COUNTY OF SAN MATEO

Inter-Departmental Correspondence

SHERIFF'S OFFICE

DATE:

April 18, 2002

BOARD MEETING DATE:

May 7, 2002

TO:

Honorable Board of Supervisors

FROM:

Don Horsley, Sheriff

SUBJECT:

RESOLUTION INCREASING PROGRAM FEES FOR THE SHERIFF'S ELECTRONIC MONITORING PROGRAM (EMP).

Recommendation

Adopt a Resolution authorizing an increase in the Sheriff's Electronic Monitoring Program Fees.

Background

The Sheriff's Office operates an Electronic Monitoring Program (EMP) as an alternative to incarceration. The Electronic Monitoring Program (EMP) allows participants to serve their sentence from home under a strict curfew in lieu of confinement in the Maguire or other County correctional facility. The program is authorized under section 1203.016 of the penal code, and was approved by the Board on December 20, 1994. With the adoption of Resolution No.58974 on January 10, 1995, the Board approved a fee schedule for EMP. This fee has since been increased twice with the last increase in the year 2000. Currently, there are approximately 20 to 25 participants in this program. This program saves the County approximately 7,300 jail bed days annually and generates revenue to partially offset its expenses in the form of program fees, as authorized by the Board under penal code 1208.2(b). The annual direct cost of operating this program is $82,017; various units in the Sheriff's Administration Division provide additional indirect support services.

Discussion

The current EMP fee structure allows for a one-time application fee of $60.00, and daily per-diem fees ranging from $15.00 - $30.00 per day based on a sliding fee scale. Participants must also meet other basic conditions, such as a stable place of residence, minimum basic telephone service to their residence, and either be employed or enrolled fulltime in school. The fees are also charged or waived in compliance with Section 1208.2 of the Penal Code which states that "no person shall be denied consideration for, or be removed from, participation in any of the programs to which this section applies because of an inability to pay all or a portion of the program supervision fees". Since the last fee increase, personnel and operating costs for the Sheriff's Custody Alternative Programs have increased by up to 12%. In order to cover increased program costs related to negotiated labor increases and increased operating costs for vehicles and supplies, it is proposed that these fees be adjusted for the new fiscal year, beginning July 1, 2002.

Vision Alignment

This program is an alternative to being incarcerated. The participants in this program are given the opportunity to live with their families in the community and also retain their regular jobs. They may also learn new skills or improve on their existing skills while in the program. The proposed aligns with Goal number 16 "Residents hold the majority of jobs created in the County", and Goal number 19 "The skill level of new workers rises with improved K-12 education and training options".

County Counsel

County has approved as to form.

Fiscal Impact

The revised fee structure would be effective July 1, 2002. The proposed fees are:

One-time Application Fee $65.00 (+$5.00)

Per-Diem Participation Fee $20.00 - $40.00 (+$5 - $10.00) (See Schedule A below)

The department has conducted an internal cost review, and the pro-rata cost of Electronic Monitoring Program and ancillary department support costs equals or exceeds revenue generated from these fees. We anticipate that combined program fees for FY2002/2003 will total approximately $60,000. The actual fees collected will depend on the participant's financial status and their ability to pay the fees. By express Court policy and statute, we do not deny admittance to any prospective participant in this program due to their ability or inability to pay the fees. Additionally, it is advantageous to keep the program fees affordable for the majority of inmates, so as to encourage maximum participation in the program.

SCHEDULE A

Electronic Monitoring Program

Gross Earnings Per Week

Per Diem Fee

$0.00 - $450.00

$20.00

$451.00 - $650.00

$28.00

$651.00 - $850.00

$36.00

$851 and over

$40.00