SB777: Jail processing fee; allows sheriff's department, regional jail, or police department to receive.


SENATE BILL NO. 777
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Local Government
on January 18, 2011)
(Patron Prior to Substitute--Senator Lucas)
A BILL to amend and reenact § 15.2-1613.1 of the Code of Virginia, relating to jail processing fees.

Be it enacted by the General Assembly of Virginia:

1.  That § 15.2-1613.1 of the Code of Virginia is amended and reenacted as follows:

§ 15.2-1613.1. Processing fee may be imposed on certain individuals.

Any county or city may by ordinance authorize a processing fee not to exceed $25 on any individual admitted to a county, city, or regional jail following conviction. The fee shall be ordered as a part of court costs collected by the clerk, deposited into the account of the treasurer of the county or city and shall be used by the local sheriff's office to defray the costs of processing arrested persons into local or regional jails. If processing costs are incurred by a regional jail rather than a local sheriff's office, the fees collected pursuant to such ordinance may be used by the regional jail to defray the costs of processing arrested persons. Where costs are incurred by a sheriff's office and a regional jail the fees collected pursuant to such ordinance may be divided proportionately as determined by the local governing body or bodies, between the sheriff's office and the regional jail. Where costs are incurred by a police department for booking or fingerprinting services, the fees collected pursuant to such ordinance may be divided proportionately as determined by the local governing body or bodies, between the sheriff's office and the police department.

SENATE BILL NO. 777
Offered January 12, 2011
Prefiled December 27, 2010
A BILL to amend and reenact § 15.2-1613.1 of the Code of Virginia, relating to jail processing fees.
Patron-- Lucas

Referred to Committee on Local Government

Be it enacted by the General Assembly of Virginia:

1.  That § 15.2-1613.1 of the Code of Virginia is amended and reenacted as follows:

§ 15.2-1613.1. Processing fee may be imposed on certain individuals.

Any county or city may by ordinance authorize a processing fee not to exceed $25 on any individual admitted to a county, city, or regional jail following conviction. The fee shall be ordered as a part of court costs collected by the clerk, deposited into the account of the treasurer of the county or city and shall be used by the local sheriff's office or local police department to defray the costs of processing arrested persons into local or regional jails. If processing costs are incurred by a regional jail rather than a local sheriff's office or police department, the fees collected pursuant to such ordinance may be used by the regional jail to defray the costs of processing arrested persons. Where costs are incurred by a sheriff's office or a police department and a regional jail, the fees collected pursuant to such ordinance may be divided proportionately as determined by the local governing body or bodies, between the sheriff's office or police department and the regional jail.