SB - 78 - Administration of Justice

AMENDED IN ASSEMBLY MARCH 14, 2011
SENATE BILL No. 78
Introduced by Committee on Budget and Fiscal Review
January 10, 2011
An act relating to the Budget Act of 2011.An act to amend Sections

11044, 20398, 68511.8, and 77206 of the Government Code, to amend
Sections 830.2, 830.5, and 6126.1 of, and to amend and repeal Section
1465.8 of, the Penal Code, to amend Sections 1051, 1826, 1850, 1850.5,
1851, 2250, 2250.4, 2250.6, 2253, and 2620 of the Probate Code, and
to add Part 2.5 (commencing with Section 19201) to Division 2 of the
Public Contract Code, relating to the administration of justice, making
an appropriation therefor, and declaring the urgency thereof, to take
effect immediately, bill related to the budget.
legislative counsel’s digest

SB 78, as amended, Committee on Budget and Fiscal Review. Budget
Act of 2011. Administration of justice.
(1) Existing law created the Legal Services Revolving Fund in the
State Treasury. Existing law requires the Attorney General to charge
the costs incurred in providing legal services. Existing law prohibits
charges, except as approved by the Department of Finance, for legal
services to be against the General Fund. Existing law requires the
Controller to transfer the amount of the charges for services rendered
from the agency’s appropriation to the appropriation for the support
of the Attorney General’s Office; however, the Attorney General is
prohibited from requesting an amount that exceeds the amount budgeted
by the state agency for the Attorney General’s legal services.
This bill would delete the prohibition that charges for legal services
cannot be made against the General Fund. This bill would require the
98
SB 78 —2—
Controller to transfer the amount of the charges for services rendered

from the agency’s appropriation to the appropriation for the support
of the Attorney General’s office using the Controller’s direct transfer
process. This bill would require all disputes to be resolved in accordance
with a specified provision of the State Administrative Manual.
(2) Existing law classifies certain police officers, sheriff deputies,
and firefighters who have responsibility for the direct supervision of
state peace officer/firefighter personnel as state peace officer/firefighter
members under the Public Employees’ Retirement System (PERS).
Employees classified as safety members under PERS, including state
peace officer/firefighter members, are generally entitled to higher
benefits and subject to higher contribution rates than employees
classified as miscellaneous or general members. Certain employees of
the Office of the Inspector General are peace officers and entitled to
state peace officer/firefighter benefits under PERS.
This bill would include in the state peace officer/firefighter
classification employees of the Office of the Inspector General who are
no longer peace officers after the effective date of this act but who were
hired as peace officers prior to April 1, 2011, or prior to the first day
of the first pay period following the enactment of this act if this act is
enacted after April 1, 2011.
(3) Existing law requires the Judicial Council to provide an annual
status report to the chairpersons of the budget committee in each house
of the Legislature and the Joint Legislative Budget Committee regarding
the California Case Management System and Court Accounting and
Reporting System on or before December 1 of each year until project
completion. Existing law requires the Administrative Office of the Courts
(AOC) to annually provide to those chairpersons copies of any
independent project oversight report for the California Case
Management System.
(4) Existing law also provides that the California Case Management
System, and all other administrative and infrastructure information
technology projects of the Judicial Council or the courts with total costs
estimated at more than $5,000,000, shall be subject to the review and
recommendations of the office of the State Chief Information Officer,
as specified. Existing law requires the State Chief Information Officer
to submit a copy of those reviews and recommendations to the Joint
Legislative Budget Committee.
This bill would instead require the Judicial Council to provide the
above-described status report on or before December 1 of each year
98
—3— SB 78
until the completion and full implementation of the project. The bill
would also require the AOC to retain an independent consultant to
review the California Case Management System and produce a written
independent assessment of the system, as specified. The bill would, prior
to the acceptance and deployment of the system, require the independent
consultant to provide the written assessment to the AOC, require the
AOC to provide a copy of the written assessment to legislative budget
committees, as specified, and require the AOC to work with the
development vendor to ensure that any flaws, defects, or risks identified
in the assessment are remedied during the warranty period.
(5) Existing law provides that the Judicial Council may regulate the
budget and fiscal management of the trial courts. Existing law requires
the Administrative Office of the Courts to contract with the Controller
to perform specified audits, except as specified.
This bill would require that the audits referenced above additionally
determine compliance with the California Judicial Branch Contract
Law, as described in (9) below.
Existing law creates the independent Office of the Inspector General
and provides that it is not a subdivision of any other government entity.
The Inspector General and certain other employees of the office are
peace officers provided that the primary duty of these peace officers is
conducting audits of investigatory practices and other audits, as well
as conducting investigations, of the Department of Corrections and
Rehabilitation, Division of Juvenile Justice, and the Board of Parole
Hearings.
This bill would remove the Inspector General and other employees
of his or her office as peace officers, except for those employees whose
primary duties are conducting investigations of the Department of
Corrections and Rehabilitation, Division of Juvenile Justice, and the
Board of Parole Hearings. The bill would make conforming changes.
The bill would further make nonsubstantive, technical changes to these
provisions.
(7) Existing law requires that $40 be imposed on every conviction
for a criminal offense, including traffic offenses, to ensure and maintain
adequate funding for court security. Existing law requires that amount
to be reduced to $30 on July 1, 2011, and reduced to $20 on July 1,
2013.
This bill would instead keep in effect the charge of $40 until July 1,
2013, at which time the charge would be reduced to $30. The bill would
delete the provision reducing the charge to $20.
98
SB 78 —4—
(8) Existing law regulates the terms and conditions of

conservatorships. Existing law authorizes a court to refer certain issues
relating to a conservatorship to a court investigator and prescribes the
duties of a investigator in this regard which include interviewing
specified relatives of a proposed conservatee, conducting investigations
of, and reporting to a court about, the appropriateness of a
conservatorship, and, to the extent practicable, reviewing accountings
with a conservatee. Existing law requires a court to review each limited
conservatorship one year after the appointment of the conservator and
biennially thereafter. Existing law permits specified parties to file a
petition for an appointment of a temporary guardian or a temporary
conservator and establishes requirements for the petition and for notice
of the hearing on the petition. Existing law also creates various
requirements for a court in this regard, and for a court investigator,
including interviewing a proposed conservatee and informing him or
her of the nature, purpose, and effect of a temporary conservatorship.
This bill would provide that a superior court is not required to perform
certain duties enacted by specified statutes in relation to
conservatorships, described above, until an appropriation is made that
is identified for this purpose.
(9) The Public Contract Code generally governs contracts entered
into by a state agency, including contracts for the erection, construction,
alteration, repair, or improvement of any state structure, building, road,
or other state improvement of any kind, as prescribed, and the
acquisition of goods and services, by the state agency, and also sets
forth the requirements for the solicitation and evaluation of bids and
the awarding of those contracts. For purposes of those laws, “state
agency” does not include the courts, or any agency in the judicial
branch of government.
This bill would create the California Judicial Branch Contract Law,
which would apply specified provisions of the Public Contract Code
applicable to state agencies and departments to specified contracts
initially entered into or amended by judicial branch entities, as defined,
on or after October 1, 2011, as provided. The bill would require
specified contracts to be subject to review by the Bureau of State Audits
and all administrative and infrastructure information technology
projects of the Judicial Council to be subject to review by the California
Technology Agency, as specified.
This bill would provide that the California Judicial Branch Contract
Law does not apply to procurement and contracting by judicial branch
98
—5— SB 78
entities that are related to trial court construction, including, but not
limited to, the planning, design, construction, rehabilitation, renovation,
replacement, lease, or acquisition of trial court facilities.
This bill would also require the Judicial Council to provide a report
containing certain information relating to procurement to the Joint
Legislative Budget Committee twice a year beginning in 2002, as
specified, and, by January 15, 2013, to provide a report to the Joint
Legislative Budget Committee on the process, transparency, costs, and
timeliness of its construction procurement practices. The bill would
also require the Legislative Analyst’s Office to conduct an analysis of
the findings. The Legislative Analyst’s Office may request that the
Department of General Services provide comparable information, as
specified. The bill would require the audits referenced in (5) above to
include an audit and report by the State Auditor on his or her assessment
of the implementation of the California Judicial Branch Contract Law
by the judicial branch. The bill would provide that the State Auditor
shall be reimbursed by the judicial branch entity that is the subject of
the audit for all reasonable costs associated with conducting that audit.
(10) The DNA Fingerprint, Unresolved Crime and Innocence
Protection Act, an initiative measure, requires an additional penalty
of one dollar for every $10 or part thereof to be levied in each county
upon every fine, penalty, or forfeiture imposed and collected by the
courts for all criminal offenses, as specified. The act requires 25% of
those moneys to be transferred to the state’s DNA Identification Fund
and specifies the purposes for which those funds may be used.
This bill would appropriate $1,000 from the DNA Identification Fund
to the Department of Justice for state operations, consistent with those
purposes, in the 2011–2012 fiscal year.
(11) The California Constitution authorizes the Governor to declare
a fiscal emergency and to call the Legislature into special session for
that purpose. Governor Schwarzenegger issued a proclamation
declaring a fiscal emergency, and calling a special session for this
purpose, on December 6, 2010. Governor Brown issued a proclamation
on January 20, 2011, declaring and reaffirming that a fiscal emergency
exists and stating that his proclamation supersedes the earlier
proclamation for purposes of that constitutional provision.
This bill would state that it addresses the fiscal emergency declared
and reaffirmed by the Governor by proclamation issued on January
20, 2011, pursuant to the California Constitution.
98
SB 78 —6—
(12) This bill would declare that it is to take immediate effect as an

urgency statute and a bill providing for appropriations related to the
Budget Bill.
This bill would express the intent of the Legislature to enact statutory
changes relating to the Budget Act of 2011.
Vote: majority 2⁄3. Appropriation: no yes. Fiscal committee: no
yes. State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 11044 of the Government Code is

