BILL ANALYSIS
AB 676
Page 1
Date of Hearing: July 7, 2009
Counsel: Nicole J. Hanson
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Juan Arambula, Chair
SB 676 (Wolk) - As Amended: June 25, 2009
As Proposed to be Amended in Committee
SUMMARY : Increases or eliminates the maximum fee for various
services provided by the county, city or court. Specifically,
this bill :
1)Deletes the $15 limitation on the fee that may be charged by a
county recorder acting as a filing officer under the Uniform
Federal Lien Registration Act when he or she issues a
certificate showing whether there is on file any notice of a
federal lien or certificate showing whether there is on file
any notice of a federal lien or certificate or notice
affecting any federal lien filed pursuant to the act or as
specified.
2)Asks the Department of Fish and Game to impose and collect a
fee to defray the costs of managing and protecting fish and
wildlife trust resources and authorizes the county clerk to
charge a documentary handling fee of $75 per a filing, in
addition to the fees charged by the department.
3)Authorizes the county recorder of each county to charge a fee
not to exceed $10 for the first page and $3 for each
additional page for recording and indexing every instrument,
paper, or notice required or permitted to be recorded, as
specified.
4)Increases the registration fee to $50 when a defendant is
represented by appointed counsel, but the fee shall not be
required of any defendant that is financially unable to pay
it.
5)Provides that if the court orders restitution to be made to
the victim, the board of supervisors may add a fee to cover
the actual administrative cost of collecting restitution, but
not to exceed 15% of the total amount ordered to be paid. The
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fees shall be paid into the general fund of the county
treasury for the use and benefit of the county.
6)Permits the board of supervisors in any county, by resolution,
to establish a fee for the processing of payments made in
installments to the probation department, not to exceed the
administrative and clerical costs of the collection of those
installment payments as determined by the board of
supervisors, except that the fee shall not exceed $75.
7)States that a person who petitions for a change of plea or
setting aside of a verdict under this section may be required
to reimburse the court for the actual costs of services
rendered, whether or not the petition is granted and the
records are sealed or expunged, at a rate to be determined by
the court, and to reimburse the county for the actual costs of
services rendered, whether or not the petition is granted and
the records are sealed or expunged, at a rate to be determined
by the county board of supervisors, and to reimburse any city
for the actual costs of services rendered, whether or not the
petition is granted and the records are sealed or expunged, at
a rate to be determined by the council.
8)A person who petitions for an order sealing a record under
this section may be required to reimburse the court for the
actual cost of services rendered, whether or not the petition
is granted and the records are sealed or expunged, at a rate
to be determined by the court not to exceed $150, and to
reimburse the county for the actual cost of services rendered,
whether or not the petition is granted and the records are
sealed or expunged, at a rate to be determined by the county
board of supervisors not to exceed $150, and to reimburse any
city for the actual cost of services rendered, whether or not
the petition is granted and the records are sealed or
expunged, at a rate to be determined by the city council not
to exceed $150. Ability to make this reimbursement shall be
determined by the court and shall not be a prerequisite to a
person's eligibility under this section. The court may order
reimbursement in a case in which the petitioner appears to
have the ability to pay, without undue hardship, all or any
portion of the cost for services established pursuant to this
subdivision.
9)Demands that a defendant pay to the clerk of the court or the
collecting agency a fee for the processing of installment
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accounts. This fee shall equal the administrative and
clerical costs, as determined by the board of supervisors.
10)Removes the limit on the fee a local agency may charge to
take fingerprints and process the required documents of a
person who is an applicant for licensing, employment, or
certification.
11)Authorizes a county to levy charges for reasonable costs of
support of a minor against the father, mother, spouse or other
person, while the minor is placed, or detained in, or
committed to, any institution or other place, or pursuant to
an order of the juvenile court. Costs of support to actual
costs incurred by the county for food and food preparation,
clothing, personal supplies, and medical expenses shall not
exceed a maximum cost of $30 per day.
