HomeMy WebLinkAboutBOARD STANDING COMMITTEES - 04012019 - PPC Agenda Pkt
PUBLIC PROTECTION
COMMITTEE
April 1, 2019
10:30 A.M.
651 Pine Street, Room 101, Martinez
Supervisor John Gioia, Chair
Supervisor Federal D. Glover, 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 11, 2019 meeting. (Page 3)
4. CONSIDER accepting an introductory report on the issue of certain fees assessed by the
County related to the criminal justice system and provide direction to staff regarding
next steps. (Paul Reyes, Committee Staff) (Page 7)
5.The next meeting is currently scheduled for May 6, 2019.
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:
Paul Reyes, Committee Staff
Phone (925) 335-1096, Fax (925) 646-1353
paul.reyes@cao.cccounty.us
PUBLIC PROTECTION COMMITTEE 3.
Meeting Date:04/01/2019
Subject:RECORD OF ACTION - March 11, 2019
Department:County Administrator
Referral No.: N/A
Referral Name: RECORD OF ACTION - March 11, 2019
Presenter: Paul Reyes, Committee Staff Contact: Paul Reyes, (925) 335-1096
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 11, 2019
meeting.
Recommendation(s)/Next Step(s):
APPROVE Record of Action from the March 11, 2019 meeting.
Fiscal Impact (if any):
No fiscal impact. This item is informational only.
Attachments
Record of Action - March 11, 2019
Page 3 of 19
PUBLIC PROTECTION
COMMITTEE
**RECORD OF ACTION**
March 11, 2019
10:30 A.M.
651 Pine Street, Room 101, Martinez
Supervisor John Gioia, Chair
Supervisor Federal D. Glover, Vice Chair
Agenda Items:Items may be taken out of order based on the business of the day and preference of the Committee
Present: John Gioia, Chair
Federal D. Glover, Vice Chair
Staff Present: Tim Ewell, Chief Assistant County Administrator
1.Introductions
Convene - 10:30 AM
2.Public comment on any item under the jurisdiction of the Committee and not on this
agenda (speakers may be limited to three minutes).
Public comment was received.
3.APPROVE Record of Action from the February 4, 2019 meeting.
Approved as presented.
Chair John Gioia, Vice Chair Federal D. Glover
AYE: Chair John Gioia, Vice Chair Federal D. Glover
Passed
4.1. ACCEPT a report on the County's Multi-Agency Juvenile Justice Plan; and
2. PROVIDE direction to staff regarding the recruitment process for the community
based organization and public member seats on the Contra Costa County Juvenile
Justice Coordinating Coucil.
Approved as presented with the following direction to staff:
Page 4 of 19
Approved as presented with the following direction to staff:
Proceed with the proposed 8-week application process;1.
Directed the Juvenile Justice Coordinating Council to implement the Juvenile
Justice Action Strategy;
2.
Report back to the Committee with an update upon completing the Georgetown
University project.
3.
Chair John Gioia, Vice Chair Federal D. Glover
AYE: Chair John Gioia, Vice Chair Federal D. Glover
Passed
5.1. ACCEPT an update on the Board of Supervisor's letter requesting the Contra Costa
County Fairgrounds to ban gun shows; and
2. PROVIDE direction to staff on next steps.
Approved as presented.
Vice Chair Federal D. Glover, Chair John Gioia
AYE: Chair John Gioia, Vice Chair Federal D. Glover
Passed
6.APPROVE the fiscal year 2018/2019 AB 109 funding for the Public Defender's West
County EarlyRep program in the amount of $43,858.
Approved as presented with the following modification:
Approved FY 18/19 AB 109 funding for the Public Defender's West County
EarlyRep program in the amount of $63,000.
1.
Chair John Gioia, Vice Chair Federal D. Glover
AYE: Chair John Gioia, Vice Chair Federal D. Glover
Passed
7.ACCEPT the recommendation by the QAC to increase Fast Eddie’s award by
$37,500 to be executed as a new contract for $73,797 with a term of November 1,
2018 through December 31, 2019.
1.
DIRECT the ORJ to award up to $50,000 from the Local Innovation Fund through
“micro – grants” in amounts ranging from $3,000 - $10,000 to the five agencies
currently participating in the County’s Capacity Building Project.
