HomeMy WebLinkAboutMINUTES - 07132004 - C.134 Tib: BOARD OF SUPERVISORS ....... Contra
FROM: JOHN SWEETEN, +� Costa
COUNTY ADMINISTRATOR
DATE: July 13, 2004 `' `;; `/�r ou my
SUBJECT: ADOPT RESOLUTION FOR PRIORITIES OF DISBURSEMENT OF
COLLECTIONS FOR COURT ORDERS AS REQUIRED BY PENAL CODE
SECTION 1203.11D.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
ADOPT Resolution No. 2004/.s� setting the priorities of disbursement for payments received on
court orders, or parts of court orders, entered under the Penal Code that provide for payment of
victim restitution, fines, forfeitures, penalty assessments, reimbursement for legal assistance,
costs of probation services, other reimbursable costs; and state surcharges.
BACKG'ROU'ND:
Assembly Bill (AB)3000 (Chapter 1124, Statute of 2002) established a state surcharge of 20%
on fines and made a statutory requirement that the Board of Supervisors mandate the order of
priority for disbursement of funds collected for restitution, fines, penalties, or forfeitures imposed
and collected by the court for criminal offenses, other than parking offenses.
The mandatory prioritization in the distribution of all installment payments must be in the
following order: (1) restitution to the victim; (2) the 20% state surcharge; (3)fines, penalty
assessments, and restitution fines in an amount for each of these items shall be made
proportionally to the total amount levied for all of those items; and (4) other reimbursable costs.
This bill requires the Board of Supervisors to apply these priorities to all court orders or to parts
of orders if a defendant has been ordered to pay one or more court orders.
FINANCIAL IMPACT:
Prior to implementation of AB3000, all of the components of an order were distributed
proportionally among state, county, local agencies and victims. AB3000's required priority order
for victim's restitution followed by the 20% state surcharge will affect the timing of collection of
other revenues connected with the court order for those accounts that are on time payment
plans.
If payment is made in full, the payment is apportioned and disbursed in the amounts ordered
by the court and has no negative impact. The reprioritization in disbursement of partial
payments and installment payments will negatively impact county and local agency
revenues ranging from delaying disbursements to loss of revenue.
ATTACHMENT: ,,,YES SIGNATURE:
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RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATUR.E(S):
ACTION OF BOARD ON APPROVE AS RECOMMENDED pTHL
VOTE OF SUPERVISORS I HERESY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT I ,_,s ;;, ) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED r
CONTACT: Lisa Driscoll 335-1055 JOHN'RWEETEN,CLERK OF THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
CC: County Administrator
Superior Court Administration r
Court Collections and Compliance °
BY ;' .s ..._�m DEPUTY
SUBJECT: APPLY PRIORITIES OF DISBURSEMENT OF RESOLUTION NO.
COLLECTIONS ON COURT ORDERS OR
PARTS OF COURT ORDERS
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA
COSTA, STATE OF CALIFORNIA, APPLYING PRIORITIES OF DISBURSEMENT OF
COLLECTIONS ON COURT ORDERS OR PARTS OF ORDERS FOR VICTIM RESTITUTION;
STATE SURCHARGE (PENAL CODE SECTION 1465.7); STATE SURCHARGE
(GOVERNMENT CODE SECTION 70372); FINES; REIMBURSEMENT FOR LEGAL
ASSISTANCE; COST OF JAIL OR CONFINEMENT; REIMBURSEMENT FOR PROBATION
SERVICES; AND OTHER REIMBURSEABLE COSTS.
WHEREAS, pursuant to Penal Code Section 1203.1d, as emended by AB3000 requires the
Board of Supervisors apply priorities of disbursement to monies collected on court orders or
parts of court orders, for victim restitution, state surcharges, fines, reimbursement for legal
assistance, probation costs, cost of jail or confinement, and other reimbursable cost.
NOW, THEREFORE, pursuant to said legislation, it is by the board resolved that the amount
and manner of disbursement of monies collected under court orders made pursuant to the
penal code requiring a defendant to make reparation or restitution to a victim of a crime, to pay
any money as reimbursement for legal assistance provided by the court, to pay any cost of
probation services, to pay any cost of jail or other confinement or to pay any other reimbursable
costs, shall be as follows;
(a) If payment is made in full, the payment shall be apportioned and disbursed in the
amounts ordered by the court.
(b) If installment payments are made, or payment is received by the Franchise Tax
Board, pursuant to Section 19230 of the Revenue and Taxation Code, and
subsequently transferred to the Controller to the County pursuant to Section
19282 of the Revenue and Taxation Code, disbursements of the amounts
collected shall be made in the following order of priority:
(1) Restitution ordered to, or on behalf of, the victim pursuant to subdivision (f)
of Section 1202.4 of the Penal Code.
(2) The state surcharge pursuant to Section 1465.7 of the Penal Code.
(3) Any fines, penalty assessments, and restitution fines ordered pursuant to
subdivision (b) of Section 1202.4. Payment of each of these items shall be
made on a proportional basis to the total amount levied for all of these
items.
(4) Any other reimbursable costs.
(c) The above priorities of disbursement shall apply to orders or parts of orders in
cases where defendants have been ordered to pay more than one court order.
cc: County Administration i hereby certify that this is a true and correct
Superior Court Administration copy of an action taken and entered on the
Court Collections and Compliance minutes of the Board of Supervisors on the
date shown.
ATTESTED,.s '
JOHNS TE ;ierk of the Board
o
of Supe and County Administrator