Title
a. Receive a preliminary response to Board Referral Number 2026.06 (Alejo) regarding the proposed modification of Board of Supervisors Resolution 25-413 to allow discretion to the judges of the Monterey County Superior Court in imposing a $15 fee pursuant to Penal Code Section 853.7a.; and
b. Provide direction to staff.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Receive a preliminary response to Board Referral Number 2026.06 (Alejo) regarding the proposed modification of Board of Supervisors Resolution 25-413 to allow discretion to the judges of the Monterey County Superior Court in imposing a $15 fee pursuant to Penal Code Section 853.7a.; and
b. Provide direction to staff.
SUMMARY/ PRELIMINARY ANALYSIS:
On April 14, 2026, Supervisor Luis Alejo submitted Board Referral No. 2026.06 requesting that the County evaluate potential amendments to Resolution No. 25-413 to allow judicial discretion in the imposition of a $15 assessment authorized under Penal Code section 853.7a.
On October 28, 2025, the Board adopted Resolution No. 25-413, requiring the Monterey County Superior Court to impose a mandatory $15 assessment on individuals who violate a written promise to appear or fail to comply with a court order, consistent with Penal Code section 853.7a.
Penal Code section 853.7a authorizes, but does not require, a county to adopt a resolution requiring courts to impose such an assessment. The statute provides that a county “may, by resolution,” require imposition of the fee, indicating that local discretion exists in how the assessment is implemented. Specifically, the statute states:
Ҥ 853.7a. Violations of promises to appear or specified court orders; assessments
(a) In addition to the fees authorized or required by any other provision of law, a county may, by resolution of the board of supervisors, require the courts of that county to impose an assessment of fifteen dollars ($15) upon every person who violates his or he...
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