2.
DIRECT staff to conduct an RFP process to utilize remaining revenue of the Local
Innovation Fund.
3.
Approved as presented.
Chair John Gioia,
AYE: Chair John Gioia
Page 5 of 19
Other: Vice Chair Federal D. Glover (ABSENT)
Passed
8.The next meeting is currently scheduled for April 1, 2019.
9.Adjourn
Adjourned - 11:58 AM
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 6 of 19
PUBLIC PROTECTION COMMITTEE 4.
Meeting Date:04/01/2019
Subject:Criminal Justice Fees
Submitted For: PUBLIC PROTECTION COMMITTEE,
Department:County Administrator
Referral No.: N/A
Referral Name: Criminal Justice Fees
Presenter: Paul Reyes, Committee Staff Contact: Paul Reyes, 925-335-1096
Referral History:
On February 26, 2019, The Board of Supervisors referred to the Public Protection Committee the
topic of criminal justice system fees charged to individuals and a review the current programs,
policies and practices related to criminal justice fees. A copy of the referral is attached for
reference.
Referral Update:
Background
Momentum to end criminal fees is growing in the state and individual counties have begun to
view criminal justice fees as “high pain, low gain,” and have taken steps to eliminate them. In
2017, the County of Los Angeles eliminated its public defender registration fee. In May 2018,
San Francisco eliminated all criminal administrative fees under its control, freeing over 21,000
people of more than $32,000,000 in outstanding criminal administrative fees and surcharges.
Most recently, in December 2018, the Alameda County Board of Supervisors voted to eliminate a
host of county-imposed criminal fees. The board voted to eliminate $26,000,000 in fees for tens of
thousands of Alameda County residents. A copy of the Alameda County Board of Supervisors
approved ordiance is attached for reference.
With the passage of Senate Bill 190 in 2017, the State of California eliminated juvenile justice
fees in all counties. In January 2019, Senate Bill (SB) 144 was introduced by Sen. Holly Mitchell
and would state the intent of the Legislature to enact legislation to eliminate the range of
administrative fees that agencies and courts are authorized to impose to fund elements of the
criminal legal system, and to eliminate all outstanding debt incurred as a result of the imposition
of administrative fees. There has recently been discussion at the state level about the proposed
elimination of specific fees – the probation fee, the public defender fee, and work furlough fee.
This will likely be amended into SB 144 (Mitchell). SB 144 is currently on referral to the Senate
Rules Committee for assignment. A copy of SB 144 is attached for reference.
Page 7 of 19
The general argument in favor of continuing criminal justice fees is that these fees generate
revenue for public programs and to fund their operations. Elimination of certain fees is effectively
eliminating a revenue source and could potential result in reduction in County services. This needs
to be weighed against a strong argument against imposing criminal justice fees. There is public
concern that criminal justice fees are inequitable in that these fees are disproportionately imposed
on communities of color and are especially harmful for Black and Latinx people, who are
overrepresented in the criminal legal system across the state. Additionally, many view these fees
as being regressive; hurting the poorest the most. Criminal justice fees are also viewed as being
an inefficient source of government revenue. With the majority of criminal cases qualifying for
indigent defense, these fee are a poor way to raise revenue and are often difficult to collect. There
is also concern that these fees are impoverishing in that large monetary sanctions translate to large
levels of debt that reinforce poverty. Lastly, there is concern that criminal fees could undermine
public safety. The goal of a successful post-incarceration period is to reintegrate into the
community, yet these fees are perceived as creating significant barriers to successful reentry.
Analysis of adult criminal justice fees has proven to be complicated. State law dictate a very
complex process for the distribution of fine and fee revenue. Per a recent Legislative Analyst’s
Office report, state law currently contains at least 215 distinct code sections specifying how
individual fines and fees are to be distributed to state and local funds, including additional
requirements for when payments are not made in full.
Today’s report will focus on those fees that have been positively identified as being local and
discretionary fees (i.e. not mandated by California law), specifically Probation Fees, Public
Defender Fees, and Sheriff Custody Alternative Facility Fees. Further research and analysis will
be needed on other fines and fees collected by the Contra Costa Superior Court of California
(Court) and remitted to the County.