2 amended to read:
3 11044. (a) The Legal Services Revolving Fund is hereby
4 created in the State Treasury. The Department of Justice shall
5 administer this fund. Moneys in the fund, upon appropriation by
6 the Legislature, shall be used by the Attorney General for
7 investigation and litigation activities taken on behalf of the state
8 agencies employing the legal services of the department and for
9 investigation and litigation activities funded through judgments
10 or settlements.
11 (b) For state agencies, departments, or programs that are charged
12 for the costs of legal services rendered by the Attorney General,
13 the Attorney General shall charge an amount sufficient to recover
14 the costs incurred in providing the legal services. These funds shall
15 be deposited into the Legal Services Revolving Fund. Except as
16 approved by the Department of Finance, charges for legal services
17 may not be made against the General Fund, but may be made
18 against any other fund or special account in the General Fund.
19 (c) Upon the request of the Attorney General in the form
20 prescribed by the Controller, the Controller shall transfer the
21 amount of the charges for services rendered from the agency’s
22 appropriation to the appropriation for the support of the Attorney
23 General’s office, provided that the Attorney General shall not
24 request an amount which, when added to previous charges in the
25 same fiscal year, exceeds the amount budgeted by the state agency
26 for Attorney General legal services using the Controller’s direct
27 transfer process. Payments for these charges shall be credited to
28 and in augmentation of the appropriation for the support of the
29 Attorney General’s office from which the cost of the services was
30 or will be paid.
98
—7— SB 78
1 (d) A state agency that has a dispute regarding charges for legal
2 services provided by the Attorney General shall notify the Attorney
3 General, in writing, of the dispute and the basis for it. The Attorney
4 General shall immediately provide a credit to the state agency in
5 the subsequent billing or billings for the amount of the charges in
6 dispute. No further transfer of funds shall occur with respect to
7 the services for which charges are disputed until the dispute is
8 resolved by the Attorney General, subject to the approval of the
9 Department of Finance. All disputes shall be resolved in
10 accordance with subdivision (l) of Section 8474.1 of Chapter 8400
11 of the State Administrative Manual. Upon resolution of the dispute
12 in favor of the state agency, the Attorney General shall provide a
13 credit to the state agency for the amount of the charges in dispute.
14 SEC. 2. Section 20398 of the Government Code is amended to
15 read:
16 20398. “State peace officer/firefighter member” also includes:
17 (a) (1) State officers and employees designated as peace officers
18 as defined in Sections 830.1, 830.2, 830.3, 830.38, 830.4, and
19 830.5 of the Penal Code, or a firefighter whose principal duties
20 consist of active firefighting/fire suppression, who is either
21 excluded from the definition of state employee in subdivision (c)
22 of Section 3513 or is a nonelected officer or employee of the
23 executive branch of government who is not a member of the civil
24 service, if the majority of his or her duties consists of one of the
25 following:
26 (A) Responsibility for the direct supervision of state peace
27 officer/firefighter personnel specified in Sections 20391, 20392,
28 20393, and 20395.
29 (B) Conducting investigations or audits of investigatory practices
30 and other audits of, or in, the Department of Corrections and
31 Rehabilitation.
32 (C) Administration of programs of an agency, department, or
33 other organizational unit that is primarily responsible for active
34 law enforcement or active firefighting/fire suppression.
35 (2) For purposes of this subdivision, “administration” means
36 the actions of the employee designated as a peace officer/firefighter
37 member in a position that is in the direct chain of command over
38 an agency, department, or organizational unit in which the majority
39 of employees are state peace officer/firefighter members as
40 described in Section 20391, 20392, 20393, or 20395.
98
SB 78 —8—
1 (b) “State peace officer/firefighter member” shall not include

2 persons whose primary responsibilities are limited to personnel
3 administration, budgeting, public affairs, data processing or
4 information technology, governmental relations, or legal support,
5 or administration or oversight of these responsibilities.
6 (c) “State peace officer/firefighter member” shall include
7 individuals hired prior to January 1, 2009, who do not meet the
8 criteria in subdivision (a) if those individuals have been
9 continuously employed in positions that were deemed to come
10 within the “state peace officer/firefighter member” classification
11 pursuant to this section prior to January 1, 2009.
12 (d) “State peace officer/firefighter member” shall include
13 individuals hired prior to April 1, 2011, or the first day of the first
14 pay period following the enactment of the act that added this
15 subdivision if that act is enacted after April 1, 2011, who do not
16 meet the criteria in subdivision (a) if those individuals have been
17 continuously employed in positions in the Office of the Inspector
18 General that were deemed to come within the “state peace
19 officer/firefighter member” classification pursuant to this section
20 prior to April 1, 2011, or prior to the first day of the first pay
21 period following the enactment of the act that added this
22 subdivision if that act is enacted after April 1, 2011.
23 (d)
24 (e) The Department of Personnel Administration shall annually
25 determine which classes meet the conditions described in this
26 section and are not classes specified in Sections 20391, 20392,
27 20393, and 20395, and report its findings to the Legislature and
28 to this system, to be effective July 1 of each year. An agency or
29 department shall not designate a classification as a “state peace
30 officer/firefighter member” classification pursuant to this section
31 without prior approval from the Department of Personnel
32 Administration.
33 (e)
34 (f) Members who are reclassified pursuant to this section may
35 file an irrevocable election to remain subject to their prior
36 retirement formula and the corresponding rate of contributions.
37 The Secretary of the Department of Corrections and Rehabilitation
38 may, upon appointment to that office on or after January 1, 1999,
39 file an irrevocable election to be subject to the industrial formula
40 and the corresponding rate of contributions. The elections shall be
98
—9— SB 78
1 filed within 90 days of notification by the board. Members who

2 so elect shall be subject to the reduced benefit factors specified in
3 Section 21353 or 21354.1, as applicable, only for the service
4 included in the federal system.
5 SEC. 3. Section 68511.8 of the Government Code is amended
6 to read:
7 68511.8. (a) On or before December 1 of each year until
8 project completion the completion and full implementation of the
9 project, the Judicial Council shall provide an annual status report
10 to the chairperson of the budget committee in each house of the
11 Legislature and the chairperson of the Joint Legislative Budget
12 Committee with regard to the California Case Management System
13 and Court Accounting and Reporting System. The report shall
14 include, but is not limited to, all of the following:
15 (1) Project accomplishments to date.
16 (2) Project activities underway.
17 (3) Proposed activities.
18 (4) Annual revenues and expenditures to date in support of these
19 projects, which shall include all costs for the Administrative Office
20 of the Courts and incremental court personnel, contracts, and
21 hardware and software.
22 (b) On or before December 1 of each year until project
23 completion, the Administrative Office of the Courts shall provide,
24 on an annual basis to the chairperson of the budget committee in
25 each house of the Legislature and the chairperson of the Joint
26 Legislative Budget Committee, copies of any independent project
27 oversight report for the California Case Management System. The
28 independent project oversight report shall include, but is not limited
29 to, a review and an assessment of project activities, identification
30 of deficiencies, and recommendations to the Administrative Office
31 of the Courts on how to address those deficiencies. The
32 Administrative Office of the Courts shall include in the annual
33 submission descriptions on actions taken to address identified
34 deficiencies.
35 (c) Within 18 months of fully implementing the California Case
36 Management System and the Court Accounting and Reporting
37 System projects, the Administrative Office of the Courts shall
38 provide to the chairperson of the budget committee in each house
39 of the Legislature and the chairperson of the Joint Legislative
40 Budget Committee, a postimplementation evaluation report for
98
SB 78 — 10 —
1 each project. The report shall include, but is not limited to, a
2 summary of the project background, project results, and an
3 assessment of the attainment of project objectives.
4 (d) From the amount of funds that the Judicial Council has
5 approved for the development and implementation of the California
6 Case Management System (CCMS), the Administrative Office of
7 the Courts shall retain an independent consultant to review the
8 system and produce a written independent assessment. The
9 independent consultant who performs this independent assessment
10 shall be selected through a competitive process. The independent
11 assessment shall include, at a minimum, all of the following:
12 (1) An evaluation of whether the appropriate software
13 development processes were used to develop the system.
14 (2) A determination of whether the system was well designed,
15 based on generally accepted software development practices.
16 (3) Testing of the system to detect potential flaws in the system’s
17 ability to perform as expected.
18 (e) Prior to acceptance of the CCMS product from the
19 development vendor, and before deploying CCMS to any court,
20 all of the following shall have occurred:
21 (1) The independent consultant shall provide the written
22 independent assessment to the Administrative Office of the Courts.
23 (2) The Administrative Office of the Courts shall provide a copy
24 of the written independent assessment to each of the chairs and
25 vice-chairs of the Senate Committee on Budget and Fiscal Review
26 and the Assembly Committee on Budget no later than 10 days after
27 it receives the assessment from the independent consultant.
28 (f) Upon receiving the results of the independent assessment,
29 the Administrative Office of the Courts shall work with the
30 development vendor to ensure that any flaws, defects, or risks
31 identified in the independent assessment are remedied during the
32 warranty period.
33 SEC. 4. Section 77206 of the Government Code is amended to
34 read:
35 77206. (a) Notwithstanding any other law, the Judicial Council
36 may regulate the budget and fiscal management of the trial courts.
37 The Judicial Council, in consultation with the Controller, shall
38 maintain appropriate regulations for recordkeeping and accounting
39 by the courts. The Judicial Council shall seek to ensure, by these
40 provisions, both of the following:
98
— 11 — SB 78
1 (1) That the fiscal affairs of the trial courts are managed

2 efficiently, effectively, and responsibly.
3 (2) That all moneys collected by the courts, including filing
4 fees, fines, forfeitures, and penalties, and all revenues and
5 expenditures relating to court operations are known.
6 The Judicial Council may delegate its authority under this
7 section, when appropriate, to the Administrative Director of the
8 Courts.
9 (b) Regulations, rules, and reporting requirements adopted
10 pursuant to this chapter shall be exempt from review and approval
11 or other processing by the Office of Administrative Law as
12 provided for in Chapter 3.5 (commencing with Section 11340) of
13 Part 1 of Division 3 of Title 2.
14 (c) The Controller, at the request of the Legislature, may perform
15 and publish financial and fiscal compliance audits of the reports
16 of court revenues and expenditures. The Controller shall report
17 the results of these audits to the Legislature and the Judicial
18 Council.
19 (d) The Judicial Council shall provide for the transmission of
20 summary information concerning court revenues and expenditures
21 to the Controller.
22 (e) The Judicial Council shall adopt rules to provide for
23 reasonable public access to budget allocation and expenditure
24 information at the state and local levels.
25 (f) The Judicial Council shall adopt rules ensuring that, upon
26 written request, the trial courts provide, in a timely manner,
27 information relating to the administration of the courts, including
28 financial information and other information that affects the wages,
29 hours, and working conditions of trial court employees.
30 (g) (1) The Judicial Council or its representatives may do any
31 of the following:
32 (A) Inspect, review, and perform comprehensive oversight and
33 analysis of court financial records wherever they may be located.
34 (B) Investigate allegations of financial impropriety or
35 mismanagement.
36 (2) The authority granted pursuant to this subdivision shall not
37 substitute for, or conflict with, the audits conducted pursuant to
38 subdivisions (h) and (i).
39 (h) (1) Commencing not earlier than July 1, 2011, and not later
40 than December 15, 2012, the entity contracted with pursuant to
98
SB 78 — 12 —
1 subdivision (j) shall establish a pilot program to audit six trial

