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AB-1737 Courts: unexpended funds.(2019-2020)

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Date Published: 03/26/2019 09:00 PM
AB1737:v98#DOCUMENT

Amended  IN  Assembly  March 26, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1737


Introduced by Assembly Member Obernolte

February 22, 2019


An act to amend Sections 243.9 and 4501.1 of the Penal Code, and to amend Section 1768.85 of the Welfare and Institutions Code, relating to correctional facilities. An act to amend Section 68502.5 of, and to repeal and add Section 77203 of, the Government Code, relating to courts.


LEGISLATIVE COUNSEL'S DIGEST


AB 1737, as amended, Obernolte. Prisons and jails: assaults on staff. Courts: unexpended funds.
Existing law requires the Judicial Council to adopt a budget and allocate funding for trial courts. Existing law requires the Judicial Council, when allocating funding to trial courts, to set a preliminary allocation, as specified. Existing law requires the Judicial Council to hold in reserve specified funds to be available to trial courts for emergencies, and to administer those funds, as specified. Existing law requires the Judicial Council to annually report to the Legislature regarding the use of those funds.
This bill would delete the requirement that the Judicial Council set preliminary allocations, hold in reserve funds, and report to the Legislature regarding the use of those funds.
Existing law authorizes a trial court to carry over unexpended funds in an amount not to exceed 1% of the court’s operating budget from the prior fiscal year. Existing law exempts certain funds from the calculation of the 1% authorized to be carried over from the prior fiscal year.
This bill would repeal the 1% limitation described above, and, instead, would allow the Judicial Council to authorize a trial court to carry unexpended funds over from one fiscal year to the next.

Existing law provides that every person confined in the state prison, a local detention facility, or a facility of the Division of Juvenile Justice, who commits a battery upon any peace officer or employee of that facility by gassing, which is throwing of any human excrement, bodily fluids or substances or any mixture thereof at a person, is guilty of a felony. Existing law prescribes certain procedures to be followed by a correctional facility in cases involving gassing, including the preservation and forensic testing of the substance to confirm the presence of excrement of other bodily fluids or substances.

This bill would instead authorize, but not require, the testing of the substance, if, in consultation with the local district attorney, that testing is necessary to obtain sufficient evidence to prosecute the offense.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 68502.5 of the Government Code is amended to read:

68502.5.
 (a) The Judicial Council may, as part of its trial court budget process, seek input from groups and individuals as it deems appropriate, including, but not limited to, advisory committees and the Administrative Director of the Courts. The trial court budget process may include, but is not limited to, the following:
(1) The receipt of budget requests from the trial courts.
(2) The review of the trial courts’ budget requests and evaluate them against performance criteria established by the Judicial Council by which a court’s performance, level of coordination, and efficiency can be measured.
(3) The annual adoption of the projected cost in the subsequent fiscal year of court operations operations, as defined in Section 77003 77003, for each trial court. This estimation shall serve as a basis for recommended court budgets, which shall be developed for comparison purposes and to delineate funding responsibilities.
(4) The annual approval of a schedule for the allocation of moneys to individual courts and an overall trial court budget for forwarding to the Governor for inclusion in the Governor’s proposed State Budget. The schedule shall be based on the performance criteria established pursuant to paragraph (2), on a minimum standard established by the Judicial Council for the operation and staffing of all trial court operations, and on any other factors as determined by the Judicial Council. This minimum standard shall be modeled on court operations using all reasonable and available measures to increase court efficiency. The schedule of allocations shall assure ensure that all trial courts receive funding for the minimum operating and staffing standards before funding operating and staffing requests above the minimum standards, and shall include incentives and rewards for any trial court’s implementation of efficiencies and cost saving measures.
(5) The reallocation of funds during the course of the fiscal year to ensure equal access to the trial courts by the public, to improve trial court operations, and to meet trial court emergencies. Neither the state nor the counties shall have any obligation to replace moneys appropriated for trial courts and reallocated pursuant to this paragraph.
(6) The allocation of funds in the State Trial Court Improvement and Modernization Fund to ensure equal access to trial courts by the public, to improve trial court operations, and to meet trial court emergencies, as expressly authorized by statute.
(7) Upon approval of the trial courts’ budget by the Legislature, the preparation during the course of the fiscal year of allocation schedules for payments to the trial courts, consistent with Section 68085, which shall be submitted to the Controller’s office at least 15 days before the due date of any allocation.
(8) The establishment of rules regarding a court’s authority to transfer trial court funding moneys from one functional category to another in order to address needs in any functional category.
(9) At the request of the presiding judge of a trial court, an independent review of the funding level of the court to determine whether it is adequate to enable the court to discharge its statutory and constitutional responsibilities.
(10) From time to time, a review of the level of fees charged by the courts for various services and prepare recommended adjustments for forwarding to the Legislature.
(11) Provisions set forth in rules adopted pursuant to Section 77206.
(b) Courts and counties shall establish procedures to allow for the sharing of information as it relates to approved budget proposals and expenditures that impact the respective court and county budgets. The procedures shall include, upon the request of a court or county, that a respective court or county shall provide the requesting court or county a copy of its approved budget and, to the extent possible, approved program expenditure component information and a description of budget changes that are anticipated to have an impact on the requesting court or county. The Judicial Council shall provide to the Legislature on December 31, 2001, and yearly thereafter, budget expenditure data at the program component level for each court.

