It is the intent of the Legislature to establish a process and funding mechanism for sheriffs that overall incur increased trial court security costs as a result of court construction projects that had an occupancy date on or after October 9, 2011.
(a) Funding for increased trial court security costs pursuant to this section shall be funded by the General Fund, subject to an annual appropriation by the Legislature.
(b) Counties that demonstrate increased trial court security costs incurred by the sheriff as a result of court construction projects that had an occupancy date on or after October 9, 2011, may request funding pursuant to this section.
(1) Requests shall be submitted to the Department of Finance, and shall include, but not be limited to, information described in subdivision (d).
(c) Counties shall assess and identify key, quantifiable differences between the previous court facility or facilities and the new or replacement facility that impose a measurable and higher level of court security costs incurred by the sheriff.
(d) In evaluating requests, the Department of Finance shall consider on a case-by-case basis relevant factors, including, but not limited to:
(1) Changes in court security due to the consolidation of court facilities.
(2) Changes in overall court security costs due to the consolidation of court facilities.
(3) The square footage of the facility that is accessible to the public.
(4) Other design considerations, such as multiple floors or the distance between entry points and courtrooms.
(5) The number of courtrooms compared to previous courtrooms.
(6) The case types and time spent on various case types being heard in the new facility as compared to the previous facility or facilities.
(7) The addition of holding cells and the escorting of inmates within the court facility.
(8) The number of public entrances and security screening stations.
(9) The presence of a security monitor or control panel.
(10) The presence, location, and expected utilization of jury assembly rooms and juries.
(11) Historical court security staffing and the use of deputies or court attendants.
(12) Personnel costs for sheriff deputies and court attendant staff within the county.
(13) The population of the county.
(e) In evaluating the number of courtrooms under paragraph (5) of subdivision (d), the addition of courtrooms for new judgeships that have not been both authorized and funded may be excluded.
(f) The Director of Finance, in his or her discretion, may limit the amount of funding provided within the annual appropriation.
(g) Funds authorized pursuant to this section shall be used exclusively to fund trial court security provided by county sheriffs. No general county administrative costs may be paid with the funds provided, including, but not limited to, the costs of administering the funds received pursuant to this section.
(h) Requests received by the Department of Finance shall be evaluated as expeditiously as possible.
(i) Requests approved by the Department of Finance shall be considered ongoing, subject to an annual appropriation by the Legislature. The appropriation shall be adjusted annually by a rate commensurate with the growth in the Trial Court Security Growth Subaccount in the prior fiscal year.
(Added by Stats. 2014, Ch. 26, Sec. 9. (AB 1468) Effective June 20, 2014.)
Last modified: October 25, 2018