HomeMy WebLinkAboutBOARD STANDING COMMITTEES - 07102017 - PPC Agenda Pkt
PUBLIC PROTECTION
COMMITTEE
***SPECIAL MEETING***
July 10, 2017
1:00 P.M.
651 Pine Street, Room 107, Martinez
Supervisor Federal D. Glover, Chair
Supervisor John Gioia, Vice Chair
Agenda
Items:
Items may be taken out of order based on the business of the day and preference
of the Committee
1.Introductions
2.Public comment on any item under the jurisdiction of the Committee and not on this
agenda (speakers may be limited to three minutes).
3. APPROVE Record of Action from the March 6, 2017 meeting. (Page 4)
4. CONSIDER accepting a report on the refunding of certain fees assessed in the juvenile
justice system and forward a recommendation to the Board of Supervisors. (Todd
Billeci, County Probation Officer) (Page 8)
5.The next meeting is currently scheduled for Monday, August 7, 2017 at 10:30 am.
6.Adjourn
The Public Protection Committee will provide reasonable accommodations for persons with
disabilities planning to attend Public Protection Committee meetings. Contact the staff person
listed below at least 72 hours before the meeting.
Any disclosable public records related to an open session item on a regular meeting agenda and
distributed by the County to a majority of members of the Public Protection Committee less than
96 hours prior to that meeting are available for public inspection at 651 Pine Street, 10th floor,
during normal business hours.
Public comment may be submitted via electronic mail on agenda items at least one full work day
prior to the published meeting time.
For Additional Information Contact:
Timothy Ewell, Committee Staff
Phone (925) 335-1036, Fax (925) 646-1353
timothy.ewell@cao.cccounty.us
PUBLIC PROTECTION COMMITTEE 3.
Meeting Date:07/10/2017
Subject:RECORD OF ACTION - March 6, 2017
Submitted For: PUBLIC PROTECTION COMMITTEE,
Department:County Administrator
Referral No.: N/A
Referral Name: RECORD OF ACTION - March 6, 2017
Presenter: Timothy Ewell, Committee Staff Contact: Timothy Ewell, (925) 335-1036
Referral History:
County Ordinance requires that each County body keep a record of its meetings. Though the
record need not be verbatim, it must accurately reflect the agenda and the decisions made in the
meeting.
Referral Update:
Attached for the Committee's consideration is the Record of Action for its March 6, 2017 meeting.
Recommendation(s)/Next Step(s):
APPROVE Record of Action from the March 6, 2017 meeting.
Fiscal Impact (if any):
No fiscal impart. This item is informational only.
Attachments
Record of Action - March 2017
Page 4 of 24
PUBLIC PROTECTION
COMMITTEE
***RECORD OF ACTION***
March 6, 2017
10:30 A.M.
651 Pine Street, Room 101, Martinez
Supervisor Federal D. Glover, Chair
Supervisor John Gioia, Vice Chair
Agenda Items:Items may be taken out of order based on the business of the day and preference of the Committee
Present: Federal D. Glover, Chair
John Gioia, Vice Chair
Staff Present:Timothy M. Ewell, Committee Staff
1.Introductions
Convene
2.Public comment on any item under the jurisdiction of the Committee and not on this
agenda (speakers may be limited to three minutes).
The Committee received public comment.
3.APPROVE Record of Action from the February 6, 2017 meeting.
Approved as presented.
Chair Federal D. Glover, Vice Chair John Gioia
AYE: Chair Federal D. Glover, Vice Chair John Gioia
Passed
4.1. RECEIVE an update on the status of Reentry Strategic and AB109 Operational Plan
updates, and
2. APPROVE the Office of Reentry and Justice to commence a request for proposals
process to contract for facilitation and plan development services to assist with the
update to both plans, and
3. PROVIDE additional direction to staff as necessary.
Approved as presented Page 5 of 24
Approved as presented
Vice Chair John Gioia, Chair Federal D. Glover
AYE: Chair Federal D. Glover, Vice Chair John Gioia
Passed
5.1. ACCEPT a verbal update on the status of certain fees assessed in the juvenile justice
system, and
2. DETERMINE whether the current moratorium on the assessment and collection of
those fees should be made permanent for final consideration by the Board of
Supervisors
Approved as presented with the following direction to staff:
1. Recommend approval of a permanent repeal on the collection of juvenile justice
fees currently under a temporary moratorium authorized by the Board of
Supervisors.
