HomeMy WebLinkAboutMINUTES - 01161996 - C34 TO:,.., BOARD OF SUPERVISORS C
FROM: GARY T. YANCEY, District Attorney s----- -,.o
'` -- Contra
DATE: January 3, 1996 , - $S Costa
SUBJECT: Resolution that there are sufficient funds available ray°-"�•
County
to create and operate the District Attorney' s Bad Check
Restitution Program
SPECIFIC REQUEST(S)OR RECOMMENDATIONS&BACKGROUND AND JUSTIFICATION
I . RECOMMENDED ACTION
Resolve that there are sufficient funds available to create and operate
the District Attorney' s Bad Check Restitution Program.
II . FINANCIAL IMPACT
There is no financial impact as all costs of the program will be borne
by California Community Disputes Service and paid out of the fees
authorized to be collected from bad check writers by Penal Code section
1001 . 65 .
III . REASONS FOR RECOMMENDATION/BACKGROUND
Penal Code section 1001 . 60 states that the Board of Supervisors must
declare that there are sufficient funds available before the District
Attorney may create such a program. As this program is not funded by
the County, there are sufficient funds available. The creation of this
Program is advisable as it will lessen the impact of financial crime
upon its victims within Contra Costa County without cost to them or to
the County.
IV. CONSEQUENCES OF NEGATIVE ACTION
The District Attorney will not be authorized to create the Bad Check
Restitution Program and the negative financial impact of the bad check
writer on commerce within Contra Costa Cou y will not be changed.
CONTINUED ON ATTACHMENT: YES: SIGNATURE:
S
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMI E
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON January 16, 77F APPROVED AS RECOMMENDED—t- _ OTHER
IT IS BY TBE BOARD ORDERED that Resolution 96/15 is ADOPTED.
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: Dennis Murphy 3-1038 ATTESTED January 16, 1996
CC: District Attorney, Attn: R. Goldstein PHIL BATCHELOR,CLERK OF THE BOARD OF
County Admin., Attn: George Roemer SUPERVISORS AND COUNTY ADMINISTRATOR
+ BY DEPUTY
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on January 16, 1996 , by the following vote:
AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson, Smith
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: A Resolution declaring sufficient funds are available to fund a
Bad Check Restitution Program.
RESOLUTION OF THE GOVERNING BOARD 96/ 15
WHEREAS, California Penal Code section 1001 . 60 et seq. authorizes the
district attorney of a California county to create a program for persons who
write and/or pass bad checks in the county;
WHEREAS, California Penal Code section 1001 . 60 provides that a district
attorney of a California county may Icontract with a private entity to conduct
such a program;
WHEREAS, California Community Disputes Service has agreed to conduct a bad
check program at no cost to the County of Contra Costa for the District
Attorney of Contra Costa County;
WHEREAS, all costs of the program are to be borne by California Community
Disputes Service' s share of the fees generated by the program;
WHEREAS, the Board of Supervisors, pursuant to section 1001 . 60 of the
California Penal Code, must declare that there are sufficient funds available
to fund a bad check program;
NOW, THEREFORE, BE IT RESOLVED that as the costs of the District Attorney' s
Bad Check Restitution Program are to be borne, and are borne, by California
Community Disputes Service' s share of the fees generated from the operation
of such program, the funds for such a program are available within the
meaning of section 1001 . 60 of the California Penal Code;
1 hereby certity that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervjsorson the date
soahc�yv�6
ATTESTED JJ ry 16 1y
PHIL BATCHELOR,Clerk of the Board
of Supervisors and County Administrator
By4, ad I A
cc: District Attorney, Attn: R. Goldstein
County Admin., Attn: George Roemer