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HomeMy WebLinkAboutMINUTES - 04251995 - H2 TO: BOARD OF SUPERVISORS Contra FROM: Gerald S . Buck, County Probation Officer Costa County DATE: y-'-'i'i February 22, 1995 `°°- SUBJECT: Administrative Fee for Probation Change of Plea Reports SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION That the Board of Supervisors set the Administrative Fee for the Probation Department ' s processing of felony change of plea reports pursuant to Penal Code Section 1203 .4 at $120 . 00 . (See Attachment 1 . ) BACKGROUND At the present time the Probation Department charges an Administrative Fee of $60 . 00 to process change of plea reports . Beginning January 1, 1995, the Legislature allowed each County' s Board of Supervisors to raise the fee charged for these services to $120 . 00 . The amount involved is not substantial as, at the present time, the Probation Department processes 75 to 80 of these reports a year. However, it costs the County $122 . 36 to prepare these reports (see Attachment 2) . The Superior Court has been apprised of this request and supports the Probation Department ' s efforts to reset the fee. Therefore, it is requested that the Board of Supervisors set the Probation Department ' s Administrative Fee for the processing of felony reports pursuant to 1203 .4 P.C. at $120 . 00 . CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON April 25, 1995 APPROVED AS RECOMMENDED X OTHER The hearing was opened. No one appeared to speak and the hearing was closed. The Board approved the recommendation as set forth above. VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT Torlakson ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: Probation Department ATTESTED April 25, 1995 PHIL BATCHELOR,CLERK OF THE BOARD OF SU RVISORS AND COUNTY ADMIN TRATOR B EPUTY M382 (10/88) JUDGMENT Sec. 1203.4 k, ment has been prop " which revoked the he or she was released on probation in his or (A) If the sentence or term or condition of probation p and without the presence of counsel to is modified pursuant to this section, the judge shall state use within 30 days after v eution of the sentence Um or her, the court shall impose sentence and the reasons for that modification on the record. >etting aside the jud "'`cMinitment, or shall make other final order ($) As used in this section, modification of sentence t t both is made after " its jurisdiction over the defendant in the case shall include reducing a felony to a misdemeanor. period,the coup may ie order of probation was made. If the case is (2) No order shall be made without written notice first n for that period and sentence has previously been imposed, the given by the court or the clerk thereof to the proper it could have done " be deprived of jurisdiction over defendant if probation officer of the intention to revoke, modify, or s s it c 1935 ch.604, (957 issue its commitment or make other final order change its order. 333, 1976 ch, 287, 1977" - its jurisdiction over defendant in the case (3) In all cases, if the court has not seen fit to revoke :h. 568. 1989 ch, 1319. days after being notified of the confinement. the order of probation and impose sentence or pronounce is one in which sentence has not previously judgment, the defendant shall at the end of the term of the court is deprived of jurisdiction over probation or any extension thereof, be by the court bode §833 et seq. "!} it does not impose sentence and issue its discharged subject to the provisions of these sections. t. Penal Code §7519. or make other final order terminating its (c) If a probationer is ordered to serve time in jail,and f terms and conditions. P over defendant in the case within 30 days after the probationer escapes while serving that time, the length. Penal Code §1203a in the manner prescribed by this section, probation is revoked as a matter of law on the day of the imposition of sentence. escape, Penal Code 3830. aal Code 31'_03. be dated of sentence hereunder the commit- (d) If probation is revoked pursuant to subdivision(c), be dated as of the date upon which probation upon taking the probationer into custod the probationer enal Code 3§1203.04, 1203.1} n= P g P Y� P I on second conviction, P If the defendant is then in a state prison for shall be accorded a hearing or hearings consistent with committed subsequent to the one upon which the holding in the case of People v. Vickers, 8 Cal. 3d m of probation. Pena! Code I lns been on probation.the term of imprisonment 451. The purpose of that hearing or hearings is not to nal Code §1203b. �._dcfaxlant under a commitment issued hereunder revoke probation, as the revocation has occurred as a i of sentence. Penal Code §1 fence upon the date upon which defendant was matter of law in accordance with subdivision (c), but f. Prac.. Ch. 90. "Probation." to prison under commitment for his or her, rather to afford the defendant an opportunity to require offense. Any terms ordered to be served the prosecution to establish that the alleged violation did .ing of Probation on S ly shall be served as otherwise provided by in fact occur and to justify the revocation. e