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5927ORDINANCE NO. 5927 AN ORDINANCE OF THE CITY OF ANAHEIM IMPLEMENTING CALIFORNIA PENAL CODE SECTION 1203.1 C AUTHORIZING PAYMENT OF COSTS OF INCARCERATION IN A LOCAL FACILITY AS A CONDITION OF PROBATION; DETERMINING THE AVERAGE PER -DAY COST OF INCARCERATION; AND DESIGNATING THE FINANCE DIRECTOR TO COLLECT MONEY ORDERED PURSUANT TO SECTION 1203.1 C WHEREAS, California Penal Code Section 1203.1c authorizes a court, in any case in which a defendant is convicted of an offense and is ordered to serve a period of confinement in a county jail, city jail, or other local detention facility as a term of probation or a conditional sentence, to order the defendant to pay all or a portion of the reasonable costs of such incarceration in the manner in which the court believes reasonable and compatible with the defendant's financial ability; and WHEREAS, the reasonable cost of such incarceration shall not exceed the amount determined by the city council, with respect to the city jail, to be the actual average cost there of on a per -day basis; and WHEREAS, Penal Code Section 1203.1 c shall only be operative in a city upon the adoption of an ordinance to that effect by the city council, which ordinance shall include a designation of the officer responsible for collection of moneys ordered pursuant to this section and shall include a determination, to be reviewed annually, of the average per -day cost of incarceration in the city jail. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That the City of Anaheim hereby implements, and makes operative to the City of Anaheim, the provisions of California Penal Code Section 1203. lc which, upon such implementation, authorizes a court, in any case in which a defendant is convicted of an offense and is ordered to serve a period of confinement in a city jail, to make a determination of the ability of the defendant to pay all or a portion of the reasonable costs of incarceration, including incarceration pending disposition of the case, and, following a hearing, to set the amount to be reimbursed and order the defendant to pay that sum to the city with respect to incarceration in the city jail, in the manner in which the court believes reasonable and compatible with the defendant's financial ability. SECTION 2. That the City Council finds and determines that the average per -day cost of incarceration in the Anaheim City jail is one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) for each subsequent day, which cost shall be reviewed annually by the City Council. SECTION 3. That the Anaheim Finance Director shall be responsible for collection of moneys ordered pursuant to Penal Code Section 1203. lc, and all sums collected shall be deposited in the City's General Fund. SECTION 4. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 5. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 15th day of June , 2004, and thereafter passed and adopted at a regular meeting of said City Council held on the 22nd day of ,lune , 2004, by the following roll call vote: AYES: Mayor Pringle, Council Members Chavez, Hernandez, McCracken NOES: None ABSENT: Council member Tait ABSTAIN: None CITY OAHEIM By "A 0 /� MAYYR OF THE CIT'OFWAHEIIV ATTUST: f i; CITY CLEAK OF THE CITY OF ANAHEIM 53634.1 2 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) SS. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: July 1, 2004 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: July 1, 2004 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp ORDINANCE No. SW AN ORDINANCE OF THE CITY OF ANAHEIM IMPLEMENTING CALIFORNIA PENAL CODE SECTION 1203.10 AilTHOR 4W PAYMENT OFCOSTS OF INCARCERATION INq LOCAL FACILITY AS A CONDtTTON OF PROBATION; ©ETERMINING THE AVERAGE PER -DAY COST OF INCARCERATION; AND DESIGNATING THE FINANCE DIRECTOR TO COLLECT MONEY ORDERED PURSUANT TO SECTION 1203.iC Proof of Public WHEREAS, California Penal Code -Section 1203.1c au- thorizes a court, in any case in which a defendant is convict - ad of an offense and is ordered to serve a period of confine-' ment in a county jail, city jail, or other local detention facility, as a term of probation or a'conditkutal sentenoe, to order the defendant -to pay all or a portion -of the reasonable costs of such incarceration inthe manner in which the courtbe- lieves reasonable and compatible with the defendant's finan- cial ability; inancialability; and WHEREAS, the reasonable cost of such incarceration shall not exceed the amount determined by the city council, with respect to the city jail, to be the actual average cost there of on a per -day basis; and WHEREAS, Penal Code Section 1203.1c shall only be operative in a city upon the adaption of an ordinance to that effect by the city council, which ordinance shall include a designation of the officer responsible for collection of mon- eys ordered pursuant to this section and shall include a de- termination, to be reviewed annually, of the average per -day cost of incarceration in the city jail. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: " SECTION 1. That the City of Anaheim hereby implements, and makes operative to the City of Anaheim, the provisions of California Penal Code Section 1203.1c which, upon such im- piementation, authorizes a court, in any case in which a de- fendant is convicted of an offense and is ordered to serve a period of confinement in a city jail, to make a determination of the ability of the defendanf to pay all or a portion'of the reasonable costs of incarceration, including incarceration pending disposition ofthe case, and, following a hearing, to set the amount to be reimbursed and order the defendant to pay that sum to the city with respect to incarceration in the cty jail, in the manner m which the court believes reasona- ble and compatible with the defendant's financial ability. SECTION 2. That the City Council finds and deterrmines that the aver- age per�ay cost of incarceration in the Anaheim City jail is one hundred dollars ($100.00) for the first day and seventy- five dollars ($75.00) tor each subsequent day, which cost shall be reviewed annually by the City Council SECTION 3. - That the Anaheim Finance Director shall be responsible for collection of moneys ordered pursuant to Penal Code Section 1203.1c, and all sums collected shall be deposited in the City's General Fund. SECTION 4. SEVERABILITY The City Council of the City of Anaheim hereby declares that should an section, para raph; sentence or word of this ordinance: of the Code, hereby adopted, be declared ifor any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordi- nance independent of the elimination herefrom of,any such portion as may be declared invalid. SECTIONS. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of anyother ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which viola- tions were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the pe- nal provisions applicable to any violation thereof. The provi- sions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE is approved and adopt- ed by the City Council of the City of Anaheim this 22ndDay of June, 2004 by the following roll call vote: Introduced: June 15, 2004 AYES: MAYOR/COUNCIL MEMBERS: PRINGLE, 1VDES; MOCRACKEN,HERNANDEZ,CHAVEZ NONE ABSENT: COUNCIL MEMBER TAIT ABSTAIN: NONE - y CITY OF ANAHEIM NfAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM Publish: Anaheim Bulletin July 1, 2004 25-681 .6254676