Agenda

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PUBLIC PROTECTION COMMITTEE

Meeting Date:	06/22/2020
Subject: Criminal Justice Fees
Department:	County Administrator
Referral No.:	N/A
Referral Name:	Criminal Justice Fees
Presenter:	Paul Reyes, Committee Staff	Contact:	Paul Reyes, 925-335-1096

Information

Referral History:

On February 26, 2019, the Board of Supervisors referred to the Public Protection Committee the topic of criminal justice system fees charged to individuals and a review the current programs, policies and practices related to criminal justice fees. A copy of the referral is included as Attachment A.

On April 1, 2019, the Public Protection Committee considered an introductory report on the issue of criminal justice fees assessed in the County. During that meeting, the community impacts of criminal justice fees, local efforts and legislation (SB 190 & SB 144) to eliminate such fees was discussed. The report provided at the April PPC meeting focused on those fees that had been positively identified as being local and discretionary fees (i.e. not mandated by California law), specifically Probation Fees, Public Defender Fees, and Sheriff Custody Alternative Facility Fees. The PPC requested staff to conduct further research and analysis on other fines and fees collected by the Contra Costa Superior Court of California (Court) and remitted to the County. The April staff report can be accessed here: http://64.166.146.245/agenda_publish.cfm?id=&mt=PBP&get_month=4&get_year=2019&dsp=ag&seq=1351

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. The PPC 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. The July PPC staff report can be accessed here: http://64.166.146.245/agenda_publish.cfm?id=&mt=PBP&get_month=7&get_year=2019&dsp=ag&seq=1354

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 additional 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 B).

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.

On September 30, 2019, the PPC accepted an update on the implementation of the moratorium on the collection of adult criminal justice fee. The Committee directed staff to assemble a small work group to identify and provide to the Committee any additional available and relevant data. The September 2019 staff report can be accessed here: http://64.166.146.245/agenda_publish.cfm?id=&mt=PBP&get_month=9&get_year=2019&dsp=ag&seq=1438

On November 4, 2019, the Committee was updated on the progress the workgroup had made. This update included information on the San Francisco Financial Justice Project, the ability-to-pay process of Probation and the Sheriff's Office, local data on race/income, pending data collection efforts, and an update on the Superior Court implementation of the moratorium. Additionally, Reentry Solutions Group provided a Report on Criminal Justice Fees in Contra Costa which provides additional information on the San Francisco Financial Justice Project, the local research process, and local/national research. The November 2019 staff report can be accessed here: http://64.166.146.245/agenda_publish.cfm?id=&mt=PBP&get_month=11&get_year=2019&dsp=ag&seq=1446

On December 2, 2019, the Committee was provided with a summary report outlining the data, policies, and practices related to criminal justice fees within Contra Costa County. The Committee directed staff to return to the Board of Supervisors to continue the moratorium and to request approval to notify the Court to proceed with necessary programming to implement the moratorium. The full staff report can be accessed here: http://64.166.146.245/agenda_publish.cfm?id=&mt=PBP&get_month=12&get_year=2019&dsp=ag&seq=1447

On December 17, 2019, the Board of Supervisors accepted an update on the moratorium on the assessment and collection of certain criminal justice fees and authorized the County Administrator to request the Court to incur the necessary expenditures to fully implement the moratorium. The Board also directed the County Administrator to report back to the Board in 90 days for an update.

Following the December 17, 2019 Board meeting, the County Administrator's Office contacted the Court to request the Court to move forward with the programming and other work necessary to identify the accounts and balances impacted by the moratorium. Since waiving or suspending the impacted fees is irreversible, the waiving or suspending of these fees would be a discharge from accountability for collection of accounts and will require authorization from the Board of Supervisors before such fees can be waived or suspended.

On February 24, 2020, the PPC recieved an update on the implementation of the moratorium, which include a review of current outstanding fee balances from the Court totaling approximately $36 million. Each fee included in the moratorium was discussed and staff was directed to return to the PPC with addtional information on each fee, including where the funds are going, how much is collected, costs of collection, and how the funds are used. The staff report can be accessed here: http://64.166.146.245/agenda_publish.cfm?id=&mt=PBP&get_month=2&get_year=2020&dsp=ag&seq=1555

Referral Update:

In May 2020, the Court completed a discharge from accountability of old criminal cases pursuant to GC 25259.7 – 25259.9. Some of the county moratorium fees met the criteria for discharge under GC 95959.7 and were included in the Court discharge. The discharge was based on one or both of the following: 1) the amount is too small to justify the cost of collection; and 2) the likelihood of collection does not warrant the expense involved.

