HomeMy WebLinkAboutMINUTES - 03121991 - 1.29 G 1-029
TO: BOARD OF SUPERVISORS sE L• Contra
ttE..1-,,, ••.oF L
FROM: Phil Batchelor, County Administrator
~ f Costa
nl s
Count
March 6, 1991 -1 Y
DATE:
SUBJECT: LEGISLATION - SB 450 (Boatwright)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Acknowledge that the Board of Supervisors is the SPONSOR of SB
450 by Senator Boatwright, which authorize the Probation ,
Department, rather than the Courts to determine the ability of a
probationer to pay fees to cover the cost of Probation
investigations and supervision.
BACKGROUND:
One of the items on the Board' s 1991 Legislative Program calls
for legislation which would delegate to the County Probation
Officer the authority the courts now have to set the fees for
probationers to pay for various probation services. SB 450 has
now been introduced by Senator Boatwright to accomplish this.
Under current law, a county may adopt an ordinance to implement a
procedure whereby a court, after a hearing, may make a
determination regarding the ability of a defendant to pay all or
a portion of the reasonable cost of probation and of conducting
the presentence investigation and preparing the presentence
report. Following an evaluation of the ability of the defendant
to pay all or a portion of these costs, the court can determine
that the defendant has the ability to pay all or a portion of the
costs, set the amount the defendant is required to pay and
require the defendant to pay that amount. The authority to
require such payment applies only to those cases in which the
defendant is actually granted probation.
CONTINUED ON ATTACHMEftv
T. S YES SIGNATURE: /
Z
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
K APPROVE OTHER
ti
SIGNATURE(S):
ACTION OF BOARD ON March 12,_ 1991 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT—mss+^ ) 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 MAR 12 1991
PHIL BATCHELOR,CLERK OF THE BOARD OF
Please see Page 2. SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
M382 (10/88)
SB 450 would delegate the authority to determine the ability to
pay, to set the amount to be paid and to set the amount of each
payment to the County Probation Officer, rather than the court.
The bill would also expand the circumstances under which payment
could be sought to include preplea or presentence investigations
where the individual is not actually granted probation.
The defendant would have a right of appeal to the court if the
defendant believes the decision made by the County Probation
Officer was unfair or inappropriate.
The County Probation Officer believes that delegating this
authority to his Office will increase the number of cases in
which such fees are sought. Expanding the circumstances under
which such fees can be sought to include prepiea and presentence
investigations which do not result in a defendant being granted
probation should also generate some additional revenue.
Since the Board of Supervisors has included such legislation in
its 1991 Legislative. Program, it is appropriate for the Board to
acknowledge that it is the sponsor of SB 450.
cc: County Administrator
Superior Court Administrator
Gerald S. Buck, County Probation Officer
George Roemer, Director, Justice Systems Programs
Les Spahnn, SRJ. Jackson, Barish & Associates (Via CAO)