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Home My WebLink AboutBOARD STANDING COMMITTEES - 04262021 - PPC Agenda PktPUBLIC PROTECTION COMMITTEE April 26, 2021 10:30 A.M. VIRTUAL MEETING The public may observe and participate in the virtual Zoom meeting by using this link: https://cccounty-us.zoom.us/j/89029692000 Meeting ID: 890 2969 2000 Or by dialing: (214) 765-0478 or (888) 278-0254 (US Toll Free) Conference code: 507994 Supervisor Candace Andersen, 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 22, 2021 meeting. (Page 4) 4.RECEIVE an update on the County's moratorium on certain adult criminal justice fees and PROVIDE direction to staff. (Paul Reyes, Senior Deputy County Administrator) (Page 7) 5.CONSIDER accepting a report from the Sheriff's Office regarding the Inmate Welfare Fund, telecommunications, and visitation . (Assistant Sheriff Steven Simpkins, Sheriff's Office) (Page 12) 6.The next meeting is currently scheduled for May 24, 2021. 7.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 1025 Escobar St.,4th Floor, Martinez, 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) 655-2049, Fax (925) 655-2066 paul.reyes@cao.cccounty.us Glossary of Acronyms, Abbreviations, and other Terms (in alphabetical order): Contra Costa County has a policy of making limited use of acronyms, abbreviations, and industry-specific language in its Board of Supervisors meetings and written materials. Following is a list of commonly used language that may appear in oral presentations and written materials associated with Board meetings: AB Assembly Bill ABAG Association of Bay Area Governments ACA Assembly Constitutional Amendment ADA Americans with Disabilities Act of 1990 AFSCME American Federation of State County and Municipal Employees AICP American Institute of Certified Planners AIDS Acquired Immunodeficiency Syndrome ALUC Airport Land Use Commission AOD Alcohol and Other Drugs ARRA American Recovery and Reinvestment Act BAAQMD Bay Area Air Quality Management District BART Bay Area Rapid Transit District BCDC Bay Conservation & Development Commission BGO Better Government Ordinance BOS Board of Supervisors CALTRANS California Department of Transportation CalWIN California Works Information Network CalWORKS California Work Opportunity and Responsibility to Kids CAER Community Awareness Emergency Response CAO County Administrative Officer or Office CCHP Contra Costa Health Plan CCTA Contra Costa Transportation Authority CCP Community Corrections Partnership CDBG Community Development Block Grant CEQA California Environmental Quality Act CIO Chief Information Officer COLA Cost of living adjustment ConFire Contra Costa Consolidated Fire District CPA Certified Public Accountant CPI Consumer Price Index CSA County Service Area CSAC California State Association of Counties CTC California Transportation Commission dba doing business as EBMUD East Bay Municipal Utility District EIR Environmental Impact Report EIS Environmental Impact Statement EMCC Emergency Medical Care Committee EMS Emergency Medical Services EPSDT State Early Periodic Screening, Diagnosis and treatment Program (Mental Health) et al. et ali (and others) FAA Federal Aviation Administration FEMA Federal Emergency Management Agency F&HS Family and Human Services Committee First 5 First Five Children and Families Commission (Proposition 10) FTE Full Time Equivalent FY Fiscal Year GHAD Geologic Hazard Abatement District GIS Geographic Information System HCD (State Dept of) Housing & Community Development HHS Department of Health and Human Services HIPAA Health Insurance Portability and Accountability Act HIV Human Immunodeficiency Syndrome HOV High Occupancy Vehicle HR Human Resources HUD United States Department of Housing and Urban Development Inc. Incorporated IOC Internal Operations Committee ISO Industrial Safety Ordinance JPA Joint (exercise of) Powers Authority or Agreement Lamorinda Lafayette-Moraga-Orinda Area LAFCo Local Agency Formation Commission LLC Limited Liability Company LLP Limited Liability Partnership Local 1 Public Employees Union Local 1 LVN Licensed Vocational Nurse MAC Municipal Advisory Council MBE Minority Business Enterprise M.D. Medical Doctor M.F.T. Marriage and Family Therapist MIS Management Information System MOE