sacgrandjury.org Sacramento County

Conclusions 40

• CL1
  Rio Linda-Elverta Recreation and Park District
• CL2
  River Delta Fire District
• CL3
  Sacramento Metropolitan Fire District
• CL4
  Sacramento Municipal Utility District
• CL5
  Sacramento Suburban Water District
• CL6
  San Juan Water District
• CL7
  Sloughhouse Resource Conservation District
• CL8
  Southgate Recreation and Park District
• CL9
  0 Foster parents need better training to help them care forchildren with special needs.
• CL10
  Delta Fire Protection District
• CL11
  0 CPS Foster Care does not have an interactive electronicdatabase to assist CPSU and social workers in the placement of foster children in the most appropriate foster home. 86
• CL12
  0 CPS is not consistentlyentering data into and utilizing CWS/CMS.
• CL13
  0 CPS supervisors and managers are not taking full advantage of SafeMeasures® to track social worker performance.
• CL14
  0 The development of an online CPS Policies and Procedures Manualwas started last year and considerable progress has been made, especially in the EmergencyResponse sections. The remaining sections including Foster Care are far from complete.
• CL15
  Herald Fire District
• CL16
  North Highlands Recreation and Park District
• CL17
  Omochumne-Hartnell Water District
• CL18
  In 2009, in Sacramento County there were more than 16,000 calls placed to the emergency hotline reporting suspected abuse or neglect of a child. The intake unit receives reports of abuse or neglect from citizens or mandated reporters. A computerized tool used in the hotline/intake area to determine if an investigation is needed is called Structured Decision Making (SDM). When it is determined that 24January 24-26, 2010 72 an investigation is required, it is either assigned as an Immediate Response, which requires contact with the child within 24 hours, or it is deemed a 10-day response. (The 2008-2009 Sacramento County Grand Jury Report on CPS titled “Nothing Ever Changes-Ever,”dealt mainly with these early procedures.) In Sacramento County most of the children, who are removed from their homes, by CPS social workers or law enforcement, are firsttaken to the Children’s Receiving Home of Sacramento. This is considered their first placement but is a temporary emergency shelter with an average stay of about 30 days. While at this facility children are evaluated for their needs, receive a medical and dental assessment, attend school, and an appropriate placement is determined. 5.A Child Placements Approximately one-third of all children removed from their homes exit the foster care system within the first 30 days. Those who do not exit the system are placed in the “least restrictive home,”defined as the most home-like environment that meets the child’s needs. After the child’s parent, in order, these are:
• CL19
  Pacific Fruitridge Fire District
• CL20
  Rancho Murieta Community Services District
• CL21
  Reclamation District 1000
• CL22
  Rio Linda/Elverta Community Water District
• CL23
  Wilton Fire Protection District 93 This surveyis not comprehensive; it focuses on selected issues. Concerns about management and governance fall into several categories. In question form, theyinclude the following: District Boards of Directors · Do ISDs have adequate by-laws or rules of procedure to govern the conduct of district business and meetings of the boards of directors? · Are appointments to director positions used to avoid open elections? · Is there enough turn-over of ISD directors to ensure vigor, innovation, independent judgment, and fresh ideas? Should there be some form of term limits? · Are ISD directors’ payand benefits equitable and transparent? Do directors enjoyany district-paid health or retirement benefits? · Are ISDboards obscuring important but sensitive matters byapproving them on consent calendars? Are executive pay decisions made by consent calendar? District Employee Pay and Pension Practices · Are payor rank increases granted for superficial diplomas, degrees,or certificates? · Are pension increases granted for short-term or unusual (non-universal) increases of final compensation (“compensation spiking” and “pension boosting”)? · What are recent actual pension awards compared to a “baseline” pension award based on actual base salaryand a common pension formula? · What trends in pension awards are evident and need further scrutiny? Financial Reporting and Purchasing · Has the district filed each year, complete and timely, the state-required Financial Transaction Report? · Has the district filed each year, complete and timely, the state-required annual Independent Financial Audit? · Have regular and substantive management audits or reviews been completed by an independent professional auditor? · What percent of the total cost of purchased goods and services were purchased without competitive bids or from other than the lowest bidder? 94 · Do district employees or directors accept any goods, meals, services, travel, or entertainment from vendors or providers (past, present or prospective)? Are there appropriate rules governing gratuities? ISD Oversight by Sacramento Local Agency Formation Commission (SacLAFCo) · Have SacLAFCo Municipal Service Reviews (MSRs) been completed for each district? · Has SacLAFCo taken appropriate initiative to correct ISD inadequacies, and eliminate unneeded non-operating ISDs? · Can SacLAFCo improve public information and public understanding ofinformation about special districts?
