Loading...
HomeMy WebLinkAboutMINUTES - 10171995 - SD2 5D Tkf BOARD OF SUPERVISORS sE Contra FROM: Costa County.\\ Gerard S . Buck, County Probation Officer _ o \ ��• -•- is . County. DATE: September 14, 1995 SUBJECT: Administrative Fee for Entry Into A Drug Diversion Program SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION i That the Board of Supervisors set the Administrative Fee for the Probation Department ' s processing of entry of clients into a drug diversion program pursuant to Penal Code Section 1001 . 15 at $300 . 00 . (See Attachment 1 . ) BACKGROUND At the present time the Probation Department charges an . Administrative Fee of $150 . 00 to process entry into a drug diversion program. Penal Code Section 1001 . 15, as modified by the Legislature, allows each County' s Board of Supervisors to raise the fee charged for these services to not more than $300 . 00 . Since this fee was authorized, the Probation Department ' s costs for this service have been reviewed and determined to be in excess of $300 . 00 . The Superior Court has been apprised of this request and supports the Probation Department ' s efforts to reset the fee. Therefore, it is requested that the Board of Supervisors set the Probation Department ' s administrative fee for processing the entry of a defendant into a drug diversion program pursuant to Section 1201 . 15 of the Penal Code at $300 . 00 . CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON 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 SUPERVISO S ON THE ATE SHOWN. Contact: Gerald Buck, CPO - 313-4180 --, CC: Probation Department ATTESTED (It I j , , I - 11� Hon. John Minney, Hon. D. Swager, Hon. R. Flier PHIL BATCHELOR,CLERK OF�HE BOARD OF County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR Office of Revenue Collection a BY DEPUTY. M382 (10/88) . t TO See. 1001.16 PENAL 1–CODE lhl_ DlVlditstuty r:.>=� 3411 F, the defendant's ability to pay,and tie:efLmdant shall be ar'miinisnadve cost of denied diversion because of his or her inability to psy_ tion and supervising &. ;onceri., Prohation.penal Code§1203. One-third of the fee collected shall be deposited in the in the criminaiistics is She was saim-inalistics laboratories fund in the county treasury,and as provided m.S,�ticn pecified §1001.11. A113S Prevention Educa ort s two-thirds of the fee collected shall be used io cover&,,c C 0&. 2 result- Programs. administrative cost of processing the request or applica- (b) As used i7 this: tm shall (a) The hearth department in each county shall select tion and the actual cast of supervising,the divertee.The means a laboratory op MY way an agency, or agencies, in the county that shall provide L portion,deposited in the criminalistics laboratories fund a city,county,or other benefir, AIDS prevention education to those persons sentenced to sh-01 be exp=d:d as provided in Section 11377.5 of the 11,lics laboratory of probation or a drug diversion program in accordance with Health and Safety Code. has not fess than ane;A ss of his Section 1001.10. The health depw,=ent shall endeavor (b) As used in this section,"crim .alis:ics laboratory" engaged �n the ar,ai"rs: ,st upon to select an agency, or agencies, that currently provide means a iaborator-y gated by,ter under contract with fluids for controlled I by the AIDS prevention education programs to substance abusers a cite•,county,or other public agency, including a crimi- as an analytical tabor, officer or prostitutes. If no agency is currently providing ifrisnalistics laboratory of tate Department of Justice, which Administration of the i e arrest, educatiom the county agency responsible for substance has not less than one regularly employed forensic scientist for the processing of ion does abuse shall develop an ASS grevel+tion education pro- engaged in the analysis of solid dose material and body lose the gram either within the agency or tinder.contract with a fluids for, contvOledi tiubstuices, and which is registered (e) :his wrnnn si?e d any community-bdizatiin the county. as an ane thug men analytical laboratory with the Enforcet divsrsior= programs e ase ,nonprofit organon ch.37. 119 c 1226, a peace The health department shall forward to the courts a list Admisiistration of the United States Department of 3usticc ch. 3?5. 1988 ch. 16t, ve years of agencies selected for purposes of referral in ac.ordabco for the processing of all scheduled controlled substances. u,ry i7, with Section 1i'A:.1J. Reimbursement for the costs of (c) In addition to the fees authorized or required by Cross-Referenm implerzentmg this .section shall be made out of moneys outer prtrvisiort;of law, a judge may require the payment "Misdemeanor'defined. . �isrnissa► deposited with the county treasurer in accordance with of an administrative fee, as part of an enrollment fee in Section 1463.23. a diversion, program, by a defendant accused of an act §101011,17. Enacteci (b) An AIDS prevention education program providing charged as, or reduced to, a misdemeanor to cover The. 172. Services pursuant to subdivision(a)shall,at a minimum, actual cost of processing a request or application for Inc details about the transmission of human immu- diversity pati slant to Chapter 2-6 (commencing with follows nodeficiercy virus (WV), the etiologic agent for AIDS, :Section two.6),the actual costs of reporting to the court symptoms of AIDS or AIDS-related conditions,p revere- on a defendant's eligibility and suitability for t'.iversiOn, Rat-TA RDE �L D J'lasv�r. lion through avoidance or gleaning of needles, sexual the actual cost of supervising iltc dwertee, and for the practice-,which constittite high risk,low risk,and no risk actual costs of perterorhgg any dudes required pursuant Definitions.