BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 1292 (Stone) - Grand juries: reports ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: March 28, 2016 |Policy Vote: PUB. S. 6 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No (see Fiscal Impact) | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: April 25, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- 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 SB 1292 (Stone) Page 1 of ? (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 SB 1292 (Stone) Page 2 of ? 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. SB 1292 (Stone) Page 3 of ? 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 SB 1292 (Stone) Page 4 of ? associated with this measure would remain non-reimbursable until the suspension on the mandate is lifted. -- END --