COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Sheriff’s Office

DATE:

August 25, 2008

BOARD MEETING DATE:

September 9, 2008

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Two-Thirds

TO:

Honorable Board of Supervisors

FROM:

Greg Munks, Sheriff

SUBJECT:

FY 2008-09 Jail Access Fee

RECOMMENDATION:

Adopt a Resolution extending the Sheriff’s Office Jail Access Fee of $215, pursuant to AB 1805, Government Code 29551-29552.

VISION ALIGNMENT:

Commitments: Ensure basic health and safety for all; and Responsive, effective, and collaborative government.

Goals 7 and 22: Maintain and enhance the public safety of all residents and visitors; and County and local governments effectively communicate, collaborate, and develop strategic approaches to issues affecting the entire County.

BACKGROUND:

AB 1805 Government Code 29551-29552 alters the traditional booking fee construct and replaces it with a State appropriation to a Local Detention Facilities Fund. In years where the State fails to fund the Local Detention Facilities Fund at the statutory minimum of $35 million, the statute allows counties, with governing board approval, to charge a Jail Access Fee to arresting agencies for any qualified misdemeanor bookings above a rolling three year average. The Jail Access Fee, in accordance with the statute, is set at a cost not to exceed the actual cost of a booking, determined by a certified accountant.

On November 27, 2007, your Board adopted the Jail Access Fee for Fiscal Year 2007-2008 in accordance with AB 1805 Government Code 29551-29552.

With this Resolution, the Sheriff is not seeking a new or increased fee, but only an extension of the previously-approved Jail Access Fee until the State decides what amount it will appropriate for the Local Detention Facilities Fund.

DISCUSSION:

The delayed adoption of the State budget for FY 2008-09 means the State Local Detention Facilities Fund appropriation to San Mateo County is still unknown. Since the Jail Access Fee is conditioned upon a statewide appropriation of no less than $35 million to the Local Detention Facilities Fund, the Sheriff wishes to extend the Jail Access Fee in lieu of a booking fee until the State adopts a budget.

The Jail Access Fee is based on the actual cost of booking, which was last calculated by a certified accountant in 2005. If the State continues to fund the Local Detention Facilities Fund, the Sheriff will update this calculation Spring 2009. The booking fee, if reinstituted under current AB 1805 guidelines, is based on the rate charged on June 30, 2006 ($107 which represents 50% of the actual cost of booking that year) and can be increased by California Consumer Price Index plus one percent. Given the unknown of the future of the Jail Access Fee and booking fee, the Sheriff recommends extending the existing Jail Access Fee and continuing the “no booking fee” construct.

The Sheriff expects to return to the Board after the State adopts its FY 2008-09 budget to extend the existing Jail Access Fee for the remainder of the fiscal year. Alternately, if the State fails to adequately fund the Local Detention Facilities Fund, the Sheriff will return to the Board with a recommendation in compliance with AB 1805.

In a letter to each local agency police chief, dated July 25, 2008, the Sheriff communicated the extension of the Jail Access Fee under the provision of AB 1805 until and unless the State budget does not include a renewed, minimum appropriation to the Local Detention Facilities Fund. The letter also included the updated 3-year reference table.

This is a public hearing pursuant to Government Code sections 29550 and 54952.2. County Counsel has reviewed and approved this report and resolution as to form.

FISCAL IMPACT:

There is no net county cost.