HomeMy WebLinkAboutMINUTES - 02071995 - 1.26 TO: BOARD OF SUPERVISORS S L Contra
���,.... ••.oma.
Phil Batchelor, County Administrator ��►` Costa
FROM:
cis.. -•:�
County
January 30, 1995
DATE: s' cGUN
LEGISLATION: SB 133 (Boatwright) - CLARIFICATION OF ALLOCATION TO
SUBJECT: BE MADE OF DIVERSION FEES FROM DEFENDANTS CONVICTED OF SPECIFIED
DRUG OFFENSES BETWEEN THE CRIMINALISTICS LAB AND THE COURTS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1 . ACKNOWLEDGE that the Board of Supervisors is the SPONSOR of SB
133 by Senator Daniel Boatwright, which would repeal outdated
language regarding how the diversion fee from defendants found
guilty of specified drug offenses is to be split between the
crime lab and the courts .
2 . APPROVE an amendment to SB 134 which will guarantee that none
of the funds will be diverted to the General Fund of the
County for any other purpose, but will be used only to fund
the Criminalistics Laboratory or the courts .
BACKGROUND:
l
Existing law requires a judge to require a defendant accused of a
felony or misdemeanor pursuant to violations of the California
Uniform Controlled Substances Act to pay an administrative fee as
part of an enrollment fee in a diversion program to cover the
actual cost of any criminalistics laboratory analysis, the actual
cost of processing a request or application for diversion, and the
actual cost of supervising the divertee.
It appears to be the clear intent of the Legislature to allow the
Sheriff ' s Criminalistics Laboratory to recover its actual costs of
analysis as well as to allow the court to recover its actual costs
for administering the program. The court is entitled to charge the
actual cost for these programs, not to exceed $500 in the case of
a felony or $300 in the case of a misdemeanor.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
41—APPROVE OTHER
SIGNATURE(S): 6QU& Y ��
ACTION OF BGARD ON February 7' 1995 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
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.
FED ® 7 199%
ATTESTED
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: See Page 2 SUPERVISORS AND COUNTY ADMINISTRATOR
BY ` Ri 4 ���.4 DEPUTY
-2-
However, left in the sections when they were amended last year is
language which provided that, of the fee collected, '/a is to go to
the Crime Lab and Ya is to go to cover the administrative costs of
processing the request or application for diversion. This language
appears to be contrary and actually to conflict with the earlier
and more recent language which talks about "actual costs" . We are
simply seeking to repeal the language which require the '/a - ?/a
distribution so that we can split the fee according to what the
actual respective costs of the Crime Lab and the courts are.
In the case of Contra Costa County, we have determined that our
actual cost under these sections is $235 . Of this amount, 47%
(rather than 1/a) is the Crime Lab' s costs of analysis and 53% rather
than T13) is the court' s costs of administration and processing the
requests .
We are simply seeking to repeal the language which require the '/a -
2/s distribution so that we can split the fee according to what the
actual respective costs of the Crime Lab and the courts are. In
order to literally reimburse the Crime Lab '/a of the fee and to
allow the Crime Lab to recover its actual costs, we would have to
set the fee substantially higher than it is (about $331) . However,
we would then be collecting more revenue than we are entitled to
collect, since the Ys which the courts would collect would be in
excess of their actual costs .
Our current practice is to set our fee at a level which allows us
to' collect the actual costs of the Crime Lab and the courts and to
split the fee so as to allow each agency to recover its actual
costs - without regard to the '/a - Ys split. The attached amendments
will ratify our current practices .
We have also been asked to accept amendments which will guarantee
that all of the revenue from the fee will actually go to the courts
or the Criminalistics Laboratory, rather than to the General Fund.
Since that is clearly the intent of the Legislature and the section
as drafted, we see no difficulty with accepting such an amendment
and will authorize its inclusion.
