To: Sonoma County Board of Supervisors
Department or Agency Name(s): County Administrator’s Office
Staff Name and Phone Number: Nikolas Klein, 565-5312
Vote Requirement: Majority
Supervisorial District(s): Countywide
Title:
Title
Consolidated Fee Hearing - FY24-25 Fees for County Administrator's Office
End
Recommended Action:
Recommended action
Adopt a Resolution setting the contingent Criminal Justice Administrative Fee (Jail Booking Fee) at $261.34 per applicable booking and setting the Jail Access Fee at $402.73 per applicable non-felony booking, effective July 1, 2024.
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 2024-25 will meet the $35 million threshold, per the Governor’s Proposed Budget released on January 10, 2024, 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 Jail Booking Fee from $249.37 to $261.34, an increase of $11.97, or 4.8%. This increase is statutorily set with annual increases limited to the California Consumer Price Index, 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 $376.38 to $402.73, an increase of $26.35, or 7.0%, to account for the Sheriff’s booking operations cost increase.
Discussion:
Criminal Justice Administrative Fee (Jail Booking 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. The California Department of Finance (“DOF”) aggregates Bureau of Labor Statistics data and publishes annual Consumer Price Index increases for the entire state. Based on the State’s data published January 2024, the year-over-year statewide CPI increase for calendar year 2023 was forecasted to be 3.8%. The historical CPI data set, “Calendar Year Averages from 1950”, is attached to this report, and also published on the DOF website: <https://dof.ca.gov/forecasting/economics/economic-indicators/inflation/>. After factoring in the additional 1.0% increase allowed above the annual 3.8% CPI inflation rate, the overall proposed fee increase for FY 2024-25 equates to 4.8%. Refer to Attachments 3 & 4 for details.
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 also 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 JAF was set at $376.38 per applicable booking effective July 1, 2022, and was based on the most recent time study and cost calculation completed by a consultant in November 2019, adjusted for annual inflation. The JAF rate may not exceed actual cost of booking an arrested person. The County Administrator’s Office and Sheriff’s Office recommended no changes to this fee for Fiscal Year 2023-24, pending results of a booking operations cost analysis to be completed by the Sheriff’s Office. The cost analysis is anticipated to be completed during the 2024 calendar year, but significant progress has been made. Based on preliminary results of this analysis as of January 2024, both the County Administrator’s Office and Sheriff’s Office recommend applying an inflation adjustment to the JAF for FY 2024-25 to account for recently negotiated salaries and benefits increases. Sheriff’s Office salaries and benefits costs for permanent positions are estimated to increase 7.8% in FY 24-25. Applying this 7.8% increase to booking operations labor costs, combined with a 3.8% CPI adjustment to non-labor booking operations costs, results in a weighted inflation adjustment of 7.0% for FY 2024-25. Increasing the current $376.38 JAF by the weighted 7.0% inflation adjustment results in a newly proposed fee of $402.73 effective July 1, 2024. Refer to Attachment 5 for details.
Strategic Plan:
N/A
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
March 21, 2023: Board adopted the Jail Booking Fee effective July 1, 2023.
March 22, 2022: Board adopted the Jail Booking Fee and Jail Access Fee effective July 1, 2022.
March 23, 2021: Board adopted the Jail Booking Fee and Jail Access Fee effective July 1, 2021.
March 24, 2020: Board adopted the Jail Booking Fee effective July 1, 2020.
May 14, 2019: Board adopted the Jail Booking Fee effective July 1, 2019.
May 8, 2018: Board adopted the Jail Booking Fee effective July 1, 2018.
Each year since FY 1990-91 the Board has set the Jail Booking Fee.
Fiscal Summary
|
Expenditures |
FY23-24 Adopted |
FY24-25 Projected |
FY25-26 Projected |
|
Budgeted Expenses |
|
$3,821 |
|
|
Additional Appropriation Requested |
|
|
|
|
Total Expenditures |
|
$3,821 |
|
|
Funding Sources |
|
|
|
|
General Fund/WA GF |
|
|
|
|
State/Federal |
|
|
|
|
Fees/Other |
|
$3,821 |
|
|
Use of Fund Balance |
|
|
|
|
General Fund Contingencies |
|
|
|
|
Total Sources |
|
$3,821 |
|
Narrative Explanation of Fiscal Impacts:
The Criminal Justice Administrative Fee (Jail Booking Fee) is only billable to arresting agencies if the state does not fully fund the booking fee allocation through Public Safety Realignment.
Using the three-year average of 145 arresting agency Jail Access Fee billings, it is estimated that $58,435 will be received in FY 2024-25, based on the new proposed rate of $402.73 per booking. This equates to an estimated revenue increase of $3,821, when compared to 145 bookings at the current rate of $376.38. Projected revenue for the Jail Access Fee will be programmed in the Sheriff’s Office FY 2024-25 Recommended Budget.
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:
1) Fee Summary
2) Resolution establishing Jail Booking Fee and Jail Access Fee effective July 1, 2024
3) Jail Booking Fee Calculation History
4) California Statewide Consumer Price Index as of November 2023
5) Jail Access Fee 3-Year Average and FY 2024-25 Inflation Adjustment
Related Items “On File” with the Clerk of the Board:
N/A