HomeMy WebLinkAbout05 REV BAIL SCHEDULE 03-02-98NO. 5
3-2-98
DATE:
MARCH 2, '1998
Inter-Com
TO:
FROM-
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
REVISION OF BAIL SCHEDULE
IiSUMMARY:,: This amendment Would create a comprehenSive bail schedule including
I Pr°visions cOrresponding to recently adopted code amendments and increased bail amounts
l asrecommended by the Tustin Police Department.
RECOMMENDATION
That the City Council approve the amended Bail Schedule (Exhibit A) to establish
appropriate fines for certain violations of the TUstin City Code.
FISCAL IMPACT
There are positive fiscal impacts associated with the adoption of the bail schedule. The-
City collects a portion of any fines that are imposed which partially offset administrative
costs.
BACKGROUND AND DISCUSSION
Prior to 1991, citations with fines were limited to certain vehicle related violations only.
In 1991, the City Council implemented the Southwest Neighborhood Improvement
Program which included a component to allow certain designated staff members to
issue citations for violations related to zoning, property maintenance and other related
code violations. A bail schedule was. adopted on August 5, 1991, which identified a
'corresponding bail amount. This comprehensive bail schedule included 275 separate
violations, including one provision which could be used as a catch-all for violations not
specifically listed. The bail schedule is an addendum to the Parking citations bail
schedule previously adopted by the City Council and used by the courts when collecting
fines on behalf of the City for parking and other vehicle related violations.
The current bail schedule (AttaChment B) was adopted in 1995 and reduced the
number of specific violations listed from 275 to 37 in an attempt to simplify the citation
City Council Report
Revisions of Bail Schedule
March 2, 1998
Page 2
process for the enforcing officers and the court clerks. The subsequent two years
served as a trial period to determine the effectiveness of the new bail schedule. During
this time it has been found that the drastically modified bail schedule has resulted in a
considerable amount of confusion with the' citing officers and the court.
The Community Development Department and the'Police Department propose that the
bail schedule be expanded to reflect the original comprehensive format to eliminate the
source of confusion created by the abbreviated version. This will enable the processing
of citations in a more efficient and timely manner than has been the case for the last
two years.
The format of the bail schedule will not change but will include an expanded list of
violations and some increased fine amounts. The new bail schedule will reflect new
violations to correspond with recently enacted City Codes and recurring code
enforcement concerns' including, shopping cart violations, maintenance equipment
noise, animal nuisances, uncontainerized trash, weed nuisances, nuisance vehicles
and snipe signs. The Police Department has recommended including increased bail.
amounts for certain violations such as indecent exposure, drinking in public and
discharge of firearms.
As well as identifying common Tustin City Code sections, the bail schedule identifies
the following:
Degree - The Tustin City Code specifies a number of civil action remedies for
violations (misdemeanor, infraction). All code sections not specified in the Tustin
City Code may be enforced by the City as either a misdemeanor or infraction.
Bail Amount - The bail amount has been determined by a survey of neighboring
cities, County practice and the recommendation of the Tustin Police Department.
Penalty Assessment- The County requires an additional processing fee to be
levied for each violation at the time of posting bail. In addition to the designated.
fine amount, the defendant must pay the current County penalty assessment of
$17 for every $10 of City fine or portion thereof.
Bail Forfeiture - Bail forfeiture permits the alleged.violator to plead guilty and pay
the designated fine without going to trial. (Most traffic citations are handled in
this manner.)
Proof of Correction - The proof of correction requires the alleged violator to
correct the violation prior to court acceptance of bail forfeiture.
City Council Report
Revisions of Bail Schedule
March 2, 1998
Page 3
Mandatory Appearance- The Tustin Bail Schedule requires some repeat
offenders to appear in court (designated by a 2' or 3). Also, first time offenders of
some of the more serious criminal violations are immediately required to appear
in court (designated by a 1).
In the interest of maintaining positive public relations, Code Enforcement staff will.
continue to pursue most code enforcement issues through the current practice of
issuing a warning notice. Only as a last resort will staff be authorized to issue citations
to uncooperative violators. In most cases, recalcitrant violators are forwarded to the
City Attorney and a civil or criminal complaint is filed.
If the Council approves the proposed bail schedule, it will be'forwarded to the City
Attorney who submits the bail schedule to the court for judicial revieW and approval
along with a request that the court utilize the recommended fines and penalties
stipulated with the schedule as approved by the City Council. No formal hearings or
presentations to the court are needed. Once the bail schedule is submitted to the court,
the presiding judge will assign an effective date.
The City Attorney has reviewed and approved the proposed bail schedule as to content
Cole~_~ement O-ff~er
Attachments:
Exhibit A -- Proposed Bail Schedule
Exhibit. B.-- Existing Bail Schedule
Elizabeth A. Binsack
Community Development Director
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