3340314 - Administrative Code - Criminal Justice System Fees and Penalties - Comm Pkt 042518

FILE NO. 180132 ORDINANC' '10.
[Administrative Code -Criminal Justice System Fees and Penalties] Ordinance amending the Administrative Code to abolish fees associated with probation costs, restitution, booking, the Sheriff's Work Alternative Program, the automated county warrant system, the Sheriff's Home Detention Program, and to abolish local penalties associated with alcohol testing and court-ordered penalties for misdemeanor and felony offenses. NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrough italics Times }fev,' Roman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough Arial font. Asterisks (* * * *) indicate the omission of unchanged Code subsections or parts of tables. Be it ordained by the People of the City and County of San Francisco:
Section 1. Findings and Purpose.
(a) When people are convicted of a crime, they are often charged thousands of dollars in fines, fees, or financial penalties related to their conviction, sentence, or incarceration -in addition, in many cases, to their serving time in jail or prison. These financial exactions are intended to generate revenue for public programs and to fund their operations. But there is often an insidious, unintended consequence of this practice -to push people into poverty, or push them even deeper into poverty if they already were there. These fines, fees, and penalties can trap people in a cycle of debt, and low-income people and people of color are often hit the hardest. Under this system, government becomes a driver of inequality, creating additional layers of punishment for those moving through the criminal justice system. Supervisors Breed, Cohen, Tang, Sheehy BOARD OF SUPERVISORS Page 1
(b) More specifically, these financial burdens frequently hit individuals at the precise moment they are trying to turn their lives around. The vast majority of people exiting jail or prison are unemployed, have unstable housing, have no steady source of income, and find work difficult or nearly impossible to obtain after release. Approximately 80% of individuals in jail are indigent. Yet, after someone has already served their time, they frequently receive a bill for a long list of fines and fees to pay for probation, fingerprinting, and mandated user fees. According to a report by the Ella Baker Center, the average debt incurred for court-related fines and fees of over 700 people surveyed was $13,607, nearly equal to the annual income for respondents in the survey. O ( c) In San Francisco, people who have spent time in jail or prison or have been involved in the criminal justice system are charged a long list of fines and fees. The Public Defender's Office found that people participating in its Clean Slate Program have received bills for approximately 25 fees for administrative functions such as automated record keeping, a court operations assessment, a DNA identification program, state court construction penalty, an automated fingerprint fund, and emergency medical services. The monthly probation fee appears to impose the most debt on those who have been involved in the criminal justice system in San Francisco, where people are charged $50 a month to be on probation. These individuals are charged $1,800 up-front when they start their probation, as probation typically lasts for three years.
(d) The fines and fees incurred by those involved in the criminal justice system in San Francisco are substantial. People in the Clean Slate program typically owe $3,000 to $5,000 in criminal justice fines and fees, according to a sample of clients examined by the Clean Slate Program. The men and women paying these fines and fees are typically unemployed, and earn wages, if at all, well below the federal poverty level. Clean Slate participants are disproportionately people of color. Indeed, the burden of these fines and fees falls heaviest Supervisors Breed, Cohen, Tang, Sheehy BOARD OF SUPERVISORS Page 2 on the African-American community, which accounts for less than 6% of the population in San Francisco, but makes up over half the population in the county jail.
( e) Left unpaid, these fines and fees can grow in size, and can result in wage garnishment and levies on bank accounts, to the extent there are wages to garnish or a bank account to draw upon. The fines and fees make it harder for people to cover their expenses and therefore can create burdens for others. For example, the Ella Baker Center study stated that family members often pay the fines and fees on behalf of their loved ones, and over 20%
of families had to take out a loan to cover the costs of these fines and fees.
(f) Furthermore, research shows that these fines and fees are often an inefficient O source of revenue. Researchers at the University of California, Berkeley, among other researchers, have found that some criminal justice fines and fees are "High Pain" (hitting poor people particularly hard) and "Low Gain" (bringing in very little revenue), as the fees are charged to people who often cannot afford to pay them. Both the White House Council of Economic Advisors and the Conference of State Court Administrators have found that these legal financial obligations are often an ineffective and inefficient means of raising revenue.
(g) San Francisco has a long history of leadership in this area: It is the only county that has never charged fees to parents of children who have been incarcerated in Juvenile Hall, and was the first county court in the state to stop suspending driver's licenses for unpaid fines and fees. With this ordinance, San Francisco becomes the first county in California to eliminate the criminal justice fines, fees, and financial penalties under its control, that so disadvantage the most vulnerable in our society. By removing these financial burdens and the outstanding debt they create that hangs over thousands of families, San Francisco hopes to inspire other jurisdictions to lift this burden off of low-income families, and to find more fair and just ways to fund their criminal justice systems. Supervisors Breed, Cohen, Tang, Sheehy BOARD OF SUPERVISORS Page 3
(h) The City urges the San Francisco Superior Court to modify any prior orders to eliminate the fine, fees, and penalties included in this ordinance, and to discharge all debt associated with the same, to the extent permitted by law. The City urges the Public Defender to assist individuals in seeking modification of court orders to pay fines, fees, and penalties covered by this ordinance. Finally, to the extent permitted by law, the City urges all City departments to stop collecting the fines, fees, and penalties covered by this ordinance. Section 2. The Administrative Code is hereby amended by deleting Section 8.14-1, adding Section 8.29, deleting Sections 8.31, 8.31-1, 8.36, and 8.38, revising Section 8.42, and O deleting Sections 10.39-4 and 10.100-280, to read as follows:
SEC. 8.14 1. PEAG4LTYASSESSAfENTFOR TESTL7\7G FOR ALCOHOL CONTENT.
(a) Pursuant to :Penal Cede Section 1463.l 4(b), there shall be an additienalpenalty of fifty dollars ($50. 00) for criminal convictions fer violation of Vehicle Code Sections 23152 er 23153, in addition to any etlicrfines and forfeitures prm>'ided by la1v.
(b) All penalties collected under this Section shall be deposited-with the Treasurer and shall be used to defj·ay the costs incurred by the 1\kdical Examiner in performing fer the City and County analysis of blood, breath, or urine for akohol content, or fer sen·ices r~latcd to that testing. SEC. 8.29. NO AUTHORIZATION TO COLLECT FEES FOR PROBATION COSTS. Notwithstanding any prior ordinance enacted to make operative Penal Code Section 1203.1 b. there is no authorization to collect fees for probation costs. pre-sentence report costs. or any other costs authorized under Penal Code section 1203.1b. SEC. 8.31. ADULTPROBATI-01\TDEPARTAfENT RESTITUTI-ON COLLECTI-ON PEE.
(a) The Adult Probation Department is hereby authorized to collect a fee to co';Jer the actual administrative cost ofcelkcting any ;;ietim restitution included in an order &jthe court. The administrati;;e fee shall be paid in addition to the restitution payment and shall be 10 pen;ent of the Supervisors Breed, Cohen, Tang, Sheehy BOARD OF SUPERVISORS Page4 amount ordered to be paid to the -;,'ictim. The proceeds of the fee collection shall be deposited in the generalfandfor appropriation by the Board ofSuper;1isors. SEC. 8.31 1. ADULTPROBATI01VDEPARL1fENT RESTln7TIONFINE ADAfLVIST£4TIVE FEE.
