Loading...
HomeMy WebLinkAboutMINUTES - 03221994 - 1.105 TO: BOARD OF SUPERVISORS /, /0 fi ` Contra ,..FRAM:. .. Costa PHIL BATCHELOR, County Administrator '•s °ATE: County March 22, 1994 SUBJECT: ORDINANCE TO INCREASE THE CRIMINAL JUSTICE ADMINISTRATIVE (BOOKING) FEE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: 1. ACCEPT report from the County Administrator summarizing actions taken by the Board at the March 15, 1994 hearing on the proposed increase to the criminal justice administrative (booking) fee. 2. ADOPT findings (Attachment 1) on the County Administrator's report of March 4, 1994 and on written objections submitted by the Town of Danville and the Contra Costa County Police Chiefs' Association at the public hearing on March 15, 1994. 3. ADOPT ordinance increasing the criminal justice administrative (booking) fee from $127.00 to $137.00. FINANCIAL IMPACT: It is anticipated that as a result of the amended ordinance, including a revised fee amount, booking fee revenues may increase slightly over the current budgeted level. BACKGROUND: On January 22, 1991, the Board adopted an ordinance establishing a criminal justice administrative (booking) fee as authorized by Chapter 29550 of the Government Code. Government Code Section 29550 was amended effective January 1, 1994 by Statutes of 1993, Chapter 882 (AB 2286-Pringle). The Pringle Bill redefines costs recoverable through a booking fee and describes the types of bookings for which costs may be charged. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOAPD OMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON March 22 , 1994 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE XUNANIMOUS(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 March 22 , 1994 Contact: Julie Enea (510) 646-4855 PHIL BATCHELOR,CLERK OF THE BOARD OF County Administrator SUPERVI RS AND COUNADMINISTRATOR County Counsel Sheriff-Coroner M382 (,oAyditor-Controller BY d DEPUTY Office of Revenue Collection - 2 - BACKGROUND (continued...) A new ordinance was introduced at a public hearing on March 15, 1994 reflecting the new, recalculated booking fee. Written and oral testimony on the proposed fee increase was received at the hearing, and proposed findings on written objections are attached hereto. At the close of the hearing, The Board directed the County Administrator to meet with representatives of concerned arresting agencies to review the fee calculation and discuss concerns about the proposed fee increase. The Board also adopted revisions to the booking fee regulations which set forth the procedures by which fees will be charged and collected in Contra Costa County. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 22, 1994 by the following vote: AYES: Supervisors Smith, Bishop, McPeak, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None SUBJECT: Implementation of the ) Criminal Justice ) FINDINGS Administrative (booking) Cost Recovery Provi- sions of Government ) Code Section 29550 ) The Contra Costa County Board of Supervisors having on March 15, 1994 held a public hearing on implementation of the criminal justice administrative (booking) fees, as provided in Board of Supervisors ' Resolution NO. 90/822 as amended by Board of Supervisors ' Resolution NO. 91/32, the Board of Supervisors hereby makes the following findings and determinations . A. CRIMINAL JUSTICE ADMINISTRATIVE COST RECOVERY 1 . On March 4, 1994, the County Administrator filed with the Clerk of the Board of Supervisors a report of the Administrative costs, including the applicable overhead costs permitted by federal circular A-87 Standards, of booking or other processing of a person brought to a Contra Costa County jail for booking or detention. 2 . On March 15, 1994, the Board of Supervisors held a public hearing on the County Administrator' s report, notice of which was given as required by law and by Board of Supervisor' s Resolution NO. 90/822 as amended by Resolution NO. 91\32 . 3 . The report of the County Administrator filed on March 4, 1994 is hereby adopted and the Board finds that $137 . 00 does not exceed actual cost to Contra Costa County of booking or otherwise processing of a person brought to a Contra Costa County jail for booking or detention. B. FINDINGS 1 . The amounts expressed in the County Administrator's report of March 4, 1994 are correct. 2 . Notice as required by law was given of the public hearing of March 15, 1994 on the County Administrator' s report. 3 . The objection that the increased fee would be retroactive to January 1, 1994 is overruled. The increased fee will not be effective until the effective date of the ordinance adopting the increase to the fee amount. 