2. Return to the Committee with a proposal to refund certain juvenile justice fees
paid to the County erroneously.
Chair Federal D. Glover, Vice Chair John Gioia
AYE: Chair Federal D. Glover, Vice Chair John Gioia
Passed
6.1. INTRODUCE referral on County law enforcement participation and interaction with
Federal immigration authorities, and
2. PROVIDE direction to staff on next steps.
Approved as presented with the following direction to staff:
1. Direct the County Probation Officer to return to the Committee with the
Probation Department policy on interaction with Federal immigration authorities
following review by County Counsel.
2. Direct the County Administrator's Office to review the revenue and expenditures
related to the Sheriff's Office Federal contract with the Department of Homeland
Security, Immigration and Customs Enforcement (ICE) and return to the
Committee at a future date.
Vice Chair John Gioia, Chair Federal D. Glover
AYE: Chair Federal D. Glover, Vice Chair John Gioia
Passed
7.The next meeting is currently scheduled for Monday, April 3, 2017 at 10:30 AM.
Page 6 of 24
8.Adjourn
Adjourned
The Public Protection Committee will provide reasonable accommodations for persons with disabilities planning to attend Public Protection
Committee meetings. Contact the staff person listed below at least 72 hours before the meeting.
Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the County to a majority of
members of the Public Protection Committee less than 96 hours prior to that meeting are available for public inspection at 651 Pine Street,
10th floor, during normal business hours.
Public comment may be submitted via electronic mail on agenda items at least one full work day prior to the published meeting time.
For Additional Information Contact:
Timothy Ewell, Committee Staff
Phone (925) 335-1036, Fax (925) 646-1353
timothy.ewell@cao.cccounty.us
Page 7 of 24
PUBLIC PROTECTION COMMITTEE 4.
Meeting Date:07/10/2017
Subject:REFERRAL ON JUVENILE FEES CHARGED BY THE PROBATION
DEPARTMENT
Submitted For: David Twa, County Administrator
Department:County Administrator
Referral No.: N/A
Referral Name: REFERRAL ON JUVENILE FEES CHARGED BY THE PROBATION
DEPARTMENT
Presenter: Timothy Ewell, Committee Staff Contact: Timothy Ewell, (925) 335-1036
Referral History:
On July 19, 2016, the Board of Supervisors referred to the Public Protection Committee a review
of fees assessed for services provided while a minor is in the custody of the Probation
Department. Welfare and Institutions Code 903 et seq. provides that the County may assess a fee
for the provision of services to a minor in the custody of its Probation Department. This request
was following a statewide discussion as to whether or not these fees should be imposed by
counties on the parents or legal guardians of minors in the custody of the County. For reference,
included as an attachment is a survey conducted by the California State Association of Counties
(CSAC) trying to determine what policies individual counties have put in place related to juvenile
fees (Attachment A). In addition, the County of Alameda adopted a resolution in March 2016
imposing a moratorium on juvenile fees and in July 2016 adopted an ordinance to repeal all
juvenile fees. Copies of the Board Letter, Resolution and Ordinance are included in the agenda
packet for reference (Attachment B).
Collection of Fees
For several years, the County operated an Office of Revenue Collection (ORC) to centralize the
collection of fees, fines and other assessments due to the County. The ORC was discontinued in
2010 and the responsibility for the collection of fees was returned to the departments that
originally imposed the fee. In the case of the Probation Department, the responsibility for both
juvenile fees and adult public defense fees were assigned. At the time, it was determined to be
inefficient to establish a collection unit in both the Probation Department and Public Defender's
Office.
