BILL NUMBER: SB 75 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 12, 2013
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 10, 2013
An act relating to the Budget Act of 2013.
An act to amend Section 116.232 of the Code of Civil Procedure, to
amend Sec tions 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.
LEGISLATIVE COUNSEL'S DIGEST
SB 75, as amended, Committee on Budget and Fiscal Review.
Budget Act of 2013. Courts.
(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.
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.
(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.
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.
(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.
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.
(4) Existing law establishes the Trial Court Trust Fund to fund
trial court operations, as specified.
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.
(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.
This bill would require the proceeds of the fee to be distributed
to the court in which the fee was collected.
(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.
This bill would extend the operation of these provisions
indefinitely.
(7) Existing law provides the fee for an exemplification of a
record is $20, in addition to other charges allowed.
This bill would increase the fee to $50 for an exemplification, in
addition to other charges allowed.
(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.
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.
(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.
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.
(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.
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.
(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.
This bill would expand these provisions to include data regarding
persons who were placed on mandatory supervision and postrelease
community supervision.
(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.
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.
(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.
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.
(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.
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.
(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.
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.
(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.
(17) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2013.
Vote: majority. Appropriation: no yes
. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 116.232 of the Code
of Civil Procedure is amended to read:
116.232. A fee of ten dollars ($10)
fifteen dollars ($15) shall be charged and collected from the
plaintiff for each defendant to whom the court clerk mails a copy of
the claim under Section 116.340. This fee shall be distributed to the
court in which it was collected.
SEC. 2. Section 12419.10 of the
Government Code is amended to read:
12419.10. (a) (1) The Controller shall, to the extent feasible,
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 a cash payment of a claim for unclaimed property held by
the state. Standards and procedures for submission of requests for
offsets shall be as prescribed by the Controller. Whenever
insufficient Neither the Controller nor the Franchise
Tax Board shall condition a request for offset on the submission of a
person's social security number. If sufficient funds are
not available to satisfy an offset request, the Controller,
after first applying the amounts available to any amount due a state
agency, may allocate the balance among any other requests for offset.
(2) Any request for an offset for a vehicle parking penalty shall
be submitted within three years of the date the penalty was incurred.
This three year maximum term for refund offsets for parking tickets
applies to requests submitted to the Controller on or after January
1, 2004.
(b) Once an offset request for a vehicle parking penalty is made,
a local agency may not accrue additional interest charges, collection
charges, penalties, or other charges on or after the date that the
offset request is made. Payment of an offset request for a vehicle
parking penalty shall be made on the condition that it constitutes
full and final payment of that offset.
(c) The Controller shall deduct and retain from any amount offset
in favor of a city or , county ,
or court an amount sufficient to reimburse the Controller, the
Franchise Tax Board, the California State Lottery, and the Department
of Motor Vehicles for their administrative costs of processing the
offset payment.
(d) If necessary to confirm the identity of a person before making
an offset, the Franchise Tax Board may, upon paying any necessary
fees, obtain a social security number from the Department of Motor
Vehicles, as authorized by subdivision (f) of Section 1653.5 of the
Vehicle Code.
(d)
(e) Notwithstanding Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1, or any other
provision of law, the social security number of
any a person obtained pursuant to Section 4150,
4150.2, or 12800 of the Vehicle Code is not a public record and shall
only be provided by the Department of Motor Vehicles to an
authorized agency for the sole purpose of making an offset pursuant
to this section for any an unpaid
vehicle parking penalty or any an
unpaid fine, penalty, assessment, or bail of which the Department of
Motor Vehicles has been notified pursuant to subdivision (a) of
Section 40509 of the Vehicle Code or Section 1803 of the Vehicle
Code, responding to information requests from the Franchise Tax Board
for the purpose of tax administration, and responding to requests
for information from an agency, operating pursuant to and carrying
out the provisions of, Part A (Aid to Families with Dependent
Children), or Part D (Child Support and Establishment of Paternity)
of Subchapter IV of Chapter 7 of Title 42 of the United States Code.
As used in this section, "authorized agency" means the Controller,
the Franchise Tax Board, or the California State Lottery
Commission.
SEC. 3. Section 68086 of the Government
Code is amended to read:
68086. (a) The following provisions apply in superior court:
(1) In addition to any other fee required in civil actions or
cases:
(A) For each proceeding lasting less than one hour, a fee of
thirty dollars ($30) shall be charged for the reasonable cost of the
services of an official court reporter pursuant to Section 269 of the
Code of Civil Procedure. The proceeds of the fee shall be
distributed to the court in which the fee was collected.
(B) For each proceeding lasting more than one hour, a fee equal to
the actual cost of providing that service shall be charged per
one-half day of services to the parties, on a pro rata basis, for the
services of an official court reporter on the first and each
succeeding judicial day those services are provided pursuant to
Section 269 of the Code of Civil Procedure.
(2) All parties shall deposit their pro rata shares of these fees
with the clerk of the court as specified by the court, but not later
than the conclusion of each day's court session.
(3) For purposes of this section, "one-half day" means any period
of judicial time, in excess of one hour, but not more than four
hours, during either the morning or afternoon court session.
(4) The costs for the services of the official court reporter
shall be recoverable as taxable costs by the prevailing party as
otherwise provided by law.
(5) The Judicial Council shall adopt rules to ensure all of the
following:
(A) That parties are given adequate and timely notice of the
availability of an official court reporter.
(B) That if an official court reporter is not available, a party
may arrange for the presence of a certified shorthand reporter to
serve as an official pro tempore reporter, the costs therefor
recoverable as provided in paragraph (4).
(C) That if the services of an official pro tempore reporter are
utilized pursuant to subparagraph (B), no other charge shall be made
to the parties.
(b) The fees collected pursuant to this section shall be used only
to pay the cost for services of an official court reporter in civil
proceedings.
(c) The Judicial Council shall report on or before February 1 of
each year to the Joint Legislative Budget Committee on the fees
collected by courts pursuant to this section and Section 68086.1 and
on the total amount spent for services of official court reporters in
civil proceedings statewide in the prior fiscal year.
SEC. 4. Section 68502.5 of the
Government Code is amended to read:
68502.5. (a) The Judicial Council may, as part of its trial court
budget process, seek input from groups and individuals as it deems
appropriate including, but not limited to, advisory committees and
the Administrative Director of the Courts. The trial court budget
process may include, but is not limited to, the following:
(1) The receipt of budget requests from the trial courts.
(2) The review of the trial courts' budget requests and evaluate
them against performance criteria established by the Judicial Council
by which a court's performance, level of coordination, and
efficiency can be measured.
(3) The annual adoption of the projected cost in the subsequent
fiscal year of court operations as defined in Section 77003 for each
trial court. This estimation shall serve as a basis for recommended
court budgets, which shall be developed for comparison purposes and
to delineate funding responsibilities.
(4) The annual approval of a schedule for the allocation of moneys
to individual courts and an overall trial court budget for
forwarding to the Governor for inclusion in the Governor's proposed
State Budget. The schedule shall be based on the performance criteria
established pursuant to paragraph (2), on a minimum standard
established by the Judicial Council for the operation and staffing of
all trial court operations, and on any other factors as determined
by the Judicial Council. This minimum standard shall be modeled on
court operations using all reasonable and available measures to
increase court efficiency. The schedule of allocations shall assure
that all trial courts receive funding for the minimum operating and
staffing standards before funding operating and staffing requests
above the minimum standards, and shall include incentives and rewards
for any trial court's implementation of efficiencies and cost saving
measures.
(5) The reallocation of funds during the course of the fiscal year
to ensure equal access to the trial courts by the public, to improve
trial court operations, and to meet trial court emergencies. Neither
the state nor the counties shall have any obligation to replace
moneys appropriated for trial courts and reallocated pursuant to this
paragraph.
(6) The allocation of funds in the State Trial Court Improvement
and Modernization Fund to ensure equal access to trial courts by the
public, to improve trial court operations, and to meet trial court
emergencies, as expressly authorized by statute.
(7) Upon approval of the trial courts' budget by the Legislature,
the preparation during the course of the fiscal year of allocation
schedules for payments to the trial courts, consistent with Section
68085, which shall be submitted to the Controller's office at least
15 days before the due date of any allocation.
(8) The establishment of rules regarding a court's authority to
transfer trial court funding moneys from one functional category to
another in order to address needs in any functional category.
(9) At the request of the presiding judge of a trial court, an
independent review of the funding level of the court to determine
whether it is adequate to enable the court to discharge its statutory
and constitutional responsibilities.
