BILL ANALYSIS
AB 1697
Page 1
Date of Hearing: April 20, 2010
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
AB 1697 (Hall) - Amended: April 15, 2010
SUBJECT : COURT SECURITY
KEY ISSUE : IN ORDER TO PROTECT COURTHOUSE USERS, SHOULD THE
TWO-YEAR, $10 COURT SECURITY FEE INCREASE, ENACTED AS PART OF
LAST YEAR'S BUDGET AGREEMENT TO HELP REDUCE THE COURT SECURITY
FUNDING SHORTFALL, BE EXTENDED FOR AN ADDITIONAL FIVE YEARS?
FISCAL EFFECT : As currently in print this bill is keyed fiscal.
SYNOPSIS
This non-controversial bill, co-sponsored by the Peace Officers
Research Association of California, California State Sheriffs'
Association and Los Angeles Country Sheriff Lee Baca, seeks to
extend a $10 increase in the court security fee, enacted as part
of last year's budget agreement, and to create a new Court
Security Account for all court security funds. The author
states that this bill will help fill the court security funding
shortfall and will provide more stability in the use of those
funds. There is no known opposition to this bill.
SUMMARY : Extends the $10 court security fee increase until
2016, and establishes a special court security fund.
Specifically, this bill :
1)Extends, until July 1, 2016, the $10 increase in court
security fees, so that the total security fees imposed on
every conviction for a criminal offense, including traffic
offenses, but excluding parking offenses, increases from $20
to $30.
2)Establishes the Court Security Account within the Trial Court
Trust Fund, directs all court security funds from whatever
source, including the court security fee, into that account,
and requires that funds in that account can only be expended
for court security services.
EXISTING LAW :
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1)Provides that the duties of the presiding judge of each
superior court shall include the authority to contract with a
sheriff or marshal for the necessary level of law enforcement
services in the courts. (Government Code Section 69921.5.
Unless stated otherwise, all further statutory references are
to this code.)
2)Except as otherwise provided, requires a sheriff, whenever
required, to attend all superior court actions held within his
or her county. Provides that the court may use court
attendants in courtrooms hearing noncriminal, nondelinquency
actions where the sheriff's attendance is not required.
(Section 69922.)
3)Requires that on or after July 1, 2003, the sheriff or
marshal, in conjunction with the presiding judge, shall
develop an annual or multiyear comprehensive court security
plan that includes the mutually agreed upon law enforcement
security plan, to be utilized by the court. Provides that
Judicial Council shall annually submit to the Senate and
Assembly Judiciary Committees a report summarizing the court
security plans reviewed by Judicial Council. (Section 69925.)
4)Increases, until July 1, 2011, the court security fee imposed
on every conviction for a criminal offense, including traffic
offenses, but excluding parking offenses, from $20 to $30.
COMMENTS : Today, most court security services - ranging from
bailiff functions within courtrooms to the patrol of court
facilities - are provided by the sheriff in 56 counties and
marshals, who are employees of the court, in Shasta and Trinity
counties. Court attendants provide some security in civil and
juvenile courts. This bill, sponsored by the California State
Sheriffs' Association, the Peace Officers Research Association
of California and Los Angeles Country Sheriff Lee Baca, seeks to
extend an increase in the court security fee worked out as part
of last year's budget agreement and to create a new Court
Security Account for all court security funds. According to the
author:
Instability in court security funding and a cumbersome
funding mechanism create burdens on the State, on
local courts, and on county sheriffs. State funding
continues to be impacted by salary and retirement
adjustments at the local level without any real State
AB 1697
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input into growth in those areas. Sheriffs and local
courts struggle with continual lack of certainty in
funding . . . .
Court Security Funding Shortfall : To standardize court
security, help implement court unification, and as part of the
state take over of trial court funding, the Legislature passed
the Superior Court Law Enforcement Act, SB 1396 (Dunn), Chap.
1010, Stats. 2002, which helped create greater consistency in
court security services by simplifying the process of
negotiations over court security and establishing a specific set
of guidelines both as to procedures and as to what were
allowable costs. Unfortunately, the simplified process has not
helped ensure adequate funding for court security services.
These services continue to be one of the fastest growing parts
of the trial court budgets and, according to the Judicial
Council, now represent fully 20 percent of the trial court
budget. The Judicial Council estimates that it will require $56
million in the 2010-11 budget year to bring all courts up to the
existing security standard.
This Bill Seeks to Address Some of that Shortfall by Extending
the Court Security Fee Increase for Five Additional Years : In
order to address the security funds shortfall and add some cost
containments to court security costs, two changes were made as
part of last year's budget agreement (SBx4 13 (Ducheny), Chap.
22, Stats. 2009, 2009-10 4th Ex. Sess.) First the court
security fee imposed on all criminal offenses, was increased
from $20 to $30 for a period of two years. Second, the Judicial
Council had reported that one of the reasons for the security
funding shortfall in the past is that while the Legislature
funds court security positions at the mid-level salary range,
many sheriffs assigned to court security are in the upper salary
range. In order to give the state some control over the ever
growing court security costs, salary costs were limited last
year to the average costs of salary and benefits paid to
equivalent personnel classifications, specifically excluding
overtime pay and retiree health benefits. Judicial Council
estimates that the retiree heath care costs alone are $5
million.
Given the continuing security budget shortfall, this bill seeks
to continue the $10 court security fee increase for an
additional five years, until July 1, 2016, while maintaining the
cost containment provisions from last year's budget agreement.
AB 1697
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Bill Creates a New Court Security Fund to Ensure that Security
Funds Support Court Security Services : This bill also
establishes a separate Court Security Account within the Trial
Court Trust Fund and directs that all court security funds from
whatever source, including funds from the state's general fund
and from the court security fee, be deposited into this new
account. Funds in the new Court Security Account can only be
expended on court security services. While this provision does
not increase the available pot of funds, it does ensure that
those funds can only be used for needed court security services.
REGISTERED SUPPORT / OPPOSITION :
Support
California State Sheriffs' Association (co-sponsor)
Los Angeles County Sheriff's Department (co-sponsor)
Peace Officers Research Association of California (co-sponsor)
California Correctional Supervisors Organization
Humboldt County Sheriff Gary Philp
Marin County Sheriff Robert Doyle
Opposition
None on file
Analysis Prepared by : Leora Gershenzon / JUD. / (916) 319-2334