COUNTY OF SAN MATEO
Inter-Departmental Correspondence

SHERIFF’S OFFICE

DATE:

September 6, 2006

BOARD MEETING DATE:

September 26, 2006

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Sheriff Don Horsley

SUBJECT:

DISCHARGE FROM ACCOUNTABILITY FOR THE COLLECTION OF DELINQUENT ACCOUNTS FROM FORMER PARTICIPANTS IN THE SHERIFF’S WORK PROGRAM

RECOMMENDATION

Adopt a resolution Discharging the Sheriff of San Mateo County From Accountability for Collection of Delinquent Accounts from former participants in the Sheriff's Work Program (SWP) in the amount of $3,883.00

VISION ALIGNMENT

The Sheriff’s Work 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. The proposed aligns with Goal numbers 7 & 8. This ensures basic health and safety for all and that no hardship is brought to the vulnerable citizens of the County, and that they are given an opportunity to achieve a better quality of life in the community.

BACKGROUND

As an alternative to incarceration, the Sheriff’s Work Program (SWP), allows participants to report on scheduled days to designated work sites where they perform public service and to return home in the evening. Participants are currently charged a $60 application fee, $20 per diem rate for each day they participated in the program and a rescheduling fee of $35.00. The Board of Supervisors in Resolution No. 65244 approved these fees on May 7, 2002.

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.” The department does, however, make a reasonable effort to collect all revenue, and also complies with the County policy by forwarding all delinquent accounts exceeding $50 to the County Revenue Services Department.

The accounts for which we are requesting Discharge from Accountability have proved uncollectable through department efforts, and the requested Board action will clear them from our accounts receivable. Revenue services will not process these accounts, as it is not cost-effective to attempt collection of less than $50.

This is for the period July 1, 2004 to June 30, 2006.

DISCUSSION

The Sheriff's Office is requesting authorization to clear these uncollectable fees from its books. California Government Code 25257 provides that any county officer who is charged by law with the collection of money which is due and payable to the county may apply to the board of supervisors for a discharge from accountability for the collection thereof if the amount is too small to justify the cost of collection, the likelihood of collection does not warrant the expense involved, or the amount thereof has been otherwise lawfully compromised or adjusted. The Sheriff is requesting approval for a discharge of accountability for accounts that have proved uncollectable through department efforts, and the requested Board action will clear them from our accounts receivable. County Revenue Services will not process these accounts, as it is not cost-effective to attempt collection of amounts less than $50.

FISCAL IMPACT

There is no impact on the County’s General fund, as these fees were not budgeted to be collected as revenue

cc. D. Penny Bennett, Deputy County Counsel