SECTIONS 15200-15204 - California Statutes

GOVERNMENT CODE

SECTION 15200-15204

15200. The Legislature hereby declares that: (1) The uniform
administration of justice throughout the State is a matter of
statewide interest; (2) The prosecution and conduct of trials of
persons accused of homicide should not be hampered or delayed by any
lack of funds available to the counties for such purposes; (3) A
county should not be required to bear the entire costs of a trial
involving a homicide if such costs will seriously impair the finances
of the county; and (4) It is the intention of the Legislature in
enacting this chapter to provide for state assistance to counties in
such emergency situations.

15201. As used in this chapter, "costs incurred by the county"
means all costs, except normal salaries and expenses, incurred by the
county in bringing to trial or trials, including the trial or trials
of, a person or persons for the offense of homicide, including
costs, except normal salaries and expenses, incurred by the district
attorney in investigation and prosecution, by the sheriff in
investigation, by the public defender or court-appointed attorney or
attorneys in investigation and defense, and all other costs, except
normal salaries and expenses, incurred by the county in connection
with bringing the person or persons to trial including the trial
itself, which include extraordinary expenses for such services as
witness fees and expenses, court-appointed expert witness fees and
expenses, reporter fees, and costs in preparing transcripts. Trial
costs shall also include all pretrials, hearings, and postconviction
proceedings, if any. "Costs incurred by the county" do not include
any costs paid by the superior court or for which the superior court
is responsible.

15202. (a) A county that is responsible for the cost of a trial or
trials or any hearing of a person for the offense of homicide may
apply to the Controller for reimbursement of the costs incurred by
the county in excess of the amount of money derived by the county
from a tax of 0.0125 of 1 percent of the full value of property
assessed for purposes of taxation within the county.
(b) The formula in this section shall apply to any homicide trial
in which the commission of the crime occurred on or after January 1,
2005. Homicide trials for which the crime was committed before
January 1, 2005, shall qualify under the reimbursement statute in
effect before that date.
(c) The Controller shall not reimburse any county for costs that
exceed the California Victim Compensation and Government Claims Board'
s standards for travel and per diem expenses. The Controller may
reimburse extraordinary costs in unusual cases if the county provides
sufficient justification of the need for these expenditures. Nothing
in this section shall permit the reimbursement of costs for travel
in excess of 1,000 miles on any single round trip, without the prior
approval of the Attorney General.
(d) Reimbursement funds appropriated pursuant to this section are
available for three fiscal years from the date of the appropriation.
After three fiscal years, any unused funds shall revert back to the
General Fund.

15202.1. (a) If the venue for trial of a homicide case has been
changed from the county which is eligible for reimbursement under
Section 15202 to a location more than 60 miles from the county seat
of that county, and the district attorney of that county has entered
into a contract with an attorney to try the case or an investigator
to assist in the trial of the case, the Controller shall reimburse
the county for the actual costs of the attorney or investigator under
this section, at an hourly rate not to exceed the hourly rate
charged state agencies by the Attorney General for similar attorney
services or investigators, without further showing of justification.
Nothing in this section shall permit the reimbursement of costs for
travel in excess of 1,000 miles on any single round trip, without the
prior approval of the Attorney General.
(b) (1) This section shall apply to any homicide cases in which a
final judgment was entered prior to January 1, 1990.
(2) The limitation provided in this subdivision shall not apply to
Sierra County. Instead, the County of Sierra may apply to the
Controller for reimbursement pursuant to subdivision (a) for its
costs incident to the prosecution of the homicide trial of People v.
Corjasso.

15203. If the county meets the conditions described in Section
15202 and applies to the State Controller for reimbursement pursuant
to that section, and the State Controller determines that the
reimbursement meets the provisions of Section 15201, the State
Controller shall request the Director of Finance to include any
amounts necessary to fulfill the purposes of Section 15202 annually
in a request for deficiency appropriation in augmentation of the
emergency fund.

15204. The State Controller may establish rules and regulations to
carry out the purposes of this chapter.