COUNTY OF SAN MATEO

Inter-Departmental Correspondence

SHERIFF’S OFFICE

DATE:

May 22, 2009

BOARD MEETING DATE:

July 16, 2009

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

4/5ths

TO:

Honorable Board of Supervisors

FROM:

Sheriff Greg Munks

SUBJECT:

FY 2009-10 Jail Access Fee

RECOMMENDATION:

Adopt a Resolution increasing the Sheriff’s Office Jail Access Fee to $246 for FY09-10.

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 government effectively communicate, collaborate, and develop strategic approaches to issues affecting the entire County

BACKGROUND:

Until July 1, 2007, arresting law enforcement agencies were reimbursed by the State for “booking fees” paid to counties for the cost of booking arrestees. In 2007, the booking fee model was replaced with a State appropriation to a Local Detention Facilities Fund (“Fund”). Each county receives an annual appropriation from the Fund, based on the booking fee revenue recorded in the 2006-07 fiscal year. As outlined in Government Code §29551 (d), in any fiscal year in which the appropriation for the purposes of Section 29552 is less than $35 million dollars, the County is authorized to take the following actions:

1.

Charge a booking fee, that is the adjusted rate as provided in Government Code

29551 (e), in proportion to the amount that the amount appropriated is less than $35

million; and

2.

Charge a jail access fee for bookings for misdemeanor violations, except for driving

under the influence offenses and domestic violence misdemeanor offenses (including

enforcement of protective orders), if a jurisdiction exceeds its prior three-year average

for that defined universe of offenses.

DISCUSSION:

While the State budget for FY09-10 includes a 10% cut to the fund which would allow for counties to charge a prorated booking fee, we recommend against the imposition of the booking fee. Under current circumstances, the booking fee would be limited to approximately $11.65 per booking. Instead of charging the prorated booking fee, the Sheriff is proposing to use the jail access fee to fill the gap in state funding.

While state law has capped booking fees at 50% of the cost of booking an inmate in 2006, the Jail Access Fee is based on the actual cost of a booking. The Sheriff’s Office contracted with MGT of America, Inc. to calculate the current cost of an actual booking. The study determined that the actual cost is $303.65 which is a 41% increase from the rate currently charged to Cities ($215). To mitigate the financial impact of this increase, the Sheriff is proposing to charge a jail access fee in an amount that would recover the under-appropriation at the State level for booking fees. Based on the current rate of bookings, a jail access fee of $246 will cover the under-appropriation from the States Local Detention Facility Revenue Account which is estimated at $75,865.

A letter notifying local police agencies of this public hearing was sent within the 45-day requirement as set forth in Government Code 29550.

Fiscal Impact.

Estimated Booking Fee and Jail Access Fee revenues are included in the Sheriff’s Office budget for FY2009-10.

There is no Net County Cost.