12)Removes the maximum amount the county board of supervisors or
court may charge for filing a petition to seal or expunge a
criminal record of a minor.
13) Provides that in the event a petition is filed for an order
sealing a record, the father, mother, spouse, or other person
liable for the support of a minor, that person if he or she is
an adult, or the estate of that person, may be required to
reimburse the county and court for the actual cost of services
rendered, whether or not the petition is granted and the
records are sealed or expunged, at a rate to be determined by
the county board of supervisors for the county and by the
court for the court, not to exceed $150.
EXISTING LAW :
1)Provides that upon the request of any person, the filing
officer acting under the Uniform Federal Lien Registration Act
shall issue a certificate showing whether there is on file, on
the date and hour stated therein, any notice of lien or
certificate or notice affecting any lien filed after January
1, 1968, naming a particular person, and if a notice or
certificate is on file, giving the date and hour of filing of
each notice or certificate. Upon request, the filing officer
shall furnish a copy of any notice of federal lien, or notice
or certificate affecting a federal lien. If the filing
officer is a county recorder, the fee for a certificate for
each name searched shall be set by the filing officer in an
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amount that covers actual costs, but that, in no event,
exceeds $15, and the fee for copies shall be in accordance
with existing law. If the filing officer is the Secretary of
State, the certificate shall be issued as part of a combined
certificate, and the fee for the certificate and copies shall
be in accordance with that section. [Code of Civil Procedure
Section 2103(d).]
2)Allows the Department of Fish and Game to impose and collect a
fee to defray the costs of managing and protecting fish and
wildlife trust resources and authorizes the county clerk to
charge a documentary handling fee of $50 per a filing, in
addition to the fees charged by the department. [Fish and
Game Code Section 711.4(e).]
3)Permits the county recorder of each county to charge a fee of
$4 for the first page and $3 for each additional page for
recording and indexing every instrument, paper, or notice
required or permitted to be recorded, as specified.
[Government Code Section 27361(a).]
4)States that every defendant shall be assessed a registration
fee not to exceed $25 when represented by appointed counsel.
Notwithstanding this subdivision, no fee shall be required of
any defendant financially unable to pay the fee. [Penal Code
Section 987.5(a).]
5)Provides that court orders of restitution to be made to the
victim, the board of supervisors may add a fee to cover the
actual administrative cost of collecting restitution, but not
to exceed 10 percent of the total amount ordered to be paid.
The fees shall be paid into the general fund of the county
treasury for the use and benefit of the county. [Penal Code
Section 1203.1(l).]
6)Allows the board of supervisors in any county, by resolution,
may establish a fee for the processing of payments made in
installments to the probation department pursuant to this
section, not to exceed the administrative and clerical costs
of the collection of those installment payments as determined
by the board of supervisors, except that the fee shall not
exceed $50. [Penal Code Section 1203.1b(h).]
7)Charges a person who petitions for a change of plea or setting
aside of a verdict under this section may be required to
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reimburse the court for the actual costs of services rendered,
whether or not the petition is granted and the records are
sealed or expunged, at a rate to be determined by the court
not to exceed $120, and to reimburse the county for the actual
costs of services rendered, whether or not the petition is
granted and the records are sealed or expunged, at a rate to
be determined by the county board of supervisors not to exceed
$120, and to reimburse any city for the actual costs of
services rendered, whether or not the petition is granted and
the records are sealed or expunged, at a rate to be determined
by the city council not to exceed $120. [Penal Code Section
1203.4(d).]
8)Charges person who petitions for an order sealing a record to
reimburse the court for the actual cost of services rendered,
whether or not the petition is granted and the records are
sealed or expunged, at a rate to be determined by the court
not to exceed $120, and to reimburse the county for the
actual cost of services rendered, whether or not the petition
is granted and the records are sealed or expunged, at a rate
to be determined by the county board of supervisors not to
exceed $120, and to reimburse any city for the actual cost of
services rendered, whether or not the petition is granted and
the records are sealed or expunged, at a rate to be determined
by the city council not to exceed $120. [Penal Code Section
1203.45(g).]