Maintenance of Effort MOU Memorandum of Understanding MTC Metropolitan Transportation Commission NACo National Association of Counties OB-GYN Obstetrics and Gynecology O.D. Doctor of Optometry OES-EOC Office of Emergency Services-Emergency Operations Center ORJ Office of Reentry & Justice OSHA Occupational Safety and Health Administration Psy.D. Doctor of Psychology RDA Redevelopment Agency RJOB Racial Justice Oversight Body RJTF Racial Justice Task Force RFI Request For Information RFP Request For Proposal RFQ Request For Qualifications RN Registered Nurse SB Senate Bill SBE Small Business Enterprise SWAT Southwest Area Transportation Committee TRANSPAC Transportation Partnership & Cooperation (Central) TRANSPLAN Transportation Planning Committee (East County) TRE or TTE Trustee TWIC Transportation, Water and Infrastructure Committee UCC Urban Counties Caucus VA Department of Veterans Affairs vs. versus (against) WAN Wide Area Network WBE Women Business Enterprise WCCTAC West Contra Costa Transportation Advisory Committee ____________________________________________________________________________________________________ PUBLIC PROTECTION COMMITTEE 3. Meeting Date:04/26/2021 Subject:RECORD OF ACTION - March 22, 2021 Department:County Administrator Referral No.: N/A Referral Name: RECORD OF ACTION - March 22, 2021 Presenter: Paul Reyes, Committee Staff Contact: Paul Reyes, (925) 655-2049 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 the Committee's March 22, 2021 meeting. Recommendation(s)/Next Step(s): APPROVE Record of Action from the March 22, 2021 meeting. Fiscal Impact (if any): No fiscal impact. This item is informational only. Attachments Record of Action - March 22, 2021 Page 4 of 17 PUBLIC PROTECTION COMMITTEE RECORD OF ACTION FOR March 22, 2021 Supervisor Candace Andersen, Chair Supervisor Federal D. Glover, Vice Chair Present: Candace Andersen, Chair Federal D. Glover, Vice Chair Staff Present: Paul Reyes, Senior Deputy 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). 3.APPROVE Record of Action from the February 22, 2021 meeting. Approved as presented. AYE: Chair Candace Andersen Vice Chair Federal D. Glover 4.CONSIDER recommending to the Board of Supervisors the Fiscal Year 2020-2021 Consolidated Annual Plan for the Juvenile Justice Crime Prevention Act/Youthful Offender Block Grant as approved by the Contra Costa County Juvenile Justice Coordinating Council and as recommended by the Chief Probation Officer. Approved as presented, with direction given to the Chief Probation Officer to provide the full Board of Supervisors with an update on Juvenile Justice in the future. AYE: Chair Candace Andersen Vice Chair Federal D. Glover 5.CONSIDER recommending nominees for appointment to seats on the Community Corrections Partnership & Executive Committee (see attachments) for calendar year 2021. Page 5 of 17 Approved as presented, with the exception of the CBO seat. During the meeting it was announced that the incumbent in the CBO rep seat will no longer be eligible for that seat. Staff was directed to conduct a recruitment for the CBO seat. AYE: Chair Candace Andersen Vice Chair Federal D. Glover 6.The next meeting is currently scheduled for April 26, 2021. 7.Adjourn Adjourned 10:45 am. For Additional Information Contact: Paul Reyes, Committee Staff Phone (925) 335-1096, Fax (925) 646-1353 paul.reyes@cao.cccounty.us Page 6 of 17 PUBLIC PROTECTION COMMITTEE 4. Meeting Date:04/26/2021 Subject:County Criminal Justice Fee Moratorium & AB1869 fees Submitted For: Monica Nino, County Administrator Department:County Administrator Referral No.: n/a Referral Name: Adult Criminal Justice Fees Presenter: Paul Reyes, Senior Deputy County Administrator Contact: Paul Reyes, 925-655-2049 Referral History: On September 17, 2019, the Board of Supervisors adopted Resolution No. 2019/522 (see Attachment A) to place a moratorium on the assessment and collection of certain criminal justice fees. The moratorium has remained in effect since adoption by the Board and staff has been tracking relevant legislation. On September 18, 2020, the Governor approved Assembly Bill (AB) 1869 (Criminal Fees). This bill by the Assembly Committee on Budget repeals the authority to collect various criminal justice administrative fees