77200-77213
GOVERNMENT CODE
SECTION 77200-77213
77200. On and after July 1, 1997, the state shall assume sole
responsibility for the funding of court operations, as defined in
Section 77003 and Rule 10.810 of the California Rules of Court as it
read on January 1, 2007. In meeting this responsibility, the state
shall do all of the following:
(a) Deposit in the Trial Court Trust Fund, for subsequent
allocation to or for the trial courts, all county funds remitted to
the state pursuant to Section 77201 until June 30, 1998, pursuant to
Section 77201.1 from July 1, 1998, until June 30, 2006, inclusive,
and pursuant to Section 77201.3, thereafter.
(b) Be responsible for the cost of court operations incurred by
the trial courts in the 1997-98 fiscal year and subsequent fiscal
years.
(c) Allocate funds to the individual trial courts pursuant to an
allocation schedule adopted by the Judicial Council, but in no case
shall the amount allocated to the trial court in a county be less
than the amount remitted to the state by the county in which that
court is located pursuant to paragraphs (1) and (2) of subdivision
(b) of Section 77201 until June 30, 1998, pursuant to paragraphs (1)
and (2) of subdivision (b) of Section 77201.1 from July 1, 1998,
until June 30, 2006, inclusive, and pursuant to paragraphs (1) and
(2) of subdivision (a) of Section 77201.3, thereafter.
(d) The Judicial Council shall submit its allocation schedule to
the Controller at least five days before the due date of any
allocation.
77201. (a) Commencing on July 1, 1997, no county shall be
responsible for funding court operations, as defined in Section 77003
and Rule 10.810 of the California Rules of Court as it read on
January 1, 2007.
(b) In the 1997-98 fiscal year, each county shall remit to the
state in installments due on January 1, April 1, and June 30, the
amounts specified in paragraphs (1) and (2), as follows:
(1) Except as otherwise specifically provided in this section,
each county shall remit to the state the amount listed below which is
based on an amount expended by the respective county for court
operations during the 1994-95 fiscal year:
Jurisdiction Amount
Alameda..................... $ 42,045,093
Alpine...................... 46,044
Amador...................... 900,196
Butte....................... 2,604,611
Calaveras................... 420,893
Colusa...................... 309,009
Contra Costa................ 21,634,450
Del Norte................... 780,786
El Dorado................... 3,888,927
Fresno...................... 13,355,025
Glenn....................... 371,607
Humboldt.................... 2,437,196
Imperial.................... 2,055,173
Inyo........................ 546,508
Kern........................ 16,669,917
Kings....................... 2,594,901
Lake........................ 975,311
Lassen...................... 517,921
Los Angeles................. 291,872,379
Madera...................... 1,242,968
Marin....................... 6,837,518
Mariposa.................... 177,880
Mendocino................... 1,739,605
Merced...................... 1,363,409
Modoc....................... 114,249
Mono........................ 271,021
Monterey.................... 5,739,655
Napa........................ 2,866,986
Nevada...................... 815,130
Orange...................... 76,567,372
Placer...................... 6,450,175
Plumas...................... 413,368
Riverside................... 32,524,412
Sacramento.................. 40,692,954
San Benito.................. 460,552
San Bernardino.............. 31,516,134
San Diego................... 77,637,904
San Francisco............... 31,142,353
San Joaquin................. 9,102,834
San Luis Obispo............. 6,840,067
San Mateo................... 20,383,643
Santa Barbara............... 10,604,431
Santa Clara................. 49,876,177
Santa Cruz.................. 6,449,104
Shasta...................... 3,369,017
Sierra...................... 40,477
Siskiyou.................... 478,144
Solano...................... 10,780,179
Sonoma...................... 9,273,174
Stanislaus.................. 8,320,727
Sutter...................... 1,718,287
Tehama...................... 1,352,370
Trinity..................... 620,990
Tulare...................... 6,981,681
Tuolumne.................... 1,080,723
Ventura..................... 16,721,157
Yolo........................ 2,564,985
Yuba........................ 842,240
(2) Except as otherwise specifically provided in this section,
each county shall also remit to the state the amount listed below
which is based on an amount of fine and forfeiture revenue remitted
to the state pursuant to Sections 27361 and 76000 of this code,
Sections 1463.001 and 1464 of the Penal Code, and Sections 42007,
42007.1, and 42008 of the Vehicle Code during the 1994-95 fiscal
year:
Jurisdiction Amount
Alameda......................... $12,769,882
Alpine.......................... 58,757
Amador.......................... 377,005
Butte........................... 1,437,671
Calaveras....................... 418,558
Colusa.......................... 485,040
Contra Costa.................... 6,138,742
Del Norte....................... 235,438
El Dorado....................... 1,217,093
Fresno.......................... 4,505,786
Glenn........................... 455,389
Humboldt........................ 1,161,745
Imperial........................ 1,350,760
Inyo............................ 878,321
Kern............................ 6,688,247
Kings........................... 1,115,601
Lake............................ 424,070
Lassen.......................... 513,445
Los Angeles..................... 89,771,310
Madera.......................... 1,207,998
Marin........................... 2,700,045
Mariposa........................ 135,457
Mendocino....................... 948,837
Merced.......................... 2,093,355
Modoc........................... 122,156
Mono............................ 415,136
Monterey........................ 3,855,457
Napa............................ 874,219
Nevada.......................... 1,378,796
Orange.......................... 24,830,542
Placer.......................... 2,182,230
Plumas.......................... 225,080
Riverside....................... 13,328,445
Sacramento...................... 7,548,829
San Benito...................... 346,451
San Bernardino.................. 11,694,120
San Diego....................... 21,410,586
San Francisco................... 5,925,950
San Joaquin..................... 4,753,688
San Luis Obispo................. 2,573,968
San Mateo....................... 7,124,638
Santa Barbara................... 4,094,288
Santa Clara..................... 15,561,983
Santa Cruz...................... 2,267,327
Shasta.......................... 1,198,773
Sierra.......................... 46,778
Siskiyou........................ 801,329
Solano.......................... 3,757,059
Sonoma.......................... 2,851,883
Stanislaus...................... 2,669,045
Sutter.......................... 802,574
Tehama.......................... 761,188
Trinity......................... 137,087
Tulare.......................... 2,299,167
Tuolumne........................ 440,496
Ventura......................... 6,129,411
Yolo............................ 1,516,065
Yuba............................ 402,077
(3) The installment due on January 1 shall be for 25 percent of
the amounts specified in paragraphs (1) and (2). The installments due
on April 1 and June 30 shall be prorated uniformly to reflect any
adjustments made by the Department of Finance, as provided in this
section. If no adjustment is made by April 1, 1998, the April 1,
1998, installment shall be for 15 percent of the amounts specified in
paragraphs (1) and (2). If no adjustment is made by June 30, 1998,
the June 30, 1998, installment shall be for the balance of the
amounts specified in paragraphs (1) and (2).
