REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
June 13, 2023
FROM
JASON ANDERSON, District Attorney
SUBJECT
Title
Agreement with the California Victim Compensation Board to Receive Funding for the Criminal Restitution Program
End
RECOMMENDATION(S)
Recommendation
1. Approve Agreement with the California Victim Compensation Board (Agreement No. S23-027), including a non-standard term, to receive funding for the Criminal Restitution Program in the amount of $449,859 for the period of July 1, 2023 through June 30, 2026.
2. Adopt Resolution, as required by the California Victim Compensation Board, authorizing the District Attorney to sign and submit the agreement referenced in Recommendation No. 1 on behalf of the County, including the confidentiality statement and certification, and any subsequent non-substantive amendments, subject to review by County Counsel.
3. Direct the District Attorney to transmit the agreement documents and any non-substantive amendments to the Clerk of the Board of Supervisors within 30 days of execution.
(Presenter: Michael Fermin, Chief Assistant District Attorney, 382-3662)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). The total funding of $449,859 from the California Victim Compensation Board (CalVCB) will be distributed to the District Attorney’s Office (Department) in the amount of $149,953 annually for three years beginning in 2023-24, with no local match required. This revenue will be used to help fund staff assigned to the Department’s Criminal Restitution Program (Program), including one Restitution Specialist (Paralegal) and one Office Assistant III. Sufficient Appropriation and revenue related to this item will be included in the Department’s 2023-24 recommended budget and in future recommended budgets.
BACKGROUND INFORMATION
In 1997, CalVCB implemented the Program to increase imposition of statutorily mandated restitution fines and restitution orders in criminal cases. This Program was established to ensure there would be funding available state-wide to assist victims of crime. San Bernardino County (County) has been receiving funding under this Program for the last 26 years.
The recommended agreement with CalVCB will allow the Department to receive an allocation of funding for the County’s Program for the next three years. Specifically, these funds will be used by the Department to offset the projected cost of staff assigned to educate criminal justice personnel regarding restitution requirements of the California Constitution and California Penal Code. The Program staff coordinates with Deputy District Attorneys, Probation Officers, law enforcement agencies, court personnel, etc., and provides information necessary to ensure proper restitution fines/orders are imposed in accordance with applicable statutes.
The Department received notification from CalVCB to sign and return the agreement by June 2, 2023. This item is being presented at this time, as it is the first available date following the required operational, fiscal and legal review. An extension has been requested through June 16, 2023, to ensure adequate time to obtain Board of Supervisors (Board) approval.
The agreement contains the following non-standard provision, which requires Board approval:
1. The agreement requires any disputes, which cannot be resolved by mutual agreement, to be decided by CalVCB’s Administration Division Chief or designee. The decision of the Administration Division Chief, issued in writing, shall be final.
• Standard County policy requires a non-binding form of dispute resolution.
• Potential Impact: All disputes, which cannot be resolved by mutual agreement, will be settled by a final and binding decision by CalVCB’s Administration Division Chief. The County’s right to challenge the decision will be limited.
The Department recommends approval of the agreement, including non-standard terms, for receipt of funding in the amount of $449,859 for the Program.
PROCUREMENT
N/A
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Katherine Hardy, Deputy County Counsel, 387-5455) on May 18, 2023; Finance (Kathleen Gonzalez, Administrative Analyst, 387-5412) on May 25, 2023; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on May 25, 2023.