9)Requires the defendant to pay to the clerk of the court or the
collecting agency a fee for the processing of installment
accounts. This fee shall equal the administrative and
clerical costs, as determined by the board of supervisors,
except that the fee shall not to exceed $35. [Penal Code
Section 1205(d).]
10)States that a local agency taking fingerprints of a person
who is an applicant for licensing, employment, or
certification may charge a fee not to exceed $10 to cover the
cost of taking the fingerprints and processing the required
documents. [Penal Code Section 13300(e).]
11)States legislative intent to protect the fiscal integrity of
the county, to protect persons against whom the county seeks
to impose liability from excessive charges, to ensure
reasonable uniformity throughout the state in the level of
liability being imposed, and to ensure that liability is
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imposed only on persons with the ability to pay. In
evaluating a family's financial ability to pay under this
section, the county shall take into consideration the family's
income, the necessary obligations of the family, and the
number of persons dependent upon this income. "Costs of
support" as used in this section is defined as only actual
costs incurred by the county for food and food preparation,
clothing, personal supplies, and medical expenses, not to
exceed a combined maximum cost of $15 per day, except that the
maximum cost of $15 per day shall be adjusted every third year
beginning January 1, 1988, to reflect the percentage change in
the calendar year annual average of the California Consumer
Price Index, All Urban Consumers, published by the Department
of Industrial Relations, for the three-year period. [Welfare
and Institutions Code Section 903(c).]
12)Necessitates that in the event a petition is filed for an
order sealing a record, the father, mother, spouse, or other
person liable for the support of a minor, that person if he or
she is an adult, or the estate of that person, may be required
to reimburse the county and court for the actual cost of
services rendered, whether or not the petition is granted and
the records are sealed or expunged, at a rate to be determined
by the county board of supervisors for the county and by the
court for the court, not to exceed $120. [Welfare and
Institutions Code Section 903.3(b).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "In these tough
budget times, counties, like the State, are facing severe
budget shortfalls. Local revenues are falling at the same
time the State is reducing its support. Giving counties
increased flexibility to manage their own fees is one way to
help them cope with this crisis.
"Senate Bill 676 allows counties to adjust several existing, but
outdated fees to levels that cover their costs of providing a
particular service.
"Existing law authorizes counties to charge a variety of fees.
In most cases, a board of supervisors can adjust fees to
recover the cost of providing a good or service.
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"However, some county fees are set by the state and the
Legislature must act each time to change them. Many county
fees set by the state have not been reviewed by the
Legislature for 20+ years and no longer cover the cost of
providing the service.
"When a fee-based service does not recover sufficient funds to
cover the cost of providing the service, the difference comes
out of the county's general fund. The cost of these services
is supposed to be borne by only those using the services, but
ends up being subsidized by all taxpayers - including those
who never use a particular service. This, in turn, puts added
pressure on county general funds at a time when they need it
least.
"SB 676 gives counties the flexibility to update 15 existing
fees that have not updated in at least 20 years. It retains
all existing restrictions that fees only cover the cost of
providing the service."
2)Background : According to information provided by the author,
"Existing law authorizes counties to charge a variety of fees.
In most cases, a board of supervisors can adjust fees to
recover the cost of providing a good or service. However, some
county fees are set by the state and the Legislature must act
each time to change them. Many county fees set by the state
have not been reviewed by the Legislature for 20+ years and no
longer cover the cost of providing the service.
"When a fee-based service does not recover sufficient funds to
cover the cost of providing the service, the difference comes
out of the county's general fund. The cost of these services
is supposed to be borne by only those using the services, but
ends up being subsidized by all taxpayers - including those
who never use a particular service."
