HomeMy WebLinkAboutMINUTES - 05091995 - 1.5 (2) '
TO: BOARD OF SUPERVISORS 5 l5O
Contra
r
FROM: Costa
County Phil Batchelor, County Administrator
County
DATE.
May 4 1995
SUBJECT: LEGISLATION: AB 1075 (Martinez) - DECREASES THE AMOUNT OF FINE
REVENUE WHICH WOULD BE DEDICATED TO THE SHERIFF'S CRIME LABORATORY
FnR THF. III
PURPOSE OF ❑nTNG Ai.CnHnL ANn nRTV' TF'gTTNr_
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
f
RECOMMENDATION:
ADOPT a position in OPPOSITION to AB 1075 by Assemblywoman Martinez
which would decrease the amount of money going to the Sheriff 's
Crime Laboratory to pay for the cost of doing alcohol and drug
testing.
BACKGROUND:
Existing law requires that $50 for each conviction of specified
Vehicle Code violations is to be. deposited in a special fund to be
used for alcohol and drug testing, regardless of whether a fine is
actually collected for a conviction. This allocation is made off
the top of the fine and forfeiture pot before other allocations are
made to the State and to other programs .
AB 1075 would alter this allocation to provide that $50 would be
allocated to the special fund, but only on the basis of each fine
that is collected. Since not all fines that are imposed are
collected, passage of AB 1075 will have the effect of reducing the
amount -of money that is allocated to the Sheriff ' s Crime Laboratory
for alcohol and drug testing. The money which is already being
allocated is insufficient to pay for the cost of this testing.
By leaving more money in the general fine and forfeiture pot more
fine and forfeiture revenue will be returned to the State of
California to the detriment of our Crime Laboratory.
/Ix 6CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):& ,(,e&ZA
6r S�,,424�
ACTION OF BOARD ON May 9.Y 1995 APPROVED AS RECOMMENDED OTHER
i
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.
ATTESTED 9 1995
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: See Page 2 SUPERVISORS AND COUNTY ADMINISTRATOR
B DEPUTY
-2-
The
2-The Sheriff recommends that the Board of Supervisors oppose AB
1075 and this office concurs with that recommendation. AB 1075
passed the Assembly Public Safety Committee on April 18, 1995 by a
vote of 8 : 0 and is now on referral to the Assembly Appropriations
Committee.
cc: County Administrator
Sheriff-Coroner
Auditor-Controller
Interim Municipal Court Administrator
George Roemer, Senior Deputy County Administrator
Les Spahnn; Heim, Noack, Kelly & Spahnn
OFFICE OF THE SHERIFF
Contra Costa County
Administration Division
651 Pine Street, 7th floor, Martinez, CA 94553
(510) 646-2402
Date: March. 28, 1995
To: Claude L. Van Marter, Assistant County Administrator
From: Warren E. Rupf, Sheriff
Opposition to Assembly.Subject Opp y Bill 1075
The County should actively oppose Assembly Bill 1075 (Martinez) .
It proposes to change the manner in which fines are paid to the
special alcohol testing fund. Currently, $50 for each conviction
for driving under the influence of alcohol is placed in a special
account from all of the fines collected whether or not a fine is
actually collected.. A.B. 1075 would change it to $50 for each
fine collected for driving under the influence. This would
reduce the amount of money going into the special alcohol testing
account.
Because less money is placed in the special account, more money
remains in the general fine account. The general fine account is
distributed as follows: for arrests in incorporated areas, 50%
of the fine goes to the city and 50% goes to the State General
Fund; for arrests in the unincorporated areas, 25% of the fine
goes to the County and 75% goes to the Stated
In this county, as in most counties, the cost of alcohol analysis
exceeds the amount actually collected in the special alcohol
testing account. Sending more money to the State does not
alleviate this shortfall. Additional County General Fund money
is needed to pay for the cost of testing alcohol from arrests in
the unincorporated area.
In counties where the amount collected in the special account
exceeds the cost of analysis, statute already dictates the
disbursement of the remaining money in the special account in the
same manner as. the general fine money. There is no advantage to
either the County or the cities in the proposed legislation.
CONTRA COSTA COUNTY
RECEIVED
MAR 3 11995
OFFICE OF
COUNTY ADMINISTRATOR
o
CALIFORNIA LEGISLATURE-1995-96 REGULAR SESSION
} ASSEMBLY BILL No. 1075
{
-, Introduced by Assembly Member Martinez
J
February 23, 1995
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An act to amend Sections 1463.14 and 1463.16 of the Penal
Code, relating to fines.
LEGISLATIVE COUNSEL'S DIGEST
AB 1075, as introduced, Martinez. Fines: collection.
Existing law requires that, notwithstanding specified
distribution formulas for fines and forfeitures, $50 for each
conviction of a violation of specified Vehicle Code provisions
shall be deposited in a special account to be used for alcohol
and drug testing, and $50 of each fine for each such conviction
shall be deposited in a special account for the county's
alcoholism program.
This bill would require instead that $50 of each fine
g } collected for each conviction be deposited as specified.
-s Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION I. Section 1463.14 of the Penal Code is
2 amended to read:
3 1463.14. (a) Notwithstanding the provisions , of
4 Section 1463, of the moneys deposited with the county
5 treasurer pursuant to Section 1463, fifty dollars ($50) of
6 each fine collected for each conviction of a violation of
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AB 1075 — 2 —
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1 Section 23103, 23104, 23152, or 23153 of the Vehicle Code
2 shall be deposited in a special account which shall be used
3 exclusively to pay for the cost of performing for the
4 county, or a city or special district within the county,
5 analysis of blood,breath or urine for alcohol content or for
6 the presence of drugs, or for services related to that
7 testing. The sum shall not exceed the reasonable cost of
8 providing the services for which the sum is intended.