2 courts. That entity shall select the trial courts using the following
3 criteria:
4 (A) Two trial courts selected from counties with a population
5 of 200,000 or less.
6 (B) Two trial courts selected from counties with a population
7 greater than 200,000 and less than 750,000.
8 (C) Two trial courts selected from counties with a population
9 of 750,000 or greater.
10 The audits shall be performed in accordance with generally
11 accepted government auditing standards and shall determine the
12 trial court’s compliance with governing statutes, rules, and
13 regulations relating to the revenues, expenditures, and fund
14 balances of all material and significant funds, including state
15 General Fund funds, funds generated from fees or fines, federal
16 funds, grants, and any other funds within the trial court’s
17 administration or control. Pursuant to Section 19210 of the Public
18 Contract Code, the audit shall also determine compliance with
19 Part 2.5 (commencing with Section 19201) of Division 2 of the
20 Public Contract Code. The audits required by this section shall be
21 in addition to any audit regularly conducted pursuant to any other
22 provision of law.
23 (2) Based on the results of the pilot program audits described
24 in paragraph (1), the entity contracted with pursuant to subdivision
25 (j) shall, on or before December 15, 2013, commence an audit of
26 the trial courts, provided that every trial court is audited in the
27 manner prescribed by this section at least once every four years.
28 The audits shall be performed in accordance with generally
29 accepted government auditing standards and shall determine the
30 trial court’s compliance with governing statutes, rules, and
31 regulations relating to the revenues, expenditures, and fund
32 balances of all material and significant funds, including state
33 General Fund funds, funds generated from fees or fines, federal
34 funds, grants, or any other funds within the trial court’s
35 administration or control. Pursuant to Section 19210 of the Public
36 Contract Code, the audit shall also determine compliance with
37 Part 2.5 (commencing with Section 19201) of Division 2 of the
38 Public Contract Code. The audits required by this paragraph shall
39 be in addition to any audit regularly conducted pursuant to any
40 other provision of law.
98
— 13 — SB 78
1 (3) Notwithstanding Section 10231.5, the auditing entity shall

2 compile the trial court audit findings and report the results of these
3 audits to the Legislature, the Judicial Council, and the Department
4 of Finance no later than April 1 of each year. An audit report shall
5 not be considered final until the audited entity is provided a
6 reasonable opportunity to respond and the response is included
7 with, or incorporated into, the report.
8 (4) The reasonable and necessary contracted cost of the audit
9 conducted pursuant to this subdivision shall be paid from funds
10 of the local trial court being audited.
11 (i) (1) On or before December 15, 2013, and biennially
12 thereafter, the entity contracted with pursuant to subdivision (j)
13 shall perform an audit of the Administrative Office of the Courts
14 in accordance with generally accepted government auditing
15 standards and shall determine the Administrative Office of the
16 Court’s compliance with governing statutes, rules, regulations,
17 and policies relating to the revenues, expenditures, and fund
18 balances of all material and significant funds under the
19 administration, jurisdiction, or control of the Administrative Office
20 of the Courts. Pursuant to Section 19210 of the Public Contract
21 Code, the audit shall also determine compliance of the
22 Administrative Office of the Courts, the Habeas Corpus Resource
23 Center, and the appellate courts with Part 2.5 (commencing with
24 Section 19201) of Division 2 of the Public Contract Code.
25 (2) Notwithstanding Section 10231.5, the auditing entity shall
26 provide a copy of the final audit report of the Administrative Office
27 of the Courts to the Legislature, the Judicial Council, and the
28 Department of Finance upon issuance. An audit report shall not
29 be considered final until the audited entity is provided a reasonable
30 opportunity to respond and the response is included with, or
31 incorporated into, the report.
32 (3) Any reasonable and necessary contracted costs incurred by
33 the auditing entity pursuant to this subdivision shall be reimbursed
34 by the Administrative Office of the Courts.
35 (j) The Administrative Office of the Courts shall contract with
36 the Controller to perform the audits described in subdivisions (h)
37 and (i), unless either the Bureau of State Audits or the Department
38 of Finance demonstrates that it can perform the audits pursuant to
39 the same timeframes, scope, and methodology as the Controller
40 for a cost that is less than that proposed by the Controller. In that
98
SB 78 — 14 —
1 case, the Administrative Office of the Courts may contract with

2 the state entity named in this subdivision that is most cost effective.
3 The Administrative Office of the Courts shall provide written
4 notification to the chairs of the Senate Committee on Budget and
5 Fiscal Review, the Assembly Committee on Budget, and the Senate
6 and Assembly Committees on Judiciary, if the Administrative
7 Office of the Courts contracts with an entity other than the
8 Controller. The contract period for any contract entered into
9 pursuant to this section shall not exceed four years from the date
10 of commencement.
11 (k) A report submitted pursuant to subdivision (h) or (i) shall
12 be submitted in compliance with Section 9795.
13 SEC. 5. Section 830.2 of the Penal Code is amended to read:
14 830.2. The following persons are peace officers whose authority
15 extends to any place in the state:
16 (a) Any member of the Department of the California Highway
17 Patrol including those members designated under subdivision (a)
18 of Section 2250.1 of the Vehicle Code, provided that the primary
19 duty of the peace officer is the enforcement of any law relating to
20 the use or operation of vehicles upon the highways, or laws
21 pertaining to the provision of police services for the protection of
22 state officers, state properties, and the occupants of state properties,
23 or both, as set forth in the Vehicle Code and Government Code.
24 (b) A member of the University of California Police Department
25 appointed pursuant to Section 92600 of the Education Code,
26 provided that the primary duty of the peace officer shall be the
27 enforcement of the law within the area specified in Section 92600
28 of the Education Code.
29 (c) A member of the California State University Police
30 Departments appointed pursuant to Section 89560 of the Education
31 Code, provided that the primary duty of the peace officer shall be
32 the enforcement of the law within the area specified in Section
33 89560 of the Education Code.
34 (d) (1) Any member of the Office of Correctional Safety of the
35 Department of Corrections and Rehabilitation, provided that the
36 primary duties of the peace officer shall be the investigation or
37 apprehension of inmates, wards, parolees, parole violators, or
38 escapees from state institutions, the transportation of those persons,
39 the investigation of any violation of criminal law discovered while
40 performing the usual and authorized duties of employment, and
98
— 15 — SB 78
1 the coordination of those activities with other criminal justice

2 agencies.
3 (2) Any member of the Office of Internal Affairs of the
4 Department of Corrections and Rehabilitation, provided that the
5 primary duties shall be criminal investigations of Department of
6 Corrections and Rehabilitation personnel and the coordination of
7 those activities with other criminal justice agencies. For purposes
8 of this subdivision, the member of the Office of Internal Affairs
9 shall possess certification from the Commission on Peace Officer
10 Standards and Training for investigators, or have completed
11 training pursuant to Section 6126.1 of the Penal Code.
12 (e) Employees of the Department of Fish and Game designated
13 by the director, provided that the primary duty of those peace
14 officers shall be the enforcement of the law as set forth in Section
15 856 of the Fish and Game Code.
16 (f) Employees of the Department of Parks and Recreation
17 designated by the director pursuant to Section 5008 of the Public
18 Resources Code, provided that the primary duty of the peace officer
19 shall be the enforcement of the law as set forth in Section 5008 of
20 the Public Resources Code.
21 (g) The Director of Forestry and Fire Protection and employees
22 or classes of employees of the Department of Forestry and Fire
23 Protection designated by the director pursuant to Section 4156 of
24 the Public Resources Code, provided that the primary duty of the
25 peace officer shall be the enforcement of the law as that duty is
26 set forth in Section 4156 of the Public Resources Code.
27 (h) Persons employed by the Department of Alcoholic Beverage
28 Control for the enforcement of Division 9 (commencing with
29 Section 23000) of the Business and Professions Code and
30 designated by the Director of Alcoholic Beverage Control, provided
31 that the primary duty of any of these peace officers shall be the
32 enforcement of the laws relating to alcoholic beverages, as that
33 duty is set forth in Section 25755 of the Business and Professions
34 Code.
35 (i) Marshals and police appointed by the Board of Directors of
36 the California Exposition and State Fair pursuant to Section 3332
37 of the Food and Agricultural Code, provided that the primary duty
38 of the peace officers shall be the enforcement of the law as
39 prescribed in that section.
98
SB 78 — 16 —
1 (j) The Inspector General, pursuant to Section 6125, and the

2 Chief Deputy Inspector General, Chief Assistant Inspector General,
3 Deputy Inspector General In Charge, Senior Deputy Inspector
4 General, Deputy Inspector General, Senior Assistant Inspector
5 General, Special Assistant Inspector General, and those employees
6 Employees of the Inspector General as designated by the Inspector
7 General are peace officers, provided that the primary duty of these
8 peace officers shall be conducting audits of investigatory practices
9 and other audits, as well as conducting investigations, of the
10 Department of Corrections and Rehabilitation, Division of Juvenile
11 Justice, and the Board of Parole Hearings.
12 SEC. 6. Section 830.5 of the Penal Code, as amended by
13 Section 66 of Chapter 178 of the Statutes of 2010, is amended to
14 read:
15 830.5. The following persons are peace officers whose authority
16 extends to any place in the state while engaged in the performance
17 of the duties of their respective employment and for the purpose
18 of carrying out the primary function of their employment or as
19 required under Sections 8597, 8598, and 8617 of the Government
20 Code. Except as specified in this section, these peace officers may
21 carry firearms only if authorized and under those terms and
22 conditions specified by their employing agency:
23 (a) A parole officer of the Department of Corrections or the
24 Department of the Youth Authority and Rehabilitation, or the
26 Parole Operations, probation officer, deputy probation officer, or
27 a board coordinating parole agent employed by the Youthful
28 Offender Parole Board Juvenile Parole Board. Except as otherwise
29 provided in this subdivision, the authority of these parole or
30 probation officers shall extend only as follows:
31 (1) To conditions of parole or of probation by any person in this
32 state on parole or probation.
33 (2) To the escape of any inmate or ward from a state or local
34 institution.
35 (3) To the transportation of persons on parole or probation.
36 (4) To violations of any penal provisions of law which are
37 discovered while performing the usual or authorized duties of his
38 or her employment.
39 (5) (A) To the rendering of mutual aid to any other law
40 enforcement agency.
98
— 17 — SB 78
1 For
2 (B) For the purposes of this subdivision, “parole agent” shall
3 have the same meaning as parole officer of the Department of
4 Corrections or of the Department of the Youth Authority and
5 Rehabilitation or of the Department of Corrections and
6 Rehabilitation, Division of Juvenile Justice.
7 Any
8 (C) Any parole officer of the Department of Corrections, the
9 Department of the Youth Authority, or the Youthful Offender
10 Parole Board and Rehabilitation, or the Department of Corrections
11 and Rehabilitation, Division of Juvenile Parole Operations, is
12 authorized to carry firearms, but only as determined by the director
13 on a case-by-case or unit-by-unit basis and only under those terms
14 and conditions specified by the director or chairperson. The
15 Department of the Youth Authority Department of Corrections
16 and Rehabilitation, Division of Juvenile Justice, shall develop a
17 policy for arming peace officers of the Department of the Youth
18 Authority Department of Corrections and Rehabilitation, Division
19 of Juvenile Justice, who comprise “high-risk transportation details”
20 or “high-risk escape details” no later than June 30, 1995. This
21 policy shall be implemented no later than December 31, 1995.
22 The Department of the Youth Authority
23 (D) The Department of Corrections and Rehabilitation, Division
24 of Juvenile Justice, shall train and arm those peace officers who
25 comprise tactical teams at each facility for use during “high-risk
26 escape details.”
27 (b) A correctional officer employed by the Department of
28 Corrections or any employee of the Department of the Youth
29 Authority and Rehabilitation, or of the Department of Corrections
30 and Rehabilitation, Division of Juvenile Justice, having custody
31 of wards or the Inspector General of the Youth and Adult
32 Correctional Agency or any internal affairs investigator under the
33 authority of the Inspector General or any employee of the
34 Department of Corrections and Rehabilitation designated by the
35 Director of Corrections secretary or any correctional counselor
36 series employee of the Department of Corrections and
37 Rehabilitation or any medical technical assistant series employee
38 designated by the Director of Corrections secretary or designated
39 by the Director of Corrections secretary and employed by the State
40 Department of Mental Health or any employee of the Board of
98
SB 78 — 18 —
1 Prison Terms Board of Parole Hearings designated by the

