HomeMy WebLinkAboutMINUTES - 04041989 - 1.36 To: BOARD OF SUPERVISORS Contra
FROM: Phil Batchelor "I Costa
County Administrator 's
..:,,.. . County
DATE: °OsT•..__....
March 28, 1989 q °UNC
SUBJECT:
Legislation: Senate Bill 166 (Ayala)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION•
Request Senator Ayala to amend SB 166 as amended February 14,
1989 in order to allow the courts in Contra Costa County to
impose an assessment in the same amount as the spinoff for the
Sheriff' s laboratory fund and alcohol program fund in order to
reduce the drain on the County' s (and cities ' ) fines and
forfeitures revenue.
BACKGROUND:
Under current law, from the money deposited in the Penal Code
Section 1463 fine and forfeiture pot $50 for each conviction of
certain specified offenses involving reckless driving or driving
under the influence of drugs or alcoholic beverages is dedicated
to the Sheriff ' s laboratory for the purpose of paying for the
cost of performing the blood, breath and urine tests to determine
the presence of drugs or the alcohol level of an individual.
In addition, $50 is also allocated from the fine and forfeiture
pot to the County' s alcohol programs for each of these same
reckless driving and drug and alcohol offenses.
In 1987, Assemblyman Campbell was successful in obtaining passage
of AB 2519 (Chapter 1158, Statutes of 1987): AB 2519 authorizes
the Board of Supervisors of Contra Costa County to authorize the
courts in this County to impose two $50 assessments on each
individual convicted of driving under the influence of drugs or
alcoholic beverages. By imposing this additional assessment,
this County is able to blunt the drain on the fine and forfeiture
pot which otherwise occurs when the $50 spinoffs are taken from
CONTINUED ON ATTACHMENT: YES SIGNATURE: &zgez�Z /X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
—X APPROVE OTHER
SIGNATURE(S): �.�G�% ��.��iC /
ACTION OF BOARD ON - April 4, 1989 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT ) 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: Listed on Page 2 ATTESTED APR 4 1989
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
M382 (10/88)
Page 2
the fine and forfeiture pot for the Sheriff ' s laboratory and
alcohol programs. In effect, the individual who is convicted of
driving under the influence of drugs or alcoholic beverages is
required to pay for the spinoff to the Sheriff ' s laboratory and
alcohol programs. While the law does not authorize the
assessment on individuals convicted of reckless driving and while
the County does not necessarily collect the full assessment from
all defendants, the imposition of this assessment does help to
free up the money in the fine and forfeiture pot for distribution
to the cities and County General Fund.
Senator Ayala has introduced SB 166 which, when it was originally
introduced on January 11 , 1989, increased the spinoff to the
Sheriff' s laboratory from $50 to $75, and the spinoff to the
alcohol programs from $50 to $55. SB 166, as introduced, made
corresponding changes to the authority for the Contra Costa
County Board of Supervisors to authorize the courts in the County
to impose the additional assessment and increased these
additional assessments to $75 and $55 .
On February 14, 1989, Senator Ayala amended SB 166 to increase
the spinoff to the Sheriff' s laboratory to $100. However, the
corresponding assessment on the defendants to pay for this
spinoff was left at $75. This will have the effect of reducing
further the available funds in the fine and forfeiture pot unless
the assessment authorized in this County is increased to keep
pace with the spinoff to the Sheriff ' s laboratory.
It is not recommended that the Board of Supervisors take a
position on the level of the spinoff from the fine and forfeiture
pot to the Sheriff ' s laboratory fund or the alcohol program. It
is simply recommended that the Board of Supervisors ask Senator
Ayala to amend SB 166 so that the dollar amount in Penal Code
Section 1463 . 14 (b) (the authority for the County to impose the
assessment for the Sheriff ' s laboratory) matches the dollar
amount of the spinoff set forth in Penal Code Section 1463 . 14 (a)
(the spinoff for the Sheriff ' s laboratory) and that the
assessment contained in Penal Code Section 1463 . 16 (c) (the
authority to impose the assessment for the alcohol program)
remains equal to whatever level of spinoff is contained in Penal
Code Section 1463 . 16 (a) (the spinoff for the alcohol program) .
cc: County Administrator
Sheriff-Coroner
Health Services Director
Alcohol Program Administrator
Municipal Court Administrator
Assistant Administrator--Finance
Senator Ruben Ayala
Assemblyman Robert Campbell
Les Spahnn, Jackson/Barish & Associates