Example Probationer |
Cost |
# of Months |
Total |
Supervision |
$75/month |
36 |
2,700 |
Drug Testing |
$10/month |
36 |
360 |
Report Fee |
$176 one-time |
n/a |
176 |
Total Cost of Probation |
|
|
3,236 |
Cost of Collection and Revenue
The following table shows the actual and estimated cost of collection and revenue for FY 17/18 and FY 18/19, respectively. The Probation fee revenue is used to offset the salaries of adult Deputy Probation Officers.
Fee |
FY 17/18 |
Estimated FY 18/19 |
Collection Cost |
Revenue |
Collection Cost |
Revenue |
Probation Dept. Drug Diversion Fee (PC 1001.9) |
143 |
1,249 |
10 |
1,000 |
Cost of Probation Fee |
91,957 |
475,573 |
82,000 |
444,000 |
Probation Cost of Drug Test Fee (PC 1203.1(ab)) |
12,332 |
60,638 |
12,000 |
61,000 |
Probation Report Fee (PC 1203.1(b)) |
4,554 |
27,333 |
5,000 |
30,000 |
Total |
108,986 |
564,793 |
99,010 |
536,000 |
Public Defender Fees
Penal Code 987.81 authorizes the Court to consider and make a determination of the defendant’s ability to pay all or a portion of the costs of legal assistance provided through the public defender or private counsel appointed by the court and may order the defendant to pay all or a part of the cost.
Adults charged with capital or homicide cases may have to pay fees ordered by the court at the conclusion of the case to reimburse the County for the cost of outside counsel. The defendant is referred to the Contra Costa Superior Court Collections Unit by the judge who orders the amount to be paid. The Court makes a determination as to how much, if any, of the ordered amount the person can afford to pay. This determination is made on a sliding scale based upon the person's financial resources. The Office of the Public Defender is not involved in the determination of, or collection of fees.
Cost of Collection and Revenue
The following table shows the actual and estimated cost of collection and revenue for FY 17/18 and FY 18/19, respectively. The Public Defender Fee revenue is used to offset cost of County trial court function, specifically costs associated with capital cases.
Fee |
FY 17/18 |
Projected FY 18/19 |
Collection Cost |
Revenue |
Collection Cost |
Revenue |
Public Defender Fee |
1,849 |
26,100 |
- |
121,000 |
Sheriff Office Custody Alternative Facility Program Fees
In 2009, the Board of Supervisors approved Resolution No. 2009/435 setting the fees for the Office of the Sheriff custody alternative programs. The current fees for the Custody Alternative Facility programs are provided below.
Fee |
Cost |
Electronic Home Detention and Alcohol Monitoring: |
|
Application fee |
$125.00 one-time |
Electronic Home Monitoring Only |
$20.00 per day |
Alcohol Monitoring Only |
$20.00 per day |
Electronic Home Monitoring and Alcohol Monitoring |
$23.50 per day |
Urinalysis Test |
$6.00 per test |
Work Alternative Program: |
|
Application fee |
$125.00 one-time |
Daily Fee |
$16.00 per day |
Ability to Pay Process
The current Custody Alternative Facility (CAF) procedure provides for the CAF participant to be completely enrolled in a CAF program prior to discussing fees or ability to pay. Participants review and complete the personal budget with their assigned CAF Specialist. The participant will then request a reduction/waiver of fees based on their stated ability to pay. A CAF Sergeant will review and approve the Personal Budget form. A participant's inability to pay all or a portion of any fee(s) will not preclude them from being enrolled or completing any program offered by the Custody Alternative Facility.
Process of Collections
CAF fees are collected after the participant is enrolled in a CAF program. Fees can be paid in the manner which is most appropriate for the participant. Participants can pay their total program fees at one time or over a pre-determined length of time. There is no process established to collect payment from participants who complete the program, but do not pay. A participant's ability to successfully complete a CAF programs is not impacted by lack of payment.
Future Plan for CAF Electronic Home Detention and Work Alternative Programs
CAF is currently working with representatives from the Office of Re-Entry and Justice, the Public Defender’s Office, and Reentry Solutions Group to present updated Ability to Pay forms.
Revenue
The following table shows the actual and estimated revenue for FY 17/18 and FY 18/19, respectively. The CAF Fee revenue is used to offset program costs.
Program |
FY 17/18 |
Projected FY 18/19 |
Work Alternative Program |
443,055 |
423,000 |
Electronic Home Detention |
568,541 |
12,000 |
Total |
1,011,596 |
435,000 |
The PPC accepted the introductory report and directed staff to perform further research on other fees that are collected or remitted to the County and to report back to the Committee with staff's findings.
On July 1, 2019, the Public Protection Committee accepted an a follow-up report on this issue which included a review of a wider range of criminal justice fees, including those that are mandated by state legislation. This update included the following information on criminal justice fees and SB 144.
Criminal Justice Fees
The Legistlative Analyst's Office (LAO) provided a report titled "Overview of State Criminal Fines and Fees and Probation Fees. The report provide background information regarding both cirminal fines and fees and probation fees. This includes an explanation of how cimrinal fines and fees are assessed. A copy of the LAO report is included as Attachment C.
Upon the request of the Committee, the analysis of the County's criminal justice fees was expanded beyond the fees charged for Probation, indigent defense, and alternatives-to-incarceration fees. Attachment D summaries the fee analysis performed by staff which includes: fee description, relevant code section, authority, ability-to-pay provision, funded County program or function, and revenue collected.
Senate Bill 144
As of July 1, 2019, SB 144 had passed through the California Senate and was in the California Assembly. SB 144 is set to be heard on July 9th in the Assembly Public Safety Committee. SB 144 is currently opposed by Calfiornia State Association of Counties, Urban Counties of California, Rural County Representatives of California, and the Chief Probation Officers of California. These organizations’ opposition is not based on the underlying policy conversation regarding lessening the financial burden associated with fines and fees levied on adults in the criminal justice system, but is based on the fiscal implications and the request for the addition of a sustainable funding source to ensure this does not inadvertently impact the core services, programs and efforts to promote the rehabilitation of offenders. A copy of the amended SB 144 can be found here:
http://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=201920200SB144&version=20190SB14497AMD
During the July meeting, the Public Protection Committee considered a number of concerns revolving around adult criminal justice fees, including significant concern brought up regarding the ability-to-pay process. The majority of criminal fees include provisions that allow for either a waiver or reduction of the fee based on one’s ability to pay. The Public Protection Committee voted unanimously to refer to the full Board of Supervisors a temporary moratorium on the assessment and collection of criminal justice fees currently authorized by the Contra Costa County Board of Supervisors.
On September 17, 2019, the Board of Supervisors considered adopting Resolution No. 2019/522 to place a moratorium on the assessment and collection of certain criminal justice fees. The Board of Supervisors approved the moratorium and directed the Public Protection Committee to gather additiional data about criminal justice fees in Contra Costa County and to return to the Board of Supervisors before the end of the year. A copy of the Resolution is attached for reference (Attachment E).
Following the adoption of the moratorium by the Board of Supervisors, the County Administrator's Office had notified the Sheriff's Office, the Probation Department, and the Superior Court of this moratorium on the assessment and collection of the applicable criminal justice fees.