2 Secretary of the Youth and Adult Correctional Agency secretary
3 or employee of the Department of the Youth Authority Department
4 of Corrections and Rehabilitation, Division of Juvenile Justice,
5 designated by the Director of the Youth Authority secretary or
6 any superintendent, supervisor, or employee having custodial
7 responsibilities in an institution operated by a probation
8 department, or any transportation officer of a probation department.
9 (c) The following persons may carry a firearm while not on
10 duty: a parole officer of the Department of Corrections or the
11 Department of the Youth Authority and Rehabilitation, or the
13 Justice, a correctional officer or correctional counselor employed
14 by the Department of Corrections or any employee of the
15 Department of the Youth Authority and Rehabilitation, or an
16 employee of the Department of Corrections and Rehabilitation,
17 Division of Juvenile Justice, having custody of wards or any
18 employee of the Department of Corrections and Rehabilitation
19 designated by the Director of Corrections secretary. A parole
20 officer of the Youthful Offender Parole Board Juvenile Parole
21 Board may carry a firearm while not on duty only when so
22 authorized by the chairperson of the board and only under the
23 terms and conditions specified by the chairperson. Nothing in this
24 section shall be interpreted to require licensure pursuant to Section
25 25400. The director or chairperson may deny, suspend, or revoke
26 for good cause a person’s right to carry a firearm under this
27 subdivision. That person shall, upon request, receive a hearing, as
28 provided for in the negotiated grievance procedure between the
29 exclusive employee representative and the Department of
30 Corrections, the Department of the Youth Authority, or the
31 Youthful Offender Parole Board and Rehabilitation, Division of
32 Juvenile Justice, or the Juvenile Parole Board, to review the
33 director’s or the chairperson’s decision.
34 (d) Persons permitted to carry firearms pursuant to this section,
35 either on or off duty, shall meet the training requirements of Section
36 832 and shall qualify with the firearm at least quarterly. It is the
37 responsibility of the individual officer or designee to maintain his
38 or her eligibility to carry concealable firearms off duty. Failure to
39 maintain quarterly qualifications by an officer or designee with
40 any concealable firearms carried off duty shall constitute good
98
— 19 — SB 78
1 cause to suspend or revoke that person’s right to carry firearms

2 off duty.
3 (e) The Department of Corrections and Rehabilitation shall
4 allow reasonable access to its ranges for officers and designees of
5 either department to qualify to carry concealable firearms off duty.
6 The time spent on the range for purposes of meeting the
7 qualification requirements shall be the person’s own time during
8 the person’s off-duty hours.
9 (f) The Director of Corrections secretary shall promulgate
10 regulations consistent with this section.
11 (g) “High-risk transportation details” and “high-risk escape
12 details” as used in this section shall be determined by the Director
13 of the Youth Authority secretary, or his or her designee. The
14 director secretary, or his or her designee, shall consider at least
15 the following in determining “high-risk transportation details” and
16 “high-risk escape details”: protection of the public, protection of
17 officers, flight risk, and violence potential of the wards.
18 (h) “Transportation detail” as used in this section shall include
19 transportation of wards outside the facility, including, but not
20 limited to, court appearances, medical trips, and interfacility
21 transfers.
22 SEC. 7. Section 6126.1 of the Penal Code is amended to read:
23 6126.1. (a) The Inspector General shall establish a certification
24 program for peace officers under the Inspector General’s
25 jurisdiction who are subject to Section 830.2. The peace officer
26 training course shall be consistent with the standard courses utilized
27 by the Commission on Peace Officer Standards and Training and
28 other major investigative offices, such as county sheriff and city
29 police departments and the Department of the California Highway
30 Patrol.
31 (b) Beginning January 1, 1999, peace officers under the
32 Inspector General’s jurisdiction conducting investigations for the
33 Office of the Inspector General shall complete investigation
34 training consistent with standard courses utilized by other major
35 law enforcement investigative offices and be certified within six
36 months of employment.
37 (c) Beginning January 1, 1999, all peace officers under the
38 Inspector General’s jurisdiction shall successfully pass a
39 psychological screening exam before becoming employed with
40 the Office of the Inspector General.
98
SB 78 — 20 —

3 read:
4 1465.8. (a) (1) To ensure and maintain adequate funding for
5 court security, a fee charge of forty dollars ($40) shall be imposed
6 on every conviction for a criminal offense, including a traffic
7 offense, except parking offenses as defined in subdivision (i) of
8 Section 1463, involving a violation of a section of the Vehicle
9 Code or any local ordinance adopted pursuant to the Vehicle Code.
10 (2) For the purposes of this section, “conviction” includes the
11 dismissal of a traffic violation on the condition that the defendant
12 attend a court-ordered traffic violator school, as authorized by
13 Sections 41501 and 42005 of the Vehicle Code. This security fee
14 charge shall be deposited in accordance with subdivision (d), and
15 may not be included with the fee calculated and distributed
16 pursuant to Section 42007 of the Vehicle Code.
17 (b) This fee charge shall be in addition to the state penalty
18 assessed pursuant to Section 1464 and may not be included in the
19 base fine to calculate the state penalty assessment as specified in
20 subdivision (a) of Section 1464. The penalties authorized by
21 Chapter 12 (commencing with Section 76000) of Title 8 of the
22 Government Code, and the state surcharge authorized by Section
23 1465.7, do not apply to this fee charge.
24 (c) When bail is deposited for an offense to which this section
25 applies, and for which a court appearance is not necessary, the
26 person making the deposit shall also deposit a sufficient amount
27 to include the fee charge prescribed by this section.
28 (d) Notwithstanding any other provision of law, the fees charges
29 collected pursuant to subdivision (a) shall all be deposited in a
30 special account in the county treasury and transmitted therefrom
31 monthly to the Controller for deposit in the Trial Court Trust Fund.
32 The fees charges collected pursuant to this section shall not be
33 subject to subdivision (e) of Section 1203.1d, but shall be disbursed
34 under subdivision (b) of Section 1203.1d.
35 (e) The Judicial Council shall provide for the administration of
36 this section.
37 (f) This section shall remain in effect only until July 1, 2011
38 2013, and as of that date is repealed, unless a later enacted statute,
39 that is enacted before July 1, 2011 2013, deletes or extends that
40 date.
98
— 21 — SB 78

3 read:
5 court security, a fee charge of thirty dollars ($30) shall be imposed
6 on every conviction for a criminal offense, including a traffic
7 offense, except parking offenses as defined in subdivision (i) of
8 Section 1463, involving a violation of a section of the Vehicle
9 Code or any local ordinance adopted pursuant to the Vehicle Code.
14 charge shall be deposited in accordance with subdivision (d), and
15 may not be included with the fee calculated and distributed
16 pursuant to Section 42007 of the Vehicle Code.
17 (b) This fee charge shall be in addition to the state penalty
18 assessed pursuant to Section 1464 and may not be included in the
19 base fine to calculate the state penalty assessment as specified in
20 subdivision (a) of Section 1464. The penalties authorized by
21 Chapter 12 (commencing with Section 76000) of Title 8 of the
22 Government Code, and the state surcharge authorized by Section
23 1465.7, do not apply to this fee charge.
27 to include the fee charge prescribed by this section.
28 (d) Notwithstanding any other provision of law, the fees charges
33 this section.
34 (f) This section shall become operative on July 1, 2011 2013.
35 (g) This section shall become inoperative on July 1, 2013, and,
36 as of January 1, 2014, is repealed, unless a later enacted statute,
37 that becomes operative on or before January 1, 2014, deletes or
38 extends the dates on which it becomes inoperative and is repealed.
39 SEC. 10. Section 1465.8 of the Penal Code, as added by Section
40 35 of Chapter 720 of the Statutes of 2010, is repealed.
98
SB 78 — 22 —

2 court security, a fee of twenty dollars ($20) shall be imposed on
3 every conviction for a criminal offense, including a traffic offense,
4 except parking offenses as defined in subdivision (i) of Section
5 1463, involving a violation of a section of the Vehicle Code or
6 any local ordinance adopted pursuant to the Vehicle Code.
11 shall be deposited in accordance with subdivision (d), and may
12 not be included with the fee calculated and distributed pursuant to
13 Section 42007 of the Vehicle Code.
14 (b) This fee shall be in addition to the state penalty assessed
15 pursuant to Section 1464 and may not be included in the base fine
16 to calculate the state penalty assessment as specified in subdivision
17 (a) of Section 1464. The penalties authorized by Chapter 12
18 (commencing with Section 76000) of Title 8 of the Government
19 Code, and the state surcharge authorized by Section 1465.7, do
20 not apply to this fee.
24 to include the fee prescribed by this section.
25 (d) Notwithstanding any other provision of law, the fees
30 this section.
31 (f) This section shall become operative on July 1, 2013.
32 SEC. 11. Section 1051 of the Probate Code is amended to read:
33 1051. (a) In the absence of a stipulation to the contrary between
34 parties who have filed pleadings in a proceeding under this code,
35 there shall be no ex parte communications between any party, or
36 attorney for the party, and the court concerning a subject raised in
37 those pleadings, except as permitted or required by law.
38 (b) Notwithstanding subdivision (a), in any case upon which
39 the court has exercised its jurisdiction, the court may refer to the
40 court investigator or take other appropriate action in response to
98
— 23 — SB 78
1 an ex parte communication regarding either or both of the

