Administration of Justice update 7/25/2014
Criminal Procedure: Video Appearances
AB 2397 (Frazier) – Support
Chapter No. 167, Statutes of 2014
AB 2397, by Assembly Member Jim Frazier, authorizes increased use of video technology for inmate court appearances. The bill, signed into law earlier this week, was co-sponsored by the California State Sheriffs’ Association and the Chief Probation Officers of California.
Specifically, the bill would authorize a defendant who does not wish to be personally present for noncritical portions of trial to submit an oral waiver in open court prior to the proceeding, or submit a written request to the court and would allow the court to grant the request in its discretion. Further, if the defendant is represented by counsel, the bill provides that a defendant’s attorney shall not be required to be personally present with the defendant for noncritical portions of the trial if the audio video conferencing system or other technology allows for private communication between the defendant and the attorney. Finally, the bill makes legislative findings making it clear that the bill does not expand or limit the right of a defendant to be personally present with his or her counsel at a particular proceeding as required by the California Constitution.
This bill has the potential to reduce costs associated with various judicial hearings and specified proceedings for local law enforcement without limiting inmate access to due process under the law.
Court Witnesses: Local Agency Employees
AB 2727 (Frazier) – Support
Chapter No. 170, Statutes of 2014
AB 2727, by Assembly Member Jim Frazier, increases the deposit amount paid to local public agencies when an employee is subpoenaed to appear as a witness in civil litigation. Earlier this week, the Governor signed this measure into law.
Specifically, this bill increases the amount that a party must pay to a local agency for each day an employee is required to remain in attendance and participate in court-related activities pursuant to a civil subpoena issued at the party’s request. The current deposit amount under existing law is $125 dollars per day. AB 2727 would increase this amount to $275 dollars per day.
Collections-Related Legislation
CSAC has compiled a list of collections-related legislation, with a brief summary of each measure, and notations on current status. Please provide any feedback on measures of interest. We are asking counties to examine to provisions of AB 2724 in particular.
Bill no. (author) |
Description |
Status |
AB 2085 (Fox) |
Would authorize (but not require) a court and county to jointly pursue an amnesty program during the 12-month period of January 1 – December 1, 2016. Eligible participants with specified infractions and misdemeanor Vehicle Code violations would pay 50% of fine or bail owed. CSAC raised concerns about effectiveness of individual jurisdiction vs. statewide amnesty program and regarding the timing following a recently completed 2012 program. |
Bill died; failed to secure passage out of Assembly Appropriations Committee. |
AB 2332 (Wieckowski) |
Would restrict trial courts’ use of contracts for personal services beginning with contracts entered into or renewed as of January 1, 2015, as specified. Contracts for services currently or customarily performed by trial court employees, (must thereafter: a) Demonstrate actual savings compared to the court’s actual costs of providing the same services; b) Not be approved solely because of savings from lower contractor pay rates or benefits. c) Not cause loss of an existing employee’s job, seniority, a reduction in wages or benefits, or an involuntary transfer. d) Be awarded through a competitive bidding process and limited to a five-year duration. Would also require disclosure of certain financial information as well as impose audit requirements. Specifically exempts a contract between trial courts or between a court and a local government agency. Similar to AB 566 (Wieckowski) of 2013. |
Bill in Senate Appropriations Committee |
AB 2645 (Dababneh) CHAPTERED |
Would require a court transferring a probation or mandatory supervision case to another county to determine the amount of victim restitution before the transfer is made |
Signed by Governor (Chapter 111, Statutes of 2014) |
AB 2724 (Bradford) |
Would provide that the ability to pay a fine is not a prerequisite to filing a request that the court vacate a civil assessment, and that an agreement to pay a fine in installments or perform community service in lieu of paying a fine is sufficient for the court to request that the hold on the defendant’s driver’s license be lifted |
Bill in the Senate Appropriations Committee |
SB 419 (Block) |
Would refine and further clarify the authority of local collection programs and agencies designated by a county board of supervisors to collect restitution from inmates that have either: (1) completed their sentence in county jail; have been sentenced to post-release community supervision; or (2) been sentenced to mandatory supervision; or (3) completed diversion . The bill also would clarify that restitution orders for these populations are fully enforceable by the California Victim Compensation and Government Claims Board. Would amend Penal Code Sections 1214 and 2085.5 |
Bill in the Assembly Appropriations Committee |
SB 1197 (Pavley) |
Would provide for the collection and distribution of restitution and restitution fines when a defendant is released on post release community supervision (PRCS) community supervision, or mandatory supervision. Requires a county electing to collect restitution fines and orders to coordinate efforts with Franchise Tax Board. Would amend Penal Code Sections 1203c and 3453 and add new Section 2085.6; would amend Rev and Tax Code Section 19280 |
In Assembly awaiting action by full house. |