HomeMy WebLinkAboutBOARD STANDING COMMITTEES - 12162021 - PPC Agenda PktPUBLIC PROTECTION
COMMITTEE
December 16, 2021
1:00 P.M.
VIRTUAL MEETING
VIA LINK : https://cccounty-us.zoom.us/j/85052703566
Or Telephone: (214) 765-0478 or (888) 278-0254 (US Toll Free)
Conference code: 507994
Meeting ID: 850 5270 3566
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 October 25, 2021 meeting. (Page 4)
4.CONSIDER interviewing the applicants for three (3) at-large representative seats and
two (2) community based organization representative seats on the Juvenile Justice
Coordinating Council (JJCC). (Esa Ehmen-Krause, Chief Probation Officer) (Page 7)
5.RECEIVE an update on the County's adult criminal justice fees. (Paul Reyes, Senior
Deputy County Administrator) (Page 48)
6.RECEIVE an update on open Committee referrals and PROVIDE direction to staff
regarding any changes. (Paul Reyes, Senior Deputy County Adminstrator) (Page 53)
7.The next meeting is not currently scheduled.
8.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:12/16/2021
Subject:RECORD OF ACTION - October 25, 2021
Department:County Administrator
Referral No.: N/A
Referral Name: RECORD OF ACTION - October 25, 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 October
25, 2021 meeting.
Recommendation(s)/Next Step(s):
APPROVE Record of Action from the October 25, 2021 meeting.
Fiscal Impact (if any):
No fiscal impact. This item is informational only.
Attachments
Record of Action - October 25, 2021
Page 4 of 54
PUBLIC PROTECTION COMMITTEE
RECORD OF ACTION FOR
October 25, 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 - 10:32 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 September 27, 2021 meeting.
Approved as presented.
AYE: Chair Candace Andersen
Vice Chair Federal D. Glover
4.ACCEPT and APPROVE the FY 2022-2023 Plan for the Division of Juvenile
Justice (DJJ) Realignment Block Grant, as approved by the Contra Costa County
DJJ Realignment Planning Subcommittee and as recommended by the Chief
Probation Officer.
Approved as presented.
AYE: Chair Candace Andersen
Vice Chair Federal D. Glover
5.CONSIDER accepting an update on the impacts of recently signed public safety
bills.
Page 5 of 54
No action was taken, this was an informational item only.
6.1. PROVIDE direction to staff regarding the recruitment process for Juvenile
Justice Coordinating Council; and
2. CONSIDER directing staff to take the necessary action to change the police
department representative and the education representative from being Board
appointed to "ex-officio".
Approved as presented, with staff being directed to conduct a recruit for
the 3 community representative and 2 CBO representative seats that are
expiring on 1/31/2022. The City Police Department and Education seats are
to be changed to ex-officio seats. Staff will make the appropriate changes
to the bylaws to make those two seats ex-officio and submited the revised
by-laws to the full Board of Supervisors.
AYE: Chair Candace Andersen
Vice Chair Federal D. Glover
7.CONSIDER recommending nominees for appointment to seats on the Community Corrections
Partnership & Executive Committee (see attachments) for calendar year 2022.
Approved as presented.
AYE: Chair Candace Andersen
Vice Chair Federal D. Glover
8.The next meeting is not yet scheduled.
9.Adjourn
Adjourned - 11:04 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 54
PUBLIC PROTECTION COMMITTEE 4.
Meeting Date:12/16/2021
Subject:Juvenile Justice Coordinating Council Applicants for (2) Community-Based
At-Large seats and (3) At-Large Representative seats
Submitted For: Esa Ehmen-Krause, County Probation Officer
Department:Probation
Referral No.: n/a
Referral Name: Juvenile Justice Coordinating Council Interviews
Presenter: Esa Ehmen-Krause Contact: Deborah Caldwell 925-313-4188
Referral History:
The Juvenile Justice Coordinating Council (JJCC) is a multiagency advisory body that informs
the development and implementation of a countywide juvenile justice plan composed of several
critical parts, including, but not limited to an assessment of existing law enforcement, probation,
education, mental health, health, social services, drug and alcohol and youth services resources
which specifically target both at-promise as well as system-involved youth, and their families.