(a) The Adult Probation Department is hereby authorized to charge a fee to cover the actual administrative cost of collecting any restitution fine and shall be 10 percent of the amount ordered to be paid, pursuant to Section 13967 of the GovCffl;ment Code. The fee shall be added to the restitutiofl jifle and included in the order o.f the court. The fee collection proceeds shall be deposited in the genen1l fimd and appropriated by the Board ofSupenisors. SEC. 8.36. JUVENILE PROBATIONDEPARTi1fENT RESTITUT/01\7 COLLECTRJN FEE. The JiH'eflile Probation Department is hereby authorized to collect a fee to cover the actual administrative cost of collecting any victim restitutiofljine iflchtded in an order of the courtpursbtant to Welfare and Instihttions Code Section 73 0. 6. The administratiP'e fee shall not exceed 10 percent of the restitution amount ordered to be paid. The administratiP'e fee shall be added to the restihttiofl fine and inchtded in the court order. Any administrative fees so collected shall be deposited in the generalfimd and shall be used to defray the costs incurred by the Juvenile Probation Departmeflt ifl collecting such restitution. SEC. 8.38. ADULTPROBATHJNBOOKINGFEE.
(a) Subject to the conditions and limitations of Section 29550.3 of the Government Code, the City afld County o_fSan Froncisco elects to establish afld collect an administrative fee pursuant to the standards afldprocedbtres set forth ifl Section 29550.1 of the Government Code to be collectedfrom persons arrested, convicted, and subsequently placed on probation. This fee shall be established by the Cofltroller in coflSultation ·with the Sheriffs Departnieflt, afld shall be collected by the Adult Probation Department. Supervisors Breed, Cohen, Tang, Sheehy BOARD OF SUPERVISORS Page 5
(b) The fee authorized by Subsection (a) shall reflect but not exceed the actual administrati-;,

• e costs, including applicable overhead costs, incurred in processing arrested persons. The fee shall be set initially at $125. The Controller shall, not later than January 1st ofeach year, reexamine and if necessary, adjust the fee to ensure that it contiliues to reflect the costs of the services provided, except that the fee shall in no event exceed $150. Proceeds receivedfrom collection of the fee shall be deposited in the General Fund.
(c) At the time the court grants probation, the Adult Probation Department shall request that the defendant be ordered to pay the fee authorized by Subsection (a). However, a defendant shall not be required to pay the fee if the court determines, based upon the follorving criteria, that the defendant 0 lacks the ebility to pay. A defendant's ability to pay shall mean his or her overall capability to pay the fee authorized by Subsection (a). E-;,iahtation ofa defendant's ability to pay shall inchtde, but shall not be limited to, the indi"vidual's:
(1) Presentfinancialposition; (2) Reasonably discerniblefuturefinancial position. In no event shall the court consider a period of more than six monthsfrom the date that
(3) Likelihood that the d~fendant shall be able to obtain employment ·within six months from the date probation is granted;
(4) Any other factor or fa£tors that may bear upon the defendant'sfinaneial capability to reimburse the County/or the costs. SEC. 8.42. PENAL TY ASSESSMENT FOR EMERGENCY MEDICAL SERVICES.
-(a)-Pursuant to California Government Code Section 76000.5, there is hereby established an additional penalty of two dollars ($2:-00) over that currently levied under California Penal Code Section 1464 for every ten dollars ($10:-00) or fraction thereof upon every fine, penalty, or forfeiture imposed and collected by the courts for non-misdemeanor and non-felony criminal offenses, inchtding violations of the California Vehicle Code or local Supervisors Breed, Cohen, Tang, Sheehy BOARD OF SUPERVISORS Page 6 ordinances adopted pursuant to the Vehicle Code, as authorized by Penal Code Sections 1464-and 1465, with the exceptions noted therein. The revenues from this assessment shall go to the Public Health Emergency Medical Services Fund established in Section 10.100-195 of this Code. Pursuant to Government Code Section 76000.5(b ), these increased penalties shall not offset or reduce the funding of other programs from other sources, but shall result in increased funding to those programs. (b) This section shall expire on January 1, 2009, unkss the Legislatur~ deletes or extends the expiration date J-0r Gev'Crnment Cede Section 76000. 5 adopted as part of Chapter 841 of the Statutes of2006. SEC.10.39 4. SHERIFF'S W-ORKALTERiVATIVEPROGRAllfFEES. The Sheriff is hereby authorized to assess and collectfrom all Sheriffs Work Alternative Program (S. W.A.P.) participants a fee v.ihich shall not exceed the pro rata cost of administering that program, pursuant to California State Penal Code Section 4024.2. The Sheriffshall make inquiry into tlw ability of each program participant to pay all or a portion of the costs o.f participation in S. WA.P., dev·elop a schedule or formula for determining a participant's ability to pay such costs, develop payment schedules, receive payments, and deposit allfimds received into the generalfand ti"trough the Treasurer. The Sheriffshall determine the costs ofS. WA.P. participation, ·which determination shall be approred by the Controller and revie'1ved annually by the Bo€lrd o.fSbffJervisors. Nothing contained in this Section shall be deemed to sttpersede or conflict 1vith any other provisions of this Code fer recov·ering the costs of incarceration in any local detention facilities. SEC.10.100 280. SANFRANCISCOAUTOMATED COCl1VTY WARRANTSYSTEJI~
(a) Establishment ofFund. The San Francisco Automated County WTirrant System is established as a category nvofimd to accept any assessment of$7 on any person convicted of-violating Vehicle Code Section 40508 or Penal Code Section 853. 7. Supervisors Breed, Cohen, Tang, Sheehy BOARD OF SUPERVISORS Page 7
(b) [lse o.f12und. },{onies in thefand shall be used exclusively for the de;;el0J3ment and operation of an automated County '·Narrant system. Section 3. The Administrative Code is hereby amended by revising Sections 2A.301 and 13.63, to read as follows:
SEC. 2A.301. HOME DETENTION AND ELECTRONIC MONITORING AS A SANCTION FOR VIOLATION OF POSTRELEASE COMMUNITY SUPERVISION. The Chief Probation Officer of the Adult Probation Department is authorized to develop and mqintain a Home Detention and Electronic Monitoring program for supervision purposes O and as an intermediate sanction for persons who violate the conditions of their postrelease community supervision program pursuant to the Postrelease Community Supervision Act of 2011. The Adult Probation Department shall not charge fees for participation in the Home Detention and Electronic Monitoringprogram. SEC. 13.63. HOME DETENTION PROGRAM. The Sheriff is authorized to offer a Home Detention Program, as specified in California Penal Code Section 1203.016 ofthe California Penal Code, in which minimum security prisoners and low-risk offenders committed to the County Jail or other County correctional facility or inmates participating in a Work Furlough program may voluntarily participate in a Home Detention Program during their sentence in lieu of confinement in the County Jail or other County correctional facility. The Sheriff shall not charge fees for participation in the Home Detention Program. Section 4. Effective and Operative Dates.
(a) This ordinance shall become effective 30 days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the ordinance unsigned or does not Supervisors Breed, Cohen, Tang, Sheehy BOARD OF SUPERVISORS Page 8 sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor's veto of the ordinance.