Authority for Juvenile Fees
California Welfare and Institutions Code 903 et seq. provides counties the ability to recover costs
Page 8 of 24
California Welfare and Institutions Code 903 et seq. provides counties the ability to recover costs
for the provision of services to juveniles in-custody. In 2003, the Board of Supervisors adopted
Resolution No. 03/591 establishing a fee for reimbursement of the actual cost of care of a minor in
detention at Orin Allen Youth Rehabilitation Facility (OAYRF) and Juvenile Hall. The
Resolution authorized the Probation Department to collect $17.03 per day, per minor. In 2010,
the Board of Supervisors adopted Resolution No. 2010/253 increasing the fee from $17.03 per
day to $30.00 per day following legislative action increasing the maximum recovery amount to
$30.00 per day. In 2009, the Board of Supervisors adopted Ordinance No. 2009-23 establishing a
$17-per-day fee for electronic surveillance of minors who are under Probation supervision.
Probation Collections Unit
The fiscal year 2016/17 budget authorizes 4.0 FTE employees to staff the Probation Collections
Unit (PCU); (2) two Collections Enforcement Officers, (1) one Accounting Technician and (1)
one Clerk-Specialist Level position. A summary of the Recommended Budget is summarized
below:
Note that the fiscal year 2016/17 budget plan for PCU anticipates a Net County Cost (NCC) of
($289,938). Since the NCC is a negative number, this should be looked at as a revenue for
purposes of analyzing budgetary impacts.
PCU Actual Performance Since Inception
The table below illustrates actual budget performance of PCU since inception in fiscal year
2010/11. Over the past six years, PCU has generated between $200k-250k in net collections
revenue for the County each year. In fiscal year 2015/16 (shown in the YTD Actuals column) that
figure has increased to approximately $374k due to cost savings from a vacancy in the unit and
higher than average collection revenue.
Page 9 of 24
* Note that the "YTD Actuals" column reflects the fiscal year 2015/16 unaudited actuals.
Composition of Revenues
Since the PCU collects revenue for both the Probation and Public Defender departments, it is
important to illustrate the revenues generated from each stream of fee recovery revenue. The table
below shows the breakdown of Gross Revenue in each fiscal year, by fee type:
The most important finding to be made from the information in the table above is that annual fee
revenue from each source exceeds the average net collections revenue from year to year discussed
earlier in this report. That is to say that discontinuing one of the two fees would result in PCU
being unable to cover its annual operating costs from year-to-year.
How Does PCU Compare to the Cost of Running Juvenile Hall?
The PCU operates in a separate cost center within the Probation Department budget. However,
since the PCU currently provides a net collections revenue benefit to the department as a whole, it
is important to illustrate the relative costs to the County for operating the Juvenile Hall as an
illustration. A summary of the fiscal year 2016/17 Recommended Budget is provided below for
reference:
Current Status of Accounts Receivable
Currently, the PCU has $16.9 million in accounts receivable outstanding through June 30, 2016.
A breakdown by fee type and year of assessment is attached to this staff report for reference
(Attachment C). In summary, $8.55 million is attributable to Juvenile Fees and $8.34 million is
attributable to Public Defender fees with the oldest account dating back to 1990.
Prior Public Protection Committee Actions
Page 10 of 24
The Public Protection Committee heard this item on September 26, 2016 and forwarded the issue
to the Board of Supervisors for discussion. Ultimately, on October 25, 2016 the Board adopted
Resolution No. 2016/606, which established a moratorium on the assessment and collection of
juvenile fees. Concurrently, the Board directed staff to return to the Public Protection Committee
and forward a recommendation back to the Board by May 31, 2017.
On March 6, 2017, the Committee received an update from the County Probation Officer on the
status of juvenile fees and the current moratorium. At that time the Committee recommended that
the juvenile fees subject to the temporary moratorium be permanently repealed and directed staff
to return to the Committee with a recommendation as to how to refund certain juvenile justice fees
that were erroneously charged by the County.
Referral Update:
The Probation Department reviewed four years (11/1/12-11/1/16) of information and examined
5,497 Juvenile Hall administrative fee accounts. Of the 5,497 accounts, the department received
full or partial payments on 1,652 accounts, which is a 30% collection rate.
