CSAC Bulletin Article

Court Costs May be Eligible for Mandates Claim

June 8, 2017

The Local Government Mandates Services Working Group has recently zeroed in on a viable mandate claim triggered by case law development on youth offender parole hearings which could result in thousands of cases being remanded back to trial courts. Affected counties are encouraged to consider filing a test claim (see here for more information on the statute of limitations and other eligibility requirements).

The mandate in question initially started off as legislation which provides individuals who commit a criminal offense under the age of 18 (later increased to the age of 23) with a possibility of release after no more than 25 years of imprisonment. On its face, the legislation, when introduced, imposed no new duties on local agencies; thus, was not originally keyed as a mandate. However, a recent court decision issued on August 1, 2016 offered a new interpretation of the law which creates a new population of inmates who are entitled to remand their cases back to the trial courts, adding great costs to the court system. Further details can be found starting on page 2 of Working Group Agenda.

County officials and CSAC affiliate members are invited to attend future Working Group meetings where this item and other potential reimbursement opportunities will be discussed with both in-person and conference call participation options. The next meeting is scheduled for June 22. Please contact Dorothy Johnson or Tracy Sullivan for more details on how to get involved.

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