HomeMy WebLinkAboutMINUTES - 10262004 - SD2 TO: BOARD OF SUPERVISORS Contra
FROM: Lionel D. Chatman, County Probation Officer �, ;,•
�w ,r
Costa
DATE: October 26, 2004
SUBJECT: Conduct Public Hearing to Set an Administrative County
Fee for Juvenile Record Sealing Investigations Pursuant
to Section 781 of the Welfare and Institutions Code
SPECIFIC REQUEST(S)OR RECOMMENDATION{S}&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
1. CONDUCT public hearing to adopt a fee not to exceed $120 for juvenile record
sealing investigations conducted by the Probation Department pursuant to Section 781 of the
Welfare and Institutions Code, and RECEIVE oral and written testimony regarding the
proposed fee.
2. ADOPT Resolution No. 2004/559 approving establishment of an administrative fee of
$120 as reimbursement for juvenile record sealing investigations.
BACKGROUND:
Section 948.3 W&I provides that the County may set a fee for reimbursement for the actual
cost of a record sealing investigation not to exceed $120. The actual cost of a record sealing
investigation is $154.53. It is anticipated that this fee will generate approximately $21,000
annually to offset the cost of this service. The public hearing for this fee was fixed by the
Board of Supervisors on October 5, 2004 and has been properly noticed in accordance with
the Government Code.
CONTINUED ON ATTACHMENT: --YES SIGNATURE-
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IGNATURE------------------------ ---------------
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
_.-APPROVE OTHER
SIGNATURE(S):
--------_.._ 3R`-
" _________________--___________---- ----------_ __._--_----_----
ACTION Ot BAR ON
tjb , ( � APPROVE AS RECOMMENDED OTHER�
SERE A'DLACM ADDENDL24.
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
X AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENTN } AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT. ABSTAIN:
ATTESTED
CONTACT: Dave Grossl,6-4199 JOHN SW TEN,CLERK OF THE
BOARD OF SUPERVISORS AND
COUNTY ADMINISTRATOR
CC: County Probation Officer
County Administrator /
County Auditor-Controller '' f
BY :; - � 'v 3;"� DEPUTY
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 26, 2004, by the following vote:
AYES: SUPIMM G107A, LIMMA, GOM , DeSACiMM AMID GLM7M
NOES: NM
ABSENT: iM
ABSTAIN: MW
Resolution No, 20041559
Subject: Establish an Administrative Fee for Juvenile }
Record Sealing Investigations Pursuant to }
Section 781 W&I Code Not to Exceed $120.00. }
WHEREAS, Section 903.3 W&I provides that the County may set a fee for reimbursement for
the actualcost of a juvenile record sealing investigation conducted by the Probation Department
not to exceed $120.00. The actual cost of a juvenile record sealing investigation is $154.53
calculated as follows:
Salary and Benefits
2 hours of Deputy Probation Officer Time $106.16
1/2 hour of C Level Clerical Support 15.75
1/2 hour of Probation Supervisor Time 32.62
Total Cost $154.53
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors establishes an
administrative fee of$120.00 as reimbursement for juvenile record sealing investigations
conducted by the Probation Department pursuant to Section 781 W&I Code and authorizes
the Probation Department to collect these fees.
I hereby certify that this is a true and correct copy
of an action taken and entered on the minutes of
the Board of Supervisors on the date shown:
ATTESTED: October 26,2004
JOHN SWEETEN, Clerk of the Board of
Superviso and county Administrator
By 7��D uty
Contact: Dave Grossi, Ext. 3-4199
cc: County Probation Officer
County Administrator
County Auditor-Controller
RESOLUTION NO. 2004/559
ADDENDUM TO SD.2
OCTOBER 269 2004
On this day the Board conducted a hearing on the establishment of an administrative fee
for juvenile record sealing investigations conducted by the Probation Department, and on
the adoption of Resolution No. 2004/559 establishing said fee at$120 pursuant to Section
781 W&I Code.
Staff advised the Board that the proposed $120 fee did not fully recover the County's
costs to provide juvenile record sealing services, but is the maximum fee allowed under
current state law. Supervisor Gioia suggested that the Board work with other counties to
pursue legislative changes to promote full cost recovery for providing this service.
Supervisor Uilkema requested the County Administrator add this legislative proposal to
the County's legislative program.