• CL24
  Summary For too long, Sacramento County Child Protective Services (CPS) has placed too much responsibility on individual social workers without adequate support or direction. Social workers have had to find homes for the foster children assigned to them using their own resources. They have had to make placement decisions on their own. CPS does not even have a database of foster homes that social workers can access. When counties are ranked by their success in foster child placement, Sacramento County places near the bottom. CPS acknowledges thatit acts like an agency in a small county, when it is actually an agency in a large county with correspondingly large problems. In 2008-09, CPS removed 3,000 children from dangerous homes and placed them into protective custody. In the month of August 2009, CPS workers personally visited 2,519 children living with foster families, relatives, or in group homes to make sure they were healthy and safe.23 CPS often does not use systems it has that would help ensure the safety and well-being of children in itscare, and other times it lacks necessary systems. Foster children have been passed from one social worker to another without any one social worker having the time to get to know the children or to bond with them. CPS’s process for monitoring medical care is disjointed and ineffective for recognizing potential problems; few in the organization understand it and even fewer can explain it. CPS is undoubtedly well-intentioned, but it has often stumbled. Only recently has it begun to ask itself where it is going and how it is doing in relation to providing the best it can for the children. Oftentimes, employees have not understood how the whole program works. CPS has been structured for the convenience of the organization, not in a way that works best for the children. For CPS to succeed in its mission, it must change. It must focus on children, on understanding and measuring what works for children, and providing it to them. Its new mission to put the welfare of the child and family at the core is a good step, but much work will be needed to accomplish this goal. A shrinking and uncertain budget does not help.
• CL25
  Foreword The grand jury has the authority to inquire into the operations of any of the county agencies. Last year the grand jury issued a report on Child Protective Services (CPS) following an increase in child deaths. The report was mainly focused on the operations and procedures involved in the decision to remove a child from a home. This year’s grand jury went further by inquiring into what happens with the child after the child is removed from his/her home. There are approximately 3,800 children currently in the foster care system in Sacramento County. Due to time constraints and the complexity of the foster care system, the grandjury was limited to the areas discussed in this report. 23CPS Fact Sheet, “Child Abuse Hurts”,September 14, 2009 71
• CL26
  Issue Does CPS adequately provide for the safety and well-being of the children in foster care?
• CL27
  Method of Investigation The grand jury conducted interviews and/or took sworn testimony from: the Deputy Director of Child Protective Services, division managers, program managers, supervisors, social workers, information technology specialists, administrators from the Sacramento County Office of Education, the Director of the Sacramento Children’s Home, a Health Program Manager with the Sacramento County Public Health Nurses, a Sacramento County Public Health Nurse assigned to CPS, a former Foster Family Agency social worker, foster parents, and youth who have aged out from the Sacramento County foster care system. The grand jury observed the intake/hotline area, accompanied social workers from the Emergency Response unit on ride-alongs, toured the Children’s Receiving Home of Sacramento, attended a Partners in Permanency meeting, and attended a CPS Community Partners Meeting. The grand jury also reviewed the periodic CPS reports submitted to the Sacramento County Board of Supervisors, reports from the Child Welfare League of America on CPS of Sacramento, numerous publications concerning foster care, past grand jury reports on foster care, and a series of articles in the Sacramento Bee24that discussed the death of a young girl in foster care.
• CL28
  Background and Facts CPS is the county agency that investigates reports of child abuse and neglect, and provides services designed to keep children safe while strengthening families. The mission of CPS is multi-faceted, but essentially is to protect and support neglected or abused children in the county. Foster care is defined as the 24-hour care of a child provided in a home other than the parents’, either temporarily, or for long-term care. When the state removes a child from the parents because of suspected abuse or neglect, it is obligated to provide care for the child until he/she can be safely returned to his/her parents, find a new permanent home for the child, or until he/she reaches the age of
• CL29
  Citrus Heights Water District
• CL30
  Cordova Recreation and Park District
• CL31
  Cosumnes Community Services District
• CL32
  Del Paso Manor Water District
• CL33
  Fair Oaks Recreation and Park District
• CL34
  Fair Oaks Water District
• CL35
  Florin County Water District
• CL36
  Fulton-El Camino Recreation and Park District
• CL37
  High Risk-limited to the inner fenced area with academic services and counseling being provided.
