as amended, Committee on Budget and Fiscal Review.
begin deleteBudget Act of 2013. end delete
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2013.end delete
begin deleteno end delete.
Fiscal committee: begin deleteno end delete.
State-mandated local program: no.
The people of the State of California do enact as follows:
A fee of
begin delete ten dollars ($10)end delete shall
4be charged and collected from the plaintiff for each defendant to
P7 1whom the court clerk mails a copy of the claim under Section
2116.340. This fee shall be distributed to the court in which it was
(a) (1) The Controller shall, to the extent feasible,
7offset any amount overdue and unpaid for a fine, penalty,
8assessment, bail, vehicle parking penalty, or court-ordered
9reimbursement for court-related services, from a person or entity,
10against any amount owing the person or entity by a state agency
11on a claim for a refund from the Franchise Tax Board under the
12Personal Income Tax Law or the Bank and Corporation Tax Law,
13from winnings in the California State Lottery, or a cash payment
14of a claim for unclaimed property held by the state. Standards and
15procedures for submission of requests for offsets shall be as
16prescribed by the Controller.
begin delete Whenever insufficientend delete funds are available to satisfy an offset request, the
20Controller, after first applying the amounts available to any amount
21due a state agency, may allocate the balance among any other
22requests for offset.
23(2) Any request for an offset for a vehicle parking penalty shall
24be submitted within three years of the date the penalty was
25incurred. This three year maximum term for refund offsets for
26parking tickets applies to requests submitted to the Controller on
27or after January 1, 2004.
28(b) Once an offset request for a vehicle parking penalty is made,
29a local agency may not accrue additional interest charges, collection
30charges, penalties, or other charges on or after the date that the
31offset request is made. Payment of an offset request for a vehicle
32parking penalty shall be made on the condition that it constitutes
33full and final payment of that offset.
34(c) The Controller shall deduct and retain from any amount
35offset in favor of a city
begin delete orend delete county an amount sufficient
36to reimburse the Controller, the Franchise Tax Board, the California
37State Lottery, and the Department of Motor Vehicles for their
38administrative costs of processing the offset payment.
5 Notwithstanding Chapter 3.5 (commencing with Section
66250) of Division 7 of Title 1, or any other
begin delete provision ofend delete law, the
7social security number of
begin delete anyend delete
person obtained pursuant to Section
84150, 4150.2, or 12800 of the Vehicle Code is not a public record
9and shall only be provided by the Department of Motor Vehicles
10to an authorized agency for the sole purpose of making an offset
11pursuant to this section for
begin delete anyend delete unpaid vehicle parking penalty
begin delete anyend delete unpaid fine, penalty, assessment, or bail of which the
13Department of Motor Vehicles has been notified pursuant to
14subdivision (a) of Section 40509 of the Vehicle Code or Section
151803 of the Vehicle Code, responding to information requests from
16the Franchise Tax Board for the purpose of tax administration, and
17 responding to requests for information from an agency, operating
18pursuant to and carrying out the provisions of, Part A (Aid to
19Families with Dependent Children), or Part D (Child Support and
20Establishment of Paternity) of Subchapter IV of Chapter 7 of Title
2142 of the United States Code. As used in this section, “authorized
22agency” means the Controller, the Franchise Tax Board, or the
23California Lottery Commission.
(a) The following provisions apply in superior court:
27(1) In addition to any other fee required in civil actions or cases:
28(A) For each proceeding lasting less than one hour, a fee of
29thirty dollars ($30) shall be charged for the reasonable cost of the
30services of an official court reporter pursuant to Section 269 of
31the Code of Civil Procedure.
33(B) For each proceeding lasting more than one hour, a fee equal
34to the actual cost of providing that service shall be charged per
35one-half day of services to the parties, on a pro rata basis, for the
36services of an official court reporter on the first and each
37succeeding judicial day those services are provided pursuant to
38Section 269 of the Code of Civil Procedure.
P9 1(2) All parties shall deposit their pro rata shares of these fees
2with the clerk of the court as specified by the court, but not later
3than the conclusion of each day’s court session.
4(3) For purposes of this section, “one-half day” means any
5period of judicial time, in excess of one hour, but not more than
6four hours, during either the morning or afternoon court session.
7(4) The costs for the services of the official court reporter shall
8be recoverable as taxable costs by the prevailing party as otherwise
9provided by law.
10(5) The Judicial Council shall adopt rules to ensure all of the
12(A) That parties are given adequate and timely notice of the
13availability of an official court reporter.
14(B) That if an official court reporter is not available, a party
15may arrange for the presence of a certified shorthand reporter to
16serve as an official pro tempore reporter, the costs therefor
17recoverable as provided in paragraph (4).
18(C) That if the services of an official pro tempore reporter are
19utilized pursuant to subparagraph (B), no other charge shall be
20made to the parties.
21(b) The fees collected pursuant to this section shall be used only
22to pay the cost for services of an official court reporter in civil
24(c) The Judicial Council shall report on or before February 1 of
25each year to the Joint Legislative Budget Committee on the fees
26collected by courts pursuant to this section and Section 68086.1
27and on the total amount spent for services of official court reporters
28in civil proceedings statewide in the prior fiscal year.
(a) The Judicial Council may, as part of its trial court
32budget process, seek input from groups and individuals as it deems
33appropriate including, but not limited to, advisory committees and
34the Administrative Director of the Courts. The trial court budget
35process may include, but is not limited to, the following:
36(1) The receipt of budget requests from the trial courts.
37(2) The review of the trial courts’ budget requests and evaluate
38them against performance criteria established by the Judicial
39Council by which a court’s performance, level of coordination,
40and efficiency can be measured.
P10 1(3) The annual adoption of the projected
cost in the subsequent
2fiscal year of court operations as defined in Section 77003 for each
3trial court. This estimation shall serve as a basis for recommended
4court budgets, which shall be developed for comparison purposes
5and to delineate funding responsibilities.
6(4) The annual approval of a schedule for the allocation of
7moneys to individual courts and an overall trial court budget for
8forwarding to the Governor for inclusion in the Governor’s
9proposed State Budget. The schedule shall be based on the
10performance criteria established pursuant to paragraph (2), on a
11minimum standard established by the Judicial Council for the
12operation and staffing of all trial court operations, and on any other
13factors as determined by the Judicial Council. This minimum
14standard shall be modeled on court operations using all reasonable
15and available measures to increase court efficiency. The schedule
16of allocations shall assure that all trial courts receive funding for
17the minimum operating and staffing standards before funding
18operating and staffing requests above the minimum standards, and
19shall include incentives and rewards for any trial court’s
20implementation of efficiencies and cost saving measures.
