HomeMy WebLinkAboutMINUTES - 09241991 - 1.6 (2) THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
September 24 1991
Adopted this Order on by the following vote:
AYES: Supervisors Fanden, Schroder, Torlakson, McPeak
r -
NOES: None
ABSENT: Supervisor Powers
ABSTAIN: None
SUBJECT: Resolution of Board of Supervisors )
of Contra Costa County Allocating )
the Increased County Penalty ) RESOLUTION 91/ 64 9
Assessment Imposed Pursuant to )
Government Code Section 76000 )
WHEREAS pursuant to Government Code Section 76000 as added by Senate Bill 21,
(Chapter 331, Statutes of 1991), a county upon adoption of a resolution by its Board
of Supervisors shall direct the distribution of seven dollars ($7) of every ten
dollars ($10) or fraction thereof, upon every fine, penalty or forfeiture imposed and
collected by the courts for criminal offenses.
WHEREAS, the distribution of six dollars and fifty cents ($6.50) of the seven
dollars ($7) is currently being allocated two dollars ($2) to the Court House
Construction Fund, two dollars ($2) to the Criminal Justice Construction Fund, two
dollars ($2) to the Emergency Medical Services Construction and fifty cents ( .50) to
the Automated Fingerprint Identification Fund by Board resolution.
WHEREAS fifty cents ( .50) of the seven dollar ($7) penalty assessment imposed
and collected since July 1, 1991 pursuant to Section 76000 of the Government Code is
unallocated.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. Pursuant to Government Code 76000, as added by Chapter 331, Statutes of
1991; on July 1, 1991, and thereafter, there has been and shall be 'levied
an assessment in the amount of seven dollars ($7) for every ten dollars
($10) or fraction thereof upon every fine, penalty, or forfeiture imposed
and collected by -the courts of Contra Costa County for criminal offenses,
including all offenses involving a violation of a section of the Vehicle
Code or, any local ordinance adopted pursuant to the Vehicle Code, except
parking offenses or when an order is made to pay a sum to the general fund
of the county pursuant to clause (iii) of paragraph (3) of subdivision (a)
of Section 258 of the Welfare and Institutions Code.
2. All previous resolutions establishing funds pursuant to Government Code
Section 76000 .shall remain in effect.
3. All assessment money collected as result of the fifty cent ( .50) increase
shall be deposited to the Criminal. Justice Facilities Construction Fund.
4. All payments from the Court House Construction Fund, Criminal Justice
Facilities Construction Fund, Emergency Medical Services Fund and. the
Automated Fingerprint Identification Fund shall comply with the specific
disbursement requirements established by code for each fund.
I hereby certify that this is -a true and
correct copy of an action taken and entered
on the minutes of the Board of Supervisors on
the date shown.
ATTESTED:
Phil Baf-chlelor, Clerk of the Board of
Supervisors and
County Administrator
By �[ lil/ Deputy
cc: CAO-Justice System Programs
Municipal Court
Superior Court
District Attorney's Office
Auditor-Controller
RESOLUTION NO. 91/ 649
TO: `30ARD OF SUPERVISORS i 1 06®
Contra
FROM: PHIL BATCHELOR j.
County Administrator o ,!� Costa
z
DATE: September 11, 1991 $moo . . . .�r°�¢ County
SUBJECT: IMPLEMENTATION OF SB 21 ALLOCATING THE INCREASED FIFTY CENTS
IN PENALTY ASSESSMENT TO THE CRIMINAL JUSTICE FACILITIES FUND
Specific Request(s) or Recenmiendations(s) &.Background & Justification
RECOMMENDATION:
Adopt a Resolution implementing Section 76000 of the Government .Code allocating the
fifty cent increase in the County penalty assessment to the Criminal Justice
Facilities Fund.
FINANCIAL IMPACT:
The additional fifty cents in penalty assessment should result in an additional
$200,000 annually to the Criminal Justice Facilities Fund.
REASONS FOR_RECOMMENDATION/BACKGROUND:
A. On August 5, 1991, the Governor signed SB 21 (Chapter 331, Statutes 1991), which
added Section 76000 to the Government Code which requires the Board of
Supervisors to specify to which funds the County penalty assessment should be
deposited.
B. Prior to July 1, 1991, ,the County assessment of six dollars and fifty cents for
each ten dollars or fraction thereof of each fine, was, by Board resolutions,
being deposited as follows:
Courthouse Construction Fund $2.00
Criminal Justice Facilities 2.00
Construction Fund
Emergency Medical Services Fund 2.00
Automated Fingerprint .50
Identification Fund
TOTAL $6.50
CONTINUED ON ATTACHMENT: X, YES Signature:
1
X Recommendation of County Administrator
Recommendation of Board Committee
X Approve Other
Signature(s):
Action of Board on:- .Sept.. 24, .19�?1 Approved as. Recommended _x Other.
Vote of Supervisors: I HEREBY CERTIFY THAT_ THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
X Unanimous (Absent ) AND ENTERED ON THE MINUTES.. OF THE
Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN.
Absent: Abstain:• 1
Attested: -:Sent, 242 1991
cc: CAO-Justice System Programs Phil Batchelor, Clerk of
Municipal Court the Board.of Supervisors
Superior Court and COLmtv Administrator.
District Attorney's Office
Auditor-Controller By: DEPUTY
"? Implementation of SB 21
September 11, 1991
Page 2
C. The County Justice System Executive. Council recommends that the fifty cent
increase be added to th'e Criminal Justice Facilities Construction Fund. At the
end of FY 90/91, the Criminal Justice Facilities Fund had a negative balance of
$435,721.2.6. The additional revenue to the fund should assist in meeting current
project obligations.
D. Adding the fifty cent increase to the Criminal Justice Facilities Construction
Fund (CJFC), established pursuant to section 76101 to the Government Code,
provides the County latitude in expending fund deposits. The CJFC Fund may be
used to assist the County in the construction, reconstruction, expansion,
improvement, operation or maintenance of County Criminal Justice and Court.
facilities and for improvement of Criminal Justice Automated Information Systems.
CONSEQUENCES OF NEGATIVE ACTION:
Without increasing the amount of monies deposited to the Criminal Justice Facilities
Fund, the construction or reconstruction and maintenance of Criminal Justice
facilities may not be possible. Projects already committed to might never be
completed.
I