AB 1688, as introduced, Conway. Developmental centers: crime.
Existing law requires, upon the filing of a claim for reimbursement, a city, county, or superior court to be reimbursed for reasonable and necessary costs connected with state prisons or prisoners in connection with certain circumstances, including with any crime committed in a prison, with any hearing on any return of a writ of habeas corpus prosecuted by or on behalf of a prisoner, or with any costs incurred by a coroner in connection with the death of a prisoner.
This bill would similarly require that, upon the filing of a claim for reimbursement, a city, county, or superior court be reimbursed for reasonable and necessary costs connected with developmental centers or residence of a developmental center in connection with specified circumstances, including with any crime committed at a developmental center, with any hearing on return of a writ of habeas corpus prosecuted by or on behalf of a resident, or with any costs incurred by a coroner in connection with the death of a resident.
Existing law requires a developmental center to immediately, but no later than within 2 hours of the developmental center observing, obtaining knowledge of, or suspecting abuse, report certain incidents involving a resident to the local law enforcement agency having jurisdiction over the city or county in which the developmental center is located. Existing law provides that this reporting requirement does not prevent a developmental center from reporting any other criminal act constituting a danger to the health or safety of the residents of the developmental center to the local law enforcement agency.
This bill would require a local law enforcement agency having jurisdiction over the city or county in which the developmental center is located to respond within 24 hours of receiving an allegation that a crime has occurred at the developmental center. By imposing new duties on local officials, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Part 3 (commencing with Section 4499.01) is
2added to Division 4.1 of the Welfare and Institutions Code, to read:
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A city, county, or superior court shall be reimbursed
9for reasonable and necessary costs related to the operation of
10developmental centers or residents of a developmental center in
11connection with any of the following:
12(a) Any crime committed at a developmental center, whether
13by a resident, employee, or other person.
14(b) Any hearing on any return of a writ of habeas corpus
15prosecuted by or on behalf of a resident.
16(c) Any trial or hearing on the question of the sanity of a
17resident.
P3 1(d) Any costs incurred by a coroner in connection with the death
2of a resident.
3(e) Any costs incurred in transporting a resident within the host
4county or as requested by the developmental center or incurred
5for increased security while a resident is outside a developmental
6center.
7(f) No city, county, or other jurisdiction may file, and the state
8may not reimburse, a claim pursuant to this section that is presented
9to the department or to any other agency or department of the state
10more than six months after the close of the month in which the
11costs were incurred.
Costs incurred by a city or county include all of the
13following:
14(a) Costs of law enforcement agencies in connection with any
15matter set forth in Section 4499.01, including the investigation or
16evaluation of any of those matters regardless of whether a crime
17has in fact occurred, a hearing held, or an offense prosecuted.
18(b) Costs of participation in any trial or hearing of any matter
19set forth in Section 4499.01, including costs for the preparation
20for the trial, pretrial hearing, actual trial or hearing, expert witness
21fees, the costs of guarding or keeping the resident, the
22transportation of the resident, the costs of appeal, and the execution
23of the sentence. The cost of
detention in a city or county
24correctional facility shall include the same cost factors as are
25utilized by the Department of Corrections and Rehabilitation in
26determining the cost of prisoner care in state correctional facilities.
27(c) The costs of the prosecuting attorney in investigating,
28evaluating, or prosecuting cases related to any matter set forth in
29Section 4499.01, whether or not the prosecuting attorney decides
30to commence legal action.
31(d) Costs incurred by the public defender or court-appointed
32attorney with respect to any matter set forth in Section 4499.01.
33(e) Any costs incurred for providing training in the investigation
34or prosecution associated with any matter set forth in Section
354499.01.
36(f) Any other costs reasonably incurred by a
county in
37connection with any matter set forth in Section 4499.01.
Costs incurred by a superior court include all of the
39following:
P4 1(a) Costs of any trial or hearing of any matter set forth in Section
24499.01, including costs for the preparation of the trial, pretrial
3hearing, and the actual trial or hearing.
4(b) Any other costs reasonably incurred by a superior court in
5connection with any matter set forth in Section 4499.01.
As used in this chapter, reasonable and necessary
7costs shall be based upon all operating costs, including the cost of
8elected officials, except superior court judges, while serving in
9line functions and including all administrative costs associated
10with providing the necessary services and securing reimbursement
11for those costs. Administrative costs include a proportional
12allowance for overhead determined in accordance with current
13accounting practices.
(a) A city or county shall designate an officer or
15agency to prepare a statement of costs that shall be reimbursed
16under this chapter.
17(b) The statement shall be sent to the Controller for approval.
18The statement may not include any costs that are incurred by a
19superior court, as described in Section 4499.10. The Controller
20shall reimburse the city or county within 60 days after receipt of
21the statement or provide a written statement as to the reason for
22not making reimbursement at that time. If sufficient funds are not
23available, the Controller shall request the Director of Finance to
24include any amounts necessary to satisfy the claims in a request
25for a deficiency appropriation.
A superior court shall prepare a statement of costs
27that shall be reimbursed under this chapter. The state may not
28include any costs that are incurred by a city or county, as described
29in Section 4499.05. The statement shall be sent to the
30Administrative Office of the Courts for approval and
31reimbursement.
32
A local law enforcement agency having jurisdiction
36over the city or county in which the developmental center is located
37shall respond within 24 hours of receiving an allegation that a
38crime has occurred at the developmental center.
If the Commission on State Mandates determines that
40this act contains costs mandated by the state, reimbursement to
P5 1local agencies and school districts for those costs shall be made
2pursuant to Part 7 (commencing with Section 17500) of Division
34 of Title 2 of the Government Code.
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