HomeMy WebLinkAboutCA Bail Schedule 2012CITY OF I%/�
Agenda Item No: 3 d
Meeting Date: October 3, 2011
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: CITY ATTORNEY
Prepared by: Eric T. Davis
II
SUBJECT:
City Manager ApprovalsLL
Resolution Regarding Proposed 2012 Bail Schedule for Violations of San Rafael Municipal Code.
RECOMMENDATION:
The City Attorney's Office recommends adoption of the Resolution.
BACKGROUND:
This year as in past years, the Executive Officer for the Marin County Courts has sent a memorandum,
dated September 14, 2011, requesting the City to provide the Courts with any proposed changes to the
City's Bail Schedule for violations of the San Rafael Municipal Code cited by the City as infractions or
misdemeanors in the Courts. In addition, the Court's memorandum advises the City of the default bail
amounts for any offense not specifically listed in the City's Bail Schedule. These default bail amounts are
used to set bail amounts for most of the City's code violations, except for those few City Code violations
which set graduated penalties for first and subsequent violations, for which different bail amounts are
used. A copy of the Court's memorandum is attached.
The City's Bail Schedule lists, for each City Municipal Code Section, the total bail amount that must be
posted and forfeited if a person issued a criminal citation for a violation chooses not to contest the citation
by going to trial. The total bail amount consists of a base bail, plus additional penalties, assessments,
surcharges and a court security fee that are collected by the County and State.
The Court's memorandum states that the default bail amounts for the 2012 Bail Schedule will be a base
bail of $35 for infractions and $185 for misdemeanors, with total bail amounts of $233 for infractions and
$828 for misdemeanors. The default bail amounts on the 2011 Bail Schedule were the same for base bail,
but the total bail amounts last year were $154 for infractions and $754 for misdemeanors.
FOR CITY CLERK ONLY
File No.:
Council Meeting: I i
Disposition: t- '. 112z -it
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paye: 2
The City receives 87% share of the base bail amounts (the County gets the rest) on collections for City
code violations pursuant to Penal Code Section 1463.002, but the City receives no portion of the
penalties, assessments and surcharges, which are split between the County and State. For example, in the
case of the recommended $233 total bail amount for an infraction, the City will receive only about $30,
and the County and State will receive about $203. In the case of a total bail amount of $828 for a
misdemeanor, the City will receive only about $160, while the County and State will receive about $668.
Accordingly, the City will receive less than 20% of the total bail reflected in the Bail Schedule.
The last time the City Council requested an amendment of the bail schedule was in 2008, when the City
Council adopted Resolution No. 12606, requesting the amendment of the City's Bail Schedule for 2009 to
reflect changes in the fines for animal control regulations in SRMC Section 6.10.010, 6.10.030 and
6.10.040, and to change the description of SRMC Section 14.04.020 regarding second unit violations.
This year, staff recommends that the City Council approve a proposed 2012 Bail Schedule for the City of
San Rafael, in the form attached as Exhibit "A" hereto. This proposed 2012 Bail Schedule for the City of
San Rafael will:
(1) Increase the total bail amounts consistent with the increase in the default total bail amounts
proposed by the Courts.
(2) Delete references to SRMC Sections 8.34.030A, 8.34.030B, 8.34.030C, 8.34.030D,
8.34.090A -L and 8.34.150 (repealed Massage Therapy Regulations), and add references to
SRMC Sections 10.90.030-10.90.110, Massage Therapy Regulations (new Regulations).
(3) Add references to SRMC Sections: 8.13.050, Construction --Prohibited Hours/Days; 12.21.10,
Property Maintenance Code Violations; 12.23.10, California Green Building Standards Code
Violations; and 12.46.30, Diversion of Construction and Demolition Debris from Landfill.
(4) Change the base bail for SRMC Section 8.30.020, Human Habitation of Vehicle, First
Offense, from $25 to $35, to be consistent with the base bail amounts for other first offenses
on the City's Bail Schedule, e.g. SRMC 8.14.50, Smoking Ordinance Violation. (This
change was shown on both the 2008 and 2009 Bail Schedules recommended by the City, but
apparently was overlooked by the Courts since this change was not highlighted in bold on the
recommended Bail Schedule.)
