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Home My WebLink About55BB - RESO - PAY-TO-STAYREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: RESOLUTION ESTABLISHING FEES, AND APPROPRIATION ADJUSTMENT RECOGNIZING JAIL PROGRAM REVENUE {STRATEGIC PLAN NO. 1, 4A} RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 919007iffil ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt a resolution establishing a Jail Pay to Stay Program fee and Administrative Jail Booking Fee. 2. Approve an appropriation adjustment recognizing $100,375 in Jail Pay to Stay program revenue in the General Fund revenue account (nos. 01114002 53411) and appropriate same to expenditure account (no. 01114420 61040), DISCUSSION In its efforts towards strengthening the fiscal model for Jail operations, the Police Department is proposing to establish two new fees - one for a new Pay to Stay program, and one to recover costs for existing services. The Santa Ana Jail Pay to Stay Program allows eligible individuals to complete their jail commitment locally while maintaining work and familial obligations, thereby improving the transition to post- incarceration and re -entry into the community. Dependent on eligibility factors including conviction offense and court approval, the Pay to Stay Program supports full -time incarceration, incarceration with work release, and weekend incarceration. The per diem fee for this program has been set at $110. Initial participation in this program is projected at an average daily population (ADP) of five to ten persons, generating $200,750 to $401,500 in annual revenue. Staff is anticipating that the new fee will generate $100,375 the balance of this fiscal year. In addition, the Police Department is proposing the collection of an administrative booking fee, which is authorized by California Government Code 29550.3. This fee is authorized to be collected only upon the conviction of persons booked at a jail facility. Currently, all Orange County cities with municipal jails charge an administrative booking fee under this code. Countywide, administrative booking fees range from $125 to $347 with an overall average of $232.65. A cost recovery audit was completed and resulted in a total cost to the City of $225 per booking. Staff is proposing a $225 fee for full cost recovery. 55BB -1 Pay to Stay Program and Administrative Booking Fee October 21, 2014 Page 2 Santa Ana Jail bookings are estimated at 7,500 annually, and approximately 6,000 bookings will result in convictions (80 percent). Research of neighboring municipalities revealed that collection rates range from 10 percent to 33 percent. Staff is estimating a conservative collection rate of 20 percent for this program. The requirement of a criminal conviction prior to the collection of the fee creates a delay of four to six months between initial implementation and full revenue realization. Due to this time delay, staff is not anticipating any additional revenue this fiscal year. Staff will project additional revenue of $270,000 in FY 2015 -16. Revenue generated from these fees will supplement the Field Operations overtime account in support of unfunded public safety services for City special events and other special enforcement details. STRATEGIC PLAN ALIGNMENT Approval of these items assists the City in meeting Goal #1 Community Safety, Objective #4 (ensure a sound fiscal model for jail operations), Strategy A (modify the Santa Ana Jail business model and identify short- and long -term goals to effectively meet the needs of the community through contract negotiations with outside agencies, evaluation of staffing needs and increasing operational efficiency). FISCAL IMPACT The appropriation adjustment will recognize $100,375 in Jail Pay to Stay program revenue in General Fund revenue account (no. 01114002 53411) and appropriate same to expenditure account (no. 01114420 61040). Carlos Rojas Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNT: rC � 1. Francisco Gutierrez, Executive Director Finance and Management Services Agency`— IX 55BB -2 LAR/1 0/21/14 RESOLUTION NO. 2014 -XXX RESOLUTION ESTABLISHING PAY -TO -STAY AND ADMINISTRATIVE BOOKING FEES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Santa Ana Jail was opened in 1997. Currently, the jail houses inmates and detainees under federal contracts, Penal Code section 647f detainees from several local cities and Santa Ana Police arrestees. B. The City of Santa Ana has been reviewing various options for strengthening the fiscal model for jail operations. To that end, the Santa Ana Police Department has determined that the Santa Ana Jail could accommodate inmates under a Pay -to -Stay Program whereby inmates deemed eligible by the Superior Court could complete their jail commitment locally while maintaining work and familial obligations, thereby improving the transition to post - incarceration and re -entry into the community. Dependent on eligibility factors including conviction offense and court approval, the Pay -to -Stay Program would support full -time incarceration, incarceration with work release, and weekend incarceration. C. California Government Code section 29550.3 authorizes a city which books or processes persons to a jail administered by it and which does not otherwise incur an administrative fee from the County to establish and collect an administrative booking fee based upon administrative costs incurred in conjunction with the arrest if the person is convicted of any criminal offense related to the arrest, whether or not it is the offense for which the person was originally booked. The administrative booking fee is collected at the time the person is convicted. Resolution No. 2014 -XXX Page 1 of 2 55BB -3 D. The City conducted a cost recovery audit into administrative costs associated with an arrest and booking and it was determined that the total cost to the City per booking was $225. Section 2. The City Council hereby adopts a `Pay -To -Stay Program" at the Santa Ana Jail and delegates authority for promulgating administrative rules and regulations, to the extent necessary, pertaining to this program to the Chief of Police or his designee. Section 3. The City Council hereby adopts and authorizes the City to collect a Per Diem daily rate for the Pay -to -Stay Program at the Santa Ana Jail of $110 reflecting the pro -rata administrative and staffing costs associated with the average daily population and amends the Miscellaneous Fee Schedule for 2014 -2015 to reflect such fee. Said fee will be implemented and in effect as of the date of this Resolution. Section 4. The City Council hereby adopts and authorizes the City to collect an "Administrative Booking Fee" for the Santa Ana Jail pursuant to California Govemment Code section 29550.3 in the amount of $225 to reflect the administrative costs incurred in conjunction with an arrest by the Santa Ana Police Department at the Santa Ana Jail and collected at the time the person is convicted. The City Council also amends the Miscellaneous Fee Schedule for 2014 -2015 to reflect such fee. Said fee will be implemented and in effect as of the date of this Resolution. Section 5. If any surcharge or fee, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of October, 2014. Resolution No. 2014 -XXX Page 2 of 2 Miguel A. Pulido Mayor 55BB -4 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney 0 Laura A. Rossini Senior Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2014 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55BB -5 Resolution No. 2014 -XXX Page 3 of 2 - - V