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.
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