Probation Fees
Probation Report Fee - In 2009, the Board of Supervisors adopted Ordinance 2009-28 authorizing
the Probation Department to charge a fee of $176 for the cost of generating a probation report to
the Court. This is one-time fee.
Cost of Probation Fee - In 2010, the Board of Supervisors adopted Resolution No. 2010/262 to
increase the monthly Cost of Probation Fee from $50 per month to $75 per month (average daily
cost of $2.50).
Probation Drug Testing Fee – The Probation Department currently charges $10 per month
(average daily cost of $0.33) for drug testing.
Probation Dept. Drug Diversion Fee – The Probation Department currently receives
approximately $1,000 per year from this fee.
All adults that have been ordered to formal Probation, which includes mandatory supervision, and
ordered to pay Probation fees, drug testing fees and/or the cost of their court report shall be
assessed for their ability to pay said fees. The ability-to-pay determination is sent to the Court. The
Court will order the amount the probationer is required to pay and refer the probationer to the
Court Collections Unit for collection.
The following table illustrates the total amount of probation fees a probationer could
Page 8 of 19
hypothetically be charged. This is assuming the probation is placed on 3 years of probation and
requires monthly drug testing. Over 3 years, a probationer could be charged up to $3,236 for
probation.
Example Probationer Cost # of Months Total
Supervision $75/month 36 2,700
Drug Testing $10/month 36 360
Report Fee $176 one-time n/a 176
Total Cost of Probation 3,236
Cost of Collection and Revenue
The following table shows the actual and estimated cost of collection and revenue for FY 17/18 and FY 18/19,
respectively. The Probation fee revenue is used to offset the salaries of adult Deputy Probation Officers.
Fee
FY 17/18 Estimated FY 18/19
Collection
Cost Revenue Collection
Cost Revenue
Probation Dept. Drug Diversion
Fee (PC 1001.9)143 1,249 10 1,000
Cost of Probation Fee 91,957 475,573 82,000 444,000
Probation Cost of Drug Test Fee
(PC 1203.1(ab))12,332 60,638 12,000 61,000
Probation Report Fee (PC
1203.1(b))4,554 27,333 5,000 30,000
Total 108,986 564,793 99,010 536,000
Public Defender Fees
Penal Code 987.81 authorizes the Court to consider and make a determination of the defendant’s ability to pay all
or a portion of the costs of legal assistance provided through the public defender or private counsel appointed by the
court and may order the defendant to pay all or a part of the cost.
Adults charged with capital or homicide cases may have to pay fees ordered by the court at the conclusion of the
case to reimburse the County for the cost of outside counsel. The defendant is referred to the Contra Costa Superior
Court Collections Unit by the judge who orders the amount to be paid. The Court makes a determination as to how
much, if any, of the ordered amount the person can afford to pay. This determination is made on a sliding scale
based upon the person's financial resources. The Office of the Public Defender is not involved in the determination
of, or collection of fees.
Cost of Collection and Revenue
The following table shows the actual and estimated cost of collection and revenue for FY 17/18 and FY 18/19,
respectively. The Public Defender Fee revenue is used to offset cost of County trial court function, specifically
costs associated with capital cases.
Fee
FY 17/18 Projected FY 18/19
Collection
Cost Revenue Collection
Cost Revenue
Public Defender Fee 1,849 26,100 - 121,000
Page 9 of 19
Sheriff Office Custody Alternative Facility Program Fees
In 2009, the Board of Supervisors approved Resolution No. 2009/435 setting the fees for the Office of the Sheriff
custody alternative programs. The current fees for the Custody Alternative Facility programs are provided below.
Fee Cost
Electronic Home Detention and Alcohol
Monitoring:
Application fee $125.00 one-time
Electronic Home Monitoring Only $20.00 per day
Alcohol Monitoring Only $20.00 per day
Electronic Home Monitoring and Alcohol Monitoring $23.50 per day
Urinalysis Test $6.00 per test
Work Alternative Program:
Application fee $125.00 one-time
Daily Fee $16.00 per day
Ability to Pay Process
The current Custody Alternative Facility (CAF) procedure provides for the CAF participant to be completely
enrolled in a CAF program prior to discussing fees or ability to pay. Participants review and complete the personal
budget with their assigned CAF Specialist. The participant will then request a reduction/waiver of fees based on
their stated ability to pay. A CAF Sergeant will review and approve the Personal Budget form. A participant's
inability to pay all or a portion of any fee(s) will not preclude them from being enrolled or completing any program
offered by the Custody Alternative Facility.
