HomeMy WebLinkAbout4.09 Cost Recovery Program DUI CITY OF DUBLIN
AGENDA STATEMENT
O
CITY COUNCIL MEETING DATE: October-2: 1989
SUBJECT Driving Under the Influence Emergency
Response Cost Recovery Program
(Prepared by Sergeant Jim Estes )
EXHIBITS ATTACHED ( 1 ) Resolution
(2 ) DUI Cost Recovery Notification Form
( 3 ) Cost Recovery Program Time Sheet 4 RECOMMENDATIONS Staff recommends adoption of Resolution
\ authorizing implementation of Program and
Billing Procedures
FINANCIAL STATEMENT: Anticipated billing is $1 ,500-$2 , 000 per
month. This may increase after January 1 ,
1990, when the legal blood alcohol level will
be lowered to 0. 08 from 0. 10. Actual
recovery amount is unknown.
DESCRIPTION The goal of the City of Dublin Cost Recovery
Program is to recover some of the costs .involved in responding to
emergencies by seeking restitution from those DUI drivers who cause
the incident and resulting emergency response.
PROCEDURE
Every City of Dublin Police Officer who arrests an individual for
Driving Under the Influence (DUI ) shall complete a "Cost Recovery
Program Time Sheet" . The information required for this form shall
consist of the following:
1 . The name of the arresting officer, the date of the offense
and the report number.
2 . The defendant' s name, home address including zip code and the
defendant' s assigned Personal File Number (PFN) .
3 . The blood alcohol level if a breath test was administered or
an indication if the test was urine, blood or a refusal.
4. The name and task of each Police Officer involved in the
investigation.
5. The amount of total time expended by each Police Officer
involved.
6. An indication of whether or not the Fire Department was at
the scene.
7 . Tasks performed shall include the following if appropriate:
Scene Management; Traffic Control ; Arrest and Booking;
Interviews with Persons; Report Writing; Other Associated
Tasks.
The officer shall attach the completed time sheet to the DUI Arrest
Report for processing. The officer shall also provide the person
arrested with a "DUI Cost Recovery Notification" form.
COPIES TO:
Ai
ITEM NO. 1 ' 00 - GAD
� -,RESOLUTION NO. '
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
ADOPTING PROCEDURES FOR IMPLEMENTATION OF THE
DRIVING UNDER THE INFLUENCE EMERGENCY RESPONSE
COST RECOVERY PROGRAM
WHEREAS, it is the policy of the City of Dublin to -
discourage the operation of motor vehicles while under the
influence of alcohol and/or drugs, and otherwise to encourage
careful and responsible conduct by persons operating motor
vehicles; and
WHEREAS, negligent driving under the influence of alcohol
and/or drugs is intentional wrongful conduct; and
WHEREAS, intentional wrongful conduct by persons operating
motor vehicles imposes a burden on City services above and beyond
regular services required for traffic law enforcement; and
WHEREAS, persons who willfully conduct themselves in a
manner which imposes an extraordinary burden on the public should
bear a share of that burden; and
WHEREAS, the City of Dublin wishes to implement a Driving
Under the Influence Emergency Response Cost Recovery Program in
accordance with Sections 53150 - 53158 of the California
Government Code, which provides for the reimbursement of
emergency response cost against: any person whose negligent
operation of a motor vehicle while under the influence of
alcoholic beverage or drug proximately causes any incident
resulting in emergency response by police or fire personnel; and
any person whose intentionally wrongful conduct while in the
operation of a motor vehicle proximately causes any incident
resulting in an emergency response by police or fire personnel;
and
WHEREAS, this Council desires to adopt formally the
following procedures for conduct of the Program; and
WHEREAS, this Council finds that the Program is of the .
utmost importance to the promotion of the general welfare and
safety of the people of the City of Dublin because it is designed
and intended to encourage safe driving by requiring offenders to
reimburse the City part of the cost of responding to incidents
caused by their negligent and intentional wrongful conduct;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DUBLIN DOES RESOLVE AS
FOLLOWS:
SECTION 1. This Council hereby formally determines to
implement the Program and make it effective as of
July 1, 1989.
SECTION 2. The following procedures and regulations shall
apply:
A. A motorist arrested for driving under the
influence of alcohol and/or drugs (DUI) will be
billed for the direct costs of rendering service if
all of the following criteria are met:
1. Under the influence of an alcoholic
beverage or any drug.
a. Objective symptoms are observed by
a sworn officer.
b. Chemical tests show the driver was
above the legal limit of 0.10 percent, or
tested positive for drugs, or refused to
submit to a chemical test. (The legal
limit will be 0.08 effective January 1,
1990. )
2. Negligently operated a motor vehicle
resulting in:
a. An accident involving the DUI driver,
and/or
b. DUI driver committed a hazardous moving
violation as defined in the California
Vehicle Code, Division 11 violation.
3. Proximately caused any incident.
a. Accident caused by actions of DUI
driver.
b. Hazardous moving violation caused by
DUI driver (speeding, failure to stop for
red light, speed contest, etc. ) .