The JJCC also coordinates on a countywide basis the work of those governmental and
non-governmental organizations engaged in activities designed to reduce the incidence of juvenile
crime and delinquency in the greater community, develop information and intelligence-sharing
systems to ensure that county actions are fully coordinated, and provide data and appropriate
outcome measures.
The Juvenile Justice Coordinating Council is composed of 20 members. Ten (10) Ex-Officio
Members include the Chief Probation Officer (Chair), District Attorney’s Office representative,
Public Defender’s Office representative, Sheriff’s Office representative, Board of Supervisors’
representative, Employment and Human Services Department representative, Behavioral Health
Services representative, Alcohol and Other Drugs Division representative, Public Health
representative, Juvenile Justice Commission Chair. Ten (10) additional JJCC members are
appointed by the Board of Supervisors as follows: City Police Department representative, County
Office of Education or a School District representative, four (4) At-Large community members,
residing or working within Contra Costa County, two (2) Community-Based Organization
representatives, and two (2) At-Large youth, fourteen to twenty-five years old and residing or
working within Contra Costa County.
Referral Update:
The Probation Department issued a Press Release on November 15, 2021 (Attachment B) to
Page 7 of 54
The Probation Department issued a Press Release on November 15, 2021 (Attachment B) to
recruit for three (3) at-large representative seats and Two (2) community based organization
representative seats on the Juvenile Justice Coordinating Council (JJCC). Probation received a
total of five (5) applications prior to the deadline. Five (5) applications are included as Attachment
C with personal contact information and signatures redacted. All applicants were invited to
participate in public interviews scheduled for this Public Protection Committee meeting. A
summary of the information provided by the five applicants is included as Attachment D,
organized by the applicant's last name.
Recommendation(s)/Next Step(s):
1. CONSIDER interviewing applicants for a seat on the Juvenile Justice Coordinating Council
(JJCC) reserved for Three (3) at-large representative seats and Two (2) community based
organization representative seats on the JJCC.
2. RECOMMEND candidate for the vacant seat identified above to the Board of Supervisors for
appointment consideration.
Fiscal Impact (if any):
No Fiscal Impact.
Attachments
Attachment A-JJCC Membership 12-9-21
Attachment B-11-15-21 Press Release
Attachment C-Applications
Attachment D-Applicants Summary
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PUBLIC PROTECTION COMMITTEE 5.
Meeting Date:12/16/2021
Subject:County Criminal Justice Fee Moratorium & AB1869 fees
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 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.
This bill repealed 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),
and 987.8 (public defense fee).
The administrative fees related to the public defense, probation, criminal justice administrationPage 48 of 54
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.
During the April 2021 meeting, the PPC received an update on the County fee moratorium. With
AB 1869 being effective July 1, 2021, the Superior Court was 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. The Superior Court had requested direction from the County on the
discharge of 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 PPC was also updated on new
legislation that was introduced during 2021, Senate Bill 586 (Criminal Fees), which would
eliminate a number of other criminal fees, including the drug diversion fee and victim restitution
administrative fee. The PPC recommended to the full Board of Supervisor for the Victim
Restitution Administrative Fee and the Drug Diversion Fee to be discharged.
During the October 2021 meeting, the PPC was updated on Assembly Bill 177. This bill by the
Budget Committee transitioned from SB 586 by Senator Steve Bradford and effective January 1,
2022, eliminates 17 administrative criminal fees; makes past debt for these fees uncollectible; and
allocates backfill funding to counties for the associated loss of revenue from these fee repeals. In
2021-22, the backfill will total $25 million for counties. In 2022-23 and ongoing, the backfill will
increase to $50 million for counties. AB 177 also indicates the Legislature’s intent to pursue
additional legislation by March 1, 2022, to finalize the funding allocation methodology for
distribution. California State Association of Counties (CSAC) will continue conversations with
stakeholders and share further information as it is available. AB 177 was signed by the Governor
on September 23rd.