3)Penalty Assessments on Criminal Fines : Until budget year
2002-03, there was 170% in penalty assessments applied to
every fine, the current penalty assessments are approximately
280%. (See Penal Code Sections 1464, 1465.7, and 1465.8;
Government Code Sections 70372, 7600.5; 76000 et seq., and
76104.6.) This means that the standard misdemeanor fine of up
to $1,000 is actually a fine of up to $3,800. These
assessments are in addition to any restitution ordered or any
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other fees required.
4)Federal Lien Certificates : Existing law allows county
recorders to impose fees of up to $15 to include the costs of
furnishing a copy of any notice of federal lien, or notice or
certificate affecting a federal lien. The $15 maximum has not
changed since 1983. This bill deletes the $15 limit, allowing
county recorders to set the fee in an amount that covers
actual costs.
5)Environmental Quality Act Filings : Existing law allows county
clerks to charge a $50 per filing documentary handling fee for
specified filings under the California Environmental Quality
Act. The $50 amount was established in 1992. This bill
increases the maximum charge for a documentary handling fee
from $50 to $75.
6)Recorded Documents : Existing law allows county recorders to
charge a filing fee for recording and indexing every
instrument, paper, or notice required or permitted by law to
be recorded. The maximum charge is $4 for the recording of
the first page and $3 for each additional page, with the
ability to charge additional fees, as specified. The $4
maximum has not changed since 1985. This bill increases the
maximum charge for the recording of the first page of a
document from $4 to $10.
7)Court-Appointed Counsel : Existing law allows a county board
of supervisors to assess a registration fee of up to $25 on
every defendant represented by appointed counsel. No fee is
required of any defendant who is financially unable to pay.
The $25 maximum has not changed since 1997. This bill
increases the maximum amount of the fee from $25 to $50.
8)Restitution : If a court orders that restitution be made to a
crime victim, a county board of supervisors may add a fee to
include the actual administrative cost of collecting
restitution not to exceed 10% of the total amount ordered to
be paid. The fees are paid into the county general fund. The
10% maximum has not changed since 1986. This bill increases
the maximum fee to cover the costs of collecting restitution
from 10% to 15% of the total amount ordered to be paid.
9)County Probation Department Payments : Existing law requires
some defendants to pay for the reasonable cost of any
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probation supervision or a conditional sentence, of conducting
any pre-plea investigation and preparing of any pre-plea
report, of conducting any pre-sentence investigation and
preparing any pre-sentence report, and of processing a
jurisdictional transfer or of processing a request for
interstate compact supervision. A county board of supervisors
may establish a fee of up to $50 to cover the administrative
and clerical costs of collecting the defendants' payments.
The $50 maximum has not changed since 1996. This bill
increases the maximum amount of the fee from $50 to $75.
10)Change of Plea, Setting Aside of a Verdict : Under existing
law, a person who petitions for a change of plea or setting
aside of a verdict may be required to reimburse the court, the
county, and the city for the actual costs of services
rendered, whether or not the petition is granted and the
records are sealed or expunged. The court, the county board
of supervisors, and the city may determine a rate of up to
$120 to reimburse the actual costs. The $120 maximum has not
been changed since 1995. This bill deletes the $120 maximum,
allowing courts, counties, and cities to require reimbursement
for the actual costs of services rendered.
11)Sealing of Records : Under existing law, a person convicted
of a misdemeanor when he or she was a minor at the time of the
offense and who petitions for an order sealing his or her
record may be required to reimburse the court, the county, and
the city for the actual costs of services rendered whether or
not the petition is granted and the records are sealed or
expunged. The court, the county board of supervisors, and the
city may determine a rate of up to $120 to reimburse the
actual costs. The $120 maximum has not changed since 1995.
This bill increases the maximum amount of the fee from $120 to
$150.