(10) From time to time, a review of the level of fees charged by
the courts for various services and prepare recommended adjustments
for forwarding to the Legislature.
(11) Provisions set forth in rules adopted pursuant to Section
77206 of the Government Code.
(b) Courts and counties shall establish procedures to allow for
the sharing of information as it relates to approved budget proposals
and expenditures that impact the respective court and county
budgets. The procedures shall include, upon the request of a court or
county, that a respective court or county shall provide the
requesting court or county a copy of its approved budget and, to the
extent possible, approved program expenditure component information
and a description of budget changes that are anticipated to have an
impact on the requesting court or county. The Judicial Council shall
provide to the Legislature on December 31, 2001, and yearly
thereafter, budget expenditure data at the program component level
for each court.
(c) (1) The Judicial Council shall retain the ultimate
responsibility to adopt a budget and allocate funding for the trial
courts and perform the other activities listed in subdivision (a)
that best assure their ability to carry out their functions, promote
implementation of statewide policies, and promote the immediate
implementation of efficiencies and cost saving measures in court
operations, in order to guarantee equal access to the courts.
(2) (A) When setting the allocations for trial courts, the
Judicial Council shall set a preliminary allocation in July of each
fiscal year based on an estimate or an actual amount of
available trial court resources in that fiscal year .
The preliminary allocation shall include an estimate of available
trial court reserves as of June 30 of the prior fiscal year and each
court's preliminary allocation shall be offset by the amount of
reserves in excess of the amount authorized to be carried over
pursuant to subdivision (b) of Section 77203. In January of
each fiscal year, after review of available trial court
resources, reserves as of June 30 of the prior fiscal
year, the Judicial Council shall finalize allocations to trial
courts and each court's finalized allocation shall be offset by
the amount of reserves in excess of the amount authorized
to be carried over pursuant to subdivision (b) of Section 77203
.
(B) Upon preliminary determination of the allocations to trial
courts pursuant to subparagraph (A), the Judicial Council shall set
aside 2 percent of the total funds appropriated in Program 45.10 of
Item 0250-101-0932 of the annual Budget Act and these funds shall
remain in the Trial Court Trust Fund. These funds shall be
administered by the Judicial Council and be allocated to trial courts
for unforeseen emergencies, unanticipated expenses for existing
programs, or unavoidable funding shortfalls. Unavoidable funding
shortfall requests for up to 1.5 percent of these funds shall be
submitted by the trial courts to the Judicial Council no later than
October 1 of each year. The Judicial Council shall, by October 31 of
each year, review and evaluate all requests submitted, select trial
courts to receive funds, and notify those selected trial courts. By
March 15 of each year, the Judicial Council shall distribute the
remaining funds if there has been a request from a trial court for
unforeseen emergencies or unanticipated expenses that has been
reviewed, evaluated, and approved. Any unexpended funds shall be
distributed to the trial courts on a prorated basis.
(C) The Judicial Council shall, no later than April 15 of each
year, report to the Legislature, pursuant to Section 9795 of the
Government Code, and to the Department of Finance all requests and
allocations made pursuant to subparagraph (B).
SEC. 5. Section 68502.6 is added to the
Government Code , to read:
68502.6. (a) If the cash balance of the Trial Court Trust Fund is
insufficient to support trial court operations during the fiscal
year, the Administrative Office of the Courts may transfer funds from
any fund identified in subdivision (c) as a loan to the Trial Court
Trust Fund. The total amount of outstanding loans shall not exceed
one hundred fifty million dollars ($150,000,000) at any time during
the fiscal year. The Administrative Office of the Courts shall not
authorize a loan pursuant to this section to provide cash resources
to any court that has not first provided a balanced budget approved
by the Judicial Council.
(b) The Administrative Office of the Courts may transfer funds
from the Trial Court Trust Fund for the repayment of the loan
described in subdivision (a). Interest shall not be charged or paid
on any loan authorized pursuant to this section and all loans shall
be repaid within two years from the date on which the loan
originated. The authority to transfer funds provided by this section
shall not interfere with the objectives for which the funds
identified in subdivision (c) were created. This section shall not be
construed to provide additional expenditure authority to the Trial
Court Trust Fund.
(c) Moneys in the following funds shall be available for transfer
to the Trial Court Trust Fund as a loan for cash flow purposes:
(1) The State Court Facilities Construction Fund.
(2) The Immediate and Critical Needs Account of the State Court
Facilities Construction Fund.
(3) The Judicial Branch Workers' Compensation Fund.
(d) For each loan executed pursuant to this section, the
Administrative Office of the Courts shall, no later than August 30 of
each year, report the following information to the Joint Legislative
Budget Committee and the Department of Finance:
(1) The date of the loan.
(2) The amount loaned to each court.
(3) The funding source of the loan.
(4) The repayment date or proposed repayment date of the loan.
SEC. 6. Section 68511.7 of the
Government Code is amended to read:
68511.7. (a) Prior to adopting a baseline budget plan for the
fiscal year, each trial court shall provide the public notice of, and
an opportunity for input on, the trial court's proposed budget plan,
consistent with the requirements of this section.
(b) The court shall allow public input by the submission of
written comments or by holding a public hearing on the trial court's
proposed baseline budget plan. Any public hearing shall be conducted
in a place reasonably accessible to the residents of the county in
which the court is located, and allow for public comment. The court
may conduct the public hearing at the courthouse in that county.
(c) (1) Prior to conducting a public hearing, the court shall make
the proposed baseline budget plan available to the public and
provide notice of the hearing date, time, and location, and the
opportunity to submit written comments. Notice of the hearing and the
opportunity to submit comments shall be by conspicuous posting
within or about the court's facilities, on the court's public
Internet Web site, and by electronic distribution to individuals that
have subscribed to the court's electronic distribution service. The
notice shall be posted not less than 10 court days prior to the date
of the hearing.
(2) The baseline budget plan shall be made available to the public
at the courthouse and on the court's public Internet Web site no
less than three court days prior to the hearing or, if there is no
hearing, adoption of the plan.
(d) This section shall not be construed to obligate courts to
provide responses to the comments presented at the public hearing or
to written comments received.
(e) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 7. Section 70628 of the Government
Code is amended to read:
70628. For an exemplification of a record or other paper on file,
the fee is twenty dollars ($20) fifty
dollars ($50), in addition to the charges allowed for copying
or comparing each page of the record or other paper.
SEC. 8. Section 77203 of the Government
Code is amended to read:
77203. (a) Prior to June 30, 2014, a trial court may carry over
all unexpended funds from the courts operating budget from the prior
fiscal year.
(b) Commencing June 30, 2014, a trial court may carry over
unexpended funds in an amount not to exceed 1 percent of the
courts court's operating budget from the prior
fiscal year. The calculation of the 1 percent authorized to be
carried over from the previous fiscal year shall not include funds
received by the court pursuant to the following:
(1) Section 470.5 of the Business and Professions Code.
(2) Section 116.230 of the Code of Civil Procedure, except for
those funds transmitted to the Controller for deposit in the Trial
Court Trust Fund pursuant to subdivision (h) of that section.
(3) Subdivision (f) of Section 13963, Sections 26731, 66006,
68090.8, 70640, 70678, and 76223, subdivision (b) of Section 77207.5,
and subdivision (h) of Section 77209.
(4) The portion of filing fees collected for conversion to
micrographics pursuant to former Section 26863, as that section read
immediately before its repeal, and Section 27361.4.
(5) Sections 1027 and 1463.007, subdivision (a) of Section
1463.22, and Sections 4750 and 6005, of the Penal Code.
(6) Sections 11205.2 and 40508.6 of the Vehicle Code.