upon conviction or arrest rendering the unpaid balance of these court-imposed costs unenforceable and uncollectible, and would require any portion of a judgment imposing those costs to be vacated. The bill also appropriated $65 million annually for five years to counties to backfill associated revenue losses. The bill expressed the intent of the Legislature to pursue legislation with the Budget Act of 2021 to finalize the funding allocation methodology for distribution to counties. As of April 2021, a funding allocation has not been finalized. This bill repeals the following administrative fees, effective July 1, 2021: 1) Government Codes 27712 (public defense fee), 27753 (cost of counsel), 29550(c) (criminal justice administration fee), 29550(f) (administrative screening fee and citation processing fee), 29550.1 (criminal justice administration fee), 29550.2 (county booking fee), 29550.3 (city booking fee), and 2) Penal Codes 1203 (interstate compact supervision), 1203.016(g) (adult home detention administrative fee), 1203.018(j)(electronic monitoring administrative fee), 1203.1b (probation department investigation/progress report fee), 1203.1e (parole supervision fee), 1208.2(b) (program administrative fee), 1210.15 (continuous electronic monitoring fee), 3010.8 (parole continuous electronic monitoring fee), 4024.2(e)(work furlough administrative fee), 6266 (work furlough program fee), 987.4 (minor public defense fee), 987.5 (public defense registration fee), Page 7 of 17 and 987.8 (public defense fee). The administrative fees related to the public defense, probation, criminal justice administration fee, and alternative custody included in the bill were also included in the County's moratorium. Referral Update: With AB 1869 going into effect July 1, 2021, the Superior Court is now required to take action on many of these same fines and fees that were included in the moratorium. The public defender fee, probation fees, the sheriff booking fee will be discharged from the Court's accounting system pursuant to AB 1869. At this time, the Superior Court has requested direction if the County wishes to discharge the outstanding balance of drug diversion fees and victim restitution admin fees, fees affected by the County’s moratorium but not by AB 1869. The drug diversion fee is an administrative fee for cases where the defendant is sentenced to a pre-trial drug diversion program. The victim restitution fee administrative fee is 15% adminstrative fee charged on any restitution ordered but not yet paid at the time of account set-up. Discharging this fee would not impact the collection of victim restitution. Both fees had historically been used to fund the County's subsidy of the Superior Court's operations. It should be noted that new legislation was introduced this year, Senate Bill 586 (Criminal Fees), which would eliminate a number of other criminal fees, including the drug diversion fee and victim restitution administrative fee. Recommendation(s)/Next Step(s): 1. RECEIVE an update on the County’s moratorium on certain criminal justice fees and the impacts of AB 1869 (Criminal Fees); and 2. PROVIDE direction to staff regarding the outstanding balances for the Victim Restitution Administrative Fee and Drug Diversion Fee totaling approximately $7.5 million. Fiscal Impact (if any): As of April 4, 2021, the outstand balance for all fees included in the Moratorium is approximately $25.9 million. Five (5) of these criminal justice fees will effectively be eliminated by AB 1869 and uncollectible as of July 1, 2021. The FY 2020/2021 and FY 2021/22 budgets did not include any revenue from these fees. The outstanding balance of the fees eliminated by AB 1869 is provided below: Fee Description Balance Owed Cost of Probation Fee $10,577,721 Probation Drug Test Fee $1,107,952 Probation Report Fee $836,531 Public Defender Fee $5,442,391 Sheriff Booking Fee $418,669 Total $18,383,265 Page 8 of 17 The remaining fee balance of approximately $7.5 million is due to the victim restitution administrative fee and drug diversion fee. The FY 2020/2021 and FY 2021/22 budgets did not include any revenue from these fees. The balances for these two fees is as follows: Fee Description # of Defendants Balance Owed Average Balance Average Time of Since