HB598 By Representative Wood RFD Local Legislation Rd 1 04-MAY-17

A BILL TO BE ENTITLED AN ACT

Relating to Calhoun County; to provide for a booking fee to be imposed on each person booked into the Calhoun County Jail and subsequently convicted of a crime; to provide for the collection of the booking fee; and to provide for the distribution of the revenues derived from the booking fee.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) In Calhoun County, a booking fee in the amount of thirty dollars ($30) shall be assessed against and collected from each person booked or incarcerated into the Calhoun County Jail and subsequently convicted. The fee assessed pursuant to this section shall be in addition to any fines, court costs, or other charges imposed.

(b) The booking fee imposed by this section shall be assessed against a defendant upon conviction by a court of law where the defendant is convicted. The clerk of the court shall enter the amount of the fee as provided in this section on the docket sheet and shall collect the fee in the same manner and the same time as court costs. Notwithstanding the foregoing, the fee shall not be deemed a court cost based on collection by the clerk.

(c) The revenues derived from the booking fee shall be distributed as follows: Fifteen dollars ($15) of the fee to the Calhoun County Sheriff's Department Law Enforcement Fund, ten dollars ($10) of the fee to the Calhoun County Circuit Clerk's Office to the Clerk's Judicial Administration Fund to be used for the purposes of the office, and five dollars ($5) of the fee to the Calhoun County General Fund.

(d) In any case where the booking fee provided by this section is not paid, the district attorney of the county may assist in the collection of the fees in the same manner as court-ordered moneys. In addition, the sheriff may contract for the collection of the fees and pay a portion of the fees as a cost for collection.

(e) The sheriff may withhold moneys belonging to a person who is incarcerated in the Calhoun County Jail equal to the amount of the booking fee which shall be applied toward the assessment of the booking fee. If no conviction results, the moneys withheld shall be repaid to the defendant after dismissal of all charges or acquittal.

(f) Any revenues derived from this section shall be in addition to other funding sources for the Calhoun County Sheriff's Department and the Calhoun County District Attorney's Office and shall not reduce or replace any funding from any other sources.

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Calhoun County

Sheriffs

Prisons and Prisoners

Circuit Clerks

Counties