., probation department, etc.).
3. “Self-bookings” such as when a person wanted for arrest turns himself or herself in to the county jail facility for booking processing and/or detention. (Ord. 539 § 1(part), 1991).

A. There is hereby imposed upon every local agency a fee equal to the administration costs, including applicable overhead costs, as determined from time to time by resolution, of booking and/or other processing at any county jail of every person arrested by an employee of such local agency and brought to such county jail facility for booking or detention.
B. Such fees shall be payable on account of every booking and/or processing of a person at a Madera County jail on and after January 1, 1991.
C. For the purpose of this fee, the term “county jail” means and includes every adult detention facility in Madera County operated under the control of the county of Madera. (Ord. 539 § 1(part), 1991).

Not later than November 30th in every calendar year and otherwise as ordered by the board of supervisors from time to time, the auditor-controller shall report or cause to be reported to the board of supervisors the administration costs, including the applicable overhead costs permitted by the Federal Circular A-87 standards last approved by the state of California for Madera County, of booking and/or processing of a person at any Madera County jail. Such report shall constitute a proposed fee pursuant to this chapter. (Ord. 539 § 1(part), 1991).

A. After receipt of the report of the administration costs of booking and/or processing of a person brought to a Madera County jail for booking or detention, the board of supervisors shall hold a public hearing at a regularly scheduled meeting of the board of supervisors at which any person may file written objections to the proposed fee or otherwise make oral or written presentations concerning the proposed fee.
B. The clerk of the board shall publish notice of the time and place of the hearing and a general explanation of the matter to be considered as required by Government Code Section 66018 and the clerk of the board shall mail a copy of the notice of the hearing to every city, special district, school district, community college district, college or university located, in whole or part, in Madera County. (Ord. 539 § 1(part), 1991).

A. After hearing, the board of supervisors shall by resolution make findings and determinations on the report and on each written objection received, and shall determine the amount of the fee which may be imposed for the booking and/or processing of a person brought to a county jail for booking or detention.
B. The clerk of the board shall mail a copy of the board’s findings and determinations to every city, special district, school district, community college district, college or university located, in whole or in part, in Madera County. (Ord. 539 § 1(part), 1991).

A. In fiscal year 1990-91 no invoices shall be submitted to any local agency for criminal justice administration fees owed by such agency for the 1990-91 fiscal year; however, in fiscal years 1991-92, 1992-93, and 1993-94, the county auditor-controller shall submit an invoice to each local agency for one-third of the criminal justice administration fees owed by each such agency for the 1990-91 fiscal year. Said invoices shall be due and payable on or before October 1, 1991, October 1, 1992, and October 1, 1993, respectively. Interest shall be charged on the billed but unpaid portions of said invoices only in accordance with subsection D of this section.
B. Beginning in fiscal year 1991-92 and in each fiscal year thereafter, the auditor-controller shall submit a quarterly invoice to every local agency for the criminal justice administration fees owed by such agency for the prior quarter and for fees not invoiced for prior quarters or otherwise governed by this chapter.
C. If any invoice for criminal justice administration fees remains unpaid after thirty days, in addition to any other remedy otherwise available to it, the county may retain up to one-half of the property taxes to which the local agency may otherwise be entitled, but not to exceed the amount of such invoice plus accrued interest.
D. Any invoice for criminal justice administration fees which remains unpaid in whole or in part after thirty days, shall bear interest at the legal rate per year established pursuant to Section 685.010 of the Code of Civil Procedure on the unpaid balance thereof.
E. In addition to any other remedy available to the county, the auditor-controller may pursue collection of the criminal justice administration fees in accordance with Government Code Section 907 and any other applicable law. (Ord. 539 § 1(part), 1991).

The county administrative officer is authorized to adopt regulations governing the application and administration of the criminal justice administration fee for the booking and/or processing of arrested persons brought to any county jail for booking or detention. (Ord. 539 § 1(part), 1991).

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter or any part thereof or the application thereof to any person or circumstance, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion of this chapter or any part or application thereof. The board of supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase, or application thereof, be declared invalid or unconstitutional. (Ord. 539 § 1(part), 1991).