RESOLUTION NO. _____________
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BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA
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RESOLUTION INCREASING PER DIEM PROGRAM FEES FOR:
(1) THE SHERIFF’S ELECTRONIC MONITORING PROGRAM (EMP); AND
(2) THE SHERIFF’S WORK FURLOUGH PROGRAM
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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that
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WHEREAS, this Board has authorized the Sheriff to provide a variety of alternative sentencing programs, which include the Work Furlough Program and the Electronic Monitoring Program (EMP), under which any person sentenced to a County correctional facility for a term of 30 days or longer may voluntarily participate in a home detention program in lieu of said confinement; and
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WHEREAS, Penal Code § 1203.016(g) authorizes a Board of Supervisors to prescribe a prescribe a program administrative fee to be paid by each EMP participant, which shall be administered in compliance with Section 1208.2; and
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WHEREAS, Penal Code § 1208.2(b)(1) authorizes a Board of Supervisors to prescribe an application fee and a per diem program administrative fee to be paid by persons electing to participate in said Work Furlough Program or EMP, which fees shall not exceed the pro rata cost of the program to which the person is accepted, including equipment, supervision, and other operating costs; and
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WHEREAS, Penal Code §1208.2 provides that the Sheriff shall not consider a person's ability or inability to pay the program fee for the purposes of granting or denying a person's participation in the Work Furlough Program or the EMP, that the Sheriff shall have the option to waive the fees for program supervision when deemed in the interests of justice, and that the fees charged for program supervision may be modified or waived at any time based on the changing financial position of the person; and
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WHEREAS, the Sheriff has developed a sliding scale which is attached hereto and incorporated by this reference as Exhibit A to this resolution, which sets the charges on said fees based on the ability to pay 35% of the participant’s weekly gross pay, which further reduces said charge based on the participant’s actual expenses, and which, in some cases, entirely waives the participant’s payment of the fee; and
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WHEREAS, the Sheriff has advised that the current per diem program administrative fee for the Work Furlough Program and the EMP do not cover the County’s costs of operating those programs, has requested that said per diem program administrative fee for said programs be revised to reflect the increased cost of operation of the programs, and has certified that the fees do not exceed the actual cost of operation of the said programs; and
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WHEREAS, this Board finds that it is necessary and desirable to increase sheriff’s EMP fees commensurate with increased operating costs;
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NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED THAT; Effective upon the adoption of this resolution, the Work Furlough and EMP per-diem program administrative fees shall be set at $50.00
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IT IS HEREBY FURTHER DETERMINED AND ORDERED THAT the charges on said per diem program administrative fees shall be based on the Sheriff’s designee’s determination of the participant’s current ability to pay the fees, and that a person's ability or inability to pay the program fee shall not be considered for the purposes of granting or denying a person's participation in the Work Furlough Program or the EMP.
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