Title
Approve a resolution requiring the California Superior Court of Monterey County to impose an assessment of fifteen dollars upon every person who violates the provisions enumerated in Penal Code §853.7a except for those instances in which the Superior Court finds that the interest of justice will be served in waiving such assessment.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
Approve a resolution requiring the California Superior Court of Monterey County to impose an assessment of fifteen dollars upon every person who violates the provisions enumerated in Penal Code §853.7a except for those instances in which the Superior Court finds that the interest of justice will Be served in waiving such assessment.
SUMMARY:
On October 28, 2025, the Board of Supervisors for the County of Monterey passed Resolution Number 25-413 imposing a fifteen dollar ($15.00) assessment upon every person violating the provisions enumerated in Penal Code ⸹853.7a. Subsequent to this action the Superior Court of California County of Monterey requested discretion to waive the fifteen dollar ($15.00) assessment for individual cases where the interests of justice would be served in waiving such assessment. This resolution modifies the Board’s prior directive to allow judges in the Superior Court discretion to waive such fees when such waiver serves the interests of justice. The modified language in the resolution was approved by the Court.
DISCUSSION:
The County of Monterey operates an automated Countywide Warrant system. Penal Code §853.7a allows a county to fund the operation of an automated warrant system by requiring the courts of its county to impose an assessment of fifteen dollars ($15.00) upon every person violating the provisions enumerated in Penal Code §853.7a. The proposed Resolution modifies the original Resolution mandating the $15 assessment for failure to appear, etc. when the interests of justice are served in doing so.
OTHER AGENCY INVOLVEMENT:
The Office of the Sheriff is in concurrence with allowing the Courts such discretion.
FINANCING:
Money received pursuant to this resolution will be deposited in the County Treasury for the sole and exclusive use to operate the automated Countywide Warrant System.
BOARD OF SUPERVISORS STRATEGIC PLAN GOALS:
Money received pursuant to this resolution will be deposited in the County Treasury for the sole and exclusive use to operate the automated Countywide Warrant System.
Mark a check to the related Board of Supervisors Strategic Plan Goals [Include one or two sentences referencing the Ordinance, Code, Board Order/Resolution, etc. in relation to this selection]:
____ Well-Being and Quality of Life
_X Sustainable Infrastructure for the Present and Future
____ Safe and Resilient Communities
____ Diverse and Thriving Economy
____ Dynamic Organization and Employer of Choice
Prepared by: Susan K. Blitch, County Counsel
Approved by: Susan K. Blitch, County Counsel
Attachments:
Resolution