To: Sonoma County Board of Supervisors
Department or Agency Name(s): County Administrator’s Office
Staff Name and Phone Number: Andrew McLaughlin, 707-565-3776
Vote Requirement: Majority
Supervisorial District(s): Countywide
Title:
Title
Consolidated Fee Hearing - FY 25-26 Fees for County Administrator’s Office
End
Recommended Action:
Recommended action
Adopt a Resolution setting the contingent Criminal Justice Administrative Fee at $270.52 per applicable booking and setting the Jail Access Fee at $1,136 per applicable non-felony booking, effective July 1, 2025.
end
Executive Summary:
Government Code Section 29551 authorizes the County to collect a Criminal Justice Administrative Fee or Jail Booking Fee only if state Public Safety Realignment revenue allocated for this purpose is less than $35 million statewide (Sonoma County’s share is $791,066) in a given fiscal year. While the County anticipates statewide Public Safety Realignment funding in Fiscal Year 2025-26 will meet the $35 million threshold, per the Governor’s Proposed Budget released on January 10, 2025, approval of this contingent fee would position the County to charge arresting agencies in the event of a funding shortfall. The Board of Supervisors is requested to increase the contingent Criminal Justice Administrative Fee from $261.34 to $270.52, an increase of $9.18, or 3.5%. This increase is statutorily set with annual increases limited to the California Consumer Price Index (CPI) as verified by the State Board of Equalization, plus 1%.
The intent of the Jail Access Fee (“JAF”) is to incentivize arresting agencies to minimize unnecessary arrests, reduce pressure on jail capacity and provide space for serious offenders, and foster development of local alternatives to deal with non-violent, less serious offenders. The JAF may only be charged to agencies for certain identified non-felony bookings if the arresting agency exceeds their three-year moving average for these types of bookings (recalculated in July of each year). The JAF cannot be billed to individuals. The recommended action increases the JAF from $402.73 to $1,136, a substantial increase of $733.27 or 182%, to account for the Sheriff’s booking operations cost increases which are described in detail below.
Discussion:
Criminal Justice Administrative Fee Calculation
Assembly Bill 1805 (2006) amended Government Code Section 29550, and added GC Sections 29551 and 29552, to address the costs associated with booking arrestees of other agencies into county jails. Pursuant to this legislation, if the State appropriates $35 million in the Enhancing Law Enforcement Activities Subaccount (Local Law Enforcement Services Account-Local Revenue Fund 2011) to directly fund counties for the cost of jail bookings, a county may not levy a booking fee. In accordance with GC Section 29552, Sonoma County’s apportionment of the total annual $35 million budgeted statewide is $791,066. To comply with State law, the Sheriff’s Office deposits these funds in a Special Revenue Fund, which in turn reimburses detention operations costs in the General Fund. However, if in subsequent years, less than the full $35 million is allocated in the state budget for all counties, local arresting agencies would be required to pay the portion of the booking fee equal to the proportion that the appropriated amount is less than $35 million, as long as the Board maintains and updates this fee. Effective July 1, 2021, Assembly Bill 1869 amended and repealed portions of GC 29550 to prohibit the County, or any arresting agency, from recovering the contingent Criminal Administrative Fee from convicted individuals.
The Criminal Justice Administrative Fee, also knowns as the Jail Booking Fee, is statutorily set with annual increases limited to the California Consumer Price Index, plus 1.0%. This methodology has been in place since 2006 and established in Government Code Section 29551. Based on the State Department of Equalization’s 2025-26 property tax letter, the CPI increase is 2.514%. After factoring in the additional 1.0% increase allowed above the annual CPI inflation rate, the overall proposed fee increase for FY 2025-26 equates to 3.514%.
Jail Access Fee Calculation
The Jail Access Fee may only be charged to agencies for certain identified non-felony bookings if the arresting agency exceeds its three-year average for these types of bookings. According to the legislation, the JAF applies to bookings for municipal code violations and misdemeanor violations, except for driving under the influence and domestic violence misdemeanor offenses, including enforcement of protective orders. The Sheriff’s Office notifies arresting agencies of their rolling averages in July of each year and provides actual arrest numbers on a monthly basis to help arresting agencies manage their costs for optional bookings. The JAF may not exceed the actual cost of booking an arrested person.
The current Board-approved JAF was established as $402.73 effective July 1, 2024 to partially account for salary and benefits increases that were negotiated in fiscal year 2023-24. The fee that was adopted for FY24-25 does not fully account for the true cost recovery associated with booking operations, which were estimated by an outside consultant to be more than $1,000 per applicable booking in FY 24-25. For the coming year FY 25-26, the County Administrator’s Office, Auditor-Controller-Tax Collector-Treasurer’s Office, and the Sheriff’s Office recommend updating this fee for to $1,136 per applicable booking.
Although the proposed fee for FY 25-26 represents a substantial increase from FY 24-25, the calculation was developed in collaboration between the Sheriff’s Office, the Auditor-Controller-Tax Collector-Treasurer’s Office and the County Administrator’s Office to correct for the true cost of salaries and benefits, to accurately reflect the higher staffing levels in the Sheriff’s Detention Division that have been achieved in the last 2 years, and to correctly capture that portion of the indirect costs that are applicable to booking operations and which were not incorporated into the fee in prior years. The Auditor-Controller-Tax Collector-Treasurer’s methodology and calculations for this fee are included in the attachments to this item.
Strategic Plan:
N/A
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
March 26, 2024 - Board adopts the criminal justice administrative fee and jail access fee for FY24-25.
Each year since FY 90-91 the Board has set the Criminal Justice Administrative Fee.
Fiscal Summary
|
Expenditures |
FY24-25 Adopted |
FY25-26 Projected |
FY26-27 Projected |
|
Budgeted Expenses |
|
$162,053 |
|
|
Additional Appropriation Requested |
|
|
|
|
Total Expenditures |
|
$162,053 |
|
|
Funding Sources |
|
|
|
|
General Fund/WA GF |
|
|
|
|
State/Federal |
|
|
|
|
Fees/Other |
|
$162,053 |
|
|
Use of Fund Balance |
|
|
|
|
General Fund Contingencies |
|
|
|
|
Total Sources |
|
$162,053 |
|
Narrative Explanation of Fiscal Impacts:
The Criminal Justice Administrative Fee is only billable to arresting agencies if the state does not fully fund the booking fee allocation through Public Safety Realignment. The County projects that the full funding threshold will be met in 25-26 so no revenue associated with the assessment of this fee is projected.
Using the 3-year average of 221 arresting agency Jail Access Fee billings, it is estimated that $251,056 will be received in FY 25-26, based on the new proposed rate of $1,136 per booking. This equates to an estimated revenue increase of $162,053 when compared to an estimated 221 bookings at the current rate of $402.73. Actual revenue will only be received if bookings exceed three-year averages.
Staffing Impacts:
|
Position Title (Payroll Classification) |
Monthly Salary Range (A-I Step) |
Additions (Number) |
Deletions (Number) |
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|
|
|
|
|
|
|
|
|
|
|
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Narrative Explanation of Staffing Impacts (If Required):
N/A
Attachments:
1. Fee Summary
2. Resolution
3. Jail Access Fee 3-Year Bookings Moving Average and Projected Revenue for FY 25-26
4. Criminal Justice Administrative Fee Historical Table and Analysis
5. Jail Access Fee Calculation Final Write-Up
6. Jail Access Fee Calculation
7. Board of Equalization CPI Letter to Assessors 12-27-24
Related Items “On File” with the Clerk of the Board:
None