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

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Amended  IN  Assembly  April 08, 1999

CALIFORNIA LEGISLATURE— 1999–2000 REGULAR SESSION

Assembly Bill
No. 876

Introduced  by  Assembly Member Maldonado

February 25, 1999

An act to amend Section 77003 of the Government Code, relating to trial court funding. An act to amend Section 4750 of the Penal Code, relating to reimbursement for trials.


LEGISLATIVE COUNSEL'S DIGEST


AB 876, as amended, Maldonado. Trial court funding: court operations Trials: sexually violent predators: reimbursement.
Existing law provides for reimbursement to a city or county for reasonable and necessary costs connected with state prisons or prisoners in connection with specified crimes, hearings, trials, proceedings, or events. Existing law also provides for the civil commitment to the State Department of Mental Health of persons in the custody of the Department of Corrections determined to be sexually violent predators, prior to such a person’s scheduled date for release from prison.
This bill would additionally provide for reimbursement of any costs incurred by a city or county resulting from annual trials of sexually violent predators, as defined, in order to continue the civil commitment of those persons.

Existing law, the Brown-Presley Trial Court Funding Act, provides for state reimbursement for the cost of court operations, as defined.

This bill would expand the definition of court operations to include all county costs incurred with respect to annual trials conducted in order to continue the commitment of sexually violent predators.

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

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


SECTION 1.

Section 77003 of the Government Code

Section 4750 of the Penal Code is amended to read:

4750.
 (a) A 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.
(b) 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.

is amended to read:

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.