HomeMy WebLinkAboutCA Bail Schedule 2014Meeting Date: October 21, 2013
City Manager Approvals
Resolution Regarding Proposed 2014 Bail Schedule for Violations of San Rafael Municipal Code.
The City Attorney's Office recommends adoption of the Resolution.
I
This year as in past years,, the Executive Officer for the Marin County Courts has sent a memorandum,
dated September 16, 2013, 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 2014 Bail Schedule will be a base
bail of $35 for infractions and $185 for misdemeanors, with total bail amounts being $162 for infractions
and $777 for misdemeanors after adding penalty assessments and surcharges, but excluding additional
charges that are imposed as court security fees and conviction assessments. The default bail amounts on
the '.2_013 Bail Schedule were the same as those being proposed for base bail and total bail amounts on the
2014 Bail Schedule.
File No: 13-8
Council Meeting: 10/21/2013
Disposition: Resolution 13628
The City receives approximately 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, surcharges, court security fees or conviction assessments, which are split between
the County and State. For example, in the case of the recommended $177 total bail amount for an
infraction'. the City will receive only about $30, and the County and State will receive about $147. In the
case of a total bail amount of $777 for a misdemeanor, the City will receive only about $160, while the
County and State will receive about $617. Accordingly, the City will receive 20% or less than the total
bail amount reflected in the Bail Schedule.
The City Council approved an amendment of the bail schedule last year, when the City Council adopted
Resolution No. 13423, requesting that the Courts amend the City's Bail Schedule to reflect (1) changes to
the descriptions of the violations in SRMC Sections 8.18.030 and 8.18.050and deletion of the violation
in SRMC Section 8.18.040, to conform with Ordinance #1906 amending the City's Open Container
Ordinance; (2) addition of violations for Ordinance 4 1, 907 covering the Prohibition on Polystyrene Foam
Disposable Food Packaging by Food Retailers (SRMC Section 10.92.020); (3) deletion of the reference to
the repealed SRMC Sections 8.14.050-8.14.10, and addition of references to SRMC Sections 9.04.050,,
9.04.060i9.04.070ii 9.04. 100and 9.04.110 for violations under Ordinance # 1908 covering the expanded
Smoking Ordinance; and (4) changes to the description for the violation in SRMC Section 14.19.07011,
Temporary Signs.
This year, staff recommends that the City Council approve a proposed 2014 Bail Schedule for the City ol
San Rafael, in the form attached as Exhibit "A" hereto. This proposed 2014 Bail Schedule for the City o
San Rafael will revise the descriptions for the violations in SRMC Sections 8.18.020 8.18.030 an
8.18.050,, and delete the violation in SRMC Section 8.18.040, to conform with Ordinance #190
amending the City's Open Container Ordinance.
ANALYSIS:
The City's code enforcement efforts continue to emphasize administrative enforcement through use of
administrative citations and administrative orders,, pursuant to Chapters 1.44 and 1.46 of the Municipal
Code. However, situations may 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.
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. The base bail and total bail
amounts being recommended for City code violations are consistent with the recommendations by the
Courts for the default base bail and total bail amounts for code violations not specifically identified in the
City's bail schedule.
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 $162 total bail amounts for infractions,,
J
and $185 base ball and $777 total bail amounts for misdemeanors) will require detailed justification by
the City.
CA, U4 WQ 2 'J'
Attachments: (1) Court Executive Officer Memorandum, dated September 16, 2013.
(2) Resolution.
(3) Exhibit "A" to Resolution, Proposed 2014 Ball Schedule (Additions, Revisions
and Corrections from the 2013 Bail Schedule are in bold, and underlined).
=Iwo I WMANE 0MA I W -of NO talz
WHEREAS, Penal Code Section 1269(b) requires the Marin County Superior Court to adopt a
annual countywide bail schedule which includes bail amounts for Municipal Code violations; and i
WHEREAS, the Presiding Judge of the Marin County Courts has requested the City of Sa
Rafael to advise the Presiding Judge of any proposed changes to the bail schedule for violations of thl-
San Rafael Municipal Code ("SRMC") for inclusion in the 2014 countywide bail schedule; and I
WHEREAS, the text of the bail schedule for the City of San Rafael was last amended in 2013
based upon • recommendation by the City Council in 2012 by Resolution No. 13423; and
WHEREAS, the bail schedule now needs to be amended to reflect the changes made in the last
year to delete a section of the City's Municipal Code, to change the descriptive language for some SRMC
Sections listed in the schedule, 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:
I . That the Marin County Superior Court is requested to revise the proposed 2014 Ba
Schedule for violations of provisions of the • Rafael Municipal •!- to read • provided in Exhib
attached hereto. I
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.