In view of the fact that the Board of Supervisors included this
provision in its 1995 Legislative Program, it appears to be
appropriate to indicate that the Board of Supervisors is the
sponsor of SB 134 .
cc: County Administrator
Kenneth J. Corcoran, Auditor-Controller
Warren E . Rupf, Sheriff-Coroner
Kathryn Holmes, Chief, Criminalistics Laboratory
Nancy Rampani, Interim Municipal Court Administrator
George Roemer, Senior Deputy County Administrator
Les Spahnn, Heim, Noack, Kelly & Spahnn
Bank of California Center
770 L Street, Suite 960
Sacramento, CA 95814
-a4
P&za- 3
SENATE BILL No. 133
Introduced by Senator Boatwright
January 23, 1995
An act to amend Sections 1001.15 and 1.001.16 of the Penal
Code, relating to diversion fees.
LEGISLATIVE COUNSEL'S DIGEST
SB 133, as introduced, Boatwright. Diversion-1 . fees:
apportionment.
Existing law requires a judge to require .a_ .defendant
accused of a felony or a misdemeanor pursuant to violations
of the California Uniform Controlled Substances Act to pay an
administrative fee as part of an enrollment fee in a diversion
program to cover the cost of any criminalistics laboratory
analysis,'the actual cost of processing a request or application
for diversion, and the actual cost of supervising the. divertee.
One-third of the fee collected is required to be deposited in
the criminalistics laboratory fund in the county treasury and
the remaining 2/3 is required to be used to cover the
administrative cost of processing the request or application
and the cost of supervising the divertee.
This bill would repeal this apportionment formula.
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 1001.15 of the Penal .Code is
2 amended to read:
99
SB 133 — 2 -
1 1001.15. (a) In addition to the fees authorized or
2 required by other provisions of law, a judge may require
3 the payment of an administrative fee, as part of an
4 enrollment fee in a diversion program, by a defendant
5 accused of a felony to cover' the actual cost of any
. 6 criminalistics laboratory analysis, the actual cost of
7 processing a request or application for diversion, and the
8 actual cost of supervising the divertee pursuant to
9 Chapter 2.5 (commencing with Section 1000) , not to
10 exceed five hundred dollars ($500) . The fee shall be
11 payable at the time of enrollment in the diversion
12 program. The court shall take into consideration the
13 defendant's ability to pay, and no defendant shall be
14 denied diversion because of his or her inability to pay.
15 8ee�� of the fee eelleete–d-shetil be the
16er-iffiinalisties laberaterries fetid in the eek
17 ftft4 #we/mss of#we fee eelleeted s be eyed to eave-f
18 the adffifttistr-ative ee4 of tg the reed e-
19 appheati aftd the aetttetl eest of ftg the
20 diver-tee. Pre Vie' Elepesited i-n theer-iffiiiialisties
21 laberrette ftind sheA be expend as prreyided i-ft
22 Seetieft 11372.5 e€the Health aftd Safety.
23 (b) - As used in this section, "criminalistics laboratory"
24 means a laboratory operated by, or under contract with
25 a city, county, or other public agency, including a
26 criminalistics laboratory of the Department of Justice,
27 which has not less than one regularly employed forensic
28 scientist engaged in the analysis of solid dose material and
? 29 body fluids for controlled substances, and which is
30 registered as an analytical laboratory with the Drug
31 Enforcement Administration of the United States
32 Department of Justice for the processing of all scheduled
33 controlled substances.
34 (c) In addition to the fees authorized or required by
35 other provisions of law, a judge may require the payment
36 of an administrative fee, as part of an enrollment fee in
37 a diversion program, by a defendant accused of an act
38 charged as,, or reduced to, a misdemeanor to-cover the
39 actual cost of processing a request or application for
40 diversion pursuant to Chapter 2.6 (commencing with
99
SB 133 — 2 —
.1 1001.15. (a) In addition to the fees authorized. or
2 required by other provisions of law,
a judge may require
3 the payment of an administrative fee, as part of an
4 enrollment fee in a diversion program, by a defendant
5 accused of a felony to cover the actual cost of any
16 criminalistics laboratory analysis, the actual cost of
7, processing a request or application for diversion, and the
8 actual cost of supervising the divertee pursuant to
9 Chapter 2.5 (commencing with -Section 1000) , not to
10 exceed five hundred dollars ($500) . The fee shall be
11 payable at the time of enrollment in the diversion
12 program. The court shall take into consideration the
13 defendant's ability to pay, and no defendant shall be
14 denied diversion because of his or her inability to pay.
