Administration of Justice Update 8/1/2014
California Black/Brown Summit on Reentry and Recidivism
Event Planned for November
CSAC has been asked to publicize to its members a November event that will explore reentry and recidivism issues with a particular focus on impacts of recent correctional system reforms in communities of color. Please mark the dates and location for the event:
November 12-14, 2014
Mount Calvary Baptist Church (Fairfield Campus)
1735 Enterprise Drive, Building #3
Fairfield, CA 94533
For more information on the California Black-Brown Summit, please visit www.bbsummit.org or call (209) 957-2720. CSAC will provide additional details in the coming weeks as they become available.
Counties: Search and Rescue Costs
AB 2151 (Wagner) – Support
As Amended June 24, 2014
AB 2151, by Assembly Member Don Wagner, would allow a city or county to seek reimbursement from residents in specified instances when search and rescue costs are incurred.
Specifically, this measure allows a city or county to seek reimbursement from a resident when search and rescue efforts necessitate the use of extraordinary methods and certain acts or omissions were a contributing factor to the need for search and rescue. The bill would further require a person who is deemed as having the ability to pay to remit those funds to the city or county within 30 days.
Recent amendments require that a county or city wishing to implement the reimbursement provisions in the bill may only do so if the board of supervisors of that county or city passes a resolution or ordinance consistent with the bill. Recent amendments also clarify that an act in violation of any federal or state law or local ordinance must be intentional and in knowing violation.
AB 2151 is awaiting action in the Senate.
Mandatory Supervision
AB 2199 (Muratsuchi) – Support
As Introduced February 20, 2014
AB 2199, by Assembly Member Al Muratsuchi, would authorize the court to direct specified defendants to pay all or a portion of the reasonable cost of probation-related services.
Specifically, AB 2199 responds to the December 2013 (Peo. v. Fandinola) appellate court opinion that found that neither section 1203.1b of the California Penal Code, nor any other statutory provision permits charging probation fees to a person on mandatory supervision. As a result, this bill simply amends current law to allow the court to order an individual on mandatory supervision to contribute toward the reasonable costs of probation-related services and fees. As you recall, mandatory supervision was a status created under 2011 Public Safety Realignment to give counties needed tools to manage the realigned criminal justice population.
From the county perspective, AB 2199 makes a great deal of sense given that there is virtually no difference between the probation-related duties and responsibilities associated with mandatory supervision and other types of probation services where defendants currently contribute toward the cost of supervision. All existing provisions regarding the ability to set up payment plans and evaluate a defendant’s ability to pay remain.
AB 2151 is awaiting action in the Senate.
Non-Homicide Trials Cost Assistance
SB 16 (Gaines) – Support
As Amended June 17, 2014
SB 16, by Senator Ted Gaines, seeks to address cost assistance in
non-homicide criminal cases. CSAC and RCRC jointly support this
measure.
The program contemplated in SB 16 is modeled largely modeled
after the homicide reimbursement program in which state financial
assistance may be sought when costs greatly exceed a county’s
financial capacity. Under this measure, counties could apply to
the State Controller’s Office for reimbursement of the costs
incurred by the county. 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.
SB 16 will be heard by the Assembly Appropriations Committee on August 6.
Vehicle Registration Fees
AB 2393 (Levine) – Support
As Amended July 3, 2014
AB 2393, by Assembly Member Marc Levine, would allow counties to impose an increased vehicle registration fee to provide additional funding for fingerprint identification programs used by local law enforcement to identify individuals involved in specified vehicular crimes.
Specifically, AB 2393 would amend Vehicle Code Section 9250.19 to allow counties to impose an increased vehicle registration fee from $1 to $2 for non-commercial vehicles and from $2 to $4 for commercial vehicles to fund fingerprint identification programs which are used by local law enforcement to identify human remains and criminal suspects involved in vehicular crime. For those counties not previously imposing a vehicle registration fee to fund fingerprint identification programs, AB 2393 also allows these counties to opt-in and begin charging at the same rate as currently participating counties.
A fiscal analysis of these county-imposed registration fees performed in 2011 found that the surcharge generates approximately $29 million annually for the 45 participating counties. Further, the analysis concluded that all costs to the Department of Motor Vehicles and the State Controller’s Office are fully recovered from fee revenues.
Given the current – and continuing – fiscal challenges facing counties and local law enforcement, CSAC believes the increased vehicle registration fee provided for in AB 2393 will go a long way towards enhancing local efforts to enforce vehicle code violations and keep our roadways safe.
AB 2393 is awaiting action on the Senate Floor.
Restitution: Collection of Fees
SB 419 (Block) – Support
As Amended July 3, 2014
CSAC supports SB 419, by Senator Marty Block, which would clarify the authority of local agencies to collect restitution fines from specified criminal justice populations and make these fines enforceable by the Victim Compensation and Government Claims Board. The bill is sponsored by the Chief Probation Officers of California.
Specifically, SB 419 would amend Penal Code Sections 1214 and 2085.5 to make it clear that local collection programs and agencies designated by a county board of supervisors have the ability to collect restitution from inmates that have either: completed their sentence in county jail; have been sentenced to post-release community supervision; or have been sentenced to mandatory supervision. The bill also clarifies that restitution orders for these populations are fully enforceable by the California Victim Compensation and Government Claims Board.
SB 419 is needed to ensure that local entities tasked with the collection of restitution from county jail inmates who previously would have served a prison term prior to Realignment, as well as those in the community on mandatory or post-release community supervision have the clear authority to carry out the duties assigned to them.
In our view, SB 419 further clarifies authority necessary to improve restitution recovery at the local level. With the proper authority granted under SB 419, restitution recovery procedures will be more practical and workable for counties and our local law enforcement partners.
The bill is awaiting action on the Assembly Floor.