21(5) The reallocation of funds during the course of the fiscal year
22to ensure equal access to the trial courts by the public, to improve
23trial court operations, and to meet trial court emergencies. Neither
24the state nor the counties shall have any obligation to replace
25moneys appropriated for trial courts and reallocated pursuant to
27(6) The allocation of funds in the State Trial Court Improvement
28and Modernization Fund to ensure equal access to trial courts by
29the public, to improve trial court operations, and to meet trial court
30emergencies, as expressly authorized by statute.
31(7) Upon approval of the trial courts’ budget by the Legislature,
32the preparation during the course of the fiscal year of allocation
33schedules for payments to the trial courts, consistent with Section
3468085, which shall be submitted to the Controller’s office at least
3515 days before the due date of any allocation.
36(8) The establishment of rules regarding a court’s authority to
37transfer trial court funding moneys from one functional category
38to another in order to address needs in any functional category.
39(9) At the request of the presiding judge of a trial court, an
40independent review of the funding level of the court to determine
P11 1whether it is adequate to enable the court to discharge its statutory
2and constitutional responsibilities.
3(10) From time to
time, a review of the level of fees charged
4by the courts for various services and prepare recommended
5adjustments for forwarding to the Legislature.
6(11) Provisions set forth in rules adopted pursuant to Section
777206 of the Government Code.
8(b) Courts and counties shall establish procedures to allow for
9the sharing of information as it relates to approved budget proposals
10and expenditures that impact the respective court and county
11budgets. The procedures shall include, upon the request of a court
12or county, that a respective court or county shall provide the
13requesting court or county a copy of its approved budget and, to
14the extent possible, approved program expenditure component
15information and a description of budget changes that are anticipated
16to have an impact on the requesting court or county. The Judicial
17Council shall provide to the Legislature on December 31, 2001,
18 and yearly thereafter, budget expenditure data at the program
19component level for each court.
20(c) (1) The Judicial Council shall retain the ultimate
21responsibility to adopt a budget and allocate funding for the trial
22courts and perform the other activities listed in subdivision (a) that
23best assure their ability to carry out their functions, promote
24implementation of statewide policies, and promote the immediate
25implementation of efficiencies and cost saving measures in court
26operations, in order to guarantee equal access to the courts.
27(2) (A) When setting the allocations for trial courts, the Judicial
28Council shall set a preliminary allocation in July of each fiscal
begin delete based on an estimate or an actual amount of available trial
30court resources in that fiscal yearend delete
begin delete resources,end delete
37 the Judicial Council shall finalize allocations to trial courts.
P12 1(B) Upon preliminary determination of the allocations to trial
2courts pursuant to subparagraph (A), the Judicial Council shall set
3aside 2 percent of the total funds appropriated in Program 45.10
4of Item 0250-101-0932 of the annual Budget Act and these funds
5shall remain in the Trial Court Trust Fund. These funds shall be
6administered by the Judicial Council and be allocated to trial courts
7for unforeseen emergencies, unanticipated expenses for existing
8programs, or unavoidable funding shortfalls. Unavoidable funding
9shortfall requests for up to 1.5 percent of these funds shall be
10submitted by the trial courts to the Judicial Council no later than
11October 1 of each year. The Judicial Council shall, by October 31
12of each year, review and evaluate all requests submitted, select
13trial courts to receive funds, and notify those selected trial courts.
14By March 15 of each year, the Judicial Council shall distribute the
15remaining funds if there has been a request from a trial court for
16unforeseen emergencies or unanticipated expenses that has been
17reviewed, evaluated, and approved. Any unexpended funds shall
18be distributed to the trial courts on a prorated basis.
19(C) The Judicial Council shall, no later than April 15 of each
20year, report to the Legislature, pursuant to Section 9795 of the
21Government Code, and to the Department of Finance all requests
22and allocations made pursuant to subparagraph (B).
(a) Prior to adopting a baseline budget plan for the
22fiscal year, each trial court shall provide the public notice of, and
23an opportunity for input on, the trial court’s proposed budget plan,
24consistent with the requirements of this section.
25(b) The court shall allow public input by the submission of
26written comments or by holding a public hearing on the trial court’s
27proposed baseline budget plan. Any public hearing shall be
28conducted in a place reasonably accessible to the residents of the
29county in which the court is located, and allow for public comment.
30The court may conduct the public hearing at the courthouse in that
32(c) (1) Prior to conducting a public
hearing, the court shall
33make the proposed baseline budget plan available to the public
34and provide notice of the hearing date, time, and location, and the
35opportunity to submit written comments. Notice of the hearing
36and the opportunity to submit comments shall be by conspicuous
37posting within or about the court’s facilities, on the court’s public
38Internet Web site, and by electronic distribution to individuals that
39have subscribed to the court’s electronic distribution service. The
P14 1notice shall be posted not less than 10 court days prior to the date
2of the hearing.
3(2) The baseline budget plan shall be made available to the
4public at the courthouse and on the court’s public Internet Web
5site no less than three court days prior to the hearing or, if there is
6no hearing, adoption of the plan.
7(d) This section shall not be construed to obligate courts to
8provide responses to the comments presented at the public hearing
9or to written comments received.
10(e) This section shall remain in effect only until January 1, 2017,
11and as of that date is repealed, unless a later enacted statute, that
12is enacted before January 1, 2017, deletes or extends that date.
For an exemplification of a record or other paper on
16file, the fee is
begin delete twenty dollars ($20)end delete in addition
17to the charges allowed for copying or comparing each page of the
18record or other paper.
(a) Prior to June 30, 2014, a trial court may carry over
22all unexpended funds from the courts operating budget from the
23prior fiscal year.
24(b) Commencing June 30, 2014, a trial court may carry over
25unexpended funds in an amount not to exceed 1 percent of the
begin delete courtsend delete operating budget from the prior fiscal year.
