Agenda

Return

C. 64

To:	Board of Supervisors
From:	David Twa, County Administrator
Date:	September 22, 2015

Contra

Costa

County

Subject:

ESTABLISH NEW FUND TO ACCOUNT FOR FINES COLLECTED ON CONVICTIONS RELATED TO OBSCENE MATTER INVOLVING MINORS

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 09/22/2015

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:	Julie DiMaggio Enea 925.335.1077
cc:	Auditor-Controller County Finance Director CAO-Justice CAO-Originator

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: September 22, 2015
,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Auditor-Controller to establish new fund number 115400, "Obscene Matter-Minors" as required by California Penal Code, within Agency 22, for the deposit of fines collected on violations of offenses relating to obscene matter involving minors, in which the violation is committed on or via government property or equipment.

FISCAL IMPACT:

Since AB 20, Statutes of 2013, went into effect, a total of $100 has been collected and distributed by the Superior Court to the County pursuant to Penal Code section 311.12. The statute does not require this fund to be interest-bearing, therefore, all interest earnings will be credited to the County General Fund.

BACKGROUND:

AB 20, Statutes of 2013, provides that every person who is convicted of an offense that involves the production, use, possession, control, advertising, transportation, or distribution of matter or image that depicts a person under 18 years of age personally engaging in or simulating sexual conduct, as defined in subdivision (d) of Section 311.4, in which the violation is committed on, or via, a government-owned computer or via a government-owned computer network, shall, in addition to any imprisonment or fine imposed for the commission of the underlying offense, be punished by a fine not exceeding two thousand dollars ($2,000), unless the court determines that the defendant does not have the ability to pay. The bill provides that revenue from any fines collected would be transferred for deposit into a county fund established for that purpose and allocated as follows:

(1) One-third for sexual assault investigator training .
(2) One-third for public agencies and nonprofit corporations that provide shelter, counseling, or other direct services for victims of human trafficking .
(3) One-third for multi-disciplinary teams.

Approval of this Board Order will provide the necessary direction to the County Auditor's Office to establish the fund as required.

CONSEQUENCE OF NEGATIVE ACTION:

If the County does not establish the new fund, it will not be in compliance with State law with respect to accounting for collections pursuant to Penal Code section 311.12.

CHILDREN'S IMPACT STATEMENT:

This action supports the following children's outcome: Communities that are Safe and Provide a High Quality of Life for Children and Families.