• CL38
  Medium Risk -limited to either the inner or outer fenced area with academic services and, if earned, vocational education programs.
• CL39
  Low Risk –not limited to the inner fenced area and receive both academic and vocational education services. The Sacramento CountyOffice of Education (SCOE) provides for the educational needs of each ward. Unique to the Boys Ranch is an award winning vocational metal fabrication/welding program. Other vocational programs include woodworking, horticulture and computer graphics. Wards are able to learn a trade for use upon their release. Samples of their craftsmanship were displayed during our tour. Since our initial visit, the grand jury learned SCOE has hired a marketing instructor for the purpose of marketing items made by the wards. Mental health services are also provided. During our tour, and talking with the staff, the grand jurynoted a few areas of concern: · Boys Ranch staff are concerned that the long-term effect of programs provided remain unknown due to the lack of a tracking system to follow the youth leaving this facility. Currentlywards are receiving high school credits or working toward their GED, and many are gaining vocational skills. · The location of the Boys Ranch makes it difficult for visits between wards and families. · After release, the unique needs of some wards for structure and discipline may not be met bytraditional public schools. Additionally, most schools have limited mental health services and vocational training. · The biggest fear of staff at the Boys Ranch is the possibilityof additional budget cuts andeven closure of the facility. 151 The Sacramento CountyGrand Jurywas impressed with the educational/vocational services, overall physical condition of the facility, morale, and friendly environment at the Boys Ranch. 152 California State Prison Sacramento New Folsom On October 15, 2009, the Sacramento CountyGrand Jurytoured the California State Prison Sacramento. This facility is commonly called New Folsom. This tour was pursuant to Penal Code Section 919(b), which states, “The grand jury shall inquireinto the condition and management of the public prisons within the county.” The warden and members of his administrative staff met the grand jury. There was a brief discussion about the historyof the prison, the different types of inmates housed, the variety of services provided, and the classification for housing and work assignments. The staff has two main concerns: the safety of staff and inmates, and the medical/mental care provided to inmates. The briefing was informative and highlighted the widevariety of housing and program needs byinmates. The different types of inmates are: General Population (GP) SecurityHousing Unit (SHU) Administrative Segregation (AD-SEG) Inmates with Human Immunodeficiency Virus (HIV) Mental Health Services DeliverySystems (MHSDS), which includes the Correctional Clinical Case Management Systems (CCCMS) and the Enhanced Out-Patient (EOP) Inmates Inmates with cancer New Folsom opened in October 1986. The mission of the prison at that time was to house maximum-securityinmates. These inmates have the highest classification score within the prison system. Theyare considered the most dangerous and may never get out of prison. Over the years the mission of the prison has changed, not only to house maximum-security inmates, but also to house inmates within the department’s MHSDS. The medical staff classifies the inmates as either CCCMS or EOP. The CCCMS inmate is normallyhoused with the general population and functions satisfactorilywith or without medications. The EOP inmate is on medication and is placed in his own housing unit. Correctional and medical staff monitors both types of inmates. Each inmate sent by the courts to the jurisdiction of the California Department of Corrections 153 and Rehabilitation (CDCR), while at a reception center, will be classified and seen by a group of correctional professionals called a Classification Committee. This committee will assign the inmate points as theyrelate to numerous factors regarding the inmate's life. These points are utilized to determine the correct housing, work assignment, educational needs, and threat status of the inmate. CDCR has four levels with Level 1 being the lowest and Level 4 the highest. New Folsom houses all levels within the prison walls. Level 1 and 2 inmates perform low risk, minimum-security work such as outside work crews and communitywork. Level 3 inmates perform work within the walls of the prison such as laundry, food services, and janitorial services. Level 4 inmates are placed within higher custodyliving areas. When theycommit a serious rule violation, theymaybe removed from the GP and placed in AD- SEG or SHU. The AD-SEG unit is utilized when an inmate commits a serious crime within the prison and is sentenced to a set time awayfrom the general population. The