(4) Except as otherwise specifically provided in this section,
county remittances specified in paragraphs (1) and (2) shall not be
increased in subsequent years.
(5) Any change in statute or rule of court that either reduces the
bail schedule or redirects or reduces a county's portion of fee,
fine, and forfeiture revenue to an amount that is less than (A) the
fees, fines, and forfeitures retained by that county and (B) the
county's portion of fines and forfeitures transmitted to the state in
the 1994-95 fiscal year, shall reduce that county's remittance
specified in paragraph (2) by an equal amount. Nothing in this
paragraph is intended to limit judicial sentencing discretion.
(c) The Department of Finance shall adjust the amount specified in
paragraph (1) of subdivision (b) that a county is required to submit
to the state, pursuant to the following:
(1) A county shall submit a declaration to the Department of
Finance, no later than February 15, 1998, that the amount it is
required to submit to the state pursuant to paragraph (1) of
subdivision (b) either includes or does not include the costs for
local judicial benefits which are court operation costs as defined in
Section 77003 and Rule 10.810 of the California Rules of Court. The
trial courts in a county that submits such a declaration shall be
given a copy of the declaration and the opportunity to comment on the
validity of the statements in the declaration. The Department of
Finance shall verify the facts in the county's declaration and
comments, if any. Upon verification that the amount the county is
required to submit to the state includes the costs of local judicial
benefits, the department shall reduce on or before June 30, 1998, the
amount the county is required to submit to the state pursuant to
paragraph (1) of subdivision (b) by an amount equal to the cost of
those judicial benefits, in which case the county shall continue to
be responsible for the cost of those benefits. If a county disagrees
with the Department of Finance's failure to verify the facts in the
county's declaration and reduce the amount the county is required to
submit to the state pursuant to paragraph (1) of subdivision (b), the
county may request that the Controller conduct an audit to verify
the facts in the county's declaration. The Controller shall conduct
the requested audit which shall be at the requesting county's
expense. If the Controller's audit verifies the facts in the county's
declaration, the department shall reduce the amount the county is
required to submit to the state pursuant to paragraph (1) of
subdivision (b) by an amount equal to the amount verified by the
Controller's audit and the state shall reimburse the requesting
county for the cost of the audit.
(d) The Department of Finance shall adjust the amount specified in
paragraph (1) of subdivision (b) of Section 77201.1 that a county is
required to submit to the state, pursuant to the following
procedures:
(1) A county may submit a declaration to the Department of
Finance, no later than February 15, 1998, that declares that (A) the
county incorrectly reported county costs as court operations costs as
defined in Section 77003 in the 1994-95 fiscal year, and that
incorrect report resulted in the amount the county is required to
submit to the state pursuant to paragraph (1) of subdivision (b)
being too high, (B) the amount the county is required to submit to
the state pursuant to paragraph (1) of subdivision (b) includes
amounts that were specifically appropriated, funded, and expended by
a county or city and county during the 1994-95 fiscal year to fund
extraordinary one-time expenditures for court operation costs, or (C)
the amount the county is required to submit to the state pursuant to
paragraph (1) of subdivision (b) includes expenses that were funded
from grants or subventions from any source, for court operation costs
that could not have been funded without those grants or subventions
being available. A county submitting that declaration shall
concurrently transmit a copy of the declaration to the trial courts
of that county. The trial courts in a county that submits that
declaration shall have the opportunity to comment to the Department
of Finance on the validity of the statements in the declaration. Upon
receipt of the declaration and comments, if any, the Department of
Finance shall determine and certify which costs identified in the
county's declaration were incorrectly reported as court operation
costs or were expended for extraordinary one-time expenditures or
funded from grants or subventions in the 1994-95 fiscal year. The
Department of Finance shall reduce the amount a county must submit to
the state pursuant to paragraph (1) of subdivision (b) of Section
77201.1 by an amount equal to the amount the department certifies was
incorrectly reported as court operations costs or were expended for
extraordinary one-time expense or funded from grants or subventions
in the 1994-95 fiscal year. If a county disagrees with the Department
of Finance's failure to verify the facts in the county's declaration
and reduce the amount the county is required to submit to the state
pursuant to paragraph (1) of subdivision (b) of Section 77201.1, the
county may request that the Controller conduct an audit to verify the
facts in the county's declaration. The Controller shall conduct the
requested audit, which shall be at the requesting county's expense.
If the Controller's audit verifies the facts in the county's
declaration, the department shall reduce the amount the county is
required to submit to the state pursuant to paragraph (1) of
subdivision (b) of Section 77201.1 by an amount equal to the amount
verified by the Controller's audit and the state shall reimburse the
requesting county for the cost of the audit. A county shall provide,
at no charge to the court, any service for which the amount in
paragraph (1) of subdivision (b) of Section 77201.1 was adjusted
downward, if the county is required to provide that service at no
cost to the court by any other provision of law.
(2) A court may submit a declaration to the Department of Finance,
no later than February 15, 1998, that the county failed to report
county costs as court operations costs as defined in Section 77003 in
the 1994-95 fiscal year, and that this failure resulted in the
amount the county is required to submit to the state pursuant to
paragraph (1) of subdivision (b) being too low. A court submitting
that declaration shall concurrently transmit a copy of the
declaration to the county. A county shall have the opportunity to
comment to the Department of Finance on the validity of statements in
the declaration and comments, if any. Upon receipt of the
declaration, the Department of Finance shall determine and certify
which costs identified in the court's declaration should have been
reported by the county as court operation costs in the 1994-95 fiscal
year and whether this failure resulted in the amount the county is
required to submit to the state pursuant to paragraph (1) of
subdivision (b) being too low. The Department of Finance shall notify
the county, the trial courts in the county, and the Judicial Council
of its certification and decision. Within 30 days, the county shall
either notify the Department of Finance, trial courts in the county,
and the Judicial Council that the county shall assume responsibility
for the costs the county has failed to report, or that the department
shall increase the amount the county is required to submit to the
state pursuant to paragraph (1) of subdivision (b) of Section 77201.1
by an amount equal to the amount certified by the department. A
county shall not be required to continue to provide services for
which the amount in paragraph (1) of subdivision (b) of Section
77201.1 was adjusted upward.