(b) This ordinance shall become operative on July 1, 2018. Section 5. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors intends to amend only those words, phrases, paragraphs, subsections, sections, articles, numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal Code that are explicitly shown in this ordinance as additions, deletions, Board amendment additions, and Board amendment deletions in accordance with the "Note" that appears under O the official title of the ordinance. APPROVED AS TO FORM:
DENNIS J. HERRERA, City Attorney By:
n:\Jegana\as2018\0219\
832.docx Supervisors Breed, Cohen BOARD OF SUPERVISORS Page 9 FILE NO. 180132 LEGISLATIVE DIGEST
[Administrative Code -Criminal Justice System Fees and Penalties]
Ordinance amending the Administrative Code to abolish fees associated with probation costs, restitution, booking, the Sheriffs Work Alternative Program, the automated county warrant system, the Sheriff's Home Detention Program, and to abolish local penalties associated with alcohol testing and court-ordered penalties for misdemeanor and felony offenses. Existing Law Existing law authorizes fees associated with probation costs, restitution collection, restitution fine administration, booking, the Sheriff's Work Alternative program, the automated county warrant system, and home detention and electronic monitoring, and penalties associated with alcohol testing. In addition, under existing law, persons convicted of Vehicle Code violations may be charged additional penalties to fund emergency medical services. Amendments to Current Law This ordinance abolishes fees associated with probation costs, restitution collection, restitution fine administration, booking, the Sheriff's Work Alternative program, the automated county warrant system, and home detention and electronic monitoring. In addition, it abolishes penalties associated with alcohol testing. Finally, it abolishes penalties charged to persons for non-misdemeanor, non-felony Vehicle Code violations. n:\Jegana\as2018\0219\
602.docx BOARD OF SUPERVISORS Page 1 Somera. Alisa (BOS)
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Board of Supervisors, (BOS)
Thursday, March 08, 2018 4:11 PM BOS-Supervisors; Somera, Alisa (BOS); Young, Victor FW: Support for File No 180132 -Criminal Justice System Fees and Penalties SF Criminal Fees Ordinance -LSPC Support Letter.pdf; 18.02.28 SF Criminal Fee Ordinance -Greenbridge Counsel Support Letter.pdf; SF Criminal Fee Ordinance -Bethlehem Desta Support Letter.pdf; SF Criminal Fee Ordinance -Root & Rebound Support Letter.pdf; SF Criminal Fees Ordinance -Courage Campaign.pdf; SF Ordinance_eliminate unfair court fines_LEAP Support Letter.pdf From: Brittany Stonesifer [mailto:brittany@prisonerswithchildren.org]
Sent: Thursday, March 08, 2018 4:01 PM To: Board of Supervisors, (BOS) <board.of.supervisors@sfgov.org>
Subject: Support for File No 180132 -Criminal Justice System Fees and Penalties Dear members of the San Francisco Board of Supervisors, Please find attached several letters from nonprofit organizations, a law firm, and an individual in support of the Criminal Justice System Fees and Penalties ordinance currently pending before the Board (File No 180132). The ordinance was introduced by Supervisor Cohen on February 6, is currently cosponsored by Supervisors Cohen, Tang, Sheehy, and has broad community support. We respectfully ask for your yes vote on this important legislation. Please feel free to contact me if you have any questions regarding the ordinance or our support. Sincerely, Brittany Stonesifer Staff Attorney Legal Services for Prisoners with Children 40 Market Street, Suite 490 San Francisco, CA 94102
(415) 255-7036, ext. 306 www.prisonerswithchildren.org Donate to LSPC here ......
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LSPC Legal Services for Prisoners with Children March 8, 2018 San Francisco Board of Supervisors City Hall Dr. Carlton B. Goodlett Place, Room 244 San Francisco, Ca. 94102-4689 Dear Supervisors, San Francisco Board of Supervisors President London Breed has introduced legislation to eliminate several court fees that have been plaguing San Franciscans impacted by the criminal justice system. These fees can add up to thousands of dollars of debt and prevent people coming home from jail or prison from getting back on their feet. As a member of the Debt Free SF Coalition and an organization with a 40 year history of fighting for the civil and human rights of people with convictions, Legal Services for Prisoners with Children (LSPC) believes that government services should not be funded on the backs of our city's most vulnerable residents. Criminal justice fines and fees restrict the economic mobility of reentering people. Approximately 80 percent of individuals in jail are indigent. Yet, after someone has already served their time, they frequently receive a bill for a long list of fines and fees, including probation costs, fingerprinting costs, and mandated user fees. According to a survey of over 0 people conducted by the Ella Baker Center, the average debt incurred for court-related fines and fees on one case was $13,607. In San Francisco, the burden of these fines and fees falls heaviest on the African-American community, which accounts for less than 6 percent of the population but makes up over half the population in the county's jails. Not only does charging San Franciscans thousands of dollars for criminal fines strip communities of color of resources, but research also shows that these fines and fees are an inefficient source of revenue, with the costs of trying to collect from people who can't afford to pay often nearing or exceeding the revenue actually collected. With this proposed ordinance, the City and County of San Francisco becomes the first county in California to eliminate the criminal justice fines and fees under its control. Our city has the power to inspire other municipalities to seriously confront economic injustice in the criminal justice system. San Francisco does not have to fund its budget by stripping resources from formerly incarcerated people, many of whom are already facing homelessness and unemployment. For these reasons, LSPC strongly urges you to support the proposed legislation to eliminate criminal fines and fees used to fund city services. Sincerely, C!J;vi#--Brittany Stonesifer Staff Attorney 1540 Market St., Suite 490 San Francisco, CA 94102 Phone: (415) 625-7046 Fax: (415) 552-3150 www.PrisonersWithChildren.org brittany@PrisonersWithChildren.org February 28, 2018 San Francisco Board of Supervisors City Hall Dr. Carlton B. Goodlett Place, Room 244 San Francisco, Ca. 94102-4689 Dear Supervisors, San Francisco Board of Supervisors President London Breed has introduced legislation to eliminate several court fees that have been systematically hanning San Franciscans caught up in the criminal justice system. These fees, used to fund city services, can add up to thousands of dollars of debt and create obstacles to successful re-entry. This practice pushes people into poverty, with people of color often hit the hardest. These financial penalties can make government a driver of inequality and further damage communities that are struggling to maintain their place in this city. Fines and fees in the criminal justice system, including court and probation costs, restrict the economic mobility of people reentering society from jail or prison. Approximately 80 percent of individuals in jail are indigent. Yet, after someone has served their time, they frequently receive a bill for a long list of fines and fees, including probation costs, fingerprinting costs, and mandated user fees. According to a survey of over 700 people conducted by the Ella Baker Center, the average debt incurred for court-related fines and fees on one case was $13,607. In San Francisco, the burden of these fines and fees falls heaviest on the African-American community, which accounts for less than 6 percent of the population but makes up over half the population in the county's jails. We must end the cycle of poverty that results from policies that impose crippling debt on our city's marginalized communities. Not only does charging San Franciscans thousands of dollars for criminal fines strip communities of color of resources, but research also shows that these fines and fees are an inefficient source of revenue, with the costs of trying to collect from people who can't afford to pay often nearing or exceeding the revenue actually collected. With this proposed ordinance, the City and County of San Francisco becomes the first county in California to eliminate the criminal justice fines and fees under its control. Our city has the power to inspire other municipalities to seriously confront economic injustice in the criminal justice system. San Francisco does not have to fund its budget on the backs of our most vulnerable residents, many of whom are already facing homelessness and unemployment. It is not enough for San Francisco to simply acknowledge that our criminal justice system is broken. We must actively lead the charge to reform these laws and, in doing so, challenge the rest of the country to make vulnerable populations a priority. For these reasons, I strongly urge you to support the proposed legislation to eliminate criminal fines and fees used to fund city services. As someone born and raised in California, and who has worked on criminal justice issues as an intern with the Ella Baker Center for Human Rights, Legal Services for Prisoners With Children, the Rhode Island Department of Health, and the Center for Prisoner Health and Human Rights, I strongly believe in the importance of this ordinance. The San Francisco Board of Supervisors needs to take a stand against this injustice, and lead the rest of the state and nation in criminal justice reform. Sincerely, Bethlehem Desta Ethnic Studies, AB Candidate Brown University, 2018 COURAGE*
