BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 1292 (Stone) - Grand juries:  reports
          
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          |Version: March 28, 2016         |Policy Vote: PUB. S. 6 - 0      |
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          |Urgency: No                     |Mandate: No (see Fiscal Impact) |
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          |Hearing Date: April 25, 2016    |Consultant: Jolie Onodera       |
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          This bill meets the criteria for referral to the Suspense File. 

          

          Bill  
          Summary:  SB 1292 would revise existing procedures related to the  
          issuance of a final grand jury report, as follows:
                 Requires a grand jury to hold at least one exit  
               interview with the subject of the investigation to discuss  
               the findings of the report to verify the accuracy of the  
               findings, as specified.
                 Authorizes a grand jury, with court approval, to provide  
               a draft of their findings to the subject of the report, in  
               order to receive initial comments on the draft, as  
               specified.
                 Grants the subject of an investigation the option to  
               provide responses to the findings in the report that will  
               be released and posted with the grand jury report, as  
               specified.


          Fiscal  
          Impact: 
            Grand jury activities  :  Significant increase in county costs  







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            (Local Funds), potentially state-reimbursable (General Fund*),  
            for additional grand jury expenses (including travel,  
            participation, report writing, meeting rooms, and support)  
            incurred as a result of the mandated exit interview, and  
            associated activities. To the extent additional duties imposed  
            in the bill potentially constitute a new state-reimbursable  
            mandate, costs would be subject to reimbursable by the state.  
            To the extent the activities are determined to be extensions  
            of the underlying suspended mandate, costs would be a local  
            responsibility until the suspension of the existing mandate is  
            lifted. 

            Local agency/school district participants  :  Potential minor  
            increase in annual local costs (Local Funds), potentially  
            state-reimbursable (General Fund*), to local agencies and  
            school districts for participation in mandated exit meetings  
            as subjects of the investigations.

          * The Commission on State Mandates (CSM) issued its  
          determination in Grand Jury Proceedings (98-TC-27) that  
          specified activities and requirements pertaining to grand jury  
          proceedings constitute a reimbursable state-mandated program on  
          local governments. The statewide cost estimate adopted for these  
          activities projected annual costs to the state of $1.5 million.  
          Staff notes the reimbursable mandate has been suspended each  
          year for the past several years, and no funding has been  
          included in the annual Budget Act for these activities. 


          Background:  Under existing law, a grand jury is required to be drawn and  
          summoned at least once per year in each county. (California  
          Constitution, Article I, Section 23, Penal Code (PC) § 905.)
          Existing law sets forth the duties of the grand jury in each  
          county and requires the grand jury to submit to the presiding  
          judge of the superior court a final report of its findings and  
          recommendations pertaining to local government matters. (PC §§  
          914-933.6.) 


          Existing law authorizes a grand jury to request a subject person  
          or entity to come before the grand jury for the purpose of  
          reading and discussing the findings of the grand jury report  
          that relates to that person or entity in order to verify the  
          accuracy of the findings prior to their release. This bill would  








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          instead make it mandatory for the grand jury to hold an exit  
          interview with the subject of the investigation in order to  
          verify the accuracy of the findings. Additionally, this bill  
          would authorize a grand jury to provide draft findings to the  
          person, subject to court approval. Finally, this bill would  
          authorize the subject of an investigation to provide a  
          preliminary response to the findings in the report to be posted  
          with the release of the final report. 


          All expenses of grand juries are payable by the treasurer out of  
          county funds upon warrants drawn by the county auditor upon the  
          written order of the judge of the superior court of the county.  
          (PC § 931.) 




          Proposed Law:  
           This bill would revise existing procedures related to the  
          issuance of a final grand jury report, as follows:
                 Requires a grand jury to hold an exit interview with the  
               subject of their investigation to discuss the findings of  
               the report to verify the accuracy of the findings, as  
               specified.
                 Authorizes a grand jury, with court approval, to provide  
               a draft of their findings to the subject of the report, in  
               order to receive initial comments on the draft, as  
               specified.
                 Grants the subject of an investigation the option to  
               provide responses to the findings in the report that will  
               be released and posted with the grand jury report, as  
               specified.

          Prior Legislation:  AB 829 (Thomson) Chapter 443/1997  
          established the Grand Jury Training, Communication, and  
          Efficiency Act of 1997, which among its provisions, provided  
          that grand juries exercising their local government  
          investigatory duties must receive training and must remain  
          available for 45 days after the end of the jurors' terms to  
          clarify recommendations in their final reports. AB 829 also  
          required a grand jury to meet with the subject of an  
          investigation before it is concluded.









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          Staff Comments:  By increasing the duties of local grand juries  
          and the local agencies/school districts that are the subjects of  
          the investigations, the provisions of this bill create a  
          state-mandated local program.


          The Commission on State Mandates (CSM) issued its determination  
          in Grand Jury Proceedings (98-TC-27) that specified activities  
          and requirements pertaining to grand jury proceedings constitute  
          a reimbursable state-mandated program on local governments.  
          Specifically, the CSM determined the activities eligible for  
          reimbursement included, but was not limited to, the following:

                 Grand jury meeting(s) with the subject(s) of the grand  
               jury's investigation(s) regarding the investigation. Grand  
               jury participation in the meeting(s) is reimbursable (PC §  
               933.05(e)).
                 Providing a suitable meeting room and providing support  
               to the grand jury as the superior court determines is  
               necessary (PC § 938.4).
                 A local agency or school district meeting with the grand  
               jury as the subject of an investigation is reimbursable (PC  
               §933.05(e)).

          The statewide cost estimate adopted for grand jury activities  
          projected annual costs to the state of $1.5 million. Staff notes  
          the reimbursable mandate has been suspended each year for the  
          past several years, and no funding has been included in the  
          annual Budget Act for these activities. 

          Costs to each county resulting from the activities required in  
          this bill would be dependent on the number of grand jurors in  
          each county, the number of exit interviews conducted, and the  
          duration of the interviews, including time to revise findings  
          and the draft report, as necessary.

          To the extent the additional grand jury activities are  
          determined by the CSM to constitute a new state-mandated local  
          program or higher level of service, counties could potentially  
          claim reimbursement for these costs. Alternatively, to the  
          extent the CSM determines the activities are extensions of the  
          existing suspended mandate, for years in which the reimbursable  
          mandate remains suspended in the Budget Act, any increased costs  








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          associated with this measure would remain non-reimbursable until  
          the suspension on the mandate is lifted.


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