(e) The Legislature hereby finds and declares that to ensure an
orderly transition to state trial court funding, it is necessary to
delay the adjustments to county obligation payments provided for by
Article 3 (commencing with Section 77200) of Chapter 13 of Title 8,
as added by Chapter 850 of the Statutes of 1997, until the 1998-99
fiscal year. The Legislature also finds and declares that since
increase adjustments to the county obligation amounts will not take
effect in the 1997-98 fiscal year, county charges for those services
related to the increase adjustments shall not occur in the 1997-98
fiscal year. It is recognized that the counties have an obligation to
provide, and the trial courts have an obligation to pay, for
services provided by the county pursuant to Section 77212. In the
1997-98 fiscal year, the counties shall charge for, and the courts
shall pay, these obligations consistent with paragraphs (1) and (2).
(1) For the 1997-98 fiscal year, a county shall reduce the charges
to a court for those services for which the amount in paragraph (1)
of subdivision (b) of Section 77201.1 is adjusted upward, by an
amount equal to the lesser of the following:
(A) The amount of the increase adjustment certified by the
department pursuant to paragraph (2) of subdivision (d).
(B) The difference between the actual amount charged and paid for
from the trial court operations fund, and the amount charged in the
1994-95 fiscal year.
(2) For the 1997-98 fiscal year, any funds paid out of the trial
court operations fund established pursuant to Section 77009 during
the 1997-98 fiscal year to pay for those services for which there was
an upward adjustment, shall be returned to the trial court
operations fund in the amount equal to the lesser of the following:
(A) The amount of the increase adjustment certified by the
department pursuant to paragraph (2) of subdivision (d).
(B) The difference between the actual amount charged and paid for
from the trial court operations fund, and the amount charged in the
1994-95 fiscal year.
(3) The Judicial Council shall reduce the allocation to the courts
by an amount equal to the amount of any increase adjustment
certified by the Department of Finance, if the cost of those services
was used in determining the Judicial Council's allocation of funding
for the 1997-98 fiscal year.
(4) In the event the charges are not reduced as provided in
paragraph (1) or the funds are not returned to the trial court
operations fund as provided in paragraph (2), the trial court
operations fund shall be refunded for the 1998-99 fiscal year. Funds
provided to the trial court operations fund pursuant to this
paragraph shall be available to the trial courts to meet financial
obligations incurred during the 1997-98 fiscal year. To the extent
that a trial court receives total resources for trial court funding
from the county and the state for the 1997-98 fiscal year that
exceeded the amount of the allocation approved by the Judicial
Council by November 30, 1997, these amounts shall be available for
expenditure in the 1998-99 fiscal year and the Judicial Council shall
reduce the 1998-99 fiscal year allocation of the court by an equal
amount.
(f) Nothing in this section is intended to relieve a county of the
responsibility to provide necessary and suitable court facilities
pursuant to Section 68073.
(g) Nothing in this section is intended to relieve a county of the
responsibility for justice-related expenses not included in Section
77003 which are otherwise required of the county by law, including,
but not limited to, indigent defense representation and
investigation, and payment of Division of Juvenile Justice charges.
(h) The Department of Finance shall notify the county, trial
courts in the county, and Judicial Council of the final decision and
resulting adjustment.
(i) On or before February 15, 1998, each county shall submit to
the Department of Finance a report of the amount it expended for
trial court operations as defined in Section 77003 and Rule 10.810 of
the California Rules of Court as it read on January 1, 2007, between
the start of the 1997-98 fiscal year and the effective date of this
section. The department shall reduce the amount a county is required
to remit to the state pursuant to paragraph (1) of subdivision (b) in
the 1997-98 fiscal year by an amount equal to the amount a county
expended for court operation costs between the start of the 1997-98
fiscal year and the effective date of this section. The department
shall also reduce the amount a county is required to remit to the
state pursuant to paragraph (2) of subdivision (b) in the 1997-98
fiscal year by an amount equal to the amount of fine and forfeiture
revenue that a county remitted to the state between the start of the
1997-98 fiscal year and the effective date of this section. The
department shall notify the county, the trial courts of the county,
and the Judicial Council of the amount it has reduced a county's
obligation to remit to the state pursuant to this subdivision.
77201.1. (a) Commencing on July 1, 1997, no county shall be
responsible for funding court operations, as defined in Section 77003
and Rule 10.810 of the California Rules of Court as it read on
January 1, 2007.
(b) Commencing in the 1999-2000 fiscal year, and each fiscal year
thereafter until the 2006-07 fiscal year, each county shall remit to
the state in four equal installments due on October 1, January 1,
April 1, and May 1, the amounts specified in paragraphs (1) and (2).
For the purpose of determining the counties' payments commencing in
the 2006-07 fiscal year, and each fiscal year thereafter, the amounts
listed in subdivision (a) of Section 77201.3 shall be used in lieu
of the amounts listed in this subdivision.