12)Installment Payments : Under existing law, a person convicted
of a misdemeanor and required to pay a fine may pay the fine
in specified installments. A board of supervisors may require
defendants to pay to the clerk of the court or the collecting
agency a fee of up to $35 to pay for the administrative and
clerical costs of processing installment accounts. The $35
maximum has not changed since 1993. This bill deletes the $35
maximum, allowing a board of supervisors to require a fee
sufficient to pay for the administrative and clerical costs of
processing installment accounts.
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13)Fingerprinting : Existing law allows a local agency taking
fingerprints of a person who is an applicant for licensing,
employment, or certification to charge up to $10 to cover the
cost of taking the fingerprints and processing the required
documents. The $10 maximum has not changed since 1987. This
bill deletes the $10 maximum, allowing local agencies to
charge a
fee sufficient to cover the cost of taking the fingerprints and
processing the required documents.
14)Support of a Minor : Existing law requires that the father,
mother, spouse, or other person liable for the support of a
minor be liable for the reasonable costs of support of the
minor while the minor is placed, detained in, or committed to
any institution because of delinquency or truancy. "Costs of
support" is defined as only actual costs incurred by the
county for food and food preparation, clothing, personal
supplies, and medical expenses, not to exceed a combined
maximum of costs of $15 per day except that the maximum cost
of $15 per day must be adjusted every third year beginning
January 1, 1988 to reflect the percentage change in the
calendar year annual average of the California Consumer Price
Index, All Urban Consumers, published by the Department of
Industrial Relations, for the three-year period. The $15
maximum has not changed since 1985. This bill increases the
maximum cost to $30 per day adjusted every third year.
15)Sealing of Juvenile Records : Existing law allows counties
and courts to require specified people to reimburse them up to
$120 for the costs of services rendered for any investigation
related to the sealing and for the sealing of any juvenile
court or arrest records whether or not the petition is granted
and the records are sealed or expunged. The $120 maximum has
not changed since 1995. This bill increases the maximum of
the fee from $120 to $150.
16)Argument in Support : According to the Contra Costa County
Board of Supervisors , "SB 676 does not allow county
supervisors to charge new fees. It simply lets county
governments charge the people who use county services fees
that reflect the actual costs of providing those services.
"There are county fees set by the state that are intended to
cover the costs of providing a service but are held by the
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state at levels that, in many cases, have not been updated in
20 to 30 years. Many of the county fees set by the state do
not even cover the cost of providing the service. When that
is the case, counties have to draw from their general fund to
make up the difference.
"The cost of these services is supposed to be borne by those
using them, but it ends up being subsidized by all taxpayers,
including t hose who never use a particular service. That, in
turn, puts pressure on critical services paid for using the
county general fund such as law enforcement, libraries, and
health services.
"The Legislature should completely deregulate county fees by
repealing all of the specific statutory rules. However, until
that occurs, SB 676 is a critical advancement in counties'
abilities to recover our costs of doing business."
17)Argument in Opposition : According to the California Public
Defenders Association (CPDA), "SB 676 is an attempt to
generate fees for the courts and criminal justice agencies
during a time of budgetary crisis. One underlying premise of
SB 676 is that the increased fees, removal of caps and
determination by entities of the actual costs of
administrative oversight over collections will lead to an
increase in the rate of actual collections.
"CPDA understands the need to generate revenue for the courts
and the various agencies that comprise the criminal justice
system. However, CPDA opposes SB 676 because, in actuality,
SB 676 places the onus on the backs of indigent defendants in
criminal cases and will cause courts to be clogged with
hundreds if not thousands of additional court appearances
litigating numerous provisions of SB 676 in the following
areas.
a) " Costs related to Probation Supervision
i) "Section 9 of SB 676 would amend Penal Code
1203.1b(h) to remove the existing $50 cap on fees
criminal defendants pay to probation for the
administrative and clerical costs involved in processing
the collection of installment payments as determined by
the board of supervisors.
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ii) "Under existing Section 1203.1b(a), the court shall
order the defendant to appear before the probation
officer to make in inquiry into the ability of the
defendant to pay all or a portion of these costs.
