Amended in Assembly June 12, 2013

Senate BillNo. 75


Introduced by Committee on Budget and Fiscal Review

January 10, 2013


begin deleteAn act relating to the Budget Act of 2013. end deletebegin insertAn act to amend Section 116.232 of the Code of Civil Procedure, to amend Sections 12419.10, 68086, 68502.5, 68511.7, 70628, and 77203 of, and to add Section 68502.6 to, the Government Code, to amend Sections 1203.2, 1229, 1230, 1231, 1232, 1233, 1233.1, 1233.15, 1233.2, 1233.3, 1233.4, 1233.6, 1233.61, and 3000.08 of, and to repeal Section 1233.8 of, the Penal Code, to amend, repeal, and add Section 19210 of the Public Contract Code, and to amend Section 903.45 of the Welfare and Institutions Code, relating to courts, and making an appropriation therefor, to take effect immediately, bill related to the budget.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 75, as amended, Committee on Budget and Fiscal Review. begin deleteBudget Act of 2013. end deletebegin insertCourts.end insert

begin insert

(1) Existing law requires the small claims court to charge and collect a fee of $10 from the plaintiff for each defendant on whom the court clerk serves a copy of the plaintiff’s claim by mail.

end insert
begin insert

This bill would increase that fee to $15 for each defendant to whom a copy of the claim is mailed by the small claims court clerk.

end insert
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(2) Existing law requires the Controller, to the extent feasible, to offset any amount overdue and unpaid for a fine, penalty, assessment, bail, vehicle parking penalty, or court-ordered reimbursement for court-related services, from a person or entity, against any amount owing the person or entity by a state agency on a claim for a refund from the Franchise Tax Board under the Personal Income Tax Law or the Bank and Corporation Tax Law, from winnings in the California State Lottery, or from a cash payment of a claim for unclaimed property held by the state, as specified. Existing law requires the Controller to deduct and retain from any amount offset in favor of a city or county an amount sufficient to reimburse the administrative costs of processing the offset payment.

end insert
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This bill would prohibit the Controller and the Franchise Tax Board from conditioning a request for offset on the submission of a person’s social security number. The bill would additionally require the Controller to deduct and retain from any amount offset in favor of a court an amount sufficient to reimburse the administrative costs of processing the offset payment. The bill would authorize the Franchise Tax Board, if necessary to confirm the identity of a person before making an offset, and upon paying any necessary fees, to obtain a social security number from the Department of Motor Vehicles, as specified.

end insert
begin insert

(3) Existing law requires the Legislature to make an annual appropriation to the Judicial Council for the general operations of the trial courts based on the request of the Judicial Council, which is submitted to the Governor and the Legislature. Existing law requires the Judicial Council to retain the ultimate responsibility to adopt a budget and allocate funding for the trial courts. Existing law requires the Judicial Council to set a preliminary allocation for each trial court in July of each fiscal year and to finalize those allocations in January, as specified. Existing law, until June 30, 2014, authorizes a trial court to carry unexpended funds over from one fiscal year to the next. Existing law, commencing June 30, 2014, authorizes a trial court to carry over unexpended funds in an amount not to exceed 1% of the court’s operating budget from the prior fiscal year.

end insert
begin insert

This bill would require the Judicial Council to include an estimate of the available trial court reserves as of June 30 of the prior fiscal year when setting its July preliminary allocation and to offset each court’s allocation by the amount of reserves in excess of the amount authorized to be carried over, as specified. The bill would similarly require the Judicial Council to finalize its January allocations after review of available trial court reserves as of June 30 of the prior fiscal year and to offset each court’s allocation as described above. The bill would exempt certain funds from the calculation of the 1% authorized to be carried over from the prior fiscal year.

end insert
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(4) Existing law establishes the Trial Court Trust Fund to fund trial court operations, as specified.

end insert
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This bill would authorize the Administrative Office of the Courts (AOC) to make loans to the Trial Court Trust Fund from specified funds if the cash balance of the Trial Court Trust Fund is insufficient to support trial court operations during the fiscal year, but would prohibit the total amount of outstanding loans from exceeding $150,000,000, as specified. The bill would prohibit AOC from authorizing a loan pursuant to these provisions to provide cash resources to any court that has not first provided a balanced budget approved by the Judicial Council. The bill would also authorize the AOC to transfer funds from the Trial Court Trust Fund for the repayment of these loans and would prohibit the charge or payment of interest, as specified. The bill would require that all loans made pursuant to these provisions be repaid within 2 years, as provided.

end insert
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(5) Existing law requires, for each proceeding lasting less than one hour, a fee of $30 to be charged for the reasonable cost of the services of an official court reporter.

end insert
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This bill would require the proceeds of the fee to be distributed to the court in which the fee was collected.

end insert
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(6) Existing law, until January 1, 2017, requires each trial court, prior to adopting a baseline budget plan for the fiscal year, to provide the public notice of, and an opportunity for input on, through submission of written documents or a public hearing, the trial court’s proposed budget plan, and requires the baseline budget plan to be made available to the public at the courthouse and on the court’s public Internet Web site no less than 3 court days prior to the hearing or, if there is no hearing, prior to adoption of the plan.

end insert
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This bill would extend the operation of these provisions indefinitely.

end insert
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(7) Existing law provides the fee for an exemplification of a record is $20, in addition to other charges allowed.

end insert
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This bill would increase the fee to $50 for an exemplification, in addition to other charges allowed.

end insert
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(8) Existing law provides that a person released from prison after serving a term for certain crimes is subject to parole supervision, as specified, and the jurisdiction of the court where the person is released or resides for the purpose of hearing petitions to revoke parole and impose a term of custody.

end insert
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This bill would expand those provisions to provide that jurisdiction for that purpose also includes the jurisdiction of the court in any county where the supervised person is arrested. The bill would make additional conforming changes relating to persons subject to mandatory supervision and postrelease community supervision, as specified.

