Bill Text: CA AB1688 | 2013-2014 | Regular Session | Amended
Bill Title: Developmental centers: crime.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2014-05-23 - In committee: Set, second hearing. Held under submission. [AB1688 Detail]
Download: California-2013-AB1688-Amended.html
BILL NUMBER: AB 1688 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 22, 2014
AMENDED IN ASSEMBLY MARCH 26, 2014
INTRODUCED BY Assembly Member Conway
FEBRUARY 13, 2014
An act to add Part 3 (commencing with Section 4499.01) to Division
4.1 of the Welfare and Institutions Code, relating to developmental
centers.
LEGISLATIVE COUNSEL'S DIGEST
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
jurisdiction within 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. been committed by a developmental center
employee against a developmental center resid ent.
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:
SECTION 1. Part 3 (commencing with Section 4499.01) is added to
Division 4.1 of the Welfare and Institutions Code, to read:
PART 3. Crime in Developmental Centers
CHAPTER 1. REIMBURSEMENT OF LOCAL EXPENSES
4499.01. (a) A city or county shall 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.
(b) No A city, county, or other
jurisdiction may shall not file, and
the state may shall not reimburse, a
claim pursuant to this section that is presented to the department or
to any other agency or department of the state more than six months
after the close of the month in which the costs were incurred.
4499.05. Costs incurred by a city or county include all of the
following:
(a) Costs of law enforcement agencies in connection with a matter
described in Section 4499.01.
(b) Costs of participation in any trial or hearing of a matter
described in Section 4499.01.
(c) Any costs incurred for providing training in the investigation
or prosecution associated with a matter described in Section
4499.01.
(d) Any other costs reasonably incurred by a city or county in
connection with a matter described in Section 4499.01.
4499.15. As used in this chapter, reasonable and necessary costs
shall be based upon all operating costs, including the cost of
elected officials, except superior court judges, while serving in
line functions and including all administrative costs associated with
providing the necessary services and securing reimbursement for
those costs. Administrative costs include a proportional allowance
for overhead determined in accordance with current accounting
practices.
4499.20. (a) A city or county shall designate an officer or
agency to prepare a statement of costs that shall be reimbursed under
this chapter.
(b) The statement shall be sent to the Controller for approval.
The Controller shall reimburse the city or county within 60 days
after receipt of the statement or provide a written statement as to
the reason for not making reimbursement at that time. If sufficient
funds are not available, the Controller shall request the Director of
Finance to include any amounts necessary to satisfy the claims in a
request for a deficiency appropriation.
CHAPTER 2. RESPONSE OF LOCAL LAW ENFORCEMENT
4499.50. A local law enforcement agency having jurisdiction
within over the city or county in which
the developmental center is located shall respond within 24 hours of
receiving an allegation that a crime has occurred at the
developmental center. been committed by a developmental
center employee against a developmental center resident.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