The Probation Department reviewed all 1,652 accounts to determine if there were any
overpayments for minors in custody at Juvenile Hall where payments were made even though
there was not a sustained petition. This included minors who were charged as adults but were
housed in Juvenile Hall, regardless of the final disposition.
Of the 1,652 accounts, Probation determined there were 224 accounts, which is 14% of the
accounts, where an overpayment was made for a total of $58,172. It should be noted that of the
224 accounts, 17 accounts involved minors who were charged as adults. 15 of the 17 adult files
matters resulted in convictions, while the other 2 matters were eventually referred to juvenile
court and the petitions were sustained.
The total dollar amount for the 17 adult file accounts is $33,033. The 3 largest overpayments, 1
for $6,000 and 2 for $8,000, totaling roughly $22,000, were adult file matters, which eventually
resulted in convictions.
The Probation Department recommends that the Committee forward to the Board of Supervisors a
request for authorization to refund the $58,172 in overpayments received by the department in
conjunction with the Board's consideration of whether or not to permanently repeal certain
juvenile justice fees, which was previously recommended by the Committee at the March 2017
meeting.
Recommendation(s)/Next Step(s):
1. ACCEPT a report on the refunding of certain fees assessed in the juvenile justice system;
2. FORWARD a recommendation to the Board of Supervisors;
3. PROVIDE any additional direction to staff.
Fiscal Impact (if any):
No immediate fiscal impact.
Page 11 of 24
Attachments
Attachment A - CSAC Survey Results - Juvenile Fees
Attachment B - County of Alameda Resolution Establishing Moratorium and Ordinance on Juvenile Fees
Attachment C - PCU Outstanding Balances through June 30, 2016
Page 12 of 24
CSAC Survey Results
Juvenile Fees
August 2016
Alameda County placed a moratorium on the assessment and collection of fees in March 2016.
Los Angeles County placed a moratorium on the assessment of fees in 2009.
San Francisco County has not charged fees to date for these activities.
Fresno County the $50 juvenile administrative fee is charged to the parents when a juvenile is
cited by law enforcement.
Santa Barbara County does charge administrative fees to juveniles related to community service
work and we charge their parents for basic juvenile hall and camp costs related to their child's
support and enrollment. There is also a 10% restitution collection surcharge.
Santa Cruz County charges a daily juvenile hall charge, which is $ 27 per day. They do not charge
supervision fees, records sealing fees or charge for electronic monitoring.
Kern County does not charge juvenile administration fees.
Page 13 of 24
Page 14 of 24
Page 15 of 24
Page 16 of 24
RESOLUTION NO. 2016-6 6 ---
A RESOLUTION PLACING A MORATORIUM ON THE ASSESSMENT AND
COLLECTION OF ALL JUVENILE PROBATION FEES AND THE JUVENILE
PUBLIC DEFENDER FEE
WHEREAS , the County of Alameda currently charges youth involved in the juvenile justice
system and their families six Probation Department fees and a Public Defender fee ; and
WHEREAS , the seven fees are as follows : 1) a fee for each night spent in Juvenile Hall , 2) a fee
for each night spent at Camp Wilmont Sweeney, 3) a one-time fee for public defender
representation, 4) a one-time investigation fee , 5) a daily electronic monitoring fee, 6) a monthly
supervision fee , and 7) a fee for drug testing and lab confirmation; and
WHEREAS , in 2009 the Alameda County Board of Supervisors increased the two existing
detention fees (Juvenile Hall and Camp Sweeney) and added four new fees to the existing fee
schedule, and in 2015 , the Board eliminated the juvenile record sealing fee; and
WHEREAS , families and advocates in Alameda County have reported that these fees cause
financial hardship and disrupt family stability; and
WHEREAS , unpaid administrative fees become civil judgments, which can result in referrals to
the Franchise Tax Board where parents ' wages can be garnished, their bank accounts can be
levied and their tax refunds can be intercepted ; and
WHEREAS , it is in the interest of the County, of young people involved in the juvenile justice
system and their families , and of the larger community that the County repeal the seven juvenile
probation fees and public defender fee; and
WHEREAS , it is in the interest of the County to adopt this resolution in order to allow staff to
develop a plan to address the effects of the repeal of these juvenile probation fees and to identify
funding for the services currently supported with these juvenile probation fees to maintain the
fiscal integrity of affected County departments , including , but not limited to , the Probation
Department, the Auditor-Controller 's Office, and the Office of the Public Defender; and
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors as follows:
Section 1. A moratorium is imposed on the assessment and collection of juvenile probation and
juvenile public defender fees , suspending the assessment and collection of:
A. Fees for time juveniles spend in Juvenile Hall ;
B. Feed for time juveniles spend at Camp Wilmont Sweeney;
C. Fees for the Public Defender 's and court-appointed counsel 's representation of juveniles ;
D. Fees for the Probation Department's investigation of juvenile cases;
E . Fees for the Probation Department's supervision of juveniles;
F. Fees for the electronic (GPS) monitoring of juveniles; and
G . Fees for drug testing of juveniles.
