COUNTY OF SAN MATEO

Inter-Departmental Correspondence

DATE:

July 1, 2003

BOARD MEETING DATE:

August 5, 2003

TO:

Honorable Members of the Board

FROM:

District Attorney Jim Fox

Sheriff Don Horsley

SUBJECT:

Approve Spending Plan for FY 2003-04 SLESF Allocations

Recommendation

Adopt a Resolution approving a FY 2003-04 Spending Plan for State Law Enforcement Supplemental Fund (SLESF), permitting the District Attorney to receive a 5.15% allocation for criminal prosecution, and the Sheriff to receive a 5.15% allocation for jail operations and a proportional allocation of countywide front-line law enforcement funds for the SHOP Program, pursuant to Government Code §30061 GC, as amended by SB736 (Poochigan) in September, 2001.

Background

Section 30061 of the Government Code is the authority for allocation of State Law Enforcement Supplemental Fund (SLESF) monies, also known as "State COPS funds." These monies come to the County and cities annually, and are distributed among four separate program areas: a) the Sheriff receives 5.15% to support jail construction or operations activities; b) the District Attorney receives 5.15% of the allocation to support criminal prosecution activities; c) 39.7% is allocated for front-line law enforcement activities in all cities and in the county unincorporated area; and d) 50% is allocated to the Juvenile Justice Plan (CPA 2003), administered by the Board through the Chief Probation Officer. The District Attorney receives criminal prosecution funding under "b", and the Sheriff receives jail support funding ("a") and a portion of front-line law enforcement funds ("c"), related to the unincorporated area of the County.

Current Statute

Prior to September 2001, spending plans were required to be approved for "c" and "d" above only. Effective September 2001, legislation removed the sunset clause, extended SLESF funding indefinitely, and required that spending plans for all components of the funding be approved by the Board of Supervisors by September of each year, and on file with the County Controller's Office prior to funds being transferred to a particular jurisdiction. The requirements for allocation of the monies to criminal prosecution remain unchanged. As of this date, we have been advised that the FY 2003-04 State COPS funding allocations in the proposed State Budget now under consideration in the legislature remain intact.

Spending Plan & Fiscal Impact

The District Attorney's allocation for criminal prosecution, under 30061 (b) (2) is used to finance the cost of one Deputy District Attorney and the partial cost of one DA Inspector position. The FY 2003-04 allocation for the District Attorney will be approximately $237,000. The Sheriff's allocation for jail operations, under 36001 (b) (1) is used to offset the cost of two Deputies and various operating expenses for the Sheriff's jail facilities. The FY 2003-04 allocation for the Sheriffs jail operations is identical to the District Attorney's, at $237,000. The front-line law enforcement portion under 36001 (b) (3) is distributed to all city jurisdictions for incorporated area services and to the Sheriff for the unincorporated area. The Sheriff's FY 2003-04 allocation will be approximately $117,000. This allocation has, since inception, been allocated to fund the cost of a detective for the Sexual Habitual Offender Program (SHOP). These annual funding uses and amounts have been quite stable over the last seven years since SLESF was first enacted. The spending allocations are already included within the Sheriff and District Attorney's FY 2003-04 Recommended budgets, and help reduce the net County cost of these two departments. A separate spending plan for the CPA 2003-04 allocation, which involves a more complex distribution program, will be brought to the Board by the Chief Probation Officer.

Vision Alignment

The SLESF allocations for these services help keep the commitment of Ensuring Basic Health and Safety for All through goal number 7: Maintaining and enhancing the public safety of all residents and visitors.

County Counsel has reviewed the legislation in question, and has approved this Resolution as to legal form.

cc Deborah Penny Bennett, Deputy District Attorney

Ramen Prasad, Controller's Office SLESF Coordinator