L, ESTHER C. BEIRNE, City Clerk of the City of San Rafael, hereby certify that this Resolutiol
was duly and regularly introduced and adopted at a regular meeting of said City Council held on the 21
day of October, 2013 by the following vote, to wit:
AYES: COUNCILMEMBERS: Connolly, Heller, McCullough & Mayor Phillips
el:f-> gioi�— 4ro. a 4&4 Z" -k I
ESTHER C. BEIRNE, City Clerk
1 10,
klq
0
CA
CL
(D
00 00 00 CN cl� (t...h �A (-A
#:i�4j
-.A ;-.1 0--�A 4i
00 00
>
00 00 V�
CD 0 CD
4
O -A
of
O -A
O -A## P""I` 1. iI t �- JFr�� "'1 h'5 (�1'S �ir'+r�ri ` `� �.i //� F. j/r'�v #
p CD
CL CO�-A•:=
CA CL (A
# C 4 C4 j S `)
(D e"I CD
00
CL (D
IrD CD
O.A O -A
00
00 00
n O -A
4�6
CD 0-1 O.. -j
O -A
00
<=
00 CD n
6 O—A
O.A 00
00 n
00
00 CD
ro 00
CD
00
n
O -A 00
O.A
00
*-A a
kA CA
00 oc 00 00 w 00 00 00 00 oc 00 oc w 00 00
tl-i t -J t -j
00 00 04 00 00 CSC' {gyp 00 40 00 40 00 00 40 00 {gyp CSC} 00 00 40 00 CEJ 00 00 00 00 00 40 00 00
Cr
. . . . . . . . . .
r-•-+ r--+ r r-+► r--+ ►-�-�► ►-W-►-�►.-► w-�.+ wr�+ tom...► rte-+ r---+-► �--� r--+ ►�-+ w�-+ w---► r--�. w-�.+ ►.�-+ w---+ w--.+ ►-�.+
w t"i
cn �' � N � � F.-.-► C� ►..-a k.....� 6....+ i.-... r� '�j w--�+ C C G� � � C� C'� �
Gtr
h�1 Fit F� h� F�1 M-wi ice+ F'--+ F�� Fri F..�{ Fri ►Wi F�1 H Mei h•• -'t F•�1 F� F��1 Mei FWD l�+I F^1 Iii Fi�1 H M�•�-# h•�i
-eol, ... f- . n CD to • '-
Cts dc4 O -q qc4 qt� ,.�.-. .... t"p
CD
CD
boq
c� O.....
CD O -A
�"`1 � � � v � � . � . F+w ♦ p... • ,..... j..1 . � t -H- V � � �,r, ""fit ty�'q N'.t i�4 h-•-= F"` '
CD
O -A CL
CL CD
qq
CL s
,-A
0--- �= 4 �74
10 O -A
rD CD
�..►
• C> ,. (` Cc), . cU....
CD
CL
.. cn w..r..
C � "
r
f'D
p
tZ
f
l
A ' + i )....I I 1 ► ..-W+ yam► -w ,-13
.gid
C
►�.r+ ) )--t r+ 0-" ► 0 *--A *--" 0-4 ).-" r
,GJ
(D FD
CA (A
*.A 0 CA C4
n �j CD CD
O.A
' � � � �"`t`i '�`� ►� i "� ►,� � tom' � � t D � {p
CD
CD
O -A 0
O -A
O -A CD
#-+ �-t
rTl
�l CD IrD
C4 O -A CA
CA x * n
C4 CA
cn CD
cl. CD CA cn
CA (D
n C4 C/�
C4 CA
rTl CU
0 --- A
�Q-A koq
-_A w
�6q kA (;Oq r;.-Oq kpq k;oq kA
01�
00 00 00 00 00 00 00
00
CL CL .• CL
CE CE cl. CZ CL CZ CZ• N ;: CSU �,;�, C
� " A
O.A
O -A
CL
CL (D CL c) C)
I= CD CD
CD OA
CD O -A
CD O -A C) p
(-D r-LCC,.CD
CD
CD CD (D CD
w
On
CD $=
O -A
p
ar
CD N
0�5 CD
k w
ar
O -A
f..+
k-eol
CL
00 F)A
CD
O..A.