Process of Collections
CAF fees are collected after the participant is enrolled in a CAF program. Fees can be paid in the manner which is
most appropriate for the participant. Participants can pay their total program fees at one time or over a
pre-determined length of time. There is no process established to collect payment from participants who complete
the program, but do not pay. A participant's ability to successfully complete a CAF programs is not impacted by
lack of payment.
Future Plan for CAF Electronic Home Detention and Work Alternative Prog rams
CAF is currently working with representatives from the Office of Re-Entry and Justice, the Public Defender’s
Office, and Reentry Solutions Group to present updated Ability to Pay forms.
Revenue
The following table shows the actual and estimated revenue for FY 17/18 and FY 18/19, respectively. The CAF
Fee revenue is used to offset program costs.
Program FY 17/18 Projected FY
18/19
Work Alternative Program 443,055 423,000
Electronic Home Detention 568,541 12,000
Total 1,011,596 435,000
Page 10 of 19
Recommendation(s)/Next Step(s):
ACCEPT an introductory report on the issue of certain fees assessed by the County related
to the criminal justice system; and
1.
PROVIDE direction to staff on next steps.2.
Fiscal Impact (if any):
No immediate fiscal impact.
Attachments
Board of Supervisors Referral - Criminal Justice Fees
Alameda County Ordinance Eliminating Fees
Senate Bill 144
Page 11 of 19
RECOMMENDATION(S):
REFER to the Public Protection Committee the issue of criminal justice system fees charged to individuals.
FISCAL IMPACT:
No fiscal impact. This action refers the issue of justice system fees to the Public Protection Committee.
BACKGROUND:
Existing law allows the County to impose various criminal justice fees for the cost of administering the
criminal justice system. This referral is being requested to review the current programs, policies and
practices related to criminal justice fees.
CONSEQUENCE OF NEGATIVE ACTION:
The issue will not be referred to the Public Protection Committee for review.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Diane Burgis, District III
Supervisor
Contact: Paul Reyes,
925-335-1096
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: February 26, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 83
To:Board of Supervisors
From:PUBLIC PROTECTION COMMITTEE
Date:February 26, 2019
Contra
Costa
County
Subject:Criminal Justice Fees
Page 12 of 19
ORDINANCE NO. 2018-67 --
AN ORDINANCE AMENDING SECTION 2.42.190 OF THE ADMINISTRATIVE CODE TO
ELIMINATE PROBATION FEES; REPEALING RESOLUTION 2011-142 REGARDING PUBLIC
DEFENDER/CONFLICT COUNSEL FEES FOR REPRESENTATION OF INDIGENT ADULTS;
AND ELIMINATING SHERIFF'S WORK ALTERNATIVE PROGRAM ADMINISTRATIVE AND
ATTENDANCE FEES.
WHEREAS, criminal justice financial obligations like probation supervision and investigation fees,
indigent defense fees, and fees associated with work release programs, can have long-term
effects that can undermine successful societal reentry goals of the formerly-incarcerated, such as
attaining stable housing, transportation, and employment; and
WHEREAS, this Board of Supervisors recognizes that criminal justice debt levied against low-
income or indigent adults compromises key principles of fairness in the administration of justice
in a democratic society and engenders deep distrust of the criminal justice system among those
overburdened by such debt; and
WHEREAS, California Penal Code section 1203 .1 b authorizes but does not require a county to
recover the actual costs for probation services in lieu of incarceration; and
WHEREAS, County of Alameda Administrative Code section 2.42.190 establishes probation
department fees; and
WHEREAS, California Penal Code sections 987 .5 and 987.8 authorizes but does not require the
assessment of fees to cover the costs of appointed counsel; and
WHEREAS, the Board of Supervisors most recently authorized Indigent Defense Fees in
Resolution 2011-142; and
WHEREAS, California Penal Code section 4024.2 authorizes but does not require a board of
supervisors to assess an administrative fee on inmates of the county jail for costs associated with
a county 's work release program; and
WHEREAS , the Board of Supervisors has approved the Alameda County Sheriff's Office Sheriff
Work Alternative Program (SWAP) and set administrative and attendance fees for participation in
that Program ; and
WHEREAS, the Board of Supervisors finds that it is in the best interest of the County, justice-
involved adults , and the larger community to repeal the above-named adult fees; and
WHEREAS, it is also in the best interests of the County and the community that the Auditor-
Controller be authorized to write-off all accounts receivable balances and close the associated
fee accounts;
Page 13 of 19
NOW, THEREFORE, the Board of Supervisors of the County of Alameda ordains as follows:
SECTION I
Section 2.42.190 of the County of Alameda Administrative Code is hereby amended to read as
follows :