Assessment (Years) Drug Diversion Fee 1,459 $391,001 $268 6 Victim Restitution Admin Fee 5,273 $7,136,606 $1,353 12 Total 6,732 $7,527,606 $1,118 Since the Superior Court is currently removing numerous fees from their accounting system in response to AB 1869, no addtional costs (system programming, staff time, etc.) would be charged to the County if the County decides to discharge the balances of the Drug Diversion Fees and Victim Restitution Administrative Fees. However, if the balances were to be discharged at a future date, either through County action or new legislation, the County would incur addtional costs (programming costs, Court staff time, etc) to remove the fees from the Court's system. Attachments Attachment A - Resolution 2019/522 Page 9 of 17 Attachment A Page 10 of 17 Attachment A Page 11 of 17 PUBLIC PROTECTION COMMITTEE 5. Meeting Date:04/26/2021 Subject:Update on Inmate Welfare Fund, Telecommunications, and Visitation at County Adult Detention Facilities Submitted For: PUBLIC PROTECTION COMMITTEE, Department:County Administrator Referral No.: N/A Referral Name: Inmate Welfare Fund, Telecommunications, and Visitation Issues Presenter: Assistant Sheriff Steve Simpkins Contact: Assistant Sheriff Steve Simpkins Referral History: On July 16, 2013, the Board of Supervisors referred a review of the Inmate Welfare Fund (IWF) and inmate visitation policies to the Public Protection Committee for review. The Inmate Welfare Fund is authorized by Penal Code § 4025 for the “…benefit, education, and welfare of the inmates confined within the jail.” The statute also mandates that an itemized accounting of IWF expenditures must be submitted annually to the County Board of Supervisors. Penal Code § 4025 and the most recent IWF annual report have been attached as Attachment A and B, respectively. The Sheriff's Office has made several reports to the Committee throughout 2013 and 2014 regarding funding of IWF programs, visitation/communication policies and a request for proposals for inmate telecommunications services. The referral was placed on hold pending further discussion and outcomes of state and federal level changes to statute or rulemaking that could curtail the collection of telephone commissions individuals contacting inmates and wards housed in county adult and juvenile detention facilities normally pay. In late 2015, the Federal Communications Commission (FCC) issued new regulations significantly curtailing the costs charged to inmates or the families of inmates for use of a jail or prison telecommunications system. During 2016, a final rulemaking process was anticipated by the FCC. Ultimately, the FCC passed updated regulations related to telecommunications in detention facilities. Referral Update: Assistant Sheriff Steve Simpkins will provide a verbal update on the Inmate Welfare Fund, telecommunications, and visitation. Recommendation(s)/Next Step(s): ACCEPT a report from the Sheriff's Office regarding the Inmate Welfare Fund, Page 12 of 17 ACCEPT a report from the Sheriff's Office regarding the Inmate Welfare Fund, telecommunications, and visitation. Fiscal Impact (if any): No fiscal impact. This report is informational only. Attachments Attachment A - Penal Code Sec. 4025 Attachment B - FY 19/20 Inmate Welfare Report Page 13 of 17 State of California PENAL CODE Section 4025 4025. (a) The sheriff of each county may establish, maintain and operate a store in connection with the county jail and for this purpose may purchase confectionery, tobacco and tobacco users’ supplies, postage and writing materials, and toilet articles and supplies and sell these goods, articles, and supplies for cash to inmates in the jail. (b) The sale prices of the articles offered for sale at the store shall be fixed by the sheriff. Any profit shall be deposited in an inmate welfare fund to be kept in the treasury of the county. (c) There shall also be deposited in the inmate welfare fund 10 percent of all gross sales of inmate hobbycraft. (d) There shall be deposited in the inmate welfare fund any money, refund, rebate, or commission received from a telephone company or pay telephone provider when the money, refund, rebate, or commission is attributable to the use of pay telephones which are primarily used by inmates while