9 On November 1 of each year, the treasurer of each
10 county shall determine those moneys in the special
11 account which were not expended during the preceding
12 fiscal year, and shall transfer those moneys into the
13 general fund of the county. The county may retain an
14 amount of that money equal to its administrative cost
15 incurred pursuant to this section, and shall distribute the
16 remainder pursuant to Section 1463.
17 (b) The Board of Supervisors of Contra Costa County
18 may, by resolution, authorize the imposition of a fifty
19 dollar ($50) assessment by the court upon each defendant
20 convicted of a violation of Section 23152 or 23153 of the
21 Vehicle Code for deposit in the account from which the
22 fifty dollar ($50) distribution specified in subdivision (a)
23 is deducted.
24 (c) The board of supervisors of a county other than
25 Contra Costa County may, by resolution, authorize an
26 additional penalty upon each defendant convicted of a
27 violation of Section 23152 or 23153 of the Vehicle Code, of
. 28 an amount equal to the cost of testing for alcohol content,
29 less the fifty dollars ($50) deposited as provided in
sY { 30 subdivision (a) . The additional penalty authorized by this
31 subdivision shall be imposed only in those instances
32 where the defendant has the ability to pay, but in no case
33 shall the defendant be ordered to pay a penalty in excess
34 of fifty dollars ($50) . The penalty authorized shall be
35 deposited directly with the county, or city or special
36 district within the county, which performed the test, in
37 the special account described in subdivision (a) , and shall
38 not be the basis for any additional assessment pursuant to
39 Section 1464 or 1465, or Chapter 12 (commencing with
40 Section 76010) of Title 8 of the Government Code.
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- 3 — AB 1075
Code 1 For purposes of this subdivision, "ability to pay" means
ie used 2 the overall capability of the defendant to pay the
nor the 3 additional penalty authorized by this subdivision, taking
!ounty, 4 into consideration all of the following:
t or for 5 (A) Present financial obligations, including family
=o that 6 support obligations, and fines, penalties, and other
cost of 7 obligations to the court.
led. '` 8 (B) Reasonably discernible future financial position
►f each 9 over the next 12 months.
special 10 (C) Any other factor or factors which may bear upon
ceding 11 the defendant's financial ability to pay the additional
_to the 12 penalty.
:ain an 13 (d) The Department of Justice shall promulgate rules.
7e cost 14 and regulations to implement the provisions of this
Ite the 15 section.
16 SEC. 2. Section 1463.16 of the Penal Code is amended
county 17 to read:
a fifty 18 1463.16. (a) Notwithstanding Section 1203.1 or 1463,
mdant 19 fifty dollars ($50) of each fine collected for each
of the 20 conviction of a violation of Section 23103, 23104, 23152, or
ich the 21 23153 of the Vehicle Code shall be deposited with the
.on (a) 22 county treasurer in a special account for exclusive
23 allocation by the county for the county's alcoholism
,r than 24 program, with approval of the board of supervisors, for
ize an 25 alcohol programs and services for the general population.
'd of a 26 These funds shall be allocated through the local planning
ode, of 27 process pursuant to specific provision in the county
)ntent, 28 alcohol program plan which is submitted to the State
led in 29 Department of Alcohol and Drug Programs. Programs
by this 30 shall be certified by the Department of Alcohol and Drug
stances 31 Programs or have made application for certification to be
to case 32 eligible for funding under this section. The county shall
excess 33 implement the intent and procedures of subdivision (b)
call be 34 of Section 11812 of the Health and Safety Code while
special 35 distributing funds under this section.
test, in 36 (b) In a county of the 1st, 2nd, 3rd, or 15th class,
A shall 37 notwithstanding Section 1463, of the moneys deposited
cant to 38 with the county treasurer pursuant to Section 1463, fifty
.g with 39 dollars ($50) for each conviction of a violation of Section
40 23103, 23104, 23152, or 23153 of the Vehicle Code shall be
99 99
AB 1075 — 4 —
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1 deposited in a special account for exclusive allocation by
2 the administrator of the county's alcoholism program,
3 with approval of the board of supervisors, for alcohol
4 programs and services for the general population. These
5 funds shall be allocated through the local planning
G process pursuant to a specific provision in the county plan
7 which is.submitted to the State Department of Alcohol
8 and Drug Programs. For those services for which '
9 standards have been developed and . certification is
10 available, programs shall be certified by the State
1.1 Department of Alcohol and Drug Programs or shall apply
12 for certification to be eligible for funding under this
13 section. The county alcohol administrator shall
14 implement the intent and procedures of subdivision (b)
15 of Section 11812 of the Health and Safety Code while
16 distributing funds under this section.
17 (c) The Board of Supervisors of Contra Costa County
18 may, by resolution, authorize the imposition of a fifty
10 dollar'($50) assessment by the court upon each defendant
20 convicted of a violation of Section 23152 or 23153 of the
21 Vehicle Code for deposit in the account from which the
22 fifty'dollar ($50) distribution specified in subdivision (a)
23 is deducted.
24 (d) It is the specific intent of the Legislature that funds
25 expended under this part shall be used for ongoing
26 alcoholism program services as well as for contracts with
27 private nonprofit organizations to upgrade facilities to
28 meet state certification and state licensing standards and
29 federal nondiscrimination regulation relating to
g g
30 accessibility for handicapped persons.
31 (e) Counties may retain up to 5 percent of the funds
32 collected to offset administrative costs of collection and
33 disbursement.
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