(1) Except as otherwise specifically provided in this section,
each county shall remit to the state the amount listed below, which
is based on an amount expended by the respective county for court
operations during the 1994-95 fiscal year:
Jurisdiction Amount
Alameda..................... $ 22,509,905
Alpine...................... -
Amador...................... -
Butte....................... -
Calaveras................... -
Colusa...................... -
Contra Costa................ 11,974,535
Del Norte................... -
El Dorado................... -
Fresno...................... 11,222,780
Glenn....................... -
Humboldt.................... -
Imperial.................... -
Inyo........................ -
Kern........................ 9,234,511
Kings....................... -
Lake........................ -
Lassen...................... -
Los Angeles................. 175,330,647
Madera...................... -
Marin....................... -
Mariposa.................... -
Mendocino................... -
Merced...................... -
Modoc....................... -
Mono........................ -
Monterey.................... 4,520,911
Napa........................ -
Nevada...................... -
Orange...................... 38,846,003
Placer...................... -
Plumas...................... -
Riverside................... 17,857,241
Sacramento.................. 20,733,264
San Benito.................. -
San Bernardino.............. 20,227,102
San Diego................... 43,495,932
San Francisco............... 19,295,303
San Joaquin................. 6,543,068
San Luis Obispo............. -
San Mateo................... 12,181,079
Santa Barbara............... 6,764,792
Santa Clara................. 28,689,450
Santa Cruz.................. -
Shasta...................... -
Sierra...................... -
Siskiyou.................... -
Solano...................... 6,242,661
Sonoma...................... 6,162,466
Stanislaus.................. 3,506,297
Sutter...................... -
Tehama...................... -
Trinity..................... -
Tulare...................... -
Tuolumne.................... -
Ventura..................... 9,734,190
Yolo........................ -
Yuba........................ -
(2) Except as otherwise specifically provided in this section,
each county shall also remit to the state the amount listed below,
which is based on an amount of fee, fine, and forfeiture revenue
remitted to the state pursuant to Sections 27361 and 76000 of this
code, Sections 1463.001, 1463.07, and 1464 of the Penal Code, and
Sections 42007, 42007.1, and 42008 of the Vehicle Code during the
1994-95 fiscal year:
Jurisdiction Amount
Alameda......................... $ 9,912,156
Alpine.......................... 58,757
Amador.......................... 265,707
Butte........................... 1,217,052
Calaveras....................... 310,331
Colusa.......................... 397,468
Contra Costa.................... 4,486,486
Del Norte....................... 124,085
El Dorado....................... 1,028,349
Fresno.......................... 3,695,633
Glenn........................... 360,974
Humboldt........................ 1,025,583
Imperial........................ 1,144,661
Inyo............................ 614,920
Kern............................ 5,530,972
Kings........................... 982,208
Lake............................ 375,570
Lassen.......................... 430,163
Los Angeles..................... 71,002,129
Madera.......................... 1,042,797
Marin........................... 2,111,712
Mariposa........................ 135,457
Mendocino....................... 717,075
Merced.......................... 1,733,156
Modoc........................... 104,729
Mono............................ 415,136
Monterey........................ 3,330,125
Napa............................ 719,168
Nevada.......................... 1,220,686
Orange.......................... 19,572,810
Placer.......................... 1,243,754
Plumas.......................... 193,772
Riverside....................... 7,681,744
Sacramento...................... 5,937,204
San Benito...................... 302,324
San Bernardino.................. 8,163,193
San Diego....................... 16,166,735
San Francisco................... 4,046,107
San Joaquin..................... 3,562,835
San Luis Obispo................. 2,036,515
San Mateo....................... 4,831,497
Santa Barbara................... 3,277,610
Santa Clara..................... 11,597,583
Santa Cruz...................... 1,902,096
Shasta.......................... 1,044,700
Sierra.......................... 42,533
Siskiyou........................ 615,581
Solano.......................... 2,708,758
Sonoma.......................... 2,316,999
Stanislaus...................... 1,855,169
Sutter.......................... 678,681
Tehama.......................... 640,303
Trinity......................... 137,087
Tulare.......................... 1,840,422
Tuolumne........................ 361,665
Ventura......................... 4,575,349
Yolo............................ 880,798
Yuba............................ 289,325
(3) Except as otherwise specifically provided in this section,
county remittances specified in paragraphs (1) and (2) shall not be
increased in subsequent years.
(4) Except for those counties with a population of 70,000 or fewer
on January 1, 1996, the amount a county is required to remit
pursuant to paragraph (1) shall be adjusted by the amount equal to
any adjustment resulting from the procedures in subdivisions (c) and
(d) of Section 77201 as that section read on June 30, 1998, to the
extent a county filed an appeal with the Controller with respect to
the findings made by the Department of Finance. This paragraph shall
not be construed to establish a new appeal process beyond what was
provided by Section 77201, as that section read on June 30, 1998.
(5) A change in statute or rule of court that either reduces the
bail schedule or redirects or reduces a county's portion of fee,
fine, and forfeiture revenue to an amount that is less than (A) the
fees, fines, and forfeitures retained by that county, and (B) the
county's portion of fines and forfeitures transmitted to the state in
the 1994-95 fiscal year, shall reduce that county's remittance
specified in paragraph (2) of this subdivision by an equal amount.
This paragraph is not intended to limit judicial sentencing
discretion.
(6) In the 2005-06 fiscal year, the amount that the County of
Santa Clara is required to remit to the state under paragraph (2)
shall be reduced as described in this paragraph, rather than as
described in subdivision (b) of Section 68085.7. It is the intent of
the Legislature that this paragraph have retroactive effect.
(A) For the County of Santa Clara, the remittance under this
subdivision for the 2005-06 fiscal year shall be reduced by an amount
equal to one-half of the amount calculated by subtracting the budget
reduction for the Superior Court of Santa Clara County for that
fiscal year attributable to the reduction of the counties' payment
obligation from thirty-one million dollars ($31,000,000) pursuant to
subdivision (a) of Section 68085.6 from the net civil assessments
received in that county in that fiscal year. "Net civil assessments"
as used in this paragraph means the amount of civil assessments
collected minus the costs of collecting those civil assessments,
under the guidelines of the Controller.
(B) The reduction under this paragraph of the amount that the
County of Santa Clara is required to remit to the state for the
2005-06 fiscal year shall not exceed two million five hundred
thousand dollars ($2,500,000). If the reduction reaches two million
five hundred thousand dollars ($2,500,000), the amount the county is
required to remit to the state under paragraph (2) of subdivision (a)
of Section 77201.3 in each subsequent fiscal year shall be eight
million four hundred sixty-one thousand two hundred ninety-three
dollars ($8,461,293).
(C) This paragraph does not affect the reduction of the annual
remittance for the County of Santa Clara as provided in Section
68085.2.
(7) Notwithstanding the changes to the amounts in paragraph (2)
made by Section 68085.7 or any other section, the amounts in
paragraph (2) shall not be changed for purposes of the calculation
required by subdivision (a) of Section 77205.
(c) This section is not intended to relieve a county of the
responsibility to provide necessary and suitable court facilities
pursuant to Section 70311.
(d) This section is not intended to relieve a county of the
responsibility for justice-related expenses not included in Section
77003 which are otherwise required of the county by law, including,
but not limited to, indigent defense representation and
investigation, and payment of juvenile justice charges.