Limit. (e) This section does not apply to cases covered by who has been released on *event the probation officer fails to report such Section 1203.2. Leg.H. 1935 ch. 604, 1937 ch.511, 1986 t to the court or the court fails to impose tson in this state or another ``'"l1� ch. 850, 1991 ch. 655. herein provided, the court shall be deprived court which released him at o f all jurisdiction it may have retained in the Cross-ReFerences e jurisdiction to impose sen s'Q(probation in said case. Leg.H. 1941 ch. 645, Probation, generally. Penal Code §1203. viously been imposed for the 32t,1963 ch.2079, 1976 ch.376, 1980 ch. l 1 17, Revocation or suspension of probation. Penal Code §1203. was granted probation.in the "828, 1989 chs. 897, 1420. Sentencing upon revocation of probation.Rules of Ct.,Rule 435. n the request of the defers �4 Suspension or execution of sentence. Penal Code 31203.1. counsel, or by himself or 3 - Ref.: Cal. Crim. Def. Prac., Ch. 90, "Probation." icing is signed in the presen �IIY. Penal Code §1'03. on in which he or she is c Or suspension of probation. Penal Code §§1203?. 1203.=1. Probationer May Withdraw Plea of representative of the warden. , an revocation of probation. Rules of Ct.. Rule 435. Guilty or of Nolo Contendere—When. er representative attests both a execution of sentence. Penal Code §1203.1. (a) In any case in which a defendant has fulfilled the and signed such request 4 Crim. Def. Prac., Ch. 90, "Probation." conditions of probation for the entire period of probation, le or she wishes the court to or has been discharged prior to the termination of the e in which he or she was rel Revocation or Suspension of period of probation,or in any other case in which a court, her absence and without �. in its discretion and the interests of justice, determines )y counsel. ,t clearing. that a defendant should be granted the relief available `firer may. upon learning of tM atourt shall have authority at any time during under this section, the defendant shall, at any time after it.and must within 30 days probation to revoke, modify, or change its the termination of the period of probation. if he or she iy the defendant or his or her, nsion of imposition or execution of sen- is not then serving a sentence for any offense.on probation iuly authorized representative: tours may at any time when the ends of justice for any offense, or charged with the commission of any e defendant is confined. re rued thereby, and when the good conduct offense, be permitted by the court to withdraw his or her court which released him or Of.the person so held on probation shall plea of guilty or plea of nolo contendere and enter a plea �lertttate the period of probation,and discharge of not guilty; or, if he or she has been convicted after wined by the probation offic held. P a plea of not guilty, the court shall set aside the verdict mens,or upon receipt from ttre exercise of the court's authority in subdivision of guilty: and. in either case, the court shall thereupon epresentative of any prison in modify, change, or terminate probation is dismiss the accusations or information against the defen- r certificate showing that the following: dant and except as noted below,he or she shall thereafter n,the court shall issue its co any sentence or term or condition of proba- be released from all penalties and disabilities resulting viously been imposed. If sen � a hearing shall be held in open court from the offense of which he or she has been convicted, ly imposed and if the def,' t.The prosecuting attorney shall be given except as provided in Section 13555 of the Vehicle Code. throueh counsel or in wri Witten notice and an opportunity to be heard The probationer shall be informed,in his or her probation vided to impose sentence in papers. of this right and privilege and his or her right, Sec. 1203.4a PENAL CODE r• if any, to petition for a certificate of rehabilitation and Cross-References pardon. The probationer may make the application and Effect on impeachment. Evid. Code §788. y- change of plea in person or by attorney, or by the Pardon. Penal Code §4852.01 et seq. probation officer authorized in writing; however, in any Probation, generally. Penal Code §1203. • subsequent prosecution of the defendant for any other of- Rehabilitation of misdemeanants. Penal Code §1203.4. M fense, the prior conviction may be pleaded and proved Restoration of rights. Penal Code §4852.01 el seq, tr and shall have the same effect as if probation had not been Suspension or execution of sentence. Penal Code §1201: r granted or the accusation or information dismissed. The withdrawal of plea. Penal Code §1018. order shall state, and the probationer shall be informed, Ref.:Cal.Fms PI.