Page 17 of 24
Section 2. Unless extended by action of this Board, the moratorium shall expire upon repeal of
the fees listed in Section 1.
Section 3. For the purpose of implementing this moratorium , no later than June 28, 2016 ,
County staff is directed to return to the Board of Supervisors with a plan and ordinance for the
repeal of fees listed in Section 1.
Section 4. That the moratorium imposed by Section 1 ofthis Resolution shall be effective as
soon as it is reasonably possible for the County Auditor-Controller to stop collecting the fees.
THE FOREGOING WAS PASSED AND ADOPTED by the Board of Supervisors this 29th day
of March, 2016 , to wit:
AYES: Supervisors Carson, Chan, Miley, Valle & President Haggerty
NOES: None
EXCUSED: None
ATTEST:
Clerk of the Board of Supervisors
APPROVED AS TO FORM:
DONN R. ZIEGLER, COUNTY COUNSEL
By:~-v-~~~~~----1-:r-~...._~~
Donna R. Ziegler, County Counsel
Scott Haggerty, President
Board of Supervisors
Page 18 of 24
SUSAN S. MURANISHI
COUNTY ADMINISTRATOR
Honorable Board of Supervisors
Administration Building
Oakland, CA 94612
Dear Board Members:
AGENDA June 28, 2016
COUNTY ADMINISTRATOR
June 22, 2016
SUBJECT: ADOPT AN ORDINANCE AMENDING ADMINISTRATIVE CODE SECTION 2.42.190
AND THE JUVENILE FEE SCHEDULES FOR PROBATION AND PUBLIC DEFENDER
TO REPEAL ALL JUVENILE FEES
RECOMMENDATIONS:
Consistent with your Board's direction on March 29, 2016:
A) Adopt an ordinance amending Section 2.42.190 of the Administrative Code of the County of
Alameda to remove the assessment and collection of juvenile probation fees; and
B) Amend Resolution No. 2009-468 to repeal juvenile fees collected by the Probation Department in
their existing fee schedule for drug or substance abuse testing, laboratory test confirmations and
electronic or Global Positioning System (GPS) monitoring; and
C) Amend Resolution No. 2011-142 to repeal juvenile fees collected by the Public Defender's Office in
their existing fee schedule for the Public Defender fee that is assessed for each juvenile case referred
to their office.
DISCUSSION/SUMMARY:
On March 29, 2016, your Board passed and adopted Resolution No. 2016-66, which placed a moratorium on
the assessment and collection of all juvenile Probation fees and the juvenile Public Defender fee for Alameda
County youth involved in the juvenile justice system. The corresponding board letter requested that the
County Administrator's Office, Auditor-Controller's Agency, Probation Department and the Public
Defender's Office develop a plan and ordinance to amend Section 2.42.190 of the Administrative Code
("Collection of probation department fees") to repeal the portions related to assessment and collection of
juvenile fees, which had been allowed per California Welfare and Institutions Code Sections 903 and 904.