An updated list of current county moratorium fee balances to be considered for discharge by the County Board of Supervisors has been provided to the County. The total balance outstanding is approximately $26 million. As previously discussed, waiving or suspending the fees collected by the Court is irreversible and would be considered a discharge from accountability for collection of accounts and will require authorization from the Board of Supervisors before such fees can be waived or suspended.

The following table shows the balance by fee type:

Fee	Balance Owed
Cost of Probation Fee	10,830,659
Drug Diversion Fee	410,001
Probation Drug Test Fee	1,135,254
Probation Report Fee	850,430
Public Defender Fee	5,480,669
Sheriff Booking Fee	421,841
Victim Restitution Admin Fee	7,159,973
Grand Total	26,288,827

Per the PPC's request, addtional information on cost collections and each fee included in the moratorium is provided below:

Cost of Collections

For court collected fee revenue, the collection cost through the Court Collection Unit is approximately 3% of total revenue remitted to the County. However, collection costs through the Franchise Tax Board and the Court’s contract collection agency can range from 12.75% to 15% for delinquent accounts.

With regards to the cost of County staff to process abilty-to-pay determinations (Sheriff's Office and Probation Department) and collect fee revenue (Sheriff's Office only), staff is unable to provide a cost estimate. The Sheriff's Office and Probation Department are not currently conducting any cost collection duties and therefore is unable to conduct a time-study to estimate the cost of collection.

Fees Impacted by Moratorium

10% Fee (Victim Restitution Admin Fee)

The County Board of Supervisors authorized an administrative fee equal to 10% of the victim's restitution ordered pursuant to PC 1203.1 and by resolution in 1994. This fee was increased to 15% in 2010. The Court currently imposes the 15% fee on any restitution ordered but not yet paid
at the time of account set-up.

Fiscal Impact: The County receives approximately $80,000 per year from this fee which is used to offset any related collections costs. This revenue is also utilized to fund the County’s subsidy for Court operations to the State of California. Elimination of this fee would not impact collection of Victim Restitution but would result in an increased General Fund to backfill the lost revenue.

California Fingerprint ID Penalty

The California Fingerprint ID Penalty is automatically imposed on all criminal and traffic offenses where a base fine is imposed. This penalty is calculated as $0.50 per every $10, or part of $10, of base fine imposed on the violation. Since the penalty is not a standalone flat fee, it is part of the total fine amount imposed on the violation. This penalty is part of a larger local penalty pursuant to Government Code section 76000(a)(1) which established an additional penalty in each county in the amount of $7 for every $10, or part of $10, upon every fine, penalty, or forfeiture imposed and collected by the courts for all criminal offenses, including all offenses involving a violation of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code.

The Board of Supervisors does not have the authority to eliminate this penalty, but does have the authority to direct the into another local fund authorized under Government Code sections 76100-76110.

Fiscal Impact: The County receives approximately $170,000 per year to support the operation and maintenance of the County’s automated fingerprint equipment. Since the County does not have the authority to eliminate this fee, the County would either keep the current funding in place or the County may deposit the funds into another fund authorized under GC section 76100-76110.

Probation Fees

Probation fees include Cost of Probation, Probation drug test fee, and probation report fee. Probation also receives nominal revenue for a “Probation Drug Diversion Fee” that is an administrative fee ordered for felony drug diversions.

The Court only imposes these probation fees if charged by the County Probation Department. Since County Probation suspended performing ability to pay evaluations and setting up new accounts to charge these fees earlier this year, the Court has not imposed these fees since then. The Court still has a number of existing accounts with probation fees ordered, but these accounts also include other Court-ordered fines and fees, so the Court cannot easily separate out and waive just the balance owed on probation fees ordered.

Fiscal Impact: The collects approximately $540,000 in total probation fee revenue which is used to offset the cost of adult probation supervision. Elimination of these fees would require result in additional costs for the County General Fund.

Drug Diversion Fee

The Court imposes a drug diversion administrative fee for cases where the defendant is sentenced to a pre-trial drug diversion program. This is an administrative fee to cover the costs for processing a defendant on drug diversion.