Probation determines the amount of payment and the manner
in which the payments shall be made to the county, based
upon the defendant's ability to pay.
iii) "Defendants are entitled to a hearing that includes
the right to counsel, in which the court shall make a
determination of the defendant's ability to pay and the
payment amount.
b) " CPDA Concerns
i) "Defendants now often waive hearings to determine
ability to pay and allow Probation to determine actual
costs of probation supervision and the defendant's
ability to pay as defined under section (e) of 1203.1b.
ii) "SB 676 would cause defenders to insist on court
hearings for their indigent clients to determine both
ability to pay as well as actual costs of probation
supervision. In many counties, probation departments
insist that defendants sign a form waiving the client's
right to a judicial hearing on probation fees. In order
to protect the rights of indigent clients, defenders will
increase court filings at time of sentencing indicating
that clients will not waive the right to a judicial
hearing.
iii) "Indigent defendants who are only able to afford
lower adjusted monthly probation supervision and
restitution payments, for example, would be
disproportionately penalized.
(1) " Example under current law : Assume under
current law that Person A owes $1,000 and based on
ability to pay, he owes $100 a month plus $50 per
month for clerical processing under existing law. In
10 months, Person A would owe $1,000 + $500 for
payment processing.
(2) " Example under SB 676 : Person B also owes
$1,000 and based on ability to pay, he owes $50 per
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month. Nothing in the bill would prevent a county
board of supervisors from setting an administrative
fee for payment processing of $100/month. Person B
would take 20 months to pay off $1,000, and would owe
an additional $2,000 in payment processing costs to
Probation.
c) " Administrative Costs of Restitution Collection Would
Increase under SB 676 and Actual Restitution for Victims
will Decrease
i) "Section 8 of SB 676 would amend Penal Code
1203.1(l) to allow county board of supervisors to
increase the maximum fee for administrative costs of
collecting restitution not to exceed 10% to 15% of the
total amount paid. Such funds would continue to be paid
into the general fund of the county treasury for the use
and benefit of the county. All other provisions in
Section 1203.1 would remain the same.
ii) " CPDA Concerns
(1) "If a defendant owes direct restitution in an
amount of $1,000, the administrative collection fee
would increase from $100 to $150.
(2) "But in many other cases, restitution quickly
adds up to an amount closer to $5,000, $10,000 or
more. So on $5,000 of direct restitution owed, the
proposed 15% administrative fee would be $750 and
$1,500 respectively.
(a) "Victims owed direct restitution will
likely see a decrease in actual restitution
recouped.
(b) "Restitution hearings would still take
place to litigate the actual amount of restitution
owed in a particular case.
(c) "Computer systems would need to be created
to ensure that the administrative fees were properly
credited.
(d) "Current law prioritizes direct
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restitution to victims before other fines or fees
are paid.
(e) "In LA County and in most jurisdictions,
Probation would bill for the administrative costs of
collecting restitution.
(f) "An incentive exists for Probation to
increase the estimate of overall restitution owed
because the result would be a higher percentage
collection on administrative costs as well.
(g) "While many criminal defendants now agree
at time of sentencing to allow Probation to
determine the actual costs of restitution, SB 676
would cause courts to be clogged with endless
hearings, challenging the actual costs of
restitution and the ability to pay both restitution
and the administrative fees to collect restitution.