SHU is utilized when an inmate commits a more serious crime within the prison or while in AD-SEG, or if he is a validated gang member, or his presence within the GP would jeopardize the safety and security of the inmates or staff. Upon the completion of the briefing, the grand jury was escorted through the prison on a walking tour. The grounds of New Folsom are well kept, reflecting one of the vocational programs provided to inmates. There are three main facilities (A, B, C) surrounded byrazor wire approximately12 feet high, followed by an electrified fence, followed by another 12 foot high razor wire fence. All of the buildings are made of concrete. Each facility has its own yard surrounded by the buildings. The GP inmates utilize these yards. Some of the facilities have individual yards, located within the individual buildings. These yards are used by the AD-SEG, SHU, and inmates with special medical needs. Most yards have a variety of sports equipment, basketball hoops, handball walls, and fitness exercise bars. The cells within the housing units are 8 feet by 16 feet, crowded with personal items, clothing and food items. Some of the cells have televisions that have been purchased bythe inmates. Some of the housing units have communitytelevisions. Most cells have a bunk bed unit, shelves, a small desk, and a stainless steel sink and toilet. The C Facilitygym has been converted into a dormitorythat houses Level 1 and 2 inmates. The capacity ofthis dorm is 175 GP inmates, living on bunk beds or triple bunk style beds. 154 The shower area and toilet area are open and the inmates take turns utilizing these facilities. This dorm is verycramped and appears to be a very uncomfortable living situation. The staff at California State Prison Sacramento is very knowledgeable about their particular jobs and have a difficult task in performing their dailyactivities, which are to provide safety and appropriate medical/mental services for inmates. 155 This page was intentionally left blank. 156 Folsom State Prison On November 5, 2009, the Sacramento CountyGrand Jurytoured Folsom State Prison (FSP). This tour was pursuant to Penal Code Section 919(b), which states, “The grand juryshall inquire into the condition and management of the public prisons within the county.” Opened in 1880, Folsom State Prison (FSP) is the second oldest prison in California. (San Quentin State Prison is the oldest.) FSP was built on a 40-acre parcel. Its responsibilityis to house medium security inmates in a secure and effective manner consistent with state, federal and relevant case laws. At the time of this tour the inmate population was 3,918 and FSP employed a total of 1,131 staff members. FSP contains four housing units with the most notable two being B-Block, the original cellblock, and Building 1, the largest prison housing building west of the Rockies. B-Block is constructed of granite rock and only houses Level 2 inmates; the average age of these inmates is 46 years old and most have received a sentence of 25 years to life. Building 1 houses 1,240 Level 3 inmates; its cellblock is five tiers high with 240 inmates on each of the four sides. This housing unit has a dining area, medical area, and yard. Twelve correctional officers and four armed officers secure the building. The remaining units at FSP are generally two-sided, five tiers high with 38-78 cells on each side. The cells are designed for double occupancyand each building has access to a yard and dining area. A riot occurred on October 9, 2009,one of manythat have occurred in recent years. In early November, 69% of the inmates remained on lockdown status due to riots between white and black inmates. As part of an effort to deter and document violent incidents, high definition cameras are being installed on the main yard, at a cost of $100,000. These cameras will assist in identifying inmates who are involved in a disturbance and in prosecuting them when warranted. The cameras will improve the safety of civilian workers, staff, and inmates. Inmates that meet the prison standard of good behavior have access to a variety of vocational/educational training as well as self-help programs. Vocational programs offered to inmates are metal fabrication, license plate production, electronics, auto mechanics and welding. These programs are designed to give inmates an opportunityto learn a trade prior to their parole. The goal of these programs is to reduce recidivism. Unfortunately, due to the state of the economy, this grand juryhas concerns that many of these much needed programs maybe eliminated, leaving inmates with few, if any, trade or life skills, and California prisons will continue to lead the nation in recidivism.1 Folsom State Prison has a historical atmosphere and the grand juryfound the visit to be very informative. 