Administration of Justice update 1/17/2014
Last Day to Register for Pretrial Justice Seminar!
The registration deadline for the Joint Training Partnership’s first training opportunity of the year is today, January 17, 2014. This seminar is the third in a series of discussions focusing on the latest research, best practices, and effective communication strategies in the area of pretrial justice. The course is designed to explore common systemic problems and initiate a collaborative dialogue among system stakeholders.
Where: Hyatt Regency Sacramento
1209 L Street
Sacramento, CA 95814
When: January 23, 2014: 8:30 am – 4:00 pm
Cost: $100 per individual, includes course materials and lunch
For hotel accommodations and booking, please click here.
To register for the training, please following the link provided here.
Pending Law Library Provisions of the 2014 Local Government Omnibus Bill: Feedback Requested
The Senate Governance & Finance Committee will author the “Local Government Omnibus Act of 2014,” which proposes relatively minor, noncontroversial changes to the laws affecting local agencies’ powers and duties.
This year, the Council of California County Law Librarians has asked the committee to include language that expands the ability of law libraries to finance their operations in two ways:
1. Current law allows a county law library’s board of trustees to sell real property, with the proceeds going to the law library fund (Business & Professions Code §6348.4, as amended by SB 113, Senate Local Government Committee, 2009).
The proposed amendment would allow a board of trustees to additionally lease, rent, or license real property, with proceeds going to the law library fund.
2. Current law requires a county law library to be free to the judiciary, state and county officials, members of the State Bar, and all residents of the county for the examination of books and other publications at the library or its branches. However, state law allows the board of law library trustees to levy charges to cover the cost of special services, such as the making of photo copies of pages of library books, and messenger service.
The proposed amendment would expand the list of special services specified in statute to include electronic delivery of materials, educational programs, special events, and the provision of supplies or food services to more fully reflect the range of programs and services provided by county law libraries.
CSAC does not see a problem with either of these provisions. However, we invite your feedback if you have a comment on how these changes may affect your county.
Mentally Disordered Offenders
AB 1065 (Holden) – Support
As amended January 6, 2014
AB 1065, by Assembly Member Chris Holden, originally sought to clarify that any offender who has been designated a mentally disordered offender (MDO) – even if the person’s MDO status changes – would be subject to parole rather than probation jurisdiction when released into the community. Given the particularly acute needs of this population, CSAC supported AB 1065 in that it maintained consistency with the framework of 2011 public safety realignment that designated parole responsibility for the MDO population.
Recent amendments to the bill crafted in consultation with the bill’s sponsor, Los Angeles County, and the Assembly Public Safety Committee have narrowed the focus of the bill to provide additional notification to county probation departments should an individual’s MDO status change due to a court order. Specifically, AB 1065 now extends the time the State would hold an offender after they have been declassified as MDO from five to 30 days. Additionally, the bill would require CDCR to notify the county of a pending release of a former MDO within five days of a court order for release.
CSAC supports the amended version of the bill given that additional notification and planning time before discharge will allow for more coordinated and safer releases into the community for these individuals.
AB 1065 passed unanimously out of the Assembly Public Safety Committee and was referred to the Assembly Committee on Appropriations.
2011 Realignment
SB 199 (De Leon) – Opposition Removed
As amended January 6, 2014
SB 199, by Assembly Member Kevin De Leon, originally sought to add two members to both the Community Corrections Partnership (CCP) and its executive committee: a rank-and-file deputy sheriff or police officer and a rank-and-file probation officer.
Given that the CCP and its executive committee already engage in an open and transparent process with opportunities for all stakeholder groups to participate, CSAC opposed the bill as an unnecessary and potentially precedent setting measure implementing changes that would make these bodies too large and unwieldy to operate thus hampering ongoing realignment efforts.
As recently amended, SB 199 now addresses a completely different topic related to the sale of BB gun devices. For these reasons, CSAC has adopted a ‘watch’ position on the bill and will continue to monitor the legislation as it moves forward.
The bill was approved in the Senate Public Safety Committee this week and will now move to the Senate Appropriations Committee for further action.
Non-Homicide Trials Cost Assistance
SB 16 (Gaines) – Support
As amended May 21, 2013
SB 16, by Senator Ted Gaines, seeks to address cost assistance in non-homicide criminal cases. CSAC and RCRC jointly support this measure.
SB 16 would create a cost assistance program largely modeled after the homicide reimbursement program in which state financial assistance may be available when costs greatly exceed a county’s financial capacity. Under this measure, counties could apply to the State Controller’s Office if costs in a non-homicide trial exceed a specified threshold of the county’s assessed property value. The program would be subject to an appropriation by the Legislature.
In our view, SB 16 is narrowly crafted and seeks to address only the most complex and costly cases that threaten to overwhelm a county’s ability to provide an appropriate defense. The reimbursement program only would apply to cases in which the Attorney General is handling the prosecution due to the matter’s scope and complexity. The bill stems from a case in the author’s jurisdiction where a case involving a complex financial scheme is severely taxing the county’s resources.
The bill will be heard in the Senate Appropriations Committee on January 21, 2014.