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Name: People v. Alford
Case #: S142508
Court: CA Supreme Court
District CalSup
Opinion Date: 12/03/2007

The court security fee applies retroactively. The trial court imposed a court security fee under Penal Code section 1465.8. That statute took effect after the defendant committed the offense, but before he was convicted. Defendant argued Penal Code section 3 barred imposition of the fee. Penal Code section 3 provides that “[n]o part of [the Penal Code] is retroactive, unless expressly so declared.” The Court held that Penal Code section 3 was not implicated because the legislative history of the statute made clear that the Legislature intended to impose the fee on all convictions after its operative date. The Court also held the fee did not violate the prohibition against ex post facto laws because it was enacted for a non-punitive purpose.