Fresno County CA header
 
File #: 18-0221    Name: Amendement to MSFs - Public Defender and Probation - Removal of Juvenile Fees in Relation to SB 190
In control: Public Defender
On agenda: 4/3/2018 Final action: 4/3/2018
Enactment date: Enactment #:
Title: 1. Conduct first hearing to amend the Fresno County Master Schedule of Fees, Charges and Recovered Costs Ordinance by deleting subsections 1802, 1804, 1809, 1815, and 1817 of Section 1800-Probation relating to Probation juvenile fees; waive reading of the ordinance in its entirety; and set second hearing for April 17, 2018; 2. Conduct first hearing to amend the Fresno County Master Schedule of Fees, Charges and Recovered Costs Ordinance by deleting subsections 2001(b)(1) and 2001(c)(3) of Section 2000-Public Defender relating to legal services provided to juveniles in the delinquency system; waive reading of the ordinance in its entirety; and set second hearing for April 17, 2018; 3. Designate County Counsel to prepare a fair and adequate summary of each proposed ordinance; and 4. Direct the Clerk of the Board to post and publish the required summary for each proposed ordinance in accordance with Government Code Section 25124(b)(1).
Attachments: 1. Agenda Item, 2. Attachment A - Public Defender, 3. Attachment B - Probation, 4. Ordinance - Public Defender, 5. Ordinance - Probation, 6. Ordinance Summary - Public Defender and Probation, 7. Additional Information
DATE: April 3, 2018

TO: Board of Supervisors

SUBMITTED BY: Elizabeth Diaz, Public Defender
Philip F. Kader, Interim Chief Probation Officer

SUBJECT: Amendment to Master Schedule of Fees- Public Defender and the Probation Department

RECOMMENDED ACTION(S):
TITLE
1. Conduct first hearing to amend the Fresno County Master Schedule of Fees, Charges and Recovered Costs Ordinance by deleting subsections 1802, 1804, 1809, 1815, and 1817 of Section 1800-Probation relating to Probation juvenile fees; waive reading of the ordinance in its entirety; and set second hearing for April 17, 2018;

2. Conduct first hearing to amend the Fresno County Master Schedule of Fees, Charges and Recovered Costs Ordinance by deleting subsections 2001(b)(1) and 2001(c)(3) of Section 2000-Public Defender relating to legal services provided to juveniles in the delinquency system; waive reading of the ordinance in its entirety; and set second hearing for April 17, 2018;

3. Designate County Counsel to prepare a fair and adequate summary of each proposed ordinance; and

4. Direct the Clerk of the Board to post and publish the required summary for each proposed ordinance in accordance with Government Code Section 25124(b)(1).
REPORT
Approval of the recommended actions will delete all juvenile fees in Section 1800-Probation and Section 2000-Public Defender of the Master Schedule of Fees (MSF). This is necessary to bring the MSF in line with Senate Bill 190, which took effect on January 1, 2018. The passage of Senate Bill 190 resulted in changes to the California Government Code, Penal Code and Welfare and Institutions Code, barring the courts from ordering (as of January 1, 2018) the assessment of fees for legal services, drug testing, support, detention, supervision and electronic monitoring for juveniles in the delinquency system. Accordingly, as of January 1, 2018, California counties may no longer charge the foregoing types of fees.

ALTERNATIVE ACTION(S):

There is no viable alterna...

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