HomeMy WebLinkAboutMINUTES - 07101990 - 1.72 TO: BOARD OF SUPERVISORS �� s L Contra
y:
FROM: Costa
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Phil Batchelor, County AdministratorCOUnt
4° Y
DATE: cPrrq couN� cP,
July 5, 1990
SUBJECT: LEGISLATION: AB 2814 (Kelley)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMMMATION:
Adopt a position in . SUPPORT of AB 2814 by Assemblyman Kelley
which would allow County Counsel to recover the cost of opposing
a motion to discharge forfeiture of bail and provides for the
service of the notice of such motions directly on County Counsel
rather than only on the District Attorney.
BACKGROUND:
Under current law a court can order the forfeiture of bail if a
defendant does not appear in court as required. However, if
thereafter the defendant appears in court within 180 days and
explains to the court' s satisfaction why the defendant did not
appear as required the court can discharge the forfeiture of the
bail. Likewise, ' if the court determines that the defendant is
dead or otherwise prevented from appearing in court because of
illness, insanity or detention by civil or military authorities
the court can also discharge the forfeiture of the bail.
However, under current law, no order discharging a forfeiture of
bail may be made without notice to the District Attorney, who may
request a hearing within 10 days after receipt of the notice,
unless the District Attorney has waived such notice.
Also under current law, when a bond is forfeited and the period
of time to discharge the forfeiture has expired the court is
required to issue a summary judgment against each bondsman for
�J
CONTINUED ON ATTACHMENTYi-S, YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES:
ACTION OF BOARD ON .Ill ly 1_00 1990 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
�( I HEREBY CERTIFY THAT THIS IS A TRUE
_L1 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: ATTESTED " ID, / / 7
Please See Page 2. PHIL BATC9ELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
LD i
M382 (10/88) BY DEPUTY
the amount for which each bondsman is liable. Within 30 days
after the summary judgment is final the District Attorney or
civil legal adviser to the Board of Supervisors is directed to
demand immediate payment of the judgment and to pursue collection
if the judgment is not satisfied within 20 days.
If the District Attorney is successful in opposing the discharge
of a forfeiture the resulting funds are divided between the
county and cities pursuant to Penal Code Section 1463 , meaning
the county generally recovers only a small fraction of the funds.
In Contra Costa County the District Attorney no longer chooses to
appear to object to the discharge of a forfeiture so the County
Counsel has assumed this responsibility as the civil legal
adviser to the Board of Supervisors. However, the County Counsel
is not required to be sent notice of the pending discharge
directly and occasionally is unable to meet the ten day limit for
requesting a hearing because of the need for the notice to be
transferred to the County Counsel from this District Attorney.
In addition, while the County Counsel incurs costs for requesting
and appearing at the hearing, the County recovers only its normal
percentage of the resulting bail which is forfeited.
Assemblyman Kelley and Senator Presley have introduced AB 2814
which, as amended May 30, 1990 would do the following:
1. Require that the County Counsel be provided notice directly
of a request to discharge a forfeiture, if the Board of
Supervisors has designated the County Counsel to perform
these duties under the provisions of the Penal Code.
2. Authorizes the County Counsel (or District Attorney) to
recover all of its costs for successfully protesting the
discharge of the forfeiture prior to the remaining funds
being split in accordance with Penal Code Section 1463 .
County Counsel recommends that the Board of Supervisors support
AB 2814 since its passage would insure direct notice to County
Counsel and would allow County Counsel to recover all of its
costs before the bail is split with the cities. This office
concurs with this recommendation and therefore recommends that
the Board of Supervisors indicate its support for AB 2814.
AB 2814 passed the Assembly Public Safety Committee on March 20,
1990 by a vote of 7: 0. The bill passed the Assembly Ways & Means
Committee April 4, 1990 on the Consent Calendar and passed the
full Assembly April 19, 1990 by a vote of 73 : 0. The bill passed
the Senate Judiciary Committee May 29, 1990 by a vote of 8: 0.
The Senate Appropriations Committee waived a hearing on the bill,
which is now on the Third Reading File on the Senate Floor.
cc: Assemblyman Kelley
Senator Presley
County Administrator
County Counsel
District Attorney
Municipal Court Administrator
County Clerk
Auditor-Controller
Les Spahnn, SRJ. Jackson, Barish & Associates