June 2, 2008 SUBJECT: RESOLUTION IMPOSING AN ADDITIONAL PENALTY FOR TESTING FOR DRUG AND ALCOHOL SUBSTANCES

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1 AGENDA June 10,2008 COUNTY ADMINISTRATOR SUSAN S. MURANISHI COUNTY ADMINISTRATOR DONNA LINTON ASSISTANT COUNTY ADMINISTRATOR June 2, 2008 Honorable Board of Supervisors Administration Building Oakland, CA Dear Board Members: SUBJECT: RESOLUTION IMPOSING AN ADDITIONAL PENALTY FOR TESTING FOR DRUG AND ALCOHOL SUBSTANCES RECOMMENDATION: Pursuant to Penal Code Section (b), approve a resolution imposing an additional penalty of $50 for the cost of testing for drug and alcohol content of substances used by defendants convicted of driving under the influence of alcohol and/or drugs. DISCUSSION/SUMMARY: Penal Code Section (a) permits the collection of $50 from each fine for each Driving Under the Influence (DUI) or wreckless driving conviction to pay for the cost of drug and/or alcohol testing performed by the County, city or special district within the County. Penal Code Section (b) permits the Board of Supervisors to authorize an additional penalty upon defendants convicted of driving under the influence of alcohol and/or drugs of an amount equal to the cost of testing for these substances alcohol content. The additional penalty authorized by this subdivision shall be imposed only in those instances where the defendant has the ability to pay, but in no case shall the defendant be ordered to pay a penalty in excess of fifty dollars ($50). The penalty authorized shall be deposited in a special account and distributed directly to the County, city or special district within the County which performed the test. Estimated annual revenue totals $128, OAK STREET. SUITE 555 OAKLAND. CALIFORNIA (510) FAX (510,

2 Honorable Board of Supervisors -2- June 10,2008 FINANCING: No budget adjustments are requested at this time. Very truly yours, SSM:KG:vrr Attachment c: Presiding Judge, Superior Court Court Executive Officer Sheriff Auditor Controller County Counsel Susan S. Muranishi County Administrator

3 THE BOARD OF SUPERVISORS OF THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA RESOLUTION NUMBER R-2008 _ A RESOLUTION TO ASSESS AN ADDITIONAL PENALTY FOR PERSONS CONVICTED UNDER SECTIONS AND OF THE VEHICLE CODE WHEREAS, Penal Code Section (a) provides that fifty dollars ($50) of each fine collected for each conviction of a violation of Section 23103,23104,23152, or of the Vehicle Code is to be deposited with the County Treasurer to be used exclusively to pay for the County's cost ofperfonning an analysis ofblood, breath or urine for alcohol content or for the presence ofdrugs, or for the reasonable costs of services related to that testing; WHEREAS, the county costs ofperfonning these tests have significantly increased over the years but the amount of funds generated to pay for these services has consistently remained the same; WHEREAS, the Section funds deposited into the County treasury are depleted before the end of each fiscal year and thus full reimbursement to County law enforcement agencies for their crime lab services is precluded; WHEREAS, Section (b) of the Penal Code authorizes this Board of Supervisors to adopt a resolution authorizing an additional penalty upon each defendant convicted of a violation of Section or of the Vehicle Code; WHEREAS, the additional penalty authorized by Penal Code section (b) is to be imposed only in those instances where the defendant has the ability to pay; and WHEREAS, the additional penalty authorized by Penal Code section 1463.l4(b) is to be an amount equal to the cost of testing for alcohol content, less the $50 court fine, and is not to exceed an additional fifty dollars ($50); NOW, THEREFORE, BE IT RESOLVED AND ORDERED that this Board of Supervisors hereby adopts and imposes, effective immediately, an additional penalty in the amount of fifty dollars ($50) as set forth above and pursuant to Penal Code (b) on those who are convicted of a violation of Section or of the Vehicle Code and have the ability to pay said additional penalty.

4 BE IT FURTHER RESOLVED AND ORDERED that, pursuant to Penal Code Section (b), the additional penalty collected shall be deposited directly with the County Treasurer in the special account already established for the fine pursuant to Penal Code (a), and the additional penalty shall be used exclusively to pay for the cost ofperfonning an analysis ofblood, breath or urine for alcohol content or for the presence of drugs, or for the reasonable costs of services related to that testing. THE FOREGOING was PASSED and ADOPTED by majority vote of the Alameda County Board of Supervisors this _ day of 2008, to wit: AYES: NOES: EXCUSED: SCOTT HAGGERTY PRESIDENT, BOARD OF SUPERVISORS ATTEST: Crystal Hishida Graff, Clerk Board of Supervisors Approved as to Form Richard E. Winnie, County Counsel By _

5 NOTICE OF PUBLIC HEARING AND SUMMARY OF PROPOSED RESOLUTION PERTAINING TO DRUG AND ALCOHOL SUBSTANCES TESTING FEES NOTICE IS HEREBY GIVEN. that the Board of Supervisors of the County of Alameda will hold a public hearing on Tuesday, June 10, 2008 at 10:30 a.m. to consider the adoption of a proposed additional penalty of $50 for the cost of testing for drug and alcohol content of substances used by defendants convicted of driving under the influence of alcohol and/or drugs pursuant to Section (b) of the Penal Code effective upon adoption by the Board of Supervisors. The Board meets in Room 536, County Administration Building, 1221 Oak Street, Oakland, California. Clerk of the Board of Supervisors

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