(c) (1) The

(c) The Judicial Council shall retain the ultimate responsibility to adopt a budget and allocate funding for the trial courts and perform the other activities listed in subdivision (a) that best assure ensure their ability to carry out their functions, promote implementation of statewide policies, and promote the immediate implementation of efficiencies and cost saving measures in court operations, in order to guarantee equal access to the courts.

(2)(A)When setting the allocations for trial courts, the Judicial Council shall set a preliminary allocation in July of each fiscal year. The preliminary allocation shall include an estimate of available trial court reserves as of June 30 of the prior fiscal year and each court’s preliminary allocation shall be offset by the amount of reserves in excess of the amount authorized to be carried over pursuant to subdivision (b) of Section 77203. In January of each fiscal year, after review of available trial court reserves as of June 30 of the prior fiscal year, the Judicial Council shall finalize allocations to trial courts and each court’s finalized allocation shall be offset by the amount of reserves in excess of the amount authorized to be carried over pursuant to subdivision (b) of Section 77203.

(B)The Judicial Council shall hold a reserve of ten million dollars ($10,000,000) in the Trial Court Trust Fund to be available to trial courts for emergencies. The funding shall be administered by the Judicial Council, and any funding allocated shall be replenished on an annual basis from the trial court base allocations. The Judicial Council shall establish a process for trial courts to apply for emergency funding.

(C)The Judicial Council shall, no later than October 1 of each year, report to the Legislature, pursuant to Section 9795, and to the Department of Finance all requests and allocations made pursuant to subparagraph (B) for the preceding year.

SEC. 2.

 Section 77203 of the Government Code is repealed.
77203.

(a)Prior to June 30, 2014, a trial court may carry over all unexpended funds from the courts operating budget from the prior fiscal year.

(b)Commencing June 30, 2014, a trial court may carry over unexpended funds in an amount not to exceed 1 percent of the court’s operating budget from the prior fiscal year. The calculation of the 1 percent authorized to be carried over from the previous fiscal year shall not include funds received by the court pursuant to the following:

(1)Section 470.5 of the Business and Professions Code.

(2)Section 116.230 of the Code of Civil Procedure, except for those funds transmitted to the Controller for deposit in the Trial Court Trust Fund pursuant to subdivision (h) of that section.

(3)Subdivision (f) of Section 13963, Sections 26731, 66006, 68090.8, 70640, 70678, and 76223, subdivision (b) of Section 77207.5, and subdivision (h) of Section 77209.

(4)The portion of filing fees collected for conversion to micrographics pursuant to former Section 26863, as that section read immediately before its repeal, and Section 27361.4.

(5)Sections 1027 and 1463.007, subdivision (a) of Section 1463.22, and Sections 4750 and 6005, of the Penal Code.

(6)Sections 11205.2 and 40508.6 of the Vehicle Code.

SEC. 3.

 Section 77203 is added to the Government Code, to read:

77203.
 The Judicial Council may authorize a trial court to carry unexpended funds over from one fiscal year to the next.

SECTION 1.Section 243.9 of the Penal Code is amended to read:
243.9.

(a)Every person confined in any local detention facility who commits a battery by gassing upon the person of any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or employee of the local detention facility is guilty of aggravated battery and shall be punished by imprisonment in a county jail or by imprisonment in the state prison for two, three, or four years.

(b)For purposes of this section, “gassing” means intentionally placing or throwing, or causing to be placed or thrown, upon the person of another, any human excrement or other bodily fluids or bodily substances or any mixture containing human excrement or other bodily fluids or bodily substances that results in actual contact with the person’s skin or membranes.

(c)The person in charge of the local detention facility shall use every available means to immediately investigate all reported or suspected violations of subdivision (a), which may include the use of forensically acceptable means of preserving and testing the suspected gassing substance to confirm the presence of human excrement or other bodily fluids or bodily substances, if that testing, in consultation with the local district attorney, is deemed necessary to obtain sufficient evidence to prosecute the offense. If there is probable cause to believe that the inmate has violated subdivision (a), the chief medical officer of the local detention facility, or their designee, may, when deemed medically necessary to protect the health of an officer or employee who may have been subject to a violation of this section, order the inmate to receive an examination or test for hepatitis or tuberculosis or both hepatitis and tuberculosis on either a voluntary or involuntary basis immediately after the event, and periodically thereafter as determined to be necessary by the medical officer in order to ensure that further hepatitis or tuberculosis transmission does not occur. These decisions shall be consistent with an occupational exposure as defined by the Center for Disease Control and Prevention. The results of any examination or test shall be provided to the officer or employee who has been subject to a reported or suspected violation of this section. Nothing in this subdivision shall be construed to otherwise supersede the operation of Title 8 (commencing with Section 7500). Any person performing tests, transmitting test results, or disclosing information pursuant to this section shall be immune from civil liability for any action taken in accordance with this section.