CD
CD C
a,A
GotllEA -E� Gol� b� bolti k/� kA kA -EA
ON CIN SIN ?10.7N
t\j t -j t"J tlj t1i t-li tJ
koot, 4GOq
koo!� �A kll!� klll� kA
boq �Al
k/� boq -E� bo!� kA kA kA kA kilt)
VIA
I
I
M
O -A
rTl
(D C) C D t` ?P P
O -A
CD
O -A
O -A
O -A
CD Vl
O -A
0
CD
0 CD
CD
i `Yi MW
ar O..A 2.A
O -A
O.A CD
rl^ O -A 6 IrD
IrD (5
CrA
f.4.
rTl
',.oO(
IrD
CD
00
O -A
w w w w w w w w w w
oc oc 00 00 00 00 00 00 oc oc 00 00 00 00 00 00 00 00 00 00 00 00 00
�641 �-Al
CJ's CA
(A
n
CL
CA
CD
CL 10
Cly
CL k^
AVIN
O—A
O-A
CJS
O-A
CD
O-A
CL
Ptd
bof7� bAl boc-� bol�
N-A
bol� bo!� A60q kl-e�
OFFICE (--)F 1AE' CI`I'Y XVTORNEY
Robert F, Epstein, City ALtorney
T_Jsa A. GoIdIllien, Assistant City Attorney
�, 'T. Davis, Deputy City Aev ttornIt
c
October 24, 2013
By U.S. MaU and mwil (a' dml*n ts-trafionL&,ii ta Hn co urt.
Marin County Superior Court
Attn: Ball Review
P.O. Box 4988
San Rafael, CA 94913-4988
Imo: It of San Raf�ael-Recornmended Bail Schedule Revisions for 2014
Dear Sir/Madam-,
In response to the Memorandum dated September 16, 2013, from Kirn Turner, Court
Executive Officer, to the Marin County Chiefs of Police regarding the Annual Ball Sched-L11C
on October 21, 2013, adopted Resolution No.
Review, the San Rafael City Council at its meeting* el
13628, with recommendations for v
or a revised 2014 Bail Schedule for lolations of the San Rafa
Municipal Code.
Enclosed please find a copy of Resolution No. 13628 with 'its attached Exhibit "A", for
your consideration in connection with adoption of the 2014 Bail Schedule,
Please note that the City's recommended 2014 Ball Schedule would:
(1) Change the description of SRMC Section 8,10.0901.., to "Gambling in City
Parks/Buildings".
(D*y City 2) "IsorderlConduct in Change the description of SRMC Section 8.10,090M to
Parks/Buildings".
(3) Add SRMC Section 8,10.090N ("Lawn Darts/Horseshoes Outside Designated Areas
in City Parks"), with the violation designated as a wobbler (I/M), with related Base
Bail and Total Ball amounts.
(4) Change the description of SRMC Section 8.18.020 to "Possession of Open Container
of Alcoholic Beverage Near Liquor Stores", and change violation from an infractioll
(1) to a wobbler (I/M), with related changes to the Base Ball and Total Bal' I aMOUnts.
1400 Fifth AvellUe (P.O. Box 151560) San Rafael, CA 94915- 1560
PHONIF° (415) W-3080 / FAV (41 485-3109 / ENIAIL: city,attom.4y
N CA N ("I C"4 C,4 C14 C4 C-4 N CA CI -4 CI -4 C-4 C-4 r-4 ccwt
11C �C \IC "Ic \IC 11C 110 1110 �lc Isc I -C INC \IC 110 1.0 �-o �lc �o �o 11C "o sc �C �C "Ic "Ic 11C 11C 110
�r—1 �oq ip� (A 601� 40q 60!� V� io% toq oq fvt� irc) iooc� ipl� 4�pq f4l� 44� �op (001'�
C13 00 00 00 00 00 00 00 000000000000000 00 oc 00 oc 00 00 00 00 00 00 00 00 00 oc oc
A�oq (Al 6�1 iool!� A�oq �6q Goq Loq GO) toq �oq 60% �oq 60c) �pq rgoq 60:� 60% (oq Goq �0� 60!� -0q 60q (�q Go:� 4b�o (241t� I�oq f;oq
1 1-4
r-.4
71Y
r-4 P-4
4--0 V"
N.4
CL4 cl
V-4 V-4
Eli
C3
:j oj -C
-tj 0
IV
cn
coo
cn
P-4
cl
m ct
, rN3
ct
tb P
CIL
cr�
0 1 W-4 V-4 V-4 r--4
P-4 V-4
0 cl 4-4 0
'"9717" 07, f 17,
S.W
I<V 4
per, ---4
oc 00 oc 00 00 00 oc oc 00 Oo 00 00 00 00 00 00 00 00 oc 00 Oc 00 00 oc) 00 coc oc oc oc oc
dWW
•
m
I
I
fv� IrQoq (Ooq lr�6 �oq f;j� �� I�oq V� (*q �oq
Md��W��Iqwmm LIM
601-� �Qoq -,.-Oq ri;;Oq 6101� 601� Eol!� k$ll� �ioq flw� 609r 4�oq (—A
I
#
r
n
��ryry
ba..
