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FROM: C. E. Dixon, Interim County Administrator CCoo to
DATE: April 4, 1984 County
SUBJECT: Payment. of Incarceration Fees
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Order the Offices -of County Counsel, Superior and Municipal Courts, Sheriff-
Coroner and County Administrator to review the matter of adopting an
ordinance pursuant to Penal Code Sections 1203.1b and 1203.1c permitting
the courts to order defendants to pay all or a portion of reasonable
costs of defendant' s incarceration and if appropriate prepare the required
ordinance for submission to the Board of Supervisors.
BACKGROUND
The Board of Supervisors has a longstanding commitment to maximize the use
of alternatives to incarceration.
Statutory authority exists allowing the ability of the County to collect the
reasonable costs of incarceration, either as a term of probation or as a
sentence for the offense, when a defendant is convicted of an offense for
which sentence involves a period of confinement in the county jail or other '
local detention facilities (Penal Code 1203.1c) . The statutory authority
requires that the County develop an ordinance to implement the penal code
section and it requires that the judge orders that the defendant upon
conviction be screened for eligibility 'to repay the County for costs of
incarceration not to exceed the amount determined to be actual average costs
which at the present time are $38. 38 per day.
It is recommended that the offices of County Counsel, the Superior and
Municipal Courts, Sheriff-Coroner and the County Administrator review the
desirability and feasibility of implementing the penal code section by
developing an implementing ordinance as required by law. Following this
study if it is so determined, an ordinance will be prepared for presentation
to the Board of Supervisors.
CONTINUED ON ATTACHMENT: YES SIGNAT.JiE:.=
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON 419� � Z 00 g APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
--Z-UNANIMOUS (ABSENT ) 1 HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD.
OF SUPERVISORS ON THE DATE SHOWN.
GC: (see attached) ATTESTED / D /c,d' 7`
J. . OLSSON, COUNTY CLERK
AND EX OFFICIO CLERK OF THE BOARD
000J128
M362/7-83 BY n DEPUTY
.:dam
Payment of Incarceration Fees
April 4, 1984
cc: Sheriff-Coroner
Criminal Justice Agency
Jury Commissioner
Public Defender
District Attorney
Probation Officer
Auditor-Controller
County Administrator
County Counsel
Contra Costa Mayors' Conference
Municipal Court Judges' Association
County Police Chiefs' Association
a
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 10, 1984 by. the following vote:
AYES: Supervisors Powers, Fanden, Schroder , McPeak, Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Proposed Legislation to Recover
Costs of Participants Utilizing
the Services of the Penal System
In the Board' s discussion on a proposal to recover costs
of incarceration, Supervisor Tom Powers referred to two bills
currently in Committee, SB 1576 (aimed at the recovery of certain
parole costs) and SB 1709 (extending the misdemeanor diversion law
and providing an administrative way to recover costs from a partici-
pant of the diversion program) . He advised that the Committees
reviewing the proposed legislation have indicated some opposition to
allowing counties to recover all or a portion of the costs incurred
by defendants. utilizing the services provided under the Penal
System.
Supervisor Powers recommended that the aforesaid bills be
referred to the County Administrator for analysis and recommendation
of County position on same, and that the County Administrator recom-
mend strategy to enable a County to be more effective in moving this
type of legislation through Committee.
Board members being in agreement, IT IS ORDERED that the
recommendations of Supervisor Powers are APPROVED.
000 3,2
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:
MI. OLSSOM, COUNTY CLERK
and ex officio Clerk of the Board
Sy &1601IA692, Deputy
cc: County Administrator