Per the approved board letter and resolution, the Auditor-Controller's Agency immediately suspended the
collection of juvenile probation fees on March 29, 2016. Action was taken to immediately close two
financial hearing offices at the Juvenile Justice Center. Written notices regarding the moratorium were sent
to all families on April 6, 2016. Every payment that was received after March 29th was returned or refunded,
resulting in refunds totaling $4, 700 between March 29 and June 10. Over-the-counter payments, U.S. Postal
Service payments and any checks were returned to families immediately. Tax intercepts, wage garnishments
and lockbox check deposits were refunded promptly. All collections referred to the Franchise Tax Board
were immediately withdrawn, but additional time was required for the State to receive and remit payments to
the County. Since May 1, very few payments have been received resulting in fewer refunds processed.
1221 OAK STREET • SUITE 555 • OAKLAND, CALIFORNIA 94612 • 510 272-6984 • FAX 510 272-3784
www.acgov.org
SECOND READING - CONTINUED FROM 06/28/2016
Page 19 of 24
Honorable Board of Supervisors
June 22, 2016
Page 2
The Probation Department has also reached out to Presiding Judge Charles Smiley of the Juvenile
Dependency Court. Judge Smiley will continue to address each case and situation on its own merits, giving
careful consideration to the recommendations of probation and its effects on families in the juvenile justice
system.
County Impacts
Juvenile administrative fees paid for specific services provided to those involved in the system as allowed
under California Welfare and Institutions Code Sections 903 and 904. Services included programs, activities
and staffing costs. The repeal of these juvenile fees represents a loss of revenue between $500,000 and
$550,000 annually for Alameda County. The Proposed Fiscal Year 2016-17 Budget eliminated the
collection of juvenile administration fee revenue but expenditures remained in department's operating
budgets relying on alternative revenue sources, including the County's General Fund. Additionally, there
remains approximately $2 million in outstanding (assessed, but uncollected) fees assessed since.
Details on departmental revenue reduction impacts are provided below.
Public Defender's Office
In Fiscal Year 2014-15, the Public Defender's Office received just over $33,000 in revenue from the juvenile
Public Defender fee per Resolution No. 2011-142, which is the estimated annual revenue loss. The fees
were used to partially offset the cost of juvenile legal representation and were used to cover cost of telephone
charges, equipment supplies and expert witnesses when necessary. These service costs will now be covered
by other funding sources, primarily the General Fund, and there are no adjustments needed to continue the
same level of service.
Probation Department
Based on Fiscal Year 2014-15 totals, the Probation Department estimates that $275,000 in revenue for
juvenile probation fees will be lost annually due to the amendments to Section 2.42.190 of the
Administrative Code and Resolution No. 2009-468. These fees were used to support juvenile life skills and
educational programming in Camp Sweeney and Juvenile Hall, which could see a reduction in scope of
services, activities or events due to the loss ofrevenue. This includes but is not limited to: Camp Sweeney's
Freedom School, Camp Sweeney's Annual Tolerance Tour, Juvenile Hall's Annual Resource Fair and the
Destiny Arts Program. Ancillary costs such as special events, bus tickets, payment for bills, etc., are not
mandatory but do help youth and families complete their terms and conditions of probation. Other sources
of revenue, including the County General Fund, will be needed to continue these services.
Juvenile GPS monitoring is court-ordered per California Welfare and Institutions Code section 601. As
such, these are mandated services that the County must continue to provide. The estimated annual cost of
electronic/GPS monitoring for juveniles is $180,000. Today, there are 69 youth in Probation currently being
monitored. Additionally, each lost or damaged device costs over $23,000 to replace. GPS monitoring costs
have never been fully offset by juvenile fees, but now the Probation Department, through use of General
Funds, will be required to cover the whole cost of these services.
While drug testing for juveniles may also be court-ordered, it is also a term of probation and Camp
placement. Juvenile drug testing and post-testing laboratory confirmation costs the department
approximately $30,000 annually. Drug testing costs have never been fully offset by juvenile fees, but now
the Probation Department, through use of General Funds, will be required to cover the whole cost of these
services.
Page 20 of 24
Honorable Board of Supervisors
June 22, 2016
Page 3
Auditor-Controller's Office
The estimated revenue lost by the Auditor-Controller's Office is between $200,000 and $250,000 annually.
