§ 5-14.04. Costs of prosecution—Restitution.

(a)

Any person convicted of violating Section 5-14.01 and granted probation, shall, as a condition of probation, be required to pay, in addition to any other restitution, the costs of prosecution resulting in the conviction for which probation has been granted. Before any charges are filed, an attempt shall be made to notify the alleged violator, in writing, by first class mail, postage prepaid, that the City will seek restitution of its costs of prosecution upon conviction and as a condition of probation, if probation is granted.

(b)

The costs of prosecution shall include all City employee time expended in preparing and prosecuting the case multiplied by the hourly rate listed in the Schedule of Service Charges regularly revised by the City for each applicable employee category and any other actual out of pocket expenses incurred by the City in prosecuting the case. Labor costs for police department personnel responding to calls for police assistance and/or apprehension, detention, and processing of violators, and attorneys fees, whether in-house or on contract, are costs of prosecution for purposes of this section.

(c)

In determining the amount awardable to the City under this section, the court shall take into account the reasonable value of the services rendered and the financial ability of the probationer to pay such amounts. The hearing may be conducted pursuant to Penal Code Section 1203.1f. In no event shall the court award as restitution to the City more than the actual costs, measured by the Schedule of Service Charges, City employee and contract labor costs, professional services costs, and out of pocket expenses, incurred in the case resulting in conviction.

(d)

The probationer and the City are entitled to all other procedural and substantive rights otherwise accorded any party in a probation hearing involving misdemeanors.

(e)

This chapter is adopted pursuant to Article 11, Section 7 and Article 1, Section 28(b) of the California Constitution, and Government Code Section 53158.

(§ 2, Ord. 861, eff. June 20, 1996)