To: Sonoma County Board of Supervisors
Department or Agency Name(s): District Attorney
Staff Name and Phone Number: Shane Lewis 565-3150
Vote Requirement: 4/5th
Supervisorial District(s): Countywide
Title:
Title
District Attorney Victim Services Special Revenue Fund
End
Recommended Action:
Recommended action
A) Authorize the District Attorney to accept $89,903.88 in unclaimed restitution funds to be used to support victim services. (Majority vote)
B) Adopt a Resolution authorizing adjustment to the Fiscal Year 2024/2025 Adopted Budget necessary to appropriate funds totaling $75,400.
(4/5th Vote Required)
end
Executive Summary:
Sonoma County Probation Department has transferred unclaimed restitution funds to the District Attorney pursuant to Government Code section 68084.1. Restitution is the process whereby crime victims are compensated for any crime related expenses. The court orders an offender to pay restitution at the time of sentencing. In Sonoma County, the Probation Department is tasked with collecting and distributing restitution. Government Code 68084.1(a) sets forth a requirement for any restitution funds that go unclaimed for three years to be deposited into the State Restitution Fund or a County victim services program to be used exclusively for the provision of victim services. Sonoma County Probation Department has transferred certain unclaimed restitution funds to the District Attorney under the requirements set forth in Government Code 68084.1(a). Funds were transferred to the District Attorney for the purpose of supporting victim services programming, as required by the code. The District Attorney requests authority to accept these funds, in the amount of $89,903.88 for the prescribed purpose of supporting victim services programming including outreach, counseling services and emergency supplies.
Discussion:
In California, victims of crime have a constitutional right to restitution to restore economic losses incurred as a result of a crime. Restitution is ordered by the Court and in Sonoma County, the Probation Department (Probation) is responsible for collecting funds from offenders and distributing to victims. Despite the efforts of Probation, some victims cannot be located, and funds are collected but not distributed and are considered unclaimed. Government Code 68084.1(a), summarized below, sets forth a process to redirect unclaimed restitution for the purpose of providing services to victims. Prior to considering funds “unclaimed,” Probation utilizes all available resources to locate victims to distribute restitution. Additional steps to locate victims are taken utilizing Accurint, a search technology available to law enforcement, government, and others, to perform searches for victims with information provided in a further attempt to distribute the funds. If the funds are unclaimed after three years, then they are considered “unclaimed” and are available for escheatment (transfer) to the District Attorney’s Office for victim services programming.
GC 68084.1(a)Except as otherwise provided by law, any money, excluding restitution to victims, that has been deposited with a superior court, or that a superior court is holding in trust for the lawful owner, in a court bank account or in a court trust account in a county treasury, that remains unclaimed for three years shall become the property of the superior court if, after published notice pursuant to this section, the money is not claimed or no verified complaint is filed and served. After published notice pursuant to this section, if the money is not claimed or no verified complaint is filed and served, money representing restitution collected on behalf of victims that remains unclaimed for three years shall be deposited either into the State Restitution Fund exclusively for the purposes of providing victim services or into the general fund of a county that administers a victim services program exclusively for the provision of victim services.
Restitution is ordered by the court and paid by the offender to the Probation Department. The court does not participate in collecting restitution in Sonoma County and restitution funds are not deposited in a court account; all funds are received and held by Probation. Probation Accounting makes monthly collections and disburses funds to victims of crime who have been identified by the court.
In the event that the Probation Department is unable to locate the victims entitled to restitution and funds remain unclaimed for a period of three years, funds may be used to support victim services programming in the County. The Probation Department has transferred funds to the District Attorney for the prescribed purpose.
The transfer of $89,904 by the Probation Department to the District Attorney on June 15, 2022 pursuant to this code section, was according to the DA’s information, the first such transfer of unclaimed restitution in Sonoma County. The current balance, with interest accrued, is $94,335.
There is no statutory deadline by which a victim must claim restitution ordered by the court and subsequently collected by Probation. In order to accommodate requests from victims for funds that have been held for three years or longer and have been escheated and distributed to the District Attorney for the provision of victim services, 20 percent of the funds received by the District Attorney will be set aside to return to Probation for distribution to victims, if necessary.
Strategic Plan:
N/A
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
No prior board actions.
Fiscal Summary
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Expenditures |
FY24-25 Adopted |
FY25-26 Projected |
FY26-27 Projected |
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Budgeted Expenses |
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Additional Appropriation Requested |
$75,400 |
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Total Expenditures |
$75,400 |
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Funding Sources |
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General Fund/WA GF |
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State/Federal |
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Fees/Other |
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Use of Fund Balance |
$75,400 |
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General Fund Contingencies |
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Total Sources |
$75,400 |
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Narrative Explanation of Fiscal Impacts:
Funds must be used exclusively for the procurement of victim services and will be used for victim services-related expenses including staff overtime for outreach activities, counseling services and emergency supplies for victims. The remainder of the current balance of the fund, $18,935, will be retained for use in the event a victim who was not located within the three-year period comes forward at a later date to claim restitution.
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Staffing Impacts: |
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Position Title (Payroll Classification) |
Monthly Salary Range (A-I Step) |
Additions (Number) |
Deletions (Number) |
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Narrative Explanation of Staffing Impacts (If Required):
There is no staffing impact.
Attachments:
Resolution A: Accept Funds
Resolution B: Budget Adjustment
Related Items “On File” with the Clerk of the Board:
N/A