(1) The California Constitution vests the judicial power of the state in the Supreme Court, courts of appeal, and superior courts, and establishes the Judicial Council to, among other things, adopt rules of court and perform functions prescribed by statute. Existing law establishes the State Court Facilities Construction Fund and the Immediate and Critical Needs Account within that fund.
This bill would abolish the Immediate and Critical Needs Account and make the State Court Facilities Construction Fund its successor fund, by, among other things, transferring all assets, revenues, and obligations of the Immediate and Critical Needs Account to the State Court Facilities Construction Fund. The bill would make conforming changes to the State Court Facilities Construction Fund, including reallocating and modifying fees that are deposited into the Immediate and Critical Needs Account to instead be deposited into the State Court Facilities Construction Fund.
(2) Existing law requires the Judicial Council to annually recommend to the Governor and the Legislature the amount proposed to be spent for projects that are paid with moneys in the State Court Facilities Construction Fund. Existing law requires 25 percent of all moneys collected for the State Court Facilities Construction Fund from any county to be designated for implementation of trial court projects in that county, except as otherwise provided.
This bill would repeal the requirement that 25 percent of all moneys collected for the State Court Facilities Construction Fund from any county be designated for implementation of trial court projects in that county.
(3) Existing law repealed the authority to collect various fees contingent upon criminal arrest, prosecution, or conviction for the cost of administering the criminal justice system, including administering probation and mandatory supervision, processing arrests and citations, and administering home detention programs, continuous electronic monitoring programs, work furlough programs, and work release programs. Existing law annually appropriates $65,000,000 from the General Fund to the Controller for allocation to counties to backfill revenues lost from the repeal of fees, as specified. Existing law states the intent of the Legislature to finalize the funding allocation methodology for distribution to counties, as specified.
This bill would, until July 1, 2026, require the Director of Finance to finalize a methodology to determine per-county allocations based on a county's adult population, felony and misdemeanor arrests, and felony and misdemeanor filings, as specified. The bill would authorize each county's board of supervisors to determine how the money will be spent. The bill would, no later than October 1, 2021, require the Director of Finance to provide the Assembly and Senate budget subcommittees on public safety, the Legislative Analyst's Office, and the Joint Legislative Budget Committee with the county allocation schedule. The bill would require, no later than May 1, 2022, each county's board of supervisors receiving relief to submit a report to the Director of Finance, the Legislative Analyst's Office, and the Joint Legislative Budget Committee, as specified. The bill would require, for the years in which funding is allocated pursuant to this bill's methodology, a county to submit a report documenting how the allocation was spent, as specified. By imposing new duties on counties, the bill would impose a state-mandated local program.
(4) The California Constitution establishes the Commission on Judicial Performance and authorizes the commission to disqualify, suspend, retire, or censure a judge for specified acts of misconduct or for disability that seriously interferes with the performance of the judge's duties or that is, or is likely to become, permanent. The California Constitution requires the commission to make rules for the investigation of judges and authorizes the commission to provide for the confidentiality of complaints to, and investigations by, the commission. Existing statutory law also governs procedures for the conduct of these investigations.
This bill would specifically require the commission to take all reasonable steps to determine the existence or extent of alleged judicial misconduct in order to protect the public, enforce rigorous standards of judicial conduct, and maintain public confidence in the integrity and independence of the judicial system. The bill would also make technical, nonsubstantive changes to use gender-neutral language.
The bill would also create in state government the Committee to Review the Operations and Structure of the Commission on Judicial Performance to study and make recommendations for changes in the operations and structure of the commission, as specified. The bill would set forth the membership of the committee and require the committee to hold at least 2 hearings to accept comments from the public about possible changes in the operations and structure of the commission. The bill would require the committee to complete its study and provide a written report about its findings and recommendations no later than March 30, 2023, to the Governor, the commission, and the California Supreme Court, among other entities, and to make the report public.
(5) Existing law establishes procedures for adjudicating traffic violations. Under existing law, the court may provide for the trial of any alleged infraction involving a violation of the Vehicle Code, or any local ordinance adopted pursuant to that code, and the court is required to provide that the defendant may elect to have a trial by written declaration upon any of these alleged infractions.
Existing law, until June 30, 2022, requires the Judicial Council to sponsor a pilot program to facilitate online adjudication of infraction violations of the Vehicle Code for which a personal appearance is not required, as specified. Existing law requires the Judicial Council to submit a report on the implementation of the pilot program to the Legislature on January 1, 2020, and January 1, 2021, and to submit an evaluation of the program to the Legislature no later than June 30, 2022.