SEC. 9. Section 1203.2 of the Penal
Code is amended to read:
1203.2. (a) At any time during the period of supervision of a
person (1) released on probation under the care of a probation
officer pursuant to this chapter, (2) released on conditional
sentence or summary probation not under the care of a probation
officer, (3) placed on mandatory supervision pursuant to subparagraph
(B) of paragraph (5) of subdivision (h) of Section 1170, (4) subject
to revocation of postrelease community supervision pursuant to
Section 3455, or (5) subject to revocation of parole supervision
pursuant to Section 3000.08, if any probation officer, parole
officer, or peace officer has probable cause to believe that the
supervised person is violating any term or condition of his or her
supervision, the officer may, without warrant or other process and at
any time until the final disposition of the case, rearrest the
supervised person and bring him or her before the court or the court
may, in its discretion, issue a warrant for his or her rearrest. Upon
such rearrest, or upon the issuance of a warrant
for rearrest the court may revoke and terminate the supervision of
the person if the interests of justice so require
and the court, in its judgment, has reason to believe from the report
of the probation or parole officer or otherwise that the person has
violated any of the conditions of his or her supervision, has become
abandoned to improper associates or a vicious life, or has
subsequently committed other offenses, regardless whether he or she
has been prosecuted for such those
offenses. However, the court shall not terminate parole pursuant to
this section. Supervision shall not be revoked for failure of a
person to make restitution imposed as a condition of supervision
unless the court determines that the defendant has willfully failed
to pay and has the ability to pay. Restitution shall be consistent
with a person's ability to pay. The revocation, summary or otherwise,
shall serve to toll the running of the period of supervision.
(b) (1) Upon its own motion or upon the petition of the supervised
person, the probation or parole officer , or the district
attorney of the county in which the person is supervised
, the court may modify, revoke, or terminate supervision of
the person pursuant to this subdivision, except that the court shall
not terminate parole pursuant to this section. The court has
jurisdiction to hear the motion or petition in the county in which
the person is supervised, or, for those persons on parole, either the
county of supervision or the county in which the supervised person
is arrested. A person supervised on parole or postrelease
community supervision pursuant to Section 3455 may
shall not petition the court pursuant to this section for
early release from supervision, and a petition under this section
shall not be filed solely for the purpose of modifying parole.
Nothing in this section shall prohibit the court from modifying
parole when acting on its own motion or a petition to revoke parole
for a supervised person who resides in, or has been arrested in,
the county . The court shall give notice of its motion, and
the probation or parole officer or the district attorney shall give
notice of his or her petition to the supervised person, his or her
attorney of record, and the district attorney or the probation or
parole officer, as the case may be. The supervised person shall give
notice of his or her petition to the probation or parole officer and
notice of any motion or petition shall be given to the district
attorney in all cases. The court shall refer its motion or the
petition to the probation or parole officer. After the receipt of a
written report from the probation or parole officer, the court shall
read and consider the report and either its motion or the petition
and may modify, revoke, or terminate the supervision of the
supervised person upon the grounds set forth in subdivision (a) if
the interests of justice so require.
(2) The notice required by this subdivision may be given to the
supervised person upon his or her first court appearance in the
proceeding. Upon the agreement by the supervised person in writing to
the specific terms of a modification or termination of a specific
term of supervision, any requirement that the supervised person make
a personal appearance in court for the purpose of a modification or
termination shall be waived. Prior to the modification or termination
and waiver of appearance, the supervised person shall be informed of
his or her right to consult with counsel, and if indigent the right
to secure court appointed counsel. If the supervised person waives
his or her right to counsel a written waiver shall be required. If
the supervised person consults with counsel and thereafter agrees to
a modification, revocation, or termination of the term of supervision
and waiver of personal appearance, the agreement shall be signed by
counsel showing approval for the modification or termination and
waiver.
(c) Upon any revocation and termination of probation the court
may, if the sentence has been suspended, pronounce judgment for any
time within the longest period for which the person might have been
sentenced. However, if the judgment has been pronounced and the
execution thereof has been suspended, the court may revoke the
suspension and order that the judgment shall be in full force and
effect. In either case, the person shall be delivered over to the
proper officer to serve his or her sentence, less any credits
herein provided for .
(d) In any case of revocation and termination of probation,
including, but not limited to, cases in which the judgment has been
pronounced and the execution thereof has been suspended, upon the
revocation and termination, the court may, in lieu of any other
sentence, commit the person to the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities , if he or
she is otherwise eligible for such that
commitment.
(e) If probation has been revoked before the judgment has been
pronounced, the order revoking probation may be set aside for good
cause upon motion made before pronouncement of judgment. If probation
has been revoked after the judgment has been pronounced, the
judgment and the order which that
revoked the probation may be set aside for good cause within 30 days
after the court has notice that the execution of the sentence has
commenced. If an order setting aside the judgment, the revocation of
probation, or both is made after the expiration of the probationary
period, the court may
again place the person on probation for that period and with those
terms and conditions as it could have done immediately following
conviction.
(f) As used in this section, the following definitions shall
apply:
(1) "Court" means a judge, magistrate, or revocation hearing
officer described in Section 71622.5 of the Government Code.
(2) "Probation officer" means a probation officer as described in
Section 1203 or an officer of the agency designated by the board of
supervisors of a county to implement postrelease community
supervision pursuant to Section 3451.
(3) "Supervised person" means a person who satisfies any of the
following:
(A) He or she is released on probation subject to the supervision
of a probation officer.
(B) He or she is released on conditional sentence or summary
probation not under the care of a probation officer.
(C) He or she is subject to mandatory supervision pursuant to
subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170.
(D) He or she is subject to revocation of postrelease community
supervision pursuant to Section 3455.
(E) He or she is subject to revocation of parole pursuant to
Section 3000.08.
(g) Nothing in this section affects the authority of the
supervising agency to impose intermediate sanctions, including flash
incarceration, to persons supervised on parole pursuant to Section
3000.8 or postrelease community supervision pursuant to Part 3
(commencing with Section 3450) of Title 2.05.
SEC. 10. Section 1229 of the Penal Code
is amended to read:
1229. As used in this chapter, the following definitions apply:
(a) "Community corrections" means the placement of persons
convicted of a felony offense under probation supervision,
with conditions imposed by a court mandatory
supervision, or postrelease community supervision
for a specified period.
(b) "Chief probation officer" or "CPO" means the chief probation
officer for the county or city and county in which an adult offender
is subject to probation for the conviction of a felony offense.
(c) "Community corrections program" means a program established
pursuant to this act consisting of a system of felony
probation supervision services for felony offenders
under local supervision dedicated to all of the following
goals:
(1) Enhancing public safety through the management and reduction
of offender risk while under felony probation
local supervision and upon reentry from jail or prison
into the community.
(2) Providing a range of probation supervision
tools, sanctions, and services applied to felony
probationers offenders subject to local supervision
based on a risk and needs assessment for the purpose of
reducing criminal conduct and promoting behavioral change that
results in reducing recidivism and promoting the successful
reintegration of offenders into the community.
(3) Maximizing offender restitution, reconciliation, and
restorative services to victims of crime.
(4) Holding offenders accountable for their criminal behaviors and
for successful compliance with applicable court orders and
conditions of supervision.
(5) Improving public safety outcomes for persons placed
on probation subject to local supervision for a
felony offense, as measured by their successful completion of
probation the period of local supervision
and the commensurate reduction in the rate of felony
probationers offenders sent to prison as a
result of a probation revocation of
supervision or conviction of a new crime.
(d) "Evidence-based practices" refers to supervision policies,
procedures, programs, and practices demonstrated by scientific
research to reduce recidivism among individuals under
probation, parole, or postrelease local
supervision.
(e) "Local supervision" means the supervision of an adult felony
offender on probation, mandatory supervision, or postrelease
community supervision.
SEC. 11. Section 1230 of the Penal Code
is amended to read:
1230. (a) Each county is hereby authorized to establish in each
county treasury a Community Corrections Performance Incentives Fund
(CCPIF), to receive all amounts allocated to that county for purposes
of implementing this chapter.
(b) In Notwithstanding any other law, in
any fiscal year for which a county receives moneys to be
expended for the implementation of this chapter, the moneys,
including any interest, shall be made available to the CPO of that
county, within 30 days of the deposit of those moneys into the fund,
for the implementation of the community corrections program
authorized by this chapter.
(1) The community corrections program shall be developed and
implemented by probation and advised by a local Community Corrections
Partnership.
(2) The local Community Corrections Partnership shall be chaired
by the CPO and comprised of the following membership:
(A) The presiding judge of the superior court, or his or her
designee.
(B) A county supervisor or the chief administrative officer for
the county or a designee of the board of supervisors.
(C) The district attorney.
(D) The public defender.
(E) The sheriff.
(F) A chief of police.
(G) The head of the county department of social services.
(H) The head of the county department of mental health.
(I) The head of the county department of employment.
(J) The head of the county alcohol and substance abuse programs.
(K) The head of the county office of education.
(L) A representative from a community-based organization with
experience in successfully providing rehabilitative services to
persons who have been convicted of a criminal offense.
(M) An individual who represents the interests of victims.
