Training Bulletin 14- Prisoner Maintenance Billing

Prisoner Maintenance Billing

Contract City Rates and Billing Method
 

Purpose

Contract cities pay a substantial amount for our law enforcement services.  However, there are other services provided by our Department that are not covered in those costs.  Prisoner Maintenance Billing is an example of a cost not included in our Deputy Sheriff Service Unit rates. 

Prisoner Maintenance Billing

When a person is arrested and booked solely for a city municipal code violation or a warrant stemming from a city municipal code violation, the city is charged for the booking fee and the cost for each day the arrestee is in the custody of the Sheriff’s Department.  California Government Code Section 36903 authorizes the county to recover those fees.

In addition to the municipal code violation (or warrant), if the arrestee is also charged with any of the following, the city will not be responsible for any booking or housing related fees: any county, state or federal misdemeanor or felony (open charge or warrant), and 3056 Parole Hold – including flash incarcerations.  An exception would be if the other charge is adjudicated prior to the municipal code violation.  If this is the case, the city would be charged for the days the inmate is in custody solely for the municipal code violation after the adjudication of the other charge(s).

Watch Commander and Watch Sergeant Responsibilities

It is possible that our contract cities could incur exorbitant costs relating to Prisoner Maintenance Billing fees when reasonable efforts are not made during the arrest process to determine the necessity of booking instead of citing, either for the open charge or warrant. 

Each individual municipal code violation or warrant arrest should be scrutinized by the approving supervisor.  For example, an arrestee who may require medical treatment or transfer to Inmate Reception Center due to medical issues or due to extensive medical history would likely be a candidate for release on citation.  This is because the city would not only incur the booking fee, but also any and all related medical expenses.  These expenses often outweigh the necessity to keep the arrestee in custody for the municipal violation.
 

Watch Commander HOLDS should generally not be applied to municipal code violations per MPP Section 5-03/115.20 Misdemeanor Release – Exceptions.  If it becomes necessary to place a HOLD on an in custody solely for a municipal code violation, the Unit Commander and the contract city manager/public safety director (based on the discretion of the Unit Commander) should be notified.