end insert
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(9) Existing law, the California Community Corrections Performance Incentives Act of 2009, authorizes each county to establish a Community Corrections Performance Incentives Fund, and authorizes the state to annually allocate moneys into a State Community Corrections Performance Incentives Fund to be used for specified purposes relating to improving local probation supervision practices and capacities, as specified. The act defines “community corrections” for these purposes to mean the placement of persons convicted of a felony offense under probation supervision, with conditions imposed by a court for a specified period.

end insert
begin insert

This bill would expand those provisions to additionally include within “community corrections” the placement of persons convicted of a felony offense under mandatory supervision or postrelease community supervision, as specified. The bill would make additional conforming changes.

end insert
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(10) Existing law, until January 1, 2015, requires the Administrative Office of the Courts, in consultation with the Chief Probation Officers of California, to specify and define minimum required outcome-based measures, which shall include, among other things, the percentage of persons on felony probation who are being supervised in accordance with evidence-based practices. Existing law requires the Administrative Office of the Courts, in consultation with the Chief Probation Officer of each county and the Department of Corrections and Rehabilitation, to provide a quarterly statistical report to the Department of Finance, including statistical information pertaining to felons and persons on felony probation for each county.

end insert
begin insert

This bill would expand these provisions to include persons who were placed on mandatory supervision and postrelease community supervision on and after January 1, 2012, as specified. The bill would extend the operation of the provisions described in this paragraph indefinitely.

end insert
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(11) Existing law requires the AOC, in consultation with the Chief Probation Officers of California, the Department of Corrections and Rehabilitation, and the Department of Finance, to submit a report to the Governor and the Legislature pertaining to community corrections programs for felony probationers, as specified.

end insert
begin insert

This bill would expand these provisions to include data regarding persons who were placed on mandatory supervision and postrelease community supervision.

end insert
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(12) Existing law provides for a probation failure reduction incentive payment for each eligible county, and establishes 2 tiers for evaluating counties for purposes of calculating that payment. Existing law also provides high performance grants to county probation departments for purposes of bolstering practices to reduce recidivism.

end insert
begin insert

This bill would establish a 3rd tier for the purposes of calculating a probation failure reduction incentive payment. The bill would provide that a county that fails to submit specified required information to the AOC would not be eligible for the incentive payment or the grant, as specified. The bill would modify the funding and calculation of the incentive payments and grants. The bill would appropriate $1,000,000 from the State Community Corrections Performance Incentive Fund to the judicial branch for the costs of implementing and administering the probation failure reduction incentive payment, as specified.

end insert
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(13) Existing law, until January 1, 2015, requires after the conclusion of each calendar year, the Director of Finance, in consultation with the Department of Corrections and Rehabilitation, the Joint Legislative Budget Committee, the Chief Probation Officers of California, and the AOC, to calculate the probation failure rate for counties and for the state, as specified.

end insert
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This bill would additionally require calculation of mandatory supervision failure to prison rates and postrelease community supervision to failure to prison rates, for counties and for the state, as specified. The bill would extend the operation of these provisions indefinitely.

end insert
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(14) Existing law, commencing not earlier than July 1, 2011, and not later than December 15, 2012, requires the California State Auditor to establish a pilot program to audit 6 trial courts, as provided, and to commence an audit of the trial courts on or before December 15, 2013. It also requires, not later than December 15, 2013, and biennially thereafter, an audit of the AOC, the Habeas Corpus Resource Center, and the appellate courts.

end insert
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This bill would instead require the audit of the AOC, the Habeas Corpus Resource Center, the California Supreme Court, and the appellate courts to commence on or before July 1, 2013, and a copy of the final audit report of the AOC to be provided to specified entities on or before December 31, 2013. The bill would, on January 1, 2014, repeal these provisions, and would instead require the California State Auditor to biennially audit 5 judicial branch entities and the AOC, as specified, subject to an appropriation for this purpose, and to provide a final audit report to the judicial branch entity, the Legislature, the Judicial Council, and the Department of Finance, as provided.

end insert
begin insert

(15) Existing law authorizes the board of supervisors to designate a county financial evaluation officer to make financial evaluations of liability for reimbursement of the costs of support of a minor, as specified, and authorizes that officer to petition the court for an order requiring the person who is determined to be financially responsible to pay those costs. Under existing law, if the parent or guardian is currently receiving reunification services, and the court finds that repayment by the parent or guardian will pose a barrier to reunification with the child, as specified, the court shall not order repayment of those costs by the parent or guardian.

end insert
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This bill would prohibit the county financial officer from petitioning the court for an order of repayment of those costs, and the court from ordering that repayment, based upon either the finding of the court or the determination of the county financial officer, that repayment by the parent or guardian will pose a barrier to reunification with the child, as specified.

end insert
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(16) This bill would also require the Judicial Council to report to the appropriate budget and policy committees of the Legislature, the Joint Legislative Budget Committee, the Legislative Analyst’s Office, and the Department of Finance, on or before June 30, 2014, on an evaluation of the Long Beach court building performance-based infrastructure project, as specified.

end insert
begin insert

(17) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

end insert
begin delete

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2013.

end delete

Vote: majority. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P6    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 116.232 of the end insertbegin insertCode of Civil Procedureend insert
2begin insert is amended to read:end insert

3

116.232.  

A fee ofbegin delete ten dollars ($10)end deletebegin insert fifteen dollars ($15)end insert 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
3collected.

4begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 12419.10 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
5to read:end insert

6

12419.10.  