(3) Funds allocated to probation pursuant to this act shall be
used to provide supervision and rehabilitative services for adult
felony offenders subject to probation local
supervision , and shall be spent on evidence-based community
corrections practices and programs, as defined in subdivision (d) of
Section 1229, which may include, but are not limited to, the
following:
(A) Implementing and expanding evidence-based risk and needs
assessments.
(B) Implementing and expanding intermediate sanctions that
include, but are not limited to, electronic monitoring, mandatory
community service, home detention, day reporting, restorative justice
programs, work furlough programs, and incarceration in county jail
for up to 90 days.
(C) Providing more intensive probation
local supervision.
(D) Expanding the availability of evidence-based rehabilitation
programs including, but not limited to, drug and alcohol treatment,
mental health treatment, anger management, cognitive behavior
programs, and job training and employment services.
(E) Evaluating the effectiveness of rehabilitation and supervision
programs and ensuring program fidelity.
(4) The Notwithstanding any
other law, the CPO shall have discretion to spend funds on any
of the above practices and programs consistent with this act but, at
a minimum, shall devote at least 5 percent of all funding received to
evaluate the effectiveness of those programs and practices
implemented with the funds provided pursuant to this chapter. A CPO
may petition the Administrative Office of the Courts to have this
restriction waived, and the Administrative Office of the Courts shall
have the authority to grant such a petition, if the CPO can
demonstrate that the department is already devoting sufficient funds
to the evaluation of these programs and practices.
(5) Each probation department receiving funds under this chapter
shall maintain a complete and accurate accounting of all funds
received pursuant to this chapter.
SEC. 12. Section 1231 of the Penal Code
is amended to read:
1231. (a) Community corrections programs funded pursuant to this
act shall identify and track specific outcome-based measures
consistent with the goals of this act.
(b) The Administrative Office of the Courts, in consultation with
the Chief Probation Officers of California, shall specify and define
minimum required outcome-based measures, which shall include, but not
be limited to, all of the following:
(1) The percentage of persons on felony probation
subject to local supervision who are being
supervised in accordance with evidence-based practices.
(2) The percentage of state moneys expended for programs that are
evidence-based, and a descriptive list of all programs that are
evidence-based.
(3) Specification of supervision policies, procedures, programs,
and practices that were eliminated.
(4) The percentage of persons on felony probation
subject to local supervision who successfully
complete the period of probation supervision
.
(c) Each CPO receiving funding pursuant to Sections 1233 to
1233.6, inclusive, shall provide an annual written report to the
Administrative Office of the Courts and the Department of
Corrections and Rehabilitation evaluating the effectiveness
of the community corrections program, including, but not limited to,
the data described in subdivision (b).
(d) The Administrative Office of the Courts shall, in consultation
with the CPO of each county and the Department of Corrections and
Rehabilitation, provide a quarterly statistical report to the
Department of Finance including, but not limited to, the following
statistical information for each county:
(1) The number of felony filings.
(2) The number of felony convictions.
(3) The number of felony convictions in which the defendant was
sentenced to the state prison.
(4) The number of felony convictions in which the defendant was
granted probation.
(5) The adult felon probation population.
(6) The number of felons who had their probation revoked and were
sent to prison for that revocation.
(7) The number of adult felony probationers sent to state prison
for a conviction of a new felony offense, including when probation
was revoked or terminated.
(8) The number of felons who had their probation revoked and were
sent to county jail for that revocation.
(9) The number of adult felony probationers sent to county jail
for a conviction of a new felony offense, including when probation
was revoked or terminated.
(10) The number of felons who would have been subject to the
sentencing provisions contained in paragraph (5) of subdivision (h)
of Section 1170 if felony probation had not been granted, commencing
January 1, 2012.
(11) The number of felons placed on postrelease community
supervision, commencing January 1, 2012.
(12) The number of felons placed on mandatory supervision,
commencing January 1, 2012.
(13) The mandatory supervision population, commencing January 1,
2012.
(14) The postrelease community supervision population, commencing
January 1, 2012.
(15) The number of felons on postrelease community supervision
sentenced to state prison for a conviction of a new felony offense,
commencing January 1, 2012.
(16) The number of felons on mandatory supervision sentenced to
state prison for a conviction of a new felony offense, commencing
January 1, 2012.
(17) The number of felons who had their postrelease community
supervision revoked and were sent to county jail for that revocation,
commencing January 1, 2012.
(18) The number of felons on postrelease community supervision
sentenced to county jail for a conviction of a new felony offense,
including when postrelease community supervision was revoked or
terminated, commencing January 1, 2012.
(19) The number of felons who had their mandatory supervision
revoked and were sentenced to county jail for that revocation,
commencing January 1, 2012.
(20) The number of felons on mandatory supervision sentenced to
county jail for a conviction of a new felony offense, including when
mandatory supervision was revoked or terminated, commencing January
1, 2012.
SEC. 13. Section 1232 of the Penal Code
is amended to read:
1232. Commencing no later than 18 months following the initial
receipt of funding pursuant to this act and annually thereafter, the
Administrative Office of the Courts, in consultation with the
Department of Corrections and Rehabilitation, the Department of
Finance, and the Chief Probation Officers of California, shall submit
to the Governor and the Legislature a comprehensive report on the
implementation of this act. The report shall include, but not be
limited to, all of the following information:
(a) The effectiveness of the community corrections program based
on the reports of performance-based outcome measures required in
Section 1231.
(b) The percentage of felony probationers whose probation
was revoked offenders subject to local supervision
whose supervision was revoked and who were sent to prison or jail
for the year on which the report is being made.
(c) The percentage of felony probationers
offenders subject to local supervision who were convicted of
crimes during their term of probation
supervision for the year on which the report is being made.
(d) The impact of the moneys appropriated pursuant to this act to
enhance public safety by reducing the percentage and number of
felony probationers offenders subject to
local supervision whose probation
supervision was revoked for the year being reported on for
probation violations or new convictions, and to
reduce the number of felony probationers
offenders subject to local supervision who are sent
sentenced to prison or jail for a new
conviction for the year on which the report is being made.
(e) Any recommendations regarding resource allocations or
additional collaboration with other state, regional, federal, or
local entities for improvements to this act.
SEC. 14. Section 1233 of the Penal Code
is amended to read:
1233. (a) 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
Administrative Office of the Courts, shall , for each county,
calculate for each county a baseline
probation failure rate that equals the weighted average number of
adult felony probationers sent to state prison during calendar years
2006 to 2008, inclusive, as a percentage of the weighted average
adult felony probation population during the same period.
(b) For purposes of calculating the baseline probation failure
rate, the number of adult felony probationers sent to prison shall
include those adult felony probationers sent to state prison for a
revocation of probation, as well as adult felony probationers sent to
state prison for a conviction of a new felony offense. The
calculation shall also include adult felony probationers sent to
prison for conviction of a new crime who simultaneously have their
probation term terminated.
SEC. 15. Section 1233.1 of the Penal
Code is amended to read:
1233.1. After the conclusion of each calendar year following the
enactment of this section, 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 Administrative Office of the Courts, shall
calculate the following for that calendar year:
(a) The cost to the state to incarcerate in prison and supervise
on parole a probationer an offender who fails
local supervision and is sent to prison. This
calculation shall take into consideration factors, including, but not
limited to, the average length of stay in prison and on parole for
probationers offenders subject to local
supervision , as well as the associated parole revocation
rates, and revocation costs.
(b) (1) The statewide probation to
prison failure rate. The statewide probation
failure to prison rate shall be calculated as the
total number of adult felony probationers statewide sent to prison in
the previous year as a percentage of the average statewide adult
felony probation population for that year.
(2) The statewide probation failure rate for the 2012 calendar
year shall be calculated as the total number of adult felony
probationers statewide sent to prison, or to jail pursuant to
paragraph (5) of subdivision (h) of Section 1170, as a percentage of
the average statewide adult felony probation population for that
year.
(c) (1) A probation failure to
prison rate for each county. Each county's probation
failure to prison rate shall be calculated as the
number of adult felony probationers sent to prison from that county
in the previous year as a percentage of the county's average adult
felony probation population for that year.
(2) The probation failure rate for each county for the 2012
calendar year shall be calculated as the total number of adult felony
probationers sent to prison, or to jail pursuant to paragraph (5) of
subdivision (h) of Section 1170, from that county as a percentage of
the county's average adult felony probation population for that
year.
