To: Board of Supervisors
From: Probation
Agenda Section: Consent
SUBJECT:
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Supplemental Budget for Budget Unit 235 for the Recording of Satisfactions of Abstracts of Judgment on Behalf of Families as a Result of Senate Bill 1290 (4/5 Vote Required)
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RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Approve the attached supplemental budget for budget unit 235.
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SOURCE OF FUNDING:
3782 Probation Trust Fund
DISCUSSION:
Senate Bill 190, since Jan. 1, 2018, prohibits the imposition of financial liability on the parents or guardians of a minor who has been adjudged a ward of the juvenile court for certain county-assessed or court-ordered costs, such as transportation to a juvenile facility, legal assistance, and home supervision. Existing law, since Jan. 1, 2018, does not require minors who are required to submit to drug and substance abuse testing to pay for the costs associated with testing. Finally, existing law, since Jan. 1, 2018, only requires adults over 21 years of age to pay an administrative fee associated with a home detention program.
In January 2021, a bill intended to clean up existing law took effect; Senate Bill 1290. This bill vacated certain county-assessed or court-ordered costs imposed before Jan. 1, 2018, for the parents or guardians of wards in specified circumstances, minors who were ordered to participate in drug and substance abuse testing, and adults who were 21 years of age and under at the time of their home detention. In vacating these fees, the Humboldt County Probation Department had the obligation to cease collection efforts and satisfy all existing Abstracts of Judgment for these debts. This resulted in 260 Satisfactions of Abstracts of Judgment being processed and notarized by the Probation Department, all of which will require recording with the County Recorder’s Office in order for them to take effect.
Upon contact with the Humboldt County Clerk-Recorder’s Office, Probation staff became aware that these families would incur an $80 recording fee. This would seem counter to the intention of the legislation, which is to reduce the financial burden for these families. Probation, were it to record these documents, would be able to record them at a reduced government rate of $20 per document. Today staff is recommending your Board approve a supplemental budget to move funding out of a Probation trust fund and into budget unit 235 to cover the cost of recording these Satisfactions of Abstracts of Judgments.
FINANCIAL IMPACT:
The attached supplemental budget is for $5,200 which would be coming from Probation’s main trust account 3782000. The trust account has a current balance of $1,020,945 and is primarily comprised of Title IV-E revenues from past years. There is no impact to the county’s General Fund.
STRATEGIC FRAMEWORK:
This action supports your Board’s Strategic Framework by providing community-appropriate levels of service .
OTHER AGENCY INVOLVEMENT:
Humboldt County Clerk-Recorder
ALTERNATIVES TO STAFF RECOMMENDATIONS:
The Board may opt not to approve this supplemental budget however that is not recommended. Without this supplemental budget, Probation would not have the budgeted funds to cover the cost of recording these documents. The cost of recording these documents would then have to be passed on to the families affected by this legislation. Unfortunately, these families would be able to record at the government rate and would be charged $80.00 per Satisfaction of Abstract of Judgement which in the opinion of Probation is counter the spirit of this legislation.
ATTACHMENTS:
1. Supplemental Budget for Budget Unit 235
PREVIOUS ACTION/REFERRAL:
Board Order No.: C-19
Meeting of: 1/5/2021
File No.: 21-4