1On the State of California website, the governor points out that the ultimate goal of these programs is to reduce recidivism, which currently stands at 70%, the highest in the nation. The governor further points out, “We cannot fix our prisons without reducing recidivism, and we cannot reduce recidivism without creating more space and programs for prisons.” (http://gov.ca.gov/index.php/fact-sheet/1084/) 157 This page was intentionally left blank. 158 Sacramento County Mental Health Services A System in Crisis Introduction The Sacramento Countymental health system is in crisis. Significant and continual cuts in funding have severely impaired the availabilityand deliveryof mental health services to many people in our county. Without adequate funding, it is unlikelythese problems will be resolved. What was once the largest mental health deliverysystem in California has deteriorated to a system that can only provide minimal services to the mentallyill. We all share, to one degree or another, in the pain of the current economic crisis. The effects of the economy are amplified in the mentallyill population. Services have been cut drastically to this under-served population and theyare suffering as never before. This situation puts a heavystrain on mental health patients, their families and friends, law enforcement, service providers, and the medical community. The grand juryinterviewed manyindividuals involved in the countymental health system and toured the Sacramento CountyMental Health Treatment Center (hereafter referred to as the treatment center). This report is based on these interviews, as well as research of the Sacramento County Mental Health System. Background and Facts In Sacramento Countythere are four facilities that provide primarycare services specific to mental health: Heritage Oaks, Sierra Vista, Sutter Psychiatric Services and the treatment center. Of the four, only the treatment center accepts patients without private health insurance. The other facilities occasionallywill “help” by providing services to the uninsured, but this is rare. At one time the Sacramento CountyMental Health System was, by some accounts, the model for California. It operated a 100-bed facility, the largest Psychiatric Health Facility (PHF) in the state. This facilityis located at the Sacramento CountyMental Health Treatment Center on Stockton Boulevard. Included at this facility was a crisis unit, which was the main intake site for evaluation and referral of the mentally ill of all ages. The treatment center triaged manygroups such as the developmentally disabled in crisis, the demented, those involved in domestic violence, and those under the influence of drugs or alcohol. The treatment center was the last resource for many mental health patients and their families. The crisis unit was a safety net for many agencies. That safety net is gone! The number of beds in the treatment center has been reduced from 100 to 50, and the crisis unit has been closed. Law enforcement must now take these 159 individuals to emergency rooms at local hospitals. These emergencyrooms are poorly equipped to treat them, as theylack adequate facilities and expertise to serve these patients. Mentallyill patients are now kept in emergencyrooms until theycan receive medical and/or psychiatric services. The Department of Behavioral Health Services for the county is trying to mitigate the problems with two notable projects. First, there is anew tele-psychiatry program between UC Davis Medical Center (UCDMC) and the treatment center. This program provides remote video psychiatric consultations for patients at the UCDMC emergencyroom. This service is available to other area emergency rooms;however, for unknown reasons, to date none have elected to participate. Second, there is a program utilizing a hospital support team composed of on-call treatment center clinicians who can serve the emergencyrooms most heavily impacted by the closure ofthe treatment center crisis unit. This team can help re-assess Section 515042 holds, facilitate referral/coordination to programs with which the patient may be already associated, and ultimatelyhelp the hospital and patients deal with their situation. In an effort to address the loss of 50 beds in the treatment center, Crestwood, a national for- profit corporation, recentlyopened a private 12-bed psychiatric health facilityin Sacramento County. Because of its size, it will be eligible for MediCal reimbursement. A PHF must have 16 beds or less in order to qualifyfor MediCal reimbursement. Even with the addition of this new facilityand the programs being offered by the treatment center, services are woefully inadequate to serve the mentally ill and their families. Without adequate local, state, or federal funding or the further development of privately funded facilities, this problem will not be addressed. This is a major problem for our community; it demands attention and funding from the Sacramento CountyBoard of Supervisors. 