§1066-10t. (including atutinence),and resources for assistance if the to Section told-9, not to exceed three hundred dollars AYplt'eat::.rt of this chat IN Court to determine wt person decides to take a test for the etiologic agent for ($100).The tp ee shall be payable at the time of enrollment §1091.3 2. IQNAlDS and receives a positive test result.The program shall in the diversion program.xne fee shall be deterni tea on ori;;taut n�vino. r alefendan ble s also include other relevant rttedi::;l and prevention infer- a sliding scale acxortiirtg to tete u..........-.t'..ability w par, 3.hadn:iss3ble+-SatetnenL• mation as it ba<omes availabie_ area nee de;Lnda:t ahaJt denied diversion bcQause of his to probation debar testing. (c) A person sentenced to a drag diversion programa or her inalmilty to clay. Leg.11 1932 ch, 1226, 1983 ch. iiwis.§10011:24. Pursuant to Section 1001.10 shall not be required to panic- 626, 1936 ch. 177, 1987 ch, 375, 1993 Qhs. 221. $50. Inadmissible di ernes granting of diversion ipate in an AIDS prevention education program,provided Grose-References Staietnent_or 7eF1-r--„i, that the drug diversion program includes an AIM preven- "Felony'defined Peral Q)de§17. nnjeedure& ;1001-2: tion education compor_ent that meets the requirements of Rail,boat!,or undertal subdtvisiota (b). Leg.H. 1988 ch. 1243. §1+'01.1.6. :E'..^.re ilnesif Fee lir Entry info lwpormr 11001 I . gibed in pions.�Aih31?t?. Diversion 'Prograw,--Misdenle nnor Cases; Court may hold heart Lziipap tein CHAPTER ER 2.75 "Crirninalistics Laboratory" Defined. slow,-9. :tie in an DIVERSION FEES (a) In addition to the fees authorized or required by IY1t.ur ram c�eonserr other provisions of law,a judge may require the o,a _.int program.�I091at!_ itibadtes Q J g y moi'••• r y`^ Disra6sai -1 cr tragal : division Enrollment fee for entry into diversion program— eiony of an administrative fee, as part of an envollTBnt fee in gi�i�i cam;"rmiminalixtk-�5 laboratory"de0ned_§1001.15. a dive;�ion p ,i y a defendant accused of a misde- Records filed with Sial Enrollment fee Por entry into diversion program—c>•1lsdtyrr3ror r.+ea_nOr to cover the actual Cost of any eriminalistics SUCCEss`.c:Complexion who has rases;`°cruninaiisties laboratory"defined. laboratory analysis in a case involving a vioiation of dw to have nzeer ow„ cion for, California Uniform Controlled Substances Act orttrler Diversion-retated indi §10$..15. Enrolltnent Fee for Entry Into, Division il) (commencing with Stxtiota HOW) of the menteri by regla^a 11350 of Divet-t ion lPr ariFelont Cases; len irev,.al„P vealr;res a �' y : Health 3rtai Cal'elr�� Code, the actual cost of processing a Section "Criminalistics Laboratory" Defined. request or application for diversion, and the actual cost 11550 of (a) In addition to the fees authorized or required by of supervising the divertee, not to exceed three hundred § OLM Demi: 49 of the other provisions of law,a judge may require the payment dollars ($3faCi).ane fee shall w payable.at Che time of As used in this ch. on (f) of of an administrative fee, as parr of an enrollment fee in enrol:uerr in s dFvetKion program Tae court shall take (a) "Mentally recur use of a a diversion program,by a defendant accused of a felony into consideration the defendant's ability to pay, and no Cattily sub vernage dpr; to cover the actual cost of any eriminalistics 1a`wmtory defendant shall be denied diversion because of his or her concurre-ndy with dc"f_ tion 647, analysis,the actual cost of processing a request orppplica_ inability to pay, fested during the dev tion for diversion,and the actual cost of supervising the One-third of;tae fee collected shall be deposited in the (b) "Diversion-re divertee pu-suaut to Chapter 2.5(co �+it1r See- --- a ,++Pane.but 1S clot iitiii: tion 1MG),toot to exceed five hundred dollars($500).The h,w Code fee shall be payable at the time of enrollment in•tbe diversion program,The court shall take into consideration TO: BOARD OF SUPERVISORS Contra FROM: `. Costa Gerald S . Buck, County Probation Officer o�- -�... 4 p., Wd. -County DATE: September 14, 1995 SUBJECT: Administrative Fee for Entry Into A Drug Diversion Program SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION That the Board of Supervisors set the Administrative . Fee for the Probation Department ' s processing of entry of clients into a drug diversion program pursuant to Penal Code Section 1001 . 15 at $300 . 00 . (See Attachment 1 . ) BACKGROUND At the present time the Probation Department charges an Administrative Fee of $150 . 00 to process entry into a drug diversion program. Penal Code Section 1001 . 15, as modified by the Legislature, allows each County' s Board of Supervisors to raise the fee charged for these services to not more than $300 . 00 . Since this fee was authorized, the Probation Department' s costs for this service have been reviewed and determined to be in excess. of $300 . 