Staff in the Auditor-Controller's Office is assigned to the collection of a wide variety of fees, including these
juvenile fees. This fee revenue was used to support a portion of staff salary and benefits costs. Since the
establishment of the moratorium, affected staff has been assigned to other collection activities.
Given the steps that have been taken by the Auditor-Controller's Office to halt the assessment and collection
of fees and the actions that each affected department has taken to plan and assess how the loss of revenue
will affect programs, services and staffing, we ask that your Board approve the attached ordinance to repeal
the juvenile probation fees and the juvenile Public Defender fee effective immediately.
FINANCING:
The repeal of the juvenile fees translates into loss of revenue for the County of up to $558,000 annually in
newly assessed fees, which breaks down as follows:
Department Annual Revenue Loss*
Auditor-Controller $ 200,000 -250,000
Probation 275,000
Public Defender 33,000
Total $ 508,000 -558,000
*Approximate
As a result of the Board's action to enact a moratorium on Juvenile Administrative Fees, the FY 2016-17
Proposed Budget reduced revenue collections as indicated above. Department expenses funded previously
with fee revenue are budgeted to continue without a specific new revenue source. This revenue loss was part
of the FY 2016-17 funding gap and resulted in increased General Fund costs of up to $558,000.
Additionally, $2 million in outstanding fees assessed since 2009 will remain uncollected. With service-
related expenditures continuing, the net loss to the County is the full amount of revenue that had been
generated each year plus any prior year collections that we may have been able to recover.
Respectfully submitted,
Susan S. Muranishi
County Administrator
~~1 ~-w-fi1 rk~.Harris
Chief Probation Officer
SSM:MLC:mcp
cc: County Counsel
cYitue-f??~·
Steve Manning
Auditor/Controller
~ren~<_
Public Defender
Page 21 of 24
ORDINANCE NO. 2016-3 5
AN ORDINANCE AMENDING SECTION 2.42 .190 OF THE ADMINISTRATIVE
ORDINANCE CODE TO REPEAL JUVENILE PROBATION FEES, AMENDING
RESOLUTION NO . 2011-142 TO REPEAL THE PUBLIC DEFENDER FEE FOR
REPRESENTATION OF JUVENILES, AND AMENDING RESOLUTION NO . 2009-468
TO REPEAL THE PROBATION DEPARTMENT JUVENILE SUPERVISION ,
JUVENILE ELECTRONIC AND GLOBAL POSITIONING SYSTEMS MONITORING,
AND JUVENILE DRUG AND SUBSTANCE ABUSE TESTING FEES
WHEREAS, on March 29 , 2016, the Board of Supervisors adopted Resolution No. 2016-66 (the
Resolution) placing a moratorium on the assessment and collection of seven juvenile probation
fees and the Juvenile Public Defender Fee (collectively the Fees); and
WHEREAS, the Resolution directed staff to return to the Board of Supervisors no later than
June 28 , 2016, with a plan and an ordinance for the repeal of the Fees; and
WHEREAS, the Board of Supervisors finds that it is in the best interest of the County to repeal
the Fees and terminate the moratorium;
NOW, THEREFORE, the Board of Supervisors of the County of Alameda ordains as follows :
SECTION I
Section 2.42.190 of the Alameda County Administrative Ordinance Code is hereby
amended to read as follows :
2.42 .190 -Collection of probation department fees .
The following fees and charges shall be paid to the Alameda County
probation department or the county of Alameda collection agent:
A. Fees for adult investigations and for providing probation supervision of
adults, pursuant to Penal Code Section 1203 .1 b, as follows :
1. Adult investigations: Seven hundred ten dollars ($710.00) per case .
2. Adult supervision : Ninety dollars ($90 .00) per month .
The administrator of the home detention program or his designee, shall have the
option to waive the fees for program supervision .when deemed necessary,
justified or in the interest of justice. All fees paid for program supervision shall be
deposited into the general fund of the county . Inmates involuntarily participating
in the home detention program shall not be charged fees or costs for the
program.