42Section 5150 of the Health and Welfare Code provides that persons who have been deemed a danger to themselves or others can be held involuntarily for up to 72 hours. 160 Child Protective Services Follow-up Report The 2009-2010 Sacramento CountyGrand Juryhas held periodic meetings with management at Child Protective Services (CPS) to follow up on the manyrecommendations made in the 2008-2009 grand juryreport, Nothing Ever Changes-Ever.43 The grand jury also reviewed the CPS reports that were submitted to the Sacramento CountyBoard of Supervisors and interviewed CPS management and social workers. CPS management expressed a commitment to implement most of the recommendations by the grand jury and those identified in a March 2009 report by MGT of America, a consulting firm commissioned by the board of supervisors. Many of the recommendations had already been implemented by the time of the grand jury’s first meeting with CPS in September 2009. Management and Leadership Positive changes in management and leadership commitment within CPS and the Department of Health and Human Services have facilitated the implementation of most of the
• CL40
  Social workers from different programs will be combined to work in the same units. The previous system of care consisted of different programs, such as Emergency Response, Family Maintenance, FamilyReunification, PermanencyServices, and Adoptions. This will allow social workers with different expertise from their previous positions to help those who are in thesame unit. Expected implementation is spring or summer of 2011. 45From the First Five Commission, http://www.sackids.saccounty.net/ 166 Another major change for CPS has been the development of a new unit called the Centralized Placement Support Unit. This unit is modeled after other child protective programs that have fewerplacement changes for the children in foster care in their county. The high number of placement changes has been a problem area for our county. More information about this unit is in this year’s grand jury report on foster care. In contrast to last year’s grand juryreport entitled, Nothing Ever Changes-Ever, this year has been a year of change for CPS, some good, some bad. The number of children and families being served has fallen, along with the budget and number of personnel. There were 1,200 childcases removed by CPS that were considered to be either of low or moderate risk. Resources to help these families and to prevent abuse have been shrinking along with the budget. This makes for a scaryand untenable situation for those who have been working hard to decrease the incidence of abuse and neglect for the children in our county. The children who are in foster care should benefit from the manyreorganizational changes that are taking place. It is yet to be determined if the level of care and safety needed by children can be sustained if CPS has to endure more budget cuts. The Sacramento CountyGrand Jury commends CPS for its efforts to make improvements in an atmosphere of criticism and uncertainty. CPS will need the continuing cooperation and help of all its communitypartners to be able to accomplish its goals of reducing abuse and neglect of the children of Sacramento County. 167 This page was intentionally left blank. 168 Sacramento County Traffic Fines What You See Isn’t What You Get 1.0 Summary This is a report about traffic violation fines in Sacramento County. It does not intend to judge or criticize any of the fine amounts or the process once a ticket has been issued. It is solely designed to let the public be aware that the roadside sign or media information used to disclosethe fine amount, in manycases, maynot be correct. For example, with the new cell phone laws, many people believe that the first offense fine for talking on a cell phone while driving is $20. This belief is incorrect. The actual amount is $148. How can this be? The “base” fine or published amount is $20 but there are fees and assessments that are added that increase the base fine amount by$128, therebymaking a total fine of $148. The generally understood reason for assessing fines for traffic violations is to increase compliance with the law. The main purpose of the law is to improve public safety. Logic would seem to dictate that the higher the perceived fine the greater the public compliance. If the public believes a fine is less than the actual amount the reverse mayoccur, at the expense of public safety. 2.0 Method Internet searches and telephone calls to state, countyand citypersonnel were used to gather information for this report. Newspaper and television programs were monitored to seewhat information about traffic fines was being given to the public. The displayed fine amounts on street signs were monitored and compared to the actual total fines. Additionally, letters were sent requesting information on how the fine system works. Citymanagement personnel were interviewed. The fine table (See Table 1 in Section 3.1) and additional information shown in this report were taken from the Sacramento CountySuperior Court website. 