(a) At any time during the period of supervision of a
6person (1) released on probation under the care of a probation
7officer pursuant to this chapter, (2) released on conditional sentence
8or summary probation not under the care of a probation officer,
9(3) placed on mandatory supervision pursuant to subparagraph (B)
10of paragraph (5) of subdivision (h) of Section 1170, (4) subject to
11revocation of postrelease community supervision pursuant to
12Section 3455, or (5) subject to revocation of parole supervision
13pursuant to Section 3000.08, if any probation officer, parole officer,
14or peace officer has probable cause to believe that the supervised
15person is violating any term or condition of his or her supervision,
16the officer may, without warrant or other process and at any time
17until the final disposition of the case, rearrest the supervised person
18and bring him or her before the court or the court may, in its
19discretion, issue a warrant for his or her rearrest. Upon
begin delete suchend delete
20 rearrest, or upon the issuance of a warrant for rearrest the court
21may revoke and terminate the supervision of the person if the
22interests of justice
begin delete soend delete require and the court, in its judgment, has
23reason to believe from the report of the probation or parole officer
24or otherwise that the person has violated any of the conditions of
25his or her supervision, has become abandoned to improper
26associates or a vicious life, or has subsequently committed other
27offenses, regardless whether he or she has been prosecuted for
begin delete suchend delete
offenses. However, the court shall not terminate parole
29pursuant to this section. Supervision shall not be revoked for failure
30of a person to make restitution imposed as a condition of
31supervision unless the court determines that the defendant has
32willfully failed to pay and has the ability to pay. Restitution shall
33be consistent with a person’s ability to pay. The revocation,
34summary or otherwise, shall serve to toll the running of the period
36(b) (1) Upon its own motion or upon the petition of the
37supervised person, the probation or parole officer or the district
begin delete of the county in which the person is supervisedend delete, the court
39may modify, revoke, or terminate supervision of the person
40pursuant to this subdivision, except that the court shall not
P16 1terminate parole pursuant to this section. A person supervised on parole or postrelease community
6supervision pursuant to Section 3455
begin delete mayend delete not petition the
7court pursuant to this section for early release from supervision,
8and a petition under this section shall not be filed solely for the
9purpose of modifying parole. Nothing in this section shall prohibit
10the court from modifying parole when acting on its own motion
11or a petition to revoke parole. The court shall give notice
13of its motion, and the probation or parole officer or the district
14attorney shall give notice of his or her petition to the supervised
15person, his or her attorney of record, and the district attorney or
16the probation or parole officer, as the case may be. The supervised
17person shall give notice of his or her petition to the probation or
18parole officer and notice of any motion or petition shall be given
19to the district attorney in all cases. The court shall refer its motion
20or the petition to the probation or parole officer. After the receipt
21of a written report from the probation or parole officer, the court
22shall read and consider the report and either its motion or the
23petition and may modify, revoke, or terminate the supervision of
24the supervised person upon the grounds set forth in subdivision
25(a) if the interests of justice so require.
26(2) The notice required by this subdivision may be given to the
27supervised person upon his or her first court appearance in the
28proceeding. Upon the agreement by the supervised person in
29writing to the specific terms of a modification or termination of a
30specific term of supervision, any requirement that the supervised
31person make a personal appearance in court for the purpose of a
32modification or termination shall be waived. Prior to the
33modification or termination and waiver of appearance, the
34supervised person shall be informed of his or her right to consult
35with counsel, and if indigent the right to secure court appointed
36counsel. If the supervised person waives his or her right to counsel
37a written waiver shall be required. If the supervised person consults
38with counsel and thereafter agrees to a modification, revocation,
39or termination of the term of supervision and waiver of personal
P17 1appearance, the agreement shall be signed by counsel showing
2approval for the modification or termination and waiver.
3(c) Upon any revocation and termination of probation the court
4may, if the sentence has been suspended, pronounce judgment for
5any time within the longest period for which the person might have
6been sentenced. However, if the judgment has been pronounced
7and the execution thereof has been suspended, the court may revoke
8the suspension and order that the judgment shall be in full force
9and effect. In either case, the person shall be delivered over to the
10proper officer to serve his or her sentence, less any credits
begin delete herein .
11provided forend delete
12(d) In any case of revocation and termination of probation,
13including, but not limited to, cases in which the judgment has been
14pronounced and the execution thereof has been suspended, upon
15the revocation and termination, the court may, in lieu of any other
16sentence, commit the person to the Department of Corrections and
17Rehabilitation, Division of Juvenile Facilities if he or she is
18otherwise eligible for
begin delete suchend delete commitment.
19(e) If probation has been revoked before the judgment has been
20pronounced, the order revoking probation may be set aside for
21good cause upon motion made before pronouncement of judgment.
22If probation has been revoked after the judgment has been
23pronounced, the judgment and the order
begin delete whichend delete revoked the
24probation may be set aside for good cause within 30 days after the
25court has notice that the execution of the sentence has commenced.
26If an order setting aside the judgment, the revocation of probation,
27or both is made after the expiration of the probationary period, the
28court may again place the person on probation for that period and
29with those terms and conditions as it could have done immediately
31(f) As used in this section, the following definitions shall apply:
32(1) “Court” means a judge, magistrate, or revocation hearing
33officer described in Section 71622.5 of the Government Code.
34(2) “Probation officer” means a probation officer as described
35in Section 1203 or an officer of the agency designated by the board
36of supervisors of a county to implement postrelease community
37supervision pursuant to Section 3451.
38(3) “Supervised person” means a person who satisfies any of
P18 1(A) He or she is released on probation subject to the supervision
2of a probation officer.
3(B) He or she is released on conditional sentence or summary
4probation not under the care of a probation officer.
5(C) He or she is subject to mandatory supervision pursuant to
6subparagraph (B) of paragraph (5) of subdivision (h) of Section
8(D) He or she is subject to revocation of postrelease community
9supervision pursuant to Section 3455.
10(E) He or she is subject to revocation
of parole pursuant to
12(g) Nothing in this section affects the authority of the supervising
13agency to impose intermediate sanctions, including flash
14incarceration, to persons supervised on parole pursuant to Section
153000.8 or postrelease community supervision pursuant to Part 3
16(commencing with Section 3450) of Title 2.05.
As used in this chapter, the following definitions apply:
19(a) “Community corrections” means the placement of persons
20convicted of a felony offense under probation supervision,
begin delete with for a specified period.
21conditions imposed by a courtend delete
23(b) “Chief probation officer” or “CPO” means the chief
24probation officer for the county or city and county in which an
25adult offender is subject to probation for the conviction of a felony
27(c) “Community corrections program” means a program
28established pursuant to this act consisting of a system of
begin delete felony
services dedicated to all of the following goals:
29probation supervisionend delete
31(1) Enhancing public safety through the management and
32reduction of offender risk while under
begin delete felony probationend delete
33 supervision and upon reentry from jail into the
35(2) Providing a range of
begin delete probationend delete supervision tools, sanctions,
36and services applied to felony
begin delete probationersend delete based on a risk and needs assessment for the
38purpose of reducing criminal conduct and promoting behavioral
39change that results in reducing recidivism and promoting the
40successful reintegration of offenders into the community.
P19 1(3) Maximizing offender restitution, reconciliation, and
2restorative services to victims of crime.