2.42.190 Probation Department fees.
Notwithstanding any prior County ordinance or resolution of the Board of Supervisors to permit
assessment of probation fees and costs under California Penal Code section 1203.1 b, neither
the Probation Department nor any other County agency shall assess fees for probation
services , or any other fees or costs authorized by Penal Code section 1203.1 b.
SECTION II
The Public Defender schedule of fees authorized by this Board in Resolution No. 2011-142 on
May 1 0, 2011 is hereby repealed.
SECTION Ill
The Sheriff's Office Alternative Work Program (SWAP) administrat ive fee and attendance fee ,
authorized by this Board by resolution as permitted by Penal Code section 4024.2 is repealed .
Neither the Sheriff's Office or any other County agency shall assess SWAP administration or
attendance fees.
SECTION IV
This ordinance shall take effect and be in force thirty (30) days from and after the date of passage
and before the expiration of fifteen (15) days after its passage it shall be published once with the
~
names of the members voting for and against 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 4th
day of December ,· 2018 , by the following called vote :
AYES : Su pervisors Carson, Haggerty, Miley & Preside n t Ch a n
NOES : None
EXCUSED : Su pervisor V a l le
' ~~/2--
President of the Board of Supervisors
ATTEST :
Clerk of the Board of Supervisors ,
Page 14 of 19
\)~ By:. __ ~~~~~~~~-----------
Deputy Clerk
APPROVED AS TO FORM:
DONNA R. ZIEGLER, COUNTY COUNSEL
By:
Assistant County Counsel
I -Page 15 of 19
SENATE BILL No. 144
Introduced by Senator Mitchell
January 18, 2019
An act relating to criminal fees.
legislative counsel’s digest
SB 144, as introduced, Mitchell. Fees: criminal administrative fees.
Existing law imposes various fees contingent upon a criminal arrest,
prosecution, or conviction for the cost of administering the criminal
justice system, including administering probation and diversion
programs, collecting restitution orders, processing arrests and citations,
administering drug testing, incarcerating inmates, facilitating medical
visits, and sealing or expunging criminal records.
This bill would state the intent of the Legislature to enact legislation
to eliminate the range of administrative fees that agencies and courts
are authorized to impose to fund elements of the criminal legal system,
and to eliminate all outstanding debt incurred as a result of the
imposition of administrative fees.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares all of the
line 2 following:
line 3 (a) State law authorizes counties to charge criminal
line 4 administrative fees. These financial exactions are imposed in
line 5 addition, in many cases, to serving time in prison, and are intended
line 6 to generate revenue for public programs and to fund their
line 7 operations.
Page 16 of 19
line 1 (b) Administrative fees, penalty assessments, and surcharges
line 2 are extraordinarily burdensome. Individuals exiting the criminal
line 3 justice system are often charged dozens of administrative fees and
line 4 surcharges, totaling thousands of dollars per person. In Los Angeles
line 5 County, for example, someone with a 3-year term of probation
line 6 accumulates over $5,500 in probation fees alone.
line 7 (c) These fees are charged to people who have already paid their
line 8 debt to society and serve no formal punitive function, and are often
line 9 assigned to people who simply cannot afford to pay them.
line 10 (d) This practice often pushes families into poverty and can trap
line 11 them in a cycle of debt. They serve as a perpetual punishment by
line 12 pushing vulnerable families further into economic insecurity and
line 13 peril, as well as increased mental stress, with low-income people
line 14 and people of color often hit the hardest. Additionally, a national
line 15 survey of formerly incarcerated people found that families often
line 16 bear the burden of fees, and that 83 percent of the people
line 17 responsible for paying these costs are women.