(5) Change the description of SRMC Section 14.16.140 to read: Fences — Heights / Locations 1
Materials.
ANALYSIS:
The City's code enforcement efforts in recent years have emphasized administrative enforcement through
use of administrative citations and administrative orders, pursuant to Chapters 1.44 and 1.46 of the
Municipal Code. However, situations will arise where police officers, and possibly code enforcement
staff, will need to pursue criminal enforcement remedies for some Municipal Code violations. Therefore,
it is important that the City's portion of the countywide Bail Schedule be updated to be consistent with
the current provisions of the Municipal Code.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
FISCAL IMPACT:
The proposed changes to the City's Bail Schedule, if adopted by the Courts, are not expected to result in
any change in the portion of bail payments for City Code violations remitted by the Courts to the City,
since the City by state law only receives 87% of the base bail amounts. No changes are being proposed in
the base bail amounts, except for a $10 increase in the base bail amount for a first offense violation of
SRMC Section 8.30.020, Human Habitation of Vehicle, which increase had been requested in previous
recommended City bail schedules but was overlooked by the Courts. This change is not expected to have
any significant fiscal impact.
OPTIONS:
The City Council could request that the base bail and total bail amounts for City code violations be
increased beyond the proposed levels, but the Marin County Superior Court has indicated that any
increases beyond the default bail amount levels ($35 base bail and $233 for infractions; $185 base bail
and $828 for misdemeanors) will require detailed justification by the City.
ACTION REQUIRED:
Adopt recommended Resolution Regarding Proposed Bail Schedule for Violations of Municipal Code.
Attachments: (1) Court Executive Officer Memorandum, dated September 14, 2011.
(2) Resolution.
(3) Exhibit "A" to Resolution, Proposed 2012 Bail Schedule (Additions, Revisions
and Corrections from the 2011 Bail Schedule are in bold, and underlined).
SUPERItjR CQURT OF CALIFORNIA
County of. Marin
MEMORANDUM
TO: Marin County Chiefs of Police
and Affected Agencies
FROM: Kim Turne
Court Ex facer
DATE: September 14, 2011
SUBJECT: ANNUAL BAIL SCHEDULE REVIEW
SEP 19 2011
In preparation for the annual bail schedule review conducted (in accordance with the
provisions of Penal Code § 1269b(c) and Rule 4.102 of the California Rules of Court)
by the Judges of the Marin County Superior Court, I am writing to invite your agency
to provide written recommendations for changes to your juridiction's offenses. Please
see the January 2011 bail schedule available online at:
http://www.marincourt.org/uniform-bail-sched.htm
The bail schedule reflects your agency's current list of offenses. As part of your
review, please see the questions below and discuss them with your city attorney
and/or governing body.
• Are there any errors in the section, type of violation and/or the short
description of the offense?
• Have you re -numbered or re -lettered your violations in any manner?
• Do you have new offenses that you would like to add to your local
ordinance schedule? If so, please list them in the same format as your
existing schedule and provide a brief explanation to help the Court in
establishing an appropriate bail amount.
• If you would like the Judges to consider a change of "Total Bail" for any of
your existing offenses, please provide a brief justification to the Court.
page 1 of 2
Would you like to change the severity of an offense for any of your
violations (e.g. provide an infraction level for a violation presently listed as
a misdemeanor only?)
Unless there is a change in the Judicial Council authorized default bail
amounts, for calendar year 2012, the Court has established the following
default bail amounts for any offense not specifically listed in the local ordinance
schedule:
Base + Add'1 Penalties Total Bail/Penalty
Surcharges
Misdemeanor $185 + $573 = $758 + $40* + $30* _ $828
Infraction $ 35 + $123 = $158 + $40* + $35* _ $233
* The $40.00 fee for Court Security specified by Penal Code § 1465.8(a) is also
collected on each convicted charge in addition to the stated total bail. Any bail
amount you propose will include the additional $30.00 fee per conviction upon
collection. Accordingly, if there is more than one charge listed on a complaint
or citation, there may be multiple assessments of the $30.00 fee if the
defendant is convicted on more than one charge. These collections will be
remitted to the State.