15 Onelthir-d of the fee eelleeted shed! be depesited ift the
16 eriffiiiia 4isties laberate fttiid itt the eeunty ty-easury,
-4--/4-3,z-A-
17 aftdL_VV_1U1 F.A.AAA ..Oof the fee eelleeted shf& be used to eeyer
18 the A.E.1ministrative eeA eUpr-eeessifig the request ep
19 appheati a-ad' the aetttal east of
& fit the
ivertee
20 d . The pertiett depesited in t-heerriffiftaalisties
21 laberate fund s4A be expended as pr-evided ift
22 Seetieti 11,372.6 of the HeaM aftd Safety Gede.
23 (b)• As used in this section, "criminalistics laboratory"
24 means a laboratory operated by, or under contract with
25 a city, county, or 'other public agency, including a
26 criminalistics laboratoryof the Department of justice,
.27 which has not less than one regularly employed forensic
28 scientist engaged in the analysis of solid dose material and
29 body fluids - for controlled substances, and which is
30 registered as an analytical laboratory with the Drug
31 Enforcement Administration of the United States
32 Department of Justice for the processing of all scheduled
33 controlled substances.
34 (c) In addition to the fees authorized or required by
35 other provisions of law, a judge may require the payment
. 36 of an administrative fee, as part of an enrollment fee in
37 a diversion program, by a defendant accused of an act
38 charged as, or reduced to, a misdemeanor to cover the
39 actual cost of processing a request or application for
40 diversion pursuant to Chapter 2.6 (commencing. with
99
SENATE BILL No. 133
Introduced by Senator Boatwright
January 23, 1995
An act to amend Sections 1001.15 and 1001.16 of the Penal
Code, relating to diversion fees.
LEGISLATIVE COUNSEL'S DIGEST
SB 133, as introduced, Boatwright. .Diversion. fees:
apportionment.
Existing law requires a judge to require a.' .defendant
accused of a felony or a'misdemeanor pursuant to violations
of the California Uniform Controlled Substances Act to pay an
administrative fee as part of an enrollment.fee in a diversion
program to cover the cost of any .criminalistics laboratory
analysis, the actual cost of processing a request or application
for diversion, and the actual cost of supervising the. divertee.
One-third of the fee collected is required to be deposited in
the criminalistics laboratory fund in the county treasury and
the remaining 2/3 isrequired to be used to cover the
administrative cost of processing the request or application
and the cost of supervising the divertee.
This bill would repeal this apportionment.formula.
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 I. Section 1001.15 of the Penal Code is
2 amended to read:
99
- 3 — SB 133
or 1 Section 1000.6) , the actual costs of reporting to the court
,fire 2 on a defendant's eligibility and suitability for diversion,
an 3 the actual cost of supervising the divertee, and for the
ant 4 actual costs of performing any duties required pursuant
any 5 to Section 1000.9, not to exceed three hundred dollars
of 6 ($300) . The fee shall be payable at the time of enrollment
the 7 in the diversion program. The fee shall be determined on
to 8 a sliding scale according to the defendant's ability to pay,
t to 9 and no defendant shall be denied diversion because of his
be 10 or her inability to pay.
Sion 11 SEC. 2. Section 1001.16 of the Penal Code is amended
the 12 to read:
be 13 1001.16. (a) In addition to the fees authorized or
?ay. 14 required by other provisions of law, a judge may require
the 15 the payment of an administrative fee, as part of an
af 13p", 16 enrollment fee in a diversion program, by -a defendant
wer 17 accused of a misdemeanor to cover the actual cost of any
6T- 18 criminalistics laboratory analysis in a case involving a
the 19 violation of the California Uniform Controlled Substances
Aies -.1 1 20 Act under Division 10 (commencing with Section 11000)
I in 21 of the Health and Safety Code, the actual cost of
22 processing a request or application for diversion, and the
pry" 23 actual cost of supervising the divertee, not to exceed
vvith 24 three hundred dollars ($300) . The fee shall be payable at
Lg a 25 the time of enrollment in the diversion program. The
Lice, 26 c'ourt shall take into consideration the defendant's ability
-nsic
27 to pay, and no defendant shall be denied diversion
and 28 because of his or her inability to pay.