(d)The person in charge of the local detention facility shall refer all reports for which there is probable cause to believe that the inmate has violated subdivision (a) to the local district attorney for prosecution.

(e)Nothing in this section shall preclude prosecution under both this section and any other provision of law.

SEC. 2.Section 4501.1 of the Penal Code is amended to read:
4501.1.

(a)Every person confined in the state prison who commits a battery by gassing upon the person of any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or employee of the state prison is guilty of aggravated battery and shall be punished by imprisonment in a county jail or by imprisonment in the state prison for two, three, or four years. Every state prison inmate convicted of a felony under this section shall serve the term of imprisonment as prescribed in Section 4501.5.

(b)For purposes of this section, “gassing” means intentionally placing or throwing, or causing to be placed or thrown, upon the person of another, any human excrement or other bodily fluids or bodily substances or any mixture containing human excrement or other bodily fluids or bodily substances that results in actual contact with the person’s skin or membranes.

(c)The warden or other person in charge of the state prison shall use every available means to immediately investigate all reported or suspected violations of subdivision (a), which may include the use of forensically acceptable means of preserving and testing the suspected gassing substance to confirm the presence of human excrement or other bodily fluids or bodily substances, if that testing, in consultation with the local district attorney, is deemed necessary to obtain sufficient evidence to prosecute the offense. If there is probable cause to believe that the inmate has violated subdivision (a), the chief medical officer of the state prison or their designee, may, when deemed medically necessary to protect the health of an officer or employee who may have been subject to a violation of this section, order the inmate to receive an examination or test for hepatitis or tuberculosis or both hepatitis and tuberculosis on either a voluntary or involuntary basis immediately after the event, and periodically thereafter as determined to be necessary by the medical officer in order to ensure that further hepatitis or tuberculosis transmission does not occur. These decisions shall be consistent with an occupational exposure as defined by the Center for Disease Control and Prevention. The results of any examination or test shall be provided to the officer or employee who has been subject to a reported or suspected violation of this section. Nothing in this subdivision shall be construed to otherwise supersede the operation of Title 8 (commencing with Section 7500). Any person performing tests, transmitting test results, or disclosing information pursuant to this section shall be immune from civil liability for any action taken in accordance with this section.

(d)The warden or other person in charge of the state prison shall refer all reports for which there is probable cause to believe that the inmate has violated subdivision (a) to the local district attorney for prosecution.

(e)Nothing in this section shall preclude prosecution under both this section and any other provision of law.

SEC. 3.Section 1768.85 of the Welfare and Institutions Code is amended to read:
1768.85.

(a)Every person confined under the jurisdiction of the Division of Juvenile Justice who commits a battery by gassing upon the person of any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or employee of the institution is guilty of aggravated battery and shall be punished by imprisonment in a county jail or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.

(b)For purposes of this section, “gassing” means intentionally placing or throwing, or causing to be placed or thrown, upon the person of another, any human excrement or other bodily fluids or bodily substances or any mixture containing human excrement or other bodily fluids or bodily substances that results in actual contact with the person’s skin or membranes.

(c)The person in charge of the institution under the jurisdiction of the Division of Juvenile Justice shall use every available means to immediately investigate all reported or suspected violations of subdivision (a), which may include the use of forensically acceptable means of preserving and testing the suspected gassing substance to confirm the presence of human excrement or other bodily fluids or bodily substances, if that testing, in consultation with the local district attorney, is deemed necessary to obtain sufficient evidence to prosecute the offense. If there is probable cause to believe that a ward has violated subdivision (a), the chief medical officer of the institution under the jurisdiction of the Division of Juvenile Justice, or their designee, may, when deemed medically necessary to protect the health of an officer or employee who may have been subject to a violation of this section, order the ward to receive an examination or test for hepatitis or tuberculosis or both hepatitis and tuberculosis on either a voluntary or involuntary basis immediately after the event, and periodically thereafter as determined to be necessary by the medical officer in order to ensure that further hepatitis or tuberculosis transmission does not occur. These decisions shall be consistent with an occupational exposure as defined by the Center for Disease Control and Prevention. The results of any examination or test shall be provided to the officer or employee who has been subject to a reported or suspected violation of this section. Nothing in this subdivision shall be construed to otherwise supersede the operation of Title 8 (commencing with Section 7500). Any person performing tests, transmitting test results, or disclosing information pursuant to this section shall be immune from civil liability for any action taken in accordance with this section.

(d)The person in charge of the institution under the jurisdiction of the Division of Juvenile Justice shall refer all reports for which there is probable cause to believe that the inmate has violated subdivision (a) to the local district attorney for prosecution.

(e)Nothing in this section shall preclude prosecution under both this section and any other provision of law.