line 18 (e) Due to overpolicing and systemic racial bias, these fees are
line 19 disproportionately imposed on communities of color and are
line 20 especially harmful for Black and Latinx people, who are
line 21 overrepresented in the criminal legal system across the state.
line 22 Despite making up only 7 percent of the state population, Black
line 23 people make up 23 percent of the probation population and are
line 24 also grossly overrepresented in felony and misdemeanor arrests.
line 25 Moreover, close to half of Black and Latinx households in
line 26 California live on the brink of poverty as they struggle to put food
line 27 on the table and pay for housing.
line 28 (f) The vast majority of people exiting jail or prison are
line 29 unemployed, have unstable housing, have no steady source of
line 30 income, and find work difficult or nearly impossible to obtain after
line 31 release. Approximately 80 percent of individuals in jail are
line 32 indigent. Yet, after someone has already served their time, they
line 33 frequently receive a bill for a long list of fines and fees to pay for
line 34 probation, fingerprinting, and mandated user fees. According to a
line 35 report by the Ella Baker Center for Human Rights, the average
line 36 debt incurred for court-related fines and fees of over 700 people
line 37 surveyed was $13,607, nearly equal to the annual income for
line 38 respondents in the survey.
line 39 (g) Criminal fees also undermine public safety. The goal of a
line 40 successful postincarceration period is to reintegrate into the
2
Page 17 of 19
line 1 community, yet these fees create significant barriers to successful
line 2 reentry. These financial burdens frequently hit individuals at the
line 3 precise moment they are trying to turn their lives around. The
line 4 nonpayment of criminal fees can lead to wage garnishment, bank
line 5 account levies, tax refund intercepts, driver’s and professional
line 6 license suspensions, negative credit scores, and even incarceration
line 7 or deportation. These consequences can, in turn, limit access to
line 8 employment, housing, education, and public benefits, which creates
line 9 additional barriers to successful reentry. Research also shows that
line 10 the fees can push individuals into underground economies and can
line 11 result in individuals turning to criminal activity or predatory
line 12 lending to pay their debts.
line 13 (h) Criminal fees are also an inefficient source of government
line 14 revenue. Research shows that the fees are expensive and difficult
line 15 to collect. For instance, in one year, Alameda County Central
line 16 Collections spent approximately $1.6 million toward collection of
line 17 adult fines, fees and restitution for all cases, resulting in a net loss
line 18 of $1.3 million. Similarly, a study of comparable juvenile
line 19 administrative fees found that counties typically netted very little
line 20 or even lost revenue after accounting for collections costs.
line 21 (i) Momentum to end criminal fees is growing in the state and
line 22 individual counties have begun to recognize that these fees are
line 23 “high pain, low gain,” and are taking steps to eliminate them. In
line 24 May 2018, San Francisco eliminated all criminal administrative
line 25 fees under its control, freeing over 21,000 people of more than
line 26 $32,000,000 in outstanding criminal administrative fees and
line 27 surcharges. Additionally, in December of 2018, the Alameda
line 28 County Board of Supervisors voted to eliminate a host of
line 29 county-imposed criminal fees. The board voted to eliminate
line 30 $26,000,000 in fees for tens of thousands of Alameda County
line 31 residents. In 2017, the County of Los Angeles eliminated its public
line 32 defender registration fee.
line 33 (j) With the passage of Senate Bill 190 in 2017 and other
line 34 important criminal justice reform bills, California is a national
line 35 leader in criminal justice reform. In order to live up to our
line 36 progressive values of fairness, equity, and opportunity for all, the
line 37 Legislature should continue its work on criminal justice reform
line 38 and take all measures necessary to ensure all California families
line 39 have a chance to achieve economic stability and are treated fairly.
3
Page 18 of 19
line 1 SEC. 2. It is the intent of the Legislature to enact legislation
line 2 to eliminate the range of administrative fees that agencies and
line 3 courts are authorized to impose to fund elements of the criminal
line 4 legal system, and to eliminate all outstanding debt incurred as a
line 5 result of the imposition of administrative fees.
O
4
Page 19 of 19