CAMPAIGN San Francisco Board of Supervisors City Hall Dr. Carlton B. Goodlett Place, Room 244 San Francisco, Ca. 94102-4689 Dear Supervisors, February 28, 2018 On behalf of the 1,400,000 members of Courage Campaign, California's largest online, progressive organizing network, I write in strong support of legislation to eliminate several court fees that have been plaguing San Franciscans caught up in the criminal justice system. These fees, used to fund certain city services, can add up to thousands of dollars of debt for people who have served their time and create obstacles to successfully moving on to productive lives. The unintended consequence of this practice is to push people into poverty, with people of color often hit the hardest. These financial penalties can make government a driver of inequality and further damage communities that are struggling to maintain their place in this city. Fines and fees in the criminal justice system, including court and probation costs, restrict the economic mobility of people reentering society from jail or prison. Approximately 80 percent of individuals in jail are indigent. Yet, after someone has already served their time, they frequently receive a bill for a long list of fines and fees, including probation costs, fingerprinting costs, and mandated user fees. According to a survey of over 700 people conducted by the Ella Baker Center, the average debt incurred for court-related fines and fees on one case was
$13,607. In San Francisco, the burden of these fines and fees falls heaviest on the African-American community, which accounts for less than 6 percent of the population but makes up over half the population in the county's jails. We must end the cycle of poverty that results from policies that impose crippling debt on our city's marginalized communities. Not only does charging San Franciscans thousands of dollars for criminal fines strip communities of color of resources, but research also shows that these fines and fees are an inefficient source of revenue, with the costs of trying to collect from people who can't afford to pay often nearing or exceeding the revenue actually collected. With this proposed ordinance, the City and County of San Francisco becomes the first county in California to eliminate the criminal justice fines and fees under its control. Our city has the power to inspire other municipalities to seriously confront economic injustice in the criminal justice system. San Francisco does not have to fund its budget on the backs of our most vulnerable residents, many of whom are already facing homelessness and unemployment. It is not enough for San Francisco to simply acknowledge that our criminal justice system is broken. We must ar:;tively lead the charge to reform these laws and, in doing so, challenge the rest of the country to make vulnerable populations a priority. For these reasons, Courage Campaign strongly urges you to support the proposed legislation to eliminate criminal fines and fees used to fund city services. Courage Campaign, 7119 W. Sunset Boulevard, No. 195, Los Angeles, CA 90046 3.556.7220 (phone) www.couragecampaign.org Best Regards, Eddie Kurtz Executive Director, Courage Campaign Jesse Stout Of Counsel mobile + 1 415 633 6280 jesse.stout@greenbridgelaw.com February 28, 2018 San Francisco Board of Supervisors City Hall Dr. Carlton B. Goodlett Place, Room 244 San Francisco, CA 94102-4689 Dear Supervisors, Greenbridge Corporate Counsel 15 K Street Suite 1700 Sacramento, CA 95814 office +1916503 3132 fax + 1 916 503 2401 greenbridgelaw.com Greenbridge Corporate Counsel supports San Francisco Board of Supervisors President London Breed's legislation to eliminate several court fees that have been plaguing San Franciscans caught up in the criminal justice system. Greenbridge represents businesses in the legal cannabis industry, whose leaders would previously have been criminalized. Court fees, used to fund certain city services, can add up to thousands of dollars of debt for people who have served their time and create obstacles to successfully moving on to productive lives. The unintended consequence of this practice is to push people into poverty, with people of color often hit the hardest. These financial penalties can make government a driver of inequality and further damage communities that are struggling to maintain their place in this city. Fines and fees in the criminal justice system, including court and probation costs, restrict the economic mobility of people reentering society from jail or prison. Approximately 80 percent of individuals in jail are indigent. Yet, after someone has already served their time, they frequently receive a bill for a long list of fines and fees, including probation costs, fingerprinting costs, and mandated user fees. According to a survey of over 700 people conducted by the Ella Baker Center, the average debt incurred for court-related fines and fees on one case was $13,607. In San Francisco, the burden of these fines and fees falls heaviest on the African­
American community, which accounts for less than 6 percent of the population but makes up over half the population in the county's jails. We must end the cycle of poverty that results from policies that impose crippling debt on our city's marginalized communities. Not only does charging San Franciscans thousands of February 28, 2018 dollars for criminal fines strip communities of color of resources, but research also shows that these fines and fees are an inefficient source of revenue, with the costs of trying to collect from people who can't afford to pay often nearing or exceeding the revenue actually collected. With this proposed ordinance, the City and County of San Francisco would become the first county in California to eliminate the criminal justice fines and fees under its control. Our city has the power to inspire other municipalities to seriously confront economic injustice in the criminal justice system. San Francisco does not have to fund its budget on the backs of our most vulnerable residents, many of whom are already facing homelessness and unemployment. It is not enough for San Francisco to simply acknowledge that our criminal justice system is broken. We must actively lead the charge to reform these laws and, in doing so, challenge the rest of the country to prioritize vulnerable populations. For these reasons, Greenbridge Corporate Counsel strongly urges you to support the proposed legislation to eliminate criminal fines and fees used to fund city services. Sincerely,
