Today's Law As Amended


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AB-2473 Court security.(2011-2012)



As Amends the Law Today


SECTION 1.

 Section 69922 of the Government Code is amended to read:

69922.
 (a)  Except as otherwise provided by law, whenever required, the sheriff shall attend all superior court sessions held within his or her county. A sheriff shall attend a noncriminal, nondelinquency action, however, only if the presiding judge or his or her designee makes a determination that the attendance of the sheriff at that action is necessary for reasons of public safety. The court may use court attendants in courtrooms hearing those noncriminal, nondelinquency actions. Notwithstanding any other law, the presiding judge or his or her designee may provide that a court attendant take charge of a jury, as provided in Sections 613 and 614 of the Code of Civil Procedure. The sheriff shall obey all lawful orders and directions of all courts held within his or her county.
(b) Subject to the memorandum of understanding described in subdivision (b) of Section 69926, the court security services provided by the sheriff may include, but shall not be limited to, all of the following:
(1) Bailiff functions, as defined in Sections 830.1 and 830.36 of the Penal Code, in criminal and noncriminal actions, including, but not limited to, attending court.
(2) Taking charge of a jury, as provided in Sections 613 and 614 of the Code of Civil Procedure.
(3) Patrolling hallways and other areas within court facilities.
(4) Overseeing and escorting prisoners in holding cells within court facilities.
(5) Providing security screening within court facilities.
(6) Providing enhanced security for judicial officers and court personnel.

SEC. 2.

 Section 69926 of the Government Code is amended to read:

69926.
 (a) This section applies to the superior court and the sheriff or marshal’s department  in those counties in which the sheriff’s department provides court security services. either of the following apply: 
(1) The sheriff’s department was otherwise required by law to provide court security services on and after July 1, 1998.
(2) Court security was provided by the marshal’s office on and after July 1, 1998, the marshal’s office was subsequently abolished and succeeded by the sheriff’s department, and the successor sheriff’s department is required to provide court security services as successor to the marshal.
(b) (1)  The sheriff, with the approval and authorization of the board of supervisors, shall, on behalf of the county,  superior court and the sheriff or marshal shall  enter into an annual or multiyear memorandum of understanding with the superior court specifying an agreed-upon  specifying the agreed upon  level of court security services and any other agreed-upon governing or operating procedures. The memorandum of understanding and the court security plan may be included in a single document. services, cost of services, and terms of payment. 
(2) As agreed upon by the superior court and the sheriff, the court security services provided by the sheriff may include, but shall not be limited to, all of the following:
(A) Performing bailiff functions.
(B) Taking charge of a jury, as provided in Sections 613 and 614 of the Code of Civil Procedure.
(C) Patrolling hallways and other areas within court facilities.
(D) Overseeing prisoners in holding cells within court facilities.
(E) Escorting prisoners to and from holding cells within court facilities.
(F) Providing security screening within court facilities.
(G) Providing enhanced security for judicial officers and court personnel.
(H) Providing security in areas adjacent to a courthouse facility to the extent necessary to protect the safety of both the facility and the judicial officers, court personnel, and other people using the facility.
(3) The cost of services specified in the memorandum of understanding shall be based on the estimated average cost of salary and benefits for equivalent personnel classifications in that county, not including overtime pay. In calculating the average cost of benefits, only those benefits listed in paragraph (6) of subdivision (a) of Section 69927 shall be included. For purposes of this article, “benefits” excludes any item not expressly listed in this subdivision, including, but not limited to, any costs associated with retiree health benefits. As used in this subdivision, retiree health benefits includes, but is not limited to, the current cost of health benefits for already retired personnel and any amount to cover the costs of future retiree health benefits for either currently employed or already retired personnel.
(c) The sheriff or marshal shall provide information as identified in the contract law enforcement template by April 30 of each year to the superior court in that county, specifying the nature, extent, and basis of the costs, including negotiated or projected salary increases of court law enforcement services that the sheriff proposes to include in the budget of the court security program for the following state budget year. Actual court security allocations shall be subject to the approval of the Judicial Council and the funding provided by the Legislature. It is the intent of the Legislature that proposed court security expenditures submitted by the Judicial Council to the Department of Finance for inclusion in the Governor’s Budget shall be as defined in the contract law enforcement template.
(c) (d)  If the superior court and the sheriff or marshal  are unwilling or unable to enter into an agreement pursuant to this section at least 30 days before the expiration date of an existing memorandum of understanding, or if there is a dispute regarding the administration or level of services and equipment being provided under this article, the superior court, sheriff, and county shall meet and confer. The superior court shall designate a representative with authority to resolve the dispute, who shall meet and confer with representatives designated by the sheriff and county who have the authority to negotiate a resolution and recommend the resolution to the board of supervisors. The meeting shall occur within five business days of any party requesting that meeting. on or before August 1 of any fiscal year, the court or sheriff or marshal may request the continuation of negotiations between the superior court and the sheriff or marshal for a period of 45 days with mediation assistance, during which time the previous law enforcement services agreement shall remain in effect. Mutually agreed upon mediation assistance shall be determined by the Administrative Director of the Courts and the president of the California State Sheriffs’ Association. 
(d) If the meeting described in subdivision (c) does not result in a recommended resolution to the dispute, the presiding judge of the court, the sheriff, or the chair of the board of supervisors may request the assistance of the Administrative Director of the Courts, the President of the California State Sheriffs’ Association, and the President of the California State Association of Counties. Within 10 business days of the request, the representatives of the superior court, the sheriff, and the county involved in the dispute shall meet to discuss the dispute with the Administrative Office of the Courts, the California State Sheriffs’ Association, and the California State Association of Counties. The representatives of the superior court, the sheriff, and the county attending the meeting shall have the authority to negotiate a resolution on behalf of their respective principals. Any recommended resolution shall be approved by the board of supervisors, consistent with subdivision (b).
(e) The Judicial Council shall, by rule of court, establish a process that, notwithstanding any other law, expeditiously and finally resolves disputes that are not settled in the meeting process described in subdivision (d). The rule of court shall do all of the following:
(1) Provide a process for parties to submit disputes.
(2) Provide for the assignment of a justice who is not from the court of appeal district in which the county, the superior court, and the sheriff are located.
(3) Provide an expedited process for hearing these matters in a venue convenient to the parties and assigned justice.
(4) Provide that the justice shall hear the petition and issue a decision on an expedited basis.
(5) Provide a process for an appeal of the decision issued under paragraph (4). The appeal shall be heard in a court of appeal district other than the one in which the county, the superior court, and the sheriff are located.
(f) The terms of a memorandum of understanding shall remain in effect, to the extent consistent with this article, and the sheriff shall continue to provide court security as required by this article, until the parties enter into a new memorandum of understanding.