Rivera
People v. Rivera
Opinion
Lead Opinion
Scotland, J.
Defendant Olga Claudia Rivera pled guilty to driving under the influence of alcohol (DUI) and admitted having three prior DUI convictions. (Veh. Code, § 23152, subd. (a).) She was placed on probation upon various conditions, including she serve 210 days in the county jail and pay a jail booking fee of $135 and a jail classification fee of $33. (Gov. Code, § 29550.2; subd. (a); further section references are to the Government Code unless specified otherwise.)
On appeal, defendant claims that imposition of the fees authorized by section 29550.2 violated the prohibition against ex post facto laws because she committed the DUI violation before section 29550.2 was enacted. The contention fails.
As we shall explain, section 29550.2 was enacted not as a punitive measure, but to help address the state’s fiscal crisis by allowing a county to recover costs incurred in booking or otherwise processing an arrested person *708 who thereafter is convicted. The fees are limited to actual administrative costs and are assessed against all convicted offenders who have the ability to pay, without regard to the nature or severity of their respective offenses. Because the fees are not…