This bill would repeal the pilot program to facilitate online adjudication of infraction violations of the Vehicle Code and would enact a similar program that would apply statewide to all infraction violations. The bill would require the Judicial Council to develop an online tool for adjudicating infraction violations, including ability-to-pay determinations, to implement the tool on a phased schedule, and to make this tool available statewide on or before June 30, 2024. The bill would prohibit a defendant from being compelled to use this online tool. The bill would authorize courts to allow defendants to agree to forfeit bail, plead guilty or nolo contendere, request an ability-to-pay determination, or otherwise adjudicate matters electronically for all infraction violations for which a personal appearance is not required, or, with the defendant's consent, the court may adjudicate all proceedings for infractions remotely. The bill would establish procedures for determining a defendant's ability to pay. The bill would authorize a comprehensive collection program, as defined, to recover up to $35 per nondelinquent installment payment plan ordered pursuant to this program. The bill would require every court to offer online ability-to-pay determinations using the online tool by June 30, 2024.
The bill would require, no later than February 1, 2022, and annually until February 1, 2025, the Judicial Council to provide to the Legislature a report including specified information from participating courts that have adopted online ability-to-pay determinations for infractions. The bill would also require, on or before January 10 of each year, the Department of Finance, in consultation with the Judicial Council, to estimate the level of funding needed for the judicial branch for purposes of these provisions, as specified. The bill would make only the trial courts that provide data in accordance with the method required by the Judicial Council eligible for any funding appropriated.
(6) Existing law requires the Judicial Council to annually report to the Legislature on the status of specific projects established by the State Public Works Board. The report includes an accounting of the revenues generated and expenditures made in the Immediate and Critical Needs Account.
This bill would repeal this annual reporting requirement.
(7) Existing law authorizes the Judicial Council to sell specific courthouses, including the Chico courthouse, at fair market value and upon the terms and conditions the Judicial Council deems in the best interests of the state.
This bill would remove courthouses in the cities of Chico, Corning, Firebaugh, and Corcoran from this authorization.
(8) Existing law designates the Judicial Council as the entity having full responsibility, jurisdiction, control, and authority over trial court facilities for which title is held by the state, including the acquisition and development of facilities. Existing law authorizes the Judicial Council to use a design-build procurement process in contracting and procuring a limited number of projects, as approved by the Department of Finance. Existing law authorizes the Judicial Council to base the procurement award on best value or best value for the lowest price for projects with an approved budget of $10,000,000 or more. Existing law requires the use of lowest responsible bid to award design-build contracts for projects with an approved budget of $250,000 to $10,000,000. Existing law requires a bidder participating in the process to provide written declarations, subject to misdemeanor penalties.
This bill would, instead, authorize the Judicial Council to use a design-build procurement process in contracting and procuring public works projects and would authorize the Judicial Council to award contracts using either the best value or low bid selection method for all projects. The bill would require a bidder participating in the modified process to provide specific written declarations. A person or entity who certifies in a declaration as true a material matter that the person or entity knows to be false would be guilty of a misdemeanor, and by creating a new crime, this bill would impose a state-mandated local program.
(9) This bill would appropriate $100,000 from the General Fund to the Judicial Council to address deferred maintenance projects, as specified.
(10) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
(11) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Statutes affected:
06/27/21 - Amended Senate: 6322.1 BPC, 68085.1 GOV, 68085.3 GOV, 68085.4 GOV, 68085.45 GOV, 68502.6 GOV, 68701.5 GOV, 68703 GOV, 68704 GOV, 68752 GOV, 68754 GOV, 68756 GOV, 70371 GOV, 70371.5 GOV, 70371.7 GOV, 70371.8 GOV, 70372 GOV, 70373 GOV, 70374 GOV, 70377 GOV, 70391 GOV, 70391.7 GOV, 70395 GOV, 70396 GOV, 70397 GOV, 70657.5 GOV, 70658 GOV, 1463.007 PEN, 40611 VEH, 42007.1 VEH
07/01/21 - Enrolled: 6322.1 BPC, 68085.1 GOV, 68085.3 GOV, 68085.4 GOV, 68085.45 GOV, 68502.6 GOV, 68701.5 GOV, 68703 GOV, 68704 GOV, 68752 GOV, 68754 GOV, 68756 GOV, 70371 GOV, 70371.5 GOV, 70371.7 GOV, 70371.8 GOV, 70372 GOV, 70373 GOV, 70374 GOV, 70377 GOV, 70391 GOV, 70391.7 GOV, 70395 GOV, 70396 GOV, 70397 GOV, 70657.5 GOV, 70658 GOV, 1463.007 PEN, 40611 VEH, 42007.1 VEH
07/16/21 - Chaptered: 6322.1 BPC, 68085.1 GOV, 68085.3 GOV, 68085.4 GOV, 68085.45 GOV, 68502.6 GOV, 68701.5 GOV, 68703 GOV, 68704 GOV, 68752 GOV, 68754 GOV, 68756 GOV, 70371 GOV, 70371.5 GOV, 70371.7 GOV, 70371.8 GOV, 70372 GOV, 70373 GOV, 70374 GOV, 70377 GOV, 70391 GOV, 70391.7 GOV, 70395 GOV, 70396 GOV, 70397 GOV, 70657.5 GOV, 70658 GOV, 1463.007 PEN, 40611 VEH, 42007.1 VEH