Much less actual restitution will be collected and
delivered to victims, as defendants who themselves
lack income or steady employment will be overwhelmed
by the increased costs and fall back on jail time to
satisfy fines owed.
iii) " Sealing of Juvenile Records
(1) "Section 15 of SB 676 would amend Welfare and
Institutions Code 903.3(b) to remove the $120 cap on
the costs required to reimburse the county or court
for the actual cost of services rendered, whether or
not the petition is granted and the records are sealed
or expunged, at a rate to be determined by the county
board of supervisors for the county and by the court
for the court. All other language in this section
would remain the same, including the requirement that
the court determine ability to make this reimbursement
using the standards set forth in paragraph (2) of
subdivision (g) of Section 987.8 and barring payment
as a prerequisite to a person's eligibility under this
section.
iv) " Costs to Parents/Guardians/Adult Caretakers of
Children Housed in Juvenile Delinquiency Facilities
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(1) "CPDA is concerned that the increased costs
borne by families and adult caretakers of children
housed or detained in the juvenile delinquency system
will result in increased additional hearings to
litigate the 'actual cost of services' rendered,
including requests for appointments of budget experts.
Section 14 of SB 676 would [sic] Welfare and
Institutions Code [(WIC)] 903 to increase from a
maximum of $15 per day to a maximum of $45 per day,
the amount that a county [sic] charge for the
reasonable costs of support of a minor against the
father, mother, spouse, or other person, while the
minor is placed, or detained in, or committed to, any
institution or other place, or pursuant to an order of
the juvenile court.
(2) "Subdivision (c) of WIC 903 currently states
that it is the intent of the Legislature in enacting
this subdivision to protect the fiscal integrity of
the county, to protect persons against whom the county
seeks to impose liability form excessive charges, to
ensure reasonable uniformity throughout the state in
the level of liability being imposed, and to ensure
that liability is imposed only on persons with the
ability to pay. In evaluating a family's financial
ability to pay under this section, the county shall
take into consideration the family's income, the
necessary obligations of the family, and the number of
persons dependent upon this income.
(3) "SB 676 would raise the ceiling in Section
903(c) from a combined maximum cost of $15 per day to
$45 per day for costs of support, which mean only
actual costs incurred by the county for food and food
preparation, clothing, personal supplies, and medical
expenses.
(4) "SB 676 would allow the maximum cost
(increased from $15) of $45 per day, to be adjusted
every third year beginning January 1, 1988, to reflect
the percentage change in the calendar year annual
average of the California Consumer Price Index, All
Urban Consumers, published by the Department of
Industrial Relations, for the three-year period.
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(5) "SB 676 does not contain critical [sic] needed
language to protect indigent families/guardians of
minors detained or housed in a facility pursuant to
order of a juvenile court. Most families of children
in juvenile hall and other juvenile facilities are too
poor to pay the costs of support, and no current
statutory protections for indigent parents and
guardians exist."
18)Prior Legislation :
a) SB 251 (Ayala), Chapter 389, Statutes of 1996, increased
the revenue for indigent defense services by requiring a
registration fee be assessed against defendants and the
parents of juvenile offenders who are represented by the
public defender or court-appointed counsel.
b) AB 594 (Boland), Chapter 36, Statutes of 1996, raised
the maximum amount of the fee to be charged to a defendant
for a payment installment plan from $35 to $50 for the cost
of any probation supervision or a conditional sentence, any
pre-plea investigation and preparing of any pre-plea
report, any pre-sentence investigation and preparing any
pre-sentence report and of processing a jurisdictional
transfer or of processing a request for interstate compact
supervision.
c) AB 1327 (Epple), Chapter 882, Statutes of 1995,
increased the cap on fees a city or county may charge a
person who petitions for a change of plea, setting aside a
verdict or sealing a record from $60 to $120. AB 1327
also authorized counties to charge up to $120 for the cost
of sealing various juvenile court records.
REGISTERED SUPPORT / OPPOSITION :
Support
California State Association of Counties
Chief Probation Officers of California
Coalition of Probation Organizations
Contra Costa County Board of Supervisors
Los Angeles County District Attorney's Office
Placer County Board of Supervisors
San Joaquin County Board of Supervisors
AB 676
Page 17
San Mateo County Board of Supervisors
Santa Barbara County Board of Supervisors
Santa Clara County Board of Supervisors
Yolo County Board of Supervisors
Opposition
California Public Defenders Association
Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916)
319-3744