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Jesse Stout February 28, 2018 San Francisco Board of Supervisors City Hall Dr. Carlton B. Goodlett Place, Room 244 San Francisco, Ca. 94102-4689 Dear Supervisors, REENTRY ADVOCATES San Francisco Board of Supervisors President London Breed has introduced legislation to eliminate several court fees that have been plaguing San Franciscans caught up in the criminal justice system. These fees, used to fund certain city services, can add up to thousands of dollars of debt for people who have served theirtime and create obstacles to successfully moving on to productive lives. The unintended consequence of this practice is to push people into poverty, with people of color often hit the hardest. These financial penalties can make government a driver of inequality and further damage communities that are struggling to maintain their place in this city. Fines and fees in the criminal justice system, including court and probation costs, restrict the economic mobility of people reentering society from jail or prison. Approximately 80 percent of individuals in jail are indigent. Yet, after someone has already served their time, they frequently receive a bill for a long list of fines and fees, including probation costs, fingerprinting costs, and mandated user fees. According to a survey of over 700 people conducted by the Ella Baker Center, the average debt incurred for court-related fines and fees on one case was $13,607. In San Francisco, the burden of these fines and fees falls heaviest on the African-American community, which accounts for less than 6 percent of the population but makes up over half the population in the county's jails. We must end the cycle of poverty that results from policies that impose crippling debt on our city's marginalized communities. Not only does charging San Franciscans thousands of dollars for criminal fines strip communities of color of resources, but research also shows that these fines and fees are an inefficient source of revenue, with the costs of trying to collect from people who can't afford to pay often nearing or exceeding the revenue actually collected. With this proposed ordinance, the City and County of San Francisco becomes the first county in California to eliminate the criminal justice fines and fees under its control. Our city has the power to inspire other municipalities to seriously confront economic injustice in the criminal justice system. San Francisco does not have to fund its budget on the backs of our most vulnerable residents, many of whom are already facing homelessness and unemployment. It is not enough for San Francisco to simply acknowledge that our criminal justice system is broken. We must actively lead the charge to reform these laws and, in doing so, challenge the rest of the country to make vulnerable populations a priority. For these reasons, Root & Rebound strongly urges you to support the proposed legislation to eliminate criminal fines and fees used to fund city services. Sincerely,
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Katherine Katcher -Founder and Executive Director, Root & Rebound

• LAW ENFORCEMENT ACTION PARTNERSHIP 1 Mystic Avenue, Suite 9 Medford, Massachusetts 02155 T: (781) 393.6985 ADVANCING JUSTICE AND PUBLIC SAFETY SOLUTIONS BOARD OF DIRECTORS Lieutenant Diane Goldstein, Ret. Board Chair, California, USA Prosecutor Inge Fryklund, Fmr. Treasurer, Bend, Oregon. USA Mr. Stephen Gutwillig Secretary, Los Angeles, California, USA Dep. Chief Stephen Downing, Ret. California. USA Major Neill Franklin, Rec. Baltimore, Maryland, USA Ms. Sara Love Bethesda, Maryland, USA Captain Leigh Maddox. Ret. Baltimore. Maryland, USA Detective Sergeant Neil Woods, Rec. Derbyshire, England, LEAP UK ADVISORY BOARD Mr. Ramesh Bhattacharji Fmr. Drug Czar, Delhi, India Chief Coroner Vince Cain Ret. Chief Superintendent. RCMP, Vancouver. Canada Senator Larry Campbell Fmr. Mayor of Vancouver & RCMP, Vancouver, Canada Justice Kenneth Crispin Ret. Supreme Court Justice, Sydney, Australia MP Libby Davies Member of Parliament, Ottawa, Canada Officer Hans van Duijn Ret. National Dutch Police Union President, Amsterdam, Netherlands Mr. Carel Edwards Fmr. Drug Czar, European Union, Belgium Judge Warren W. Eginton Ret. U.S. District Court Judge, Connecticut, USA General Gustavo de Greiff Fmr. Attorney General, Colombia Governor Gary E. Johnson fmr. GOvernor of New Mexico, USA Judge John L. Kane Ret. U.S. District Court Judge, Colorado, USA Justice C. Ross Lander Ret. BC Supreme Court Justice, Canada Justice Ketil Lund Ret. Supreme Court Justice, Oslo, Norway Sheriff Bill Masters Sheriff, San Miguel County, Colorado, USA Chief Norm Stamper Ret. Police Chief, Seattle, Washington, USA Mr. Eric Sterling President, Criminal Justice Policy Foundation, Washington, DC, USA Mr. Thomas P. Sullivan Ret. U.S. Attorney Northern Washington, District, Chicago, Illinois, USA Judge Robert Sweet Ret. U.S. District Court Judge, New York. USA Chief Francis Wilkinson Fmr. Chief Constable, Wales, UK March 6, 2018 San Francisco Board of Supervisors City Hall 1 Dr. Carlton B. Goodlett Place, Room 244 San Francisco, Ca. 94102-4689 Dear Supervisors, San Francisco Board of Supervisors President London Breed has introduced legislation to eliminate several court fees that have been plaguing San Franciscans caught up in the criminal justice system. These fees, used to fund certain city services, can add up to thousands of dollars of debt for people who have served their time and create obstacles to successfully moving on to productive lives. The unintended consequence of this practice is to push people into poverty, with people of color often hit the hardest. These financial penalties can make government a driver of inequality and further damage communities that are struggling to maintain their place in this city. Fines and fees in the criminal justice system, including court and probation costs, restrict the economic mobility of people reentering society from jail or prison. Approximately 80 percent of individuals in jail are indigent. Yet, after someone has already served their time, they frequently receive a bill for a long list offines and fees, including probation costs, fingerprinting costs, and mandated user fees. According to a survey of over 700 people conducted by the Ella Baker Center, the average debt incurred for court-related fines and fees on one case was $13,607. In San Francisco, the burden of these fines and fees falls heaviest on the African-American community, which accounts for less than 6 percent of the population but makes up over half the population in the county's jails. We must end the cycle of poverty that results from policies that impose crippling debt on our city's marginalized communities. Not only does charging San Franciscans thousands of dollars for criminal fines strip communities of color of resources, but research also shows that these fines and fees are an inefficient source of revenue, with the costs of trying to collect from people who can't afford to pay often nearing or exceeding the revenue actually collected. With this proposed ordinance, the City and County of San Francisco becomes the first county in California to eliminate the criminal justice fines and fees under its control. Our city has the power to inspire other municipalities to seriously confront economic injustice in the criminal justice system. San Francisco does not have to fund its budget on the backs of our most vulnerable residents, many of whom are already facing homelessness and unemployment. It is not enough for San Francisco to simply acknowledge that our criminal justice system is broken. We must actively lead the charge to reform these laws and, in doing so, challenge the rest of the country to make vulnerable populations a priority. For these reasons, the Law Enforcement Action Partnership (LEAP) strongly urges you to support the proposed legislation to eliminate criminal fines and fees used to fund city services. Sincerely, Neill Franklin Executive Director Law Enforcement Action Partnership LawEnforcementActionPartnership.org Formerly known as Law Enforcement Against Prohibition Somera, Alisa (BOS)
From:
Sent:
Board of Supervisors, (BOS)
Thursday, March 08, 2018 4:54 PM Subject: FW: Support for File No 180132 -Criminal Justice System Fees and Penalties From: Brittany Stonesifer [mailto:brittany@prisonerswithchildren.org]
Sent: Thursday, March 08, 2018 4:14 PM To: Board of Supervisors, (BOS) <board.of.supervisors@sfgov.org>
Subject: Re: Support for File No 180132 -Criminal Justice System Fees and Penalties Correction: I intended to say that Supervisor Breed is the primary sponsor of this legislation. Apologies for the inconvenience and thank you again for you support. Brittany Stonesifer Staff Attorney Legal Services for Prisoners with Children 40 Market Street, Suite 490 San Francisco, CA 94102
(415) 255-7036, ext. 306 www.prisonerswithchildren.org Donate to LSPC here On Thu, Mar 8, 2018 at 4:01 PM, Brittany Stonesifer <brittany@prisonerswithchildren.org> wrote:
Dear members of the San Francisco Board of Supervisors, Please find attached several letters from nonprofit organizations, a law firm, and an individual in support of the Criminal Justice System Fees and Penalties ordinance currently pending before the Board (File No 180132). The ordinance was introduced by Supervisor Cohen on February 6, is currently cosponsored by Supervisors Cohen, Tang, Sheehy, and has broad community support. We respectfully ask for your yes vote on this important legislation. Please feel free to contact me if you have any questions regarding the ordinance or our support. Sincerely, Brittany Stonesifer Staff Attorney Legal Services for Prisoners with Children 40 Market Street, Suite 490 San Francisco, CA 94102
(415) 255-7036, ext. 306 www.prisonerswithchildren.org Donate to LSPC here ,.