3(4) Holding offenders accountable for their criminal behaviors
4and for successful compliance with applicable court orders and
5conditions of supervision.
6(5) Improving public safety outcomes for persons
begin delete placed on
for a felony offense, as
8measured by their successful completion of
begin delete probationend delete and the commensurate reduction in the rate
begin delete felony probationersend delete sent to prison as a result of a
begin delete probationend delete revocation or conviction of a new crime.
12(d) “Evidence-based practices” refers to supervision policies,
13procedures, programs, and practices demonstrated by scientific
14research to reduce recidivism among individuals under
begin delete probation, supervision.
15parole, or postreleaseend delete
(a) Each county is hereby authorized to establish in each
21county treasury a Community Corrections Performance Incentives
22Fund (CCPIF), to receive all amounts allocated to that county for
23purposes of implementing this chapter.
begin deleteIn end deleteany fiscal year for
25which a county receives moneys to be expended for the
26implementation of this chapter, the moneys, including any interest,
27shall be made available to the CPO of that county, within 30 days
28of the deposit of those moneys into the fund, for the implementation
29of the community corrections program authorized by this chapter.
30(1) The community corrections program shall be developed and
31implemented by probation and advised by a local Community
33(2) The local Community Corrections Partnership shall be
34chaired by the CPO and comprised of the following membership:
35(A) The presiding judge of the superior court, or his or her
37(B) A county supervisor or the chief administrative officer for
38the county or a designee of the board of supervisors.
39(C) The district attorney.
40(D) The public defender.
P20 1(E) The sheriff.
2(F) A chief of police.
3(G) The head of the county department of social services.
4(H) The head of the county department of mental health.
5(I) The head of the county department of employment.
6(J) The head of the county alcohol and substance abuse
8(K) The head of the county office of education.
9(L) A representative from a community-based organization with
10experience in successfully providing rehabilitative services to
11persons who have been convicted of a criminal offense.
12(M) An individual who represents the interests of victims.
13(3) Funds allocated to probation pursuant to this act shall be
14used to provide supervision and rehabilitative services for adult
15felony offenders subject to
begin delete probationend delete, and shall
16be spent on evidence-based community corrections practices and
17programs, as defined in subdivision (d) of Section 1229, which
18may include, but are not limited to, the following:
19(A) Implementing and expanding evidence-based risk and needs
21(B) Implementing and expanding intermediate sanctions that
22include, but are not limited to, electronic monitoring, mandatory
23community service, home detention, day reporting, restorative
24justice programs, work furlough programs, and incarceration in
25county jail for up to 90 days.
26(C) Providing more intensive
begin delete probationend delete supervision.
27(D) Expanding the availability of evidence-based rehabilitation
28programs including, but not limited to, drug and alcohol treatment,
29mental health treatment, anger management, cognitive behavior
30programs, and job training and employment services.
31(E) Evaluating the effectiveness of rehabilitation and supervision
32programs and ensuring program fidelity.
begin deleteThe end deleteCPO shall have
34discretion to spend funds on any of the above practices and
35programs consistent with this act but, at a minimum, shall devote
36at least 5 percent of all funding received to evaluate the
37effectiveness of those programs and practices implemented with
38the funds provided pursuant to this chapter. A CPO may petition
39the Administrative Office of the Courts to have this restriction
40waived, and the Administrative Office of the Courts shall have the
P21 1authority to grant such a petition, if the CPO can demonstrate that
2the department is already devoting sufficient funds to the evaluation
3of these programs and practices.
4(5) Each probation department receiving funds under this chapter
5shall maintain a complete and accurate accounting of all funds
6received pursuant to this chapter.
(a) Community corrections programs funded pursuant
9to this act shall identify and track specific outcome-based measures
10consistent with the goals of this act.
11(b) The Administrative Office of the Courts, in consultation
12with the Chief Probation Officers of California, shall specify and
13define minimum required outcome-based measures, which shall
14include, but not be limited to, all of the following:
15(1) The percentage of persons
begin delete on felony probationend delete who are being supervised in
18(2) The percentage of state moneys expended for programs that
19are evidence-based, and a descriptive list of all programs that are
21(3) Specification of supervision policies, procedures, programs,
22and practices that were eliminated.
23(4) The percentage of persons
begin delete on felony probationend delete who successfully complete the period of
begin delete probationend delete.
26(c) Each CPO receiving funding pursuant to Sections 1233 to
271233.6, inclusive, shall provide an annual written report to the
28Administrative Office of the Courts
begin delete and the Department of
evaluating the effectiveness of the
29Corrections and Rehabilitationend delete
30community corrections program, including, but not limited to, the
31data described in subdivision (b).
32(d) The Administrative Office of the Courts shall, in consultation
33with the CPO of each county and the Department of Corrections
34and Rehabilitation, provide a quarterly statistical report to the
35Department of Finance including, but not limited to, the following
36statistical information for each county:
37(1) The number of felony filings.
38(2) The number of felony convictions.
39(3) The number of felony convictions in which the defendant
40was sentenced to the state prison.
P22 1(4) The number of felony convictions in which the defendant
2was granted probation.
3(5) The adult felon probation population.
4(6) The number of felons who had their probation revoked and
5were sent to prison for that revocation.
6(7) The number of adult felony probationers sent to state prison
7for a conviction of a new felony offense, including when probation
8was revoked or terminated.
9(8) The number of felons who had their probation revoked and
10were sent to county jail for that revocation.
11(9) The number of adult felony probationers sent to county jail
12for a conviction of a new felony offense, including when probation
13was revoked or terminated.
Commencing no later than 18 months following the
10initial receipt of funding pursuant to this act and annually
11thereafter, the Administrative Office of the Courts, in consultation
12with the Department of Corrections and Rehabilitation, the
13Department of Finance, and the Chief Probation Officers of
14California, shall submit to the Governor and the Legislature a
15comprehensive report on the implementation of this act. The report
16shall include, but not be limited to, all of the following information:
17(a) The effectiveness of the community corrections program
18based on the reports of performance-based outcome measures
19required in Section 1231.
20(b) The percentage of
begin delete felony probationers whose probation was for the year on
23which the report is being made.
24(c) The percentage of
begin delete felony probationersend delete who were convicted of crimes during their term
begin delete probationend delete for the year on which the report is being
28(d) The impact of the moneys appropriated pursuant to this act
29to enhance public safety by reducing the percentage and number
begin delete felony probationersend delete whose
begin delete probationend delete was revoked for the year being reported on
begin delete probationend delete violations or new convictions, and to reduce the
begin delete felony probationersend delete who are begin delete sentend delete to prison for the year on which the report is being made.
