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, a city or county be reimbursed for reasonable and necessary costs related to the investigation or prosecution of a crime committed by a developmental center employee against a developmental center 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 jurisdictionbegin delete withinend deletebegin insert overend 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 hasbegin delete occurred at the developmental center.end deletebegin insert
been committed by a developmental center employee against a developmental center resident.end insert 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
(a) A city or county shall be reimbursed for
9reasonable and necessary costs related to the
investigation or
10prosecution of a crime committed by a developmental center
11employee against a developmental center resident.
12(b) begin deleteNo end deletebegin insertA end insertcity, county, or other jurisdictionbegin delete mayend deletebegin insert shall notend insert file,
13and the state begin deletemayend deletebegin insert shallend insert not reimburse, a claim pursuant to this
14section that is presented to the department or to any
other agency
15or department of the state more than six months after the close of
16the month in which the costs were incurred.
Costs incurred by a city or county include all of the
2following:
3(a) Costs of law enforcement agencies in connection with a
4matter described in Section
4499.01.
5(b) Costs of participation in any trial or hearing of a matter
6described in Section 4499.01.
7(c) Any costs incurred for providing training in the investigation
8or prosecution associated with a matter described in Section
94499.01.
10(d) Any other costs reasonably incurred by a city or county in
11connection with a matter described in Section 4499.01.
As used in this chapter, reasonable and necessary
13costs shall be based upon all operating costs, including the cost of
14elected officials, except superior court judges, while serving in
15line functions and including all administrative costs associated
16with providing the necessary services and securing reimbursement
17for those costs. Administrative costs include a proportional
18allowance for overhead determined in accordance with current
19accounting practices.
(a) A city or county shall designate an officer or
21agency to prepare a statement of costs that shall be reimbursed
22under this chapter.
23(b) The statement shall be sent to the Controller for approval.
24The Controller shall reimburse the city or county within 60 days
25after receipt of the statement or provide a written statement as to
26the reason for not making reimbursement at that time. If sufficient
27funds are not available, the Controller shall request the Director
28of Finance to include any amounts necessary to satisfy the claims
29in a request for a deficiency appropriation.
30
A local law enforcement agency having jurisdiction
34begin delete withinend deletebegin insert overend insert the city or county in which the developmental center
35is located shall respond within 24 hours of receiving an allegation
36that a crime hasbegin delete occurred at the developmental center.end deletebegin insert been
37committed by a developmental center employee against a
38developmental center resident.end insert
If the Commission on State Mandates determines that
40this act contains costs mandated by the state, reimbursement to
P4 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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