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SR 05-23-2017 3F Ci ty Council Report City Council Meeting : May 23, 2017 Agenda It em: 3.F 1 of 3 To: Mayor and City Council From: Jacqueline Seabrooks, Police Chief , Police Department Subject: Los Angeles County Inmate Prisoner Maintenance Booking Fees Recommended Action Staff recommends that the City Council authorize the Purchasing Services Manag er to issue a purchase order with the Los Angeles County Sheriff's Department (LASD), for maintenance fees related to inmates requiring housing in the Los Angeles County Jail. This recommended award is made as an exception to the competitive bidding proce ss pursuant to Section 2.24.080(c). The first year would be in an amount not to exceed $40,000, with four additional one -year renewal options to extend on the same terms and conditions for a total not to exceed $200,000 with future year funding contingen t on Council budget approval. Executive Summary The Police Department utilizes the Los Angeles County Sheriff’s Department (LASD) County Jail (County Jail) to provide housing for inmates that are arrested and/or convicted of crimes committed in Santa Moni ca. When an inmate is arrested and/or convicted of crimes related to a Santa Monica Municipal Code, then Government Code 36903 requires that the expense of their imprisonment be paid for by the C ity. This is not the case for arrests and/or convictions rel ated to California Penal Code violation s ; payment to LASD is only required for prisoners housed at County Jail as a result of violations of the Santa Monica Municipal Code. An example of Santa Monica Municipal C odes that are routinely enforced include crim es such as camping in public, sitting or lying on a sidewalk or posted entrance , a s well as other violations that are not covered by California Penal Codes. The LASD County Jail is a sole source for housing City of Santa Monica Municipal Code v iolators a rrested and/or convicted and sentenced to incarceration . The Santa Monica Police Department Jail Facility is legally rated to only house inmates pre -arraignment and not to exceed 96 hours as directed by the California Code of Regulations Title 15. Staff s eeks Council authorization to continue the partnership with the LASD for the continued retention of Municipal Code violators. Background The Santa Monica Police Department has maintained a decades long working relationship with LASD to provide housing to Municipal Codes violators. Inmates that 2 of 3 have been arrested, convicted and subsequently sentenced for Municipal Codes , are remanded to the custody of LASD for the duration of the ir sentence. The Santa Monica Police Department Jail Facility is prohibited fro m keeping inmates post -conviction and has no alternate means of housing other than LASD. Discussion Per Government Code 36903, if C ity prisoners are imprisoned in the C ounty J ail due to M unicipal C ode violations, the expense is to be absorbed by the City . The Santa Monica Police Department Jail Facility is a T ype I facility, which means inmates can only be housed for up to 96 hours , excluding weekends and court holidays, after which prisoners are transferred to County Jail. In addition, any inmates with p sychiatric or serious medical conditions must also be transferred to County Jail where there are appropriate medical resources to care for those prisoners. The Santa Monica Police Department routinely enforces Santa Monica Municipal Codes resulting in eith er an arrest or citation issued to the violator. When prisoners are being held in the Los Angeles County Jail due to enforcement of the Santa Monica Municipal Code, the City of Santa Monica is then responsible for the reimburse ment to the LASD for the expe nses related to housing the prisoner. If the violator fails to appear in court for a citation issued as a result of a municipal code violation , an arrest warrant is issued by the presiding judge. If the violator is subsequently arrested for the warrant a nd is transported to the Los Angeles County Jail pending arraignment o n the warrant , the City of Santa Monica is responsible for reimbursement . Additionally , if an arrestee is convicted solely a s a result of a Santa Monica Municipal Code, the City of Sant a Monica is billed for the housing of that prisoner . Vendor/Consultant Selection Staff recommends the Los Angeles County Sheriff’s Department provide housing for inmates arrested in Santa Monica as an exception to the competitive process basis. The LASD County Jail is a sole source for housing City of Santa Monica Municipal Code violators arrested and/or convicted and sentenced to incarceration . Financial Impacts and Budget Actions The purchase order to be awarded to the Los Angeles County Sheriff’s Depa rtment is 3 of 3 for an amount not to exceed $200,000. Funds of $40,000 are included in the proposed FY 2017 -1 8 budget in the Police Department. The purchase order will be charged to account 01304.566960. Future year funding is contingent on Council budget appro val. Prepared By: Jennifer Estrada, Jail Manager Approved Forwarded to Council