Today's Law As Amended


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AB-876 Trials: sexually violent predators: reimbursement.(1999-2000)



As Amends the Law Today


Section 4750 of the Penal Code is amended to read:

4750.
 (a)  A city, county, or superior court  city or county  shall be entitled to reimbursement for reasonable and necessary costs connected with state prisons or prisoners in connection with any of the following:
(a) (1)  Any crime committed at a state prison, whether by a prisoner, employee, or other person.
With respect to a prisoner, “crime committed at a state prison” as used in this subdivision, includes, but is not limited to, crimes committed by the prisoner while detained in local facilities as a result of a transfer pursuant to Section 2910 or 6253, or in conjunction with any hearing, proceeding, or other activity for which reimbursement is otherwise provided by this section.
(b) (2)  Any crime committed by a prisoner in furtherance of an escape. Any crime committed by an escaped prisoner within 10 days after the escape and within 100 miles of the facility from which the escape occurred shall be presumed to have been a crime committed in furtherance of an escape.
(c) (3)  Any hearing on any return of a writ of habeas corpus prosecuted by or on behalf of a prisoner.
(d) (4)  Any trial or hearing on the question of the sanity of a prisoner.
(e) (5)  Any costs not otherwise reimbursable under Section 1557 or any other related provision in connection with any extradition proceeding for any prisoner released to hold.
(f) (6)  Any costs incurred by a coroner in connection with the death of a prisoner.
(g) (7)  Any costs incurred in transporting a prisoner within the host county or as requested by the prison facility or incurred for increased security while a prisoner is outside a state prison.
(h) Any crime committed by a state inmate at a state hospital for the care, treatment, and education of the mentally disordered, as specified in Section 7200 of the Welfare and Institutions Code.
(i) (b)  Commencing January 1, 2012, any nontreatment costs described in subdivision (b) of Section 4117 A city or county shall be entitled to reimbursement for reasonable and necessary costs incurred with respect to annual trials conducted pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code in order to continue the commitment of sexually violent predators, as defined in Section 6600  of the Welfare and Institutions Code.
(j) No city, county, or other jurisdiction may file, and the state may not reimburse, a claim pursuant to this section that is presented to the Department of Corrections and Rehabilitation 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.
77003.

(a)As used in this chapter, “court operations” means all of the following:

(1)Salaries, benefits, and public agency retirement contributions for superior and municipal court judges and for subordinate judicial officers. For purposes of this paragraph, “subordinate judicial officers” includes all commissioner or referee positions created prior to July 1, 1997, including positions created in the municipal court prior to July 1, 1997, which thereafter became positions in the superior court as a result of unification of the municipal and superior courts in a county, and including those commissioner positions created pursuant to Sections 69904, 70141, 70141.9, 70142.11, 72607, 73794, 74841.5, and 74908; and includes any staff who provide direct support to commissioners; but does not include commissioners or staff who provide direct support to the commissioners whose positions were created after July 1, 1997, unless approved by the Judicial Council, subject to availability of funding.

(2)The salary, benefits, and public agency retirement contributions for other court staff including all municipal court staff positions specifically prescribed by statute.

(3)Those marshals and sheriffs as the court deems necessary for court operations.

(4)Court-appointed counsel in juvenile court dependency proceedings and counsel appointed by the court to represent a minor pursuant to Chapter 10 (commencing with Section 3150) of Part 2 of Division 8 of the Family Code.

(5)Services and supplies relating to court operations.

(6)Collective bargaining under the Meyers-Milias-Brown Act or Sections 2201 to 2210, inclusive, of the California Rules of Court with respect to court employees specified in Section 3501.5.

(7)Actual indirect costs for county and city and county general services attributable to court operations, but specifically excluding, but not limited to, law library operations conducted by a trust pursuant to statute; courthouse construction; district attorney services; probation services; indigent criminal defense; grand jury expenses and operations; and pretrial release services.

(8)All county costs incurred with respect to annual trials conducted pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 1 of Division 6 of the Welfare and Institutions Code in order to continue the commitment of sexually violent predators.

(b)However, “court operations” does not include collection enhancements as defined in Rule 810 of the California Rules of Court as it read on July 1, 1996.