(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 deletebegin insert Neither the
17Controller nor the Franchise Tax Board shall condition a request
18for offset on the submission of a person’s social security number.
19If sufficientend insert
funds arebegin insert notend insert 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 citybegin delete orend deletebegin insert,end insert countybegin insert, or courtend insert 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.

begin insert

39(d) If necessary to confirm the identity of a person before making
40an offset, the Franchise Tax Board may, upon paying any necessary
P8    1fees, obtain a social security number from the Department of Motor
2Vehicles, as authorized by subdivision (f) of Section 1653.5 of the
3Vehicle Code.

end insert
begin delete

4(d)

end delete

5begin insert(e)end insert Notwithstanding Chapter 3.5 (commencing with Section
66250) of Division 7 of Title 1, or any otherbegin delete provision ofend delete law, the
7social security number ofbegin delete anyend deletebegin insert aend insert 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 forbegin delete anyend deletebegin insert anend insert unpaid vehicle parking penalty
12orbegin delete anyend deletebegin insert anend insert 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
23Californiabegin insert Stateend insert Lottery Commission.

24begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 68086 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
25read:end insert

26

68086.  

(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.begin insert The proceeds of the fee shall be
32distributed to the court in which the fee was collected.end insert

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
11following:

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
23 proceedings.

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.

29begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 68502.5 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
30to read:end insert

31

68502.5.  

(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
26this paragraph.

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
29year begin delete based on an estimate or an actual amount of available trial
30court resources in that fiscal yearend delete
.begin insert The preliminary allocation shall
31include an estimate of available trial court reserves as of June 30
32of the prior fiscal year and each court’s preliminary allocation
33shall be offset by the amount of reserves in excess of the amount
34authorized to be carried over pursuant to subdivision (b) of Section
3577203.end insert
In January of each fiscal year, after review of available
36trial courtbegin delete resources,end deletebegin insert reserves as of June 30 of the prior fiscal year,end insert
37 the Judicial Council shall finalize allocations to trial courtsbegin insert and
38each court’s finalized allocation shall be offset by the amount of
39reserves in excess of the amount authorized to be carried over
40pursuant to subdivision (b) of Section 77203end insert
.

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).

23begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 68502.6 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
24read:end insert

begin insert
25

begin insert68502.6.end insert  

(a) If the cash balance of the Trial Court Trust Fund
26is insufficient to support trial court operations during the fiscal
27year, the Administrative Office of the Courts may transfer funds
28from any fund identified in subdivision (c) as a loan to the Trial
29Court Trust Fund. The total amount of outstanding loans shall not
30exceed one hundred fifty million dollars ($150,000,000) at any
31time during the fiscal year. The Administrative Office of the Courts
32shall not authorize a loan pursuant to this section to provide cash
33resources to any court that has not first provided a balanced budget
34approved by the Judicial Council.

35(b) The Administrative Office of the Courts may transfer funds
36from the Trial Court Trust Fund for the repayment of the loan
37described in subdivision (a). Interest shall not be charged or paid
38on any loan authorized pursuant to this section and all loans shall
39be repaid within two years from the date on which the loan
40originated. The authority to transfer funds provided by this section
P13   1shall not interfere with the objectives for which the funds identified
2in subdivision (c) were created. This section shall not be construed
3to provide additional expenditure authority to the Trial Court Trust
4Fund.

5(c) Moneys in the following funds shall be available for transfer
6to the Trial Court Trust Fund as a loan for cash flow purposes:

7(1) The State Court Facilities Construction Fund.

8(2) The Immediate and Critical Needs Account of the State Court
9Facilities Construction Fund.

10(3) The Judicial Branch Workers’ Compensation Fund.

11(d) For each loan executed pursuant to this section, the
12Administrative Office of the Courts shall, no later than August 30
13of each year, report the following information to the Joint
14Legislative Budget Committee and the Department of Finance:

15(1) The date of the loan.

16(2) The amount loaned to each court.

17(3) The funding source of the loan.

18(4) The repayment date or proposed repayment date of the loan.

end insert
19begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 68511.7 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
20to read:end insert

21

68511.7.  

(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
31county.

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.

begin delete

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.

end delete
13begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 70628 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
14read:end insert

15

70628.  

For an exemplification of a record or other paper on
16file, the fee isbegin delete twenty dollars ($20)end deletebegin insert fifty dollars ($50),end insert in addition
17to the charges allowed for copying or comparing each page of the
18record or other paper.

19begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 77203 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
20read:end insert

21

77203.  

(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
26begin delete courtsend deletebegin insert court’send insert operating budget from the prior fiscal year.begin insert The
27calculation of the 1 percent authorized to be carried over from the
28previous fiscal year shall not include funds received by the court
29pursuant to the following:end insert

begin insert

30(1) Section 470.5 of the Business and Professions Code.

end insert
begin insert

31(2) Section 116.230 of the Code of Civil Procedure, except for
32those funds transmitted to the Controller for deposit in the Trial
33Court Trust Fund pursuant to subdivision (h) of that section.

end insert
begin insert

34(3) Subdivision (f) of Section 13963, Sections 26731, 66006,
3568090.8, 70640, 70678, and 76223, subdivision (b) of Section
3677207.5, and subdivision (h) of Section 77209.

end insert
begin insert

37(4) The portion of filing fees collected for conversion to
38micrographics pursuant to former Section 26863, as that section
39read immediately before its repeal, and Section 27361.4.

end insert
begin insert

P15   1(5) Sections 1027 and 1463.007, subdivision (a) of Section
21463.22, and Sections 4750 and 6005, of the Penal Code.

end insert
begin insert

3(6) Sections 11205.2 and 40508.6 of the Vehicle Code.

end insert
4begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 1203.2 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

5

1203.2.  

(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. Uponbegin 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 justicebegin 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
28begin delete suchend deletebegin insert thoseend insert 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
35of supervision.

36(b) (1) Upon its own motion or upon the petition of the
37supervised person, the probation or parole officerbegin insert,end insert or the district
38attorneybegin 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.begin insert The court has jurisdiction
2to hear the motion or petition in the county in which the person is
3supervised, or, for those persons on parole, either the county of
4supervision or the county in which the supervised person is
5arrested.end insert
A person supervised on parole or postrelease community
6supervision pursuant to Section 3455begin delete mayend deletebegin insert shallend insert 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 parolebegin insert for a supervised person who resides
12in, or has been arrested in, the countyend insert
. 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 creditsbegin 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 Facilitiesbegin insert,end insert if he or she is
18otherwise eligible forbegin delete suchend deletebegin insert thatend insert 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 orderbegin delete whichend deletebegin insert thatend insert 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
30following conviction.

