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HomeMy WebLinkAboutMINUTES - 06091987 - 1.16 To, BOARD OF SUPERVISORS FROM: Phil Batchelor Contra County Administrator Costa DATE' June 2, 1987 County SUBJECT: Legislation: Senate Bill 262 (Presley) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND Alm JUSTIFICATION RECOMMENDATION• Adopt a position in support of SB 262 by Senator Robert Presley which would allow a peace officer to cite and release an individual arrested on a misdemeanor warrant with specified exceptions. Also authorizes the Sheriff to operate a Jail Industry Program. BACKGROUND: SB 262 by Senator Robert Presley does two things of major importance in this County. Number one, SB 262 would allow a peace officer to release an individual arrested on a misdemeanor warrant by issuing a citation similar to what is now done with traffic tickets rather than having to physically arrest the person, book them in the jail, and then release them. Under current law, persons who are issued traffic citations are generally not arrested, unless it is a serious offense, or the individual has other warrants outstanding. SB 262 would extend this citation authority to arrest warrants for most misdemeanor offenses which are not considered violent in nature. The bill outlines a number of offenses or circumstances in which the peace officer could not release the person with a citation. These include violence, use of a firearm, resisting arrest, giving false information to the peace officer, alcohol or drug offenses, and similar types of misdemeanors. This will substantially reduce the need to transport people to the county jail, most of whom are immediately released on bail anyway and would reduce the jail population. The second innovation in SB 262 is that the bill would authorize Sonoma County and Contra Costa County to establish jail industry programs. Currently, county jails are prohibited from implementing jail industry programs similar to the prison industry authority operated by the State Department of Corrections. SB 262 would extend this authorization to Sonoma and Contra Costa counties. CONTINUED ON ATTACHMENT: _ YES SIGNATURE: �///��/ Zoe/ �L� X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARRDCOMMITTEE X APPROVE OTHER S 1 GNATURE S : ACTION OF BOARD ON June 9, 1987APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE XUNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TARN AYES: NOES. AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. cc: County Administrator ATTESTED JUN 9 1987 Sheriff-Coroner _ Jackson/Barish & Associates PHIL BATCHELOR. CLERK OF THE BOARD OF Senator Robert Presley SUPERVISORS AND COUNTY ADMINISTRATOR M382/7-83 BY_ DEPUTY Page 2 Under the bill, the Sheriff would be authorized to request the Board of Supervisors to establish a jail industry commission which, in turn, would supervise the operation of a jail industry program. The commission would consist of nine members; four of whom would be appointed by the Board of Supervisors, and three of whom would be appointed by the Sheriff. In addition, the Chair of the Board of Supervisors and the Sheriff would. serve on the commission. The jail industry program would allow the Sheriff to operate programs under which items would be produced for sale outside of the jail itself. Prisoners would receive a wage on a sliding scale, not to exceed one-half of the existing minimum wage. There would be a deduction from the prisoner' s wages for room and board and, where appropriate, for a contribution to the victim/witness assistance fund. In addition, where a child support order was outstanding, a contribution could be made toward that order. Two programs are currently being considered for implementation if SB 262 passes. First, the jail would establish a laundry facility under which they would do laundry for public hospitals in the County, including Merrithew Memorial Hospital. All of these hospitals currently send their laundry to private outfits. Secondly, the Sheriff is looking into the manufacture of metal beds for jails which has been identified as a pressing need throughout the State. The Sheriff believes that they have a bed which can be manufactured at a very competitive price for jails being constructed throughout the State. Originally, SB 262 provided that the Sheriff could borrow funds from the jail industry fund for start-up costs. This provision has been deleted from the bill and the Sheriff, therefore, has no identified source of funding for start-up costs at the present time. The Sheriff ' s Office believes that this is a very positive program which should be supported by the community. Present indications are that most prisoners want to have a job while they are in jail since it makes the time go faster and provides them some funds upon release. The program also has the obvious advantage of providing some revenue to the Sheriff ' s budget under terms of room and board and assists in supporting the prisoners ' children, many of whom are probably on AFDC. It is, therefore, recommended that the Board support SB 262.