Police Department Policy

6-03.0 (Rev 4-16)_Determination of Ability to Pay_1463-12262019

Sacramento County Sheriff

Policy Text
Correctional Services Page 1 of 4 6/03.0 (Rev 4-16) Work Release-Collections Determination of Ability to Pay The purpose of this Order is to e stablish guidelines for determ ining ability to pay standards for participants of Wor k Release Division programs. I. Policy Statement Pursuant to Penal Code 4024.2 and S. C.C. 2.90.310, respectively , an administrative fee and a per day fee are charged to each program participant. Fee s can be adjusted or waived according to the parti cipant’s ability to pay. II. Contents of Order A. The table below identifies topics covered in this Order: Topic See Page General Guidelines 1-2 Financial Interviewin g 2 Income and Household Ex penses 2-3 Adjustment or Waivin g of Fees 3-4 III. General Guidelines A. The administrative fee shoul d be paid in full, waived, or ad justed prior to the interview. B. An applicant who believes he/s he qualifies for a fee reducti on may be required to provide written proof of expenses and income. IV. Determining Program Daily Fees A. Once the administrative fee is paid, waived or adjusted, the site interview is completed, and the participant’s eligibility for the program is determined, the financial interviewer s hall calculate total fees. B. Work Project fees will be based on a max imum of $40.00 per s entenced day, or based on the current maxim um as provided by the Sacrame nto County Board of Supervisors. C. The maximum daily Home Det ention fee will be based on the su m of current daily monitoring and rent al fees for electronic monitor ing and alco- Correctional Services Page 2 of 4 6/03.0 (Rev 4-16) Work Release-Collections sensor units, and one hour of t he participant’s wage per day. Home Detention fees will not exceed $47.00 per day, or shall not exc eed the current maximum as approved by t he Sacramento C ounty Board of Supervisors. D. The maximum daily rate for Al ternative Sentencing is $30.00. However, the fees are charged at a lower r ate for the smaller sentences. E. When fees have been determined , the financial interview will establish a payment schedule. V. Financial Evaluation/Adjustment A. If an applicant desires a financ ial adjustment review, they may be required to provide additional written fi nancial information to the Coll ection Services Agent who will re-evaluate their financial status and make appr opriate adjustments as necessary. B. The financial evaluation assist s the CSA in i dentifying inco me and expenses: 1. Participant’s household income(s) 2. Necessary living expenses 3. Indebtedness 4. Assets C. The Collection Services Agent can adjust and/or waive fees b ased on this evaluation. VI. Appeal Process A. If a participant wishes to further discuss the Collection Se rvices Agent’s determination of ability to pay, the Collection Services Superv isor or appropriate Sergeant may be called in. VII. Financial Interviewing A. During the initial interview , in rare cases the participant may be requested to return with documentati on on income and expenses. B. Occasionally a spouse or part ner will be brought in to provi de the needed information. VIII. Disability or Workers’ Compensation A. If the participant is on disab ility or workers’ compensation , determine the following: Correctional Services Page 3 of 4 6/03.0 (Rev 4-16) Work Release-Collections 1. How much unemployment insur ance does the participant receive ? 2. How long has he/she been unemployed? 3. Was the participant laid off or terminated? 4. Does the participant live alone or with a spouse, co-habitan t, or parent who helps support the household? 5. Does the unemployment amount e xceed the Cal Works or General Assistance grant amount? IX. Income and Household Expenses A. Income general 1. Often, it will appear that the par ticipant has more expenses than income. Usually this occurs bec ause the participant is attempt ing to conceal income from other sources: a. A second job b. A spouse or roommate c. Social Security benefits d. Child support X. Household Expenses General A. The Collection Services Agen t will question unrealistic expe nses to clarify the participant’s intent. If the amounts are obviously inflate d, and the participant cannot reasonably subst antiate them, the Collection Services Agent should inform the participant. XI. Expense Evaluation A. The Collection Services Agen t shall evaluate the following: 1. Expenses for utilities, food and transportation. 2. Do they appear grossly exaggerated? 3. Are past due amounts inclu ded in the monthly expenses? 4. Has the applicant intentionally inflated his/her expenses, h oping that the monthly pay ment will be reduced? B. Do not allow the participant to claim full rent expense if h e/she is not the sole occupant. Expenses should be prorated based on the number of adults in the residence. Correctional Services Page 4 of 4 6/03.0 (Rev 4-16) Work Release-Collections XII. Adjustment or Waiving of Fees A. A participant

Why Attorneys Choose FlawFinder

Side-by-side with Westlaw and LexisNexis

FeatureWestlawLexisNexis
Monthly price$19 - $99$133 - $646$153 - $399
ContractNone1-3 year min1-6 year min
Hidden fees$0, alwaysUp to $469/search$25/mo + per-doc
Police SOPs✓ 310+ departments
Zero-hallucination AI✓ CitationGuard
CancelOne clickTermination feesNo option to cancel
FlawFinder provides legal information, not legal advice. Consult an attorney for specific legal guidance.