Bill Text: CA AB1281 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Parole hearings: audioconferencing.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2011-07-12 - Vetoed by Governor. [AB1281 Detail]

Download: California-2011-AB1281-Amended.html

---

BILL NUMBER: AB 1281	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Garrick

                        FEBRUARY 18, 2011

    An act to amend Section 77003 of the Government Code,
relating to courts.   An act to amend Section 3043.25 of
the Penal Code, relating to parole. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1281, as amended, Garrick.  Trial court funding.
  Parole hearings: audioconferencing.  
   Existing law requires the Board of Parole Hearings to give notice
of a parole suitability hearing for a prisoner, upon request, to a
victim or next of kin, if the victim has died. Under existing law,
the victim, members of the victim's immediate family, representatives
designated by the victim, and specified prosecutors have a right to
appear at the hearing in person, and may appear at the hearing by
means of videoconferencing, as defined, if videoconferencing is
available at the hearing site.  
   This bill would provide that these individuals may also appear at
any parole suitability hearing by means of audioconferencing, as
defined, if audioconferencing is available at the hearing site. The
bill would further expand these rights to apply to all members of a
victim's family.  
   Existing law establishes the Trial Court Trust Fund, the proceeds
of which are required to be apportioned for authorized purposes,
including apportionment to the trial courts to fund trial court
operations. Existing law, for the purpose of funding trial court
operations, authorizes the Judicial Council to establish bank
accounts for the superior courts, into which shall be deposited all
moneys appropriated in the Budget Act and allocated or reallocated to
each court by the Judicial Council, moneys held in trust, and other
moneys as deemed necessary or appropriate. "Court operations" is
defined for these purposes.  
   This bill would make technical, nonsubstantive changes to the
provisions defining court operations. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    Section 3043.25 of the   Penal
Code   is amended to read: 
   3043.25.  Any victim, next of kin, members of the victim's
 immediate  family,  or   and
 representatives designated for a particular hearing by the
victim or next of kin in writing prior to the hearing who have the
right to appear at a hearing to review parole suitability or the
setting of a parole date, either personally as provided in Section
3043, or by a written, audiotaped, or videotaped statement as
provided in Section 3043.2, and any prosecutor who has the right to
appear pursuant to Section 3041.7, shall also have the right to
appear by means of videoconferencing  or audioconferencing 
, if videoconferencing  or audioconferencing  is available
at the hearing site. For the purposes of this section,
"videoconferencing" means the live transmission of audio and video
signals by any means from one physical location to another  and
"audioconferencing" means the live transmission of audio signals by
any means from one physical location to another  . 
  SECTION 1.    Section 77003 of the Government Code
is amended to read:
   77003.  (a) As used in this chapter, "court operations" means all
of the following:
   (1) Salaries, benefits, and public agency retirement contributions
for superior court judges and for subordinate judicial officers. For
purposes of this paragraph, "subordinate judicial officers":
   (A) Includes all commissioner or referee positions created prior
to July 1, 1997, including positions created in the municipal court
prior to July 1, 1997, which thereafter became positions in the
superior court as a result of unification of the municipal and
superior courts in a county, and including those commissioner
positions created pursuant to former Sections 69904, 70141, 70141.9,
70142.11, 72607, 73794, 74841.5, and 74908.
   (B) Includes any staff who provide direct support to
commissioners.
   (C) Does not include commissioners or staff who provide direct
support to the commissioners whose positions were created after July
1, 1997, unless approved by the Judicial Council, subject to
availability of funding.
   (2) The salary, benefits, and public agency retirement
contributions for other court staff.
   (3) Those marshals and sheriffs as the court deems necessary for
court operations.
   (4) Court-appointed counsel in juvenile court dependency
proceedings and counsel appointed by the court to represent a minor
pursuant to Chapter 10 (commencing with Section 3150) of Part 2 of
Division 8 of the Family Code.
   (5) Services and supplies relating to court operations.
   (6) Collective bargaining under Sections 71630 and 71639.3 with
respect to court employees.
   (7) Subject to paragraph (1) of subdivision (d) of Section 77212,
actual indirect costs for county and city and county general services
attributable to court operations, but specifically excluding, but
not limited to, law library operations conducted by a trust pursuant
to statute, courthouse construction, district attorney services,
probation services, indigent criminal defense, grand jury expenses
and operations, and pretrial release services.
   (8) Except as provided in subdivision (b), other matters listed as
court operations in Rule 10.810 of the California Rules of Court, as
it read on January 1, 2007.
   (b) However, "court operations" does not include collection
enhancements as defined in Rule 10.810 of the California Rules of
Court, as it read on January 1, 2007.