HomeMy WebLinkAboutMINUTES - 03091993 - 1.24 1 -24
TO: BOARD OF SUPERVISORS ,E..
„F Contra
FROM: Phil Batchelor, County Administrator
�;�-�_ Costa
County
DATE: March 4, 1993
SUBJECT: LEGISLATION - SB 177 (Boatwright)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position in SUPPORT of SB 177 by Senator Boatwright, which
authorizes the Probation Officer, rather than the Court, to
determine the ability of a probationer to pay fees to cover the
cost of Probation investigations and supervision.
BACKGROUND:
In 1991, the Board included in its Legislative Program sponsorship
of legislation (SB 450) which would delegate to the County
Probation Officer the authority the Court now has to set the fees
for probationers to pay for various probation services . SB 450
passed the Senate by a vote of 37 : 0, but died in the Assembly
Public Safety Committee. Senator Boatwright has reintroduced the
bill this year.
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 ATTACHMENT: -X_YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): &a4la"ea
ACTION OF BOARD ON March 9, 1993 APPROVED AS RECOMMENDED OTHER
pERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
VOTE
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.
MAR 9 19093
ATTESTED
Contact: PHIL BATCHELOR.CLERK OF THE BOARD OF
CC: SUPERVISORS AND COUNTY ADMINISTRATOR
See Page 2 .
BY >4 ,DEPUTY
-2-
SB 177 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 preplea and presentence
investigations which do not result in a defendant being granted
probation should also generate some additional revenue.
Since the Board has previously sponsored similar legislation and
since the County Probation Officer has asked the Board to again
support this legislation, this office recommends that the Board of
Supervisors go on record in support of SB 177 (Boatwright) .
cc: County Administrator
Superior Court Administrator
Gerald S. Buck, County Probation Officer
George Roemer, Senior Deputy County Administrator
Les Spahnn, Heim, Noack & Spahnn
1 -24
Probation DepartmentContra Gerald S.Buck
County Probation Officer
Administrative Offices Costa
50 Douglas Drive,Suite 201 County
Martinez,California 94553-8500
(510)313-4180
(510)313-4191 FAX se i
To: Claude Van Marter � :4°4 Date. 1./5/93
Assistant County Administrato
r�cauc+T'
Legislation -
From: Gerald S. Buck Subject: Probation Fees
Co4ty Probation Officer Reference SB 450
1!f1 2/21/91 (Boatwright)
In 1991, Contra Costa County co-sponsored SB 450 with the Chief
Probation Officers of California. The bill was opposed in the
Public Safety Committee by Assemblyman Burton and it died there
and in Senate Judiciary Committee where Senator Lockyer voice
opposition.
Different legislators are involved in 1993 and the Chief' s wish
to again pursue the concept of permitting administratively
directed fees to offset Probation costs. Senator Boatwright is
again willing to author a bill.
I 'm .recommending that Contra Costa County again co-sponsor this
legislation and I am prepared to lobby its passage. I 've
attached background materials related to SB 450.
Please seek a conceptual support position from the Board of
Supervisors pending introduction of a bill by Senator Boatwright.
Thank you.
GSB:vcl juntra Vosta Louut,,
sb450.doc RECEIVED
C: Alan Clarke, CPOC JAN 6 1993
Office of
County Administrator
SENATE BILL No. 177
Introduced by Senator Boatwright
February 3, 1993
An act to amend Section 1203.1b of the Penal Code, relating
to probation.
LEGISLATIVE COUNSEL'S DIGEST
SB 177, as introduced, .Boatwright. Probation.
Existing law, in any case in which the defendant is
convicted of an offense and granted probation, authorizes the
court to make a determination of the ability of the defendant
to pay all or a portion of the reasonable cost of probation and
of conducting the presentence investigation and preparing
the presentence report, as specified.
This bill would extend this provision to apply to any case in
which the defendant is convicted of an offense and is the
subject of a preplea or presentence investigation and report,
whether or not probation supervision is ordered by the court.
This bill would extend this provision to apply to the
reasonable cost df conducting the preplea investigation and
preparing the preplea report as specified.
provisions, requires the court to
Existing law, under these .
order the defendant to appear before a county officer
designated by the court to make an inquiry into the ability of
the defendant to pay. Existing law gives the defendant the
right to a hearing regarding the defendant's ability to pay, as
specified. Existing law, upon .a finding that the defendant has
the ability to pay all or a portion of the costs, authorizes the
court to set the amount to be reimbursed and order the
defendant to pay that sum to the county, as specified, or
authorizes the court to order, . with the consent of the
defendant, the probation officer to set the amount of
payment, not to exceed the maximum amount set by the '
court, and the manner in which the payment shall be made
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SB 177 — 2 —
to the county.
This bill, instead, would authorize the probation officer or
his or her authorized representative, with the .consent of the
defendant, to make a determination of the ability of the
defendant to pay all or a portion of these costs and set the
amount of payment and the manner in which the payments
shall be made to the county.. This bill would entitle the
defendant, upon the defendant's request, to a hearing, as
specified, to appeal the amount of payment and the manner
in which the payments shall be made to the county as set by
the probation officer or his or her authorized representative.
Existing law defines "ability to pay" for the purposes of the.
above provisions as the reasonably discernible future financial
position, except the court shall in no event consider a period
of more than 6 months from the date of the hearing for the
purpose of determining reasonably discernible future
financial position.
This bill would delete the latter condition with regard to
determining reasonably discernible future financial position.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The,people of the State of California do enact as follows.