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
39the following:

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
71170.

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
11Section 3000.08.

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.

17begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 1229 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

18

1229.  

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
21conditions imposed by a courtend delete
begin insert mandatory supervision, or
22postreleaseend insert
begin insert community supervisionend insert for a specified period.

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
26offense.

27(c) “Community corrections program” means a program
28established pursuant to this act consisting of a system ofbegin delete felony
29probation supervisionend delete
servicesbegin insert for felony offenders under local
30supervisionend insert
dedicated to all of the following goals:

31(1) Enhancing public safety through the management and
32reduction of offender risk while underbegin delete felony probationend deletebegin insert localend insert
33 supervision and upon reentry from jailbegin insert or prisonend insert into the
34community.

35(2) Providing a range ofbegin delete probationend delete supervision tools, sanctions,
36and services applied to felonybegin delete probationersend deletebegin insert offenders subject to
37local supervisionend insert
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 personsbegin delete placed on
7probationend delete
begin insert subject to local supervisionend insert for a felony offense, as
8measured by their successful completion ofbegin delete probationend deletebegin insert the period
9of local supervisionend insert
and the commensurate reduction in the rate
10ofbegin delete felony probationersend deletebegin insert offendersend insert sent to prison as a result of a
11begin delete probationend delete revocationbegin insert of supervisionend insert 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 underbegin delete probation,
15parole, or postreleaseend delete
begin insert localend insert supervision.

begin insert

16(e) “Local supervision” means the supervision of an adult felony
17offender on probation, mandatory supervision, or postrelease
18community supervision.

end insert
19begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 1230 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

20

1230.  

(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.

24(b) begin deleteIn end deletebegin insertNotwithstanding any other law, in end insertany 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
32Corrections Partnership.

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
36designee.

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
7programs.

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 tobegin delete probationend deletebegin insert local supervisionend insert, 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
20assessments.

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 intensivebegin delete probationend deletebegin insert localend insert 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.

33(4) begin deleteThe end deletebegin insertNotwithstanding any other law, the end insertCPO 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.

7begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 1231 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

8

1231.  

(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 personsbegin delete on felony probationend deletebegin insert subject to
16local supervisionend insert
who are being supervised in accordance with
17evidence-based practices.

18(2) The percentage of state moneys expended for programs that
19are evidence-based, and a descriptive list of all programs that are
20evidence-based.

21(3) Specification of supervision policies, procedures, programs,
22and practices that were eliminated.

23(4) The percentage of personsbegin delete on felony probationend deletebegin insert subject to
24local supervisionend insert
who successfully complete the period of
25begin delete probationend deletebegin insert supervisionend insert.

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 Courtsbegin delete and the Department of
29Corrections and Rehabilitationend delete
evaluating the effectiveness of the
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.

begin insert

14(10) The number of felons who would have been subject to the
15sentencing provisions contained in paragraph (5) of subdivision
16(h) of Section 1170 if felony probation had not been granted,
17commencing January 1, 2012.

end insert
begin insert

18(11) The number of felons placed on postrelease community
19supervision, commencing January 1, 2012.

end insert
begin insert

20(12) The number of felons placed on mandatory supervision,
21commencing January 1, 2012.

end insert
begin insert

22(13) The mandatory supervision population, commencing
23January 1, 2012.

end insert
begin insert

24(14) The postrelease community supervision population,
25commencing January 1, 2012.

end insert
begin insert

26(15) The number of felons on postrelease community supervision
27sentenced to state prison for a conviction of a new felony offense,
28commencing January 1, 2012.

end insert
begin insert

29(16) The number of felons on mandatory supervision sentenced
30to state prison for a conviction of a new felony offense, commencing
31January 1, 2012.

end insert
begin insert

32(17) The number of felons who had their postrelease community
33supervision revoked and were sent to county jail for that
34revocation, commencing January 1, 2012.

end insert
begin insert

35(18) The number of felons on postrelease community supervision
36sentenced to county jail for a conviction of a new felony offense,
37including when postrelease community supervision was revoked
38or terminated, commencing January 1, 2012.

end insert
begin insert

P23   1(19) The number of felons who had their mandatory supervision
2revoked and were sentenced to county jail for that revocation,
3commencing January 1, 2012.

end insert
begin insert

4(20) The number of felons on mandatory supervision sentenced
5to county jail for a conviction of a new felony offense, including
6when mandatory supervision was revoked or terminated,
7commencing January 1, 2012.

end insert
8begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 1232 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

9

1232.  

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 ofbegin delete felony probationers whose probation was
21revokedend delete
begin insert offenders subject to local supervision whose supervision
22was revoked and who were sent to prison or jailend insert
for the year on
23which the report is being made.

24(c) The percentage ofbegin delete felony probationersend deletebegin insert offenders subject to
25local supervisionend insert
who were convicted of crimes during their term
26ofbegin delete probationend deletebegin insert supervisionend insert for the year on which the report is being
27made.

28(d) The impact of the moneys appropriated pursuant to this act
29to enhance public safety by reducing the percentage and number
30ofbegin delete felony probationersend deletebegin insert offenders subject to local supervisionend insert whose
31begin delete probationend deletebegin insert supervisionend insert was revoked for the year being reported on
32forbegin delete probationend delete violations or new convictions, and to reduce the
33number ofbegin delete felony probationersend deletebegin insert offenders subject to local
34supervisionend insert
who arebegin delete sentend deletebegin insert sentencedend insert to prisonbegin insert or jail for a new
35convictionend insert
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.

39begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 1233 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

P24   1

1233.  

(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, shallbegin insert, for each county,end insert
5 calculatebegin 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.

18begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 1233.1 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

19

1233.1.  

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
26on parolebegin delete a probationerend deletebegin insert an offender who fails end insertbegin insertlocal supervision
27and isend insert
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 forbegin delete probationersend deletebegin insert offenders subject to local
30supervisionend insert
, as well as the associated parole revocation rates, and
31revocation costs.

32(b) begin insert(1)end insertbegin insertend insert The statewide probationbegin delete to prisonend deletebegin insert failureend insert rate. The
33statewide probation failurebegin 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 insert

37(2) The statewide probation failure rate for the 2012 calendar
38year shall be calculated as the total number of adult felony
39probationers statewide sent to prison, or to jail pursuant to
40paragraph (5) of subdivision (h) of Section 1170, as a percentage
P25   1of the average statewide adult felony probation population for that
2year.

end insert

3(c) begin insert(1)end insertbegin insertend insert A probation failurebegin delete to prisonend delete rate for each county. Each
4county’s probation failurebegin 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.

begin insert

8(2) The probation failure rate for each county for the 2012
9calendar year shall be calculated as the total number of adult
10felony probationers sent to prison, or to jail pursuant to paragraph
11(5) of subdivision (h) of Section 1170, from that county as a
12percentage of the county’s average adult felony probation
13population for that year.

end insert

14(d) An estimate of the number of adult felony probationers each
15county successfully prevented from beingbegin delete sent to prisonend delete
16begin insert incarceratedend insert. For each county, this estimate shall be calculated
17based on the reduction in the county’s probation failurebegin 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) begin insert(1)end insertbegin insertend insert In calculating probation failurebegin 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.

begin insert

37(2) In calculating probation failure rates for the state and
38individual counties for the 2012 calendar year, the number of adult
39felony probationers sent to prison, or to jail pursuant to paragraph
40(5) of subdivision (h) of Section 1170, shall include those adult
P26   1felony probationers sent to prison, or to jail pursuant to paragraph
2(5) of subdivision (h) of Section 1170, for a revocation of
3probation, as well as adult felony probationers sent to prison, or
4to jail pursuant to paragraph (5) of subdivision (h) of Section 1170,
5for a conviction of a new felony offense. The calculation shall also
6include adult felony probationers who are sent to prison, or to jail
7pursuant to paragraph (5) of subdivision (h) of Section 1170, for
8a conviction of a new crime and who simultaneously have their
9probation terms terminated.

end insert
begin insert

10(f) The statewide mandatory supervision failure to prison rate.
11The statewide mandatory supervision failure to prison rate shall
12be calculated as the total number of offenders supervised under
13mandatory supervision statewide sent to prison in the previous
14 year as a percentage of the average statewide mandatory
15supervision population for that year.

end insert
begin insert

16(g) A mandatory supervision failure to prison rate for each
17county. Each county’s mandatory supervision failure to prison
18rate shall be calculated as the number of offenders supervised
19under mandatory supervision sent to prison from that county in
20the previous year as a percentage of the county’s average
21mandatory supervision population for that year.

end insert
begin insert

22(h) The statewide postrelease community supervision failure to
23prison rate. The statewide postrelease community supervision
24failure to prison rate shall be calculated as the total number of
25offenders supervised under postrelease community supervision
26statewide sent to prison in the previous year as a percentage of
27the average statewide postrelease community supervision
28population for that year.

end insert
begin insert

29(i) A postrelease community supervision failure to prison rate
30for each county. Each county’s postrelease community supervision
31failure to prison rate shall be calculated as the number of offenders
32supervised under postrelease community supervision sent to prison
33from that county in the previous year as a percentage of the
34county’s average postrelease community supervision population
35for that year.

end insert
36begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 1233.15 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
37read:end insert

38

1233.15.  

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 realignmentbegin insert, and
6may also take into consideration the data calculated pursuant to
7subdivisions (f) to (i), inclusive, of Section 1233.1end insert
. The revised
8formula may include adjustments to the baseline failure rate for
9each county.

10begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 1233.2 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

11

1233.2.  

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 beingbegin delete sent to state prisonend delete
19begin insert incarceratedend insert, as provided in subdivision (d) of Section 1233.1.
20The tiers shall be defined as follows:

21(a) Tier 1. A Tier 1 county is onebegin delete whichend deletebegin insert thatend insert has a probation
22failure rate, as defined in subdivision (c) of Section 1233.1,begin delete that
23isend delete
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 onebegin delete whichend deletebegin insert thatend insert has a probation
26failure rate, as defined in subdivision (c) of Section 1233.1,begin delete that
27isend delete
more than 25 percent above the statewide probation failure rate,
28as defined in subdivision (b) of Section 1233.1begin insert, end insertbegin insertbutend insertbegin insert less than or
29equal to the 2006end insert
begin insert-08 established baseline rate of 7.88 percentend insert.

begin insert

30(c) Tier 3. A Tier 3 county is one that has a probation failure
31rate higher than the 2006-08 established baseline rate of 7.88
32percent.

end insert
33begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 1233.3 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

34

1233.3.  

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 beingbegin delete sent to prisonend deletebegin insert incarceratedend insert, 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 beingbegin delete sent to prisonend deletebegin insert incarceratedend insert, 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.

begin insert

17(c) For a county identified as being in Tier 3, as defined in
18subdivision (c) of Section 1233.2, its probation failure reduction
19incentive payment shall equal the estimated number of probationers
20successfully prevented from being incarcerated, as defined by
21subdivision (d) of Section 1233.1, multiplied by 30 percent of the
22costs to the state to incarcerate in prison and supervise on parole
23a probationer who was sent to prison, as defined in subdivision
24(a) of Section 1233.1.

end insert
begin insert

25(d) A county that fails to provide information specified in Section
261231 to the Administrative Office of the Courts shall not be eligible
27for a probation failure reduction incentive payment.

end insert
28begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 1233.4 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

29

1233.4.  

(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
32this section.