36(e) Any recommendations regarding resource allocations or
37additional collaboration with other state, regional, federal, or local
38entities for improvements to this act.
(a) The Director of Finance, in consultation with the
2Department of Corrections and Rehabilitation, the Joint Legislative
3Budget Committee, the Chief Probation Officers of California,
4and the Administrative Office of the Courts, shall
begin delete for each countyend delete a baseline probation failure rate that
6equals the weighted average number of adult felony probationers
7sent to state prison during calendar years 2006 to 2008, inclusive,
8as a percentage of the weighted average adult felony probation
9population during the same period.
10(b) For purposes of calculating
the baseline probation failure
11rate, the number of adult felony probationers sent to prison shall
12include those adult felony probationers sent to state prison for a
13revocation of probation, as well as adult felony probationers sent
14to state prison for a conviction of a new felony offense. The
15calculation shall also include adult felony probationers sent to
16prison for conviction of a new crime who simultaneously have
17their probation term terminated.
After the conclusion of each calendar year following
20the enactment of this section, the Director of Finance, in
21consultation with the Department of Corrections and Rehabilitation,
22the Joint Legislative Budget Committee, the Chief Probation
23Officers of California, and the Administrative Office of the Courts,
24shall calculate the following for that calendar year:
25(a) The cost to the state to incarcerate in prison and supervise
begin delete a probationerend delete
sent to prison. This calculation shall take into consideration
28factors, including, but not limited to, the average length of stay in
29prison and on parole for
begin delete probationersend delete, as well as the associated parole revocation rates, and
32(b) The statewide probation
begin delete to prisonend delete
33statewide probation failure
begin delete to prisonend delete
rate shall be calculated as the
34total number of adult felony probationers statewide sent to prison
35in the previous year as a percentage of the average statewide adult
36felony probation population for that year.
begin delete to prisonend delete
rate for each county. Each
4county’s probation failure
begin delete to prisonend delete rate shall be calculated as the
5number of adult felony probationers sent to prison from that county
6in the previous year as a percentage of the county’s average adult
7felony probation population for that year.
14(d) An estimate of the number of adult felony probationers each
15county successfully prevented from being
begin delete sent to prisonend delete
16. For each county, this estimate shall be calculated
17based on the reduction in the county’s probation failure
begin delete to prisonend delete
18 rate as calculated annually pursuant to subdivision (c) of this
19section and the county’s baseline probation failure rate as calculated
20pursuant to Section 1233. In making this estimate, the Director of
21Finance, in consultation with the Department of Corrections and
22Rehabilitation, the Joint Legislative Budget Committee, the Chief
23Probation Officers of California, and the Administrative Office of
24the Courts, shall adjust the calculations to account for changes in
25each county’s adult felony probation caseload in the most recent
26completed calendar year as compared to the county’s adult felony
27probation population during the period 2006 to 2008, inclusive.
28(e) In calculating probation failure
begin delete to prisonend delete rates for the
29state and individual counties, the number of adult felony
30probationers sent to prison shall include those adult felony
31probationers sent to state prison for a revocation of probation, as
32well as adult felony probationers sent to state prison for a
33conviction of a new felony offense. The calculation shall also
34include adult felony probationers who are sent to prison for
35conviction of a new crime and who simultaneously have their
36probation terms terminated.
The Director of Finance, in consultation with the
39Administrative Office of the Courts, the Department of Corrections
40and Rehabilitation, and the Chief Probation Officers of California,
P27 1shall develop a revised formula for the California Community
2Corrections Performance Incentives Act of 2009 that takes into
3consideration the significant changes to the eligibility of some
4felony probationers for revocation to the state prison resulting from
5the implementation of the 2011 Public Safety realignment. The revised
8formula may include adjustments to the baseline failure rate for
Annually, after the conclusion of each calendar year,
12the Director of Finance, in consultation with the Department of
13Corrections and Rehabilitation, the Joint Legislative Budget
14Committee, the Chief Probation Officers of California, and the
15Administrative Office of the Courts, shall identify the appropriate
16Probation Revocation Tier for each county for which it was
17estimated that the county successfully prevented any number of
18adult felony probationers from being
begin delete sent to state prisonend delete
19, as provided in subdivision (d) of Section 1233.1.
20The tiers shall be defined as follows:
1. A Tier 1 county is one
begin delete whichend delete has a probation
22failure rate, as defined in subdivision (c) of Section 1233.1,
begin delete that no more than 25 percent higher than the statewide probation
24failure rate, as defined in subdivision (b) of Section 1233.1.
25(b) Tier 2. A Tier 2 county is one
begin delete whichend delete has a probation
26failure rate, as defined in subdivision (c) of Section 1233.1,
begin delete that more than 25 percent above
the statewide probation failure rate,
28as defined in subdivision (b) of Section 1233.1.
Annually, the Director of Finance, in consultation with
35the Department of Corrections and Rehabilitation, the Joint
36Legislative Budget Committee, the Chief Probation Officers of
37California, and the Administrative Office of the Courts, shall
38calculate a probation failure reduction incentive payment for each
39eligible county, pursuant to Section 1233.2, for the most recently
40completed calendar year, as follows:
P28 1(a) For a county identified as being in Tier 1, as defined in
2subdivision (a) of Section 1233.2, its probation failure reduction
3incentive payment shall equal the estimated number of probationers
4successfully prevented from being
begin delete sent to prisonend delete, as
5defined by subdivision (d) of Section 1233.1, multiplied by 45
6percent of the costs to the state to incarcerate in prison and
7supervise on parole a probationer who was sent to prison, as
8defined in subdivision (a) of Section 1233.1.
9(b) For a county identified as being in Tier 2, as defined in
10subdivision (b) of Section 1233.2, its probation failure reduction
11incentive payment shall equal the estimated number of probationers
12successfully prevented from being
begin delete sent to prisonend delete, as
13defined by subdivision (d) of Section 1233.1, multiplied by 40
14percent of the costs to the state to incarcerate in prison and
15supervise on parole a probationer who was sent to prison, as
16defined in subdivision (a) of Section 1233.1.
(a) It is the intent of the Legislature for counties
30demonstrating high success rates with adult felony probationers
31to have access to performance-based funding as provided for in
33(b) On an annual basis, the Department of Finance, in
34consultation with the Department of Corrections and Rehabilitation,
35the Joint Legislative Budget Committee, the Chief Probation
36Officers of California, and the Administrative Office of the Courts,
37shall calculate 5 percent of the
begin delete savings to the state attributed to counties that successfully
40reduce the number of adult felony probationers
begin delete sent to state prisonend delete
begin delete savingsend delete estimated pursuant to subdivision (b)
5shall be used to provide high performance grants to county
6probation departments for the purpose of bolstering evidence-based
7probation practices designed to reduce recidivism among adult
9(d) County probation departments eligible for these high
10performance grants shall be those with adult probation failure rates
11more than 50 percent below the statewide average in the most
12recently completed calendar year.
