Title
Approve and authorize a transfer totaling $500,820.00 from General Fund Contingencies, 001-1050-8034-CAO020, to the Enterprise Risk Fund, 001-1210-8429-COU006 to comply with a restitution order.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors approve and authorize a transfer totaling $500,820.00 from General Fund Contingencies, 001-1050-8034-CAO020, to the Enterprise Risk Fund, 001-1210-8429-COU006 to comply with a restitution order.
SUMMARY/DISCUSSION:
In 2004, a criminal defendant, posted a bail bond in the amount of $500,000.00, secured by his home. In 2005 the defendant sold his home and substituted $500,000.00 cash for the bond. During his 2005 trial, he absconded to Ireland and then South America. After he was captured in Uruguay, while awaiting extradition, the court declared his $500,000.00 bail forfeited. Summary judgment was entered in February of 2006 and almost all of the bail money was transferred from the court to the County General Fund.
In 2011, the defendant attempted to have the summary judgment set aside and his bail money returned to him. He argued that the Notice of Forfeiture sent by the court was void because it did not explain in sufficient detail the steps he could have taken to avoid bail forfeiture, resulting in a deprivation of his right to due process of law under the United States Constitution. The trial judge denied his motion, but he appealed. The appellate court issued a decision in May of 2014, agreeing with the defendant and declaring the bail forfeiture unconstitutional. The Office of the County Counsel petitioned the California Supreme Court to review the appellate court's decision, but the Supreme Court declined review.
Back in Superior Court, the defendant and his wife made a motion for restitution of the $500,000.00. The court issued a decision on October 31, 2014, ordering restitution of $500,820.00 plus 3% post-judgment interest by December 31, 2014, ("Ruling" attached)...
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