BILL NUMBER: AB 1688 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Conway
FEBRUARY 13, 2014
An act to add Part 3 (commencing with Section 4499.01) to Division
4.1 of the Welfare and Institutions Code, relating to developmental
centers.
LEGISLATIVE COUNSEL'S DIGEST
AB 1688, as introduced, Conway. Developmental centers: crime.
Existing law requires, upon the filing of a claim for
reimbursement, a city, county, or superior court to be reimbursed for
reasonable and necessary costs connected with state prisons or
prisoners in connection with certain circumstances, including with
any crime committed in a prison, with any hearing on any return of a
writ of habeas corpus prosecuted by or on behalf of a prisoner, or
with any costs incurred by a coroner in connection with the death of
a prisoner.
This bill would similarly require that, upon the filing of a claim
for reimbursement, a city, county, or superior court be reimbursed
for reasonable and necessary costs connected with developmental
centers or residence of a developmental center in connection with
specified circumstances, including with any crime committed at a
developmental center, with any hearing on return of a writ of habeas
corpus prosecuted by or on behalf of a resident, or with any costs
incurred by a coroner in connection with the death of a resident.
Existing law requires a developmental center to immediately, but
no later than within 2 hours of the developmental center observing,
obtaining knowledge of, or suspecting abuse, report certain incidents
involving a resident to the local law enforcement agency having
jurisdiction over the city or county in which the developmental
center is located. Existing law provides that this reporting
requirement does not prevent a developmental center from reporting
any other criminal act constituting a danger to the health or safety
of the residents of the developmental center to the local law
enforcement agency.
This bill would require a local law enforcement agency having
jurisdiction over the city or county in which the developmental
center is located to respond within 24 hours of receiving an
allegation that a crime has occurred at the developmental center. By
imposing new duties on local officials, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Part 3 (commencing with Section 4499.01) is added to
Division 4.1 of the Welfare and Institutions Code, to read:
PART 3. Crime in Developmental Centers
CHAPTER 1. REIMBURSEMENT OF LOCAL EXPENSES
4499.01. A city, county, or superior court shall be reimbursed
for reasonable and necessary costs related to the operation of
developmental centers or residents of a developmental center in
connection with any of the following:
(a) Any crime committed at a developmental center, whether by a
resident, employee, or other person.
(b) Any hearing on any return of a writ of habeas corpus
prosecuted by or on behalf of a resident.
(c) Any trial or hearing on the question of the sanity of a
resident.
(d) Any costs incurred by a coroner in connection with the death
of a resident.
(e) Any costs incurred in transporting a resident within the host
county or as requested by the developmental center or incurred for
increased security while a resident is outside a developmental
center.
(f) No city, county, or other jurisdiction may file, and the state
may not reimburse, a claim pursuant to this section that is
presented to the department or to any other agency or department of
the state more than six months after the close of the month in which
the costs were incurred.
4499.05. Costs incurred by a city or county include all of the
following:
(a) Costs of law enforcement agencies in connection with any
matter set forth in Section 4499.01, including the investigation or
evaluation of any of those matters regardless of whether a crime has
in fact occurred, a hearing held, or an offense prosecuted.
(b) Costs of participation in any trial or hearing of any matter
set forth in Section 4499.01, including costs for the preparation for
the trial, pretrial hearing, actual trial or hearing, expert witness
fees, the costs of guarding or keeping the resident, the
transportation of the resident, the costs of appeal, and the
execution of the sentence. The cost of detention in a city or county
correctional facility shall include the same cost factors as are
utilized by the Department of Corrections and Rehabilitation in
determining the cost of prisoner care in state correctional
facilities.
(c) The costs of the prosecuting attorney in investigating,
evaluating, or prosecuting cases related to any matter set forth in
Section 4499.01, whether or not the prosecuting attorney decides to
commence legal action.
(d) Costs incurred by the public defender or court-appointed
attorney with respect to any matter set forth in Section 4499.01.
(e) Any costs incurred for providing training in the investigation
or prosecution associated with any matter set forth in Section
4499.01.
(f) Any other costs reasonably incurred by a county in connection
with any matter set forth in Section 4499.01.
4499.10. Costs incurred by a superior court include all of the
following:
(a) Costs of any trial or hearing of any matter set forth in
Section 4499.01, including costs for the preparation of the trial,
pretrial hearing, and the actual trial or hearing.
(b) Any other costs reasonably incurred by a superior court in
connection with any matter set forth in Section 4499.01.
4499.15. As used in this chapter, reasonable and necessary costs
shall be based upon all operating costs, including the cost of
elected officials, except superior court judges, while serving in
line functions and including all administrative costs associated with
providing the necessary services and securing reimbursement for
those costs. Administrative costs include a proportional allowance
for overhead determined in accordance with current accounting
practices.
4499.20. (a) A city or county shall designate an officer or
agency to prepare a statement of costs that shall be reimbursed under
this chapter.
(b) The statement shall be sent to the Controller for approval.
The statement may not include any costs that are incurred by a
superior court, as described in Section 4499.10. The Controller shall
reimburse the city or county within 60 days after receipt of the
statement or provide a written statement as to the reason for not
making reimbursement at that time. If sufficient funds are not
available, the Controller shall request the Director of Finance to
include any amounts necessary to satisfy the claims in a request for
a deficiency appropriation.
4499.25. A superior court shall prepare a statement of costs that
shall be reimbursed under this chapter. The state may not include
any costs that are incurred by a city or county, as described in
Section 4499.05. The statement shall be sent to the Administrative
Office of the Courts for approval and reimbursement.
CHAPTER 2. RESPONSE OF LOCAL LAW ENFORCEMENT
4499.50. A local law enforcement agency having jurisdiction over
the city or county in which the developmental center is located shall
respond within 24 hours of receiving an allegation that a crime has
occurred at the developmental center.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.