00 . The Superior Court has been apprised of this request and supports the Probation Department ' s efforts to reset the fee . Therefore, it is requested that the Board of Supervisors set the Probation Department ' s administrative fee for processing the entry of a defendant into a drug diversion program pursuant to Section 1201 . 15 of the Penal Code at $300 . 00 . CONTINUED ON ATTACHMENT: YES SIGNATURE: J RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON 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. Contact: Gerald Suck, CPO - 313-4180 CC: Probation Department ATTESTED Hon. John Minney, Hon. D. Swager, Hon. R. Flier PHIL BATCHELOR,CLERK OF THE BOARD OF County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR Office of Revenue Collection BY DEPUTY M382 (10/88) I • Sec. 1001.14 E-N A L CODE [N_ TO DlYtaxSlLv : 34191 P. the defendant's ability to pay,and no,dem mdant Simi)be administrative cost of denied diversion because of his or her inability to pay. tion and supervising 11, ;tnicern- Probation.Penal Cove§1203- One-third of the fee collected shall be deposited in the in the criminaiistics W She was ctiminolistics laboratories fund in the county treasury,and as provided in;notion pedfied §1001.11. AIDS Prevention Education s two-thirds of the fee collected shall be used to cover d-le Code. t result Program. administrative cost of processing the request or applica- (b) As used in this r un shall (a) The health department i.7 each county shall select tion and dte actual cost of sul—,- ising the divertee.The means a laboratory op, my maY act agency, or agencies, in the county that shall provide portion deposited in the criminalistics laboratories fund a city,county,or other benefit, MDS prevention education w those persons sentenced to shall be expanded as provided in Section 11372.5 of the nalistics laboratory oi probation or a drug diversion program in accordance with Health and Safety Code• has not less than tie re ss of his Section 1001.10. The health de.parz next shall endeavor (b) As used in this section, d ; :st upon to Select an agency, or agencies. that currently engaged n fire srcalysi In eg-'-> o y provide means a laboratory gated by,or under conte^t with fluids for coatroited s: I by the AIDS prevention education programs to substance abusers a city,county,or other public agency,including a enrol- as an aralyticui labor:. officer or prostitutes.If no agency is currently providing this tutlistics laboratory of the Department of Justice, which Administration of the t e arrest, education, the county agency responsible far substance has not less than one regularly employed forensic scientist for the rdncassin^of a ion does abuse shall develop an AIDS prevention education pro- engaged in the analysis of solid dose material and body , This eecti n shad lose the grain either within the agency or under contract with a fluids for controlled substances, and which is registered (c' d in any community-based,nonprofit organization in the county, as an analytical laboratory with the Drug Enforcement diversion programs ie a peace The health department shall forward to the courts a list Administration of the United States Department or Justice Leg•H- 1982 ch- 1226. vey ears of agencies selected for purposes of refcrril in escordatoce for the processing of all scheduled controller!substances. ch. 3'5. 1988 ch. 160 u 17, with Section 1001.10. Reimbursement for the costs of (c) In addition to the fees :authorized or required by Cross-References implemenring this .section shall be made out of moneys other provisions of law,a judge may require the payment "Misdemeanor'defined. . Nsmissal deposited with the-county treasurer in accordance with of an dminisa.rative fee, as pati of an enrollment fee in Section 1463.23. a diversion program, by a defendant accused of an act §10011,:7. Enacted (b) An AIDS prevention education prograw providing charged as, or reduced to, a misdemeanor to cover the services pursuant to sul di risi_nti(,a)shall,at a minimum, actual CDSt UY` Ni�CcSStnb °. wq�tes# nr appiiCatr(n fCr Cq, 172" include details about the transmission of human immu- diversion pu sua_tnt w Chapter 2.6 (commencing with follows nodeficiency virus (FU), the etiologic agent for AIDS, Section lwo,6),the actra. costs of reporting to the court 9-1 WrC;f—rt symptoms of AIDS or AIDS-related conditions,preven- on a defendant's eligibility and suitability for diversion, Re-r%Vol: tion through avoidance or cleaning of needles, sexual the actual cost of supervising the divertee, avA for the a-°".. practices which constitute high risk,low risk,and no risk actual costs of performing any duties required pursuant Definitions. 1101-70. tr�� (including abstinence),and resources for assistance if the to Section i t 1.3, not to exceed three hundred dollars Appli:atior'of this carat t,t _ person decides to farce a nest for the etiologic agent for ($300).The Fee shall be payable at the time of enroiimCourt to determine sot ciii §10t]t.�� dON AIDS and receives a positive test result.The program shall in the diversion program.The fee shall be dcterm tied'o- ,ri oat Proceedings. [: also include other relevant medic al and prevention infor- a sliding scale according to the def;..nadwit's ability to pay, inadmissible sUft tie©t nation as it bectrnes available. and ar,dcfe rid ant shall be denied diversion because of his to probation depara testing. (c) A person sentenced to a drug diversion program or her insabiiity to pay. LegJL 1982 ch. 1226, 1983 ch. limo.