(e) County base year remittance requirements specified in
paragraph (2) of subdivision (b) incorporate specific reductions to
reflect those instances where the Department of Finance has
determined that a county's remittance to both the General Fund and
the Trial Court Trust Fund during the 1994-95 fiscal year exceeded
the aggregate amount of state funding from the General Fund and the
Trial Court Trust Fund. The amount of the reduction was determined by
calculating the difference between the amount the county remitted to
the General Fund and the Trial Court Trust Fund and the aggregate
amount of state support from the General Fund and the Trial Court
Trust Fund allocated to the county's trial courts. In making its
determination of whether a county is entitled to a reduction pursuant
to paragraph (2) of subdivision (b), the Department of Finance
subtracted from county revenues remitted to the state, all moneys
derived from the fee required by Section 42007.1 of the Vehicle Code
and the parking surcharge required by subdivision (c) of Section
76000 of this code.
(f) Notwithstanding subdivision (e), the Department of Finance
shall not reduce a county's base year remittance requirement, as
specified in paragraph (2) of subdivision (b), if the county's trial
court funding allocation was modified pursuant to the amendments to
the allocation formula set forth in paragraph (4) of subdivision (d)
of Section 77200, as amended by Chapter 2 of the Statutes of 1993, to
provide a stable level of funding for small county courts in
response to reductions in the General Fund support for the trial
courts.
(g) In any fiscal year in which a county of the first class pays
the employer-paid retirement contribution for court employees, or
other employees of the county who provide a service to the court, and
the amounts of those payments are charged to the budget of the
courts, the sum the county is required to pay to the state pursuant
to paragraph (1) of subdivision (b) shall be increased by the actual
amount charged to the trial court up to twenty-three million five
hundred twenty-seven thousand nine hundred forty-nine dollars
($23,527,949) in that fiscal year. The county and the trial court
shall report to the Controller and the Department of Finance the
actual amount charged in that fiscal year.
77201.2. All moneys required to be paid to the Trial Court Trust
Fund pursuant to Sections 77201, 77201.1, and 77201.3 shall be
considered delinquent if not received by the dates therein specified,
and shall be subject to the penalties set forth in Section 68085.
77201.3. (a) Commencing with the 2006-07 fiscal year, and each
fiscal year thereafter, except as otherwise specifically provided in
this section, each county shall remit to the state the amounts
described in this subdivision in four equal installments due on
October 1, January 1, April 1, and May 1. The amounts listed in this
subdivision are in lieu of the amounts listed in subdivision (b) of
Section 77201.1. However, for purposes of the calculation required by
subdivision (a) of Section 77205, the amounts in paragraph (2) of
subdivision (b) of Section 77201.1 shall be used.
(1) Each county shall remit to the state the amount listed below,
which is based on an amount expended by the respective county for
court operations during the 1994-95 fiscal year. The amount listed
for Los Angeles County includes the twenty-three million five hundred
twenty-seven thousand nine hundred forty-nine dollars ($23,527,949)
increase required by subdivision (g) of Section 77201.1.
Jurisdiction Amount
Alameda..................... $ 22,509,905
Alpine...................... -
Amador...................... -
Butte....................... -
Calaveras................... -
Colusa...................... -
Contra Costa................ 11,974,535
Del Norte................... -
El Dorado................... -
Fresno...................... 11,222,780
Glenn....................... -
Humboldt.................... -
Imperial.................... -
Inyo........................ -
Kern........................ 9,234,511
Kings....................... -
Lake........................ -
Lassen...................... -
Los Angeles................. 198,858,596
Madera...................... -
Marin....................... -
Mariposa.................... -
Mendocino................... -
Merced...................... -
Modoc....................... -
Mono........................ -
Monterey.................... 4,520,911
Napa........................ -
Nevada...................... -
Orange...................... 38,846,003
Placer...................... -
Plumas...................... -
Riverside................... 17,857,241
Sacramento.................. 20,733,264
San Benito.................. -
San Bernardino.............. 20,227,102
San Diego................... 43,495,932
San Francisco............... 19,295,303
San Joaquin................. 6,543,068
San Luis Obispo............. -
San Mateo................... 12,181,079
Santa Barbara............... 6,764,792
Santa Clara................. 28,689,450
Santa Cruz.................. -
Shasta...................... -
Sierra...................... -
Siskiyou.................... -
Solano...................... 6,242,661
Sonoma...................... 6,162,466
Stanislaus.................. 3,506,297
Sutter...................... -
Tehama...................... -
Trinity..................... -
Tulare...................... -
Tuolumne.................... -
Ventura..................... 9,734,190
Yolo........................ -
Yuba........................ -
(2) (A) This paragraph sets forth the amount of the revenue
maintenance of effort payment as modified by the reductions in
Sections 68085.2 and 68085.7, including, if applicable, any
adjustment made pursuant to paragraph (1) of subdivision (b) of
Section 68085.8.
Jurisdiction Amount
Alameda..................... $ 7,529,814
Alpine...................... 58,459
Amador...................... 261,618
Butte....................... 797,512
Calaveras................... 298,247
Colusa...................... 394,002
Contra Costa................ 3,136,407
Del Norte................... 120,598
El Dorado................... 732,606
Fresno...................... 3,536,164
Glenn....................... 293,014
Humboldt.................... 933,601
Imperial.................... 1,075,275
Inyo........................ 610,438
Kern........................ 5,247,051
Kings....................... 759,717
Lake........................ 133,003
Lassen...................... 379,561
Los Angeles................. 47,023,566
Madera...................... 1,025,684
Marin....................... 2,010,028
Mariposa.................... 131,611
Mendocino................... 441,037
Merced...................... 1,600,227
Modoc....................... 103,798
Mono........................ 409,747
Monterey.................... 2,662,998
Napa........................ 710,832
Nevada...................... 1,197,947
Orange...................... 15,603,484
Placer...................... 835,467
Plumas...................... 154,384
Riverside................... 7,108,548
Sacramento.................. 1,829,692
San Benito.................. 270,940
San Bernardino.............. 3,325,704
San Diego................... 13,501,132
San Francisco............... 3,123,814
San Joaquin................. 2,158,803
San Luis Obispo............. 1,754,131
San Mateo................... 2,527,355
Santa Barbara............... 3,117,677
Santa Cruz.................. 1,495,691
Shasta...................... 574,383
Sierra...................... 41,810
Siskiyou.................... 482,082
Solano...................... 1,931,765
Sonoma...................... 1,439,187
Stanislaus.................. 1,079,927
Sutter...................... 644,174
Tehama...................... 627,958
Trinity..................... 102,233
Tulare...................... 1,345,686
Tuolumne.................... 277,573
Ventura..................... 2,283,494
Yolo........................ 464,030
Yuba........................ 273,437
(B) The amount remitted by the County of Santa Clara shall be ten
million nine hundred sixty-one thousand two hundred ninety-three
dollars ($10,961,293) reduced as described in clauses (i) and (ii).