2 following: (1) a fiduciary, as defined in Section 39, about the
3 fiduciary’s performance of his or her duties and responsibilities,
4 and (2) a person who is the subject of a conservatorship or
5 guardianship proceeding under Division 4 (commencing with
6 Section 1400). Any action by the court pursuant to this subdivision
7 shall be consistent with due process and the requirements of this
8 code. The court shall disclose the ex parte communication to all
9 parties and counsel. The court may, for good cause, dispense with
10 the disclosure if necessary to protect the ward or conservatee from
11 harm.
12 (c) The Judicial Council shall, on or before January 1, 2008,
13 adopt a rule of court to implement this section.
14 (d) Subdivisions (a) and (b) of this section shall become
15 operative on January 1, 2008.
16 (e) A superior court shall not be required to perform any duties
17 imposed by this section until the Legislature makes an
18 appropriation identified for this purpose.
20 1826. Regardless of whether the proposed conservatee attends
21 the hearing, the court investigator shall do all of the following:
22 (a) Conduct the following interviews:
23 (1) The proposed conservatee personally.
24 (2) All petitioners and all proposed conservators who are not
25 petitioners.
26 (3) The proposed conservatee’s spouse or registered domestic
27 partner and relatives within the first degree. If the proposed
28 conservatee does not have a spouse, registered domestic partner,
29 or relatives within the first degree, to the greatest extent possible,
30 the proposed conservatee’s relatives within the second degree.
31 (4) To the greatest extent practical and taking into account the
32 proposed conservatee’s wishes, the proposed conservatee’s relatives
33 within the second degree not required to be interviewed under
34 paragraph (3), neighbors, and, if known, close friends.
35 (b) Inform the proposed conservatee of the contents of the
36 citation, of the nature, purpose, and effect of the proceeding, and
37 of the right of the proposed conservatee to oppose the proceeding,
38 to attend the hearing, to have the matter of the establishment of
39 the conservatorship tried by jury, to be represented by legal counsel
98
SB 78 — 24 —
1 if the proposed conservatee so chooses, and to have legal counsel

2 appointed by the court if unable to retain legal counsel.
3 (c) Determine whether it appears that the proposed conservatee
4 is unable to attend the hearing and, if able to attend, whether the
5 proposed conservatee is willing to attend the hearing.
6 (d) Review the allegations of the petition as to why the
7 appointment of the conservator is required and, in making his or
8 her determination, do the following:
9 (1) Refer to the supplemental information form submitted by
10 the petitioner and consider the facts set forth in the form that
11 address each of the categories specified in paragraphs (1) to (5),
12 inclusive, of subdivision (a) of Section 1821.
13 (2) Consider, to the extent practicable, whether he or she
14 believes the proposed conservatee suffers from any of the mental
15 function deficits listed in subdivision (a) of Section 811 that
16 significantly impairs the proposed conservatee’s ability to
17 understand and appreciate the consequences of his or her actions
18 in connection with any of the functions described in subdivision
19 (a) or (b) of Section 1801 and identify the observations that support
20 that belief.
21 (e) Determine whether the proposed conservatee wishes to
22 contest the establishment of the conservatorship.
23 (f) Determine whether the proposed conservatee objects to the
24 proposed conservator or prefers another person to act as
25 conservator.
26 (g) Determine whether the proposed conservatee wishes to be
27 represented by legal counsel and, if so, whether the proposed
28 conservatee has retained legal counsel and, if not, the name of an
29 attorney the proposed conservatee wishes to retain.
30 (h) Determine whether the proposed conservatee is capable of
31 completing an affidavit of voter registration.
32 (i) If the proposed conservatee has not retained legal counsel,
33 determine whether the proposed conservatee desires the court to
34 appoint legal counsel.
35 (j) Determine whether the appointment of legal counsel would
36 be helpful to the resolution of the matter or is necessary to protect
37 the interests of the proposed conservatee in any case where the
38 proposed conservatee does not plan to retain legal counsel and has
39 not requested the appointment of legal counsel by the court.
98
— 25 — SB 78
1 (k) Report to the court in writing, at least five days before the

2 hearing, concerning all of the foregoing, including the proposed
3 conservatee’s express communications concerning both of the
4 following:
5 (1) Representation by legal counsel.
6 (2) Whether the proposed conservatee is not willing to attend
7 the hearing, does not wish to contest the establishment of the
8 conservatorship, and does not object to the proposed conservator
9 or prefer that another person act as conservator.
10 (l) Mail, at least five days before the hearing, a copy of the
11 report referred to in subdivision (k) to all of the following:
12 (1) The attorney, if any, for the petitioner.
13 (2) The attorney, if any, for the proposed conservatee.
14 (3) The proposed conservatee.
15 (4) The spouse, registered domestic partner, and relatives within
16 the first degree of the proposed conservatee who are required to
17 be named in the petition for appointment of the conservator, unless
18 the court determines that the mailing will result in harm to the
19 conservatee.
20 (5) Any other persons as the court orders.
21 (m) The court investigator has discretion to release the report
22 required by this section to the public conservator, interested public
23 agencies, and the long-term care ombudsman.
24 (n) The report required by this section is confidential and shall
25 be made available only to parties, persons described in subdivision
26 (l), persons given notice of the petition who have requested this
27 report or who have appeared in the proceedings, their attorneys,
28 and the court. The court has discretion at any other time to release
29 the report, if it would serve the interests of the conservatee. The
30 clerk of the court shall provide for the limitation of the report
31 exclusively to persons entitled to its receipt.
32 (o) This section does not apply to a proposed conservatee who
33 has personally executed the petition for conservatorship, or one
34 who has nominated his or her own conservator, if he or she attends
35 the hearing.
36 (p) If the court investigator has performed an investigation
37 within the preceding six months and furnished a report thereon to
38 the court, the court may order, upon good cause shown, that another
39 investigation is not necessary or that a more limited investigation
40 may be performed.
98
SB 78 — 26 —
1 (q) Any investigation by the court investigator related to a

2 temporary conservatorship also may be a part of the investigation
3 for the general petition for conservatorship, but the court
4 investigator shall make a second visit to the proposed conservatee
5 and the report required by this section shall include the effect of
6 the temporary conservatorship on the proposed conservatee.
7 (r) The Judicial Council shall, on or before January 1, 2009,
8 adopt rules of court and Judicial Council forms as necessary to
9 implement an expedited procedure to authorize, by court order, a
10 proposed conservatee’s health care provider to disclose confidential
11 medical information about the proposed conservatee to a court
12 investigator pursuant to federal medical information privacy
13 regulations promulgated under the Health Insurance Portability
14 and Accountability Act of 1996.
15 (s) A superior court shall not be required to perform any duties
16 imposed pursuant to the amendments to this section enacted by
17 Chapter 493 of the Statutes 2006 until the Legislature makes an
20 1850. (a) Except as provided in subdivision (b), each
21 conservatorship initiated pursuant to this part shall be reviewed
22 by the court as follows:
23 (1) At the expiration of six months after the initial appointment
24 of the conservator, the court investigator shall visit the conservatee,
25 conduct an investigation in accordance with the provisions of
26 subdivision (a) of Section 1851, and report to the court regarding
27 the appropriateness of the conservatorship and whether the
28 conservator is acting in the best interests of the conservatee
29 regarding the conservatee’s placement, quality of care, including
30 physical and mental treatment, and finances. The court may, in
31 response to the investigator’s report, take appropriate action
32 including, but not limited to:
33 (A) Ordering a review of the conservatorship pursuant to
34 subdivision (b).
35 (B) Ordering the conservator to submit an accounting pursuant
36 to subdivision (a) of Section 2620.
37 (2) One year after the appointment of the conservator and
38 annually thereafter. However, at the review that occurs one year
39 after the appointment of the conservator, and every subsequent
40 review conducted pursuant to this paragraph, the court may set the
98
— 27 — SB 78
1 next review in two years if the court determines that the conservator
2 is acting in the best interest interests of the conservatee. In these
3 cases, the court shall require the investigator to conduct an
4 investigation pursuant to subdivision (a) of Section 1851 one year
5 before the next review and file a status report in the conservatee’s
6 court file regarding whether the conservatorship still appears to
7 be warranted and whether the conservator is acting in the best
8 interests of the conservatee. If the investigator determines pursuant
9 to this investigation that the conservatorship still appears to be
10 warranted and that the conservator is acting in the best interests
11 of the conservatee regarding the conservatee’s placement, quality
12 of care, including physical and mental treatment, and finances, no
13 hearing or court action in response to the investigator’s report is
14 required.
15 (b) The court may, on its own motion or upon request by any
16 interested person, take appropriate action including, but not limited
17 to, ordering a review of the conservatorship, including at a noticed
18 hearing, and ordering the conservator to present an accounting of
19 the assets of the estate pursuant to Section 2620.
20 (c) Notice of a hearing pursuant to subdivision (b) shall be
21 provided to all persons listed in subdivision (b) of Section 1822.
22 (d) This chapter does not apply to either of the following:
23 (1) A conservatorship for an absentee as defined in Section
24 1403.
25 (2) A conservatorship of the estate for a nonresident of this state
26 where the conservatee is not present in this state.
27 (e) The amendments made to this section by the act adding this
28 subdivision shall become operative on July 1, 2007.
29 (f) A superior court shall not be required to perform any duties
33 SEC. 14. Section 1850.5 of the Probate Code is amended to
34 read:
35 1850.5. (a) Notwithstanding Section 1850, each limited
36 conservatorship for a developmentally disabled adult, as defined
37 in subdivision (d) of Section 1801, shall be reviewed by the court
38 one year after the appointment of the conservator and biennially
39 thereafter.
98
SB 78 — 28 —
1 (b) The court may, on its own motion or upon request by any