......
~
LSPC Legal Services for Prisoners with Oiildren March 8, 2018 San Francisco Board of Supervisors City Hall Dr. Carlton B. Goodlett Place, Room 244 San Francisco, Ca. 94102-4689 Dear Supervisors, San Francisco Board of Supervisors President London Breed has introduced legislation to eliminate several court fees that have been plaguing San Franciscans impacted by the criminal justice system. These fees can add up to thousands of dollars of debt and prevent people coming home from jail or prison from getting back on their feet. As a member of the Debt Free SF Coalition and an organization with a 40 year history of fighting for the civil and human rights of people with convictions, Legal Services for Prisoners with Children (LSPC) believes that government services should not be funded on the backs of our city's most vulnerable residents. Criminal justice fines and fees restrict the economic mobility of reentering people. Approximately 80 percent of individuals in jail are indigent. Yet, after someone has already served their time, they frequently receive a bill for a long list of fines and fees, including probation costs, fingerprinting costs, and mandated user fees. According to a survey of over 0 people conducted by the Ella Baker Center, the average debt incurred for court-related fines and fees on one case was $13,607. In San Francisco, the burden of these fines and fees falls heaviest on the African-American community, which accounts for less than 6 percent of the population but makes up over half the population in the county's jails. Not only does charging San Franciscans thousands of dollars for criminal fines strip communities of color of resources, but research also shows that these fines and fees are an inefficient source of revenue, with the costs of trying to collect from people who can't afford to pay often nearing or exceeding the revenue actually collected. With this proposed ordinance, the City and County of San Francisco becomes the first county in California to eliminate the criminal justice fines and fees under its control. Our city has the power to inspire other municipalities to seriously confront economic injustice in the criminal justice system. San Francisco does not have to fund its budget by stripping resources from formerly incarcerated people, many of whom are already facing homelessness and unemployment. For these reasons, LSPC strongly urges you to support the proposed legislation to eliminate criminal fines and fees used to fund city services. Sincerely,
{5;vt¥--Brittany Stonesifer Staff Attorney 1540 Market St., Suite 490 San Francisco, CA 94102 Phone: (415) 625-7046 Fax: (415) 552-3150 www.PrisonersWithChildren.org brittany@PrisonersWithChildren.org February 28, 2018 San Francisco Board of Supervisors City Hall Dr. Carlton B. Goodlett Place, Room 244 San Francisco, Ca. 94102-4689 Dear Supervisors, San Francisco Board of Supervisors President London Breed has introduced legislation to eliminate several court fees that have been systematically harming San Franciscans caught up in the criminal justice system. These fees, used to fund city services, can add up to thousands of dollars of debt and create obstacles to successful re-entry. This practice pushes people into poverty, with people of color often hit the hardest. These financial penalties can make government a driver of inequality and further damage communities that are struggling to maintain their place in this city. Fines and fees in the criminal justice system, including court and probation costs, restrict the economic mobility of people reentering society from jail or prison. Approximately 80 percent of individuals in jail are indigent. Yet, after someone has served their time, they frequently receive a bill for a long list of fines and fees, including probation costs, fingerprinting costs, and mandated user fees. According to a survey of over 700 people conducted by the Ella Baker Center, the average debt incurred for court-related fines and fees on one case was $13,607. In San Francisco, the burden of these fines and fees falls heaviest on the African-American community, which accounts for less than 6 percent of the population but makes up over half the population in the county's jails. We must end the cycle of poverty that results from policies that impose crippling debt on our city's marginalized communities. Not only does charging San Franciscans thousands of dollars for criminal fines strip communities of color of resources, but research also shows that these fines and fees are an inefficient source of revenue, with the costs of trying to collect from people who can't afford to pay often nearing or exceeding the revenue actually collected. With this proposed ordinance, the City and County of San Francisco becomes the first county in California to eliminate the criminal justice fines and fees under its control. Our city has the power to inspire other municipalities to seriously confront economic injustice in the criminal justice system. San Francisco does not have to fund its budget on the backs of our most vulnerable residents, many of whom are already facing homelessness and unemployment. It is not enough for San Francisco to simply acknowledge that our criminal justice system is broken. We must actively lead the charge to reform these laws and, in doing so, challenge the rest of the country to make vulnerable populations a priority. For these reasons, I strongly urge you to support the proposed legislation to eliminate criminal fines and fees used to fund city services. As someone born and raised in California, and who has worked on criminal justice issues as an intern with the Ella Baker Center for Human Rights, Legal Services for Prisoners With Children, the Rhode Island Department of Health, and the Center for Prisoner Health and Human Rights, I strongly believe in the importance of this ordinance. The San Francisco Board of Supervisors needs to take a stand against this injustice, and lead the rest of the state and nation in criminal justice reform. Sincerely, Bethlehem Desta Ethnic Studies, AB -Candidate Brown University, 2018 COURAGE*
CAMPAIGN San Francisco Board of Supervisors City Hall Dr. Carlton B. Goodlett Place, Room 244 San Francisco, Ca. 94102-4689 Dear Supervisors, February 28, 2018 On behalf of the 1,400,000 members of Courage Campaign, California's largest online, progressive organizing network, I write in strong support of legislation to eliminate several court fees that have been plaguing San Franciscans caught up in the criminal justice system. These fees, used to fund certain city services, can add up to thousands of dollars of debt for people who have served their time and create obstacles to successfully moving on to productive lives. The unintended consequence of this practice is to push people into poverty, with people of color often hit the hardest. These financial penalties can make government a driver of inequality and further damage communities that are struggling to maintain their place in this city. Fines and fees in the criminal justice system, including court and probation costs, restrict the economic mobility of people reentering society from jail or prison. Approximately 80 percent of individuals in jail are indigent. Yet, after someone has already served their time, they frequently receive a bill for a long list of fines and fees, including probation costs, fingerprinting costs, and mandated user fees. According to a survey of over 700 people conducted by the Ella Baker Center, the average debt incurred for court-related fines and fees on one case was