Fiscal impact: The County collects approximately $110,000 per year in drug diversion fee revenue. This funding does not go to the County’s Alcohol and Other Drugs Division. Like the Victim Restitution Admin fee, this revenue is utilized to fund the County’s subsidy for Court operations to the State of California. Elimination of this fee would not impact drug diversion programs but would result in an increased General Fund to backfill the lost revenue.

Public Defender Fee

The Court imposes a public defender fee for cases where the defendant had a court appointed public defender, and the defendant either waived the right to an ability to pay evaluation or were determined to have the ability to pay the fee. The amount of the fee ranges from $200 to $500 and depends on the complexity of the trial.

Fiscal Impact: Last year the County collected approximately $150,000 in public defender fee revenue. This funding does not go to the Public Defender, but is utilized to fund court related operations, such as capital case costs and certain homicide cases.

Booking Fee

The Court may order an arrestee to pay a booking fee in the amount of $564 as requested by the arresting agency. The Court collects and distributes these booking fees on behalf of the County and several city arresting agencies. The County moratorium only impacts the booking fee imposed for Contra Costa County Sheriff and not booking fees imposed for local arresting agencies, including contract cities.

Fiscal Impact: The Sheriff’s Office earns approximately $20,000 to $40,000 in booking fee revenue. This revenue is to cover expenses incurred with respect to the processing of persons arrested by the Sheriff’s Office.

Custody Alternative Facility (CAF) Fees

The Sheriff’s Office charges CAF fees to participate in the Custody Alternative Facility Program, as an alternative to incarceration. These fees are designed to recover the cost of administering the related programs, such as the Work Alternative Program and Electronic Home Detention.

Fiscal Impact: In FY 18/19 the Sheriff’s Office collected $391,000 in CAF fee revenue. The Sheriff’s Office use the funding primarily fund programs for incarcerated individuals.

Fees not Impacted by Moratorium

Alcohol Test Fee

The Court does not impose an additional $50 penalty pursuant to Penal Code section 1464.14(b) and BOS resolution 88/28 which was suspended by the County moratorium. The Alcohol Test Fee is distributed by the Court pursuant to PC 1463.14(b) which authorizes a distribution of $50 of each fine collected for DUI and Reckless Driving violations to the special County account used for alcohol testing.

Fiscal Impact: No fiscal impact as the moratorium does not suspend this fee. The County collects approximately $80,000 per year in Alcohol Test Fee revenue. This funding is utilized by the Sheriff Office to cover operating and maintenance costs associated with alcohol lab testing.

CAP Fee

The Court does not impose an additional $50 assessment pursuant to PC 1463.16(c) and resolution 88/28 which was suspended by the County moratorium. The CAP Fee is distributed by the Court pursuant to PC 1463.16(a) which authorizes a distribution $50 of each fine collection for DUI and Reckless Driving violations to the County.

Fiscal Impact: No fiscal impact as the moratorium does not suspend this fee. The County collects approximately $80,000 per year in Alcohol Test Fee revenue. This funding is split 50/50 between the Sheriff’s Office and Alcohol and Other Drugs (AOD). utilized by the Sheriff Office to cover operating and maintenance costs associated with Forensic Services Division’s laboratories. The funds support AOD’s alcohol abuse programs.

Alcohol and Drug Assessment Fee

The Court does not impose an Alcohol and Drug Assessment Fee of up to $150 for DUI violations pursuant to Penal Code section 1463.13(d) which was suspended by the County moratorium. The Court imposes an Alcohol Drug Problem Assessment Fee of $100 for DUI violations pursuant to Vehicle Code section 23649.

Fiscal Impact: No fiscal impact as the moratorium does not suspend this fee. The County does collect approximately $180,000 in revenue from this fee which is utilized by Alcohol and Other Drug to support substance abuse education.

Recommendation(s)/Next Step(s):

RECEIVE an report on each fee impacted by the County's moratorium on the collection and assessment of certain criminal justice fees assessed by the County; and
PROVIDE direction to staff to return to the Board of Supervisors for an update on the moratorium, including consideration to approve the discharge from accountability for the impacted accounts and to maintain the existing fund for receiving California Fingerpring ID Penalty revenue.

Fiscal Impact (if any):

Implementation of the moratorium will result in a loss of revenue of approximately $1.5 million. A summary of estimated revenue by fee type is included as Attachment D.

Attachments
Attachment A - BOS Referral on Criminal Justice Fees
Attachment B - Resolution No. 2019/522
Attachment C - Fee Revenue Summary