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File #: 09-1137    Version: 1
Type: Agenda Item Status: Approved
File created: 8/25/2009 In control: Board of Supervisors
On agenda: 9/15/2009 Final action: 9/15/2009
Title: Child Support Services Department, Revenue Recovery Division, recommending adoption of Resolution establishing a registration fee in the amount of twenty five dollars ($25.00) for every defendant who requests representation by court appointed counsel in order to offset the costs of administering the indigent defense collection system, as allowed under Penal Code section 987.5. FUNDING: Registration Fees. Resolution 203-2009
Attachments: 1. A - Resolution for Indigent Defense Registration Fee
Related files: 20-0871
Title
Child Support Services Department, Revenue Recovery Division, recommending adoption of Resolution establishing a registration fee in the amount of twenty five dollars ($25.00) for every defendant who requests representation by court appointed counsel in order to offset the costs of administering the indigent defense collection system, as allowed under Penal Code section 987.5.
FUNDING:  Registration Fees.
Resolution 203-2009
Body
Fiscal Impact/Change to Net County Cost:  
Fees collected shall be distributed first to the Revenue Recovery Division to offset collection costs, with any excess to be distributed to other county departments in proportion to the ratio of their costs to the total cost of the operation and administration of the county indigent defense collection system.
 
Background:
Revenue Recovery, a division of Child Support Services, is conducting an Indigent Defense Pilot Program to determine defendant's ability to pay for public defender or conflict panel services.  Pursuant to Penal Code ยง987.5, a registration fee can be established for every defendant who requests representation by court-appointed legal defense to offset the expense to the County.
 
Reason for Recommendation:
Adoption of the resolution is recommended to establish the registration fee and for that fee to be applied to offset the expense to the County to screen a defendant's ability to pay for public defender or conflict panel services.  A fee of $25 is fairly customary in those counties with a similar program. It will not cover all the costs but at least offset some. Revenue Recovery staff will maintain records during the pilot period to evaluate true costs of the program.
 
Action to be taken following Board approval:
Board Clerk to provide copy of signed resolution to Child Support Services, Revenue Recovery Division for distribution and implementation.
 
Contact:  Laura Roth 642-7363
 
Concurrences:  County Counsel prepared the resolution document.