13(e) A county probation department that qualifies for a probation
14failure reduction incentive payment
15 and a high performance grant payment
begin delete as provided for in Section
in the same year shall choose to receive either the probation
17failure incentive payment or the high performance grant payment.
18The CPO of a county that qualifies for both a high performance
19grant and a probation failure reduction incentive payment shall
20indicate to the Administrative Office of the Courts, by a date
21designated by the Administrative Office of the Courts, whether
22the CPO chooses to receive the high performance grant or probation
23failure reduction payment.
24(f) The grants provided for in this section shall be administered
25by the Administrative Office of the Courts. The Administrative
26Office of the Courts shall seek to ensure that all qualifying
27probation departments that submit qualifying applications receive
28a proportionate share of the grant funding available based on the
29population of adults ages 18 to 25, inclusive, in each of the counties
30qualifying for the grants.
(a) Probation failure reduction incentive payments
36and high performance grants calculated for any calendar year shall
37be provided to counties in the following fiscal year. The total
38annual payment to each county shall be divided into four equal
P30 1(b) The Department of Finance shall include an estimate of the
2total probation failure reduction incentive payments and high
3performance grants to be provided to counties in the coming fiscal
4year as part of the Governor’s proposed budget released no later
5than January 10 of each year. This estimate shall be adjusted by
6the Department of Finance, as necessary, to reflect the actual
7calculations of probation
begin delete revocationend delete incentive
8payments and high performance grants completed by the Director
9of Finance, in consultation with the Department of Corrections
10and Rehabilitation, the Joint Legislative Budget Committee, the
11Chief Probation Officers of California, and the Administrative
12Office of the Courts. This adjustment shall occur as part of standard
13budget revision processes completed by the Department of Finance
14in April and May of each year.
15(c) There is hereby established, in the State Treasury, the State
16Community Corrections Performance Incentives Fund, which is
17continuously appropriated. Moneys appropriated for purposes of
begin delete revocationend delete incentive
19payments and high performance grants authorized in Sections 1230
20to 1233.6, inclusive, shall be transferred into this fund from the
21General Fund. Any moneys transferred into this fund from the
22General Fund shall be administered by the Administrative Office
23of the Courts and the share calculated for each county probation
24department shall be transferred to its Community Corrections
25Performance Incentives Fund authorized in Section 1230.
begin delete The
26Department of Finance, in consultation with the Administrative
27Office of the Courts, shall determine a funding amount not to
28exceed 1 percent of the estimated savings to the state resulting
29from the population of felony probationers successfully prevented
30from being sent to state prison, that shall be appropriated for use
31by the Administrative Office of the Courts for the costs of
32implementing and administering this program and the 2011
33Realignment Legislation addressing public safety.end delete
34(d) For each fiscal year, the Director of Finance shall determine
35the total amount of the State Community Corrections Performance
36Incentives Fund and the amount to be allocated to each county,
37pursuant to this section and Sections 1230 to 1233.5, inclusive,
38and shall report those amounts to the Controller. The Controller
39shall make an allocation from the State Community Corrections
P31 1Performance Incentives Fund authorized in subdivision (c) to each
2county in accordance with the amounts provided.
Notwithstanding any other
begin delete provision ofend delete law, any
13moneys remaining in the State Community Corrections
14Performance Incentives Fund, after the calculation and award
15determination of each county’s tier payments or high performance
16grant payments pursuant to Sections 1233.3 and 1233.4, shall be
17distributed to county probation departments as follows:
18(a) The Department of Finance shall increase the award amount
19for any county whose tier payment or high performance grant
20payment, as calculated pursuant to Sections 1233.3 and 1233.4,
21totals less than two hundred thousand dollars ($200,000) to no
22more than two hundred thousand dollars ($200,000).
30 The Department of Finance shall evenly distribute any
31remaining funds to those counties that did not receive a tier
32payment or a high performance grant payment, as calculated
33pursuant to Sections 1233.3 and 1233.4.
35 At no time shall an award provided to a county through
begin delete (b)end delete
exceed the amount of a grant award provided
37to counties that are eligible to receive increased award amounts
38pursuant to subdivision (a).
P32 1 Any county receiving funding through subdivision
begin delete (b)end delete
2 shall submit a report to the Administrative Office of the Courts
3and the Chief Probation Officers of California describing how
begin delete they on using the funds to enhance
begin delete theirend delete ability to be
5successful under this act.
9(e) This section shall remain in effect only until June 30, 2013,
10and as of that date is repealed, unless a later enacted statute, that
11is enacted before June 30, 2013, deletes or extends that date.
This chapter shall remain in effect only until January
171, 2015, and as of that date is repealed, unless a later enacted
18statute, that is enacted before January 1, 2015, deletes or extends
(a) Persons released from state prison prior to or on
24or after July 1, 2013, after serving a prison term or, whose sentence
25has been deemed served pursuant to Section 2900.5, for any of the
26following crimes shall be subject to parole supervision by the
27Department of Corrections and Rehabilitation and the jurisdiction
28of the court in the county where the parolee is released or resides for the
30purpose of hearing petitions to revoke parole and impose a term
32(1) A serious felony as described in subdivision (c) of Section
34(2) A violent felony as described in subdivision (c) of Section
36(3) A crime for which the person was sentenced pursuant to
37paragraph (2) of subdivision (e) of Section 667 or paragraph (2)
38of subdivision (c) of Section 1170.12.
39(4) Any crime where the person eligible for release from prison
40is classified as a High Risk Sex Offender.
P33 1(5) Any crime where the person is required, as a condition of
2parole, to undergo treatment by the Department of Mental Health
3pursuant to Section 2962.
4(b) Notwithstanding any other
begin delete provision ofend delete law, all other
5offenders released from prison shall be placed on postrelease
6 supervision pursuant to Title 2.05 (commencing with
8(c) At any time during the period of parole of a person subject
9to this section, if any parole agent or peace officer has probable
10cause to believe that the parolee is violating any term or condition
11of his or her parole, the agent or officer may, without warrant or
12other process and at any time until the final disposition of the case,
13arrest the person and bring him or her before the court, or the court
14may, in its discretion, issue a warrant for that person’s arrest
15pursuant to Section 1203.2.
