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Home My WebLink AboutMINUTES - 05152007 - C.18 A Contra TO: BOARD OF SUPERVISORS F FROM: JOHN CULLEN, County Administrator �` _ _ 's Costa C DATE: MAY 7, 2007 a�sTA COt11z .� County SUBJECT: FIX HEARING ON THE ESTABLISHMENT OF A JAIL ACCESS (BOOKING) FEE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. FIX Tuesday, May 22, 2007 at 9:30 a.m. for a public hearing on the proposed establishment of a jail access (booking) fee. 2. DIRECT the County Administrator to publish required notices and to submit to the Clerk of the Board documentation for public inspection supporting the new fee. FISCAL IMPACT: As the jail access fee may only be charged to a local agency that exceeds its three-year average number of certain nonfelony bookings, it is not anticipated that the fee will generate a significant amount of revenue. The County does expect to receive approximately $2.1 million in "in-lieu" booking fees from a proposed $35 million statewide allocation. These revenues are included in the 2007/08 Final Budget. Revenues generated from the jail access and "in-lieu" fees must be deposited in a local detention facility revenue account and shall be used exclusively for the purpose of operation, renovation, remodeling, or constructing local detention facilities and related equipment. CONTINUED ON ATTACHMENT: _YES SIGNATURE: r RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDI OF BOARD COMMITTEE APPROVE _OTHER SIGNATURE(S): ACTION OF BO NAPPROVE AS RECOMMENDED OTHER VOTE O UPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE /v AND CORRECT COPY OF AN ACTION TAKEN UNANIMOUS(ABSENT AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: ATTESTED: MAY 15,2007 CONTACT: JULIE ENEA (925)335-1077 JOHN CULLEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CC: COUNTY ADMINISTRATOR AUDITOR-CONTROLLER SHERIFF'S ADMINISTRATION BY DEPUTY J Fix Hearing on Jail Access (Booking) Fee May 7, 2007 Page 2 BACKGROUND: Under current law, counties are authorized to charge local agencies up to 50% of their costs for booking arrestees into local detention facilities. Cities objected to these fees even though the state provided subventions to them to offset their costs. Consequently, as part of the 2006/07 State Budget, the Governor restructured booking fees: ■ The prevailing booking fee structure was replaced by a new trust fund, the Local Detention Facility Fund (LDFF). The LDFF is designated to support operations, renovation, remodel, reconstruction, or construction of local detention facilities in each county. ® The state will appropriate $35 million on an annual basis to the LDFF. The first "call" will be allocated to counties proportionate to revenue derived from booking fees; the remainder will be allocated to all counties based on proportional numbers of bookings in the prior year. (Cities that operate Type One detention facilities also would be eligible for revenue under this proposal, but it is expected that this share would represent a relatively small amount, if any, of the overall allocation.) ■ A new jail access fee is authorized, giving counties the authority to charge a local agency for bookings that exceed the agency's average booking rate for the prior three years; in those instances, the county can charge actual costs for each booking over the three-year average. The three-year average may be calculated only for bookings involving municipal code violations and certain misdemeanors (excludes misdemeanors involving driving while impaired, domestic violence offenses, and enforcement of protective orders). ■ If the state fails to appropriate the full $35 million to the LDFF, the amount of the "under-appropriation" would be recouped by reverting to the criminal justice administrative fee (i.e., charging one-half of the existing criminal justice administrative fee for each jail booking). Under these circumstances, the agency booking fee rate of $170 would be adjusted by the consumer price index (CPI) plus I% for each year between 2005 and the year in which the state does not make the full LDFF appropriation. ■ Counties will continue to be allowed to recover from arrested persons their actual administrative costs for booking if the person is convicted of any criminal offense for which the person was originally booked. In order to implement the new booking fee structure, the County must establish a jail access fee and calculate the three-year average number of bookings for each local arresting agency. The County Administrator proposes to establish the jail access fee at the same cost rate as calculated in 2005 for the criminal justice administrative (booking) fee pursuant to Government Code section 29550 (not discounted by 50%). This cost calculation was distributed to the cities in 2005 and was the subject of a public hearing on May 17, 2005, at which no objections were registered. It is recommended, therefore, that the Board of Supervisors fix May 22, 2007 for a public hearing to consider establishing the new jail access fee. Julie Enea To: Jane Pennington/COB/CCC@CCC cc: 05/09/2007 04:18 PM Subject: Re: publication request from Clerk of the Board Jane, You can charge this to Org 1200. Julie Jane Pennington/COB/CCC Jane Pennington/COB/CCC 05/09/2007 02:27 PM To Julie Enea/CAO/CCC@CCC cc Subject Re: publication request from Clerk of the Board FYI -----Forwarded by Jane Pennington/COB/CCC on 05/09/2007 02:29 PM----- Contra Costa Times To: Jane Pennington <JPenn@cob.cccounty.us> ' Legals" cc: <cctlegals@cctimes.co Subject: Re: publication request from Clerk of the Board m> 05/09/2007 02:26 PM Jane, This notice will publish in CCTimes 5/12 and 5/17. The cost of$179.20 will be billed to your account. Thank you, Jennifer Valahu Contra Costa Times - Concord Transcript - Lamorinda Sun Legal Advertising Coordinator (925) 943-8019 (925) 943-8359 - fax cctlegals@cctimes . com Jane Pennington wrote: Please publish the notice provided below(below the line) in the CC Times on these dates: May 12 May 17 f . Full Circulation Reference: Booking Fees Thank you Jane Pennington Chief Clerk, Contra Costa Board of Supervisors 651 Pine St. Rm. 106, Martinez, CA 94553 Ph 925-335-1908 Fax 925-335-1913 ---------------------------------------------------------------------------------------------------------------- NOTICE OF PUBLIC MEETING AND AVAILABILITY OF DATA The Contra Costa County Board of Supervisors will hold a public meeting on Tuesday, May 22, 2007, at 9:30 a.m. in the Board of Supervisors Chambers, County Administration Building, 651 Pine Street, Martinez, California, to consider the establishment of a jail access fee pursuant to Government Code section 29551(b) at a rate of$340, related to the cost of booking or other processing of an arrestee into the County detention facility. State law authorizes counties to charge the jail access fee beginning July 1, 2007 to a local agency when the agency exceeds its three-year average number of certain nonfelony bookings. Oral and written presentations on the proposed fee will be considered at the meeting. At least ten (10) days prior to May 22, 2007, 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: May 8, 2007 ATTEST: John Cullen, Clerk of the Board of Supervisors and County Administrator By: Jane Pennington, Deputy