Adopt resolution amending the distribution of court penalties, fines and forfeitures to specified funds per Government Code 76000 effective July 1, 2023; and direct the Interim Chief Financial Officer to close the Courthouse Construction Fund and transfer residual balances to the Criminal Justice Facilities Fund or the State Court Facilities Construction Fund as determined by the State Controller's Office. (No general fund impact) (Haynes/Alves)

Under State law, the Board of Supervisors is required to levy an additional penalty of $7.00 for every $10.00 on certain court fines, penalties and forfeitures pursuant to the Trial Court Realignment and Efficiency Act (Government Code section 76000, effective June 30, 1991). On July 16, 1991, the Board adopted a resolution (Resolution No. 91-81) levying the assessment, which is collected by the Yolo Superior Courts for certain offenses, and adopted a corresponding distribution of these assessments into the Courthouse Construction Fund, Criminal Justice Facility Construction Fund, Emergency Medical Services Fund, and the Fingerprint Identification Fund. The current distribution of the $7 is as follows: 

The State Controller's Office periodically audits the County on compliance of the distribution of court fines, fees and penalties in accordance with the Trial Court Revenue Distribution requirements under state law. As part of a recent audit, it was determined that the County is still entitled to collect the additional $7 penalty. However, the County no longer needs to deposit funding into the Local Courthouse Construction Fund as the responsibility for court facilities has transferred to the Judicial Council with the construction of the new courthouse. As a result, the County should adopt a new distribution of the penalty amount, and needs to close out the remaining balance in the Courthouse Construction Fund that was collected and deposited since the transfer of responsibility (approximately $550,000). The County is working with the State Controller's Office on any amounts that are eligible to retain locally, and will transfer any required amounts to the State Court Facilities Contribution Fund.  

Staff in the Department of Financial Services evaluated the best use of penalty assessments and determined that the purpose of the Trial Court Realignment and Efficiency Act was predominantly to assist in funding facilities needed to administer the Criminal Justice System. As a result, staff are recommending a revised resolution to distribute penalty assessments and reallocate amounts currently received by the LCCF to the LCJF as shown below: 

If the Board adopts the attached resolution, the revised distribution will be effective July 1, 2023, and staff will communicate it to the Yolo County Superior Court who will implement it in their Court Management System to ensure future distributions are done in accordance with the revised instruction. 

The Department of Financial Services collaborated with the State Controller's Office on this recommendation. After adoption a final copy of this resolution will be transmitted to the Yolo Superior Courts and staff will collaborate to implement the changes contained in the amended resolution.