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HomeMy WebLinkAboutMINUTES - 08252009 - SD.3RECOMMENDATION(S): A. OPEN the public hearing, receive testimony, and CLOSE the hearing. B. ADOPT Resolution No. 2009/327 authorizing the Sheriff-Coroner, or designee, to increase fees for the Office of the Sheriff Custody Alternative Program effective August 26, 2009. C. ADOPT Policies and Procedures of the Office of the Sheriff's Work Alternative Program. D. ADOPT Policies and Procedures of the Office of the Sheriff's Electronic Home Detention Program. E. ADOPT Policies and Procedures of the Office of the Sheriff's County Parole Program (Maximum Supervision Parole Program) FISCAL IMPACT: $239,825 increase in revenue. An increase in Custody Alternative Program fees is expected to result in a county subsidy offset, from 52% to 42%. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 08/25/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes:Hearing continued to Septembrer15, 2009 VOTE OF SUPERVISORS AYE:Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Eileen Devlin, (925) 335-1557 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: August 25, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: SD.3 To:Board of Supervisors From:Warren Rupf, Sheriff-Coroner Date:August 25, 2009 Contra Costa County Subject:HEARING to ADOPT Resolution 2009/327 increasing fees for the Office of the Sheriff Custody Alternative Program BACKGROUND: Penal Code Section 4024.2(e) specifies that the Board of Supervisors may prescribe rules and regulations under which a work release program is operated. Penal Code Section 1203.016(d)(1) specifies that the rules, regulations, and administrative policy of the Electronic Home Detention Program shall be written and reviewed on an annual basis by the County Board of Supervisors and the Correctional Administrator. In 1983, the Board of Supervisors established the Custody Alternative Program. As a condition of participation in the Custody Alternative Program, the inmate shall give his or her consent in writing to comply with the rules and regulations of the program. The policies and procedures must be approved by the Board annually. There are no changes to policies and procedures from when the Board last took action on June 17, 2008 (Item SD.3). However, fees to participating inmates must cover the costs of providing alternatives to custody, such as the Work Alternative Program and Electronic Home Detention. To that end, the Office of the Sheriff requests increases to the following fees, without which the costs of providing these alternatives will be borne by the County. • Work Alternative Program minimum program fee from $12.00 to $15.00 per day. For participants earning more than $15.00 per hour, the fee will be based on one hour’s salary per day. • Electronic Home Detention and County Parole Program from $15.00 to $20.00 per participant per day. For participants who earn more than $20.00 per hour, the fee will be based on one hour’s salary per day. • Alcohol monitoring fee from $10.00 to $12.00 per day. • Transdermal alcohol monitoring fee will be set at $15.00 per day, or one hour’s salary, whatever is greater. • Use of any additional equipment as part of the Electronic Home Detention Program will be based on equipment costs up to an additional $5.00 per day. • Urine analysis will be set at $6.00 per test. • Application fee from $100.00 to $125.00. The fees have been set based on facility overhead costs, along with associated daily fees for each type of equipment. The policy of the Office of the Sheriff is to not turn away any indigent participant or revoke participation on a demonstrated inability to pay. Additionally, in 1987, the County Parole Board established new parole regulations that included the Maximum Supervision Parole Program. The authority to establish the program and set fees is granted by the Board of Supervisors in Penal Code Section 3074. There are no changes in the County Parole Program. CONSEQUENCE OF NEGATIVE ACTION: Failure to increase the fees charges for the Custody Alternative Program will require continued general fund subvention and a deficit in the Office of the Sheriff-Coroner's budget. Without this program, the County will incur a much more expensive alternative of holding participants in physical custody. ATTACHMENTS Resolution No. 2009/327 Notice of Public Hearing