46 3.0 Background and Facts California, like most states, adds fees, penalties and other assessments to paythe cost of processing fingerprints and criminal historyinformation, DNA testing, etc. For the full range of California programs funded byfees, surcharges, and penalty assessments, see Table 1 in Section 3.1 of this report or visit the Superior Court website. Penaltyassessments began to be added to traffic fines in California over 45 years ago to help finance the State School Fund, which funded driver education programs for local school districts. Ironically, most California schools no longer offer driver education classes. The assessment was based on the concept of an “abusers fee,” in which those who break or abuse certain laws help finance programs related to decreasing violations. In 1981, the state legislature increased the number of crimes and offenses subject to penalty assessments and increased the rates. This legislation included traffic violations. The term “penalty assessment” is often applied broadly by sentencing courts. These funds flow toa 46http://www.saccourt.ca.gov/traffic/traffic.aspx 169 multitude of special state and county accounts, such as the state General Fund, the State Judicial Council, the State PenaltyAssessment Fund and various county funds. These funds support a variety of criminal justice programs at the state and county levels, as well as courthouse construction, countysecurity and detention facilityconstruction. A number of state and county programs are now financed by penalty assessment funds. Each of these assessment categories is imposed at the county level as limited bystate law. Each violation listed on a ticket is assessed a base fine. In addition to the base fine, there are additional assessments added to make up the total fine amount. The fine can also be increased byconvictions for prior violations on a person's driving record and other special considerations (e.g. construction zone, school zone, business district, senior center zone, or railroad crossing enhancements). The amounts shown below are applicable to Sacramento County. Other counties fines varybyminor amounts. Effective January1, 2009,total fines for traffic violations are calculated as follows: · Base Fine set by the state legislature and the Judicial Council of California. · PenaltyAssessment: Penaltyassessments are allocated for such itemsas court and jail facilityconstruction and other items as noted below: o $10 per $10 base fine Penal Code (PC) 1464 goes 70% to State Trial Court Trust Fund; 30% to CountyGeneral Fund o $2 per $10 base fine Government Code (GC) 76100 goes to the County Courthouse Construction Fund o $2.50 per $10 base fine GC 76101 goes to the County Jail Construction Fund o $0.50 per $10 base fine GC 76102 goes to County Automated Fingerprint Fund o $2 per $10 base fine GC 76104 goes to Maddy EmergencyMedical Fund (State/Countysplit) o $3 per $10 base fine GC 70372.(a) goes to State Court Facilities Construction Fund o $1 per $10 base fine GC 76104.6 goes to the DNA Identification Fund (County/State split) o $1 per $10 base fine GC 76104.7 goes to the DNA Identification Fund (County/State split) o $2 per $10 base fine GC 70372(a) goes to the State Court Facilities Construction Fund – Immediate and Critical Needs Account (ICNA) · Night Court Assessment Fee pursuant to Vehicle Code (VC) 42006 ($1) · DMV record fee pursuant to VC 40508.6 ($10) · Twentypercent criminal surcharge pursuant to PC 1465.7 (20% of base fine) · Court SecurityFee pursuant to PC 1465.8 ($30) · Criminal Conviction Assessment pursuant to GC 70373 goes to the State Court Facilities Construction Fund – ICNA ($35) 170 Table 1 Breakdown of Traffic Fines in Sacramento County State Court Penalty Night 20% Criminal Court Base Facilities DMV Total Fine Violation Assess- Court Criminal Conviction Security Fine Construction Fee Due ment fee Surcharge Assess-ment Fee (ICNA) VC 12814.6 Failure to obey license 35.00 88.00 8.00 1.00 10.00 7.00 35.00 30.00 214.00 provisions. VC 14600(A) Failure to notify DMV of address change within 10 days 35.00 88.00 8.00 1.00 10.00 7.00 35.00 30.00 214.00 Note:The fine may be reduced with valid proof of correction. VC 16028(A) Failure to provide evidence of financial responsibility (insurance) 200.00 440.00 40.00 1.00 10.00 40.00 35.00 30.00 796.00 Note:This fine may be reduced with proof of insurance on or after the violation date. VC 21453(A) 100.00 220.00 20.00 1.00 10.00 20.00 35.00 30.00 436.00 Failure to stop at a red signal. VC 22350 VC 22349 35.00 88.00 8.00 1.00 10.00 7.00 35.00 30.00 214.00 Unsafe Speed, 1 to 15 miles over the limit. VC 22350 VC 22349 70.00 154.00 14.00 1.00 10.00 14.00 35.00 30.00 328.00 Unsafe Speed, 16 to 25 miles over the limit. VC 22450 35.00 88.00 8.00 1.00 10.00 7.00 35.00 30.00 214.00 Failure to stop at a stop sign. VC 22454(A) Passing a school bus with 150.00 330.00 30.00 1.00 10.00 30.00 35.00 30.00 616.00 flashing red signals. 