HomeMy WebLinkAboutMINUTES - 05112010 - SD.17RECOMMENDATION(S):
OPEN the public hearing to increase the fee charged by the Probation Department for
sealing juvenile records; RECEIVE and CONSIDER oral and written testimony regarding
the proposed fee increase; and CLOSE the hearing.
ADOPT Resolution No. 2010/252, authorizing the Probation Department to charge a fee of
$150.00 for juvenile record seal investigations.
FISCAL IMPACT:
The Probation Department conducts approximately 115 juvenile record seal investigations
per year. Under the current fee of $120.00 per investigation, the Probation Department
generates approximately $13,800.00 in revenue to offset a portion of the actual cost of
conducting these investigations. The current actual cost of conducting juvenile seal
investigations is $193.03 per investigation, which exceeds the statutory maximum allowed
by law. Adoption of this resolution, increasing the fee to the statutory maximum of $150.00
per investigation, is expected to increase the estimated annual revenue to $17,250.00 and 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: June McHuen, Deputy
cc: PROBATION DEPARTMENT - L. HARTMANN, PROBATION DEPARTMENT - P. HERNANDEZ, OFFICE OF REVENUE COLLECTION - J.
JEFFERSON
SD.17
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 RECORD SEAL INVESTIGATION SERVICES
BACKGROUND:
The subject of a juvenile court case may file a petition requesting that the juvenile court
seal his or her case records in certain circumstances. (Welf. & Inst. Code section 781(a).)
The father, mother, spouse, or other person liable for the support of a minor are jointly
and severally liable for the costs to the County for any investigation related to the seal
and for the seal of any juvenile court or arrest records. (Welf. & Inst. Code section
903.3(a).) Welfare and Institutions Code section 903.3 provides that the rate of
reimbursement is to be determined by the County Board of Supervisors.
In 2004, the Board of Supervisors adopted Resolution No. 2004/559, which established a
fee pursuant to Welfare and Institutions Code section 903.3 for reimbursement of the
actual cost of a juvenile record seal investigation conducted by the Probation
Department. The Resolution allowed the Probation Department to collect $120.00 per
juvenile record seal investigation, the maximum allowed by statute. In 2004, the actual
cost of a record seal investigation to the Probation Department was $154.53, which
exceeded the maximum amount allowed by statute.
In 2009, the Legislature amended Section 903.3, increasing the maximum allowable fee
to $150.00 per investigation. In addition, the actual cost of a record seal investigation to
the Probation Department increased from $154.53 to $193.03 per investigation. The
actual cost 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. 2010/252 will result in loss of increased reimbursement
revenue to the Probation Department. The Department will not be able to collect
additional fees to offset the increased costs of conducting a juvenile record seal
investigation.
CHILDREN'S IMPACT STATEMENT:
CLERK'S ADDENDUM
CLOSED the hearing; ADOPTED Resolution No. 2010/252, authorizing the Probation
Department to charge a fee of $150.00 for juvenile record seal investigations.
ATTACHMENTS
Resolution No. 2010/252
Resolution No. 2010/252 Fee Calculation - Juvenile Record Seal