1 SECTION 1. Section 1203.1b of the Penal Code is
2 amended to read:
3 1203.1b. (a) In any case in which a defendant is
4 convicted of an offense and is the subject of a preplea or
5 presentence investigation and report, whether or not
6 probation supervision is ordered by the court, and in any
7 case in which a defendantis granted probation, the eek
8 probation officer or his or her authorized representative,
9 taking into account any amount which the defendant is
10 ordered to pay in fines, assessments, and restitution, shall .
11 make a determination of the ability of the defendant to
12 pay all or a portion of the reasonable cost of probation
13 supervision; and of conducting the preplea or
14 presentence investigation and preparing the preplea
15 report pursuant to Section 131.3 of the Code of Civil
16 Procedure or the presentence report metEle pursuant to
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SB 177
{ 1 Section 1203. The reasonable cost of these services and of
( 2 probation supervision shall not exceed the amount
3 determined to be the actual-average cost.thereof. The
j 4 eeut 44 ager the defend& to appear bef9re a eeenty
5 e€fieeri designat-_ by the eettiat to make an rry into
6 the ability of the Elefenda te pay a4 er a per-tion e€seeh
7 eests. At a probation officer, or his or her authorized
8 representative, with the consent of the defendant, shall
9 set the amount of payment and the manner in which the
r'. . 10 payments shall be made to the county, based upon the
11 defendants ability.to pay.
12 (b) At the defendants request, the defendant shall be
13 entitled to a hearing to appeal the amount of payment
14 and the manner in which, the payments shall be made to
° 15 the county as set by the probation officer or`his or her.
16 authorized representative pursuant to subdivision (af.
17 The following shall apply to a hearing conducted
18 pursuant to this subdivision:
j 19 (1) At the hearing, the defendant shall be entitled to
h
>; 20 have, butslall not be limited to, the opportunity to be
21 heard in . person, to present witnesses and other
22 documentary evidence, _ and to confront and
r 23 cross-examine adverse witnesses, and to disclosure of the
24 evidence against the defendant, and a written.statement
25 of the findings of the court or the eennty probation .
26 officer or his or her authorized representative. H
27 (2) At the hearing, if the court determines that the
s 28 defendant has the ability to pay all or part of the costs, the
29 court shall set do either of the following:
30 (A)' Set the amount to be reimbursed and order the
31 defendant to pay that sum to the county in the manner
32 in which the court believes reasonable and compatible
33 with the defendant's financial ability ;or wth. Execution
34 of this order may be issued in the same manner as a
35 judgment in a civil action. The order to pay all or part of .
36 the costs shall not be enforced by contempt.
37 (B) With the consent of the defendant, the court shall
38 order the probation officer to set the amount of payment,
39 which shall not exceed the maximum amount set by the
40 court, and the manner in which the payment shall be
ct
99 140
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SB 177 — 4 —
I made to the county. 1-ft
2 (3) At the hearing, in making a determination of
3 whether a defendant has the ability to pay, the court shall
4 take into account the amount of any fine imposed upon
5 the defendant and any amount the defendant has been
6 ordered to pay in restitution. The
7 (c) The court may hold additional hearings during the
8 probationary period to review the defendants financial
9 ability to pay the amount, and in the manner, as set by the
10 probation officer or his or her authorized representative
11 or as set by the court pursuant to this section.
12. (d)* If practicable, the court shall order or the
13. probation officer shall or-Eler set payments pursuant to
14 subdivisions (a) and (b) to be made on a monthly basis.
15 Erxeeutien ffkay be issued ert Ote or-Eler in . the see
j 16 sae ' ft e� aetien.. The erg � pfty
17 edl ew paw of the eests sly net beamed .
18 (e) A payment schedule for reimbursement of the
19 costs of presentence investigation based on income shall
20 be developed by the probation department of each
21 county and approved by the presiding judges of the
22municipal and superior courts.
23 +b�
24 (f) The term "ability to pay" means the overall
25 capability of the defendant to reimburse the costs, or a
26 portion of the costs, of conducting the presentence. -�
27 investigation, preparing the preplea or presentence
28 report, and probation supervision, and shall include, but
29 shall not be limited to, the defendant's:
30 ,(1) Present financial position.
31 (2) Reasonably discernible future financial position.
32 Ift fre evert&heA the eetirt eeesider ft peried e€mere Owft
33 si* fnenths fretn the tie e€ the hearring fey pur-peses e€ v )
34 deterfnim4ftg reasenablyseernible rr�dture finaneial
35 pesitien.
36 (3) Likelihood that the defendant shall be able to
37 obtain employment within the six-month period from the
38 date of the hearing.
39 (4) Any other factor or factors which may bear upon
40 the defendant's financial capability to reimburse the
99 160
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1 county for the costs.
S 2
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3 (g) At anytime during the peadeney of the judgment
i� 4 render-ed aeeerding to the terms of this seetier; term of
5 probation a defendant age whem a judgmefft has
6 beeft rendered may petition the probation officer for a
7 review of the defendants financial ability to pay or the
rIqIO\1 8 rendering court to modify or vacate its previous
9 judgment on the grounds of a change of circumstances
10 with regard to- the defendant's ability to pay the
' 11 judgment. The probation officer and the court shall
12 advise the defendant of this right at the.time of rendering
13 of the terms of probation or the judgment.
E; 14 .
15 (h) All sums paid by a defendant pursuant to this
16 section shall be allocated for the operating expenses of
17 the county probation department.
18. fie} -The ts 4 this
19 (i) This section shall be operative in a county upon the
20 adoption of an ordinance to that effect by the board of
21 supervisors.
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