§1001.24. pursuant to Section 1001.10 shall not be required to partic- 626, 1986 ch. 177, 1987 ch. 375, 1993 chs. 22 1. 950. Inadmissible statemer, ipate Ji in an AIDS prevention education program,provided Cross-References granting of d1teto, Statements err;r.!�rm_mst, that the drug diversion program includes an AIDS preven- "Felony-defined-Penal a ode§17. nr wedures. §1001-2 tion education component that meets the requirement%of Bail,bored,or uadenal subdivision (b). Leg.H. 1988 ch. 1243. §1001.16. Enronmenit Fee for Entry into Two,-vzar aim-ta•3nn= Tibed in ports. .41001.28. c person Diversion Prograr'n---Mistlemeanor Cases; Court may hold heari cipate in CHAPTER 2.75 "CrirninalisWcs Laboratory" Defined. si031 M. Re in an DIVERSION FEES (a) In addition to the fees authorized or required by tvith&awat of consenA itibodies other provisions of law,a judge may require the payrnerne Disco sal a§100130. ,division Enrollment Pee for entry iato diversion progracrr-1+elony of an adatinisizative fee, as pwa n r t of art fee in. §1001.31 ca "Criminal sAi s labtrratury"defined§1001.15. a diversion Y^^,?m,by a defendant accused of a misde- Records filed with Stats Enroflmeut fee for entry into divemim program--Mis"Caror meaner to cover the actual cost of any crimiaMistics Sucexi,4r:co:rpli-e6en- who has rases;"criminaiistics Iat oratury"defined. §1001,16. laboratory analysis in a case involving a vioiation of We to nave Hever occue lion for, California Uniform Controlled Substances Act under Diversion-related loth §1001.15. Enrollment Fee for Entry Indy) Division i0 (commencing with Section 11000) of the inenicti by regirnz: 11350 of tDiverr lon Pr am—Felott Cases. ray prod d treatrnmli. �}' Y : lig.h and safety Code,the actual cast of processing a Section "Criminalistics Laboratory" Defined. request or application for diversion,and the actual cost 11550 of (a) In addition to the fees authorized or required by of supervising the divertee, not to exceed:brae h wtdred U001,20. Delinitf 19 of the other provisions of law,a judge may require the payment dollars ($30WI. .The fez shall be payable at the time of As used in this ch on (0 of of an administrative fee, as pram of an enrollment fee in en o—Iftnert,in the diversion program.The court shall take (a) "Mcntaily reran use of a a diversion program,by a defendant accused of a felony into consideration the defendant's ability to pay, and no candy subav,-r-a^A gar to cover the actual cost of any criminalistics iavotatory defendant shall be denied diversion because if,`.is or her concennently with dch .tion 647, analysis,the actual cost of processing a request orRplica_ inability to pay, felted during the dev doth for diversion,and the actual cost of supervi mg the late-d ifd of ft fee collected shall he deposited in the (b) "Diversion-re divertee pursuant to Chapter 2.5(commencing With Sec- .__.- i mPanc but is riot liniii tion 1,0M),not to exceed five hundred dollars($500).The ,ciw Code fee shall be payable at the time of enrortwent in the diversion program.The court shall take into consideration Page 2 August 25, 1995 The estimated cost of handling §1011. 15 P.C. drug diversion cases is: Investigation at 3 hours x $52. 00 DPO hourly rate. . . . . $156 . 00 Supervision on min. supv. for 18 months x $12/month. . . $216 . 00 ESTIMATED TOTAL. . . . . . . . . . . . . $372 . 00 Note: The DPO hourly rate includes clerical support, supervisor support, services and supplies, department overhead and countywide overhead. Prepared by Tim Ward, Administrative Services Officer DrugDiv:WP DIVERSION FEES Sec. 1001.15 't to Hearin _ & y�y indicate in response to any question concern- Probation. Penal Code §1203. aring,as set fo t° rid her prior criminal record that he or she was :ion can be to everted for the offense,except as specified §1001.11, AIDS Prevention Education a ective February (b).A record pertaining to an arrest result- Program. 51,"Diversion and ful completion of a diversion program shall (a) The health department in each county shall select the divertee's consent, be used in any way an agency, or agencies, in the county that shall provide Ksttlt in the denial of any employment,benefit, AIDS prevention education to those persons sentenced to ttements Ittad; Certificate, probation or a drug diversion program in accordance with r divertee shall be advised that,regardless of his Section 1001.10. The health department shall endeavor t procured there ful completion of diversion,the arrest upon to select an agency, or agencies, that currently provide t with the determ' &version was based may be disclosed by the AIDS prevention education programs to substance abusers sion, and no s of Justice in response to any peace officer or prostitutes. If ;to agency is currently providing this n, made by the request made within five years of the arrest, education, the county agency responsible for substance iversion or while withstanding subdivision(a),this section does abuse shall develop an AIDS prevention education pro- tformation con him or her of the obligation to disclose the gram either within the agency or under contract with a o,and no statemertt Rsponse to any direct question contained in any community-based, nonprofit organization in the county. lefendant's part, ' or application for a position as a peace The