BILL NUMBER: AB 2684	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY   APRIL 24, 2000

INTRODUCED BY   Assembly Member Bock

                        FEBRUARY 25, 2000

   An act to add Section  3608 to the Penal  
17560.5 to the Government  Code, relating to  the death
penalty   state-mandated local costs  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2684, as amended, Bock.   Death penalty:  cost savings
formula   State-mandated local costs  .
   Existing law  provides specified procedures for executing
the death penalty   establishes specified procedures for
local agencies and school districts to file claims with the
Commission on State Mandates for reimbursement of state-mandated
local programs  .
   This bill would  require the Judicial Council in
consultation with specified people and agencies, to develop a formula
that will determine the cost saving to counties when life without
parole is sought in a homicide case instead of the death penalty.
The bill would require the state to give back to the counties 75% of
the cost savings determined by the formula, in any year in which the
state has a specified budget surplus   authorize a local
agency or school district when filing a claim, to submit findings to
the commission identifying savings generated from the implementation
of the mandated program and would provide for allocation of the
savings, as specified  .   This provision would become
operative on January 1, 2003. 
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  
  SECTION 1.  Section 3608 is added to the Penal Code,  

  SECTION 1.  Section 17560.5 is added to the Government Code, to
read: 
   17560.5.  A local agency or school district filing a claim for
reimbursement of state-mandated costs may submit findings to the
commission identifying savings generated from implementation of the
mandate.  If the commission finds that the local agency or school
district has generated reduced costs over a reasonable period of
time, the Controller shall provide to the local agency or school
district an appropriate amount representing a portion, not exceeding
one-third, of the realized savings.  One-third of the amount of the
realized savings shall be paid to the state agency administering the
program, if any, and the remainder of the realized savings shall be
paid to the General Fund.  These amounts shall be paid at the time
that the claim is paid from funds made available by the Legislature
for this purpose.
  SEC. 2.  This act shall become operative on January 1, 2003.
 to read:
   3608.  (a) The Judicial Council, in consultation with county
representatives, district attorneys, county probation departments,
and local law enforcement agencies, shall develop a formula to
determine the cost savings to counties when life without parole is
sought in a homicide case instead of the death penalty. The formula
shall cover a 10-year period and shall be adjusted annually.
   (b) Using the formula developed in subdivision (a), the Judicial
Counsel shall determine for each county whether the county has
realized a savings.
   (c) Based upon the cost savings determined in subdivision (b), the
state shall give back to counties 75 percent of the cost savings
realized by that county, because life without parole is sought in
homicide cases instead of the death penalty, in any fiscal year in
which the state has a budget surplus of $1,000,000,000 or more.