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 thebegin delete savings to the state attributed to
38thoseend delete
begin insert total statewide estimated number of probationers successfully
39prevented from being incarcerated forend insert
counties that successfully
40reduce the number of adult felony probationersbegin delete sent to state prisonend delete
P29   1begin insert incarcerated end insertbegin insertmultiplied by the costs to the state to incarcerate in
2prison and supervise on parole a probationer who was sent to
3prison, as defined in subdivision (a) of Section 1233.1end insert
.

4(c) Thebegin delete savingsend deletebegin insert amountend insert 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
8felony probationers.

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 paymentbegin insert, as provided in Section 1233.3,end insert
15 and a high performance grant paymentbegin delete as provided for in Section
161233.3end delete
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.

begin insert

31(g) A county that fails to provide the information specified in
32Section 1231 to the Administrative Office of the Courts shall not
33be eligible for a high performance grant payment.

end insert
34begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 1233.6 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

35

1233.6.  

(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
39quarterly payments.

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 probationbegin delete revocationend deletebegin insert failure reductionend insert 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
18providing probationbegin delete revocationend deletebegin insert failure reductionend insert 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.

begin insert

3(e) The amount of one million dollars ($1,000,000) is hereby
4appropriated from the State Community Corrections Performance
5Incentive Fund to the judicial branch for the costs of implementing
6and administering this program, pursuant to subdivision (c), and
7the 2011 realignment legislation addressing public safety. These
8funds shall be available for encumbrance and expenditure until
9June 30, 2014.

end insert
10begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 1233.61 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
11read:end insert

12

1233.61.  

Notwithstanding any otherbegin 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).

begin insert

23(b) The Department of Finance shall adjust the award amount
24for any county that has a probation failure rate, as defined in
25subdivision (c) of Section 1233.1, that is below the statewide
26average, as defined in subdivision (b) of Section 1233.1, so that
27these counties receive no less than two hundred thousand dollars
28($200,000).

end insert
begin delete

29(b)

end delete

30begin insert(c)end insert 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.

begin delete

34(c)

end delete

35begin insert(d)end insert At no time shall an award provided to a county through
36subdivisionbegin delete (b)end deletebegin insert (c)end insert exceed the amount of a grant award provided
37to counties that are eligible to receive increased award amounts
38pursuant to subdivision (a)begin insert or (b)end insert.

begin delete

39(d)

end delete

P32   1begin insert(e)end insert Any county receiving funding through subdivisionbegin delete (b)end deletebegin insert (c)end insert
2 shall submit a report to the Administrative Office of the Courts
3and the Chief Probation Officers of California describing howbegin delete they
4planend delete
begin insert it plansend insert on using the funds to enhancebegin delete theirend deletebegin insert itsend insert ability to be
5successful under this act.begin insert Commencing January 1, 2014, a county
6that fails to submit this report by March 1 annually shall not
7receive funding pursuant to subdivision (c) in the subsequent fiscal
8yearend insert
begin insert.end insert

begin delete

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.

end delete
begin insert

12(f) A county that fails to provide the information specified in
13Section 1231 to the Administrative Office of the Courts shall not
14be eligible for payment pursuant to this section.

end insert
15begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 1233.8 of the end insertbegin insertPenal Codeend insertbegin insert is repealed.end insert

begin delete
16

1233.8.  

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
19that date.

end delete
20begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 3000.08 of the end insertbegin insertPenal Codeend insertbegin insert, as amended by
21Section 35 of Chapter 43 of the Statutes of 2012, is amended to
22read:end insert

23

3000.08.  

(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 residesbegin insert,
29or any county in which the supervised person is arrested,end insert
for the
30purpose of hearing petitions to revoke parole and impose a term
31of custody:

32(1) A serious felony as described in subdivision (c) of Section
331192.7.

34(2) A violent felony as described in subdivision (c) of Section
35667.5.

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 otherbegin delete provision ofend delete law, all other
5offenders released from prison shall be placed on postrelease
6begin insert communityend insert supervision pursuant to Title 2.05 (commencing with
7Section 3450).

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
40supervisedbegin insert, or any county in which the supervised person is
P34   1arrested,end insert
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 inbegin 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 inbegin delete theend delete county
24jail.

25(h) Notwithstanding any otherbegin 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.

33(i) Notwithstanding 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 whichbegin delete they wereend deletebegin insert he or
3she wasend insert
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.

18begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 19210 of the end insertbegin insertPublic Contract Codeend insertbegin insert is amended
19to read:end insert

20

19210.  

(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
31judicial branch.

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.

11(e) (1) begin deleteOn or before December 15, 2013, and biennially
12thereafter, end delete
begin insertCommencing on or before July 1, 2013, end insertthe State
13Auditor shall perform an audit of the Administrative Office of the
14Courts, the Habeas Corpus Resource Center,begin insert the California
15Supreme Court,end insert
and the appellate courts to assess their
16implementation of this part.

17(2) The State Auditor shallbegin insert, on or before December 31, 2013,end insert
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 Financebegin 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.

begin delete

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.

end delete
begin insert

27(3) Each judicial branch entity shall pay all reasonable and
28necessary costs incurred by the State Auditor pursuant to this
29subdivision in auditing that entity.

end insert

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.

begin insert

5(i) This section shall remain in effect only until January 1, 2014,
6and as of that date is repealed, unless a later enacted statute, that
7is enacted before January 1, 2014, deletes or extends that date.

end insert
8begin insert

begin insertSEC. 25.end insert  

end insert

begin insertSection 19210 is added to the end insertbegin insertPublic Contract Codeend insertbegin insert,
9to read:end insert

begin insert
10

begin insert19210.end insert  

(a) The State Auditor shall do the following:

11(1) On or before March 15, 2014, and biennially thereafter,
12identify five judicial branch entities, excluding the Administrative
13Office of the Courts, for audit to assess the implementation of this
14part by the judicial branch entity based upon risk factors that
15include, but are not limited to, all of the following:

16(A) Significant changes in legal or other requirements that have
17occurred that impact compliance with this part.