Also, please note that, pursuant to California law, the Court will add to the
total bail a conviction assessment of $35.00 for each infraction and $30.00 for
each misdemeanor.
Felony Bail Schedule: The presumptive bail for any felony charge not listed
in the Felony Bail Schedule is $10,000; however, the bail may be enhanced in
the same manner as if the felony charge were listed in the Felony Bail
Schedule.
In order for the Court to consider your input, please respond in writing with any
proposed changes or corrections by October 14, 2011 to:
MARIN COUNTY SUPERIOR COURT
ATTN: BAIL REVIEW
P.O. BOX 4988
SAN RAFAEL, CA 94913-4988
Your response will be reviewed by the Judges, enabling the Court to provide your
agency with a reply regarding your proposed amendments before the end of the year,
subject to receipt of state -authorized bail schedule from Judicial Council.
Should you have any questions regarding this procedure, do not hesitate to contact
me at (415) 444-7398. Thank you for taking the time, once again, to assist the Court
with this annual bail review.
page 2 of 2
I:\BAIL SCHEDULE\2011\BAIL REVIEW LETTER 2012.doc
RESOLUTION NO. 13241
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL REGARDING PROPOSED 2012 BAIL SCHEDULE
FOR VIOLATIONS OF THE SAN RAFAEL MUNICIPAL CODE
WHEREAS, Penal Code Section 1269(b) requires the Marin County Superior Court to adopt an
annual countywide bail schedule which includes bail amounts for Municipal Code violations; and
WHEREAS, the Presiding Judge of the Marin County Courts has requested the City of San
Rafael to advise the Presiding Judge of any proposed changes to the bail schedule for violations of the
San Rafael Municipal Code for inclusion in the 2012 countywide bail schedule; and
WHEREAS, the text of the bail schedule for the City of San Rafael was last amended in 2009
based upon a recommendation by the City Council in 2008 by Resolution No. 12606, and has thereafter
been amended by the Courts to increase the total bail amounts to reflect changes in statutory surcharges,
penalties and assessments; and
WHEREAS, the bail schedule now needs to be amended to reflect the changes made in the last
two years to add and delete sections of the City's Municipal Code, to change the descriptive language for
some SRMC Sections listed in the schedule, to provide uniformity in the base bail amounts set for first
offenses, and to be consistent with the default schedule for bail amounts being recommended by the
Courts.
NOW THEREFORE, be it resolved by the City Council as follows:
1. That the Marin County Superior Court is requested to revise the proposed 2012 Bail
Schedule for violations of provisions of the San Rafael Municipal Code to read as provided in Exhibit
"A" attached hereto.
2. That the City Clerk is directed to forthwith transmit a copy of this Resolution to the
Presiding Judge of the Marin County Superior Court.
I, ESTHER C. BEIRNE, City Clerk of the City of San Rafael, hereby certify that this Resolution
was duly and regularly introduced and adopted at a regular meeting of said City Council held on the 3rd
day of October, 2011 by the following vote, to wit:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS
Brockbank, Connolly, Heller, Levine & Mayor Boro
None
None
a
ESTHER C. BEIRNE, City Clerk
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ROUTING SLIP FOR APPROVAL OF
CONTRACTS / AGREEMENTS / ORDINANCES / RESOLUTIONS
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF ORIGINAL
CONTRACT / AGREEMENT / ORDINANCE / RESOLUTION
BEFORE APPROVAL BY COUNCIL / AGENCY.
SRRA / SRCC AGENDA ITEM NO: t
DATE OF MEETING: October 3, 2012
FROM: Eric T. Davis, Deputy City Attorney R 1E, m _ V E D
DATE: September 28, 2011
ORIGINATING DEPARTMENT: City Attorney
TITLE OF DOCUMENT:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REGARDING
PROPOSED 2012 BAIL SCHEDULE FOR VIOLATIONS OF THE SAN RAFAEL
MUNICIPAL CODE.
Eric T. Davis
Deputy City Attorney II
(LOWER HALF OF FORM FOR APPROVALS ONLY)
Reviewed by City Manager / Executive Director
Lc
Approved as Cou cit / Agency Agenda Item
REMARKS:
APPROVED AS TO FORM:
City Attorney (Signature)
❑ NOT APPROVED