RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA
September 15, 2009
WHEREAS, the California Legislature has determined that the collection and retention of
Deoxyribonucleic acid (hereinafter DNA) samples and forensic identification analysis are useful
law enforcement tools for identifying and prosecuting criminal offenders and exonerating the
innocent. (Penal Code section 295, et seq.); and
WHEREAS, the Orange County District Attorney collects and processes DNA samples
from defendants as a condition of their voluntary participation in the Orange County District
Attorney Public Safety, Crime Prevention and Deterrence DNA Program, the purpose of which
is to obtain and use defendants’ DNA samples to solve crime, enhance public safety and deter,
solve and prevent future criminal conduct; and
WHEREAS, the Orange County District Attorney incurs costs associated with the
collecting and processing of said DNA samples; and
WHEREAS, the Orange County District Attorney wishes to recover a portion of the
administrative costs associated with collecting and processing said DNA samples by charging the
defendant a fee; and
WHEREAS, a cost study has determined the fee imposed by the Orange County District
Attorney does not exceed the actual administrative costs associated with the DNA sample
collection and processing; and
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 September 15, 2009
NOW, THEREFORE, BE IT RESOLVED that this Board does hereby find 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 a District Attorney administrative fee for DNA
collection and processing in the amount of $75 will be charged to defendants from whom a DNA
sample is taken by the Orange County District Attorney as a condition of their voluntary
participation in the Orange County District Attorney Public Safety, Crime Prevention and
Deterrence DNA Program, unless a finding is made by a court of competent jurisdiction that the
defendant does not have the ability to pay said fee.
Resolution No. ______, Item ___
DNA Cost Recovery Fee for Deterrence Program Participants
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BE IT FURTHER RESOLVED that funds collected from this fee shall be made payable
to the Orange County District Attorney, who shall only use said funds to cover expenses as
contained herein.
Resolution No. ______, Item ___
DNA Cost Recovery Fee for Deterrence Program Participants
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