2 interested person, take appropriate action, including, but not limited
3 to, ordering a review of the limited conservatorship, including at
4 a noticed hearing, at any time.
5 (c) A superior court shall not be required to perform any duties
9 1851. (a) When court review is required pursuant to Section
10 1850, the court investigator shall, without prior notice to the
11 conservator except as ordered by the court for necessity or to
12 prevent harm to the conservatee, visit the conservatee. The court
13 investigator shall inform the conservatee personally that the
14 conservatee is under a conservatorship and shall give the name of
15 the conservator to the conservatee. The court investigator shall
16 determine whether the conservatee wishes to petition the court for
17 termination of the conservatorship, whether the conservatee is still
18 in need of the conservatorship, whether the present conservator is
19 acting in the best interests of the conservatee, and whether the
20 conservatee is capable of completing an affidavit of voter
21 registration. In determining whether the conservator is acting in
22 the best interests of the conservatee, the court investigator’s
23 evaluation shall include an examination of the conservatee’s
24 placement, the quality of care, including physical and mental
25 treatment, and the conservatee’s finances. To the extent practicable,
26 the investigator shall review the accounting with a conservatee
27 who has sufficient capacity. To the greatest extent possible, the
28 court investigator shall interview individuals set forth in
29 subdivision (a) of Section 1826, in order to determine if the
30 conservator is acting in the best interests of the conservatee. If the
31 court has made an order under Chapter 4 (commencing with
32 Section 1870), the court investigator shall determine whether the
33 present condition of the conservatee is such that the terms of the
34 order should be modified or the order revoked. Upon request of
35 the court investigator, the conservator shall make available to the
36 court investigator during the investigation for inspection and
37 copying all books and records, including receipts and any
38 expenditures, of the conservatorship.
39 (b) (1) The findings of the court investigator, including the
40 facts upon which the findings are based, shall be certified in writing
98
— 29 — SB 78
1 to the court not less than 15 days prior to the date of review. A
2 copy of the report shall be mailed to the conservator and to the
3 attorneys of record for the conservator and conservatee at the same
4 time it is certified to the court. A copy of the report, modified as
5 set forth in paragraph (2), also shall be mailed to the conservatee’s
6 spouse or registered domestic partner, the conservatee’s relatives
7 in the first degree, and if there are no such relatives, to the next
8 closest relative, unless the court determines that the mailing will
9 result in harm to the conservatee.
10 (2) Confidential medical information and confidential
11 information from the California Law Enforcement
12 Telecommunications System shall be in a separate attachment to
13 the report and shall not be provided in copies sent to the
14 conservatee’s spouse or registered domestic partner, the
15 conservatee’s relatives in the first degree, and if there are no such
16 relatives, to the next closest relative.
17 (c) In the case of a limited conservatee, the court investigator
18 shall make a recommendation regarding the continuation or
19 termination of the limited conservatorship.
20 (d) The court investigator may personally visit the conservator
21 and other persons as may be necessary to determine whether the
22 present conservator is acting in the best interests of the conservatee.
23 (e) The report required by this section shall be confidential and
24 shall be made available only to parties, persons described in
25 subdivision (b), persons given notice of the petition who have
26 requested the report or who have appeared in the proceeding, their
27 attorneys, and the court. The court shall have discretion at any
28 other time to release the report if it would serve the interests of
29 the conservatee. The clerk of the court shall make provision for
30 limiting disclosure of the report exclusively to persons entitled
31 thereto under this section.
32 (f) The amendments made to this section by the act adding this
33 subdivision shall become operative on July 1, 2007.
34 (g) A superior court shall not be required to perform any duties
39 2250. (a) On or after the filing of a petition for appointment
40 of a guardian or conservator, any person entitled to petition for
98
SB 78 — 30 —
1 appointment of the guardian or conservator may file a petition for

2 appointment of:
3 (1) A temporary guardian of the person or estate or both.
4 (2) A temporary conservator of the person or estate or both.
5 (b) The petition shall state facts which establish good cause for
6 appointment of the temporary guardian or temporary conservator.
7 The court, upon that petition or other showing as it may require,
8 may appoint a temporary guardian of the person or estate or both,
9 or a temporary conservator of the person or estate or both, to serve
10 pending the final determination of the court upon the petition for
11 the appointment of the guardian or conservator.
12 (c) If the petitioner is a private professional conservator under
13 Section 2341 or licensed under the Professional Fiduciaries Act,
14 Chapter 6 (commencing with Section 6500) of Division 3 of the
15 Business and Professions Code, the petition for appointment of a
16 temporary conservator shall include both of the following:
17 (1) A statement of the petitioner’s registration or license
18 information.
19 (2) A statement explaining who engaged the petitioner or how
20 the petitioner was engaged to file the petition for appointment of
21 a temporary conservator and what prior relationship the petitioner
22 had with the proposed conservatee or the proposed conservatee’s
23 family or friends, unless that information is included in a petition
24 for appointment of a general conservator filed at the same time by
25 the person who filed the petition for appointment of a temporary
26 conservator.
27 (d) If the petition is filed by a party other than the proposed
28 conservatee, the petition shall include a declaration of due diligence
29 showing both of the following:
30 (1) Either the efforts to find the proposed conservatee’s relatives
31 named in the petition for appointment of a general conservator or
32 why it was not feasible to contact any of them.
33 (2) Either the preferences of the proposed conservatee
34 concerning the appointment of a temporary conservator and the
35 appointment of the proposed temporary conservator or why it was
36 not feasible to ascertain those preferences.
37 (e) Unless the court for good cause otherwise orders, at least
38 five court days before the hearing on the petition, notice of the
39 hearing shall be given as follows:
98
— 31 — SB 78
1 (1) Notice of the hearing shall be personally delivered to the

2 proposed ward if he or she is 12 years of age or older, to the parent
3 or parents of the proposed ward, and to any person having a valid
4 visitation order with the proposed ward that was effective at the
5 time of the filing of the petition. Notice of the hearing shall not be
6 delivered to the proposed ward if he or she is under 12 years of
7 age. In a proceeding for temporary guardianship of the person,
8 evidence that a custodial parent has died or become incapacitated,
9 and that the petitioner is the nominee of the custodial parent, may
10 constitute good cause for the court to order that this notice not be
11 delivered.
12 (2) Notice of the hearing shall be personally delivered to the
13 proposed conservatee, and notice of the hearing shall be served
14 on the persons required to be named in the petition for appointment
15 of conservator. If the petition states that the petitioner and the
16 proposed conservator have no prior relationship with the proposed
17 conservatee and has not been nominated by a family member,
18 friend, or other person with a relationship to the proposed
19 conservatee, notice of hearing shall be served on the public
20 guardian of the county in which the petition is filed.
21 (3) A copy of the petition for temporary appointment shall be
22 served with the notice of hearing.
23 (f) If a temporary guardianship is granted ex parte and the
24 hearing on the general guardianship petition is not to be held within
25 30 days of the granting of the temporary guardianship, the court
26 shall set a hearing within 30 days to reconsider the temporary
27 guardianship. Notice of the hearing for reconsideration of the
28 temporary guardianship shall be provided pursuant to Section
29 1511, except that the court may for good cause shorten the time
30 for the notice of the hearing.
31 (g) Visitation orders with the proposed ward granted prior to
32 the filing of a petition for temporary guardianship shall remain in
33 effect, unless for good cause the court orders otherwise.
34 (h) (1) If a temporary conservatorship is granted ex parte, and
35 a petition to terminate the temporary conservatorship is filed more
36 than 15 days before the first hearing on the general petition for
37 appointment of conservator, the court shall set a hearing within
38 15 days of the filing of the petition for termination of the temporary
39 conservatorship to reconsider the temporary conservatorship.
40 Unless the court otherwise orders, notice of the hearing on the
98
SB 78 — 32 —
1 petition to terminate the temporary conservatorship shall be given

2 at least 10 days prior to the hearing.
3 (2) If a petition to terminate the temporary conservatorship is
4 filed within 15 days before the first hearing on the general petition
5 for appointment of conservator, the court shall set the hearing at
6 the same time that the hearing on the general petition is set. Unless
7 the court otherwise orders, notice of the hearing on the petition to
8 terminate the temporary conservatorship pursuant to this section
9 shall be given at least five court days prior to the hearing.
10 (i) If the court suspends powers of the guardian or conservator
11 under Section 2334 or 2654 or under any other provision of this
12 division, the court may appoint a temporary guardian or conservator
13 to exercise those powers until the powers are restored to the
14 guardian or conservator or a new guardian or conservator is
15 appointed.
16 (j) If for any reason a vacancy occurs in the office of guardian
17 or conservator, the court, on a petition filed under subdivision (a)
18 or on its own motion, may appoint a temporary guardian or
19 conservator to exercise the powers of the guardian or conservator
20 until a new guardian or conservator is appointed.
21 (k) On or before January 1, 2008, the Judicial Council shall
22 adopt a rule of court that establishes uniform standards for good
23 cause exceptions to the notice required by subdivision (e), limiting
24 those exceptions to only cases when waiver of the notice is
25 essential to protect the proposed conservatee or ward, or the estate
26 of the proposed conservatee or ward, from substantial harm.
27 (l) A superior court shall not be required to perform any duties
32 read:
33 2250.4. The proposed temporary conservatee shall attend the
34 hearing except in the following cases:
35 (a) If the proposed temporary conservatee is out of the state
36 when served and is not the petitioner.
37 (b) If the proposed temporary conservatee is unable to attend
38 the hearing by reason of medical inability.
39 (c) If the court investigator has visited the proposed conservatee
40 prior to the hearing and the court investigator has reported to the
98
— 33 — SB 78
1 court that the proposed temporary conservatee has expressly

2 communicated that all of the following apply:
3 (1) The proposed conservatee is not willing to attend the hearing.
4 (2) The proposed conservatee does not wish to contest the
5 establishment of the temporary conservatorship.
6 (3) The proposed conservatee does not object to the proposed
7 temporary conservator or prefer that another person act as
8 temporary conservator.
9 (d) If the court determines that the proposed conservatee is
10 unable or unwilling to attend the hearing, and holding the hearing
11 in the absence of the proposed conservatee is necessary to protect
12 the conservatee from substantial harm.
17 read:
18 2250.6. (a) Regardless of whether the proposed temporary
19 conservatee attends the hearing, the court investigator shall do all
20 of the following prior to the hearing, unless it is not feasible to do
21 so, in which case the court investigator shall comply with the
22 requirements set forth in subdivision (b):
23 (1) Interview the proposed conservatee personally. The court
24 investigator also shall do all of the following:
25 (A) Interview the petitioner and the proposed conservator, if
26 different from the petitioner.
27 (B) To the greatest extent possible, interview the proposed
28 conservatee’s spouse or registered domestic partner, relatives
29 within the first degree, neighbors and, if known, close friends.
30 (C) To the extent possible, interview the proposed conservatee’s
31 relatives within the second degree as set forth in subdivision (b)
32 of Section 1821 before the hearing.
33 (2) Inform the proposed conservatee of the contents of the
34 citation, of the nature, purpose, and effect of the temporary
35 conservatorship, and of the right of the proposed conservatee to
36 oppose the proceeding, to attend the hearing, to have the matter
37 of the establishment of the conservatorship tried by jury, to be
38 represented by legal counsel if the proposed conservatee so
39 chooses, and to have legal counsel appointed by the court if unable
40 to retain legal counsel.
98
SB 78 — 34 —
1 (3) Determine whether it appears that the proposed conservatee

