SECTIONS 69920-69927 - California Statutes

GOVERNMENT CODE

SECTION 69920-69927

69920. This article shall be known and may be cited as the Superior
Court Law Enforcement Act of 2002.

69921. For purposes of this article:
(a) "Contract law enforcement template" means a document that is
contained in the Administrative Office of the Courts' financial
policies and procedures manual that accounts for and further defines
allowable costs, as described in paragraphs (3) to (6), inclusive, of
subdivision (a) of Section 69927.
(b) "Court attendant" means a nonarmed, nonlaw enforcement
employee of the superior court who performs those functions specified
by the court, except those functions that may only be performed by
armed and sworn personnel. A court attendant is not a peace officer
or a public safety officer.
(c) "Court security plan" means a plan that is provided by the
superior court to the Administrative Office of the Courts that
includes a law enforcement security plan and all other court security
matters.
(d) "Law enforcement security plan" means a plan that is provided
by a sheriff or marshal that includes policies and procedures for
providing public safety and law enforcement services to the court.
(e) "Superior court law enforcement functions" means all of the
following:
(1) Bailiff functions, as defined in Sections 830.1 and 830.36 of
the Penal Code, in criminal and noncriminal actions, including, but
not limited to, attending courts.
(2) Taking charge of a jury, as provided in Sections 613 and 614
of the Code of Civil Procedure.
(3) Patrolling hallways and other areas within court facilities.
(4) Overseeing prisoners in holding cells within court facilities.
(5) Escorting prisoners in holding cells within court facilities.
(6) Providing security screening within court facilities.
(7) Providing enhanced security for bench officers and court
personnel, as agreed upon by the court and the sheriff or marshal.

69921.5. The duties of the presiding judge of each superior court
shall include the authority to contract, subject to available
funding, with a sheriff or marshal, for the necessary level of law
enforcement services in the courts.

69922. Except as otherwise provided by law, whenever required, the
sheriff shall attend all superior court held within his or her
county. A sheriff shall attend a noncriminal, nondelinquency action,
however, only if the presiding judge or his or her designee makes a
determination that the attendance of the sheriff at that action is
necessary for reasons of public safety. The court may use court
attendants in courtrooms hearing those noncriminal, nondelinquency
actions. Notwithstanding any other provision of law, the presiding
judge or his or her designee may provide that a court attendant take
charge of a jury, as provided in Sections 613 and 614 of the Code of
Civil Procedure. The sheriff shall obey all lawful orders and
directions of all courts held within his or her county.

69925. On and after July 1, 2003, the sheriff or marshal, in
conjunction with the presiding judge, shall develop an annual or
multiyear comprehensive court security plan that includes the
mutually agreed upon law enforcement security plan to be utilized by
the court. The Judicial Council shall provide for the subject areas
to be addressed in the plan and specify the most efficient practices
for providing court security services. The Judicial Council shall
establish a process for the review of court security plans by the
Judicial Council in the California Rules of Court. The Judicial
Council shall annually submit to the Senate Judiciary Committee and
Assembly Judiciary Committee a report summarizing the court security
plans reviewed by the Judicial Council, including, but not limited
to, a description of each plan, the cost involved, and whether each
plan complies with the rules for the most efficient practices for
providing court security services.