B. Fees for the petition for a change of plea or setting aside of a verdict shall
be as follows, pursuant to Penal Code Section 1203.4:
1. Costs of actual services rendered : Not to exceed one hundred fifty dollars
($150 .00) per case.
This fee shall be applied to a person whether or not the petition is granted and
the records are sealed or expunged.
Page 22 of 24
SECTION II
The Probation Department schedule of fees adopted in Resolution No . 2009-468 on
December 1 2009 , is amended to repeal the "Juven ile Supervision Fee " of $90 .00 per month,
the "Juvenile Electron ic and Global Positioning Systems Monitoring Fee " of $15.00 per day for
the cost of electronic surveillance of a minor, and the "Drug and Substance Abuse Testing Fee "
of $7 .17 per drug test and $21 .51 per laboratory confirmation for juveniles . The "Drug and
Substance Abuse Testing Fee " of $7 .17 per drug test and $21 .51 per laboratory confirmation for
adults shall remain in effect.
SECTION Ill
The Publ ic Defender schedule of fees adopted in Resolution No. 2011-142 on May 10 ,
2011 , is amended to repeal the .$300 fee for representation of juveniles established in Section
1.A of the Resolution .
SECTION IV
This ordinance shall take effect and be in force thirty (30) days from and after the date of
passage and before the expirat ion of fifteen (15) days after its passage it shall be publ ished
once with the names of the members voting for and aga inst the same in the Inter-City Express ,
a newspaper published in the County of Alameda .
Adopted by the Board of Supervisors of the County of Alameda , State of California , on
the _l_~y of July , 2016 , by the following called vote :
AYES : Supervisors Carson, Chan, Miley, Valle & President Haggerty
NOES: None
EXCUSED : None
ATTEST :
Clerk of the Board of Supervisors ,
By :~
DeputY5efl<
APPROVED AS TO FORM :
::N_N_A_R._~..._IE_G_L_:_:_· -~-O;z_U-NT-~-CO-UN-S-EL
Andrea L. Weddle
Ass istant County Counsel
Page 23 of 24
PROBATION COLLECTIONS UNIT
OUTSTANDING BALANCES
as of June 30, 2016
CLIENT# (FEE TYPE)
DATE
ASSIGNED
BALANCE
REMAINING CLIENT# (FEE TYPE)
DATE
ASSIGNED
BALANCE
REMAINING
2010 86,408 1995 765
2011 306,104 1996 2,125
2012 482,550 1997 5,207
2013 325,120 1998 12,805
2014 269,911 1999 163,701
2015 316,778 2000 513,914
2016 148,480 2001 696,337
TOTAL 1,935,351$ 2002 649,684
2003 638,625
2009 16,914 2004 624,632
2010 697 2005 567,033
2011 91,223 2006 516,570
2012 102,513 2007 640,562
2013 107,228 2008 568,781
2014 86,587 2009 453,979
2015 192,691 2010 350,384
2016 113,138 TOTAL 6,405,105$
TOTAL 710,991$
1990 733
2010 229,117 1996 305
2011 560,683 1997 1,668
2012 377,524 1998 3,344
2013 467,078 1999 220,336
2014 486,320 2000 232,546
2015 615,274 2001 393,006
2016 301,178 2002 148,942
TOTAL 3,037,175$ 2003 135,039
2004 120,437
2010 183,485 2005 129,124
2011 253,115 2006 246,830
2012 276,178 2007 459,391
2013 284,910 2008 419,579
2014 251,175 2009 311,241
2015 294,444 2010 282,108
2016 152,238 2013 626
TOTAL 1,695,546$ TOTAL 3,105,256$
GRAND TOTAL 16,889,424$
30356 Ranch ‐ Probation
22005 Public Defender ‐
Probation
30305 Juvenile Hall/Ranch ‐
Office of Revenue Collections
20005 & 21005 Public Defender ‐
Office of Revenue Collections
30310 & 30310a Juvenile
Electronic Monitoring ‐ Probation
30355 & 30355a Juvenile Hall ‐
Probation
Page 24 of 24