BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1338
                                                                  Page  1

          Date of Hearing:   May 13, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                  AB 1338 (Anderson) - As Amended:  April 28, 2009 

          Policy Committee:                              Public  
          SafetyVote:  6-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill authorizes the presiding judge of a superior court, or  
          a judge designated by the presiding judge, together with the  
          district attorney and the public defender, to agree to establish  
          and conduct an "arraignment court program." This bill states  
          that the presiding judge of the superior court may establish  
          extended hours for the operation of an "arraignment court  
          program." 

           FISCAL EFFECT
           
          Though this measure is permissive, the intent is to provide  
          extended court hours and access. To do so requires either (a)  
          redirected resources, which creates backlogs in other areas; (b)  
          overtime, which generally costs time-and-a-half; or (c) the  
          hiring of more people, which creates new costs. 

          If 10 courts opted to provide eight additional hours each month,  
          at about $4,500 per day per court, this would total $540,000. If  
          accomplished via overtime, the cost would exceed $800,000. If  
          these 10 courts opted to redirect resources, the costs, assuming  
          no overtime for evening and weekend hours, could be a wash, but  
          would divert resources from other court functions.

          To the extent extended hours results in less jail overcrowding,  
          by requiring fewer people to spend weekends in jail, for  
          example, there would be some offsetting local savings.  At $90  
          per day, for example, should this proposal result in 2,000 fewer  
          jail-bed days per year, assuming 10 courts with eight extended  
          hours each month, the cumulative local savings would be almost  
          $200,000. 








                                                                  AB 1338
                                                                  Page  2


           COMMENTS
           
           1)Rationale  . The author contends off-hour courts will increase  
            court efficiency and availability. 

            According to the author, "Extended-hours arraignment  
            departments will increase the efficiency and effectiveness of  
            California's courts. The public would benefit from their  
            judicial system working for them in real-time, with fewer  
            bottlenecks and speedier delivery of justice for the rights of  
            all involved." 

           2)Opposition . The Judicial Council states, "The Council opposes  
            AB 1338 unless additional resources are provided for judges,  
            court staff, courtroom security, and facilities costs. 

            "There is nothing in current law that prevents a court from  
            remaining open past normal business hours. In fact,  
            arraignment calendars already extend well past 5 p.m. in order  
            to process arrestees within the statutory timeframe. With that  
            being the case, the purpose of AB 1338 is unclear."  



           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081