COUNTY OF SAN MATEO

Inter-Departmental Correspondence

PROBATION DEPARTMENT

 

DATE:

6/12/03

BOARD MEETING DATE:

8/12/03

 

TO:

Honorable Board of Supervisors

FROM:

Loren Buddress, Chief Probation Officer

SUBJECT:

Authorization of Fees for Probation Services rendered to petitioners for changes of plea, conviction dismissals and record sealings per Sections 1203.4 and 1203.45 of the Penal Code and Section 903.3 of the Welfare and Institutions Code

 

Recommendation

Adopt a Resolution authorizing the Probation Department to collect from petitioners a one-time fee of one hundred dollars ($100) for reimbursement for services rendered under Section 1203.4 and 1203.45 of the Penal Code and 903.3 of the Welfare and Institutions Code.

 

Background

Section 1203.4 of the Penal Code allows, with noted exceptions, a person who has successfully completed a term of probation or at the courts discretion in the interest of justice to petition the court, at any time after the termination, for relief under this section. The petitioner, however, may not be serving a sentence, on probation for any offense, or charged with the commission of any offense. Should the petitioner meet these qualifications, he or she shall be permitted by the court to withdraw a plea of guilty or nolo contendere and enter a plea of not guilty. If the matter was a conviction, the court shall set aside the guilty verdict. In either case the court shall thereupon dismiss the accusations against the defendant, and with noted exceptions, the defendant shall be released from all penalties and disabilities resulting from the offense.

 

Section 1203.45 of the Penal Code indicates that in any case, with noted exceptions, in which a person was under the age of 18 years at the time of commission of a misdemeanor and is eligible for, or has received relief per Section 1203.4 or 1203.4a may petition the court for an order sealing the record of conviction and other official records in the case. If the court finds the petitioner eligible for relief, it may issue such an order and the conviction, arrest, or other proceedings shall be deemed not to have occurred.

 

Section 903.3 of the Welfare and Institutions Code indicates that the person liable for the support of a minor, the petitioner themselves if they are an adult, or the estate of those persons shall, unless indigent, be liable for the cost to the county for any investigation related to the sealing and for the sealing of any juvenile court or arrest records pursuant to Section 781 of the Welfare and Institutions Code. The actual cost of sealing records, setting aside verdicts, and petitioning for a change of plea is $138.62 in Probation staff time.

 

Petitioners under these sections may be required to reimburse the county for the actual cost of services rendered, whether or not the petition is granted. Costs are set by the county board of supervisors and are not to exceed one hundred and twenty dollars ($120.) Ability to make reimbursement shall be determined by the court using the standards set forth in Section 987.8 (2)(g) and shall not be a prerequisite to a person’s eligibility to apply under these sections. The court may order reimbursement in any case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the cost for service.

 

Discussion

1) Sealing Fee Increase: The Board’s approval is required for the change and/or implementation of fees under the code sections previously noted. The recommended resolution increases the current one-time fee of sixty dollars ($60) to one hundred dollars ($100) for petitioning a Juvenile Court sealing. In addition, the Board of Supervisors must determine the reimbursement rate for petitions in Adult Criminal Court for changes in plea and/or to set aside a verdict. This increase is more in line with today’s costs. It also establishes the same one hundred dollar ($100) fee for petitioners in all other courts. This fee increase applies to both the Juvenile and Adult Superior, and Limited Jurisdiction Courts in San Mateo County.

 

2) Increasing Other Service Fees: The Probation Department, with the approval of the Courts, has reviewed and updated the schedule for all other services that are fee eligible per code, and not requiring Board of Supervisor approval. The following table is submitted to the Board of Supervisors for informational purposes and indicates the scope of the new fee schedule that has been approved by the Court, reviewed by County Council, and will become effective July 1, 2003.

 

SERVICE

CURRENT FEE

NEW FEE

ADULT SUPERVISION FEES

$360

$75 per month

DEFERRED ENTRY OF JUDGMENT

*F$150/M$100 one-time

*F$200/M$150

DIVERSION FEE

*F$150/M$100 one-time

*F$200/M$150

PRESENTENCE REPORT FEE

0

$225 one-time

HOME SUPERVISION FEES

0

$10 per day

SERVICE

CURRENT FEE

NEW FEE

JUVENILE HALL CARE

$20.70 per day

$26.89 per day

CAMP GLENWOOD CARE

$21.79 per day

$26.89 per day

 

*F=FELONY, M=MISDEMEANOR

 
 

These new and increased fees will be used to help offset a portion of the actual cost of providing probation services. The Court has the authority to modify the fee according to the standards determining the ability to pay, per Section 987.7 of the Penal Code.

 

Vision Alignment

In keeping with the County’s Shared Vision 2010 the requested fees will support the following goals:

 
 

• Goal 6, Children grow up healthy in safe and supportive homes and neighborhoods

 

• Goal 7, Maintain and enhance the public safety of all residents and visitors

 

• Goal 8, Help vulnerable people --…at-risk youth and others – achieve a better quality of life.

 

The Vision of the Probation Department is to provide programs that effectively deal with offender accountability, rehabilitation, and reparation to victims and the community. With adequate resources the Probation Department and the justice system will be able to make significant changes to offender behavior to prevent further contact, and aide them in developing tools that will enable them to have a better quality of life that continues through their lifetime. The bottom line benefit to all is the reduction in crime, safer neighborhoods, and enhancement of public safety.

 

Fiscal Impact

Approval of the recommended resolution relating to the sealing fees will increase the Probation Department’s annual revenue by an estimated twelve thousand and two hundred dollars ($12,200.)

 

The implementation of the fees noted in the table will increase the Probation Department’s annual revenue by an estimated five hundred and fifty-nine thousand, two hundred and eighty-one dollars ($559,281.) The total estimated revenue increase for all fees is five hundred and seventy-one thousand, four hundred and eighty-one dollars ($571,481) and has been included in the Recommended FY 03/04 budget.