Roundup: Latest Actions from the Commission on State Mandates and What It Means for Counties
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Since our update last week, the Commission on State Mandates published a new draft proposed decision for a pending matter and announced that a new test claim for reimbursement was filed with the Commission this week. These matters are described in more detail below.
The Commission’s next hearing will occur on June 12. Several matters relevant to county governments are agendized to be heard, which can be accessed on the Commission’s website.
A complete list of all matters pending before the Commission and recent actions is available on the pending caseload webpage. To receive updates directly from the Commission, subscribe to their email lists.
Questions about the Commission on State Mandates or the state mandate reimbursement process in general? Contact Jessica Sankus, Principal Fiscal and Policy Analyst, at jsankus@counties.org.
DRAFT PROPOSED DECISION
Race-Blind Charging, 24-TC-07 (View Matter)
About the program:
AB 2778 (Chapter 806, Statues of 2022) intends to reduce racial disparities in how cases are investigated, charged, and prosecuted by, among other things, requiring local agencies to create “race-blind” charging programs wherein documents are redacted for racial-identifying information during the initial charging stage. Counites are also required to collect data from their race-blind charging process and make the data available.
Recent action and next steps:
This week, the Commission staff published a draft proposed decision recommending that the Commission partially approve the test claim for the race-blind charging program. Comments from the claimants or other interested parties (local governments) are due to the Commission on or before May 26. The Commission plans to hear this matter during their hearing on August 11.
NEW TEST CLAIM
Criminal Procedure: Discrimination II, 25-TC-04 (View Matter) (aka The Racial Justice Act)
About the program:
AB 256 (Chapter 739, Statutes of 2022) expanded the provisions of AB 2542 (Chapter 317, Statutes of 2020), the original Racial Justice Act, and made these requirements retroactive as well as prospective. The Racial Justice Act provides that individuals charged with or convicted of a crime may file habeas corpus petitions to raise issues of bias or discrimination based on race, ethnicity, or national origin in their cases. The test claim for reimbursement argues that counties should be reimbursed by the state for the costs of Public Defenders to comply with AB 256, specifically the obligation to represent individuals who allege issues of bias or discrimination in their cases.
- Does this seem familiar? A previously approved test claim for the same program captured one implementation phase of AB 256 (Penal Code Section 745(j)(3)), which commenced on January 1, 2024, and pertains to certain cases for individuals serving sentences in state prisons or county jails, or individuals committed to the Division of Juvenile Justice. This new test claim captures subsequent implementation phases (Penal Code Sections 745(j)(4) and 745(j)(5)).
Recent action and next steps:
Counties and other interested parties can file written comments with the Commission on or before June 5. The Commission tentatively plans to hear this matter during their hearing on February 12, 2027.
BACKGROUND: THE COMMISSION ON STATE MANDATES AND THE REIMBURSEMENT PROCESS
While counties are required to comply with all state mandates, counties only receive funding to carry out a select group of state-mandated programs in the form of after-the-fact reimbursement payments from the state. After a bill is signed into law, reimbursement for counties to comply with state-mandated programs is not automatic. Rather, counties initiate the process to receive reimbursement via filing a “test claim” for reimbursement with the Commission on State Mandates. The Commission on State Mandates deliberates and determines whether the new law meets the criteria for reimbursement. If the Commission determines that it does, the Commission begins work on Parameters and Guidelines, which establish a process and rate for reimbursement for the program. For more information about state mandates and the Commission on State Mandates, see CSAC’s Issue Brief on State-Mandated Programs and CSAC’s publication, Meeting the Mandate: Counties Respond to Shifting Costs, Responsibilities, and Outcomes.