HomeMy WebLinkAboutMINUTES - 06021987 - 1.55 .Tb- BOARD OF SUPERVISORS
FROM Phil Batchelor Contra
County Administrator Costa
DATE May 27, 1987 County
SUBJECT:
Legislation: Senate Bill 738 (Davis)
SPECIFIC REQUEST(S) OR RECOMMENDATION(_S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position in opposition to SB 738 by Senator Davis which
would increase the state penalty assessment for deposit to the
Restitution Fund.
BACKGROUND:
Under current law, a penalty assessment of $5. 00 for every
$10 . 00, or fraction thereof, is imposed on fines and forfeitures
imposed and collected by the courts for criminal offenses. These
funds are deposited into a variety of funds, including the Fish
and Game Preservation Fund, the Restitution Fund, the Peace
Officers' Training Fund, the Driver Training Penalty Assessment
Fund, the Corrections Training Fund, the Local Public Prosecutors
and Public Defenders' Training Fund and the Victim-Witness
Assistance Fund.
SB 738 adds $2. 00 to the current $5.00 penalty assessment ( for a
total of $7. 00 for every $10-00, or fraction thereof) . All of
the proceeds of this additional penalty assessment would go
directly to the Restitution Fund which already receives 22.12% of
the $5.00 penalty assessment. The Restitution Fund is used to
reimburse private citizens who have sustained a loss as a result
of a crime.
While we have no argument with the value of the Restitution Fund,
local government has other priorities in these very trying budget
times. There is concern that increasing the penalty assessment
to this extent will jeopardize the chances of the County' s
securing the additional penalty assessments which are a
cornerstone of the County' s 1987 Legislative Program. In
addition, this additional penalty assessment would raise the
total financial sanction on a convicted defendant substantially,
thereby creating obstacles to increasing bail and fine levels in
the future. SB 738 would, by increasing the total financial
sanction on a defendant, increase fine collection defaults
thereby requiring additional manpower to respond to such
CONTINUED ON ATTACHMENT: - YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
S I GNATURE i S 11'
ACTION OF BOARD ON _ JunP 2.....1987 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 ONS
N I TyE DATE SHOWN.
CountyATTESTED
Administrator O 2 W7
cc: Clerk-Admin. , W.C.-Danville Muni Court
Jackson/Garish & Associates PHIL BATCHELOR, CLERK' OF THE BOARD OF
Senator Ed Davis SUPERVISORS AND COUNTY ADMINISTRATOR
By DEPUTY
M3821/7-8'3