health department shall forward to the courts a list ole in any action or 'defined in Section 830,made within five years of agencies selected for purposes of referral in accordance recommended for Leg.H. 1982 ch. 42, effective February 17, with Section 1001.10. Reimbursement for the costs of garding his or her ch. 785. implementing this section shall be made out of moneys e used for purpo J¢l Crim.Def.Prac.,Ch.51,"Diversion and Dismissal deposited with the county treasurer in accordance with g.H. 1982 ch. 42, " "'�cf Justice." Section 1463.23. (b) An AIDS prevention education program providing '-' services pursuant to subdivision(a) shall, at a minimum, .h.51,"Diversion and )l, Enacted 1982. Repealed 1984 ch. 172. include details about the transmission of human immu- (1001.11, enacted as part of Chapter 2.7 1, follows nodeficiency virus (HIV), the etiologic agent for AIDS, tf Bail Bond or 1 symptoms of AIDS or AIDS-related conditions, preven- tion through avoidance or cleaning of needles, sexual CHAPTER 2.71 practices which constitute high risk, low risk,and no risk ndant's case is div PREVENTION PROGRAM IN (including abstinence). and resources for assistance if the ,r deposit in lieu th person decides to take a test for the etiologic agent for efendant shall be ex ABUSE AND PROSTITUTION AIDS and receives a positive test result.The program shall n order so directing. CASES also include other relevant medical and prevention infor- uary 17, 1982. mation as it becomes available. participation in program; optional testing. (c) A person sentenced to a drugv diversion program ie §§1300-1304. tan education program. §1001.11. pursuant to Section 100 1.10 shall not be required to partic- Ch.51,"Diversion and ipate in an AIDS prevention education program,provided that the drug diversion program includes an AIDS preven- a. Mandatory Participation in tion education component that meets the requirements of ..; Optional Testing. subdivision (b). Le H. 1988 ch. 1243. Criminal Charges g• judge shall require any person described in ,ice. Waned satisfactorily (b),as condition of either placing the person CHAPTER 2.7$ or of permitting the person to participate in :riminal charges shall: exsion program to agree to participate in an DIVERSION FEES :riod of diversion.L *' '�uCation program. Testing for AIDS antibodies 17. 1982. Enrollment fee for entry into diversion program—Felony 0�ered but no person described in subdivision .,Ch.51."Diversion and cases; `criminalistics laboratory" defined. §1001.15. ,bt required to be tested. Enrollment fee for entre into diversion program—Misdemeanor section shall apply to any person who has cases; `°criminalistics laboratory" defined. §1001.16. placed on probation or granted diversion for, luired to Indicate following: §1001.15. Enrollment Fee for Entry Into solation of subdivision (a) of Section 11350 of Diversion Program—Felony Cases; the Department of Ju and Safety Code, subdivision (a) of Section «criminalistics Laboratory" Defined. if those cases diverted the Health and Safetv Code, Section 11550 of ;982 ch. 42, effective lord Safely Code, Section 4143 or 4149 of the (a) In addition to the fees authorized or required by Viand Professions Code,Section of subdivision f) of other provisions of law, a judge may require the payment ( of an administrative fee, as part of an enrollment fee in 647 if the offense involves intravenous use of a a diversion program. by a defendant accused of a felony !med Not to Have ' Wbscance. to cover the actual cost of any criminalistics laboratory of Arrest. on of subdivision(a)or(b)of Section 647. analysis,the actual cost of processing a request or applica- with the Department ch. 1243, 1989 ch. 534. tion for diversion, and the actual cost of supervising the osition in those cases. divertee pursuant to Chapter 2.5 (commencing with Sec- Upon successful corn drug abuse cases. Penal Code §1000. tion 1000),not to exceed five hundred dollars($500).The arrest upon which the for first-time prostitution offenders.Penal Code fee shall be payable at the time of enrollment in the tied to have never occ diversion program.The court shall take into consideration 1 g t Sec. 1001.16 PENAL CODE 46 453 the defendant's ability to pay, and no defendant shall be administrative cost of processing the request or app &viatic denied diversion because of his or her inability to pay. tion and supervising the divertee. The portion dein • goal,pl One-third of the fee collected shall be deposited in the in the criminalistics laboratories fund shall be ex an in, criminalistics laboratories fund in the county treasury,and as provided in Section 11372.5 of the Health and S not lir. two-thirds of the fee collected shall be used to cover the Code. da administrative cost of processing the request or applica- DO (b) As used in this section, "criminalistics labors watts. i tion and the actual cost of supervising the divertee. The means a laboratory operated by, or under contract wi yg, ed portion deposited in the criminalistics laboratories fund a city, county, or other public agency, including a gvices shall be expended as provided,in Section 11372.5 of the nalistics laboratory of the Department of Justice, wW ksabili Health and Safety Code. has not less than one regularly employed forensic sci ad soc A: (b) As used in this section, "criminalistics laboratory" engaged in the analysis