(d) An estimate of the number of adult felony probationers each
county successfully prevented from being sent to prison
incarcerated . For each county, this estimate
shall be calculated based on the reduction in the county's probation
failure to prison rate as calculated annually
pursuant to subdivision (c) of this section and the county's baseline
probation failure rate as calculated pursuant to Section 1233. In
making this estimate, 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 Administrative Office of the Courts, shall adjust
the calculations to account for changes in each county's adult
felony probation caseload in the most recent completed calendar year
as compared to the county's adult felony probation population during
the period 2006 to 2008, inclusive.
(e) (1) In calculating probation failure
to prison rates for the state and individual
counties, the number of adult felony probationers sent to prison
shall include those adult felony probationers sent to state prison
for a revocation of probation, as well as adult felony probationers
sent to state prison for a conviction of a new felony offense. The
calculation shall also include adult felony probationers who are sent
to prison for conviction of a new crime and who simultaneously have
their probation terms terminated.
(2) In calculating probation failure rates for the state and
individual counties for the 2012 calendar year, the number of adult
felony probationers sent to prison, or to jail pursuant to paragraph
(5) of subdivision (h) of Section 1170, shall include those adult
felony probationers sent to prison, or to jail pursuant to paragraph
(5) of subdivision (h) of Section 1170, for a revocation of
probation, as well as adult felony probationers sent to prison, or to
jail pursuant to paragraph (5) of subdivision (h) of Section 1170,
for a conviction of a new felony offense. The calculation shall also
include adult felony probationers who are sent to prison, or to jail
pursuant to paragraph (5) of subdivision (h) of Section 1170, for a
conviction of a new crime and who simultaneously have their probation
terms terminated.
(f) The statewide mandatory supervision failure to prison rate.
The statewide mandatory supervision failure to prison rate shall be
calculated as the total number of offenders supervised under
mandatory supervision statewide sent to prison in the previous year
as a percentage of the average statewide mandatory supervision
population for that year.
(g) A mandatory supervision failure to prison rate for each
county. Each county's mandatory supervision failure to prison rate
shall be calculated as the number of offenders supervised under
mandatory supervision sent to prison from that county in the previous
year as a percentage of the county's average mandatory supervision
population for that year.
(h) The statewide postrelease community supervision failure to
prison rate. The statewide postrelease community supervision failure
to prison rate shall be calculated as the total number of offenders
supervised under postrelease community supervision statewide sent to
prison in the previous year as a percentage of the average statewide
postrelease community supervision population for that year.
(i) A postrelease community supervision failure to prison rate for
each county. Each county's postrelease community supervision failure
to prison rate shall be calculated as the number of offenders
supervised under postrelease community supervision sent to prison
from that county in the previous year as a percentage of the county's
average postrelease community supervision population for that year.
SEC. 16. Section 1233.15 of the Penal
Code is amended to read:
1233.15. The Director of Finance, in consultation with the
Administrative Office of the Courts, the Department of Corrections
and Rehabilitation, and the Chief Probation Officers of California,
shall develop a revised formula for the California Community
Corrections Performance Incentives Act of 2009 that takes into
consideration the significant changes to the eligibility of some
felony probationers for revocation to the state prison resulting from
the implementation of the 2011 Public Safety realignment , and
may also take into consideration the data calculated pursuant to
subdivisions (f) to (i), inclusive, of Section 1233.1 . The
revised formula may include adjustments to the baseline failure rate
for each county.
SEC. 17. Section 1233.2 of the Penal
Code is amended to read:
1233.2. Annually, 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
Administrative Office of the Courts, shall identify the appropriate
Probation Revocation Tier for each county for which it was estimated
that the county successfully prevented any number of adult felony
probationers from being sent to state prison
incarcerated , as provided in subdivision (d) of Section
1233.1. The tiers shall be defined as follows:
(a) Tier 1. A Tier 1 county is one which
that has a probation failure rate, as defined in subdivision
(c) of Section 1233.1, that is no more than 25
percent higher than the statewide probation failure rate, as defined
in subdivision (b) of Section 1233.1.
(b) Tier 2. A Tier 2 county is one which
that has a probation failure rate, as defined in subdivision
(c) of Section 1233.1, that is more than 25
percent above the statewide probation failure rate, as defined in
subdivision (b) of Section 1233.1 , but
less than or equal to the 2006 -08 established baseline
rate of 7.88 percent .
(c) Tier 3. A Tier 3 county is one that has a probation failure
rate higher than the 2006-08 established baseline rate of 7.88
percent.
SEC. 18. Section 1233.3 of the Penal
Code is amended to read:
1233.3. Annually, 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 Administrative Office of the Courts, shall
calculate a probation failure reduction incentive payment for each
eligible county, pursuant to Section 1233.2, for the most recently
completed calendar year, as follows:
(a) For a county identified as being in Tier 1, as defined in
subdivision (a) of Section 1233.2, its probation failure reduction
incentive payment shall equal the estimated number of probationers
successfully prevented from being sent to prison
incarcerated , as defined by subdivision (d) of Section
1233.1, multiplied by 45 percent of the costs to the state to
incarcerate in prison and supervise on parole a probationer who was
sent to prison, as defined in subdivision (a) of Section 1233.1.
(b) For a county identified as being in Tier 2, as defined in
subdivision (b) of Section 1233.2, its probation failure reduction
incentive payment shall equal the estimated number of probationers
successfully prevented from being sent to prison
incarcerated , as defined by subdivision (d) of Section
1233.1, multiplied by 40 percent of the costs to the state to
incarcerate in prison and supervise on parole a probationer who was
sent to prison, as defined in subdivision (a) of Section 1233.1.
(c) For a county identified as being in Tier 3, as defined in
subdivision (c) of Section 1233.2, its probation failure reduction
incentive payment shall equal the estimated number of probationers
successfully prevented from being incarcerated, as defined by
subdivision (d) of Section 1233.1, multiplied by 30 percent of the
costs to the state to incarcerate in prison and supervise on parole a
probationer who was sent to prison, as defined in subdivision (a) of
Section 1233.1.
(d) A county that fails to provide information specified in
Section 1231 to the Administrative Office of the Courts shall not be
eligible for a probation failure reduction incentive payment.
SEC. 19. Section 1233.4 of the Penal
Code is amended to read:
1233.4. (a) It is the intent of the Legislature for counties
demonstrating high success rates with adult felony probationers to
have access to performance-based funding as provided for in
this section.
(b) On an annual basis, the Department of Finance, in consultation
with the Department of Corrections and Rehabilitation, the Joint
Legislative Budget Committee, the Chief Probation Officers of
California, and the Administrative Office of the Courts, shall
calculate 5 percent of the savings to the state attributed
to those total statewide estimated number of
probationers successfully prevented from being
incarcerated for counties that successfully reduce the number
of adult felony probationers sent to state prison
incarcerated multiplied by the costs to the state to
incarcerate in prison and supervise on parole a probationer who was
sent to prison, as defined in subdivision (a) of Section 1233.1
.
(c) The savings amount estimated
pursuant to subdivision (b) shall be used to provide high performance
grants to county probation departments for the purpose of bolstering
evidence-based probation practices designed to reduce recidivism
among adult felony probationers.
(d) County probation departments eligible for these high
performance grants shall be those with adult probation failure rates
more than 50 percent below the statewide average in the most recently
completed calendar year.
(e) A county probation department that qualifies for a probation
failure reduction incentive payment , as provided in Section
1233.3, and a high performance grant payment as
provided for in Section 1233.3 in the same year shall
choose to receive either the probation failure incentive payment or
the high performance grant payment. The CPO of a county that
qualifies for both a high performance grant and a probation failure
reduction incentive payment shall indicate to the Administrative
Office of the Courts, by a date designated by the Administrative
Office of the Courts, whether the CPO chooses to receive the high
performance grant or probation failure reduction payment.
(f) The grants provided for in this section shall be administered
by the Administrative Office of the Courts. The Administrative Office
of the Courts shall seek to ensure that all qualifying probation
departments that submit qualifying applications receive a
proportionate share of the grant funding available based on the
population of adults ages 18 to 25, inclusive, in each of the
counties qualifying for the grants.
(g) A county that fails to provide the information specified in
Section 1231 to the Administrative Office of the Courts shall not be
eligible for a high performance grant payment.
SEC. 20. Section 1233.6 of the Penal
Code is amended to read:
1233.6. (a) Probation failure reduction incentive payments and
high performance grants calculated for any calendar year shall be
provided to counties in the following fiscal year. The total annual
payment to each county shall be divided into four equal quarterly
payments.
