AB 1688, as amended, 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, abegin delete city, county, or superior courtend deletebegin insert city or countyend insert be reimbursed for reasonable and necessary costsbegin delete 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.end deletebegin insert related to the investigation end insertbegin insertor prosecution of a crime committed by a developmental center employee against a developmental center resident.end insert
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 jurisdictionbegin delete overend deletebegin insert withinend insert
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:
3
5
begin insert(a)end insertbegin insert end insert Abegin delete city, county, or superior courtend deletebegin insert city or countyend insert
9 shall be reimbursed for reasonable and necessary costs related to
10thebegin delete operation of developmental centers or residents of a
11developmental center in connection with any of the following:end delete
12begin insert
investigation or prosecution of a crime committed by a
13developmental center employee against a developmental center
14resident.end insert
P3 1(a) Any crime committed at a developmental center, whether
2by a resident, employee, or other person.
3(b) Any hearing on any return of a writ of habeas corpus
4prosecuted by or on behalf of a resident.
5(c) Any trial or hearing on the question of the sanity of a
6resident.
7(d) Any costs incurred by a coroner in connection with the death
8of a resident.
9(e) Any costs incurred in transporting a resident within the host
10county or as requested by the developmental center or incurred
11for increased security while a resident is outside a developmental
12center.
13(f)
end delete
14begin insert(b)end insert No city, county, or other jurisdiction may file, and the state
15may not reimburse, a claim pursuant to this section that is presented
16to the department or to any other agency or department of the state
17more than six months after the close of the month in which the
18costs were incurred.
Costs incurred by a city or county include all of the
20following:
21(a) Costs of law enforcement agencies in connection withbegin delete anyend delete
22begin insert aend insert matterbegin delete set forthend deletebegin insert describedend insert in Sectionbegin delete 4499.01, including the begin insert
4499.01.end insert
23investigation or evaluation of any of those matters regardless of
24whether a crime has in fact occurred, a hearing held, or an offense
25prosecuted.end delete
26(b) Costs of participation in any trial or hearing ofbegin delete anyend deletebegin insert aend insert matter
27begin deleteset forth end deletebegin insertdescribed end insertin Sectionbegin delete 4499.01, including costs for the
28preparation for the trial, pretrial hearing, actual trial or hearing,
29expert witness fees, the costs of guarding or keeping the resident,
30the transportation of the resident, the costs of appeal, and the
31execution of the sentence. The cost of
detention in a city or county
32correctional facility shall include the same cost factors as are
33utilized by the Department of Corrections and Rehabilitation in
34determining the cost of prisoner care in state correctional facilities.end delete
35begin insert 4499.01.end insert
36(c) The costs of the prosecuting attorney in investigating,
37evaluating, or prosecuting cases related to any matter set forth in
38Section 4499.01, whether or not the prosecuting attorney decides
39to commence legal action.
P4 1(d) Costs incurred by the public defender or court-appointed
2attorney with respect to any matter set forth in Section 4499.01.
3(e)
end delete
4begin insert(end insertbegin insertc)end insert Any costs incurred for providing training in the investigation
5or prosecution associated withbegin delete anyend deletebegin insert aend insert matterbegin delete set forthend deletebegin insert describedend insert in
6Section 4499.01.
7(f)
end delete
8begin insert(end insertbegin insertd)end insert Any other costs reasonably incurred by abegin insert city orend insert
county in
9connection withbegin delete anyend deletebegin insert aend insert matterbegin delete set forthend deletebegin insert describedend insert in Section
104499.01.
Costs incurred by a superior court include all of the
12following:
13(a) Costs of any trial or hearing of any matter set forth in Section
144499.01, including costs for the preparation of the trial, pretrial
15hearing, and the actual trial or hearing.
16(b) Any other costs reasonably incurred by a superior court in
17connection with any matter set forth in Section 4499.01.
As used in this chapter, reasonable and necessary
19costs shall be based upon all operating costs, including the cost of
20elected officials, except superior court judges, while serving in
21line functions and including all administrative costs associated
22with providing the necessary services and securing reimbursement
23for those costs. Administrative costs include a proportional
24allowance for overhead determined in accordance with current
25accounting practices.
(a) A city or county shall designate an officer or
27agency to prepare a statement of costs that shall be reimbursed
28under this chapter.
29(b) The statement shall be sent to the Controller for approval.
30begin delete The statement may not include any costs that are incurred by a The Controller
31superior court, as described in Section 4499.10.end delete
32shall reimburse the city or county within 60 days after receipt of
33the statement or provide a written statement as to the reason for
34not making reimbursement at that time. If sufficient funds are not
35available, the Controller shall request
the Director of Finance to
36include any amounts necessary to satisfy the claims in a request
37for a deficiency appropriation.
A superior court shall prepare a statement of costs
39that shall be reimbursed under this chapter. The state may not
40include any costs that are incurred by a city or county, as described
P5 1in Section 4499.05. The statement shall be sent to the
2Administrative Office of the Courts for approval and
3reimbursement.
4
A local law enforcement agency having jurisdiction
8begin delete overend deletebegin insert withinend insert the city or county in which the developmental center
9is located shall respond within 24 hours of receiving an allegation
10that a crime has occurred at the developmental center.
If the Commission on State Mandates determines that
12this act contains costs mandated by the state, reimbursement to
13local agencies and school districts for those costs shall be made
14pursuant to Part 7 (commencing with Section 17500) of Division
154 of Title 2 of the Government Code.
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