69926. (a) This section applies to the superior court and the
sheriff or marshal's department in those counties in which either of
the following apply:
(1) The sheriff's department was otherwise required by law to
provide court security services on and after July 1, 1998.
(2) Court security was provided by the marshal's office on and
after July 1, 1998, the marshal's office was subsequently abolished
and succeeded by the sheriff's department, and the successor sheriff'
s department is required to provide court security services as
successor to the marshal.
(b) The superior court and the sheriff or marshal shall enter into
an annual or multiyear memorandum of understanding specifying the
agreed upon level of court security services, cost of services, and
terms of payment. The cost of services specified in the memorandum of
understanding shall be based on the estimated average cost of salary
and benefits for equivalent personnel classifications in that
county, not including overtime pay. In calculating the average cost
of benefits, only those benefits listed in paragraph (6) of
subdivision (a) of Section 69927 shall be included. For purposes of
this article, "benefits" excludes any item not expressly listed in
this subdivision, including, but not limited to, any costs associated
with retiree health benefits. As used in this subdivision, retiree
health benefits includes, but is not limited to, the current cost of
health benefits for already retired personnel and any amount to cover
the costs of future retiree health benefits for either currently
employed or already retired personnel.
(c) The sheriff or marshal shall provide information as identified
in the contract law enforcement template by April 30 of each year to
the superior court in that county, specifying the nature, extent,
and basis of the costs, including negotiated or projected salary
increases of court law enforcement services that the sheriff proposes
to include in the budget of the court security program for the
following state budget year. Actual court security allocations shall
be subject to the approval of the Judicial Council and the funding
provided by the Legislature. It is the intent of the Legislature that
proposed court security expenditures submitted by the Judicial
Council to the Department of Finance for inclusion in the Governor's
Budget shall be as defined in the contract law enforcement template.
(d) If the superior court and the sheriff or marshal are unwilling
or unable to enter into an agreement pursuant to this section on or
before August 1 of any fiscal year, the court or sheriff or marshal
may request the continuation of negotiations between the superior
court and the sheriff or marshal for a period of 45 days with
mediation assistance, during which time the previous law enforcement
services agreement shall remain in effect. Mutually agreed upon
mediation assistance shall be determined by the Administrative
Director of the Courts and the president of the California State
Sheriffs' Association.

