COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Office of District Attorney

DATE:

May 17, 2004

BOARD MEETING DATE:

June 8, 2004

TO:

Honorable Board of Supervisors

FROM:

James P. Fox, District Attorney

SUBJECT:

Application for Renewal of Victim Compensation and Government Claims Board Criminal Restitution Compact Contract

Recommendation

Adopt a resolution authorizing execution of a contract with the Victim Compensation and Government Claims Board in the amount of $76,109 for the Restitution Program for FY2004-2005.

Background

In January 1997, the State Board of Control established a Restitution Committee to review and discuss statewide restitution and victim's services issues. One result of this effort was that the State Board of Control approached several District Attorneys' Offices in the State and proposed the establishment of Paralegal positions within those offices to collect restitution and monitor the enforcement of court orders. In the fall of 1997, the State Board of Control stated their intent to enter into a contract with San Mateo County to fund a Paralegal position and start the program. Your Board approved an amendment to the Salary Ordinance in December 1997 and an appropriation transfer request in January 1998 to initiate the program in San Mateo County.

Discussion

The Victim Compensation and Government Claims Board has submitted a contract to the District Attorney's Office to continue the Restitution Program in FY2004-2005. The program supports one Paralegal who is responsible for coordinating restitution efforts in the District Attorney's Office. This includes notifying Deputy District Attorneys of cases in which restitution needs to be ordered, tracking the disposition of cases in which restitution has been ordered, and reporting case status to the Victim Compensation and Government Claims Board. Approval of the subject resolution will permit the District Attorney to submit the contract to the Victim Compensation and Government Claims Board for continuance of this program effort.

The purpose of the restitution contract is to seek the imposition of restitution fines and orders for cases in which a victim has filed a claim with the Victim Compensation and Government Claims Board. The Paralegal has increased the restitution orders to 80% due to her early involvement in the cases. In cases where our office receives the claim after sentencing or when the Victim Compensation and Government Claims Board has not determined an amount of loss, the restitution orders drop to 45%.

Vision Alignment

The contract with the Victim Compensation and Government Claims Board keeps the commitment of "Ensuring Basic Health and Safety for All" and goal number 8: "Helping vulnerable people - the aged, disabled, mentally ill, at-risk youth and others - achieve a better quality of life."

Fiscal Impact

The subject contract fully funds the Restitution Program for FY2004-2005. The proposed $76,109 covers salaries and benefits totaling $67,156 and $8,953 in services, supplies, and per capita service charges. The effort under this contract also has a positive fiscal impact for the State because the State obtains reimbursement of funds issued to victims of violent crimes by their Victim of Crimes Program from criminal perpetrators. Assuming approval will be forthcoming, this current Board action will have no fiscal impact on net county cost.