On Tuesday, the contra Costa County Board of Supervisors will discuss the idea of enacting a temporary moratorium on the collection of certain criminal justice fees.
The move could cost the county up to $1.8 million in revenue if it were to run through a full year. Under this proposed moratorium through the end of 2019, it would cost the county $550,000.
|Impacted Department||FY 19/20 Est. Revenue|
|Sheriff – Custody Alternative Facility Fees||$400,000|
|Sheriff – General Lab||$120,000|
|Sheriff – Central Admin||$40,000|
|Trial Court Programs (General Fund)||$280,000|
|Alcohol & Other Drugs||$230,000|
|Special Revenue Fund – Automated Fingerprint ID||$180,000|
According to the staff report, here is a look at the types of fees that would be waived in which Supervisors John Gioia, Karen Mitchoff, Federal Glover, Diane Burgis and Candace Andersen will discuss:
- 10% Fee – California Penal Code § 1203.1 provides counties the ability to charge an administrative fee of up to ten percent (10%) of the amount of restitution ordered to be paid through the court. In 1994, Contra Costa County Board of Supervisors approved a resolution establishing a fee up to 10% of the amount of restitution ordered.
- California Fingerprint ID Penalty – In 1988, the Board of Supervisors approved Resolution No. 88/565 pursuant to California Government Code § 76102 to establish a County Automated Fingerprint Identification Fund in Contra Costa County and to charge a fifty cent ($0.50) assessment for each $10 fine, penalty, or forfeiture imposed and collected by the courts for all criminal offense and certain violations of the Vehicle Code. The purpose of this fee was to assist the County in the establishment and maintenance of adequate fingerprint facilities and suspect booking identification facilities.
- Booking Fee – Contra Costa County is currently authorized by Ordinance No. 2011-13 and California Government Code § 29550 to recover any criminal justice administration fee (“Booking Fee”) imposed by the County from the arrested person if the person is convicted of any criminal offense related to the arrest.
- Drug Diversion Fee – In 1994, the Board of Supervisors approved a resolution pursuant to California Penal Code § 1211 to charge a fee for the administrative costs incurred in processing a drug diversion case.
- Alcohol Test & C.A.P Fee – Contra Costa County is currently authorized by Resolution No. 88/28 and California Penal Code § 1463.14 and § 1463.16 to charge two separate $50 assessments on defendants convicted of violating California Vehicle Code § 23152 or § 23153 (driving a motor vehicle under the influence of alcohol or drugs). Alcohol Test Fee revenue and fifty percent (50%) of C.A.P. fee revenue is used to offset the cost of laboratory testing performed by the Office of the Sheriff.
- Probation Drug Diversion Fee – In 1995, the Contra Costa County Board of Supervisors authorized an administrative fee for the Probation Department’s processing of clients into a drug diversion program pursuant to Penal Code § 1001.15.
- Probation Supervision Fee – The Probation Department is currently authorized by Resolution No. 2010/262 and Penal Code § 1203.1b to charge a Probation Supervision Fee to recover the cost of probation supervision.
- Probation Drug Test Fee – The Probation Department is currently authorized by Penal Code § 1203.1ab to charge a Probation Drug Test Fee to recover the cost of drug testing required as a condition of one’s probation.
- Probation Report Fee – The Probation Department is currently authorized by Ordinance 2009-28 and Penal Code § 1203.1b and § 1203.7 to charge a Probation Report Fee to recover the cost to conduct a preplea investigation of a criminal defendant and prepare a preplea report.
- Alcohol and Drug Assessment Fee – Contra Costa County is currently authorized by Resolution 99/347 and Penal Code § 1463.13 to charge an Alcohol and Drug Assessment Fee to recover the cost of providing community substance abuse services for those convicted of driving under the influence. The revenue generated from this fee funds community substance abuse services.
- Public Defender Fees – Contra Costa County is currently authorized by Penal Code § 987.81 to recover the cost of court appointed counsel. The revenue generated from this fee are used to offset the County’s cost for court appointed counsel. The Contra Costa Public Defender does not assess, process, or collect this fee.
- Custody Alternative Facility Fees – the Contra Costa County Office of the Sheriff is currently authorized by Resolution 2008/303 and Penal Code § 4024.2 and § 1203.016 to charge fees to participate in the Custody Alternative Program to recover the cost of administering the program.
Full Staff Report: Click here
If you go:
Sept. 17 at 9:00 am
BOARD CHAMBERS ROOM 107, ADMINISTRATION BUILDING,
651 PINE STREET MARTINEZ, CALIFORNIA 94553-1229