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Home My WebLink AboutMINUTES - 06282011 - SD.3RECOMMENDATION(S): 1. ACKNOWLEDGE the passage of SB 1102, effective August 16, 2004, which sets the booking fees charged from July 1, 2005 to the present at an amount that does not exceed one-half of the actual administrative costs for booking or other processing of a person brought to a County jail for booking or detention. 2. CONDUCT a PUBLIC HEARING on the proposed increase of the criminal justice administrative (booking) fee from $170.00 to $282.00 per booking, pursuant to Government Code section 29550 (as amended by SB 1102), and on the increase of the Jail Access Fee from $340.00 to $564.00, pursuant to Government Code section 29551(b). 3. ACKNOWLEDGE that the adoption of the State 2011/12 budget will determine which section of the booking fee statute will be operative during fiscal year 2011/12 and will affect the level and type of fee(s) charged by the County. 4. RECEIVE oral and written testimony regarding the proposed fee increase. 5. CLOSE hearing and FIND that: (1) the Criminal Justice Administrative Fee Methodology APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 06/28/2011 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 Karen Mitchoff, 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: June 28, 2011 , County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: SD. 3 To:Board of Supervisors From:David Twa, County Administrator Date:June 28, 2011 Contra Costa County Subject:CRIMINAL JUSTICE ADMINISTRATIVE (JAIL BOOKING) AND JAIL ACCESS FEES in the County Administrator’s report filed on June 10, 2011 is correct; (2) adequate notice of the June 28, 2011 public hearing was given in the County Administrator’s RECOMMENDATION(S): (CONT'D) report; (3) the proposed increases to the criminal justice administrative (jail booking) fee from $170.00 to $282.00 and to the jail access fee from $340.00 to $564.00 do not exceed the actual costs for booking or other processing of a person brought to a County jail for booking or detention as demonstrated by the attached fee calculation. 7. ADOPT Ordinance 2011-13, repealing and re-enacting County Ordinance 2007-26, to increase the amount of the criminal justice administrative (booking) fee as authorized under Government Code section 29550 and the jail access fee as authorized under Government Code section 29551(b). FISCAL IMPACT: The proposed fee increase will permit the County to recover booking costs should the State fail to allocate booking fee backfill. The adoption of the State 2011/2012 budget will determine which section of the booking fee statute will be operative during fiscal year 2011/12. Until the State's allocation for booking fee backfill is identified, the fiscal impact to the County and to local law enforcement agencies cannot be determined. BACKGROUND: Since 1991 the County has charged a criminal justice administrative (booking) fee for certain bookings at the County’s adult detention facilities. The fee is authorized pursuant to California Government Code section 29550. The last fee adjustment occurred in May 2005 when the fee charged to local agencies was decreased from $211.00 to $170.00 as a result of legislation that required counties to cap the fee at fifty percent (50%) of the actual administrative costs of booking. As part of the 2006/07 State Budget, Governor Schwarzenegger approved legislation that revised the structure of booking fees. Under that legislation, the state committed to appropriate $35 million to allocate to counties in lieu of booking fees. The $35 million was based upon the total amount of