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County attorney says diversion funds are legally limited; office won't use them for salaries
Summary
The county attorney told commissioners that diversion-program receipts may be used only for limited items such as training and cannot be used to pay salaries; the attorney said prior practice included larger diversion fees that may have been collected improperly.
At the budget work session the county attorney described statutory limits on the use of diversion funds and said the office will not use those funds to supplement salaries or provide bonuses.
“The statute ... it's very specific what you can collect, and what you can do with those funds. And I can't use it to supplement my budget,” the county attorney said. The attorney said diversion-related receipts are generally limited to application fees and court-cost items and that statute allows use for training purposes but not for salary or to offset regular budget appropriations.
The attorney said a predecessor had included a separate diversion fee, often about $1,500, in agreements; the county attorney says the statute caps any diversion fee at $100 and that, if a diversion fee is imposed, the county commission must establish a victims’ group or mechanism for those funds to be returned or allocated for victims. “I've been waiving them in previous agreements because I think they were collected improperly,” the county attorney said.
What commissioners asked and what remains open: Commissioners asked how much money currently sits in the diversion accounts; the county attorney said no new monies have been added recently and that an audit will determine what portions must be remitted to the state, paid to victims or retained for allowable purposes. “The audit's gonna say this of all the money in these accounts, this is what needs to be sent to the state. This is what needs to be sent to victims,” the county attorney said.
Discussion versus action: the session recorded discussion and requests for an audit; no formal action or change in county policy on diversion fees was approved during the meeting.
Next steps: the county attorney said she will consult with the disciplinary administrator or other oversight officials to determine the proper disposition of previously collected diversion fees and the office will not count on those funds as a predictable revenue source for salaries or recurring expenses.
