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HomeMy WebLinkAboutMINUTES - 05112010 - SD.15RECOMMENDATION(S): OPEN the public hearing to increase the monthly fee charged by the Probation Department for adult probation supervision services; CONSIDER oral and written testimony regarding the proposed fee increase; and CLOSE the hearing. ADOPT Resolution No. 2010/262, authorizing the Probation Department to charge a fee of $75.00 per month per adult probationer for probation supervision services. FISCAL IMPACT: The Probation Department provides probation supervision services to approximately 3500 adult probationers in Contra Costa County. Under the current fee of $50.00 per month per adult probationer, the Probation Department generates approximately $175,000.00 in monthly revenue to offset a portion of the actual cost of probation supervision. The current actual cost of providing supervision per month to each adult probationer is $131.62, which exceeds the statutory maximum allowed by law. Adoption of this resolution, increasing 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: 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: June McHuen, Deputy cc: OFFICE OF REVENUE COLLECTION - J. JEFFERSON, PROBATION DEPARTMENT - L. HARTMANN, PROBATION DEPARTMENT - P. HERNANDEZ SD.15 To:Board of Supervisors From:Lionel D. Chatman, County Probation Officer Date:May 11, 2010 Contra Costa County Subject:HEARING to consider increasing the fees for Cost of Probation services FISCAL IMPACT: (CONT'D) the fee to the statutory maximum of $75.00 per month, provides the Probation Department an additional $87,500.00 in monthly revenue to a new monthly total of $262,500.00. The additional revenue is necessary in order offset a greater portion of the increased cost of providing this service. BACKGROUND: In any case in which a defendant is convicted of an offense and is the subject of any preplea or presentence investigation and report, and in any case in which a defendant is granted probation, the probation officer must make a determination of the ability of the defendant to pay all or a portion of the reasonable cost of any probation supervision or conditional sentence. (Penal Code section 1203.1b.) The reasonable cost of probation supervision cannot exceed the amount determined to be the actual cost. Penal Code section 1203.1b(h) states that the board of supervisors in any county, by resolution, may establish a fee for the processing of payments in installments to the probation department pursuant to this section. In 1989, the Board of Supervisors adopted Ordinance No. 89-26, which made the fees under Penal Code section 1203.1b operative in Contra Costa County. Currently, the Probation Department charges $50.00 per month to each adult probationer for probation supervision services. In 2009, the Legislature amended Section 1203.1b, increasing the maximum allowable fee from $50.00 per month to $75.00 per month. In addition, the actual cost of probation supervision services increased to $131.62 per adult probationer per month. The actual cost of providing this service exceeds the statutory maximum. As such, the Probation Department must charge the statutory maximum in order to offset the actual costs of providing this service 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. 2010/262 will result in loss of reimbursement revenue to the Probation Department. The Department will not be able to collect additional fees to offset the increased costs of providing adult probation supervision services. CHILDREN'S IMPACT STATEMENT: CLERK'S ADDENDUM CLOSED the hearing; and ADOPTED Resolution No. 2010/262, authorizing the CLOSED the hearing; and ADOPTED Resolution No. 2010/262, authorizing the Probation Department to charge a fee of $75.00 per month per adult probationer for probation supervision services. ATTACHMENTS Resolution No. 2010/262 Resolution 2010/262 Fee Calculation - Cost of Probation Services Contra Costa County Probation Department Fee Survey Proposal to Increase Fees for Cost of Adult Probation Supervision Charge: Current Charge: $50.00 per adult probationer per month Proposed Charge: $75.00 per adult probationer per month Estimated Revenue from Increased Fee: The Contra Costa County Probation Department supervises approximately 3500 adult probationers. The maximum allowable charge under California Penal Code section 1203.01b is $75.00 per adult probationer per month. If the Probation Department charges the statutory maximum $75.00 per adult probationer per month ($75.00 x 3500), the Department would charge $262,500.00 each month to offset a portion of the actual cost of providing probation supervision services. The following section is a breakdown of the actual cost to Contra Costa County to provide adult probation supervision services. SUPERVISION COSTS Staff: - Monthly cost of Deputy Probation Officer (salary & benefits) $19,194.00 - Number of Deputy Probation Officers providing adult Supervision services x 24 - Total cost per month $460,656.00 Cost Per Case: - Total cost per month $460,656 - Total number of cases ÷ 3,500 cases - Total cost per month, per case $131.62 Page 1 of 2 Page 2 of 2 Contact Person: Paula Hernandez, Chief Deputy Probation Officer 50 Douglas Drive, Suite 201, Martinez, CA 94553 TEL: 925-313-4188