69927. (a) It is the intent of the Legislature in enacting this
section to develop a definition of the court security component of
court operations that modifies Function 8 of Rule 10.810 of the
California Rules of Court in a manner that will standardize billing
and accounting practices and court security plans, and identify
allowable law enforcement security costs after the operative date of
this article. It is not the intent of the Legislature to increase or
decrease the responsibility of a county for the cost of court
operations, as defined in Section 77003 or Rule 10.810 of the
California Rules of Court, as it read on January 1, 2007, for court
security services provided prior to January 1, 2003. It is the intent
of the Legislature that a sheriff's or marshal's court law
enforcement budget not be reduced as a result of this article. Any
new court security costs permitted by this article shall not be
operative unless the funding is provided by the Legislature.
(1) The Judicial Council shall adopt a rule establishing a working
group on court security. The group shall consist of six
representatives from the judicial branch of government, as selected
by the Administrative Director of the Courts, two representatives of
the counties, as selected by the California State Association of
Counties, and three representatives of the county sheriffs, as
selected by the California State Sheriffs' Association. It is the
intent of the Legislature that this working group may recommend
modifications only to the template used to determine that the
security costs submitted by the courts to the Administrative Office
of the Courts are permitted pursuant to this article. The template
shall be a part of the trial court's financial policies and
procedures manual and used in place of the definition of law
enforcement costs in Function 8 of Rule 10.810 of the California
Rules of Court. If the working group determines that there is a need
to make recommendations to the template that specifically involve law
enforcement or security personnel in courtrooms or court detention
facilities, the membership of the working group shall change and
consist of six representatives from the judicial branch of government
selected by the Administrative Director of the Courts, two
representatives of the counties selected by the California State
Association of Counties, two representatives of the county sheriffs
selected by the California State Sheriffs' Association, and two
representatives of labor selected by the California Coalition of Law
Enforcement Associations.
(2) The Judicial Council shall establish a working group on court
security to promulgate recommended uniform standards and guidelines
that may be used by the Judicial Council and any sheriff or marshal
for the implementation of trial court security services. The working
group shall consist of representatives from the judicial branch of
government, the California State Sheriffs' Association, the
California State Association of Counties, the Peace Officer's
Research Association of California, and the California Coalition of
Law Enforcement Associations, for the purpose of developing
guidelines. The Judicial Council, after requesting and receiving
recommendations from the working group on court security, shall
promulgate and implement rules, standards, and policy directions for
the trial courts in order to achieve efficiencies that will reduce
security operating costs and constrain growth in those costs.
(3) When mutually agreed to by the courts, county, and the sheriff
or marshal in any county, the costs of perimeter security in any
building that the court shares with any county agency, excluding the
sheriff's or marshal's department, shall be apportioned based on the
amount of the total noncommon square feet of space occupied by the
court and any county agency.
(4) "Allowable costs for equipment, services, and supplies," as
defined in the contract law enforcement template, means the purchase
and maintenance of security screening equipment and the costs of
ammunition, batons, bulletproof vests, handcuffs, holsters, leather
gear, chemical spray and holders, radios, radio chargers and holders,
uniforms, and one primary duty sidearm.
(5) "Allowable costs for professional support staff for court
security operations," as defined in the contract law enforcement
template, means the salary, benefits, and overtime of staff
performing support functions that, at a minimum, provide payroll,
human resources, information systems, accounting, or budgeting.
Allowable costs for professional support staff for court security
operations in each trial court shall not exceed 6 percent of total
allowable costs for law enforcement security personnel services in
courts with total allowable costs for law enforcement security
personnel services less than ten million dollars ($10,000,000) per
year. Allowable costs for professional support staff for court
security operations for each trial court shall not exceed 4 percent
of total allowable costs for law enforcement security personnel
services in courts with total allowable costs for law enforcement
security personnel services exceeding ten million dollars
($10,000,000) per year. Additional costs for services related to
court-mandated special project support, beyond those provided for in
the contract law enforcement template, are allowable only when
negotiated by the trial court and the court law enforcement provider.
Allowable costs shall not exceed actual costs of providing support
staff services for law enforcement security personnel services.
The working group established pursuant to paragraph (1) of
subdivision (a) may periodically recommend changes to the limit for
allowable costs for professional support staff for court security
operations based on surveys of actual expenditures incurred by trial
courts and the court law enforcement provider in the provision of law
enforcement security personnel services. Limits for allowable costs
as stated in this section shall remain in effect until changes are
recommended by the working group and adopted by the Judicial Council.
(6) "Allowable costs for security personnel services," as defined
in the contract law enforcement template, means the salary and
benefits of an employee, including, but not limited to, county health
and welfare, county incentive payments, deferred compensation plan
costs, FICA or Medicare, general liability premium costs, leave
balance payout commensurate with an employee's time in court security
services as a proportion of total service credit earned after
January 1, 1998, premium pay, retirement, state disability insurance,
unemployment insurance costs, workers' compensation paid to an
employee in lieu of salary, workers' compensation premiums of
supervisory security personnel through the rank of captain, line
personnel, inclusive of deputies, court attendants, contractual law
enforcement services, prisoner escorts within the courts, and weapons
screening personnel, court required training, and overtime and
related benefits of law enforcement supervisory and line personnel.
(A) The Administrative Office of the Courts shall use the average
salary and benefits costs approved for court law enforcement
personnel as of June 30 of each year in determining the funding
request that will be presented to the Department of Finance.
(B) Courts and court security providers shall manage their
resources to minimize the use of overtime.
(7) "Allowable costs for vehicle use for court security needs," as
defined in the contract law enforcement template, means the per-mile
recovery cost for vehicles used in rendering court law enforcement
services, exclusive of prisoner or detainee transport to or from
court. The standard mileage rate applied against the miles driven for
the above shall be the standard reimbursable mileage rate in effect
for judicial officers and employees at the time of contract
development.
(b) Nothing in this article may increase a county's obligation or
require any county to assume the responsibility for a cost of any
service that was defined as a court operation cost, as defined by
Function 8 of Rule 10.810 of the California Rules of Court, as it
read on January 1, 2007, or that meets the definition of any new law
enforcement component developed pursuant to this article.