HomeMy WebLinkAboutMINUTES - 05112010 - SD.13RECOMMENDATION(S):
1. CONDUCT HEARING on the proposed increase of the victim restitution administrative
fee from 10% to 15% of the amount ordered by the court to be paid.
2. FIND that the current 10% administrative fee does not recover the actual collections costs
for victim restitution.
3. FIND that the current fee revenue and collections costs for victim restitution do not
exceed 15% of the amount ordered by the court to be paid.
4. APPROVE the victim restitution administrative fee of 15% of the amount ordered by the
court to be paid.
FISCAL IMPACT:
At the current rate of collection, the fee increase is estimated to generate an additional
$20,000 in general-purpose revenue.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/11/2010 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
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: JULIE ENEA (925)
335-1077
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: May 11, 2010
, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
SD.13
To:Board of Supervisors
From:David Twa, County Administrator
Date:May 11, 2010
Contra
Costa
County
Subject:HEARING ON PROPOSED INCREASE TO THE VICTIM RESTITUTION ADMINISTRATIVE FEE
BACKGROUND:
Restitution funds collected pursuant to court order may be used only to cover actual
crime-related expenses incurred by a victim as a result of the crime.
Penal Code section 1203.1 provides that if the court orders restitution to be made to a
victim, the County may add a fee to cover the actual administrative cost of collection, the
amount of which shall be set by the board of supervisors. This law was recently amended to
increase the maximum rate of the administrative fee from 10% to 15% of the amount
ordered by the court to be paid. The Board of Supervisors set the administrative fee at 10%
in 1994 and the fee has not been increased since that time. When the location of a victim is
unknown or there is some other cause for restitution money to remain unclaimed, the county
may keep that money or return it to the Restitution Fund once that money has gone
unclaimed for at least three years and proper notification processes have been followed
(Government Code §50050 - 50053).
Collection Monthly Monthly
Time Salary Cost
Financial Services Manager 15%10,179 1,527
Senior Financial Services Officer 50%8,296 4,148
Financial Services Clerk 50%6,052 3,026
8,701
Indirect Costs 24%2,080
10,780
Collections Cost FY 2008/09:129,364
Total Collections FY 2008/09:391,028
Total Ordered FY 2008/09:5,537,015
Maximum cost of collections permitted
under PC 1203.1:830,552
Fee revenue collected FY 2008/09:58,654
Cost of Collections as a % of Amts
Collected 33%
Cost of Collections as a % of Amts Ordered 2%
*All amounts provided by the Contra Costa County Superior Court Collections Unit for FY 2008/09.
CONSEQUENCE OF NEGATIVE ACTION:
The County will be unable to recover the maximum amount of its collections costs
permitted by State law.
CHILDREN'S IMPACT STATEMENT:
CLERK'S ADDENDUM
CLOSED the hearing; FOUND that the current 10% administrative fee does not recover
the actual collections costs for victim restitution; FOUND that the current fee revenue
and collections costs for victim restitution do not exceed 15% of the amount ordered by
the court to be paid; and APPROVED the victim restitution administrative fee of 15% of
the amount ordered by the court to be paid.