18(B) The amount of time since the last audit performed of the
19identified judicial branch entity to assess its implementation and
20compliance with this part.

21(C) Previous audit results or known deficiencies.

22(D) Significant or unusual changes in management or high
23employee turnover.

24(E) The complexity and size of the judicial branch entity.

25(F) The level of sophistication and complexity of existing
26contracting practices and procedures.

27(G) The total volume and type of procurement made by the
28judicial branch entity compared with overall judicial branch
29procurement.

30(H) Substantial changes in total procurements, including, but
31not limited to, number and allotted amount, from one year to the
32 next.

33(2) On or before March 15 of the year in which the judicial
34branch entities are identified pursuant to paragraph (1), notify
35the Joint Legislative Budget Committee and the Joint Legislative
36Audit Committee of the five judicial branch entities identified and
37the estimated cost to conduct an audit of each judicial branch
38entity.

39(3) On or before July 1 of the year in which the judicial branch
40entities are identified, commence an audit of each identified judicial
P38   1branch entity, subject to an appropriation for this audit whereby
2moneys are allocated in the annual Budget Act to one or more
3funds that are available for use by judicial branch entities. Upon
4completion of the final audit report, as identified in paragraph
5(4), the Administrative Office of the Courts shall reimburse the
6California State Auditor for the actual costs of the work performed.

7(4) Provide the judicial branch entity with a reasonable
8opportunity to respond to the findings of the audit. An audit report
9shall not be considered final until this opportunity is provided and
10any response is included or incorporated into the audit report.

11(5) On or before January 15 of the fiscal year for which the
12appropriation for the audit was made, report the judicial branch
13entity audit findings, including any response by the judicial branch
14entity, to the judicial branch entity, the Legislature, the Judicial
15Council, and the Department of Finance.

16(6) Annually provide updates to the Legislature on the status
17of the judicial branch entity implementation of an audit
18recommendation.

19(b) If, on or before March 15 of the year in which the judicial
20 branch entities are identified pursuant to subdivision (a), the
21California State Auditor identifies, on the basis of the risk factors
22described in subdivision (a), judicial branch entities for audit in
23addition to the five identified pursuant to subdivision (a) and
24notifies the Joint Legislative Budget Committee and the Joint
25Legislative Audit Committee of these additional entities, along
26with the estimated cost of each audit, and an appropriation is made
27for this purpose in the same manner as described in paragraph
28(3) of subdivision (a), the California State Auditor shall then audit
29the additional judicial branch entities and provide a final audit
30report as described in paragraphs (4) and (5) of subdivision (a).

31(c) On or before July 1, 2015, and biennially thereafter, the
32California State Auditor shall commence an audit of the
33Administrative Office of the Courts, to assess the implementation
34of, and compliance with, this part, subject to an appropriation by
35the Legislature to the Judicial Council for transfer to the State
36Audit Fund for this purpose, and provide a final audit report in
37the manner described in paragraphs (4) and (5) of subdivision (a).

38(d) The California State Auditor may follow up on a prior audit
39finding at any time.

P39   1(e) The California State Auditor shall conduct an audit pursuant
2to this section in accordance with Chapter 6.5 (commencing with
3Section 8543) of Division 1 of Title 2 of the Government Code.
4Pursuant to Section 8546.2 of the Government Code, the California
5State Auditor shall request updates from an audited judicial branch
6entity regarding its progress in implementing audit
7recommendations made pursuant to this section. The audited
8judicial branch entity shall provide these updates at intervals
9prescribed by the California State Auditor so that the California
10State Auditor may conduct appropriate followup activities.

11(f) Moneys that have been transferred to the State Audit Fund
12pursuant to this section to audit a specific judicial branch entity,
13but have not been expended by the California State Auditor at the
14time the California State Auditor provides its final audit report
15for that judicial branch entity, shall revert back to the fund from
16which the moneys were transferred.

17(g) A report submitted pursuant to this section shall be submitted
18in compliance with Section 9795 of the Government Code.

19(h) If the California State Auditor is selected as the auditing
20entity pursuant to subdivision (j) of Section 77206 of the
21Government Code, then the California State Auditor may combine
22the results of an audit of a trial court conducted pursuant to that
23section with an audit of the same trial court conducted pursuant
24to this section. The California State Auditor may also combine the
25results of an audit of the Administrative Office of the Courts
26pursuant to Section 77206 of the Government Code with the results
27of an audit of the Administrative Office of the Courts pursuant to
28this section.

29(i) This section shall become operative on January 1, 2014.

end insert
30begin insert

begin insertSEC. 26.end insert  

end insert

begin insertSection 903.45 of the end insertbegin insertWelfare and Institutions Codeend insert
31begin insert is amended to read:end insert

32

903.45.  

(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.

38(b) Inbegin delete anyend deletebegin insert aend insert 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 thosebegin delete costs;
6and ifend delete
begin insert costs. Ifend insert the responsible person is not present at the
7disposition hearing, the court shall cite him or her to appear for
8begin 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 findsbegin insert, or the county financial officer determines,end insert 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,begin insert then the county financial
36evaluation officer shall not petition the court for an order of
37repayment, andend insert
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 deletebegin insert Aend insert person appearing for a financial
3evaluationbegin delete shall haveend deletebegin insert hasend insert the right to dispute the county financial
4evaluation officer’s determination, in which case he or shebegin delete shall
5beend delete
begin insert isend insert entitled to a hearing before the juvenile court. The county
6financial evaluation officerbegin insert,end insert at the time of the financial evaluationbegin insert,end insert
7 shall advisebegin delete such aend deletebegin insert theend insert 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 deletebegin insert aend insert personbegin delete soend delete responsible for costsbegin delete shall beend deletebegin insert isend insert
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 personbegin delete shall
15haveend delete
begin insert hasend insert the right to be represented by counsel, and,begin delete whenend deletebegin insert ifend insert 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 personbegin delete or personsend delete, after having been ordered to appear
25before the county financial evaluation officer,begin delete haveend deletebegin insert hasend insert been given
26proper notice andbegin delete failend deletebegin insert failsend insert to appear as ordered, the county
27financial evaluation officer shall recommend to the court thatbegin delete he,
28she, or theyend delete
begin insert the personend insert be ordered to pay the full amount of the
29costs. Proper notice tobegin delete him, her, or themend deletebegin insert the personend insert shall contain
30all of the following:

31(1) Thatbegin delete he, she, or they haveend deletebegin insert the person hasend insert a right to a
32statement of the costs as soon as it is available.