171 Table 1 (Continued) State Court Penalty Night 20% Criminal Court Base Facilities DMV Total Fine Violation Assess- Court Criminal Conviction Security Fine Construction Fee Due ment fee Surcharge Assess-ment Fee (ICNA) VC 23123(A) Drive using wireless phone 20.00 44.00 4.00 1.00 10.00 4.00 35.00 30.00 148.00 not hands free, First offense VC 23123(A) Drive using wireless phone 50.00 110.00 10.00 1.00 10.00 10.00 35.00 30.00 256.00 not hands free, For each subsequent offense. VC 23123.5(A) Drive while wireless device 20.00 44.00 4.00 1.00 10.00 4.00 35.00 30.00 148.00 to send, read or write text. VC 23124(B) Minor drive using wireless 20.00 44.00 4.00 1.00 10.00 4.00 35.00 30.00 148.00 phone. VC 22500(I) Parking in a bus loading 250.00 550.00 50.00 1.00 10.00 50.00 35.00 30.00 976.00 area. VC 22507.8(A through C) Violation of disabled 250.00 550.00 50.00 1.00 10.00 50.00 35.00 30.00 976.00 parking provisions, first offense. VC 22507.8(A through C) Violation of disabled 500.00 1100.00 100.00 1.00 10.00 100.00 35.00 30.00 1876.00 parking provisions, second offense. VC 26708(A) Unlawful material on 25.00 66.00 6.00 1.00 10.00 5.00 35.00 30.00 178.00 vehicle windows. VC 27150(A and B) 25.00 66.99 6.00 1.00 10.00 5.00 35.00 30.00 178.00 Adequate muffler required VC 27315(D and E) 20.00 44.00 4.00 1.00 10.00 4.00 35.00 30.00 148.00 Mandatory use of seat belts. 172 Table 1 (Continued) State Court Penalty Night 20% Criminal Court Base Facilities DMV Total Fine Violation Assess- Court Criminal Conviction Security Fine Construction Fee Due ment fee Surcharge Assess-ment Fee (ICNA) VC 27803 (A through C) Motorcycle safety helmet 25.00 66.00 6.00 1.00 10.00 5.00 35.00 30.00 178.00 requirements. VC 34506.3 Commercial Driver -Log 150.00 330.00 30.00 1.00 10.00 30.00 35.00 30.00 616.00 book violation VC 4000(A) No evidence of current registration. 50.00 110.00 10.00 1.00 10.00 10.00 35.00 30.00 256.00 Note:The fine may be reduced with valid proof of correction. VC 4159 Notify DMV of change of address within 10 days. 25.00 66.00 6.00 1.00 10.00 5.00 35.00 30.00 178.00 Note:The fine may be reduced with valid proof of correction. VC 5200 Display of license plates. Note:The fine may be 25.00 66.00 6.00 1.00 10.00 5.00 35.00 30.00 178.00 reduced with valid proof of correction. VC 9400 (A through C) Commercial weight fees due. Note:The fine may be 25.00 66.00 6.00 1.00 10.00 5.00 35.00 30.00 178.00 reduced with valid proof of correction. 4.0Conclusion After researching traffic fines in Sacramento County, the grand juryhas concluded that the public interest and safety will be better served when the public is aware of the total fine amount. It is important that the correct fine amounts be publicized in a clear, effective, and appropriate manner. If this is not done, people are less likely to comply with traffic laws and public safety will be negatively impacted. 173 This page was intentionally left blank. 174 GRAND JURY COMPLAINT FORM GRAND JURY USE ONLY: Date Received: _______________________ Number:_______________________ PERSON OR AGENCY ABOUT WHICH COMPLAINT IS MADE Subject: _______________________ NAME: ______________________________ _____________________________________ ADDRESS: ______________________________ _____________________________________ ______________________________ _____________________________________ TELEPHONE NUMBER: _______________________ _____________________________________ NATURE OF COMPLAINT (Describe events in the order they occurred as clearly and concisely as possible. Use extra sheets if necessary and attach copies of any correspondence you feel is pertinent. Documentation becomes the property of the Grand Jury and will not be returned. Please note: The Sacramento County Grand Jury has no jurisdiction over state or federal agencies, the courts, judicial officers, private companies or most organizations.) _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ ________________________________________________________ WHAT PERSONS OR AGENCIES HAVE YOU CONTACTED ABOUT YOUR COMPLAINT? Person or Agency Address Date of Contact Result WHO SHOULD THE GRAND JURY CONTACT ABOUT THIS MATTER? Person or Agency Address Telephone No. YOUR NAME: _________________________________ DRIVER’S LICENSE NO.: __________________ ADDRESS: _________________________________ TELEPHONE NO.: _________________________________ The information I have submitted on this form is true, correct and complete to the best of my knowledge. _______________________________________________ __________________________ Complainant’s Signature Date (This blank form may be duplicated.) 8/99 175 This page was intentionally left blank. 176