HomeMy WebLinkAboutMINUTES - 05112010 - SD.14RECOMMENDATION(S):
OPEN the public hearing to increase the fee charged by the Probation Department for a
request to change a plea report; RECEIVE and CONSIDER oral and written testimony
regarding the proposed fee increase; and CLOSE the hearing.
ADOPT Resolution No. 2010/251, authorizing the Probation Department to charge a fee of
$150.00 per request to change a plea report.
FISCAL IMPACT:
The Probation Department processes approximately 350 requests each year to change a plea
report. Under the current fee of $120.00 per request, the Probation Department generates
approximately $42,000.00 in revenue per year to partially offset the actual cost of
processing these requests. The current actual cost to prepare these reports is $191.24 per
report, which exceeds the statutory maximum allowed by law. Adoption of this resolution,
increasing the fee to the statutory maximum of $150.00, provides the Probation Department
an additional $10,500.00 in revenue to a new annual total of $52,500.00. Increasing the fee
is necessary to offset a greater portion of the actual cost.
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: P. Hernandez, 313-4149
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
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc: OFFICE OF REVENUE COLLECTION - J. JEFFERSON, PROBATION DEPARTMENT - L. HARTMANN, PROBATION DEPARTMENT- P.
HERNANDEZ
SD.14
To:Board of Supervisors
From:Lionel D. Chatman, County Probation Officer
Date:May 11, 2010
Contra
Costa
County
Subject:HEARING TO CONSIDER INCREASING FEE FOR "CHANGE OF PLEA" REPORTS IN THE
PROBATION DEPARTMENT
BACKGROUND:
If a defendant has fulfilled the conditions of his or her probation, then the defendant may
have the right to request withdrawal of his or her plea of “guilty” or plea of “no contest”
and enter a plea of “not guilty.” (Penal Code section 1203.4(a).) The defendant may
make the application and change of plea in person, by an attorney, or by his or her
probation officer, authorized in writing. Penal Code section 1203.4(d) states that the
County may charge the defendant for the actual costs of the services rendered, at a rate to
be determined by the Board of Supervisors.
In 1995, the Board of Supervisors established a fee of $120.00 pursuant to Penal Code
section 1203.4(d) for reimbursement of the actual cost of a request to change a plea
report. At that time, the actual cost to the County of processing these requests was
$122.36.
In 2009, the Legislature amended Section 1203.4, increasing the maximum allowable fee
from $120.00 per request to $150.00. In addition, the actual cost of processing these
requests increased to $191.24 per request. The actual cost of processing these reports
exceeds the statutory maximum. As such, the Probation Department must charge the
statutory maximum in order to offset the actual cost as much as possible.
The Probation Department’s fee survey was made available to the public at the Clerk of
the Board of Supervisors at least ten (10) days before the hearing. Notice of the public
hearing was published on May 1, 2010.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to adopt Resolution No. 2010/251 will result in loss of additional reimbursement
revenue to the Probation Department. The Department will not be able to collect
additional fees to offset the increased costs of processing the requests to change plea
reports.
CLERK'S ADDENDUM
CLOSED the hearing; ADOPTED Resolution No. 2010/251, authorizing the Probation
Department to charge a fee of $150.00 per request to change a plea report
ATTACHMENTS
Resolution No. 2010/251
"Change of Plea" Report Fee Calculation
Contra Costa County
Proposal to Increase the Cost of Change of Plea Reports
Proposed Charge:
Current Charge: $120 per report
Proposed Charge: $150 per report
Cost or estimated cost to provide service:
Cost of Deputy Probation Officer (including salary and benefits): $70.83 per hour
Average time DPO spends is 2.7 hours per Change of Plea report for each person who requests a
Change of Plea/Reduction to Misdemeanor report per 1203.4, which calculates to $70.83/2.7=$191.24,
however the Penal Code only allows Probation Departments to charge a maximum of $150 for Change
of Plea reports.
Estimated Revenue from Increase in Cost of Report:
The Probation Department completes approximately 350 Change of Plea reports per year
pursuant to PC 1203.4/Section 17, which generates approximately $42,000 in revenue to our
department. An increase in the cost of Change of Plea reports to the maximum allowed would increase
our revenue to $52,500, which would provide the Probation Department an additionally $10,500 in
revenue. Based on a collection rate of more than 95%, the increase in revenue would be:
$10,500
Contact Person:
Nancy Valencia, Chief Deputy Probation Officer
50 Douglas Drive, Suite 201, Martinez, CA 94553
925-313-4199