(b) The Department of Finance shall include an estimate of the
total probation failure reduction incentive payments and high
performance grants to be provided to counties in the coming fiscal
year as part of the Governor's proposed budget released no later than
January 10 of each year. This estimate shall be adjusted by the
Department of Finance, as necessary, to reflect the actual
calculations of probation revocation failure
reduction incentive payments and high performance grants
completed by 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
Administrative Office of the Courts. This adjustment shall occur as
part of standard budget revision processes completed by the
Department of Finance in April and May of each year.
(c) There is hereby established, in the State Treasury, the State
Community Corrections Performance Incentives Fund, which is
continuously appropriated. Moneys appropriated for purposes of
providing probation revocation failure
reduction incentive payments and high performance grants
authorized in Sections 1230 to 1233.6, inclusive, shall be
transferred into this fund from the General Fund. Any moneys
transferred into this fund from the General Fund shall be
administered by the Administrative Office of the Courts and the share
calculated for each county probation department shall be transferred
to its Community Corrections Performance Incentives Fund authorized
in Section 1230. The Department of Finance, in consultation
with the Administrative Office of the Courts, shall determine a
funding amount not to exceed 1 percent of the estimated savings to
the state resulting from the population of felony probationers
successfully prevented from being sent to state prison, that shall be
appropriated for use by the Administrative Office of the Courts for
the costs of implementing and administering this program and the 2011
Realignment Legislation addressing public safety.
(d) For each fiscal year, the Director of Finance shall determine
the total amount of the State Community Corrections Performance
Incentives Fund and the amount to be allocated to each county,
pursuant to this section and Sections 1230 to 1233.5, inclusive, and
shall report those amounts to the Controller. The Controller shall
make an allocation from the State Community Corrections Performance
Incentives Fund authorized in subdivision (c) to each county in
accordance with the amounts provided.
(e) The amount of one million dollars ($1,000,000) is hereby
appropriated from the State Community Corrections Performance
Incentive Fund to the judicial branch for the costs of implementing
and administering this program, pursuant to subdivision (c), and the
2011 realignment legislation addressing public safety. These funds
shall be available for encumbrance and expenditure until June 30,
2014.
SEC. 21. Section 1233.61 of the Penal
Code is amended to read:
1233.61. Notwithstanding any other provision of
law, any moneys remaining in the State Community
Corrections Performance Incentives Fund, after the calculation and
award determination of each county's tier payments or high
performance grant payments pursuant to Sections 1233.3 and 1233.4,
shall be distributed to county probation departments as follows:
(a) The Department of Finance shall increase the award amount for
any county whose tier payment or high performance grant payment, as
calculated pursuant to Sections 1233.3 and 1233.4, totals less than
two hundred thousand dollars ($200,000) to no more than two hundred
thousand dollars ($200,000).
(b) The Department of Finance shall adjust the award amount for
any county that has a probation failure rate, as defined in
subdivision (c) of Section 1233.1, that is below the statewide
average, as defined in subdivision (b) of Section 1233.1, so that
these counties receive no less than two hundred thousand dollars
($200,000).
(b)
(c) The Department of Finance shall evenly distribute
any remaining funds to those counties that did not receive a tier
payment or a high performance grant payment, as calculated pursuant
to Sections 1233.3 and 1233.4.
(c)
(d) At no time shall an award provided to a county
through subdivision (b) (c) exceed the
amount of a grant award provided to counties that are eligible to
receive increased award amounts pursuant to subdivision (a) or
(b) .
(d)
(e) Any county receiving funding through subdivision
(b) (c) shall submit a report to the
Administrative Office of the Courts and the Chief Probation Officers
of California describing how they plan it
plans on using the funds to enhance their
its ability to be successful under this act.
Commencing January 1, 2014, a county that fails to submit this report
by March 1 annually shall not receive funding pursuant to
subdivision (c) in the subsequent fiscal year .
(e) This section shall remain in effect only until June 30, 2013,
and as of that date is repealed, unless a later enacted statute, that
is enacted before June 30, 2013, deletes or extends that date.
(f) A county that fails to provide the information specified in
Section 1231 to the Administrative Office of the Courts shall not be
eligible for payment pursuant to this section.
SEC. 22. Section 1233.8 of the Penal
Code is repealed.
1233.8. This chapter shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 23. Section 3000.08 of the
Penal Code , as amended by Section 35 of Chapter 43
of the Statutes of 2012, is amended to read:
3000.08. (a) Persons released from state prison prior to or on or
after July 1, 2013, after serving a prison term or, whose sentence
has been deemed served pursuant to Section 2900.5, for any of the
following crimes shall be subject to parole supervision by the
Department of Corrections and Rehabilitation and the jurisdiction of
the court in the county where the parolee is released or resides
, or any county in which the supervised person is arrested,
for the purpose of hearing petitions to revoke parole and impose a
term of custody:
(1) A serious felony as described in subdivision (c) of Section
1192.7.
(2) A violent felony as described in subdivision (c) of Section
667.5.
(3) A crime for which the person was sentenced pursuant to
paragraph (2) of subdivision (e) of Section 667 or paragraph (2) of
subdivision (c) of Section 1170.12.
(4) Any crime where the person eligible for release from prison is
classified as a High Risk Sex Offender.
(5) Any crime where the person is required, as a condition of
parole, to undergo treatment by the Department of Mental Health
pursuant to Section 2962.
(b) Notwithstanding any other provision of law,
all other offenders released from prison shall be placed on
postrelease community supervision pursuant to Title 2.05
(commencing with Section 3450).
(c) At any time during the period of parole of a person subject to
this section, if any parole agent or peace officer has probable
cause to believe that the parolee is violating any term or condition
of his or her parole, the agent or officer may, without warrant or
other process and at any time until the final disposition of the
case, arrest the person and bring him or her before the court, or the
court may, in its discretion, issue a warrant for that person's
arrest pursuant to Section 1203.2.
(d) Upon review of the alleged violation and a finding of good
cause that the parolee has committed a violation of law or violated
his or her conditions of parole, the supervising parole agency may
impose additional and appropriate conditions of supervision,
including rehabilitation and treatment services and appropriate
incentives for compliance, and impose immediate, structured, and
intermediate sanctions for parole violations, including flash
incarceration in a county jail. Periods of "flash incarceration," as
defined in subdivision (e) are encouraged as one method of punishment
for violations of a parolee's conditions of parole. Nothing in this
section is intended to preclude referrals to a reentry court pursuant
to Section 3015.
(e) "Flash incarceration" is a period of detention in county jail
due to a violation of a parolee's conditions of parole. The length of
the detention period can range between one and 10 consecutive days.
Shorter, but if necessary more frequent, periods of detention for
violations of a parolee's conditions of parole shall appropriately
punish a parolee while preventing the disruption in a work or home
establishment that typically arises from longer periods of detention.
(f) If the supervising parole agency has determined, following
application of its assessment processes, that intermediate sanctions
up to and including flash incarceration are not appropriate, the
supervising parole agency shall, pursuant to Section 1203.2, petition
the court in the county in which the parolee is being supervised
, or any county in which the supervised person is arrested,
to revoke parole. At any point during the process initiated
pursuant to this section, a parolee may waive, in writing, his or her
right to counsel, admit the parole violation, waive a court hearing,
and accept the proposed parole modification or revocation. The
petition shall include a written report that contains additional
information regarding the petition, including the relevant terms and
conditions of parole, the circumstances of the alleged underlying
violation, the history and background of the parolee, and any
recommendations. The Judicial Council shall adopt forms and rules of
court to establish uniform statewide procedures to implement this
subdivision, including the minimum contents of supervision agency
reports. Upon a finding that the person has violated the conditions
of parole, the court shall have authority to do any of the following:
(1) Return the person to parole supervision with modifications of
conditions, if appropriate, including a period of incarceration in
county jail.
(2) Revoke parole and order the person to confinement in
the county jail.
(3) Refer the person to a reentry court pursuant to Section 3015
or other evidence-based program in the court's discretion.
(g) Confinement pursuant to paragraphs (1) and (2) of subdivision
(f) shall not exceed a period of 180 days in the
county jail.
(h) Notwithstanding any other provision of law,
in any case where Section 3000.1 or paragraph (4) of subdivision (b)
of Section 3000 applies to a person who is on parole and the court
determines that the person has committed a violation of law or
violated his or her conditions of parole, the person on parole shall
be remanded to the custody of the Department of Corrections and
Rehabilitation and the jurisdiction of the Board of Parole Hearings
for the purpose of future parole consideration.