(i) The amount remitted by the County of Santa Clara pursuant to
this paragraph for each fiscal year shall be reduced by an amount
equal to one-half of the amount calculated by subtracting the budget
reduction for the Superior Court of Santa Clara County for that
fiscal year attributable to the reduction of the counties' payment
obligation from thirty-one million dollars ($31,000,000) pursuant to
subdivision (a) of Section 68085.6 from the net civil assessments
received in that county in that fiscal year. "Net civil assessments"
as used in this paragraph means the amount of civil assessments
collected minus the costs of collecting those civil assessments,
under the guidelines of the Controller.
(ii) The reduction calculated pursuant to paragraph (i) shall not
exceed two million five hundred thousand dollars ($2,500,000) in any
fiscal year. If the reduction for a fiscal year reaches two million
five hundred thousand dollars ($2,500,000), the amount that the
county is required to remit to the state under this paragraph in that
fiscal year and in each subsequent fiscal year shall be eight
million four hundred sixty-one thousand two hundred ninety-three
dollars ($8,461,293).
(b) Except as otherwise specifically provided in this section,
county remittances specified in subdivision (a) shall not be
increased in subsequent years.
(c) Except for those counties with a population of 70,000, or
less, on January 1, 1996, the amount a county is required to remit
pursuant to paragraph (1) of subdivision (a) shall be adjusted by the
amount equal to any adjustment resulting from the procedures in
subdivisions (c) and (d) of Section 77201 as that section read on
June 30, 1998, to the extent a county filed an appeal with the
Controller with respect to the findings made by the Department of
Finance. This subdivision shall not be construed to establish a new
appeal process beyond what was provided by Section 77201, as that
section read on June 30, 1998.
(d) Any change in statute or rule of court that either reduces the
bail schedule or redirects or reduces a county's portion of fee,
fine, and forfeiture revenue to an amount that is less than (1) the
fees, fines, and forfeitures retained by that county, and (2) the
county's portion of fines and forfeitures transmitted to the state in
the 1994-95 fiscal year, shall reduce that county's remittance
specified in paragraph (2) of subdivision (a) by an equal amount.
Nothing in this subdivision is intended to limit judicial sentencing
discretion.
(e) Nothing in this section is intended to relieve a county of the
responsibility to provide necessary and suitable court facilities
pursuant to Section 68073.
(f) Nothing in this section is intended to relieve a county of the
responsibility for justice-related expenses not included in Section
77003 which are otherwise required of the county by law, including,
but not limited to, indigent defense representation and
investigation, and payment of juvenile justice charges.
77202. (a) The Legislature shall make an annual appropriation to
the Judicial Council for the general operations of the trial courts
based on the request of the Judicial Council. The Judicial Council's
trial court budget request, which shall be submitted to the Governor
and the Legislature, shall meet the needs of all trial courts in a
manner that ensures a predictable fiscal environment for labor
negotiations in accordance with the Trial Court Employment Protection
and Governance Act (Chapter 7 (commencing with Section 71600) of
Title 8), that promotes equal access to the courts statewide, and
that promotes court financial accountability. The annual budget
request shall include the following components:
(1) Commencing with the 2006-07 fiscal year, annual General Fund
appropriations to support the trial courts shall be comprised of both
of the following:
(A) The current fiscal year General Fund appropriations, which
include all of the following:
(i) General Fund moneys appropriated for transfer or direct local
assistance in support of the trial courts.
(ii) Transfers to the Judicial Administration Efficiency and
Modernization Fund.
(iii) Local assistance grants made by the Judicial Council,
including the Equal Access Fund.
(iv) The full year cost of budget change proposals approved
through the 2006-07 fiscal year or subsequently approved in
accordance with paragraph (2), but excluding lease-revenue payments
and funding for costs specifically and expressly reimbursed through
other state or federal funding sources, excluding the cost of
one-time or expiring programs.
(B) A cost-of-living and growth adjustment computed by multiplying
the year-to-year percentage change in the state appropriation limit
as described in Section 3 of Article XIII B of the California
Constitution by the sum of all of the following:
(i) The current year General Fund appropriations for the trial
courts, as defined in subparagraph (A).
(ii) The amount of county obligations established pursuant to
subdivision (b) of Section 77201.1 in effect as of June 30, 2005, six
hundred ninety-eight million sixty-eight thousand dollars
($698,068,000).
(iii) The level of funding required to be transferred from the
Trial Court Improvement Fund to the Trial Court Trust Fund pursuant
to subdivision (k) of Section 77209, thirty-one million five hundred
sixty-three thousand dollars ($31,563,000).
(iv) Funding deposited into the Court Facilities Trust Fund
associated with each facility that was transferred to the state not
less than two fiscal years earlier than the fiscal year for which the
cost-of-living and growth adjustment is being calculated.
(v) The court filing fees and surcharges projected to be deposited
into the Trial Court Trust Fund in the 2005-06 fiscal year, adjusted
to reflect the full-year implementation of the uniform civil fee
structure implemented on January 1, 2006, three hundred sixty-nine
million six hundred seventy-two thousand dollars ($369,672,000).
(2) In addition to the moneys to be applied pursuant to
subdivision (b), the Judicial Council may identify and request
additional funding for the trial courts for costs resulting from the
implementation of statutory changes that result in either an
increased level of service or a new activity that directly affects
the programmatic or operational needs of the courts.
(b) The Judicial Council shall allocate the funding from the Trial
Court Trust Fund to the trial courts in a manner that best ensures
the ability of the courts to carry out their functions, promotes
implementation of statewide policies, and promotes the immediate
implementation of efficiencies and cost-saving measures in court
operations, in order to guarantee access to justice to citizens of
the state.
The Judicial Council shall ensure that allocations to the trial
courts recognize each trial court's implementation of efficiencies
and cost-saving measures.
