COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Sheriff’s Office

DATE:

April 12,2011

BOARD MEETING DATE:

June 7, 2011

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Sheriff Greg Munks

SUBJECT:

FY 2011-12 Jail Access Fee

RECOMMENDATION:

Adopt a Resolution increasing the Sheriff’s Office Jail Access Fee by $37 to $340 for FY 2011-12, pursuant to Government Code Sections 29551-29552.

BACKGROUND:

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 to collect fees at the rate in place on June 30, 2006, escalated by the California Consumer Price Index plus one percent, compounded annually. This rate requires an adjustment in proportion to the amount of the State’s 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 2011, 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 $409.21. In FY 2010-11, the rate was increased from $246 to $303. For FY 2011-12, the Sheriff is proposing to charge $340, which is the amount projected to recover the current shortage in state funding for the booking fee. Due to the recommended increase in the jail access fee, the Sheriff is proposing to forgo charging of the booking fee.

There are uncertainties at the state level that may impact cities in regards to the charging of booking fees. The Governor’s budget does not provide for a general fund appropriation for the booking fee and the VLF increase sunsets on June 30^th, 2011. If the State no longer funds the booking fee, the Sheriff may reinstitute charging the cities for each booking at a rate that is in alignment with Government Code Section 29551.

A letter notifying local police agencies of this public hearing 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(s):

Measure

FY 2009-10

Actual

FY 2010-11

Projected

Number of persons booked into custody

16,588

17,500

FISCAL IMPACT:

Estimated Booking Fee and Jail Access Fee revenues of $595,448 are included in the Sheriff’s Office Budget for FY 2011-12.

There is no Net County Cost.