To: Board of Supervisors
Department or Agency Name(s): Probation
Staff Name and Phone Number: Vanessa Fuchs - (707) 565-2731
Vote Requirement: Majority
Supervisorial District(s): All
Title:
Title
Annual Memorandum of Understanding (MOU) with the Franchise Tax Board
End
Recommended Action:
Recommended action
Adopt a Resolution authorizing the Chief Probation Officer or designee to execute an annual Memorandum of Understanding (MOU) with the Franchise Tax Board after County Counsel review.
end
Executive Summary:
The Probation Department is responsible for collecting Court ordered restitution, fines and fees, and for distributing restitution payments to victims. Probation works routinely with the Franchise Tax Board (FTB) Court Ordered Debt (COD) program to facilitate collection of delinquent court-ordered victim restitution and delinquent fines and fees. The requested resolution authorizes the Chief Probation Officer or designee to enter into an annual MOU for this work.
Discussion:
Historically, there had been a joint effort between the Auditor-Controller-Treasurer-Tax Collector (ACTTC) and Probation to collect court-ordered debt resulting from misdemeanor and felony convictions and conditional sentences. Over time, Probation has assumed the primary role to collect court ordered victim restitution, fines and fees. As a result, Probation is seeking approval of an updated resolution authorizing the Chief Probation Officer or designee to enter into an annual MOU with the State of California Franchise Tax Board to participate in the Court Ordered Debt Program.
Probation’s participation in the Franchise Tax Board Court Ordered Debt Collection program (FTB-COB) is a primary avenue of collection for both delinquent court-ordered victim restitution and delinquent fines and fees. Under this program, Sonoma County Probation refers delinquent accounts to FTB-COD, and they can collect court-ordered debt by means of wage garnishment, bank levies or liens on property. Probation collects about $1,000,000 in court ordered debt every year. Of this, over $592,000 of court-ordered debt was collected by the FTB during FY 23-24 , and $424,000 has been collected by FTB to date in FY 24-25. This illustrates that participation in this program is critical in helping ensure that victims receive restitution payments they are due.
Strategic Plan:
N/A
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
February 3, 2009: Board approval of Resolution 09-0092 authorizing the MOU with the Franchise Tax Board and ACTTC.
Fiscal Summary
|
Expenditures |
FY25-26 Adopted |
FY26-27 Projected |
FY27-28 Projected |
|
Budgeted Expenses |
|
|
|
|
Additional Appropriation Requested |
|
|
|
|
Total Expenditures |
|
|
|
|
Funding Sources |
|
|
|
|
General Fund/WA GF |
|
|
|
|
State/Federal |
|
|
|
|
Fees/Other |
|
|
|
|
Use of Fund Balance |
|
|
|
|
General Fund Contingencies |
|
|
|
|
Total Sources |
|
|
|
Narrative Explanation of Fiscal Impacts:
There is no cost to participate in this MOU.
|
Staffing Impacts: |
|
|
|
|
Position Title (Payroll Classification) |
Monthly Salary Range (A-I Step) |
Additions (Number) |
Deletions (Number) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Narrative Explanation of Staffing Impacts (If Required):
N/A
Attachments:
Attachment A - Resolution
Related Items “On File” with the Clerk of the Board:
None