16(d) Upon review of the alleged violation and a finding of good
17cause that the parolee has committed a violation of law or violated
18his or her conditions of parole, the supervising parole agency may
19impose additional and appropriate conditions of supervision,
20including rehabilitation and treatment services and appropriate
21incentives for compliance, and impose immediate, structured, and
22intermediate sanctions for parole violations, including flash
23incarceration in a county jail. Periods of “flash incarceration,” as
24defined in subdivision (e) are encouraged as one method of
25punishment for violations of a parolee’s conditions of parole.
26Nothing in this section is intended to preclude referrals to a reentry
27court pursuant to Section 3015.
28(e) “Flash incarceration” is a period of detention in county jail
29due to a violation of a parolee’s conditions of parole. The length
30of the detention period can range between one and 10 consecutive
31days. Shorter, but if necessary more frequent, periods of detention
32for violations of a parolee’s conditions of parole shall appropriately
33punish a parolee while preventing the disruption in a work or home
34establishment that typically arises from longer periods of detention.
35(f) If the supervising parole agency has determined, following
36application of its assessment processes, that intermediate sanctions
37up to and including flash incarceration are not appropriate, the
38supervising parole agency shall, pursuant to Section 1203.2,
39petition the court in the county in which the parolee is being
40supervised to revoke parole. At any point during the process initiated
2pursuant to this section, a parolee may waive, in writing, his or
3her right to counsel, admit the parole violation, waive a court
4hearing, and accept the proposed parole modification or revocation.
5The petition shall include a written report that contains additional
6information regarding the petition, including the relevant terms
7and conditions of parole, the circumstances of the alleged
8underlying violation, the history and background of the parolee,
9and any recommendations. The Judicial Council shall adopt forms
10and rules of court to establish uniform statewide procedures to
11implement this subdivision, including the minimum contents of
12supervision agency reports. Upon a finding that the person has
13violated the conditions of parole, the court shall have authority to
14do any of the following:
15(1) Return the person to parole supervision with modifications
16of conditions, if appropriate, including a period of incarceration
17in county jail.
18(2) Revoke parole and order the person to confinement in
begin delete theend delete
19 county jail.
20(3) Refer the person to a reentry court pursuant to Section 3015
21or other evidence-based program in the court’s discretion.
22(g) Confinement pursuant to paragraphs (1) and (2) of
23subdivision (f) shall not exceed a period of 180 days in
begin delete theend delete county
25(h) Notwithstanding any other
begin delete provision ofend delete law, in any case
26where Section 3000.1 or paragraph (4) of subdivision (b) of Section
273000 applies to a person who is on parole and the court determines
28that the person has committed a violation of law or violated his or
29her conditions of parole, the person on parole shall be remanded
30to the custody of the Department of Corrections and Rehabilitation
31and the jurisdiction of the Board of Parole Hearings for the purpose
32of future parole consideration.
subdivision (a), any of the following persons
34released from state prison shall be subject to the jurisdiction of,
35and parole supervision by, the Department of Corrections and
36Rehabilitation for a period of parole up to three years or the parole
37term the person was subject to at the time of the commission of
38the offense, whichever is greater:
39(1) The person is required to register as a sex offender pursuant
40to Chapter 5.5 (commencing with Section 290) of Title 9 of Part
P35 11, and was subject to a period of parole exceeding three years at
2the time he or she committed a felony for which
begin delete they wereend delete convicted and subsequently sentenced to state prison.
4(2) The person was subject to
parole for life pursuant to Section
53000.1 at the time of the commission of the offense that resulted
6in a conviction and state prison sentence.
7(j) Parolees subject to this section who have a pending
8adjudication for a parole violation on July 1, 2013, shall be subject
9to the jurisdiction of the Board of Parole Hearings. Parole
10revocation proceedings conducted by the Board of Parole Hearings
11prior to July 1, 2013, if reopened on or after July 1, 2013, shall be
12subject to the jurisdiction of the Board of Parole Hearings.
13(k) Except as described in subdivision (c), any person who is
14convicted of a felony that requires community supervision and
15who still has a period of state parole to serve shall discharge from
16state parole at the time of release to community supervision.
17(l) This section shall become operative on July 1, 2013.
(a) Commencing not earlier than July 1, 2011, and not
21later than December 15, 2012, the State Auditor shall establish a
22pilot program to audit six trial courts. That entity shall select the
23trial courts using the following criteria:
24(1) Two trial courts selected from counties with a population
25of 200,000 or less.
26(2) Two trial courts selected from counties with a population
27greater than 200,000 and less than 750,000.
28(3) Two trial courts selected from counties with a population
29of 750,000 or greater.
30The audits shall assess the implementation of this part by the
32(b) Based on the results of the pilot program audits described
33in subdivision (a), the State Auditor shall, on or before December
3415, 2013, commence an audit of the trial courts, provided that
35every trial court is audited in the manner prescribed by this section
36at least once every four years. The audits shall assess the
37implementation of this part by the judicial branch. The audits
38required by this paragraph shall be in addition to any audit regularly
39conducted pursuant to any other provision of law.
P36 1(c) Notwithstanding Section 10231.5 of the Government Code,
2the State Auditor shall compile the trial court audit findings and
3report the results of these audits to the Legislature, the Judicial
4Council, and the Department of Finance no later than April 1 of
5each year. An audit report shall not be considered final until the
6audited entity is provided a reasonable opportunity to respond and
7the response is included with, or incorporated into, the report.
8(d) The reasonable and necessary contracted cost of the audits
9conducted pursuant to this section shall be paid from funds of the
10local trial court being audited.
begin deleteOn or before December 15, 2013, and biennially the State
12thereafter, end delete
13Auditor shall perform an audit of the Administrative Office of the
14Courts, the Habeas Corpus Resource Center, and the appellate courts to assess their
16implementation of this part.
17(2) The State Auditor shall
18 provide a copy of the final audit report of the Administrative Office
19of the Courts to the Legislature, the Judicial Council, and the
20Department of Finance
begin delete upon issuanceend delete. An audit report shall not
21be considered final until the audited entity is provided a reasonable
22opportunity to respond and the response is included with, or
23incorporated into, the report.
24(3) Any reasonable and necessary contracted costs incurred by
25the auditing entity pursuant to this subdivision shall be reimbursed
26by the Administrative Office of the Courts.
30(f) The State Auditor shall conduct the audits required pursuant
31to this section in accordance with Chapter 6.5 (commencing with
32Section 8543) of Division 1 of Title 2 of the Government Code.
