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Home My WebLink AboutMINUTES - 06211994 - H.2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on JUNE 21, 1994 , by the following vote: AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None SUBJECT: Increase in Drug Diversion and Restitution Fees WHEREAS, Assembly Bill 1165, Statutes of 1993, increases the maximum amount for drug diversion fee to the actual costs for processing a defendant on drug diversion and the actual cost of criminalistic laboratory analysis not to exceed $500; and WHEREAS, Penal Code Section 1203 . 1 establishes that the Board of Supervisors in any county may add .a fee to cover the actual administrative costs of collecting restitution, not to exceed ten percent ( 10% ) of the total amount of restitution ordered to be paid, NOW, THEREFORE, IT IS BY THE BOARD RESOLVED that the following fees are to be increased as follows : a. Effective July 1, 1994 , a fee of $235 shall be charged for the administrative and laboratory analysis costs incurred in processing a drug diversion case. b. Effective July 1 , 1994, a fee of up to 10% of the amount of restitution ordered shall be charged to those defendants ordered to pay restitution through the courts . Contact : Judy Lytle, Municipal Court Fiscal/Administrative Manager - ( 510) 646-6007 Sheri Jelich, Management Analyst cc: Municipal Court Administration Office of Revenue Collection Probation Department County Administrator JAL-4-50 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Sups ors on the•date shown. ATTESTED: 19 9`f- PHIL BA CHELOR,Clerk of the Board of Supervisors and County Administrator By 0 0, ,Deputy NOTICE NOTICE IS HEREBY GIVEN that on June 21, 1994 at 11 : 00 a.m. in the Board of Supervisors ' chambers at 651 Pine Street, 1st Floor, Martinez; CA a public hearing will be held to increase court imposed drug diversion fee $100-150 to $235, and to increase the restitution fee from 2% to 10% of the amount of restitution ordered. A copy of the fee increase proposal is on file in the Clerk of the Board of Supervisors ' Office at 651 Pine Street, 1st Floor, Martinez, CA. Administrative Office of the Municipal Courts Nancy Rampani, Interim County Municipal Court Administrator JAL-4-48 TO: ., , HOARD OF S*RVISORS • °�� FROM: Nancy Rampani, Interim County Contra Municipal Court Administrator Costa DATE. May 20, 1994 COUrIt)/ SUBJECT: Public Hearing SPECIFIC REQUEST(S) OR RECOMMENDATION(S) Ac BACKGROUND AND JUSTIFICATION RECOMMENDATION: Fix June 21, 1994 at 11 : 00 a.m. for a public hearing on proposed increase in the Drug Diversion Fee, as prescribed by law, for the actual costs of processing a request or application for diversion; and the actual cost of criminalistics laboratory analysis; and an increase in the Restitution Fee to cover the actual administrative cost of collecting victim restitution. FINANCIAL IMPACT: Revenue will be increased for the Courts and the Sheriff 's Criminalistics Laboratory. Revenue offsets cost of Diversion Program and the cost of processing restitution payments made to the Courts . REASON FOR RECOMMENDATION/BACKGROUND: Assembly Bill 1165, Statutes of 1993, increases the maximum amounts that can be charged for the drug diversion administrative fee. This bill authorizes a fee to be established to cover the actual cost of supervising the divertee and the actual costs of any criminalistics laboratory analysis, not to exceed $500 . A drug diversion fee of $235 will cover the administrative and criminalistics laboratory analysis costs .. Penal Code Section 1203 . 1 provides that the Board of Supervisors may add a fee to cover the actual administrative cost of collecting restitution but not to exceed ten percent ( 10%) of the total amount order to be paid. The actual costs of collecting and distributing restitution has been determined to exceed ten percent ( 10%) . CONSEQUENCES OF NEGATIVE ACTION: The revenues assessed to offset the actual cost of administering the Drug Diversion Program and the cost of collecting restitution for victims will not be realized. JAL-4-49 It CONTINUED ON ATTACHMENT, YES SIGNATURE, qaltx� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON �1 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS X UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS N THE DATE SHOWN. CC: ATTESTED _ PER Batchelor, Clerk a the 1302r o Su�arvisors and County Admircistrator M39217-89 BY _ DEPUTY .► .� ter._._ ... ....._ rs+ t BOARD OF SUPERVISORS , CONTRA COSTA COUNTY , CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Notice of Hearing to 'increase court imposed drug diversion fee I declare under penalty of perjury that I am now, and at all times hertin mentioned have been, a citizen of the United States , over age 18; and that today I deposited in the United States Postal Service in Martinez , California , postage fully prepaid , a certified COPY Of Notice of Hearing to increase court imposed drug diversion fee to be held on June 21, 1994 at 11 :00 a.m. to the following : DAVID LENNON THE HOFMANN COMPANY PO BOX 907 CONCORD CA 94522 HUILDING'I IAID�TSTItY ASSOCIATION PO BOX 5160 SAN RAMON CA 94583 D]EMS J RAZZARI DAVIDON HOMES 1600 SWtH MAIN ST 1150 WAU][TT MEEK CA 94596 Albert D. Seeno Construction Co. Attn: Jeanne C. Pavao Corporate Counsel P. 0. Box 4113 Concord, "CA 94524-4113 I declare wider penalty of perjury that the foregoing Is true and correlct,,t f Dated June 6,'11994 at Martinez, California. epu y T I e a4 3 f w ' NOTICE NOTICE IS HEREBY GIVEN that on June 21, 1994 at 11: 00 a.m. in the Board of Supervisors ' chambers at 651 Pine Street, 1st Floor, Martinez, CA a public hearing will be held to increase court imposed drug diversion fee $100-150 to $235, and to increase the restitution fee from 2% to 10% of the amount of restitution ordered. A copy of the fee increase proposal is on file in the Clerk of the Board of Supervisors ' Office at 651 Pine Street, 1st Floor, Martinez, CA. Administrative Office of the Municipal Courts Nancy Rampani, Interim County Municipal Court Administrator JAL-4-48 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Contra Costa I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years,anis not a party to or interested in the above-entitled matter. I am the Principal Legal Clerk of the Contra Costa Times,a newspaper of general circulation, printed and published at 2640 Shadelands Drive in the City of Walnut Creek, County of Contra Costa, 94598. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa,State of California, under the date of October 22, 1934. Case Number 19764. The notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to-wit: D ............................... �..1.......................................... all in the year of 19.7 1 certify(or declare)under penalty of perjury that the foregoing is true and correct. Executed/at Walnut Creek, California,.(�' On this 10 day of. .. . . 19.(..� :......��.Pl................. ..e......:.��(a% ..................... Signature Lesher Communications, Inc. Contra Costa Times P.O. Box 4147 Walnut Creek, CA 94596 (510)935-2525 Proof of Publication of: (attached is a copy of the legal advertisement that published) NOTICE NOTICE IS HEREBY GIVEN that on June 21, 1994 at 11:00 a.m. in the Board of Supervisors'cham- bers at 651 Pine Street,1st Floor, Martinez,CA a public hearing will De held to increase court imposed drug diversion fee from$100-150 to$235,and to increase the resti- tution fee from 2%to 10%of the amount of restitution ordered. A copy of the fee increase proposal is on file in the Clerk of the Board of Supervisors'Office at 651 Pine Street,1st Floor,Martinez,CA. Administrative Office of the Municipal Courts Nancy Rampani, Interim County Municipal Court Administrator JAL-4-48 Legal CCT 4135 Publish June 10, 1994