$13,607. In San Francisco, the burden of these fines and fees falls heaviest on the African-American community, which accounts for less than 6 percent of the population but makes up over half the population in the county's jails. We must end the cycle of poverty that results from policies that impose crippling debt on our city's marginalized communities. Not only does charging San Franciscans thousands of dollars for criminal fines strip communities of color of resources, but research also shows that these fines and fees are an inefficient source of revenue, with the costs of trying to collect from people who can't afford to pay often nearing or exceeding the revenue actually collected. With this proposed ordinance, the City and County of San Francisco becomes the first county in California to eliminate the criminal justice fines and fees under its control. Our city has the power to inspire other municipalities to seriously confront economic injustice in the criminal justice system. San Francisco does not have to fund its budget on the backs of our most vulnerable residents, many of whom are already facing homelessness and unemployment. It is not enough for San Francisco to simply acknowledge that our criminal justice system is broken. We must actively lead the charge to reform these laws and, in doing so, challenge the rest of the country to make vulnerable populations a priority. For these reasons, Courage Campaign strongly urges you to support the proposed legislation to eliminate criminal fines and fees used to fund city services. Courage Campaign, 7119 W. Sunset Boulevard, No. 195, Los Angeles, CA 90046 3.556.7220 (phone) www.couragecampaign.org Best Regards, Eddie Kurtz Executive Director, Courage Campaign Jesse Stout O(Counsd mobile + 1 415 633 6280 jesse.stout@greenbridgelaw.com February 28, 2018 San Francisco Board of Supervisors City Hall Dr. Carlton B. Goodlett Place, Room 244 San Francisco, CA 94102-4689 Dear Supervisors, Greenbridge Corporate Counsel 15 K Street Suite 1700 Sacramento, CA 95814 office + 1 916 503 3132 fax + 1 916 503 2401 greenbridgelaw.com Green bridge Corporate Counsel supports San Francisco Board of Supervisors President London Breed's legislation to eliminate several court fees that have been plaguing San Franciscans caught up in the criminal justice system. Greenbridge represents businesses in the legal cannabis industry, whose leaders would previously have been criminalized. Court fees, used to fund certain city services, can add up to thousands of dollars of debt for people who have served their time and create obstacles to successfully moving on to productive lives. The unintended consequence of this practice is to push people into poverty, with people of color often hit the hardest. These financial penalties can make government a driver of inequality and further damage communities that are struggling to maintain their place in this city. Fines and fees in the criminal justice system, including court and probation costs, restrict the economic mobility of people reentering society from jail or prison. Approximately 80 percent of individuals in jail are indigent. Yet, after someone has already served their time, they frequently receive a bill for a long list of fines and fees, including probation costs, fingerprinting costs, and mandated user fees. According to a survey of over 700 people conducted by the Ella Baker Center, the average debt incurred for court-related fines and fees on one case was $13,607. In San Francisco, the burden of these fines and fees falls heaviest on the African­
American community, which accounts for less than 6 percent of the population but makes up over half the population in the county's jails. We must end the cycle of poverty that results from policies that impose crippling debt on our city's marginalized communities. Not only does charging San Franciscans thousands of February 28, 2018 dollars for criminal fines strip communities of color of resources, but research also shows that these fines and fees are an inefficient source of revenue, with the costs of trying to collect from people who can't afford to pay often nearing or exceeding the revenue actually collected. With this proposed ordinance, the City and County of San Francisco would become the first county in California to eliminate the criminal justice fines and fees under its control. Our city has the power to inspire other municipalities to seriously confront economic injustice in the criminal justice system. San Francisco does not have to fund its budget on the backs of our most vulnerable residents, many of whom are already facing homelessness and unemployment. It is not enough for San Francisco to simply acknowledge that our criminal justice system is broken. We must actively lead the charge to reform these laws and, in doing so, challenge the rest of the country to prioritize vulnerable populations. For these reasons, Greenbridge Corporate Counsel strongly urges you to support the proposed legislation to eliminate criminal fines and fees used to fund city services. Sincerely,
~~~
\j Jesse Stout February 28, 2018 San Francisco Board of Supervisors City Hall ROOT &
~REENTRY ADVOCATES Dr. Carlton B. Goodlett Place, Room 244 San Francisco, Ca. 94102-4689 Dear Supervisors, San Francisco Board of Supervisors President London Breed has introduced legislation to eliminate several court fees that have been plaguing San Franciscans caught up in the criminal justice system. These fees, used to fund certain city services, can add up to thousands of dollars of debt for people who have served their time and create obstacles to successfully moving on to productive lives. The unintended consequence of this practice is to push people into poverty, with people of color often hit the hardest. These financial penalties can make government a driver of inequality and further damage communities that are struggling to maintain their place in this city. Fines and fees in the criminal justice system, including court and probation costs, restrict the economic mobility of people reentering society from jail or prison. Approximately 80 percent of individuals in jail are indigent. Yet, after someone has already served their time, they frequently receive a bill for a long list of fines and fees, including probation costs, fingerprinting costs, and mandated user fees. According to a survey of over 700 people conducted by the Ella Baker Center, the average debt incurred for court-related fines and fees on one case was $13,607. In San Francisco, the burden of these fines and fees falls heaviest on the African-American community, which accounts for less than 6 percent of the population but makes up over half the population in the county's jails. We must end the cycle of poverty that results from policies that impose crippling debt on our city's marginalized communities. Not only does charging San Franciscans thousands of dollars for criminal fines strip communities of color of resources, but research also shows that these fines and fees are an inefficient source of revenue, with the costs of trying to collect from people who can't afford to pay often nearing or exceeding the revenue actually collected. With this proposed ordinance, the City and County of San Francisco becomes the first county in California to eliminate the criminal justice fines and fees under its control. Our city has the power to inspire other municipalities to seriously confront economic injustice in the criminal justice system. San Francisco does not have to fund its budget on the backs of our most vulnerable residents, many of whom are already facing homelessness and unemployment. It is not enough for San Francisco to simply acknowledge that our criminal justice system is broken. We must actively lead the charge to reform these laws and, in doing so, challenge the rest of the country to make vulnerable populations a priority. For these reasons, Root & Rebound strongly urges you to support the proposed legislation to eliminate criminal fines and fees used to fund city services. Sincerely,
