Administration of Justice 10/04/2014
Judgment Interest Rate
AB 748 (Eggman) – Support
Chapter No. 395, Statutes of 2013
Governor Brown signed AB 748 into law this week. This measure, by
Assembly Member Susan Talamantes Eggman, amends the current
calculation of the judicial interest rate charged to public
entities. This bill was sponsored by the Urban Counties Caucus
and supported by CSAC, various counties, and other
groups.
Today, the interest rate for claims against public entities is 7
percent. By way of comparison, the interest rate on federal
judgments is indexed to a Treasury yield, which currently sits at
less than 1 percent. At a time of historically low interest
rates, CSAC believes it is quite appropriate to revise the
mechanism by which interest rates on claims are calculated. We
are grateful for the leadership of UCC in sponsoring this measure
and for the contributions many individual counties and other
groups made in advancing AB 748 through the process.
AB 748 specifies that for any tax or fee claim that results in a
judgment against a public entity, the judicial interest rate
would be set at the weekly average one-year constant maturity
U.S. Treasury yield. Further, the measure provides that for
post-interest judgments, the rate on the claim would be the U.S.
Treasury yield plus 2 percent. The bill ensures that in no case
would the calculation exceed the existing rate of 7 percent
annually. AB 748 maintains current law requiring local
governments to pay claims promptly. We are gratified that the
Governor signed the bill into law.
Identity Theft
AB 1149 (Campos) – Oppose
Chapter No. 395, Statutes of 2013
AB 1149, by Assembly Member Nora Campos, imposes notification
requirements on local agencies if unauthorized persons access
specified personal information. The bill was amended late in the
legislative session to avoid chaptering out provisions – meaning
it now also incorporates changes to the same section of law made
by another bill (SB 46, by Senator Ellen Corbett, also recently
signed into law).
CSAC – as part of a broad coalition of public agency advocacy
groups – opposed AB 1149 for fiscal and operational reasons,
primarily related to (1) associated workload and expenditures and
(2) a concern over the precedent that local governments – after
some 35 years of being expressly exempt from its provisions –
would be subject to a portion of the Information Practices Act
(IPA).
The practical effect of double joining AB 1149 to SB 46 is that
it may increase the scope of potential workload associated with
the breach notification requirements in AB 1149. SB 46 on
its own does not impose any new duties on local governments; it
merely expands the definition of “personally identifiable
information” to include the user name, password, and security
questions – meaning that notification requirements apply to a
slightly expanded universe of possible breaches.
Realignment Resources
Smart Justice Videos – Highlighting County Best Practices
This week, CSAC kicked off phase two of our “Smart Justice” video
series. Earlier this year, we produced four videos showing
innovative programs and services offered in San Mateo, San
Bernardino, San Joaquin and Glenn counties to support their
realigned AB 109 population. Those videos – which feature program
administrators, staff, and participants – are all available here.
We are now expanding the series to include six additional
counties: Ventura, San Diego, Merced, Contra Costa, Marin and
Colusa. In each county, we will be taking a closer look at a
specific and unique aspect of their AB 109 plan.
We start with Ventura
County’s STEPS program that helps offenders find a job.
Every Thursday for the next several weeks, we’ll release another
in the series. San Diego County is next, with an innovative
program that helps offenders with drug and alcohol dependencies
recover and reenter society.
Our goal is to highlight AB 109 success stories, share best
practices, and encourage counties to replicate programs that are
working.
Third Annual Public Safety Realignment Conference Draft Program
Now Available; October 18 Registration Deadline Approaching
The Joint Training Partnership – composed of CSAC, the California
State Sheriffs’ Association, and the Chief Probation Officers of
California – is finalizing the program for the 3rd Annual Public
Safety Realignment conference. Planned for October 24 and 25 at
the Memorial Auditorium in Sacramento, the conference seeks to
explore strategies for integrating resources to produce maximum
public safety benefits for communities, taxpayers and
justice-involved populations. A draft agenda for the
conference and online registration are
available on line. The online registration deadline is
October 18. We strongly encourage counties and all other
interested parties to attend the event.
Presentations will highlight efforts to integrate resources
across the justice system – from the initial point of contact, to
diversion and treatment, to release and detention decisions, to
supervision and custody, to reintegration into the community.
Efforts to achieve successful outcomes will be explored
from multiple viewpoints. Topics include opportunities to
integrate resources, connecting justice-involved individuals to
services, determining impact, changing behavior, and leveraging
federal dollars for treatment. Comprehensive and holistic
approaches from across the state to minimize harm and maximize
safety will are emphasized.
The conference is designed for county supervisors, county
administrative officers, chief probation officers, sheriffs,
district attorneys, public defenders, judges, police chiefs,
health and human service providers and other system stakeholders
in California; it is open to the public.