(i) Notwithstanding subdivision (a), any of the following persons
released from state prison shall be subject to the jurisdiction of,
and parole supervision by, the Department of Corrections and
Rehabilitation for a period of parole up to three years or the parole
term the person was subject to at the time of the commission of the
offense, whichever is greater:
(1) The person is required to register as a sex offender pursuant
to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1,
and was subject to a period of parole exceeding three years at the
time he or she committed a felony for which they were
he or she was convicted and subsequently
sentenced to state prison.
(2) The person was subject to parole for life pursuant to Section
3000.1 at the time of the commission of the offense that resulted in
a conviction and state prison sentence.
(j) Parolees subject to this section who have a pending
adjudication for a parole violation on July 1, 2013, shall be subject
to the jurisdiction of the Board of Parole Hearings. Parole
revocation proceedings conducted by the Board of Parole Hearings
prior to July 1, 2013, if reopened on or after July 1, 2013, shall be
subject to the jurisdiction of the Board of Parole Hearings.
(k) Except as described in subdivision (c), any person who is
convicted of a felony that requires community supervision and who
still has a period of state parole to serve shall discharge from
state parole at the time of release to community supervision.
( l ) This section shall become operative on July 1,
2013.
SEC. 24. Section 19210 of the Public
Contract Code is amended to read:
19210. (a) Commencing not earlier than July 1, 2011, and not
later than December 15, 2012, the State Auditor shall establish a
pilot program to audit six trial courts. That entity shall select the
trial courts using the following criteria:
(1) Two trial courts selected from counties with a population of
200,000 or less.
(2) Two trial courts selected from counties with a population
greater than 200,000 and less than 750,000.
(3) Two trial courts selected from counties with a population of
750,000 or greater.
The audits shall assess the implementation of this part by the
judicial branch.
(b) Based on the results of the pilot program audits described in
subdivision (a), the State Auditor shall, on or before December 15,
2013, commence an audit of the trial courts, provided that every
trial court is audited in the manner prescribed by this section at
least once every four years. The audits shall assess the
implementation of this part by the judicial branch. The audits
required by this paragraph shall be in addition to any audit
regularly conducted pursuant to any other provision of law.
(c) Notwithstanding Section 10231.5 of the Government Code, the
State Auditor shall compile the trial court audit findings and report
the results of these audits to the Legislature, the Judicial
Council, and the Department of Finance no later than April 1 of each
year. An audit report shall not be considered final until the audited
entity is provided a reasonable opportunity to respond and the
response is included with, or incorporated into, the report.
(d) The reasonable and necessary contracted cost of the audits
conducted pursuant to this section shall be paid from funds of the
local trial court being audited.
(e) (1) On or before December 15, 2013, and biennially
thereafter, Commencing on or before July 1, 2013,
the State Auditor shall perform an audit of the Administrative
Office of the Courts, the Habeas Corpus Resource Center, the
California Supreme Court, and the appellate courts to assess
their implementation of this part.
(2) The State Auditor shall , on or before December 31, 2013,
provide a copy of the final audit report of the Administrative
Office of the Courts to the Legislature, the Judicial Council, and
the Department of Finance upon issuance . An audit
report shall not be considered final until the audited entity is
provided a reasonable opportunity to respond and the response is
included with, or incorporated into, the report.
(3) Any reasonable and necessary contracted costs incurred by the
auditing entity pursuant to this subdivision shall be reimbursed by
the Administrative Office of the Courts.
(3) Each judicial branch entity shall pay all reasonable and
necessary costs incurred by the State Auditor pursuant to this
subdivision in auditing that entity.
(f) The State Auditor shall conduct the audits required pursuant
to this section in accordance with Chapter 6.5 (commencing with
Section 8543) of Division 1 of Title 2 of the Government Code.
(g) If the State Auditor is selected as the auditing entity
pursuant to subdivision (j) of Section 77206 of the Government Code,
then the State Auditor may combine the results of any audit of a
trial court conducted pursuant to that section with an audit of the
same trial court conducted pursuant to this section. The State
Auditor may also combine the results of an audit of the
Administrative Office of the Courts pursuant to Section 77206 of the
Government Code with the results of an audit of the Administrative
Office of the Courts pursuant to this section.
(h) A report submitted pursuant to this section shall be submitted
in compliance with Section 9795 of the Government Code.
(i) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 25. Section 19210 is added to the
Public Contract Code , to read:
19210. (a) The State Auditor shall do the following:
(1) On or before March 15, 2014, and biennially thereafter,
identify five judicial branch entities, excluding the Administrative
Office of the Courts, for audit to assess the implementation of this
part by the judicial branch entity based upon risk factors that
include, but are not limited to, all of the following:
(A) Significant changes in legal or other requirements that have
occurred that impact compliance with this part.
(B) The amount of time since the last audit performed of the
identified judicial branch entity to assess its implementation and
compliance with this part.
(C) Previous audit results or known deficiencies.
(D) Significant or unusual changes in management or high employee
turnover.
(E) The complexity and size of the judicial branch entity.
(F) The level of sophistication and complexity of existing
contracting practices and procedures.
(G) The total volume and type of procurement made by the judicial
branch entity compared with overall judicial branch procurement.
(H) Substantial changes in total procurements, including, but not
limited to, number and allotted amount, from one year to the next.
(2) On or before March 15 of the year in which the judicial branch
entities are identified pursuant to paragraph (1), notify the Joint
Legislative Budget Committee and the Joint Legislative Audit
Committee of the five judicial branch entities identified and the
estimated cost to conduct an audit of each judicial branch entity.
(3) On or before July 1 of the year in which the judicial branch
entities are identified, commence an audit of each identified
judicial branch entity, subject to an appropriation for this audit
whereby moneys are allocated in the annual Budget Act to one or more
funds that are available for use by judicial branch entities. Upon
completion of the final audit report, as identified in paragraph (4),
the Administrative Office of the Courts shall reimburse the
California State Auditor for the actual costs of the work performed.
(4) Provide the judicial branch entity with a reasonable
opportunity to respond to the findings of the audit. An audit report
shall not be considered final until this opportunity is provided and
any response is included or incorporated into the audit report.
(5) On or before January 15 of the fiscal year for which the
appropriation for the audit was made, report the judicial branch
entity audit findings, including any response by the judicial branch
entity, to the judicial branch entity, the Legislature, the Judicial
Council, and the Department of Finance.
(6) Annually provide updates to the Legislature on the status of
the judicial branch entity implementation of an audit recommendation.
(b) If, on or before March 15 of the year in which the judicial
branch entities are identified pursuant to subdivision (a), the
California State Auditor identifies, on the basis of the risk factors
described in subdivision (a), judicial branch entities for audit in
addition to the five identified pursuant to subdivision (a) and
notifies the Joint Legislative Budget Committee and the Joint
Legislative Audit Committee of these additional entities, along with
the estimated cost of each audit, and an appropriation is made for
this purpose in the same manner as described in paragraph (3) of
subdivision (a), the California State Auditor shall then audit the
additional judicial branch entities and provide a final audit report
as described in paragraphs (4) and (5) of subdivision (a).
(c) On or before July 1, 2015, and biennially thereafter, the
California State Auditor shall commence an audit of the
Administrative Office of the Courts, to assess the implementation of,
and compliance with, this part, subject to an appropriation by the
Legislature to the Judicial Council for transfer to the State Audit
Fund for this purpose, and provide a final audit report in the manner
described in paragraphs (4) and (5) of subdivision (a).
(d) The California State Auditor may follow up on a prior audit
finding at any time.
(e) The California State Auditor shall conduct an audit pursuant
to this section in accordance with Chapter 6.5 (commencing with
Section 8543) of Division 1 of Title 2 of the Government Code.
Pursuant to Section 8546.2 of the Government Code, the California
State Auditor shall request updates from an audited judicial branch
entity regarding its progress in implementing audit recommendations
made pursuant to this section. The audited judicial branch entity
shall provide these updates at intervals prescribed by the California
State Auditor so that the California State Auditor may conduct
appropriate followup activities.
(f) Moneys that have been transferred to the State Audit Fund
pursuant to this section to audit a specific judicial branch entity,
but have not been expended by the California State Auditor at the
time the California State Auditor provides its final audit report for
that judicial branch entity, shall revert back to the fund from
which the moneys were transferred.