4. Appropriate emergency response.
Use of emergency equipment by Police or
Fire units was required because of incident
caused by DUI driver (activation of
emergency lights and/or siren) .
B. A motorist arrested for other criminal acts
resulting from intentionally wrongful conduct while
operating a motor vehicle will be billed if any one
of the following criteria are met:
1. He/She conducted him/herself in a manner
intended to injure another person or property.
2. He/She evaded arrest where there was
conduct intended to injure another or property.
3 . He/She attempts to ram or rams police
vehicle(s) or property.
C. The City may bill motorists only for the
direct costs to the City of the emergency
response, i.e. costs of repairing or replacing
City property damaged or destroyed; hourly salary
and fringe benefit costs of the police or other
personnel who directly respond to an incident:
emergency vehicle costs.
D. The City will treat the emergency response
costs as a civil debt collectible by City in the
same manner as a contract obligation. Thus, prior
to billing City need not await a criminal
conviction regarding the incident at issue.
PASSED, APPROVED AND ADOPTED BY THE COUNCIL OF .THE CITY OF
DUBLIN ON THIS day of , 1989, by the
following vote:
AYES:
NOES:
ABSENT:
ATTEST:
City Clerk
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Records Section personnel shall route a copy of all DUI related
arrest reports to the Cost Recovery Program Coordinator.
REVIEW PROCEDURE
The Cost Recovery Program Coordinator will review all DUI arrest
reports. Potential cost recovery cases are identified based upon
the following guidelines:
A. Under the influence of an alcoholic beverage or any drug.
1 . Objective symptoms observed by officer.
2. Chemical tests above the legal limit of 0. 10 percent, or
tested positive for drugs, or refused to submit to a
chemical test.
B. Negligent operation of a motor vehicle.
1 . Accident involving DUI driver.
2. DUI driver committed hazardous moving violation as
defined in the California Vehicle Code, Division 11
violation.
C. Proximately causes any incident.
1 . Accident caused by actions of DUI driver.
2. Hazardous moving violation caused by DUI driver
( speeding, failure to stop for red light, speed contest,
etc. ) .
D. Appropriate emergency response.
Use of emergency equipment by Police or Fire units
(activation of emergency lights and/or siren) .
E. Intentionally wrongful conduct (while operating a motor
vehicle) .
1 . Conduct intended to injure another person or property.
2. Evading arrest where there was conduct intended to
injure another or property.
3. Pursuits involving the ramming or attempt to ram police
vehicles or property.
BILLING AND SMALL CLAIMS PROCEDURES
A. The Cost Recovery Program Coordinator will do the following:
1 . Determine police costs associated with the DUI incident
utilizing the fee structure as approved by the City
Council.
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2. Coordinate cost estimates from the Fire Department
documenting their costs associated with the incident to insure
that the combined billings of Police and Fire Departments does
not exceed legal limits.
3 . Ensure the District Attorney' s Office has filed a criminal
complaint against the defendant.
4. Complete the Cost Recovery Program Time Sheet, certify
that the information on the form is true and correct and
forward the form to the Finance Department Billing
Coordinator.
5. A copy of the form will be maintained in the Police
Department files.
B. The Finance Department Billing Coordinator will institute a
billing procedure and be responsible for collection of restitution
monies.
In the event appropriate legal proceedings are necessary to
collect the charge, the Finance Department Coordinator may proceed
with a Small Claims Court action on behalf of the City of Dublin.
STATUTE OF LIMITATIONS
The Code of Civil Procedure allows a two(2 ) year statute of
limitations for the recovery of civil debts.
SUMMARY
Initial billing will not begin until an independent legal review by
the District Attorney and the presumptive chemical test results are
completed.
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POLICE SERVICES � o r�ii,
CITY OF DUBLIN •( is \\� , i •
19 -.,-'- + 82
P.O. Box 2340•Dublin,CA 94568•(415)829-0566
COST RECOVERY PROGRAM - TIME SHEET -- 4/10‘1�"l�
REPORT NUMBER DEFENDANT
ARRESTING OFFICER ADDRESS
-DATE OF OFFENSE CITY & ZIP- '
BLOOD ALCOHOL PFN
OFFICER NAMES START TIME FINISH." TOTAL MINUTES TASKS PERFORMED
FIRE DEPARTMENT INVOLVED? Yes No
DATE: -
FROM: Jim Estes, Sergeant
TO: Phil Molina, Finance Director
The individual listed above was arrested for driving under. the
influence. of alcohol .and/or drugs. The driving resulted in an
incident which results in an appropriate emergency response by Police
. Services. Please issue a bill for the amount specified, to this
individual, pursuant to Government Code Section 53150 et seq, which
allows public agencies to recover costs related to incident response.
Total Police Person Minutes: x Rate: $ = Billable Amount:
I certify under penalty of perjury that the foregoing is a true and
correct copy (Sec. 2015.5 C.C.P. )
• Jim Estes,. Sergeant .
A Contract Service of Alameda County Sheriff's Derm-tmtnt