h is 29 One third =4 kvl=-- fee te-a-411weeted Rhffll be deposited i-ft the
)rug 30 er-i.biro alisties laboratefatid ift the eettttty tfeasttf�,,
tates 31 a-ftd twelthit:ds of the fee ealleeted shaft be ttsed t-e eeye-f
uled 32 the adffi4tisty-fttive ee4 ef -e-essing, the e1iiest, eT-
33 appheat ffffd s-�cy. Vxoxftg t4e diver-tee, The per-tieii
d by 34 depesit i-ft the er-iffiitiahsties letber-ftte fetid shffR be
nent 35 expend as pr-evided ift Seetiett 11G72.5 ef the Health
-le in 36 erftd Safety Gede.
i act 37 (b) As used in this section, "criminalistics laboratory"
r the 38 means a laboratory operated by, or under contract with,
i for 39 a city, county, or other public agency, including a
with 40 criminalistics laboratory of the Department of Justice,
99 99
SB 133 — 4 -
1 which has not less than one regularly employed forensic
2 scientist engaged.in the analysis of solid dose material and
3 body fluids for controlled substances and which is
4 registered as an analytical laboratory with the Drug
5 Enforcement Administration - of the United States
6 Department of Justicefor the processing of all scheduled
7 controlled substances.:
8 (c) This section shall apply to all misdemeanor pretrial
9 diversion programs established pursuant to this title.
O
99
P ..�
SB 133 — 4 -
1 which has not less than one regularly employed forensic
2 scientist engaged,in the analysis of solid dose material and
3 body fluids for controlled substances and which is
4 registered as an analytical laboratory with the Drug
5 Enforcement Administration of the United States
6 Department of Justice for the processing of all scheduled
7 controlled substances.
8 (c) This section shall apply to all misdemeanor pretrial
9 diversion programs established pursuant to this title.
O
99
E
— 3 — SB 133
or 1 Section 1000.6) , the actual costs of reporting to the court
ire 2 on a defendant's eligibility and suitability for diversion,
an 3 the actual cost of supervising the divertee, and, for the
int 4 actual costs of performing any duties required pursuant
.ny 5 to Section 1000.9, not to exceed three hundred dollars
of 6 ($300) . The fee shall be payable at the time of enrollment
:he 7 in the diversion program. The fee shall be determined on
to 8 a sliding scale according to the defendant's ability to pay,
to 9 and no defendant shall be denied diversion because of his
be 10 or her inability to pay.
ion 11 SEC. 2. Section 1001.16 of the Penal Code is amended
the 12 to read:
be 13 1001.16. (a) In addition to the fees authorized or
,ay. 14 required by other provisions of law, a judge may require
�he 15 the payment of an' administrative fee, as part of an
f-y.; 16 enrollment fee in a diversion program, by _a defendant
Vlef 17 accused of a misdemeanor to cover the actual cost of any
ey 18 criminalistics laboratory analysis in a case involving a
the 19 violation of the California Uniform Controlled Substances
4es 20 Act under Division 10 (commencing with Section 11000)
21 of the Health and Safety Code, the actual cost of
22 processing a request'ior application for diversion, and the
ry„ 23 actual cost of supervising the divertee, not to exceed
;pith 24 three hundred dollars ($300) . The fee shall be payable at
a 25 the time of enrollment in the diversion program. The
ice, 26 court shall take into consideration the defendant's ability
asic 27 to pay, and no defendant shall be denied diversion
and 28 because of his or her inability to pay.
1 is 29 8nelt d of the fee eelleete sltaR be dep ed i-ft the
30 er-i .,.,i „l,st �,b ete fmrd in the eet my tr-eas y-
rug 31 e/this e.t.e fee eellee s be use to ee�r�
aces
sled 32 the adffiinistfatiye ee4 of preeessi the Eittest er
33 apphea ftftd sie =V 10irg tie -tee. The pef t i e
I by 34 deposited i-ft r-the en nnl st es 6ber-e t,..... fwd shy be
lent 35 e3fpend as 1 i-ft Seetien 11372.5 of the Heetit
e in 36 azrd Safety 66de.
act 37 (b) As used in this section, "criminalistics laboratory"
the 38 means a laboratory operated by, or under contract with,
for 39 a city, county, or other public agency, including a
with 40 criminalistics laboratory of the Department of Justice,
99 99