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AB-2625 Courts: notification system.(2023-2024)

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Date Published: 04/11/2024 09:00 PM
AB2625:v97#DOCUMENT

Amended  IN  Assembly  April 11, 2024
Amended  IN  Assembly  March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2625


Introduced by Assembly Member Bryan

February 14, 2024


An act to add Chapter 16 (commencing with Section 1425) to Title 10 of Part 2 of the Penal Code, relating to criminal justice.


LEGISLATIVE COUNSEL'S DIGEST


AB 2625, as amended, Bryan. Courts: notification system.
The California Constitution vests the judicial power of the state in the Supreme Court, courts of appeal, and superior courts, and establishes the Judicial Council to, among other things, adopt rules of court and perform functions prescribed by statute.
This bill would require each county to develop a court reminder program that allows a superior court, county defense agency or contractor, pretrial services provider, or a community-based organization to send a text message to notify defendants of scheduled court appearances, as specified. The bill would require the arresting law enforcement agency to request a cellular telephone number of a person accused of a criminal offense upon citation or booking for the purpose of receiving court notifications and to transmit that number to the relevant agency managing the court reminder program in their jurisdiction. The bill would require the arresting law enforcement agency to dispose of the cellular telephone number after transmission to the relevant agency if there is no other legally mandated requirement to retain it. The bill would prohibit law enforcement agencies and the courts from using contact information collected solely through this program for any purpose other than for court date reminders. By imposing a new duty on local law enforcement agencies, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Chapter 16 (commencing with Section 1425) is added to Title 10 of Part 2 of the Penal Code, to read:
CHAPTER  16. Statewide Court Notification System

1425.
 (a) Each county shall develop a court reminder program that allows a superior court, county defense agency or contractor, pretrial services provider, or a community-based organization to send a text message to notify defendants of scheduled court appearances. The purposes of the program shall include all of the following:
(1) Reducing costs associated with defendants who fail to appear for a scheduled court appearance.
(2) Improving the efficiency of courts in this state.
(3) Reminding defendants to appear at each scheduled court appearance.
(4) Reducing the number of defendants who are confined in a county jail due solely to the defendant’s failure to appear for a scheduled court appearance.
(b) The program shall do all of the following:
(1) Be available to all persons enrolled at no cost.
(2) Provide text message reminders to all persons enrolled about their arraignment and all subsequent court appearances at least one week prior, three days prior, and one day prior to the hearing, if they have access to a device with the technological capability of receiving text messages and provide an operational telephone number for the device. Additional reminders may also be provided via email or other methods.
(3) Automatically enroll all persons arrested who provide a telephone number.
(4) Send a message that accompanies the initial reminder regarding the arraignment that informs the person of the program and provides them an option to opt out.
(5) Include the technological capability to provide additional information to defendants concerning scheduled court appearances, including the location of the court appearance, available transportation options, and procedures for defendants who are unable to attend court appearances.
(6) Provide a publicly available internet website through which defendants may request text reminders, update their telephone number or other contact information, and update language preferences.
(7) Make reminders available in the state’s threshold languages.
(c) The arresting law enforcement agency shall request a cellular telephone number of a person accused of a criminal offense for the purpose of receiving court notifications upon citation or booking and shall transmit the number to the relevant agency managing the court reminder program in their jurisdiction. jurisdiction and then dispose of the cellular telephone number if there is no other legally mandated requirement to retain it.
(d) Refusal to provide a telephone number to the law enforcement agency shall not be held against a defendant for any purpose.
(e) (1) Contact information collected solely through this program shall not be used by law enforcement agencies or the courts for any purpose other than for court date reminders.
(2) Records generated by this program, including any contact information for the defendant, may not be used for any purpose other than for court date reminders.
(f) For purposes of this section, the term “threshold languages” means a language identified as the primary language, as indicated in the Medi-Cal Eligibility Data System, of 3,000 beneficiaries or 5 percent of the beneficiary population, whichever is lower, in an identified geographic area.

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.