33(g) If the State Auditor is selected as the auditing entity pursuant
34to subdivision (j) of Section 77206 of the Government Code, then
35the State Auditor may combine the results of any audit of a trial
36court conducted pursuant to that section with an audit of the same
37trial court conducted pursuant to this section. The State Auditor
38may also combine the results of an audit of the Administrative
39Office of the Courts pursuant to Section 77206 of the Government
P37 1Code with the results of an audit of the Administrative Office of
2the Courts pursuant to this section.
3(h) A report submitted pursuant to this section shall be submitted
4in compliance with Section 9795 of the Government Code.
(a) The board of supervisors may designate a county
33financial evaluation officer pursuant to Section 27750 of the
34Government Code to make financial evaluations of liability for
35reimbursement pursuant to Sections 207.2, 903, 903.1, 903.2,
36903.25, 903.3, and 903.5, and other reimbursable costs allowed
37by law, as set forth in this section.
begin delete anyend delete county where a board of supervisors has designated
39a county financial evaluation officer, the juvenile court shall, at
40the close of the disposition hearing, order any person liable for the
P40 1cost of support, pursuant to Section 903, the cost of legal services
2as provided for in Section 903.1, probation costs as provided for
3in Section 903.2, or any other reimbursable costs allowed under
4this code, to appear before the county financial evaluation officer
5for a financial evaluation of his or her ability to pay those
begin delete costs; the responsible person is not present at the
6and ifend delete
7disposition hearing, the court shall cite him or her to appear for
begin delete suchend delete a financial evaluation. In the case of a parent, guardian, or
9other person assessed for the costs of transport, food, shelter, or
10care of a minor under Section 207.2 or 903.25, the juvenile court
11shall, upon request of the county probation department, order the
12appearance of the parent, guardian, or other person before the
13county financial evaluation officer for a financial evaluation of his
14or her ability to pay the costs assessed.
15If the county financial evaluation officer determines that a person
16so responsible has the ability to pay all or part of the costs, the
17county financial evaluation officer shall petition the court for an
18order requiring the person to pay that sum to the county or court,
19depending on which entity incurred the expense. If the parent or
20guardian is liable for costs for legal services pursuant to Section
21903.1, the parent or guardian has been reunified with the child
22pursuant to a court order, and the county financial evaluation officer
23determines that repayment of the costs would harm the ability of
24the parent or guardian to support the child, then the county financial
25evaluation officer shall not petition the court for an order of
26repayment, and the court shall not make that order. In addition, if
27the parent or guardian is currently receiving reunification services,
28and the court finds that
29repayment by the parent or guardian will pose a barrier to
30reunification with the child because it will limit the ability of the
31parent or guardian to comply with the requirements of the
32reunification plan or compromise the parent’s or guardian’s current
33or future ability to meet the financial needs of the child, or in any
34case in which the court finds that the repayment would be unjust
35under the circumstances of the case, the court shall not order repayment by the parent
38or guardian. In evaluating a person’s ability to pay under this
39section, the county financial evaluation officer and the court shall
40take into consideration the family’s income, the necessary
P41 1obligations of the family, and the number of persons dependent
2upon this income.
begin delete Anyend delete person appearing for a financial
begin delete shall haveend delete the right to dispute the county financial
4evaluation officer’s determination, in which case he or she
begin delete shall entitled to a hearing before the juvenile court. The county
6financial evaluation officer at the time of the financial evaluation
7 shall advise
begin delete such aend delete person of his or her right to a hearing and
8of his or her rights pursuant to subdivision (c).
9At the hearing,
begin delete anyend delete person begin delete soend delete responsible for costs begin delete shall beend delete
10 entitled to have, but shall not be limited to, the opportunity to be
11heard in person, to present witnesses and other documentary
12evidence, to confront and cross-examine adverse witnesses, to
13disclosure of the evidence against him or her, and to receive a
14written statement of the findings of the court. The person
begin delete shall the right to be represented by counsel, and,
begin delete whenend delete the
16person is unable to afford counsel, the right to appointed counsel.
17If the court determines that the person has the ability to pay all or
18part of the costs, including the costs of any counsel appointed to
19represent the person at the hearing, the court shall set the amount
20to be reimbursed and order him or her to pay that sum to the county
21or court, depending on which entity incurred the expense, in a
22manner in which the court believes reasonable and compatible
23with the person’s financial ability.
24If the person
begin delete or personsend delete, after having been ordered to appear
25before the county financial evaluation officer,
begin delete haveend delete been given
26proper notice and
begin delete failend delete to appear as ordered, the county
27financial evaluation officer shall recommend to the court that
begin delete he,
be ordered to pay the full amount of the
28she, or theyend delete
29costs. Proper notice to
begin delete him, her, or themend delete shall contain
30all of the following:
begin delete he, she, or they haveend delete a right to a
32statement of the costs as soon as it is available.
begin deleteHis, her, or their end deleteprocedural rights under
34 Section 27755 of the Government Code.
35(3) The time limit within which
begin delete his, her, or theirend delete
36 appearance is required.
37(4) A warning that if
begin delete he, she, or they failend delete to
38appear before the county financial evaluation officer, the officer
39will recommend that the court order
begin delete him, her, or themend delete
40 to pay the costs in full.
P42 1If the county financial evaluation officer determines that the
begin delete or persons haveend delete the ability to pay all or a portion of
3these costs, with or without terms, and
begin delete he, she, or they concurend delete in this determination and begin delete agreeend delete to the terms
begin delete paymentsend delete, the county financial evaluation officer, upon
6his or her written evaluation and the person’s
begin delete or persons’end delete written
7 agreement, shall petition the court for an order requiring
begin delete him, her, to pay that sum to the county or the court in a
8or themend delete
begin delete whichend delete is reasonable and compatible with begin delete his, her, or financial ability. This order may be granted
11without further notice to the person
begin delete or personsend delete, provided a copy
12of the order is served on
begin delete him, her, or themend delete by mail.
13However, if the county financial evaluation officer cannot reach
14an agreement with the person
begin delete or personsend delete with respect to either the
15liability for the costs, the amount of the costs,
begin delete his, her, or theirend delete ability to pay the begin delete sameend delete, or the terms of payment,
17the matter shall be deemed in dispute and referred by the county
18financial evaluation officer back to the court for a hearing.
19(c) At any time prior to the satisfaction of a judgment entered
20pursuant to this section, a person against whom the judgment was
21entered may petition the rendering court to modify or vacate the
22judgment on the basis of a change in circumstances relating to his
23or her ability to pay the judgment.
24(d) Execution may be issued on the order in the same manner
25as on a judgment in a civil action, including any balance remaining
26unpaid at the termination of the court’s jurisdiction over the minor.
It is the intent of the Legislature to enact statutory
16changes relating to the Budget Act of 2013.