&Pr.,"Automobiles.""Elections,~ that the order does not relieve him or her of the obligation Bence"; Cal. Crim. Def, Prac.. Ch. 91. "Sentencing," to disclose the conviction in response to any direct "Disabilities Flowing From Conviction,"Ch. 103."Expun question contained in any questionnaire or application for of Criminal Records." public office, for licensure by any state or local agency, or for contracting with the California State Lottery. §12O3.4a. Rehabilitation of Misderneanant� i Dismissal of an accusation or information pursuant to (a) Every defendant convicted of a misdemeanor this section does not permit a person to own, possess, or not granted probation shall, at any time after the r have in his or her custody or control any firearm capable of one year from the date of pronouncement of jud r of being concealed upon the person or prevent his or her if he or she has fully complied with and performed , conviction under Section 12021. sentence of the court, is not then serving a sentence , This subdivision shall apply to all applications for relief any offense and is not under charge of commission of under this section which are filed on or after November crime and has, since the pronouncement of judg 23. 1970. lived an honest and upright life and has conformed to (b) Subdivision (a) of this section does not apply to obeyed the laws of the land. be permitted by the any misdemeanor which is within the provisions of to withdraw his or her plea of guilty or nolo conte subdivision (b) of Section 42001 of the Vehicle Code. or and enter a plea of not guilty: or if he or she has convicted after a plea of not guilty.the court shall set to any infraction. the verdict of guilty: and in either case the court (c) A person who petitions for a change of plea or thereupon dismiss the accusatory pleading against setting aside of a verdict under this section may be defendant, who shall thereafter be released from required to reimburse the count% for the actual cost of penalties and disabilities resulting from the offenseofu services rendered.whether or not the petition is granted he has been convicted. except as provided in S and the records are sealed or expunged, at a rate to 12021.1 of this code or Section 135;5 of the Ve ' be determined by the county board of supervisors not to Code. The defendant shall be informed of the provis' exceed [11 one hundred twenty dollars (S120). and to of this section, either oralle or in writing. at the time reimburse any city for the actual cost of services ren- or she is sentenced. The defendant may make dered, whether or not the petition is granted and the application and change of plea in person or by alto records are sealed or expunged. at a rate to be deter- or by the probation officer authorized in writing:provi mined by the city council not to exceed [21 one hundred that in any subsequent prosecution of.uch defendant twenty dollars ($1220). Ability to make this reimburse- anv other offense. the prior conviction may be ple ment shall be determined by the court using the standards and proved and shall have the same effect as if relief set forth in paragraph(2)of subdivision [31 (g)of Section not been granted pursuant to this section. 987.8 and shall not be a prerequisite to a person's eligibil- This subdivision applies to convictions which occ ity under this section. The court may order reimbursement (More as well as those occurring after. the effective in any case in which the petinoner appears to have the of this section. ability to pay, without undue hardship. all or any portion (b) Subdivision(a)does not apply to anv misderne of the cost for services established pursuant to this falling within the provisions of subdivision (b)of Se subdivision. 42001 of the Vehicle Code. or to am infraction. (d) No relief shall be granted under this section unless (c) A person who petitions for a dismissal of a c the prosecuting attorney has been given 15 days' notice under this section may be required to reimburse the co . of the petition for relief.The probation officer shall notify for the cost of services rendered at a rate to be determ the prosecuting attorney when a petition is filed.pursuant by the county board of supervisors not to exceed s to this section. dollars (S60). and to reimburse anv cin for the co It shall be presumed that the prosecuting attorney has services rendered at a rate to be determined by the received notice if proof of service is filed with the court. council not to exceed sixty dollars (S60). Abilityto (e) If, after receiving notice pursuant to subdivision this reimbursement shall be determined by the court (d), the prosecuting attorney fails to appear and object to the standards set forth in paragraph (_)of subdivisio a petition for dismissal. the prosecuting attorney may not of Section 987.8 and shall not be a prerequisite move to set aside or otherwise appeal the grant of that person's eligibility under this section.The court may petition. Leg.H. 1935 ch. 604. 1941 eh. 1112. 1951 ch. reimbursement in any case in which the petitioner ap . 183, 1961 ch. 1735. 1967 ch. 1371. 1970 ch. 539. 1971 to have the ability to pay. without undue hardship.39 ch. 333, 1976 ch. 434, 1978 ch. 911. 1979 ch. 199. 1983 any portion of the cost for services established pars_ ch. 1118, 1985 ch. 1472. 1989 ch. 917, 1994 ch. 882 §1. to this subdivision. Leg.H. 1963 ch. 1647. 1965 chs. ` §1203.4. 1994 Deletes. [11 sixty dollars (S60) [21 sixty 1324, 1967 ch. 1271, 1969 ch.9,effective March 6.1 dollars (S60) [31 (f) 1978 ch.911, 1981 ch. 714, 1983 ch. 1118. 