Referral Update:
In November 2021, the California Department of Finance (DOF) had finalized the AB 1869
county by county allocation schedule to backfill counties as a result of revenues lost from the
repeal of various criminal administrative fees. AB 1869 set aside $65 million annually from fiscal
years 2021-22 through 2025-26 to backfill counties for estimated lost revenue. The backfill for
each county is based on its percentage for the statewide average of the following three variables
for the calendar years 2017, 2018, and 2019: 1) adult population (50 percent of the allocation); 2)
felony and misdemeanor arrests (25 percent of the allocation); and 3) traffic and non-traffic felony
and misdemeanor filings (25 percent of the allocation). Each county’s calculation can be found on
the attached “AB 1869 Backfill Methodology” (Attachment A).
Recommendation(s)/Next Step(s):
RECEIVE an update on County criminal justice fees and the impacts of AB 1869 (Criminal
Fees).
Fiscal Impact (if any):
This item informational and has no direct fiscal impact. However, through AB 1869 the County
will be receiving $1,497,266 in backfill funding. In comparision, the County had a revenue
reduction of approximately $1.6 million from the elimination of the various alternatives to
incarceration, public defender, and probation fees.
Page 49 of 54
Attachments
Attachment A - AB 1869 Backfill Methodology
Page 50 of 54
County Population Arrests Court Filings Allocation Total
Alameda $1,411,485 $592,402 $323,645 $2,327,531.60
Alpine $973 $881 $1,551 $3,404.26
Amador $35,507 $15,712 $22,422 $73,640.84
Butte $192,661 $160,919 $114,703 $468,282.99
Calaveras $40,496 $18,560 $17,733 $76,789.37
Colusa $16,654 $14,999 $23,433 $55,085.30
Contra Costa $948,595 $376,259 $172,412 $1,497,266.18
Del Norte $23,200 $26,537 $18,834 $68,570.86
El Dorado $162,947 $71,518 $56,222 $290,686.72
Fresno $757,720 $522,767 $531,100 $1,811,586.49
Glenn $21,959 $18,974 $21,062 $61,994.94
Humboldt $117,445 $111,658 $81,438 $310,540.79
Imperial $138,223 $86,076 $85,327 $309,626.33
Inyo $15,195 $12,555 $16,336 $44,086.63
Kern $677,371 $542,538 $555,507 $1,775,415.19
Kings $117,569 $103,923 $114,819 $336,311.00
Lake $54,135 $60,300 $48,802 $163,237.81
Lassen $27,091 $12,319 $14,966 $54,375.88
Los Angeles $8,414,815 $3,753,739 $4,419,700 $16,588,254.26
Madera $121,044 $82,452 $106,141 $309,636.70
Marin $221,077 $89,349 $85,412 $395,837.53
Mariposa $15,492 $8,999 $13,632 $38,123.94
Mendocino $73,216 $64,532 $60,207 $197,954.43
Merced $206,280 $151,846 $148,191 $506,316.64
Modoc $7,585 $6,708 $7,398 $21,690.75
Mono $12,570 $5,150 $22,078 $39,797.56
Monterey $341,967 $183,486 $237,291 $762,743.85
Napa $117,596 $64,910 $56,312 $238,817.51
Nevada $87,978 $41,263 $61,170 $190,410.11
Orange $2,642,395 $1,267,833 $1,312,938 $5,223,165.69
Placer $325,007 $143,597 $134,913 $603,516.88
Plumas $16,546 $12,885 $12,595 $42,026.53
Riverside $1,950,391 $695,103 $749,150 $3,394,643.73
Sacramento $1,253,904 $551,511 $553,951 $2,359,365.52
San Benito $48,732 $24,858 $32,789 $106,379.80
San Bernardino $1,701,127 $1,067,659 $1,278,594 $4,047,379.61
San Diego $2,785,224 $1,293,425 $1,189,673 $5,268,321.82
San Francisco $812,542 $230,481 $162,569 $1,205,591.69
San Joaquin $585,168 $310,678 $452,123 $1,347,969.32
San Luis Obispo $248,639 $167,579 $164,585 $580,803.25
San Mateo $651,101 $253,745 $232,274 $1,137,120.46
Santa Barbara $369,995 $263,919 $212,863 $846,777.76
Santa Clara $1,607,930 $546,660 $595,371 $2,749,960.70
Santa Cruz $236,044 $163,636 $123,699 $523,378.72
Shasta $150,351 $147,069 $125,679 $423,097.78
Summary of Allocation Schedule - Chapter 79, Statutes of 2021 (AB 143)
Attachment A
Page 51 of 54
Sierra $2,682 $1,631 $2,000 $6,313.64