~~-Katherine Katcher -Founder and Executive Director, Root & Rebound BOARD OF DIRECTORS Lieutenant Diane Goldstein, Ret. Board Chair, California, USA Prosecutor Inge Fryklund, Fmr. Treasurer, Bend, Oregon, USA Mr. Stephen Gutwillig Secretary, Los Angeles, California, USA Dep. Chief Stephen Downing, Ret. California, USA Major Neill Franklin, Ret. Baltimore, Maryland, USA Ms. Sara Love Bethesda, Maryland, USA Captain Leigh Maddox, Ret. Baltimore, Maryland, USA Detective Sergeant Neil Woods, Rec. Derbyshire, England, LEAP UK ADVISORY BOARD Mr. Ramesh Bhattacharji Fmr. Drug Czar, Delhi, India Chief Coroner Vince Cain Ret. Chief Superintendent, RCMP, Vancouver, Canada Senator Larry Campbell Fmr. Mayor of Vancouver & RCMP, Vancouver, Canada Justice Kenneth Crispin Ret. Supreme Court Justice, Sydney. Australia MP Libby Davies Member of Parliament, Ottawa, Canada Officer Hans van Duijn Ret. National Dutch Police Union President, Amsterdam, Netherlands Mr. Carel Edwards Fmr. Drug Czar, European Union, Belgium Judge Warren W. Eginton Ret. U.S. District Court Judge, Connecticut, USA General Gustavo de Greiff Fmr. Attorney General, Colombia Governor Gary E. Johnson Fmr. Governor of New Mexico, USA Judge John L Kane Ret. U.S. District Court Judge, Colorado, USA Justice C. Ross Lander Ret. BC Supreme Court Justice, Canada Justice Ketil Lund Ret. Supreme Court justice, Oslo, Norway Sheriff Bill Masters Sheriff, San Miguel County, Colorado, USA Chief Norm Stamper Ret. Police Chief, Seattle, Washington, USA Mr. Eric Sterling President, Criminal Justice Policy Foundation, Washington, DC, USA Mr. Thomas P. Sullivan Ret. U.S. Attorney Northern Washington, District, Chicago, Illinois, USA Judge Robert Sweet Ret. U.S. District Court Judge, New York, USA Chief Francis Wilkinson Fmr. Chief Constable, Wales, UK March 6, 2018 San Francisco Board of Supervisors City Hall Dr. Carlton B. Goodlett Place, Room 244 San Francisco, Ca. 94102-4689 Dear Supervisors, 1 Mystic Avenue, Suite 9 Medford, Massachusetts 02155 T: (781) 393.6985 San Francisco Board of Supervisors President London Breed has introduced legislation to eliminate several court fees that have been plaguing San Franciscans caught up in the criminal justice system. These fees, used to fund certain city services, can add up to thousands of dollars of debt for people who have served their time and create obstacles to successfully moving on to productive lives. The unintended consequence of this practice is to push people into poverty, with people of color often hit the hardest. These financial penalties can make government a driver of inequality and further damage communities that are struggling to maintain their place in this city. Fines and fees in the criminal justice system, including court and probation costs, restrict the economic mobility of people reentering society from jail or prison. Approximately 80 percent of individuals in jail are indigent. Yet, after someone has already served their time, they frequently receive a bill for a long list offines and fees, including probation costs, fingerprinting costs, and mandated user fees. According to a survey of over 700 people conducted by the Ella Baker Center, the average debt incurred for court-related fines and fees on one case was $13,607. In San Francisco, the burden of these fines and fees falls heaviest on the African-American community, which accounts for less than 6 percent of the population but makes up over half the population in the county's jails. We must end the cycle of poverty that results from policies that impose crippling debt on our city's marginalized communities. Not only does charging San Franciscans thousands of dollars for criminal fines strip communities of color of resources, but research also shows that these fines and fees are an inefficient source of revenue, with the costs of trying to collect from people who can't afford to pay often nearing or exceeding the revenue actually collected. With this proposed ordinance, the City and County of San Francisco becomes the first county in California to eliminate the criminal justice fines and fees under its control. Our city has the power to inspire other municipalities to seriously confront economic injustice in the criminal justice system. San Francisco does not have to fund its budget on the backs of our most vulnerable residents, many of whom are already facing homelessness and unemployment. It is not enough for San Francisco to simply acknowledge that our criminal justice system is broken. We must actively lead the charge to reform these laws and, in doing so, challenge the rest of the country to make vulnerable populations a priority. For these reasons, the Law Enforcement Action Partnership (LEAP) strongly urges you to support the proposed legislation to eliminate criminal fines and fees used to fund city services. Sincerely, Neill Franklin Executive Director Law Enforcement Action Partnership LawEnforcementActionPartnership.org Formerly known as Law Enforcement Against Prohibition City Hall BOARD of SUPERVISORS Dr. Carlton B. Goodlett Place, Room 244 San Francisco 94102-4689 Tel. No. 554-5184 Fax No. 554-5163 TDD/TTY No. 554-5227 MEMORANDUM TO: Vicki Hennessy, Sheriff, Sheriff's Department William Scott, Police Chief, Police Department Jeff Adachi, Public Defender, Office of the Public Defender George Gascon, District Attorney, Office of the District Attorney FROM:~~ Alisa Somera, Legislative Deputy Director
· \)~ Rules Committee DATE: February 13, 2018 SUBJECT: LEGISLATION INTRODUCED The Board of Supervisors' Rules Committee has received the following proposed legislation, introduced by Supervisor Breed on February 6, 2018:
File No. 180132 Ordinance amending the Administrative Code to abolish fees associated with probation costs, restitution, booking, the Sheriff's Work Alternative Program, the automated county warrant system, the Sheriff's Home Detention Program, and to abolish local penalties associated with alcohol testing and court-ordered penalties for misdemeanor and felony offenses. If you have comments or reports to be included with the file, please forward them to me at the Board of Supervisors, City Hall, Room 244, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA 94102 or by email at: alisa.somera@sfgov.org. c: Theodore T oet, Sheriff's Department Katherine Garwood, Sheriff's Department Eileen Hirst, Sheriff's Department Rowena Carr, Police Department Kristine Demafeliz, Police Department Cristine Soto DeBerry, Office of the District Attorney Maxwell Szabo, Office of the District Attorney
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President, District 5 BOARD of SUPERVISORS City Hall Ac~~.;
I Dr. Carlton B. Goodlett Place, Room 244 /A _ San Francisco 94102-4689 d-London Breed Tel. No. 554-7630 Fax No. 554-7634 TDDffTY No. 5'44-522]
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==============================================================~::::!;::::=========-,:·. ~ ~---~-;~i;~ PRESIDENTIAL ACTION. ,-{ '": -i::
Date: 2/14/2018 To: Angela Calvillo, Clerk of the Board of Supervisors Madam Clerk, Pursuant to Board Rules, I am hereby:
~ Waiving 30-Day Rule (Board Rule No. 3.23)
File No. 180132 Breed
(Primary Sponsor)
Title. D. Transferring (Board Rule No 3.3)
File No.
(Primary Sponsor)
Title. From: ______________________ Committee To: Committee D Assigning Temporary Committee Appointment (Board Rule No. 3.1)
Supervisor --------~
Replacing Supervisor ________ _ For: ----------------~ (Date) (Committee)
Meeting Print Form Introduction Form. . · ~--~j;' 1 i l I'' By a Member of the Board of Supervisors or the Mayor LG lJ Fi:B -'J P 3: 1 'T me stamp I hereby submit the following item for introduction (select only one): or meeting date 1. For reference to Committee. (An Ordinance, Resolution, Motion, or Charter Amendment)
D 2. Request for next printed agenda Without Reference to Committee. D 3. Request for hearing on a subject matter at Committee. D
D D
D D
D D
. Request for letter beginning "Supervisor
. City Attorney request.
. Call File No. from Committee.
. Budget Analyst request (attach written motion).
. Substitute Legislation File No.
. Reactivate File No. ~I -----~
. Question(s) submitted for Mayoral Appearance before the BOS on inquires"
~-------------~
Please check the appropriate boxes. The proposed legislation shou.ld be forwarded to the following:
D Small Business Commission D Youth Commission D Ethics Commission D Planning Commission D Building Inspection Commission Note: For the Imperative Agenda (a resolution not on the printed agenda), use a Imperative Form. Sponsor(s):
President London N. Breed, Supervisor Cohen Subject:
Administrative Code -Criminal Justice System Fees and Penalties The text is listed below or attached:
Ordinance amending the Administrative Code to abolish fees associated with probation costs, restitution, booking, the Sheriffs Work Alternative Program, the automated county warrant system, the Sheriffs Home Detention Program, and to abolish local penalties associated with alcohol testing and c t-ordered penalties for misdem nor and felony offenses. Signature of Sponsoring Supervisor: --~<+---------------+-----For Clerk's Use Only:
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