HomeMy WebLinkAboutMINUTES - 08062002 - C123 °mss'
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TO: BOARD OF SUPERVISORS
FROM: County Administrator Costa
..
DATE: August C, 2002 County`r.�- --� -�
SUBJECT: INCREASE BENCH WARRANT ASSESSMENT -IMPLEMENTATION OF SB1754
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
1. ACKNOWLEDGE that on May 14, 2002 the Board of Supervisors voted to support SB
1754 (McPherson) increasing the amount of the assessment that courts may impose on a
person who fails to appear and to allow the county to use excess funds to create a
warrant service task force.
2. ACKNOWLEDGE that on July 10, 2002, the Governor approved SB 1754 (McPherson)
authorizing that the assessment be increased from $7 to $15.
3. ACKNOWLEDGE that the Warrant Review Board recommences that SB1754, as
approved by the Governor, be fully implemented in Contra Costa County.
4. APPROVE a resolution requesting the Courts to increase, from $7 to $15, the
assessment imposed on persons failing to appear in court or failing to comply with a valid
court order.
FISCAL IMPACT
The currently allowed assessment is $7. Raising the assessment to $15 will generate additional
revenue to support warrant activities in Contra Costa County.
BACKGROUND/REASON(S) FOR RECOMMENDATIONfal
Existing law provides that in addition to any other fees, a county may require the courts of that
county to impose an assessment of $7 upon every person who violates his or her written
promise to appear or otherwise fails to comply with a court order. (Penal Code 853.7) Senate
Bill 1754 was approved by the Governor on July 10, 2002, allowing the fee to be increased to
$15 and expanding the approved use of the revenue, from the development and operation of an
automated warrant system, to include a warrant service task force.
In February 2001, the Board of Supervisors established a Warrant Review Board comprised of
representatives from the Superior Court, Office of the Sheriff, District Attorney, and County
Administrator, to develop warrant reduction strategies.
The proposed fee increase is consistent with the Board of Supervisors request to identify
funding for a Pilot Warrant Service Unit as proposed by the Office of the Sheriff and Warrant
ro
Review Board. s
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CONTINUED ON ATTACHMENT: — _,,,YES SIGNATURE:
--- ----- __.------ _-------__..-_----_---__--_------------ ---------------_:_ .._ �' �%���_`� --------
�,,-RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
--L--APPROVE OTHER
SIGNATURES): '
Action of Board on: x' F' Approved as Recommended Other
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
ABSENT i' (� -� AND CORRECT COPY of ACTION TAKEN
UNANIMOUS
( AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED
CONTACT: George Roemer(335-1055) JOHN SWEETEN, RKOF THE OF -
SUPERVIRS AND COUNTY ADMINISTRATOR
CC: Superior Court Administration { �
Office of the Sheriff
County Administration Bl� s DEPUTY
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on August 6, 2002, by the following vote:
AYES:
StMMSORS UIIm%, GMM, Ile,Ai3I=, movm AMD GioL4, _
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i
NOES: NONEo;
ABSENT: N= - .
A cozir�"
ABSTAIN: NOW
Resolution No. 2002/473
SUBJECT: Increasing the Assessment Relating to Bench Warrents
WHEREAS, Senate Bill 1754, Chapter 148, Statutes of 2002, allows a county, by resolution
of the board of supervisors, to raise from $7 to $15 the amount that a county may require
the courts of that county to assess upon every person who fails to appear in court or fails to
comply with a valid court order; and
WHEREAS, Penal Code Section 853.7x, and Vehicle Code Section 40508.5 were amended
to authorize the increased assessment,
NOW, THEREFORE, BE IT BY THE BOARD RESOLVED that the following fee is to be
increased as follows:
1. Effective January 1, 2003, the Courts shall increase the assessment from seven ($7)
to fifteen dollars ($15) upon every person who violates his or her written promise to
appear or a lawfully granted continuance of his or her promise to appear in court or
before a person authorized to receive a deposit of bail, or who otherwise fails to
comply with any valid court order for a violation of any provision of the penal code,
vehicle code, or local ordinance adopted pursuant to the penal or vehicle codes. This
assessment shall apply whether or not a violation of Penal Code Section 853.7 or
Vehicle Code Section 40508 is concurrently charged or a warrant of arrest is issued
pursuant to Penal Code Section 853.8 or Vehicle Code Section 40515.
2. The Clerk of the Court shall continue to deposit the amounts collected in the County
Treasury in the Public Protection — Special Revenue Fund (11400) Automated
Warrant System Budget Unit (0260). All money so deposited shall continue to be
used for the development and operation of an automated county warrant systemand
programs authorized by Chapter 148, Statutes of 2002.
l 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: (date)
3
JOHN SWEETEN, Clerk of the Board of
Supervisors and County Administrator
By
Contact: George Roemer, Senior Deputy County Administrator (925) 335-1055
Cc: Superior Court Administration
Office of the Sheriff
District Attorney
County Administrator
Law & Justice Systems Programs
RESOLUTION NO. 2002/ L