These efficiencies and cost-saving measures shall include, but not
be limited to, the following:
(1) The sharing or merger of court support staff among trial
courts across counties.
(2) The assignment of any type of case to a judge for all purposes
commencing with the filing of the case and regardless of
jurisdictional boundaries.
(3) The establishment of a separate calendar or division to hear a
particular type of case.
(4) In rural counties, the use of all court facilities for
hearings and trials of all types of cases and the acceptance of
filing documents in any case.
(5) The use of alternative dispute resolution programs, such as
arbitration.
(6) The development and use of automated accounting and
case-processing systems.
(c) (1) The Judicial Council shall adopt policies and procedures
governing practices and procedures for budgeting in the trial courts
in a manner that best ensures the ability of the courts to carry out
their functions and may delegate the adoption to the Administrative
Director of the Courts. The Administrative Director of the Courts
shall establish budget procedures and an annual schedule of budget
development and management consistent with these rules.
(2) The trial court policies and procedures shall specify the
process for a court to transfer existing funds between or among the
budgeted program components to reflect changes in the court's planned
operation or to correct technical errors. If the process requires a
trial court to request approval of a specific transfer of existing
funds, the Administrative Office of the Courts shall review the
request to transfer funds and respond within 30 days of receipt of
the request. The Administrative Office of the Courts shall respond to
the request for approval or denial to the affected court, in
writing, with copies provided to the Department of Finance, the
Legislative Analyst's Office, the Legislature's budget committees,
and the court's affected labor organizations.
(3) The Judicial Council shall circulate for comment to all
affected entities any amendments proposed to the trial court policies
and procedures as they relate to budget monitoring and reporting.
Final changes shall be adopted at a meeting of the Judicial Council.
77202.5. (a) The Judicial Council shall report all approved
allocations and reimbursements to the trial courts in each fiscal
year, including funding received through augmentations in accordance
with paragraph (2) of subdivision (a) of Section 77202, to the chairs
of the Senate Committees on Budget and Fiscal Review and Judiciary
and the Assembly Committees on Budget and Judiciary on or before
September 30 following the close of each fiscal year. The report
shall include all of the following:
(1) A statement of the intended purpose for which each allocation
or reimbursement was made.
(2) The policy governing trial court reserves.
(b) The trial courts shall report to the Judicial Council on or
before September 15 following the close of each fiscal year all court
revenues, expenditures, reserves, and fund balances from the prior
fiscal year for funding from all fund sources. The report shall
specify all expenditures, including those associated with
administrative costs, by program, component, and object. The Judicial
Council shall summarize this information by court and report it to
the chairs of the Senate and Assembly Committees on Budget and the
Judiciary and post that information on a public Internet Web site on
or before December 31, 2009, and on or before December 31 following
the close of each fiscal year thereafter.
(c) Nothing in this section is intended to restrict public access
to information otherwise authorized by statute, rule, or case law.
77203. The Judicial Council may authorize a trial court to carry
unexpended funds over from one fiscal year to the next, provided that
the court carrying over the funds has fully implemented all
provisions of former Rule 991 of the California Rules of Court as it
read on July 1, 1996, regarding trial court coordination.
77204. (a) The Judicial Council shall have the authority to
allocate funds appropriated annually to the State Trial Court Trust
Fund for the purpose of paying legal costs resulting from lawsuits or
claims involving the state, the Judicial Council, or a member or
employee of the Judicial Council or Administrative Office of the
Court and arising out of (1) the actions or conduct of a trial court,
trial court bench officer, or trial court employee, (2) a challenge
to a California rule of court, form, local trial court rule, or
policy, or (3) the actions or conduct of the Judicial Council or the
Administrative Office of the Court affecting one or more trial courts
and for which the state is named as a defendant or alleged to be the
responsible party.
(b) For the purposes of this section, legal costs are defined to
be (1) the state's or Judicial Council's portion of any agreement,
settlement decree, stipulation, or stipulated judgment; (2) the state'
s or Judicial Council's portion of any payment required pursuant to a
judgment or order; or (3) attorneys' fees, legal assistant fees, and
any litigation costs and expenses, including, but not limited to,
experts' fees incurred by the state or Judicial Council.
77205. (a) Notwithstanding any other provision of law, in any year
in which a county collects fee, fine, and forfeiture revenue for
deposit into the county general fund pursuant to Sections 1463.001
and 1464 of the Penal Code, Sections 42007, 42007.1, and 42008 of the
Vehicle Code, and Sections 27361 and 76000 of, and subdivision (f)
of Section 29550 of, the Government Code that would have been
deposited into the General Fund pursuant to these sections as they
read on December 31, 1997, and pursuant to Section 1463.07 of the
Penal Code, and that exceeds the amount specified in paragraph (2) of
subdivision (b) of Section 77201 for the 1997-98 fiscal year, and
paragraph (2) of subdivision (b) of Section 77201.1 for the 1998-99
fiscal year, and thereafter, the excess amount shall be divided
between the county or city and county and the state, with 50 percent
of the excess transferred to the state for deposit in the Trial Court
Improvement Fund and 50 percent of the excess deposited into the
county general fund. The Judicial Council shall allocate 80 percent
of the amount deposited in the Trial Court Improvement Fund pursuant
to this subdivision each fiscal year that exceeds the amount
deposited in the 2002-03 fiscal year among:
(1) The trial court in the county from which the revenue was
deposited.
(2) Other trial courts, as provided in paragraph (1) of
subdivision (a) of Section 68085.
(3) For retention in the Trial Court Improvement Fund.
For the purpose of this subdivision, fee, fine, and forfeiture
revenue shall only include revenue that would otherwise have been
deposited in the General Fund prior to January 1, 1998.
(b) Any amounts required to be distributed to the state pursuant
to subdivision (a) shall be remitted to the Controller no later than
45 days after the end of the fiscal year in which those fees, fines,
and forfeitures were collected. This remittance shall be accompanied
by a remittance advice identifying the quarter of collection and
stating that the amount should be deposited in the Trial Court
Improvement Fund.
