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HomeMy WebLinkAbout3807Ordinance No. 3807 (Amending or Repealing Ordinances) CFN=122 — Police/Fire Departments Passed — 8/15/06 Booking Fee — Amendment to Include Appeal Provision (Amending Sec. 9.34.020) Amends Ord. 3705 Repealed by Ord. 3919 (Ch. 9.34) ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, amending section 9.34.020 of the Kent City Code, entitled "Booking Fee Imposed," in order to add a provision which allows the assessed fee to be appealed. RECITALS A. On August 3, 2004, and in accordance with state law, the city council adopted Ordinance No. 3705, which permits the city to recover its booking costs from those inmates booked into its correctional facility. B. While an inmate could appeal the imposition of the booking fee through the correction facility's grievance process, it would be appropriate to set forth an appeal procedure to allow inmates to appeal the assessment of the booking fee. C. Since the passage of Ordinance No. 3705, the Kent Municipal Court has collected the booking fees. The amendments to the ordinance will more clearly permit the corrections facility to take the necessary steps to collect the booking fees owed by inmates. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 1 Booking Fee — Amendment to Include Appeal Provision ORDINANCE SECTION 1. - Amendment. Section 9.34.020 of the Kent City Code, entitled "Booking fee imposed," is amended as follows: Sec. 9.34.020. Booking fee imposed. A. Fee. Each person who is booked into the Kent corrections facility shall pay a booking fee of forty dollars ($40). The booking fee shall be paid to the city of Kent. The booking fee shall be assessed each time a person is booked as a result of being arrested, being taken into custody by order of a court, returning from electronic home detention or monitoring, or returning after a temporary release. The booking fee shall not be assessed when an inmate is returned to the corrections facility after a court appearance or medical procedure wherein the inmate remains in custody, or after returning to the corrections facility after completion of a work time credit or work release shift. B. Payment of fee. The booking fee shall be paid, and may be seized, immediately from any money then possessed by the person being booked, or from any money deposited with the Kent corrections facility on the person's behalf; provided, that in the event insufficient funds are possessed by the person or deposited on his or her behalf, the corrections facility may take all resonable measures to collect the funds or notify the court and request that the court assess the booking fee or any remaining balance due. C. Appeal of fee. The assessment of a booking fee may be appealed by the person against whom the fee is assessed, or by an attorney representing that person, in the following manner: 1. Time for filina appeal. An appeal of the assessment of a booking fee shall be filed in writing with the Tail no later than fourteen (14) calendar days following the assessment of the booking fee. For the purposes of this section, each time a person is booked shall be deemed a separate instance of the assessment of the booking fee, and the date the person is booked shall commence the fourteen (14) day appeal period. 2 Booking Fee - Amendment to Include Appeal Provision 2. Manner and location In which to file the appeal. An appeal to the assessment of a booking fee shall be presented in writing. In the event the person appealing is incarcerated in the Kent corrections facility at the time of the appeal, the person appealing may utilize the correction facility's grievance form to file the appeal. In the event the person appealing is not incarcerated in the Kent corrections facility, the appeal shall be delivered by mail, in person, or by personal service to the corrections facility. Appeals by electronic mail or facsimlie will not be accepted. All appeals shall- (a) state which booking fee is being appealed, (b) state the date the booking fee was assessed or collected, (c) contain a detailed basis for the appeal which explains the reason the booking fee should be returned, not assessed, or not collected, and (d) include the current mailing address of the person appealing The person appealing the fee may also include with that appeal written statements of any witnesses, any other documentation or evidence in support of the appeal, and any written argument. 3. Decision on appeal. All appeals shall be conducted in written form, and no hearing shall be held. The Lail commander, or his or her designee shall within 30 calendar days following the date the corrections facility receives the appeal, review the written appeal submitted by the person appealing along with any written witness statements, other evidence or written argument and shall render a decision in writing with a brief explanation of the decision. ED. Return of fee. If the person from whom a booking fee is collected is not charged, is acquitted, or if all charges are dismissed, the corrections facility shall return the amount collected to the person at his or her last known address as listed in the city's booking records. If the person appealing the assessment of the booking fee prevails on appeal the booking fee or a portion thereof, shall be returned to the person appealing in accordance with the decision on appeal SECTION 2. — SeyerabllltV. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 3 Booking Fee — Amendment to Include Appeal Provision SECTION 3. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its ATTEST: BRENDA JACOBER, CITY CURK APPROVED AS TO FORM: nem TO BRUBAKER, CITY ATTORNEY PASSED: 1-5 day of August, 2006. APPROVED: day of August, 2006. c� PUBLISHED: / day of August, 2006. as provided by law. COOKE, MAYOR I hereby certify that this is a true copy of Ordinance No. 3 rD% passed by the city council of the city of Kent, Washington, and approved by the mayor of the city of Kent as hereon indicated. �✓ AL) BRENDA JACOBER, CLERK P �ClvigOWINANMBnokingFeev endm S aoc 4 Booking Fee - Amendment to Include Appeal Provision