File #: 15-1425    Version:
Type: Agenda Item Status: Approved
File created: 12/1/2015 In control: Board of Supervisors
On agenda: 12/12/2017 Final action: 12/12/2017
Title: Probation Department recommending the Board adopt and authorize the Chair to sign Resolution 186-2017 to: 1) Rescind Resolution 016-2016 upon the implementation of Senate Bill 190 and update the consolidated fee schedule to become effective January 1, 2018; and 2) To supersede all previous Probation Department fee schedule Resolutions, excluding Resolution 251-2006, which shall remain unaffected. FUNDING: Revenue reduction.
Attachments: 1. 2A - 1.1.18 Fee Schedule Reso, Blue 12/12/17, 2. 2B - 1.1.18 Fee Schedule Reso 12/12/17, 3. 2C - Senate Bill 190 12/12/17, 4. Executed Resolution 186-2017, 5. A - Blue, Fee Schedule Reso 2-9-16, 6. B - Fee Schedule Reso 2-9-16, 7. C - Fee Summary 2-9-16, 8. Executed Resolution 016-2016 (2-9-16)
Related files: 06-1219
...Title
Probation Department recommending the Board adopt and authorize the Chair to sign Resolution 186-2017 to:
1) Rescind Resolution 016-2016 upon the implementation of Senate Bill 190 and update the consolidated fee schedule to become effective January 1, 2018; and
2) To supersede all previous Probation Department fee schedule Resolutions, excluding Resolution 251-2006, which shall remain unaffected.

FUNDING: Revenue reduction.
Body
DEPARTMENT RECOMMENDATION
Probation Department recommending the Board rescind Resolution 016-2016 and adopt a revised resolution to establish an updated consolidated fee schedule, effective January 1, 2018 due to the implementation of Senate Bill 190, which eliminated the ability of counties to charge user fees for juvenile probation services.

DISCUSSION / BACKGROUND
Government Code Section 54985 authorizes the Board of Supervisors to adopt fees and charges. The Board adopted Resolution 016-2016 on February 9, 2016, item 24. The resolution includes references to the statutory fee authority from either the Penal Code (PC) or Welfare and Institutions Code (WIC) which, in some cases, caps the amount charged. The majority of the fees identified are ordered by the Court based on the responsible party’s ability to pay. The Court has the authority to assess the maximum fee as identified in the resolution, reduce the fee or waive it completely.

With the upcoming implementation of Senate Bill 190 effective January 1, 2018, the Government, Penal, and Welfare and Institution Codes will be amended, removing Counties' authority to assess Juvenile Detention, Electronic Monitoring, Supervision, and Drug Testing fees within the juvenile delinquency system. As a result, the Probation Department's fee schedule must be revised to remove these fees. This resolution does not increase any fee previously adopted. The Probation Department will continue to assess the above juvenile fees as ordered by the Superior Court through December 31, 2017...

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