Siskiyou $37,063 $34,382 $32,874 $104,318.89
Solano $369,915 $207,127 $144,359 $721,401.19
Sonoma $427,514 $244,782 $190,177 $862,473.43
Stanislaus $425,975 $306,996 $216,097 $949,068.69
Sutter $76,249 $66,662 $54,089 $196,999.31
Tehama $52,217 $36,129 $64,594 $152,938.92
Trinity $11,058 $9,078 $11,452 $31,587.77
Tulare $342,923 $327,471 $237,836 $908,229.75
Tuolumne $48,211 $43,392 $41,854 $133,456.73
Ventura $697,123 $488,075 $308,918 $1,494,115.22
Yolo $185,197 $95,936 $135,516 $416,649.13
Yuba $59,935 $46,371 $38,626 $144,931.61
Totals:$65,000,000.00
Note:
1. Statewide totals based on adding the three year average for population,
arrest/filing volume. Percentage of total backfill for each metric is established
by dividing three-year average by the statewide total and then applying the
percentage from each county based on the weights for each metric.
2. Percentage value of total backfill was applied to each metric type so 50
percent of the backfill is based on pop, 25 percent based on filings, and 25
percent is based on arrests, as prescribed by statute
3. Population data is based on yearly reporting from the Federal Census
Bureau.
Attachment A
Page 52 of 54
PUBLIC PROTECTION COMMITTEE 6.
Meeting Date:12/16/2021
Subject:2021 Referrals
Department:County Administrator
Referral No.: N/A
Referral Name: N/A
Presenter: Paul Reyes, Committee Staff Contact: Paul Reyes, 655-2049
Referral History:
At the beginning of calendar year 2021, the Board of Supervisors had made the following
referrals to the Public Protection Committee:
1. Opportunities to Improve Coordination of Response to Disasters and Other Public Emergencies
2. Welfare Fraud Investigation and Prosecution
3. Multi-Language Capability of the Telephone Emergency Notification System
(TENS)/Community Warning System (CWS) Contracts
4. County Support and coordination of non-profit organization resources to provide re-entry
services, implementation of AB 109 Public Safety Realignment, and appointment
recommendations to the Community Corrections Partnership
5. Inmate Welfare Fund/Telecommunications/Visitations Issues
6. Racial Justice Task Force/Racial Justice Oversight Body
7. Review of Juvenile Fees assessed by Probation
8. County Law Enforcement Participation and Interaction with Federal Immigration Authorities
9. Juvenile Justice Coordinating Council
10. Adult Criminal Justice Fees
11. Racial Equity Action Plan
Referral Update:
In 2021, the Public Protection Committee received reports and/or made recommendations to the
Board of Supervisors concerning issues related to:
Opportunities to Improve Coordination of Response to Disasters and Other Public
Emergencies
Multi-Language Capability of the Telephone Emergency Notification System
(TENS)/Community Warning System (CWS) Contracts
County Support and coordination of non-profit organization resources to provide re-entry
services, implementation of AB 109 Public Safety Realignment, and appointment
recommendations to the Community Corrections Partnership
Inmate Welfare Fund/Telecommunications/Visitations Issues
Racial Justice Task Force/Racial Justice Oversight Body
Page 53 of 54
Review of Juvenile Fees assessed by Probation (Referral has been closed)
Juvenile Justice Coordinating Council
Adult Criminal Justice Fees
Animal Control Services
At year end, the Committee had pending referrals on:
Welfare Fraud Investigation and Prosecution
County Law Enforcement Participation and Interaction with Federal Immigration Authorities
Racial Equity Action Plan
Recommendation(s)/Next Step(s):
1. RECEIVE an update on open Committee referrals; and
2. PROVIDE direction to staff as appropriate.
Fiscal Impact (if any):
No fiscal impact.
Attachments
No file(s) attached.
Page 54 of 54