COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Sheriff’s Office

DATE:

April 30, 2010

BOARD MEETING DATE:

May 25, 2010

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Sheriff Greg Munks

SUBJECT:

FY 2010-11 Jail Access Fee

RECOMMENDATION:

Adopt a Resolution increasing the Sheriff’s Office Jail Access Fee by $57 to $303 for FY 2010-11, pursuant to Government Code Section 29551-29552.

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. The booking fee was intended to permit a county to recoup its actual costs associated with the booking and other processing of persons arrested by peace officers and brought to the county jail for booking or detention. In 1999, the Legislature took action to continuously appropriate funding to backfill cities and qualified special districts for their costs associated with paying booking fees to counties. On July 1, 2007, the backfill to cities and special districts ceased and a new alternative to the booking fee structure became operative whereby counties, subject to an appropriation by the state, received $35 million directly in local detention facility revenue accounts. Under the current booking fee alternative (Government Code Section 29551 (d)), the following applies:

• In the event that the state appropriates less than $35 million in any given year, counties would have the option of reverting to the existing booking fee structure in Section 29550 to collect fees at the rate in place on June 30, 2006, escalated by the California Consumer Price Index plus one percent, compounded annually – in proportion to the level of under appropriation.

• Counties would be permitted to charge a jail access fee for certain low-level offenses (i.e. municipal code violations and certain non-serious misdemeanors), if a jurisdiction were to exceed its prior three-year average for that defined universe of offenses. The rate charged shall not exceed the actual cost of booking an arrested person into the local detention facility.

DISCUSSION:

In 2009, the funding for booking fees changed from a state general fund appropriation to an allocation from the volatile Vehicle License Fee. Due to consistent shortfalls in vehicle license revenues, the County’s receipts for booking fees are far below the amount previously anticipated. As in previous fiscal years, the Sheriff proposes to charge the Jail Access Fee at a level that is projected to cover the under-appropriation in state funding for the booking fee.

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. In 2009, the Sheriff’s Office contracted with MGT of America, Inc. to calculate the cost of an actual booking. The study determined that the actual cost is $303.65. In FY 2009-10, the rate was increased from $215 to $246. For FY 2010-11, the Sheriff is proposing to charge $303.

The pro-rated booking fee would be limited to approximately $11.65 per booking. Due to the recommended increase in the Jail Access Fee, the Sheriff is proposing to forgo charging of the booking fee that is allowed due to the state’s under-appropriation and continue to charge only the Jail Access Fee.

A letter notifying local police agencies of this public meeting to adopt the Jail Access Fee increase was sent within the 45-day requirement as set forth in Government Code Section 29550.

County Counsel has reviewed and approved the resolution as to form.

Approval of this fee increase contributes to the Shared Vision 2025 outcome of a Healthy Community by maintaining the public safety of all residents and visitors as well as continuing seamless services within the County’s correctional facilities.

PERFORMANCE MEASURE:

Measure

FY 2008-09
Actual

FY 2009-10
Projected

Number of persons booked into custody

18,398

16,728

FISCAL IMPACT:

Jail Access Fee revenue is estimated to be $80,000 and has been included in the Sheriff’s Office Budget for FY 2010-11. There is no Net County Cost.