of solid dose material and NJ inflow means a laboratory operated by, or under contract with fluids for controlled substances and which is registeft uty to r, a city,county, or other public agency, including a cnmi- nalistics laboratory of the Department of Justice, which as an analytical laboratory with the Drug Enforce 7asons t: has not less than one regularly employed forensic scientist Administration of the United States Department of J (c) for the processing of all scheduled controlled substanra xselol engaged in the analysis of solid dose material and body fluids for controlled substances, and which is registered (c) This section shall apply to all misdemeanor p mn as an analytical laboratory with the Drug Enforcement diversion programs established pursuant to this xgani. Administration of the United States Department of Justice Leg.H. 1982 ch. 1226, 1984 ch. 172, 1986 ch. 1034,1 un. f for the processing of all scheduled controlled substances. ch. 375. 1988 ch. 160, 1993 ch. 850. obich (c) In addition to the fees authorized or required by Cross-References xn131 r other provisions of law, a judge may require the payment "Misdemeanor" defined. Penal Code §17. pht of an administrative fee, as part of an enrollment fee in the a diversion program, by a defendant accused of an act §1001.17. Enacted 1982. Repealed 1993 ch. 850. d) charged as, or reduced to, a misdemeanor to cover the ° actual cost of processing a request or application for ckd diversion pursuant to Chapter 2.6 (commencing with CHAPTER 2.8 +e) Section 1000.6),the actual costs of reporting to the court DIVERSION OF MENTALLY 't r on a defendant's eligibility and suitability for diversion, RETARDED DEFENDANTS a dt the actual cost of supervising the divertee, and for the f) actual costs of performing any duties required pursuant Definitions. §1001.20. trbil ^` to Section 1000.9, not to exceed three hundred dollars Application of this chapter. §t0U1.21. rtic ($300). The fee shall be payable at the time of enrollment Court to determine whether defendant may be div §1001.22. in the diversion program: The fee shall be determined on Criminal proceedings. §1001.23. X01 a sliding scale according to the defendant's ability to pay, Inadmissible statements or information—Prior to repoAR lir, and no defendant shall be denied diversion because of his to probation department of findings and recommal► 44 or her inability to pay. Leg.H. 1982 ch. 1226. 1983 eh. tions. §1001.24. all 626, 1986 ch. 177, 1987 ch. 375, 1993 chs. 221, 850. Inadmissible statements or information—Subsequed 19 Cross-References granting of diversion. §1001.25. `> Statements or information not to be used in any sentee "Felony" defined. Penal Code §17. procedures. §1001.26. ; t Bail, bond, or undertaking—Exoneration, §1001-27. §1001.16. Enrollment Fee for Entry Into Two-year limitation—Criminal proceedings; progrts ports. §1001.28. Rt t Diversion Program—Misdemeanor Cases; Court may hold hearing and amend diversion pr "Criminalisties Laboratory" Defined. §1001-29. k 'w ( q y Withdrawal of consent to further participate in div ,a a) In addition to the fees authorized or required b other provisions of law, a judge may require the payment program. §1001.30. Dismissal of criminal charges at end of diversion of an administrative fee, as part of an enrollment fee in §1001.31. ql a diversion program, by a defendant accused of a misde- Records filed with State Department of Justice. §1001A meanor to cover the actual cost of any criminalistics Successful completion of diversion program—Arrest laboratory analysis in a case involving a violation of the to have never occurred; disclosure of arrest.§10 California Uniform Controlled Substances Act under Diversion-related individual programs to be fully mented by regional centers upon court order+o Division 10 (commencing with Section 11000) of the proval of treatment and rehabilitation plan. §10 1 Health and Safety Code, the actual cost of processing a request or application for diversion, and the actual cost } of supervising the divertee, not to exceed three hundred §1001.20. Definitions. dollars ($300). The fee shall be payable at the time of As used in this chapter: enrollment in the diversion program.The court shall take (a) "Mentally retarded"means the conditioe into consideration the defendant's ability to pay, and no cantly subaverage general intellectual functioning defendant shall be denied diversion because of his or her concurrently with deficits in adaptive behavior and . inability to pay. fested during the developmental period. One-third of the fee collected shall be deposited in the (b) "Diversion-related treatment and habili criminalistics laboratories fund in the county treasury,and means,but is not limited to,specialized services 0th ~• ti:-� f thr fee collected shall be used to cover the adaptations of generic services, directed to'�w BOARD OF SUPERVISORS , CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Hearing To Increase Fee for Entry Into Drug Diversion Program by Probation Department I declare under penalty of perjury that I am now, and at all times herein mentioned have been , a citizen of the United States , over age 18; and that today I deposited in the United States Postal Service in Martinez , California , postage fully prepaid , a certified copy Of Notice of Hearing to the following : Jeff Lawrence Jeanne C. Pavao Braddock & Logan Albert D. Seeno Contstruction Co. 4155 Blackhawk Plaza Cir . 