Following further Board discussions, the Board took the following actions:
CLOSED the hearing on the adoption of a fee not to exceed$120.00 for juvenile record
sealing investigations conducted by the Probation Department pursuant to Section 781 of
the Welfare and Institution Code;
ADOPTED Resolution No.2004/559 approving establishment of an administrative fee of
$120 as reimbursement for juvenile record sealing investigations;
RECEIVED oral and written testimony regarding the proposed fee; and
DIRECTED the County Administrator to augment the County's legislative program with
an initiative to obtain full cost recovery for juvenile record sealing services.
The vote on the motion was as follows:
AYES:Supervisors Gioia,Uilkema, Greenberg,DeSaulnier and Glover
NOES: None
ABSTAIN:None
ABSENT: None
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TO: BOARD OF SUPERVISORS Contra
FROM: Lionel D. Chatman, County Probation Officer ,# Cost
CRATE: October 5, 2004 County
SUBJECT: Fix Hearing to Set an Administrative Fee For the
Sealing of Juvenile records Pursuant to Section 781
of the Welfare and institutions Code
SPECIFIC REQUEST(S)OR RECOMMENDATION($)&BACKGROUND AND JUSTIFICATION
RE MEND6TI-?N:
1. Fix'Tuesday, October 26, 2004, at 9:45 a.m. for a public hearing on the proposal to set an
administrative fee levied by the Probation Department to individuals petitioning that their
juvenile record be sealed pursuant to Section 781 W&1 not to exceed $120.00.
2. Direct the County Probation Officer to publish required notice and submit to the Clerk Of
the Board for public inspection by Friday, October 15, 2004, documentation supporting the
fee.
A GROUND:
Section 781 W&1 provides for qualified individuals to petition the Court to have their juvenile
records staled. Rule 9497 of the California Rules of Court indicates that a person seeking this
remedy shall submit an application to the Probation Department and the Probation
Department shall conduct an investigation and prepare a report with a recommendation to the
Court supporting or opposing the requested sealing. The Probation Department processes
applications from persons requesting that their record be sealed, investigates these matters
and prepares reports and recommendations to the Court.
Section 903.3 W&I provides that the County may set a fee for reimbursement for the actual
cost of s record sealing investigation not to exceed $120.00. The actual cost of a record
sealing investigation is $154.53. it is anticipated that this fee will generate approximately
$21,000 annually to offset the cost of this service.
00 WWWNWON ATTACHMENT: �YES SIGNATU
____.._,c..------.-_-----------..._..�_._ .__-..__..__—__----------- ----___..___ "_- _. __
L+ EC."OMMENDATION OF COUNTY ADMINISTRATOR RECOMMENLI TION OF B ARD COMMITTEE
„_"t=-APPROVE OTHER
SIGNATURE(
ACTION OF B ONS - " , APPROVE AS RECOMMENDE[z __.
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS is A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT ► 1 AND ENTERED ON THE.MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN,
ABSENT: ABSTAIN:
ATTESTED —lez , `ter <,`
CONTACT: Dave Grossi,Ext.3-4999 JOHN SWEETEN,CLERK OF THE
BOARD OF SUPERVISORS AND
COUNTY ADMINISTRATOR
CC: County Probation Officer
County Administrator
County Auditor-Controller
BY ,DEPUTY
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNh
Adopted this Resolution on tx,tcber 26, 2004 by the following vote:
AYES:
NOES:
ASSENT:
ABSTAIN:
Resolution No. 2004/
Subject: Establish an Administrative Fee for the
Sealing of Juvenile Records Pursuant to
Section 781 W&I Not to Exceed $120.00.
WHEREAS, Section 903.3 W&I provides that the County may set a fee for reimbursement for
the actual cost of a juvenile record sealing investigation conducted by the Probation Department
not to exceed $120.00. The actual cost of a juvenile record sealing investigation is $154.53
calculated as follows:
Sala(y and Benefits
2 hours of Deputy Probation Officer Time $106.16
1/2 hour of C Level Clerical Support 15.75
1/2 hour of Probation Supervisor Time 32-62
Total Cost $154.53
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors establishes an
administrative fee of$120.00 as reimbursement for juvenile record sealing investigations
conducted by the Probation Department pursuant to Section 781 W&I and authorizes the
Probation Department to collect these fees.
I hereby certify that this Is a true and correct copy
of an action taken and entered on the minutes of
the Board of Supervisors on the date shown;
ATTESTED:
JOHN SWEETEN, Clerk of the Board of
Supervisors and County Administrator