booking fee revenues received by counties in fiscal year 2006/07. Under this revised funding structure Contra Costa County has received $1.5 to $2.1 million as the state has not always appropriated the full $35 million. The Legislature anticipated that with the elimination of booking fees local agencies might experience an increase in the bookings and the jail population at local detention facilities. The Legislature incorporated a trigger in the statute to permit collection of booking fees from local agencies should the annual number of bookings increase. The 2007 legislation authorized the County to annually recalculate the average number of specifically delineated nonfelony bookings over the prior three-year period. Pursuant to Government Code section 29551, the County may levy a jail access (booking) fee for bookings that exceed the three-year average for a local agency. The jail access fee shall not exceed the actual cost of booking an arrested person into the local detention facility. Beginning July 1, 2007, counties were authorized to charge fees under the following limited circumstances: ? In any year in which the state appropriates at least $35 million in booking fee backfill, the county may only charge public agencies a jail access fee if the agencies bookings exceed their three year average number of bookings. ? In any year in which the state appropriates less than $35 million in booking fee backfill, the county may charge public agencies a jail access fee pursuant to Government Code section 29551(b), and a partial booking fee pursuant to Government Code section 29551(e). ? In any year in which the state fails to appropriate any booking fee backfill whatsoever, counties may charge a booking fee pursuant to GC section 29550, but may not charge a jail access fee. ? Regardless of the amount of booking fee backfill appropriated by the state the counties may recover the actual cost of booking (in Contra Costa County, $564.00) from arrested persons upon conviction pursuant to GC section 29550 and County Ordinance Code section 2007-26. Today’s hearing is on the proposed increases to the criminal justice administrative (jail booking) fee from $170.00 to $282.00, and to the jail access fee from $340.00 to $564.00 per booking. The proposed fee increase will permit the County to recover booking costs should the State fail to allocate booking fee backfill. In preparation for today’s hearing notice of the hearing was sent to the affected agencies and notice was published in the newspaper. Additionally, copies of the Criminal Justice Administrative Fee Methodology were mailed to police agencies 14 days prior to the hearing date. CONSEQUENCE OF NEGATIVE ACTION: CHILDREN'S IMPACT STATEMENT: CLERK'S ADDENDUM Speaker: Fred Dectorchio, Contra Costa County Police Chiefs spoke in opposition to the proposed increase. CLOSED the public hearing; and ADOPTED Ordinance 2011-13, repealing and re-enacting County Ordinance 2007-26, to increase the amount of the criminal justice administrative (booking) fee as authorized under Government Code section 29550 and the jail access fee as authorized under Government Code section 29551(b). ATTACHMENTS Ordinance No. 2011-13 Jail Booking and Jail Access Fees Jail Booking and Jail Access Fee Calculation CONTRA COSTA COUNTY CRIMINAL JUSTICE ADMINISTRATIVE FEE METHODOLOGY The criminal justice adminisitrative (booking) fee is authorized by State Law by the terms of Government Code Section 29550. Booking fees under this section are limited to one-half the actual administrative cost of booking or other processing of persons arrested and brought to County detention. The