Administration of Justice 10/22/2010
2010-11 Budget: Trailer Bills Signed
Key Justice Provisions Contained in AB 1628 and SB 857
This week, the Governor finalized action on the 2010-11 budget
package by signing and, in one case, vetoing trailer bills. (For
a full discussion on the veto of SB 866, the mandate
securitization bill, please see the lead article of this issue.)
Our last Budget Action Bulletin detailed the components of
both the public safety trailer bill (AB 1628) and the judiciary
trailer bill (SB 857). A brief summary is also provided
below.
Key Components of Public Safety Trailer Bill (AB 1628):
- Shifts responsibility for juvenile parole responsibility to counties for all 707(b) offenders; transfer becomes effective 90 days from signing of budget trailer bill (January 17, 2011).
- Expands funding for Local Youthful Offender Rehabilitative facilities by $200 million (for a total of $300 million in construction funding); the Corrections Standards Authority will be exploring potential ways of funding distribution at its November 18 meeting.
- Contains language regarding Medicaid Waiver allowing counties operating a Coverage Expansion and Enrollment Demonstration (CEED) project to draw down federal funds for county jail inmates who receive medical attention outside the county jail; there are similar provisions for state jail inmates who receive medical services in a community hospital that also require action by the county.
- Includes provisions permitting local governments to use the design-build process for both the construction of adult and juvenile facilities, as authorized under the provisions of AB 900 (Solorio, 2007) and SB 81 (Senate Committee on Budget and Fiscal Reform, 2007), respectively.
Key Components of Judiciary Trailer Bill (SB 857):
- Enacts joint CSAC/Judicial Council-sponsored package of improvements and enhancements to assist in the collection of court-ordered debt, including all of the following:
- Strengthen existing authority and responsibility for a comprehensive collection program of delinquent court-order debt.
- Develop and implement an amnesty program (beginning 7/1/2011) for infractions.
- Clarify authority related to discharge of accountability.
- Authorize intercept on unclaimed cash property in cooperation with State Controller’s Office.
- Clarify authority for enforcing court-ordered debt beyond the 10-year period applicable to civil judgments.
- Increase flexibility for initial payment for installment plans.
- Makes needed correction to Government Code Section 76000 (e) (a section that governs the amount of surcharge that may be added to fines, penalties, and forfeitures imposed and collected by a court for criminal offenses following the transfer of court facilities);
- Provides that counties will not be penalized for audit purposes for revenue associated with a $1.50 parking penalty that – rather than being transmitted to the State Courthouse Construction Fund – was directed to a local courthouse construction fund and expended on allowable purposes as identified by statute; the provision applies only to the calendar year 2008.
- Makes a variety of other fund transfers, fee increases, and other surcharges to fund court operations in 2010-11, which include, but are not limited to:
- a $20 court security fee increase;
- a new $3 parking fee surcharge (effective December 7, 2010); and
- a transfer of funds from the State Courthouse Construction Fund, which is not expected to affect projects in the pipeline.
Trial Court Restructuring: Technical Clean-Up
California Law Revision Commission Issues Tentative
Recommendations; Public Comment Due Next Week
As noted in previous Bulletins, the California Law Revision
Commission (CLRC) is charged with, among other duties, revising
codes to reflect changes resulting from the significant
restructuring of trial court financing and governance that has
taken place over the last decade. Recently, the CLRC issued a
tentative recommendation on Trial Court Restructuring: Rights and
Responsibilities of the County as Compared to the Superior Court
(Part 1), available online here.
As counties are aware, the CLRC is keenly interested in public
comment on its recommendations. Indeed, CLRC often substantially
revises its recommendations as a result of stakeholder input. To
receive timely consideration, comments should be submitted by
Monday, October 25, 2010.
The tentative recommendation proposes revisions relating to the
following topics:
- Funding of court operations.
- Management of courts and employment of court personnel.
- Accounting by the courts.
- References to a judicial district.
- Fines, forfeitures, and deposits relating to a violation of the Alcoholic Beverage Control Act (Bus. & Prof. Code § 25762).
- Money collected relating to a failure to provide proof of responsibility for a vehicle (Penal Code § 1463.22).
CSAC urges counties to review and provide comment on the suggested changes.