HomeMy WebLinkAboutMINUTES - 02051991 - 1.44 1-044
TO: BOARD OF SUPERVISORS Contra
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FROM: Phil Batchelor, County Administrator
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January 23, 1991 � -~£ YCounty
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DATE: rTA,co ux
SUBJECT: LEGISLATION - AB 195 (Bentley)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Adopt a position in SUPPORT of AB 195 by Assemblywoman Bentley
which would delegate to the County Probation Officer the
authority to set fees for specified probation services and to
determine the ability of a defendant to pay all or a portion of
those costs, determine the amount a defendant will be required to
pay and establish a payment schedule for the payment of those
costs, subject to the right of a defendant to appeal any of these
decisions to the court.
BACKGROUND:
One of the items on the Board's 1991 Legislative Program calls
for legislation which would delegate to the County Probation
Officer th=-; authority the courts now have to set the fees for
probationers to pay for various probation services. AB 195 has
now been introduced by Assemblywoman Bentley to accomplish this.
Under current law, a county may adopt an ordinance to implement a
procedure whereby a court, after a hearing, may make a
determination regarding the ability of a defendant to pay all or
a portion of the reasonable cost of probation and of conducting
the presentence investigation and preparing the presentence
report. Following an evaluation of the ability of the defendant
to pay all or a portion of these costs, the court can determine
that the defendant has the ability to pay all or a portion of the
CONTINUED ON ATTACHMEWea-YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON - February 5 , 1991 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
_ I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: ATTESTED FES 5 1991
PHIL BATCHELOR,CLERK OF THE BOARD OF
Please see Page 2. SUPERVISORS AND COUNTY ADMINISTRATOR
BY h DEPUTY
M382 (10/88)
costs, set the amount the defendant is required to pay and
require the defendant to pay that amount. The authority to
require such payment applies only to those cases in which the
defendant is actually granted probation.
AB 195 would delegate the authority to determine the •ability to
pay, to set the amount to be paid and to set the amount of each
payment to the County Probation Officer, rather than the court.
The bill would also expand the circumstances under which payment
could be sought to include preplea or presentence investigations
where the individual is not actually granted probation.
The defendant would have a right of appeal to the court if the
defendant believes the decision made by the County Probation
Officer was unfair or inappropriate.
The County Probation Officer believes that delegating this
authority to his Office will increase the number of cases in
which such fees are sought. Expanding the circumstances under
which such fees can be sought to include preplea and presentence
investigations which do not result in a defendant being granted
probation should also generate some additional revenue.
Since the Board of Supervisors has already agreed to sponsor
legislation along these lines, it would be , appropriate to
indicate the Board' s support for this bill as being consistent
with the Board' s 1991 Legislative Program.
cc: County Administrator
County Probation Officer
George Roemer, Director, Justice Systems Programs
Les Spahnn, SRJ. Jackson, Barish and Associates