File #: ORD 21-012    Name: Ordinance Repeal Probation Fees
Type: Ordinance Status: Criminal Justice - Consent
File created: 6/28/2021 In control: Probation
On agenda: 7/13/2021 Final action:
Title: a. Receive an update on recent state legislation related to fees for probation services; b. Approve termination of fees for sealing juvenile records; c. Adopt a resolution rescinding Article XVIII of the Monterey County Fee Resolution related to fees collected by the Probation Department; and d. Introduce, waive reading, and set July 27, 2021, as the date to consider adoption of an ordinance repealing Chapter 2.93 of the Monterey County Code to rescind authority to collect fees for probation services.
Attachments: 1. Board Report, 2. Ordinance Repeal Probation Fees, 3. Resolution Repeal Probation Fees, 4. Probation Fees April 2015, 5. Completed Board Order Item No. 41, 6. (REVISED) Completed Board Order and Resolution Item No. 41
Title
a. Receive an update on recent state legislation related to fees for probation services;
b. Approve termination of fees for sealing juvenile records;
c. Adopt a resolution rescinding Article XVIII of the Monterey County Fee Resolution related to fees collected by the Probation Department; and
d. Introduce, waive reading, and set July 27, 2021, as the date to consider adoption of an ordinance repealing Chapter 2.93 of the Monterey County Code to rescind authority to collect fees for probation services.

Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Receive an update on recent state legislation related to fees for probation services;
b. Approve termination of fees for sealing juvenile records;
c. Adopt a resolution rescinding Article XVIII of the Monterey County Fee Resolution related to fees collected by the Probation Department; and
d. Introduce, waive reading, and set July 27, 2021, as the date to consider adoption of an ordinance repealing Chapter 2.93 of the Monterey County Code to rescind authority to collect fees for probation services.

SUMMARY
In recent years, several legislative changes have taken place as part of the broader trend in the state of California of reducing or eliminating criminal justice fees. Probation is recommending rescinding Article XVIII of the Monterey County Fee Resolution, as collection of fees from juvenile and adult offenders is no longer applicable or pursued. Probation is also recommending an ordinance to repeal Chapter 2.93 of the Monterey County Code. Chapter 2.93 currently authorizes the collection of fees to recover the reasonable costs of probation services provided by the Monterey County Probation Department and is no longer necessary in light of the changes in state law.

DISCUSSION:
A series of legislative changes has altered the Probation Department's authority to collect fees from juvenile and adult offenders under its supervision for the recovery of reasonable costs of probation...

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