Mit
r
�M1YM'YI
Mn''""4
int tii.! 1.�1
V d
J «
Y s
Cw
d
t
Y Thi
4-4
Vu#rw+iP !"."y7W1
41s
d=ad°
�S,•,«,►��'
ct Ye/
0-4
CIO
tea} TY
Esther Beirne
From:
Eric Davis
Sent:
Monday, October 21, 2013 8:21 AM
To:
Esther Beirne
Cc:
Lisa Goldfien; Laraine Gittens
Subject:
San Rafael Bail Schedule
Attachments:
20131018173030.pdf
The Courts caught some errors in our Bail Schedule that I had not seen before.
. I
I have asked Laraine to send you a corrected proposed Bail Schedule, in the hopes that you can give it to the Council as a,
substitute to the Bail Schedule that was attached to the Staff Report for tonight's meeting.
The correction involves the addition of a code violation, SR MC Section 8,10.090L Gambling in City Parks/Buildings that
was left out of the Bail Schedule, and the correction of the mislettering of two other code violations, SR MC Section
8.10,090M Disorderly Conduct in Parks(mislettered as 8.10.090L), and SRMC Section 8.10,08ON Law Darts/Horseshoes
Outside Designated Areas (mislettered as 8.10.080M)
From: Wentland, Penney [mailto:penne wentlandCd)rnanncourt.orq`
Sent: Friday, October 18, 2013 2:26 PIVI
To: Eric Davis
Subject: San Rafael Bail Schedule
I was adding a San Rafael ordinance violation to our minor offense case management system and noticed something in
the Bail Schedule. I don't know if you have a printed copy or not but what we have on our website is the PDF file of the
actual printed copy we use in the court. Anyway - if you look at P 31 of Appendix C or use this
jump f and go to the second page which is page 31 - 8.10,090L is
listed as Disorderly Conduct in City Parks/Buildings but in the California Municode library, 8.10.090L is Gambling. Then
8.10.090M is listed as Lawn Darts/Horseshoes Outside Designated Areas in City Parks but in the California Municode
library, 8-10.090M is Disorderly Conduct. 8.10.09ON is Lawn Darts/ Horseshoes Outside Designated Areas in City Parks.
I've attached a marked up page - thinking Carol would give it to you but here it is electronically.
Penney Wentland
Court Management Analyst
Superior Court of California, County of Marin
Direct Line- 415.444.7378
penney wentland@maCincourt.org
www.marincourt.orQ-1
Mission.- To ensure fair and equal access to justice and serve the public with dignity and respect.
TO Marin County Chiefs of Police
and Affected Agencies
FROM: Kim Turner
Court Executive Officer
DATE: September 16, 2013
SUBJECT: ANNUAL BAIL SCHEDULE REVIEW
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 2013 bail schedule available online at:
http://www.marj*Lncourt.org/uniformbail 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 samc format as'your
in
existing schedule and provide a brief explanation to help the Court'
establishing an appropriate bail amount.
10
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.
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 2014, the Court has established the following
default bail amounts for any offense not specifically listed in the local ordinance
schedule:
*
Base + Add'l Penalties Total Bail/ Penalty
Surcharges
Misdemeanor $185 + $592 = $777 +X40* +X30* = $847
Infraction $ 35 + $127 = $162 + $40* +X35* = $237
* The $40.00 fee for Court Security specified by Penal Code § 1465.8(a) is als
collected on each convicted c in addition to the stated total bail. Any baii
amount you propose will include the additional $30.00 fee per conviction upo
collection. Accordingly, if there is more than one charge listed on a complain
or citation, there may be multiple assessments of the $30.00 fee if th
Ll
defendant is convicted on more than one charge. These collections will b
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 cha-rge not liste
in the Felony Bail Schedule is $ 10,000; however, the bail may be enhanced i
the same manner as if the felony charge were listed in the Felony B
Schedule. I
In order for the Court to consider your input, please respond in writing with an
proposed changes or corrections by October 16, 2013 to: 11
MARIN COUNTY SUPERIOR COURT
ATTN: BAIL REVIEW
P.O. BOX 4988
SAN RAFAEL, CA 94913-4988
W.-OffaRillm mot NEW:
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) 444-7020. Thank you for taking the time, once again, to assist the Court
with this annual bail review.
ROUTING SLIP FOR APPROVAL OF
CONTRACTS AGREEMENTS
INSTRUCTIONS:Ri ORIGINAL
CONTRACT AGREEMENT ORDINANCE
BEFORE APPROVAL
SRRA A ! l 4. b
DATE OF MEETING: October 1
FROM: Eric T. D,Deputy
DATE: October 15, 2013
ORIGINATING DEPARTMENT:
KESOLUTION OF THE CITY COUNCIL OF THE CITY OF 1 RAFAEL REGARDING
PROPOSED 2014 1IL SCHEDULE FOR VIOLATIONS 1 RAFAEL
MUNICIPAL CODE.
Eric T. Davis
Deputy City Attorney II