2 is unable to attend the hearing and, if able to attend, whether the
3 proposed conservatee is willing to attend the hearing.
4 (4) Determine whether the proposed conservatee wishes to
5 contest the establishment of the conservatorship.
6 (5) Determine whether the proposed conservatee objects to the
7 proposed conservator or prefers another person to act as
8 conservator.
9 (6) Report to the court, in writing, concerning all of the
10 foregoing.
11 (b) If not feasible before the hearing, the court investigator shall
12 do all of the following within two court days after the hearing:
13 (1) Interview the conservatee personally. The court investigator
14 also shall do all of the following:
15 (A) Interview the petitioner and the proposed conservator, if
16 different from the petitioner.
17 (B) To the greatest extent possible, interview the proposed
18 conservatee’s spouse or registered domestic partner, relatives
19 within the first degree, neighbors and, if known, close friends.
20 (C) To the extent possible, interview the proposed conservatee’s
21 relatives within the second degree as set forth in subdivision (b)
22 of Section 1821.
23 (2) Inform the conservatee of the nature, purpose, and effect of
24 the temporary conservatorship, as well as the right of the
25 conservatee to oppose the proposed general conservatorship, to
26 attend the hearing, to have the matter of the establishment of the
27 conservatorship tried by jury, to be represented by legal counsel
28 if the proposed conservatee so chooses, and to have legal counsel
29 appointed by the court if unable to retain legal counsel.
30 (c) If the investigator does not visit the conservatee until after
31 the hearing at which a temporary conservator was appointed, and
32 the conservatee objects to the appointment of the temporary
33 conservator, or requests an attorney, the court investigator shall
34 report this information promptly, and in no event more than three
35 court days later, to the court. Upon receipt of that information, the
36 court may proceed with appointment of an attorney as provided
37 in Chapter 4 (commencing with Section 1470) of Part 1.
38 (d) If it appears to the court investigator that the temporary
39 conservatorship is inappropriate, the court investigator shall
40 immediately, and in no event more than two court days later,
98
— 35 — SB 78
1 provide a written report to the court so the court can consider taking
2 appropriate action on its own motion.
7 2253. (a) If a temporary conservator of the person proposes
8 to fix the residence of the conservatee at a place other than that
9 where the conservatee resided prior to the commencement of the
10 proceedings, that power shall be requested of the court in writing,
11 unless the change of residence is required of the conservatee by a
12 prior court order. The request shall be filed with the petition for
13 temporary conservatorship or, if a temporary conservatorship has
14 already been established, separately. The request shall specify in
15 particular the place to which the temporary conservator proposes
16 to move the conservatee, and the precise reasons why it is believed
17 that the conservatee will suffer irreparable harm if the change of
18 residence is not permitted, and why no means less restrictive of
19 the conservatee’s liberty will suffice to prevent that harm.
20 (b) Unless the court for good cause orders otherwise, the court
21 investigator shall do all of the following:
22 (1) Interview the conservatee personally.
23 (2) Inform the conservatee of the nature, purpose, and effect of
24 the request made under subdivision (a), and of the right of the
25 conservatee to oppose the request, attend the hearing, be
26 represented by legal counsel if the conservatee so chooses, and to
27 have legal counsel appointed by the court if unable to obtain legal
28 counsel.
29 (3) Determine whether the conservatee is unable to attend the
30 hearing because of medical inability and, if able to attend, whether
31 the conservatee is willing to attend the hearing.
32 (4) Determine whether the conservatee wishes to oppose the
33 request.
34 (5) Determine whether the conservatee wishes to be represented
35 by legal counsel at the hearing and, if so, whether the conservatee
36 has retained legal counsel and, if not, the name of an attorney the
37 proposed conservatee wishes to retain or whether the conservatee
38 desires the court to appoint legal counsel.
39 (6) If the conservatee does not plan to retain legal counsel and
40 has not requested the appointment of legal counsel by the court,
98
SB 78 — 36 —
1 determine whether the appointment of legal counsel would be

2 helpful to the resolution of the matter or is necessary to protect the
3 interests of the conservatee.
4 (7) Determine whether the proposed change of place of residence
5 is required to prevent irreparable harm to the conservatee and
6 whether no means less restrictive of the conservatee’s liberty will
7 suffice to prevent that harm.
8 (8) Report to the court in writing, at least two days before the
9 hearing, concerning all of the foregoing, including the
10 conservatee’s express communications concerning representation
11 by legal counsel and whether the conservatee is not willing to
12 attend the hearing and does not wish to oppose the request.
13 (c) Within seven days of the date of filing of a temporary
14 conservator’s request to remove the conservatee from his or her
15 previous place of residence, the court shall hold a hearing on the
16 request.
17 (d) The conservatee shall be present at the hearing except in the
18 following cases:
19 (1) Where the conservatee is unable to attend the hearing by
20 reason of medical inability. Emotional or psychological instability
21 is not good cause for the absence of the conservatee from the
22 hearing unless, by reason of that instability, attendance at the
23 hearing is likely to cause serious and immediate physiological
24 damage to the conservatee.
25 (2) Where the court investigator has reported to the court that
26 the conservatee has expressly communicated that the conservatee
27 is not willing to attend the hearing and does not wish to oppose
28 the request, and the court makes an order that the conservatee need
29 not attend the hearing.
30 (e) If the conservatee is unable to attend the hearing because of
31 medical inability, that inability shall be established (1) by the
32 affidavit or certificate of a licensed medical practitioner or (2) if
33 the conservatee is an adherent of a religion whose tenets and
34 practices call for reliance on prayer alone for healing and is under
35 treatment by an accredited practitioner of that religion, by the
36 affidavit of the practitioner. The affidavit or certificate is evidence
37 only of the conservatee’s inability to attend the hearing and shall
38 not be considered in determining the issue of need for the
39 establishment of a conservatorship.
98
— 37 — SB 78
1 (f) At the hearing, the conservatee has the right to be represented

2 by counsel and the right to confront and cross-examine any witness
3 presented by or on behalf of the temporary conservator and to
4 present evidence on his or her own behalf.
5 (g) The court may approve the request to remove the conservatee
6 from the previous place of residence only if the court finds (1) that
7 change of residence is required to prevent irreparable harm to the
8 conservatee and (2) that no means less restrictive of the
9 conservatee’s liberty will suffice to prevent that harm. If an order
10 is made authorizing the temporary conservator to remove the
11 conservatee from the previous place of residence, the order shall
12 specify the specific place wherein the temporary conservator is
13 authorized to place the conservatee. The temporary conservator
14 may not be authorized to remove the conservatee from this state
15 unless it is additionally shown that such removal is required to
16 permit the performance of specified nonpsychiatric medical
17 treatment, consented to by the conservatee, which is essential to
18 the conservatee’s physical survival. A temporary conservator who
19 willfully removes a temporary conservatee from this state without
20 authorization of the court is guilty of a felony.
21 (h) Subject to subdivision (e) of Section 2252, the court shall
22 also order the temporary conservator to take all reasonable steps
23 to preserve the status quo concerning the conservatee’s previous
24 place of residence.
25 (i) A superior court shall not be required to perform any duties
30 2620. (a) At the expiration of one year from the time of
31 appointment and thereafter not less frequently than biennially,
32 unless otherwise ordered by the court to be more frequent, the
33 guardian or conservator shall present the accounting of the assets
34 of the estate of the ward or conservatee to the court for settlement
35 and allowance in the manner provided in Chapter 4 (commencing
36 with Section 1060) of Part 1 of Division 3. By January 1, 2008,
37 the Judicial Council, in consultation with the California Judges
38 Association, the California Association of Superior Court
39 Investigators, the California State Association of Public
40 Administrators, Public Guardians, and Public Conservators, the
98
SB 78 — 38 —
1 State Bar of California, and the California Society of Certified

2 Public Accountants, shall develop a standard accounting form, a
3 simplified accounting form, and rules for when the simplified
4 accounting form may be used. After January 1, 2008, all
5 accountings submitted pursuant to this section shall be submitted
6 on the Judicial Council form.
7 (b) The final court accounting of the guardian or conservator
8 following the death of the ward or conservatee shall include a court
9 accounting for the period that ended on the date of death and a
10 separate accounting for the period subsequent to the date of death.
11 (c) Along with each court accounting, the guardian or
12 conservator shall file supporting documents, as provided in this
13 section.
14 (1) For purposes of this subdivision, the term “account
15 statement” shall include any original account statement from any
16 institution, as defined in Section 2890, or any financial institution,
17 as defined in Section 2892, in which money or other assets of the
18 estate are held or deposited.
19 (2) The filing shall include all account statements showing the
20 account balance as of the closing date of the accounting period of
21 the court accounting. If the court accounting is the first court
22 accounting of the guardianship or conservatorship, the guardian
23 or conservator shall provide to the court all account statements
24 showing the account balance immediately preceding the date the
25 conservator or guardian was appointed and all account statements
26 showing the account balance as of the closing date of the first court
27 accounting.
28 (3) If the guardian or conservator is a private professional or
29 licensed guardian or conservator, the guardian or conservator shall
30 also file all original account statements, as described above,
31 showing the balance as of all periods covered by the accounting.
32 (4) The filing shall include the original closing escrow statement
33 received showing the charges and credits for any sale of real
34 property of the estate.
35 (5) If the ward or conservatee is in a residential care facility or
36 a long-term care facility, the filing shall include the original bill
37 statements for the facility.
38 (6) This subdivision shall not apply to the public guardian if the
39 money belonging to the estate is pooled with money belonging to
40 other estates pursuant to Section 2940 and Article 3 (commencing
98
— 39 — SB 78
1 with Section 7640) of Chapter 4 of Part 1 of Division 7. Nothing

2 in this section shall affect any other duty or responsibility of the
3 public guardian with regard to managing money belonging to the
4 estate or filing accountings with the court.
5 (7) If any document to be filed or lodged with the court under
6 this section contains the ward’s or conservatee’s social security
7 number or any other personal information regarding the ward or
8 conservatee that would not ordinarily be disclosed in a court
9 accounting, an inventory and appraisal, or other nonconfidential
10 pleadings filed in the action, the account statement or other
11 document shall be attached to a separate affidavit describing the
12 character of the document, captioned “CONFIDENTIAL
13 FINANCIAL STATEMENT” in capital letters. Except as otherwise
14 ordered by the court, the clerk of the court shall keep the document
15 confidential except to the court and subject to disclosure only upon
16 an order of the court. The guardian or conservator may redact the
17 ward’s or conservatee’s social security number from any document
18 lodged with the court under this section.
19 (8) Courts may provide by local rule that the court shall retain
20 all documents lodged with it under this subdivision until the court’s
21 determination of the guardian’s or conservator’s account has
22 become final, at which time the supporting documents shall be
23 returned to the depositing guardian or conservator or delivered to
24 any successor appointed by the court.
25 (d) Each accounting is subject to random or discretionary, full
26 or partial review by the court. The review may include
27 consideration of any information necessary to determine the
28 accuracy of the accounting. If the accounting has any material
29 error, the court shall make an express finding as to the severity of
30 the error and what further action is appropriate in response to the
31 error, if any. Among the actions available to the court is immediate
32 suspension of the guardian or conservator without further notice
33 or proceedings and appointment of a temporary guardian or
34 conservator or removal of the guardian or conservator pursuant to
35 Section 2650 and appointment of a temporary guardian or
36 conservator.
37 (e) The guardian or conservator shall make available for
38 inspection and copying, upon reasonable notice, to any person
39 designated by the court to verify the accuracy of the accounting,
98
SB 78 — 40 —
1 all books and records, including receipts for any expenditures, of