4021 Port Chicago Highway Suite 201 Concord, CA 94524 Danville , CA 94506 The Hofmann Company BIA of North California Attn:David Lennon Attn: Guy Bjerke P.O. Box 907 P.O. Box 5160 Concord, CA 94522 San Ramon, CA 94583 Dennis J. Razzari Davidon Homes 1600 South Main St. #150 Walnut Creek , CA 94596 1 declare under penalty of perjury that the foregoing Is true and correct. Dated September 27; 1995 at Martinez, California. eputy Clerk 3 `JLJI I L I U FROM: Costa PHIL BATCHELOR, Wnty Administrator • a?< J T 'County DATE: September 26, 1995 SUBJECT: C �/ FIX HEARING TO INCREASE DRUG DIVERSION ADMINISTRATIVE FEE IN THE 3 PROBATION DEPARTMENT SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: 1. FIX hearing for Tuesday, October 17, 1995 at 1:15 p.m. for a public hearing on the proposed increase to the drug diversion administrative fee in the Probation Department. 2. DIRECT the County Probation Officer to publish required notices and submit to the Clerk of the Board for public inspection by Friday, October 6, 1995 documentation supporting the fee increase. BACKGROUND: Penal Code §1001.15, as modified, provides for up to a$500.00 administrative fee for entry into a drug diversion program. Currently, divertees are being charged a $150.00 administrative fee. Since this fee was originally authorized, Probation Department costs have been reviewed and determined to be in excess of $300.00. CONTINUED ON ATTACHMENT: YES SIGNATURE. RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BO R COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON Sel2t mb r 26 , 1995 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X 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: Contact: Larry Leal (510) 6464187 ATTESTED September 26 , 1995 Probation Department PHIL BATCHELOR,CLERK OF THE BOARD OF County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR Honorable John Minney, Presiding Superior Court Judge M382 (10/ Honorable Douglas Swager, Superior Court JudgeY DEPUTY B 'Aonorable Richard Flier, Superior Court Judge NOTICE OF PUBLIC MEETING AND AVAILABILITY OF DATA The Contra Costa County Board of Supervisors will hold a public meeting on Tuesday, October 17, 1995, at 1: 15 p.m. in the Board of Supervisors Chambers, McBrien Administration Building, 651 Pine Street, Martinez, California, to consider an increase to the Probation Department ' s administrative fee for entry into a drug diversion program pursuant to Penal Code Section 1001 . 15 . Oral and written presentations on the increased fee will be considered at the meeting. At least ten (10) days prior to October 17, 1995, data indicating the proposed fee, the cost or estimated cost of providing the services for which the fee will be levied, and the revenue sources anticipated to provide the services will be on file in the office of the Clerk of the Board of Supervisors, located at the above address, Room 106, and will be available there for public inspection. Names of persons to contact for more information about the specific fees will also be on file. Dated: September 14, 1995 Phil Batchelor, Clerk of the Board of Supervisors and County Administrator LLtA,.J De ty erk SEP-13-4995 1b=45 FF.OM COUNTY ADMIN. TO 34191 P.02 _ f ! Page 2 August 25, 1995 The estimated cost of handling 51011.15 P.C. drug diversion cases is: Investigation at 3 hours x $52.00 DPO hourly rate. . . . .$156.00 Supervision on min. supv. for 18 months x $12/month. . .$216.00 ESTIMATED TOTAL. . . . . . . . . . . . .$372.00 Note: The DPO hourly rate includes clerical support, supervisor support, services and supplies, department overhead and countywide overhead. Prepared by Tim Ward, Administrative Services Officer An�liv.TiiP i CONTRA COSTA COUNTY PROBATION DEPARTMENT ACTION/ROUTE TAB TO: FROM: DATE: ( ) Urgent ( ) ASAP ( ) When convenient (� As Requested ( ) For your action - Action requested b . ( ) Return with comments ( ) For your information ( ) POST ( ) Distribute/circulate to: ( ) Copy Sent To: ( ) All staff ( ) All Managers ( ) All Division Supervisors ( ) All Division Staff Remarks: ".,Z- GE 1b Re 12/90 `Probation DepartmentConti a County S. Buck Probation Officer Administrative Offices Costa la 50 Douglas Drive,Site 201 County Martinez,California 94553-8500 (510)313-4180 (510)313-4191 FAX A --�\ September 14, 1995 Alice Shakespeare Contra Costa Times FAX #r,. * Dear Alice, Attached is a legal notice we would like to have published regarding a public hearing to increase the administrative fee for entry into a drug diversion program. Please publish this notice on October 7 and October 13 , 1995 . The confirming purchase order number is WR79376 . Please call me at 313-4188 or FAX me at 313-4191 to confirm receipt of this order. We will process the payment when the invoice is received following publication. Thank you . Sincerely, Darlene Smith Executive Secretary Attachment D4JLegnot.wp SEP 15 Probation DepartmentCpntf a Gerald S.Suck County Probation Officer Administrative Offices Costa La 50 Douglas Drive,Suite 201 County u�}` , Martinez,California 94553-8500 /Y (510)313-4180 (510)313-4191 FAX s c Jeanne Magl i o, + - :4 Date: 9/14/95 Clerk of the Board , fir' From: "' � Subject Darlene Smith, Public Hearing for Fee Executive Secretary Increase Approval Attached is a notice for your use