33(2) begin deleteHis, her, or their end deletebegin insertThe person’s end insertprocedural rights under
34 Section 27755 of the Government Code.

35(3) The time limit within whichbegin delete his, her, or theirend deletebegin insert the person’send insert
36 appearance is required.

37(4) A warning that ifbegin delete he, she, or they failend deletebegin insert the person failsend insert to
38appear before the county financial evaluation officer, the officer
39will recommend that the court orderbegin delete him, her, or themend deletebegin insert the personend insert
40 to pay the costs in full.

P42   1If the county financial evaluation officer determines that the
2personbegin delete or persons haveend deletebegin insert hasend insert the ability to pay all or a portion of
3these costs, with or without terms, andbegin delete he, she, or they concurend deletebegin insert the
4person concursend insert
in this determination andbegin delete agreeend deletebegin insert agreesend insert to the terms
5ofbegin delete paymentsend deletebegin insert paymentend insert, the county financial evaluation officer, upon
6his or her written evaluation and the person’sbegin delete or persons’end delete written
7 agreement, shall petition the court for an order requiringbegin delete him, her,
8or themend delete
begin insert the personend insert to pay that sum to the county or the court in a
9mannerbegin delete whichend deletebegin insert thatend insert is reasonable and compatible withbegin delete his, her, or
10theirend delete
begin insert the person’send insert financial ability. This order may be granted
11without further notice to the personbegin delete or personsend delete, provided a copy
12of the order is served onbegin delete him, her, or themend deletebegin insert the personend insert by mail.

13However, if the county financial evaluation officer cannot reach
14an agreement with the personbegin delete or personsend delete with respect to either the
15liability for the costs, the amount of the costs,begin delete his, her, or theirend deletebegin insert the
16person’send insert
ability to pay thebegin delete sameend deletebegin insert costsend insert, 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.

27begin insert

begin insertSEC. 27.end insert  

end insert
begin insert

The Judicial Council shall report to the appropriate
28budget and policy committees of the Legislature, the Joint
29Legislative Budget Committee, the Legislative Analyst’s Office,
30and the Department of Finance, on or before June 30, 2014, on
31an evaluation of the Long Beach court building performance based
32infrastructure project. The evaluation shall assess the
33implementation of the project agreement and compare the project
34to other court construction projects the Judicial Council has
35pursued using the traditional public sector approach. The
36evaluation shall address whether the project was a cost-effective
37approach compared to the Judicial Council’s other court
38construction projects. The evaluation shall include, but not be
39limited to, all of the following elements:

end insert
begin insert

P43   1(a) Evaluation of the project company and its design-build
2implementation of the project agreement relative to the
3requirements of the agreement.

end insert
begin insert

4(b) Comparison of the assumptions included in the project’s
5final value for money analysis, which was submitted to the
6Legislature in a report dated January 24, 2011, to the project’s
7actual costs to date as well as projected costs incurred under the
8life of the contract. The comparison shall address assumptions
9that were made about the project site, timing, capital and operating
10costs, financing and revenues, and project risks. The comparison
11shall describe, for each of the project risks that were identified in
12the Value for Money analysis, whether the risk was realized and
13if a cost was imposed on the project company or the Judicial
14Council as a result.

end insert
begin insert

15(c) Identification of costs that occurred in the project for the
16project company and the Judicial Council that were not identified
17in the value for money analysis.

end insert
begin insert

18(d) Description of major challenges encountered by the project
19and how those issues were resolved.

end insert
begin insert

20(e) Description of major changes to the project scope, budget,
21or timeline during the term of the project agreement, including
22changes that did or did not require renegotiation of the agreement,
23and the impact of those changes to the project, including cost
24impact.

end insert
begin insert

25(f) Assessment of the cost-effectiveness of the project compared
26to a minimum of three projects constructed as part of the courts
27construction program. The assessment shall consider the costs
28related to the construction, management, and operation of the
29court building that were experienced by the project company and
30the Judicial Council. The assessment shall also consider the
31timeliness of construction, the quality of the building, and the level
32of service provided by the project company in the project compared
33to buildings constructed and maintained by the Judicial Council.
34The information presented in this assessment shall include, but
35not be limited to, all of the following for each court construction
36project:

end insert
begin insert

37(1) Identification of all initial, final approved, and actual project
38costs for each phase of design and construction, including any
39cost increases and reasons for those increases.

end insert
begin insert

P44   1(2) Identification of the initial, final approved, and actual project
2timeline for each phase of design and construction, as well as all
3project delays and the reasons associated in causing the project
4delays.

end insert
begin insert

5(3) The total project management costs incurred by the Judicial
6Council, including for existing staff who worked on each project,
7distinguished by project activity.

end insert
begin insert

8(4) The total costs paid for contractors, distinguished by project
9activity.

end insert
10begin insert

begin insertSEC. 28.end insert  

end insert
begin insert

This act is a bill providing for appropriations related
11to the Budget Bill within the meaning of subdivision (e) of Section
1212 of Article IV of the California Constitution, has been identified
13as related to the budget in the Budget Bill, and shall take effect
14immediately.

end insert
begin delete
15

SECTION 1.  

It is the intent of the Legislature to enact statutory
16changes relating to the Budget Act of 2013.

end delete


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