RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA
November 25, 2008
WHEREAS, California Penal Code section 295, et seq., authorizes the collection
and analysis of specimens, samples, or print impressions (hereinafter “DNA”) as a
condition of a guilty plea; and
WHEREAS, California Penal Code section 296(a)(5) authorizes such collection
for cases involving guilty pleas to criminal acts not limited to Penal Code section 295, et
seq.; and
WHEREAS, this Board has adopted Orange County Codified Ordinance No. 3-110 through 3-1-16, titled “Diversion of Misdemeanor Defendants (Orange County
Misdemeanor Deferred Entry of Judgment Program),” hereinafter “Program,” which
authorizes voluntary participation of a defendant, hereinafter “Participant,” in the
Program upon a plea of guilty;
WHEREAS, participation in the Program requires the Participant to provide a
DNA sample;
WHEREAS, the County of Orange wishes to recover a portion of the
administrative costs associated with collecting and processing the DNA samples by
charging the Participant a fee;
WHEREAS, a cost study has determined the fee imposed by the County of
Orange does not exceed the actual administrative costs associated with the DNA sample
collection and processing;
WHEREAS, a notice of public hearing with respect to the fees was duly given
according to law pursuant to Government Code section 66018; and
WHEREAS, a public hearing pertaining to said fee was held on December 9,
2008.
NOW, THEREFORE, BE IT RESOLVED that this Board finds, in accordance
with Section 21080(b)(8) of the California Public Resources code, that the fees listed
below are only for the purpose of meeting operating expenses and are, therefore, exempt
from compliance with the California Environmental Quality Act.
BE IT FURTHER RESOLVED that when Orange County Codified Ordinance
No. 3-1-10 through 3-1-16 becomes effective, a District Attorney administrative fee for
DNA collection and processing in the amount of $75 will be charged to Participants in
the Program.
Resolution No. ______, Item ____
Diversion of Misdemeanor Defendants (Orange County Misdemeanor Deferred Entry of
Judgment Program)
Administrative Fee for Collection of DNA of $75