in announcing a public hearing before the Board of Supervisors on October 17, 1995 regarding increasing the Probation Department ' s administrative fee for entry into a drug diversion program. I have made arrangements for this notice to be published in the Contra Costa Times on October 7 and October 13 , 1995 as required. Julie Enea advised me she will provide you with the necessary Board Order to set the hearing date at the September 26, 1995 Board meeting. I have prepared the Board Order for the October 17, 1995 public hearing and will forward it to Julie . Individuals who wish more information about this specific fee should contact Larry Leal, Probation Director, at 313-4180 . I will let you know as soon as possible who will plan to attend the October 17, 1995 hearing to answer any questions that may arise . If you have any questions, please call me . Attachment d3/legal.not NOTICE OF PUBLIC MEETING AND AVAILABILITY OF DATA The Contra Costa County Board of Supervisors will hold a public meeting on Tuesday, October 17, 1995, at 1 : 15 p.m. in the Board of Supervisors Chambers, McBrien Administration Building, 651 Pine Street, Martinez, California, to consider aft increase to the Probation Department ' s administrative fee for entry into a drug diversion program pursuant to Penal Code Section 1001 . 15 . Oral and written presentations on the increased fee will be considered at the meeting. At least ten (10) days prior to October 17, 1995, data indicating the proposed fee, the cost or estimated cost of providing the services for which the fee will be levied, and the revenue sources anticipated to provide the services will be on file in the office of the Clerk of the Board of Supervisors, located at the above address, Room 106, and will be available there for public inspection. Names of persons to contact for more information about the specific fees will also be on file. Dated: September 14, 1995 SEP-i3-i995 16=45 FROM COUKrY ADMIN. TO 34191 P.02 Page 2 August 25, 1995 The estimated cost of handling §1011.15 P.C. drug diversion cases is: investigation. at 3 hours x $52.00 DPO hourly rate. . . . .$156.00 Supervision on min. supe. for 18 months x $12/month. . .$216.00 ESTIMATED TOTAL. . . . . . . . . . . . .$372.00 Note: The DP® hourly rate includes clerical support, supervisor support, services and supplies, department overhead and countywide overhead. Prepared by Tim Ward, Administrative Services officer i NOTICE OF PUBLIC MEETING AND AVAILABILITY OF DATA The Contra Costa County Board of Supervisors will hold a public meeting on Tuesday, October 17, 1995, at 1 : 15 p.m. in the Board of Supervisors Chambers, McBrien Administration Building, 651 Pine Street, Martinez, California, to consider an increase to the Probation Department ' s administrative fee for entry into a drug diversion program pursuant to Penal Code Section 1001 . 15 . Oral and written presentations on the increased fee will be considered at the meeting. At least ten (10) days prior to October 17, 1995, data indicating the proposed fee, the cost or estimated cost of providing the services for which the fee will be levied, and the revenue sources anticipated to provide the services will be on file in the office of the Clerk of the Board of Supervisors, located at the above address, Room 106, and will be available there for public inspection. Names of persons to contact for more information about the specific fees will also be on file. Dated: September 14, 1995 Phil Batchelor, Clerk of the Board of Supervisors and County Administrator FL 0a De ty erk 9cR-13-1995 16:45 FROM COUNTY ADMIN. TO 34191 F.02 Page 2 August 25, 1995 The estimated cost of handling §1011.15 P.C. drug diversion cases is: Investigation at 3 hours x $52.00 DPQ hourly rate. . . . .$156.00 Supervision on min. supv. for iS months x $12/1-iionth. . .$23.6.00 ESTIMATED TOTAL. . . . . . . . . . . . .$372.00 Note: The DPO hourly rate includes clerical support, supervisor support, services and supplies, department overhead and countywide overhead. Prepared by Tim Ward, Administrative Services Officer i =OF elProbation Department COrltraGerald S.Buck County Probation officer Administrative Offices Costa 50 Douglas Drive,Suite 201 County��` , VOF Martinez,California 94553-8500 �/ (510)313-4180 (510)313-4191 FAX To: Jeanne Maglio, ' Date: 9/14/95 Clerk of the Board �o..- `�n STq_�-UK From: Darlene Smith, Subject: public Hearing for Fee Executive Secretary Increase Approval Attached is a notice for your use in announcing a public hearing before the Board of Supervisors on October 17, 1995 regarding increasing the Probation Department ' s administrative fee for entry into a drug diversion program. I have made arrangements for this notice to be published in the Contra Costa Times on October 7 and October 13 , 1995 as required. Julie Enea advised me she will provide you with the necessary Board Order to set the hearing date at the September 26, 1995 Board meeting. I have prepared the Board Order for the October 17, 1995 public hearing and will forward it to Julie. Individuals who wish more information about this specific fee should contact Larry Leal, Probation Director, at 313-4180 . I will let you know as soon as possible who will plan to attend the October 17 , 1995 hearing to answer any questions that may arise. If you have any questions, please call me. Attachment d3/legal.not