4 . The objection that the County will make a double recovery of booking fees because the County is authorized to recover booking costs from convicted individuals is overruled. Government Code section 29550 (c) permits the County to recover its booking costs from convicted individuals who were booked by County deputy sheriffs . Costs for such bookings are not charged to cities, and when the County is able to recover its costs from the convicted person, the County does not make a double recovery. Cities also are authorized to recover booking fees from convicted persons who were booked by city police officers. Government Code section 29550. 1 requires the judgment of conviction to contain an order for payment of the fee to the arresting agency. The Municipal Court Judicial Planning Board established a procedure for initiating recovery of booking fees from convicted persons by the arresting cities . (Memorandum of February 28, 1994 from the Acting Municipal Court Administrator to Chiefs of Police, attached hereto as Exhibit A. ) 5 . The objection that the proposed fee improperly includes certain indirect costs and computer upgrade costs is overruled. Government Code section 29550 (a) permits the recovery of actual administrative costs, including applicable overhead costs permitted by Federal Circular A-87 . The indirect costs included in the proposed fee are applicable overhead costs permitted by Federal Circular A-87 . Government Code section 29550 (d) (8) permits the recovery of direct costs of automated services used in booking or other processing of arrested persons . The direct cost of the computer upgrade program is a cost for which recovery is authorized. 6 . The grounds stated herein to support findings are not exclusive and any findings may be supported on any lawful ground, whether or not expressed herein. 7 . If any finding herein is held invalid, such invalidity shall not affect findings which can be given effect without the invalid provision, and to this end, the invalid finding is severable. MAM/jh MAM:\memo:\a:\booking.ord Orig Dept: County Counsel cc: County Administrator Auditor ► 1,ereby certify that this is a true and correct an action taken and entered on the minutes Board of SupQrX�ors on a date shown. ATTESTED. 'V.�) L PHIL BATIyHELOR,Clerk of the Board Supervis and Coun ministraUw v By Deputy -2- c MAR-15-1994 09:04 t-HLPI MJN1U1VHL LLL"l HLAIIN. l 01 r.lad Uw P,.U1V11iN 13 11C AJL I V� %-J E-r OF THE MUNICIPAL COURTS BAY•DELTA-MT.DIABLO-WALNUT CREEK-DANVILLE P.O.Box 40% WaLnut Creek,California 94596-OW (510)646-6007 Fu Number(510)646-6002 TO: All Contra Costa County Chiefs of Police FROM: Roy etMT9-d-) Acti, unty Muni `pal Court Administrator SUBJECT. Judicial Planning Board Actions DATE February 28, 1994 On February 24, 1994, in its review of internal operations, the Judicial Planning Board (JPB) , which is composed of Municipal Court Judges from each judicial district, acted upon several topics which are relevant to your operations. They are as follows: Parking Citations The JPB noted that, following the recent transfer of parking violation jurisdiction, the courts have continued to receive a number of "citations" issued in conjunction with parked vehicles. The "citations" generally charged violations of Section 4000a VC and although the forms may differ from the prescribed Notice of Parking Violation, they were issued in a like manner. The JPB has instructed the Clark of the Court to return these "citations" to the issuing agency and to not accept these documents for filing in the future. (You may want to note the provisions of Sec. 40225 VC, which as currently drafted, relate to the processing of Sec. 5204a VC iviolations within the citing agency's internal parking enforcement program. ) Booking Fee Reimbursement After careful review of the provision of Sections 29550, 29550.1 and 29550.2 GC, as amended by AB 2286, the JPB has formulated a uniform procedure for initiating the recovery of booking fees by the agencies listed in Sec. 29550. 1 GC. The procedure incorporates: 1) A "Booking Fee Reimbursement Notice" which is to be completed by the arresting agency and submitted for transmittal to the court along with the criminal complaint on qualifying cases; R-94-22 EXHIBIT A Booking Fee Reimbursement, cont. 2) The entry of an order by the court directing a convicted defendant, in appropriate cases, to reimburse the arresting agency for the booking costs; 3) Notification by the court which will consist of: a) Furnishing the defendant at the time of sentencing with a copy of the "Booking Fee Reimbursement Notice" which instructs the defendant as to the manner in which payment is to be made direct to the arresting agency; and b) Transmitting a copy of the endorsed "Notice" to the arresting