Contra Costa County Board of Supervisors will receive oral and/or written testimony regarding this fee on Tuesday, June 28, 2011, at 10:00 AM in the Board's Chambers, 651 Pine Street, 1st floor, Martinez. Attached are the criminal justice administrative fee calculations and supporting documentation. The "all inclusive" method of costing was used to determine the fee. The rationale for the all inclusive method is to determine the annual cost of the booking service and divide that amount by the annual number of bookings to establish a rate per booking. Specific questions regarding this material should be directed to the County Administrator's Office at (925) 335-1077. Source Data Salaries & Benefits data was taken from the 2011-12 County-Wide Salary Projection. Where specific individuals could be identified, the individual salaries and benefits amounts were used. Where staffing assignments are frequently rotated, an average salaries and benefits amount calculated calculated for each job classification was used. Services & Supplies data was taken from the May 2011 adjusted budget reflected in the Sheriff's budget statement. Time allocations, identity of administrative staff, determination of which services and supplies amounts were allowable, direct or indirect, and the number of bookings were obtained from discussions with Sheriff and Health Services Department personnel. County Administration data were taken from the most current Cost Plan prepared by the Auditor- Controller. Allocation Method To the extent possible, all direct costs were identified and included in booking as direct. Allowable indirect costs were allocated between "booking" and "all other programs" on the basis of direct salaries and benefits. W:BOOKCALC 2011.XLS;2011-12 Summary Contra Costa County Calculation Summary 2011/12 Booking Unit Cost Analysis Booking Unit Direct Costs and Indirect Overhead Allocation Booking Schedule Description Costs Reference Direct Salaries & Benefits $11,265,149 1 Indirect Costs: Department Administration 862,918 4 Martinez Detention Administration 1,034,810 6 County Administration-Cost Plan Allocation (71,539) 8 Systems Maintenance Costs 26,832 10 Total Estimated Booking Unit Costs $13,118,170 Projected Number of Annual Bookings 23,246 9 Total Projected Cost Per Booking $564.32 Recalculated Booking Fee $282.16 W:BOOKCALC 2011.XLS;2011-12 Summary Contra Costa County2005/06 Booking Unit Cost AnalysisDirect Booking Unit Salaries and BenefitsSchedule 1Positions Annual Productive Annual Holiday Annual Sheriff Sheriff TOTALClass Class Name Function per Annualized Salaries & Hourly Rate Sal & Ben Incremental Holidays Retiree Health OPEB AnnualShift Day Swing Morning Other Week Hours Benefits* 1800 hrs/yr Excl Holiday Rate 13 Costs Costs Sal & Ben6XWA Deputy SheriffIntake 2 20.0 20.0 20.0 21,900169,702 94.28 2,064,732 47.14 110,308 87,179 28,691 2,290,9106XWA Deputy SheriffEscort 3 21.0 24.0 21.0 24,090169,702 94.28 2,271,205 47.14 121,338 95,897 31,560 2,520,0006XWA Deputy SheriffClassification 1 10.0 10.0 10.0 10,950169,702 94.28 1,032,366 47.14 55,154 43,589 14,346 1,145,45564VF Sheriff AideIntake 1 2.0 2.0 2.0 2,19093,624 52.01 113,902 26.01 6,086 3,740 2,869 126,59764VF Sheriff AideCentral Control 1 2 min/booking 77593,624 52.01 40,301 26.01 2,029 1,323 1,015 44,668JDTD Account Clerk-Adv LevelReconciliation 1 12.5 65085,691 47.61 30,947 23.81 0 1,110 852 32,909JWXC Clerk-Senior LevelIntake 1 9.0 9.0 9.0 9,85582,193 45.66 449,979 22.83 24,040 16,829 12,911 503,75964VD Detention Services WorkerRestock 1 1 hr/day 36579,291 44.05 16,078 22.03 0 623 478 17,17964VE Sheriff's SpecialistCalibrate Livescan 