HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-394 SUBJECT: APPLY PRIORITIES OF DISBURSEMENT OF RESOLUTION NO.
COLLECTIONS ON COURT ORDERS OR
PARTS OF COURT ORDERS
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA
COSTA, :NATE OF CALIFORNIA, APPLYING PRIORITIES OF DISBURSEMENT OF
COLLECTIONS ON COURT ORDERS OR PARTS OF ORDERS FOR VICTIM RESTITUTION,
STATE SURCHARGE (PENAL CODE SECTION 1465.7); STATE SURCHARGE
(GOVERNMENT CODE SECTION 70372); FINES; REIMBURSEMENT FOR LEGAL
ASSISTANCE; COST OF JAIL OR CONFINEMENT; REIMBURSEMENT FOR PROBATION
SERVICES; AND OTHER REIMBURSEABLE COSTS.
WHEREAS, pursuant to Penal Code Section 1203.1d, as amended by AB3000 requires the
Board of Supervisors apply priorities of disbursement to monies collected on court orders or
parts of court orders, for victim restitution, state surcharges, fines, reimbursement for legal
assistance, probation costs, cost of jail or confinement, and other reimbursable cost.
NOW, THEREFORE, pursuant to said legislation, it is by the board resolved that the amount
and manner of disbursement of monies collected under court orders made pursuant to the
penal code requiring a defendant to make reparation or restitution to a victim of a crime, to pay
any money as reimbursement for legal assistance provided by the court, to pay any cost of
probation services, to pay any cost of jail or other confinement or to pay any other reimbursable
costs, shall be as follows;
(a) If payment is made in full, the payment shall be apportioned and disbursed in the
amounts ordered by the court.
(b) If installment payments are made, or payment is received by the Franchise Tax
Board, pursuant to Section 19280 of the Revenue and Taxation Code, and
subsequently transferred to the Controller to the County pursuant to Section
19282 of the Revenue and Taxation Code, disbursements of the amounts
collected shall be made in the following order of priority:
(1) Restitution ordered to, or on behalf of, the victim pursuant to subdivision (f)
of Section 1202.4 of the Penal Code.
(2) The state surcharge pursuant to Section 1465.7 of the Penal Code.
(3) Any fines, penalty assessments, and restitution fines ordered pursuant to
subdivision (b) of Section 1202.4. Payment of each of these items shall be
made on a proportional basis to the total amount levied for all of these
items.
(4) Any other reimbursable costs.
(c) The above priorities of disbursement shall apply to orders or parts of orders in
cases where defendants have been ordered to pay more than one court order.
cc: County Administration i hereby certify that this is a true and correct
Superior Court Administration copy of an action taken and entered on the
Court Collections and Compliance minutes of the Board of Supervisors on the
p date shown. ,
ATTESTED:
JOHN S)MtTEKtIerk of the Board
of SupepWors and County Administrator
By t r----3eputy