1988 ch.1 i ATTACHMENT 2 Costs associated with the preparation of Probation reports pursuant to Penal Code Section 1203 .4 : Probation Supervisor I (1/2 Hour) $ 19 . 80 Probation Officer III (2-1/2 Hours) 76 . 92 Clerk/Typist (1 Hour) 18 .41 Services & Supplies (Copies, Delivery) 7 . 23 Total $122 . 36 BOARD OF' SUPERVISORS Contra FROM: Z� PHIL BATCHELOR, County Administrator a; s Costa County DATE: April 4, 1995 W ' SUBJECT: FIX HEARING TO ADJUST ADMINISTRATIVE FEE FOR CHANGE OF PLEA REPORTS SPECIFIC REQUEST($)OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION RECOMMENDATION: 1. FIX Tuesday, April 25, 1995 at 11:00 a.m. for a public hearing on the proposal to increase the administrative fee levied by the Probation Department for change of plea reports from $60.00 to $120.00. 2. DIRECT the County Probation Officer to publish required notices and submit to the Clerk of the Board for public inspection by Friday, April 14, 1995 documentation supporting the fee increase. BACKGROUND: Effective January 1, 1995, the Legislature allowed each county's board of supervisors to raise the Probation Department's administrative fee for processing of felony change of plea reports pursuant to Section 1203.4 of the Penal Code. At the present time, the Probation Department charges an administrative fee of $60.00 for this service which, in fact, currently costs $122.36. The Probation Department, with the concurrence of the Superior Court and the County Administrator, requests an increase in the administrative fee to make it reflect the actual costs for processing of felony change of plea reports. CONTINUED ON ATTACHMENT: YES SIGNATURE: -RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOA OMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON April 4 , 1995 APPROVED AS RECOMMENDED X_ OTHER VOTE OF SUPERVISORS X 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. CC: Contact: Gerald S. Buck, County Probation OfficerES,,`IAri 1 4_, 1995 P IL BA CHEL R,CLERK OF THE BOARD OF Probation Department SUPERVISORS AND COUNTY ADMINISTRATOR Honorable John Minney, Presiding Judge, Superior Court County Administrator Office of Revenue Collection BY C L DEPUTY `0382 (10/88) t • BOARD OF SUPERVISORS , CONTRA COSTA COUNTY , CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Hearing'to Adjust Administrative Fee for Change of Plea Reports I declare under penalty of perjury that I am now, and at all times herein 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 the following : DAVID LENNON ZM HOFWM COMPANY PO BOX 907 CONCORD CA 94522 BUILDING MJSTRY ASSOCIATION PO BOX 5160 SAN RAMON CA 94583 DENNIS J RAZZARI DAVIDON HOMS 1600 SOUTH MAIN ST x+150 UAlW= CREEK CA 94596 Albert D. Seeno Construction Co. Attn: Jeanne C. Pavao Corporate Counsel P. 0. Box 4113 Concord, CA 94524-4113 I declare under penalty of perjury that the foregoing is true and correct. Dated April 6 , 1995 , at Martinez, California. a Deputy er 3 Probation Department Contra RECEIVED Gerald S.Buck TEgym. County Probation Officer AdniiinA;igtrative Offices Costa 50 Douglas Drive,Suite 201 MAR 2 9 n95 Martinez,California 94553-8500 County (510)313-4180 ()��1 17 ,!"'ERVISORS -,.�D 0.7 - (510)313-4191 FAX CLERK,6(,) ------ To: Date: Jeanne Maglio, 3/29/95 Clerk of the Board From: Dar l ene Smit Subject: Public Hearing for Fee Executive Secretary Increase Approval Attached is a notice for your use in announcing a public hearing before the Board of Supervisors on April 25, 1995 regarding increasing the Probation Department ' s administrative fee for processing felony change of plea reports . I have made arrangements for this notice to be published in the Contra Costa Times on April 15 and April 21, 1995 as required. Julie Enea advised me she has provided you with the necessary Board Order to set the hearing date at the April 4, 1995 Board meeting and the Board Order for the April 25, 1995 public hearing. At this point, Larry Leal, Probation Director, will plan to attend the April 25, 1995 hearing to answer any questions that may arise. If you have any questions, please call me. Attachment d3/legal.not NOTICE OF PUBLIC MEETING AND AVAILABILITY OF DATA The Contra Costa County Board of Supervisors will hold a public meeting on Tuesday, April 25, 1995, at 11 : 00 a.m. in the Board of Supervisors Chambers, McBrien Administration Building, 651 Pine Street, Martinez, California, to consider an increase to the Probation Department ' s administrative fee for processing of felony change of plea reports pursuant to Section 1203 .4 of the Penal Code. Oral and written presentations on the increased fee will be considered at the meeting. At least ten (10) days prior to April 25, 1995, data indicating the proposed fee, the cost or estimated cost of providing the services for which the fee will be levied, and the revenue sources anticipated to provide the services, will be on file in the office of the Clerk of the Board of Supervisors, located at the above address, Room 106, and will be available there for public inspection. Names of persons to contact for more information about specific fees will also be on file . Dated: April 3 , 1995 ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County AAminis ator By: o eputy