2 the guardianship or conservatorship.
3 (f) A superior court shall not be required to perform any duties
7 SEC. 21. Part 2.5 (commencing with Section 19201) is added
8 to Division 2 of the Public Contract Code, to read:
9
10 PART 2.5. CONTRACTING BY JUDICIAL BRANCH ENTITIES
11
12 19201. This part may be cited as the California Judicial Branch
13 Contract Law.
14 19202. The Legislature finds and declares that placing all
15 public contract provisions for judicial branch entities in one part
16 will make that law clearer and easier to find. Further, it is the
17 intent of the Legislature in enacting this part to achieve the
18 objectives as set forth in Sections 100, 101, and 102.
19 19203. This part shall apply to all contracts initially entered
20 into or amended by judicial branch entities on or after October 1,
21 2011.
22 19204. (a) All judicial branch entities shall comply with the
23 provisions of this code that are applicable to state agencies and
24 departments related to the procurement of goods and services,
25 including information technology goods and services. All contracts
26 with total cost estimated at more than one million dollars
27 ($1,000,000), except contracts covered by Section 68511.9 of the
28 Government Code, shall be subject to the review and
29 recommendations of the Bureau of State Audits to ensure
30 compliance with this part. In addition, all administrative and
31 infrastructure information technology projects of the Judicial
32 Council or the courts with total costs estimated at more than five
33 million dollars ($5,000,000) shall be subject to the reviews and
34 recommendations of the California Technology Agency, as
35 specified in Section 68511.9 of the Government Code.
36 (b) Except as provided in subdivision (c), procurement and
37 contracting for the planning, design, construction, rehabilitation,
38 renovation, replacement, lease, or acquisition of court facilities
39 shall be conducted by judicial branch entities consistent with the
40 relevant provisions of this code applicable to state agencies.
98
— 41 — SB 78
1 (c) Notwithstanding any other provision of law, this part does

2 not apply to procurement and contracting by judicial branch
3 entities that are related to trial court construction, including, but
4 not limited to, the planning, design, construction, rehabilitation,
5 renovation, replacement, lease, or acquisition of trial court
6 facilities. However, this part shall apply to contracts for
7 maintenance of all judicial branch facilities that are not under the
8 operation and management of the Department of General Services.
9 (d) Only until the Judicial Council adopts the Judicial Branch
10 Contracting Manual required pursuant to Section 19206, judicial
11 branch entities shall instead be governed by applicable policies
12 and procedures in the State Administrative Manual and the State
13 Contracting Manual, or policies and procedures as otherwise
14 required by law to be adopted by the Department of General
15 Services applicable to state agencies.
16 19205. (a) As used in this part, “judicial branch entity” means
17 any superior court, court of appeal, the California Supreme Court,
18 the Judicial Council, the Habeas Corpus Resource Center, or the
19 Administrative Office of the Courts.
20 (b) Where there is a reference in this code to an officer or
21 employee of a state agency, for purposes of this part, these terms
22 shall refer to a member, judicial officer, officer, employee, or other
23 person of a judicial branch entity, as applicable.
24 19206. The Judicial Council shall adopt and publish no later
25 than January 1, 2012, a Judicial Branch Contracting Manual
26 incorporating procurement and contracting policies and
27 procedures that must be followed by all judicial branch entities
28 subject to this part. The policies and procedures shall include a
29 requirement that each judicial branch entity shall adopt a local
30 contracting manual for procurement and contracting for goods or
31 services by that judicial branch entity. The policies and procedures
32 in the manuals shall be consistent with this code and substantially
33 similar to the provisions contained in the State Administrative
34 Manual and the State Contracting Manual.
35 19207. Except as provided in subdivision (a) of Section 19204
36 or as otherwise specifically required by law applicable to any
37 judicial branch entity, nothing in this part is intended, nor shall
38 it be construed, to require the approval, review, or involvement
39 of any other state entity, including, but not limited to, the
40 Department of General Services or the Secretary of California
98
SB 78 — 42 —
1 Technology, in the procurement of any judicial branch goods or

2 services, including information technology goods or services.
3 19208. Nothing in this part is intended, nor shall it be construed
4 to permit, the application of provisions of this code that do not
5 apply to state agencies and departments.
6 19209. (a) Beginning in 2012, twice each year, the Judicial
7 Council shall provide a report to the Joint Legislative Budget
8 Committee that provides information related to procurement of
9 contracts for the judicial branch. One report shall be provided no
10 later than February 1 of each year, covering the period from July
11 1 through December 31 of the prior year, and the second report
12 shall be provided no later than August 1 of each year, covering
13 the period from January 1 through June 30 of the same year.
14 (b) Each of the two annual reports shall include a list of all
15 vendors or contractors receiving payments from any judicial
16 branch entities. For each vendor or contractor receiving any
17 payment during the reporting period, the report shall provide a
18 separate listing for each distinct contract between that vendor or
19 contractor and a judicial branch entity. For every vendor or
20 contractor listed in the report, including for each distinct contract
21 for those contractors or vendors with more than one payment
22 during the period, the report shall further identify the amount of
23 payment to the contractor or vendor, the type of service or good
24 provided, and the judicial branch entity or entities with which the
25 vendor or contractor was contracted to provide that service or
26 good.
27 (c) Each of the two annual reports shall include a list of all
28 contract amendments made during the report period. For each
29 amendment, the report shall identify the vendor or contractor, the
30 type of service or good provided under the contract, the nature of
31 the amendment, the duration of the amendment, and the cost of
32 the amendment.
33 19210. The audits required pursuant to subdivisions (h) and
34 (i) of Section 77206 of the Government Code shall include an audit
35 and report by the State Auditor on his or her assessment of the
36 implementation of this part by the judicial branch. The State
37 Auditor shall be reimbursed by the judicial branch entity that is
38 the subject of the audit for all reasonable costs associated with
39 conducting the audit required by this section.
98
— 43 — SB 78
1 SEC. 22. (a) The Judicial Council shall report to the Joint

2 Legislative Budget Committee by January 15, 2013, on the process,
3 transparency, costs, and timeliness of its construction procurement
4 practices. The information in this report shall include, but not be
5 limited to, the following for each court construction project
6 completed between January 1, 2008 and January 1, 2013:
7 (1) The dates that each step of the procurement and construction
8 process was completed, including steps involving the seeking or
9 selection of bidders or contractors, completion of the different
10 phases of project design and construction, and approvals by local
11 courts, the Judicial Council, the State Public Works Board, the
12 Governor, and the Legislature.
13 (2) The criteria and factors used in evaluating contractors for
14 prequalification as well as those used to evaluate bids, as well as
15 the number of bids received for each procurement.
16 (3) Identification of all project costs for each phase of design
17 and construction, including any cost increases and reasons for
18 those increases.
19 (4) Identification of the original project timeline for each phase
20 of design and construction, as well as all project delays and the
21 reasons associated in causing the project delays.
22 (5) The total project management costs incurred by the Judicial
23 Branch, including for existing staff who worked on each project,
24 distinguished by project activity.
25 (6) The total costs paid for contractors, distinguished by project
26 activity.
27 (b) Within 75 days of receiving the report required under
28 subdivision (a), the Legislative Analyst’s Office shall conduct an
29 analysis of the findings and, based on information which shall be
30 provided by the Department of General Services, compare the
31 costs and timeliness of methods of delivery used by the judiciary
32 to projects of comparable size, scope, and geographic location
33 procured under the Public Contract Code provisions applicable
34 to state agencies. At the request of the Legislative Analyst’s Office,
35 the Department of General Services shall provide the comparable
36 information as that required of the Judicial Council in subdivision
37 (a) for those projects managed by the Department of General
38 Services.
39 SEC. 23. In addition to any amounts provided in the Budget
40 Act of 2011, the sum of one thousand dollars ($1,000) is hereby
98
SB 78 — 44 —
1 appropriated from the DNA Identification Fund to the Department

2 of Justice for purposes of state operations in the 2011–12 fiscal
3 year, consistent with Section 76104.6 of the Government Code.
4 SEC. 24. This act addresses the fiscal emergency declared and
5 reaffirmed by the Governor by proclamation on January 20, 2011,
6 pursuant to subdivision (f) of Section 10 of Article IV of the
7 California Constitution.
8 SEC. 25. This act is a bill providing for appropriations related
9 to the Budget Bill within the meaning of subdivision (e) of Section
10 12 of Article IV of the California Constitution, has been identified
11 as related to the budget in the Budget Bill, and shall take effect
12 immediately.
13 SEC. 26. This act is an urgency statute necessary for the
14 immediate preservation of the public peace, health, or safety within
15 the meaning of Article IV of the Constitution and shall go into
16 immediate effect. The facts constituting the necessity are:
17 In order to make the necessary statutory changes to improve the
18 state’s ability to address the General Fund shortfall and to
19 implement the Budget Act of 2011, it is necessary that this act take
20 effect immediately.
21 SECTION 1. It is the intent of the Legislature to enact statutory
22 changes relating to the Budget Act of 2011.
98

SB - 78 - Administration of Justice

Uploaded by

Copyright:

Available Formats

SB - 78 - Administration of Justice

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

SB - 78 - Administration of Justice

Uploaded by

Copyright:

Available Formats

AMENDED IN ASSEMBLY MARCH 14, 2011

SENATE BILL No. 78

Introduced by Committee on Budget and Fiscal Review

January 10, 2011

An act relating to the Budget Act of 2011.An act to amend Sections

legislative counsel’s digest

Controller to transfer the amount of the charges for services rendered

(8) Existing law regulates the terms and conditions of

(12) This bill would declare that it is to take immediate effect as an

The people of the State of California do enact as follows:

1 SECTION 1. Section 11044 of the Government Code is

1 (b) “State peace officer/firefighter member” shall not include

1 filed within 90 days of notification by the board. Members who

1 (1) That the fiscal affairs of the trial courts are managed

1 subdivision (j) shall establish a pilot program to audit six trial

1 (3) Notwithstanding Section 10231.5, the auditing entity shall

1 case, the Administrative Office of the Courts may contract with

1 the coordination of those activities with other criminal justice

1 (j) The Inspector General, pursuant to Section 6125, and the

1 Prison Terms Board of Parole Hearings designated by the

1 cause to suspend or revoke that person’s right to carry firearms

1 SEC. 8. Section 1465.8 of the Penal Code, as amended by

1 SEC. 9. Section 1465.8 of the Penal Code, as amended by

1 1465.8. (a) (1) To ensure and maintain adequate funding for

1 an ex parte communication regarding either or both of the

1 if the proposed conservatee so chooses, and to have legal counsel

1 (k) Report to the court in writing, at least five days before the

1 (q) Any investigation by the court investigator related to a

1 (b) The court may, on its own motion or upon request by any

1 appointment of the guardian or conservator may file a petition for

1 (1) Notice of the hearing shall be personally delivered to the

1 petition to terminate the temporary conservatorship shall be given

1 court that the proposed temporary conservatee has expressly

1 (3) Determine whether it appears that the proposed conservatee

1 determine whether the appointment of legal counsel would be

1 (f) At the hearing, the conservatee has the right to be represented

1 State Bar of California, and the California Society of Certified

1 with Section 7640) of Chapter 4 of Part 1 of Division 7. Nothing

1 all books and records, including receipts for any expenditures, of

1 (c) Notwithstanding any other provision of law, this part does

1 Technology, in the procurement of any judicial branch goods or

1 SEC. 22. (a) The Judicial Council shall report to the Joint

1 appropriated from the DNA Identification Fund to the Department

You might also like