(c) Notwithstanding subdivision (a), the following counties whose
base-year remittance requirement was reduced pursuant to subdivision
(c) of Section 77201.1 shall not be required to split their annual
fee, fine, and forfeiture revenues as provided in this section until
such revenues exceed the following amounts:
County Amount
Placer...................... $ 1,554,677
Riverside................... 11,028,078
San Joaquin................. 3,694,810
San Mateo................... 5,304,995
Ventura..................... 4,637,294
77206. (a) Notwithstanding any other law, the Judicial Council may
regulate the budget and fiscal management of the trial courts. The
Judicial Council, in consultation with the Controller, shall maintain
appropriate regulations for recordkeeping and accounting by the
courts. The Judicial Council shall seek to ensure, by these
provisions, both of the following:
(1) That the fiscal affairs of the trial courts are managed
efficiently, effectively, and responsibly.
(2) That all moneys collected by the courts, including filing
fees, fines, forfeitures, and penalties, and all revenues and
expenditures relating to court operations are known.
The Judicial Council may delegate its authority under this
section, when appropriate, to the Administrative Director of the
Courts.
(b) Regulations, rules, and reporting requirements adopted
pursuant to this chapter shall be exempt from review and approval or
other processing by the Office of Administrative Law as provided for
in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2.
(c) The Controller, at the request of the Legislature, may perform
and publish financial and fiscal compliance audits of the reports of
court revenues and expenditures. The Controller shall report the
results of these audits to the Legislature and the Judicial Council.
(d) The Judicial Council shall provide for the transmission of
summary information concerning court revenues and expenditures to the
Controller.
(e) The Judicial Council shall adopt rules to provide for
reasonable public access to budget allocation and expenditure
information at the state and local levels.
(f) The Judicial Council shall adopt rules ensuring that, upon
written request, the trial courts provide, in a timely manner,
information relating to the administration of the courts, including
financial information and other information that affects the wages,
hours, and working conditions of trial court employees.
(g) (1) The Judicial Council or its representatives may do any of
the following:
(A) Inspect, review, and perform comprehensive oversight and
analysis of court financial records wherever they may be located.
(B) Investigate allegations of financial impropriety or
mismanagement.
(2) The authority granted pursuant to this subdivision shall not
substitute for, or conflict with, the audits conducted pursuant to
subdivisions (h) and (i).
(h) (1) Commencing not earlier than July 1, 2011, and not later
than December 15, 2012, the entity contracted with pursuant to
subdivision (j) shall establish a pilot program to audit six trial
courts. That entity shall select the trial courts using the following
criteria:
(A) Two trial courts selected from counties with a population of
200,000 or less.
(B) Two trial courts selected from counties with a population
greater than 200,000 and less than 750,000.
(C) Two trial courts selected from counties with a population of
750,000 or greater.
The audits shall be performed in accordance with generally
accepted government auditing standards and shall determine the trial
court's compliance with governing statutes, rules, and regulations
relating to the revenues, expenditures, and fund balances of all
material and significant funds, including state General Fund funds,
funds generated from fees or fines, federal funds, grants, and any
other funds within the trial court's administration or control. The
audits required by this section shall be in addition to any audit
regularly conducted pursuant to any other provision of law.
(2) Based on the results of the pilot program audits described in
paragraph (1), the entity contracted with pursuant to subdivision (j)
shall, on or before December 15, 2013, commence an audit of the
trial courts, provided that every trial court is audited in the
manner prescribed by this section at least once every four years. The
audits shall be performed in accordance with generally accepted
government auditing standards and shall determine the trial court's
compliance with governing statutes, rules, and regulations relating
to the revenues, expenditures, and fund balances of all material and
significant funds, including state General Fund funds, funds
generated from fees or fines, federal funds, grants, or any other
funds within the trial court's administration or control. The audits
required by this paragraph shall be in addition to any audit
regularly conducted pursuant to any other provision of law.
(3) Notwithstanding Section 10231.5, the auditing entity shall
compile the trial court audit findings and report the results of
these audits to the Legislature, the Judicial Council, and the
Department of Finance no later than April 1 of each year. An audit
report shall not be considered final until the audited entity is
provided a reasonable opportunity to respond and the response is
included with, or incorporated into, the report.
(4) The reasonable and necessary contracted cost of the audit
conducted pursuant to this subdivision shall be paid from funds of
the local trial court being audited.
(i) (1) On or before December 15, 2013, and biennially thereafter,
the entity contracted with pursuant to subdivision (j) shall perform
an audit of the Administrative Office of the Courts in accordance
with generally accepted government auditing standards and shall
determine the Administrative Office of the Court's compliance with
governing statutes, rules, regulations, and policies relating to the
revenues, expenditures, and fund balances of all material and
significant funds under the administration, jurisdiction, or control
of the Administrative Office of the Courts.
(2) Notwithstanding Section 10231.5, the auditing entity shall
provide a copy of the final audit report of the Administrative Office
of the Courts to the Legislature, the Judicial Council, and the
Department of Finance upon issuance. An audit report shall not be
considered final until the audited entity is provided a reasonable
opportunity to respond and the response is included with, or
incorporated into, the report.
(3) Any reasonable and necessary contracted costs incurred by the
auditing entity pursuant to this subdivision shall be reimbursed by
the Administrative Office of the Courts.
(j) The Administrative Office of the Courts shall contract with
the Controller to perform the audits described in subdivisions (h)
and (i), unless either the Bureau of State Audits or the Department
of Finance demonstrates that it can perform the audits pursuant to
the same timeframes, scope, and methodology as the Controller for a
cost that is less than that proposed by the Controller. In that case,
the Administrative Office of the Courts may contract with the state
entity named in this subdivision that is most cost effective. The
Administrative Office of the Courts shall provide written
notification to the chairs of the Senate Committee on Budget and
Fiscal Review, the Assembly Committee on Budget, and the Senate and
Assembly Committees on Judiciary, if the Administrative Office of the
Courts contracts with an entity other than the Controller. The
contract period for any contract entered into pursuant to this
section shall not exceed four years from the date of commencement.
(k) A report submitted pursuant to subdivision (h) or (i) shall be
submitted in compliance with Section 9795.
77206.1. (a) The presiding judge, or the person designated by the
presiding judge to authorize expenditures from the Trial Court
Operations Fund, shall approve no claim, and shall authorize no
warrant, for any obligation in excess of that authorized therefor in
the budget authorized by the Judicial Council.
(b) The Administrative Director of the Courts shall advise the
Judicial Council, and the Judicial Council may appoint a person or
entity to manage the expenditures from the Trial Court Operations
Fund, of any court found to be in violation of this section.
77207. The Legislature shall appropriate trial court funding. The
Co