incarcerated. (e) The money and property deposited in the inmate welfare fund shall be expended by the sheriff primarily for the benefit, education, and welfare of the inmates confined within the jail. Any funds that are not needed for the welfare of the inmates may be expended for the maintenance of county jail facilities. Maintenance of county jail facilities may include, but is not limited to, the salary and benefits of personnel used in the programs to benefit the inmates, including, but not limited to, education, drug and alcohol treatment, welfare, library, accounting, and other programs deemed appropriate by the sheriff. Inmate welfare funds shall not be used to pay required county expenses of confining inmates in a local detention system, such as meals, clothing, housing, or medical services or expenses, except that inmate welfare funds may be used to augment those required county expenses as determined by the sheriff to be in the best interests of inmates. An itemized report of these expenditures shall be submitted annually to the board of supervisors. (f) The operation of a store within any other county adult detention facility which is not under the jurisdiction of the sheriff shall be governed by the provisions of this section, except that the board of supervisors shall designate the proper county official to exercise the duties otherwise allocated in this section to the sheriff. (g) The operation of a store within any city adult detention facility shall be governed by the provisions of this section, except that city officials shall assume the respective duties otherwise outlined in this section for county officials. (h) The treasurer may, pursuant to Article 1 (commencing with Section 53600), or Article 2 (commencing with Section 53630) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, deposit, invest, or reinvest any part of the inmate Page 14 of 17 Attachment A welfare fund, in excess of that which the treasurer deems necessary for immediate use. The interest or increment accruing on these funds shall be deposited in the inmate welfare fund. (i) The sheriff may expend money from the inmate welfare fund to provide indigent inmates, prior to release from the county jail or any other adult detention facility under the jurisdiction of the sheriff, with essential clothing and transportation expenses within the county or, at the discretion of the sheriff, transportation to the inmate’s county of residence, if the county is within the state or within 500 miles from the county of incarceration. This subdivision does not authorize expenditure of money from the inmate welfare fund for the transfer of any inmate to the custody of any other law enforcement official or jurisdiction. (Amended by Stats. 2007, Ch. 251, Sec. 1. Effective January 1, 2008.) Page 15 of 17 Attachment A Inmate Welfare Fund Statement of Receipts, Disbursements, and Fund Balance Fiscal Year Ended June 30, 2020 Receipts: GTL Telephone Commissions $361,757 Canteen Commissions 767,234 WCDF Inmate Industries 21,766 WCDF Frame Shop 4,616 Investment Interest 16,830 Total Receipts $1,172,203 Disbursements: Entertainment Public Performance License & Movie Rental $ 2,559 Sub-Total $ 2,559 General Expenditures Inmate Furniture $307,820 Maintenance/Equipment Lease 10,835 1,865 (AB-109 Funded) Inmate Refreshment/Rewards 13,299 Personal Care/Hygiene 10,340 Furniture/Upholstery Repair 1,858 BART/Bus Tickets 73,000 (AB-109 Funded) Telerus (Inmate information line) 36,000 Other Svc/GSD, labor 2,867 Entertainment (TV, Board Games, Etc.) 27,909 Sub-Total $485,793 Education and Welfare Bay Area Chaplains Contractual Services $162,031 Office of Education Contractual Services 587 649,573 (AB-109 Funded) Library Program 265,355 Inmate Legal Services 25,557 MCDF Landscape Program 40,557 WCDF Inmate Industries 125,460 59,372 (AB-109 Funded) WCDF Frame Shop Program 32,212 Sub-Total $1,360,704 Page 16 of 17 Attachment B Other Staff Salaries/Benefits $360,416 Staff Travel Expenses 0 Communication 166 Office Supplies 1,341 Sub-Total $ 361,923 Total Disbursements, IWF & AB109 783,811 (AB-109) 1,427,168 (IWF) $2,210,979 Receipts less Disbursements (IWF Only) -$ 254,965 Cash & Investments $3,045,188 Total $2,790,224 Closing Date 12-31-2020 Page 17 of 17 Attachment B