1 3.0 15691,600 50.89 7,939 25.45 0 266 204 8,4106XTA SergeantDirect Supervision 1 10.0 10.0 10.0 10,950206,062 114.48 1,253,556 57.24 66,971 43,589 14,346 1,378,462Contract Medical DoctorMedical consultation 15 min/booking for 20% total bookings 1,162108.00 125,528 0.00 0 N/A N/A 125,528Contract PsychiatristPsychiatric consultation 5 min/booking for 5% total bookings 97210.74 20,412 0.00 0 N/A N/A 20,412VWXD *Registered NurseIntake 2 16.0 16.0 16.0 17,520176,505 98.06 1,718,011 49.03 91,784 N/A N/A 1,809,795VQSB *Mental Health Clinic SpecialistIntake 1 8.0 8.0 8.0 8,760132,887 73.83 646,751 36.92 34,554 N/A N/A 681,305VQHP *Mental Health Program SupervisoDirect Supervision 1 10.0 520142,83679.35 41,26239.68 1,547 N/A N/A 42,809Detention Totals109,940 1,693,419 9,832,969 513,811 294,147 107,272 10,748,198Projected Annual Bookings (feeds from Summary page)23,246Overtime Calculations: Martinez Detention Facility budgeted overtime (feeds from Fiche-Costplan Rpt tab) 1,500,000(divide by) Martinez Detention Facility estimated salaries & benefits 21,038,941(equals) Overtime as a percent of straight time7.1%Booking direct salaries & benefits excluding holiday pay (multiply by O/T rate above)Martinez Detention Facility overtime expense allocated to booking516,951Total Annual Direct Salaries & Benefits Costs (to summary schedule)11,265,149SHIFTBOOKCALC 2011.XLS;1 Direct Salaries and Benefits Contra Costa County 2011/12 Booking Unit Cost Analysis Martinez Detention Facility Services and Supplies Schedule 2 Acct Description 10/11 Approp Unallowable Indirect 2100 Office Expense $70,000 $70,000 2102 Books-Periodicals-Subscriptions 1,000 $1,000 2103 Postage 1,000 $1,000 2110 Communications 29,000 $29,000 2111 Telephone Exchange Service 46,893 $46,893 2120 Utilities 200 $200 2130 Small Tools and Instruments 1,000 $1,000 2131 / 2132 Minor Equipment 15,000 $15,000 2140 Medical & Lab Supplies 0 $0 2150 Food 1,000,000 (1,000,000) $0 2160 Clothing & Personal Supplies 180,000 (93,047) $86,953 2170 Household Expense 515,000 $515,000 2200 Memberships 0 $0 2250 Rents/Leases: Equipment 20,000 $20,000 2251 Computer Software Costs 0 $0 2262 Building Occupancy Costs 27,300 $27,300 2270 Maintenance: Equipment 30,000 $30,000 2276 Mtc. Radio-Electronic Equipment 1,500 $1,500 2281 Maintenance of Buildings 0 $0 2282 Grounds Maintenance 2,000 $2,000 2284 Requested Maintenance 100,000 $100,000 2300 Transportation and Travel 0 $0 2301 Auto Mileage-Employees 1,000 $1,000 2302 Use of Company Vehicle-Equipment 0 $0 2303 Other Travel-Employees 17,000 $17,000 2305 Freight Drayage Express 0 $0 2310 Professional/Specialized Svcs 15,000 (15,000) $0 2314 Contracted Temporary Help 0 0 $0 2315 Data Processing 0 $0 2330 Other Gen Svcs Charges 0 $0 2331 GSD Courier Service 2,120 $2,120 2335 Other Telecom Charges 2,000 $2,000 2340 Other Interdepartmental Charges 0 $0 2467 Training and Registrations 10,000 $10,000 2476 Recreation 0 $0 2477 Education, Supplies, & Courses 0 $0 2479 Other Special Departmental Expense 12,000 $12,000 2491 Cash Shortage Reimbursement 250 $250 Totals $2,099,263 ($1,108,047)$991,216 *3000 and 4000 accounts were excluded, since they relate to capital items. * Source - CY (10/11) May 11 Budget Statement - Appropriations - 100300/0300 - 2xxx's for 2578 MDF BOOKCALC 2011.XLS;2 MDF Services & Supplies Contra Costa County 2011/12 Booking Unit Cost Analysis Overhead Allocation Rate Calculation Schedule 3 Total Direct Salaries & Benefits:Amounts Schedule Department Overhead Allocation Rate Booking Salaries & Benefits $11,265,149 1 Department Total Salaries & Benefits 131,736,612 Booking Labor as a percent of Department