agency for collection purposes. (In order to initiate the procedure as quickly as possible, a master copy of Booking Fee Reimbursement Notice form will be provided to each arresting agency by the court with instructions for agency individualization and duplication of the form. ) RC:krj cc: Judicial Planning Board Presiding Judges District Court Managers Sheriff of Contra Costa County EXHIBIT A TOTPL P.03 ORDINANCE NO. 94- 24 (Criminal justice Administrative (Booking) Fees) The Contra Costa County Board of Supervisors ordains as follows: SECTION I. PURPOSE AND AUTHORITY. This ordinance amends uncodified County Ordinance 91-3 by amending Section III to increase the amount of the criminal justice administrative fee, in accordance with the provisions of Government Code section 29550 as amended by Statutes of 1993, Chapter 882, Section 1 (AB 2286), which provides for criminal justice administrative (booking) fees. SECTION II. Section III of County Ordinance 91-3 is amended, to increase the criminal justice administrative (booking)fee from one hundred twenty seven ($127.00) dollars to one hundred thirty seven ($137.00) dollars, to read: SECTION III. Fee Amount. The amount of the criminal justice administrative (booking) fee is one hundred thirty seven ($137.00) dollars. SECTION III. EFFECTIVE DATE. This ordinance shall become 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 Contra Costa Times, a newspaper of general circulation published in this County. PASSED ON March 22, 1994 by the following vote: AYES: Supervisors Smith, Bishop, McPeak, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and Coun Adm' istrator By: a Board Ch it [SEAL] ORDINANCE NO. 94- 24 - FAX MEMORANDUM CLERK OF THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY 651 Pine Street, Roam 106 Martinez, California 94553 Phone (415) 646-2371; FAX 646-1059 DATE:_. 3 -,2S 9 To. /wP.,5 4( `C-e- S, �s FROM: TOTAL PAGES INCLUDING THIS COVER J Comments; t 4-A") de PLEASE ADVISE IF FOR ANY REASON YOU DO NOT RECEIVE TWS ITEM COi�LETE! mco _ CD a) z v m 0 r- O tJ � x Oz Dn m 70 0 ( m CO > I z� 0 �C (n �2 \ hl CO v� �-, m y- c ZC m � (D m 0 0o C O oD �l< � z G)03 rN J((DD D V V V C-) Q �C Q' 3 n 0 c: C/) :3 CD SD CD Q � 3 t m m -1 r) rt j3 0 CD # -mI Z Z (D E i 0) O I H (t p 0 O ft s✓ O #Fl LTJ m Z �o 131 D o rt W (D N• t' -r-i m G Un O M D < ( 0 " H- m mw O I M C m rh A} 'Z3 Al 1-d r m I C D 55 D z cn' F (t s✓ C m�D y z X-5;n r z sy a N tb C7 r m N U l m s3,•� �C ti m 2Z y o MoD; o w � � m '(� my �m m cn �Zn � rt s; � rt y cnm � wwON C') lD TJ (D N y -0 C/) m O z w t rhlll O Iz C� r+ 0 M n C W w<v c c- { pi O'� (D O ii- 00K 70 O v z m < w0y� m (fit rt � j C', m� I O 050 m CM �3 (D � a p z Z �. 0 13) (D c 3 fn 0 � �Ai N• d m m Z F- �3 (D fi rn zv N x (� ! C (D C1 "C3 � U] > - O Frtj -' z ON 121 Irt 1O rpt m `� O Q N N• z 0 r D fCL rt �o N D m H. m ' f O O A tzi zpI 1 la cn Cr O � i� N io 3Z =O i j• h'• (A hj z vI ! 3p O ( rt O (D ip II A D 5 D m 2 C m d1 s x vm Doo O - m Mr r' H- (D 0 z z IN i n � C/) f) m t n i m ;Q N €t c o_ c p D m m O D ! x © j 06 mn m m z t (!� DO m p m -U m n m € D f Cm m D p F- O z r n g z 0 Z F✓ I � I I � y � � o � v ro M 2 -<m i i F- <_ � D fJ O F X mH O m m } C) ' D� � O t-' m X E C m iN 3 1 rh Al W iD (t� my 1�.� j O I rn �' �' �] � Ol ii}ice' � £ ��S i ✓� � }' ,-� fI1A+ , � 3}{ V N (J I s Cf) i 131 �J1� N cn iN i s �$ T. < r7 m F to O 00 £ ( zEi �L110 0v ;(D mz c 1 ic W F i !j t ORDINANCE NO. 94- 24 (Criminal justice Administrative (Booking) Fees) The Contra Costa County Board of Supervisors ordains as follows: SECTION I. PURPOSE AND AUTHORITY. This ordinance amends uncodified County Ordinance 91-3 by amending Section III to increase the amount of the criminal justice administrative fee, in accordance with the provisions of Government Code section 29550 as amended by Statutes of 1993, Chapter 882, Section 1 (AB 2286), which provides for criminal justice administrative (booking) fees. SECTION II. Section III of County Ordinance 91-3 is amended, to increase the criminal justice administrative (booking)fee from one hundred twenty seven ($127.00)dollars to one hundred thirty seven ($137.00) dollars, to read: SECTION III. Fee Amount. The amount of the criminal justice administrative (booking) fee is one hundred thirty seven ($137.00) dollars. SECTION III. EFFECTIVE DATE. This ordinance shall become 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 Contra Costa Times, a newspaper of general circulation published in this County. PASSED ON March 22, 1994 by the following vote: AYES: Supervisors Smith, Bishop, McPeak, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and ; ' County Admin' trator r Thom s M. Powers By: ° Aran Cerve l l i , Deputy Board Chair \O,I�D� N4-_.4