HomeMy WebLinkAboutMINUTES - 04181989 - 2.2 M_0O�
To: BOARD OF SUPERVISORS Contra
Gerald S. Buck Count Probation Officer
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FROM: y roon cer
r Costa
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Count'J
DATE: April 5, 1989 y
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SUBJECT: Implementation of Fees for Probation
Services to Adult Offenders
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Adopt an Ordinance providing for reimbursement of costs of adult
presentence investigation and probation supervision services.
BACKGROUND AND DISCUSSION
Assessment of fees to offset costs of Probation services has been
permitted for several years and is the practice in several
counties (Alameda, Solano, Sacramento, San Diego, San Joaquin,
etc. ) .
STATUTORY PROVISIONS
Section 1203 . 1b CPC - Fees for Probation Presentence
Investigations and Supervision. Board of Supervisors
approval required.
As required by statute, the Presiding Judges of the Superior and
Municipal Courts have approved a schedule of maximum
reimbursement which does not exceed the actual average cost of
service. The proposed schedule is $25. 00 per month for
presentence investigations and supervision.
The Court may, after determination of ability to pay, order a
defendant to pay all or a portion of the reasonablle costs of
Probation. Reasonable cost shall not exceed the actual average
cost. The Court shall order monthly payments as directed by the
Probation Officer.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON - April 18, 1989 APPROVED AS RECOMMENDED OTHER X
INTRODUCED ordinance, WAIVED reading and FIXED April 25, 1989 for adoption.
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT a ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: County Probation Officer ATTESTED /f. 1989
County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF
Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR
Office of Revenue Collection
Honorable Edward Merrill
M382
Honorable Mark Simons BY
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(10/88) DEPUTY
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Execution of the Court' s order shall be in the same manner as a
judgment in a civil action and shall not be enforced by contempt.
A payment schedule shall be developed by the . Probation Officer
and approved by the Presiding Judges. The provisions of this
section shall be operative upon adoption of an Ordinance by the
Board of Supervisors.
FEE SCHEDULE DETERMINATION:
Calculation of costs was based on deputy time expenditure for
Municipal and Superior Court presentence investigations and time
standards of various supervision classifications from maximum to
administrative service levels. Hours for these units of service
were based on complex time studies done in conjunction with the
implementation of our classification system. Cost was
established based on deputy time only. No other costs were
considered or needed for the establishment of the fee schedule
which was recommended and approved by the Courts. The actual
average deputy cost per case per month is approximately $40.00
and the judicially approved amount was for $25. 00. The lesser
amount is proposed for four reasons:
1. Even those probationers receiving minimal services
generate a cost of at least $25. 00 per month.
Therefore, costly court appeals based upon the
differing cost of levels of service would be negated.
2 . Keeping the monthly fee at a lower level will increase
chances of payment without-overt collection effort and
thus maximize overall revenues.
3 . Studies elsewhere have shown that as the rate is
increased, the number of probationers able and willing
to pay decreases.
4. Judges have expressed a preference to. keep the maximum
fee charged at a reasonably low level in light of
probationers' other financial obligations.
EXECUTION AND ENFORCEMENT
It is our intent to commence recommending fees for all formal
probation cases upon adoption of a County Ordinance.
Probationers ordered to pay fees thereafter will be billed on a
monthly basis by the Office of Revenue Collection. The monthly
billing amount will be determined by the Probation Officer, not
to exceed the proposed schedule of $25.00 per month.
Failure to pay cannot be enforced as a criminal sanction or
condition of probation, nor will ORC initiate civil enforcement
proceedings because of the costs of such operations. It has been
the experience of other counties that the order and billing alone
will generate about a 9% payment rate.
Upon termination of probation, as indicated, arrearages in fees
may be enforced through State income tax refund intercept.
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FINANCIAL IMPACT
Costs related to implementing the Probation fees system are
minimal. Ability to pay and monthly payment schedules will be
the responsibility of the Probation Officer. These matters are
already assessed in nearly every case investigated for the
purpose of determining appropriate fine and restitution payment
schedules. The only effort for the Court will be to include
payment of fees as recommended in their standard conditions of
probation. Other agencies using fees tell us that appeals to the
County on payment schedules are extremely rare or non-existent
since payment schedules on a case by case basis are negotiated
and based on ability.
Since we are not proposing an active collection effort (see
below) , there will be minimal cost to the Office of Revenue
Collection. That office has suggested a $1.00 per case charge to
add the fee to their billing process. It should be noted that
the vast majority of probationers are already billed by ORC for
fine and restitution payment. Upon termination of probation,
arrearages will be sought via State income tax refund intercept
which has a cost of less than $1. 00 per case.
Fee revenues will be minimal the first three years of this .
program as it cannot be applied retroactively to 6, 000
probationers already on probation. However, assuming a 90
payment recovery rate, applied to the "debtor pool" at the end of
the third year, we estimate an annual revenue of $165, 000. By
statute these revenues must be dedicated to the exclusive use of
offsetting costs for Probation services.
ORDINANCE NO. 89-
(Defendants pay reasonable costs of probation and reports. )
The Contra Costa County Board of Supervisors ordains as follows
(omitting the parenthetical footnotes from the official text of
the enacted or amended provisions of the County Ordinance Code) :
SECTION I: SUMMARY. This ordinance adds Chapter 62-8 to
Division 62 of the Ordinance Code, to implement Penal Code
section 1203 . 1b in Contra Costa County, to permit the County to
recover certain costs of probation and reports from criminal
defendants .
SECTION II: Chapter 62-8 of Division 62 is added to the County
Ordinance Code to read:
Chapter 62-8
Probation Costs Fund
62-8 .002 Penal Code 5 1203.1b operative. The provisions of
Penal Code section 1203 .1b are adopted and made operative in
Contra Costa County.
SECTION III. EFFECTIVE DATE. This ordinance becomes effective
30 days after passage, and within 15 days of passage shall be
published once with the names of the supervisors voting for and
against it in the , a
newspaper published in this County.
PASSED ON by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: PHIL BATCHELOR, Clerk
of the Board of Supervisors and
County Administrator
By:
Board Chair
[SEAL]
AWW:tb
ORDINANCE NO. 89-