Today's Law As Amended


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AB-1688 Developmental centers: crime.(2013-2014)



As Amends the Law Today


SECTION 1.

 Part 3 (commencing with Section 4499.01) is added to Division 4.1 of the Welfare and Institutions Code, to read:

PART 3. Crime in Developmental Centers

CHAPTER  1. Reimbursement of Local Expenses
4499.01.
 (a) A city or county shall be reimbursed for reasonable and necessary costs related to the investigation or prosecution of a crime committed by a developmental center employee against a developmental center resident.
(b) A city, county, or other jurisdiction shall not file, and the state shall not reimburse, a claim pursuant to this section that is presented to the department or to any other agency or department of the state more than six months after the close of the month in which the costs were incurred.
4499.05.
 Costs incurred by a city or county include all of the following:
(a) Costs of law enforcement agencies in connection with a matter described in Section 4499.01.
(b) Costs of participation in any trial or hearing of a matter described in Section 4499.01.
(c) Any costs incurred for providing training in the investigation or prosecution associated with a matter described in Section 4499.01.
(d) Any other costs reasonably incurred by a city or county in connection with a matter described in Section 4499.01.
4499.15.
 As used in this chapter, reasonable and necessary costs shall be based upon all operating costs, including the cost of elected officials, except superior court judges, while serving in line functions and including all administrative costs associated with providing the necessary services and securing reimbursement for those costs. Administrative costs include a proportional allowance for overhead determined in accordance with current accounting practices.
4499.20.
 (a) A city or county shall designate an officer or agency to prepare a statement of costs that shall be reimbursed under this chapter.
(b) The statement shall be sent to the Controller for approval. The Controller shall reimburse the city or county within 60 days after receipt of the statement or provide a written statement as to the reason for not making reimbursement at that time. If sufficient funds are not available, the Controller shall request the Director of Finance to include any amounts necessary to satisfy the claims in a request for a deficiency appropriation.
CHAPTER  2. Response of Local Law Enforcement
4499.50.
 A local law enforcement agency having jurisdiction over the city or county in which the developmental center is located shall respond within 24 hours of receiving an allegation that a crime has been committed by a developmental center employee against a developmental center resident.
SEC. 2.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.