(g) A report submitted pursuant to this section shall be submitted
in compliance with Section 9795 of the Government Code.
(h) If the California State Auditor is selected as the auditing
entity pursuant to subdivision (j) of Section 77206 of the Government
Code, then the California State Auditor may combine the results of
an audit of a trial court conducted pursuant to that section with an
audit of the same trial court conducted pursuant to this section. The
California State Auditor may also combine the results of an audit of
the Administrative
Office of the Courts pursuant to Section 77206 of the Government Code
with the results of an audit of the Administrative Office of the
Courts pursuant to this section.
(i) This section shall become operative on January 1, 2014.
SEC. 26. Section 903.45 of the Welfare
and Institutions Code is amended to read:
903.45. (a) The board of supervisors may designate a county
financial evaluation officer pursuant to Section 27750 of the
Government Code to make financial evaluations of liability for
reimbursement pursuant to Sections 207.2, 903, 903.1, 903.2, 903.25,
903.3, and 903.5, and other reimbursable costs allowed by law, as set
forth in this section.
(b) In any a county where a board of
supervisors has designated a county financial evaluation officer,
the juvenile court shall, at the close of the disposition hearing,
order any person liable for the cost of support, pursuant to Section
903, the cost of legal services as provided for in Section 903.1,
probation costs as provided for in Section 903.2, or any other
reimbursable costs allowed under this code, to appear before the
county financial evaluation officer for a financial evaluation of his
or her ability to pay those costs; and if
costs. If the responsible person is not present at the
disposition hearing, the court shall cite him or her to appear for
such a financial evaluation. In the case of a
parent, guardian, or other person assessed for the costs of
transport, food, shelter, or care of a minor under Section 207.2 or
903.25, the juvenile court shall, upon request of the county
probation department, order the appearance of the parent, guardian,
or other person before the county financial evaluation officer for a
financial evaluation of his or her ability to pay the costs assessed.
If the county financial evaluation officer determines that a
person so responsible has the ability to pay all or part of the
costs, the county financial evaluation officer shall petition the
court for an order requiring the person to pay that sum to the county
or court, depending on which entity incurred the expense. If the
parent or guardian is liable for costs for legal services pursuant to
Section 903.1, the parent or guardian has been reunified with the
child pursuant to a court order, and the county financial evaluation
officer determines that repayment of the costs would harm the ability
of the parent or guardian to support the child, then the county
financial evaluation officer shall not petition the court for an
order of repayment, and the court shall not make that order. In
addition, if the parent or guardian is currently receiving
reunification services, and the court finds , or the county
financial officer determines, that repayment by the parent or
guardian will pose a barrier to reunification with the child because
it will limit the ability of the parent or guardian to comply with
the requirements of the reunification plan or compromise the parent's
or guardian's current or future ability to meet the financial needs
of the child, or in any case in which the court finds that the
repayment would be unjust under the circumstances of the case,
then the county financial evaluation officer shall not petition the
court for an order of repayment, and the court shall not order
repayment by the parent or guardian. In evaluating a person's ability
to pay under this section, the county financial evaluation officer
and the court shall take into consideration the family's income, the
necessary obligations of the family, and the number of persons
dependent upon this income. Any A
person appearing for a financial evaluation shall have
has the right to dispute the county financial
evaluation officer's determination, in which case he or she
shall be is entitled to a hearing before the
juvenile court. The county financial evaluation officer ,
at the time of the financial evaluation , shall advise
such a the person of his or her right
to a hearing and of his or her rights pursuant to subdivision (c).
At the hearing, any a person
so responsible for costs shall be
is entitled to have, but shall not be limited
to, the opportunity to be heard in person, to present witnesses and
other documentary evidence, to confront and cross-examine adverse
witnesses, to disclosure of the evidence against him or her, and to
receive a written statement of the findings of the court. The person
shall have has the right to be
represented by counsel, and, when if
the person is unable to afford counsel, the right to appointed
counsel. If the court determines that the person has the ability to
pay all or part of the costs, including the costs of any counsel
appointed to represent the person at the hearing, the court shall set
the amount to be reimbursed and order him or her to pay that sum to
the county or court, depending on which entity incurred the expense,
in a manner in which the court believes reasonable and compatible
with the person's financial ability.
If the person or persons , after having been
ordered to appear before the county financial evaluation officer,
have has been given proper notice and
fail fails to appear as ordered, the
county financial evaluation officer shall recommend to the court that
he, she, or they the person be ordered
to pay the full amount of the costs. Proper notice to him,
her, or them the person shall contain all of the
following:
(1) That he, she, or they have the person
has a right to a statement of the costs as soon as it is
available.
(2) His, her, or their The person's
procedural rights under Section 27755 of the Government Code.
(3) The time limit within which his, her, or their
the person's appearance is required.
(4) A warning that if he, she, or they fail
the person fails to appear before the county financial
evaluation officer, the officer will recommend that the court order
him, her, or them the person to pay the
costs in full.
If the county financial evaluation officer determines that the
person or persons have has the ability
to pay all or a portion of these costs, with or without terms, and
he, she, or they concur the person concurs
in this determination and agree agrees
to the terms of payments payment
, the county financial evaluation officer, upon his or her written
evaluation and the person's or persons' written
agreement, shall petition the court for an order requiring
him, her, or them the person to pay that sum to
the county or the court in a manner which
that is reasonable and compatible with his, her, or
their the person's financial ability. This order
may be granted without further notice to the person or
persons , provided a copy of the order is served on
him, her, or them the person by mail.
However, if the county financial evaluation officer cannot reach
an agreement with the person or persons with
respect to either the liability for the costs, the amount of the
costs, his, her, or their the person's
ability to pay the same costs , or the
terms of payment, the matter shall be deemed in dispute and referred
by the county financial evaluation officer back to the court for a
hearing.
(c) At any time prior to the satisfaction of a judgment entered
pursuant to this section, a person against whom the judgment was
entered may petition the rendering court to modify or vacate the
judgment on the basis of a change in circumstances relating to his or
her ability to pay the judgment.
(d) Execution may be issued on the order in the same manner as on
a judgment in a civil action, including any balance remaining unpaid
at the termination of the court's jurisdiction over the minor.
SEC. 27. The Judicial Council shall 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. The evaluation shall assess the
implementation of the project agreement and compare the project to
other court construction projects the Judicial Council has pursued
using the traditional public sector approach. The evaluation shall
address whether the project was a cost-effective approach compared to
the Judicial Council's other court construction projects. The
evaluation shall include, but not be limited to, all of the following
elements:
(a) Evaluation of the project company and its design-build
implementation of the project agreement relative to the requirements
of the agreement.
(b) Comparison of the assumptions included in the project's final
value for money analysis, which was submitted to the Legislature in a
report dated January 24, 2011, to the project's actual costs to date
as well as projected costs incurred under the life of the contract.
The comparison shall address assumptions that were made about the
project site, timing, capital and operating costs, financing and
revenues, and project risks. The comparison shall describe, for each
of the project risks that were identified in the Value for Money
analysis, whether the risk was realized and if a cost was imposed on
the project company or the Judicial Council as a result.
(c) Identification of costs that occurred in the project for the
project company and the Judicial Council that were not identified in
the value for money analysis.
(d) Description of major challenges encountered by the project and
how those issues were resolved.
(e) Description of major changes to the project scope, budget, or
timeline during the term of the project agreement, including changes
that did or did not require renegotiation of the agreement, and the
impact of those changes to the project, including cost impact.
(f) Assessment of the cost-effectiveness of the project compared
to a minimum of three projects constructed as part of the courts
construction program. The assessment shall consider the costs related
to the construction, management, and operation of the court building
that were experienced by the project company and the Judicial
Council. The assessment shall also consider the timeliness of
construction, the quality of the building, and the level of service
provided by the project company in the project compared to buildings
constructed and maintained by the Judicial Council. The information
presented in this assessment shall include, but not be limited to,
all of the following for each court construction project:
(1) Identification of all initial, final approved, and actual
project costs for each phase of design and construction, including
any cost increases and reasons for those increases.
(2) Identification of the initial, final approved, and actual
project timeline for each phase of design and construction, as well
as all project delays and the reasons associated in causing the
project delays.
(3) The total project management costs incurred by the Judicial
Council, including for existing staff who worked on each project,
distinguished by project activity.
(4) The total costs paid for contractors, distinguished by project
activity.
SEC. 28. This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately.
SECTION 1. It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2013.