Labor (Used in Schedule 4) 8.6% MDF Overhead Allocation Rate Booking Salaries & Benefits 11,265,149 1 MDF Total Salaries & Benefits 24,120,208 Booking Labor as a % of MDF Labor (Used in Schedule 6) 46.7% Detention Overhead Allocation Rate Booking Salaries & Benefits 11,265,149 1 Detention Total Salaries & Benefits 54,064,780 Booking Labor as a % of Detention Labor (Used in Schedules 8 & 10) 20.8% BOOKCALC 2011.XLS;3 Labor Rate Calculations Contra Costa County 2011/12 Booking Unit Cost Analysis Department Administrative Overhead Schedule 4 SCHEDULE CLASSIFICATION AMOUNT Sheriff 393,811 Undersheriff -Exempt 333,385 Sheriff's Chief Management Services 188,122 Commander (2) 600,182 Captain (3) 848,703 Lieutenant (2) 487,257 Administrative Lieutenant 224,232 Sergeant (2) 385,985 Deputy Sheriff-40 hour 138,430 Director, Support Services (2) 303,122 Administrative Services Asst 107,832 Administrative Analyst (2) 183,264 Executive Secretary 103,608 Executive Assistant 113,256 Sheriff's Fiscal Officer 162,648 Clerical Supervisor 95,024 Clerks-Senior (8) 621,581 Supervising Accountant 146,016 Accountant I 100,644 Accounting Technician 98,688 Account Clerk-Advanced (9) 755,856 Sheriff's Specialist (2) 195,401 Background Investigators (3) 397,707 Information Systems Project Manager (2) 332,314 Network Administrator 143,460 Network Analyst II 152,568 Information System Specialist III (3) 372,828 Information System Programmer (2) 240,372 Information Systems Technician II 109,632 Equipment Service Writer 85,596 TOTAL DEPT. ADMINISTRATION SALARIES & BENEFITS 8,421,524 Services & Supplies Allowable as Indirect (from Schedule 5) 1,612,404 Total Dept Administration Allowable as Indirect 10,033,928 Booking Direct Labor as a % of Department Direct Labor (from Schedule 3) 8.6% Department Administration Allocated to Booking 862,918 BOOKCALC 2011.XLS;4 Department Administration Contra Costa County 2011/12 Booking Unit Cost Analysis Department Services and Supplies Schedule 5 Description 10/11 Approp Unallowable Indirect Direct 2100 Office Expense 65,500 $65,500 2102 Books-Periodicals-Subscriptions 3,500 $3,500 2103 Postage 6,000 $6,000 2110 Communications 56,000 $56,000 2111 Telephone Exchange Svc 54,900 $54,900 2130 Small Tools & Instruments 8,000 $8,000 2131 / 2132 Minor Equipment 27,140 $27,140 2140 Medical & Lab Supplies 6,000 $6,000 2141 Pharmaceutical Supplies 7,000 $7,000 2150 Food 0 $0 2160 Clothing & Personal Supplies 118,500 $118,500 2170 Household Expense 2,000 $2,000 2190 Publications/Legal Notices 10,100 $10,100 2200 Memberships 31,225 $31,225 2250 Rents/Leases: Equipment 24,000 $24,000 2251 Computer Software Costs 7,750 $7,750 2260 Rents/Leases: Property 0 $0 2262 Building Occupancy 38,590 $38,590 2270 Maintenance: Equipment 5,400 $5,400 2271 / 2272 Garage 200 $200 2276 Maintenance Radio-Electronic Equipment 1,500 $1,500 2281 Bldg Maintenance 3,000 $3,000 2282 Grounds Maintenance 7,000 $7,000 2284 Requested Maintenance 24,732 $24,732 2301 Auto Mileage-Employees 14,500 $14,500 2302 Use of Company Vehicle-Equipment 0 $0 2303 Other Travel-Employees 81,000 $81,000 2305 Freight Drayage Express 100 $100 2310 Professional/Specialized Services 310,000 $310,000 2313 Outside Attorneys 0 $0 2314 Contracted Temporary Help 11,000 $11,000 2315 Data Processing 19,665 $19,665 2326 Information Security Charges 18,733 $18,733 2331 GSD Courier Service 12,269 $12,269 2335 Other Telecom Chgs 7,700 $7,700 2340 Other Interdptmntal Charges 17,000 $17,000 2463 Audio-visual 0 $0 2467 Training & Registration 104,300 $104,300 2477 Education Supplies & Courses 9,000 $9,000 2478 Feed - Non Agricult Animal 0 $0 2479 Other Special Departmental Expense 499,000 $499,000 2490 Misc Service Supplies 100 $100 Totals $1,612,404 $0 $1,612,404 $0 * Source - CY (10/11) May 11 Budget Statement - Appropriations - 100300/0255 - 2xxx's for 2499 Sher Admin 3000 and 4000 accounts were excluded, since they relate to capital items. BOOKCALC 2011.XLS;5 Departmnt Services & Supplies Contra Costa County 2011/12 Booking Unit Cost Analysis Martinez Detention Facility, Administrative Overhead Schedule 6 From Salaries & Benefits Amount Schedule Detention/MDF Administration Salaries & Benefits $1,224,652 7 Services & Supplies Allowable as Indirect $991,216 2 Total MDF Administration/Systems Support Allowable as Indirect $2,215,868 Booking Direct Labor as a % of MDF Direct Labor 46.7%3 MDF Administration Allocated to Booking $1,034,810 BOOKCALC 2011.XLS;6 MDF Indirect Costs Contra Costa County 2011/12 Booking Unit Cost Analysis Martinez Detention Facility, Administrative Salaries and Benefits Schedule 7 Percent of Indirect Time Spent Salary & Sal. & Ben. Staff MDF Benefits Total Detention Administration Related to MDF: Commander-Custody Services 33% $288,145 $95,088 Captain-Custody Services 33% $284,509 $93,888 Lieutenant-Custody Services 33% $237,074 $78,234 Sergeant 33% $211,891 $69,924 Sergeant 33% $195,508 $64,518 Sergeant 50% $210,994 $105,497 Executive Secretary 33% $103,608 $34,191 Sheriff's Aide 33% $107,502 $35,476 Senior Clerk 40% $86,580 $34,632 Info System Project Manager 25% $168,114 $42,029 Info System Specialist III 15% $128,076 $19,211 Info System Technician II 15% $109,632 $16,445 Info System Programmer/Analyst 10% $111,216 $11,122 Full Time MDF Facility Administration: Lieutenant-MDF 100% 234,975 234,975 Sergeant - Operations 100% 191,701 191,701 Clerical Supervisor 100% 97,722 97,722 Total Indirect MDF Administration Salaries & Benefits $1,224,652 (to Schedule 6) Note: The Food Service and Inmate Services Directors were excluded from this analysis BOOKCALC 2011.XLS;7 MDF Indirect Sal. & Ben. Contra Costa County 2011/12 Booking Unit Cost Analysis County A-87 Administrative Overhead Allocation Schedule 8 The County prepares a Cost Plan Report each year to allocate County Administration costs to County Service Departments in accordance with A-87. Below is the allocation of these costs from the most recent Cost Plan to Booking activities. From Amounts Schedule Cost Plan allocation to Detention* $5,307,158 Less Unallowable: Building Occupancy (including Use Allowance) 5,651,096 Net Allowable (343,938) Booking Fee Direct Labor % - Detention x 20.8%3 County Overhead Allocated to MDF Booking Unit (71,539) * Source: Contra Costa County, costplan 10-11-page 11. BOOKCALC 2011.XLS;8 County Admin O.H. Cost Contra Costa County 2011/12 Booking Unit Cost Analysis MDF Booking History Schedule 9 12 Month 12 Month % change Year Month MDF Moving Total of from Bookings Average Average Prior Mo. 2010 February 1,803 1,895 22,855 -7.4% 2010 March 1,947 1,894 22,843 8.0% 2010 April 2,123 1,914 22,856 9.0% 2010 May 2,104 1,931 22,886 -0.9% 2010 June 1,933 1,934 22,920 -8.1% 2010 July 1,996 1,940 22,957 3.3% 2010 August 2,119 1,948 22,987 6.2% 2010 September 2,083 1,960 23,026 -1.7% 2010 October 2,040 1,971 23,078 -2.1% 2010 November 1,899 1,981 23,153 -6.9% 2010 December 1,871 1,989 23,246 -1.5% BOOKCALC 2011.XLS;9 MDF Booking History Contra Costa County 2011/12 Booking Unit Cost Analysis System Maintenance Costs Schedule 10 From Amounts Schedule Annual Software Maintenance Costs $129,000 Annual Hardware Maintenance Costs $0 Net Allowable 129,000 Booking Fee Direct Labor % - Detention x 20.8%3 County Overhead Allocated to MDF Booking Unit 26,832