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| 1 | + | Amended IN Assembly March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2220Introduced by Assembly Member MuratsuchiFebruary 15, 2022 An act to amend Section 68651 of the Government Code, add and repeal Chapter 5.5 (commencing with Section 5475) to Part 1 of Division 5 of the Welfare and Institutions Code, relating to courts. courts, and making an appropriation therefor.LEGISLATIVE COUNSEL'S DIGESTAB 2220, as amended, Muratsuchi. Appointed legal counsel in civil cases. Homeless Courts Pilot Program.Existing law governs the jurisdiction of various criminal actions and criminal proceedings. Existing law also provides various diversion programs, including programs for defendants with cognitive disabilities and programs for defendants who were, or currently are, members of the United States military.This bill would create the Homeless Courts Pilot Program, which would remain in effect until January 1, 2027, to be administered by the Judicial Council for the purpose of providing comprehensive community-based services to achieve stabilization for, and address the specific legal needs of, chronically homeless individuals. The bill would require programs seeking grant funds to provide any number of specified services or program components, including, but not limited to, a diversion program enabling participating defendants to have infractions, misdemeanor, or felony charges dismissed upon completion of a program, and a dedicated county representative to assist defendants with housing needs. The bill would require an applicant for grant funding under the program to submit a plan for a new homeless court program or expansion of an existing homeless court program, and would require any funding awarded to an applicant to be used in accordance with that plan. The bill would also require the Judicial Council, on or before July 1, 2026, to submit a report to the Legislature describing the programs funded and the success of those programs. The bill would require the Judicial Council to establish performance-based outcome measures for each participating homeless court. The bill would appropriate an unspecified amount from the General Fund for the purpose of providing grants under this program.Existing law requires legal counsel to be appointed to represent low-income parties in civil matters involving critical issues affecting basic human needs in specified courts. Existing law requires the Judicial Council to develop one or more programs in selected courts to provide legal counsel to low-income persons who require legal services in civil matters involving housing-related matters, domestic violence and civil harassment restraining orders, probate conservatorships, guardianships of the person, elder abuse, or actions by a parent to obtain sole legal or physical custody of a child.This bill would make a technical, nonsubstantive change to these provisions.Digest Key Vote: MAJORITY2/3 Appropriation: NOYES Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 5.5 (commencing with Section 5475) is added to Part 1 of Division 5 of the Welfare and Institutions Code, to read: CHAPTER 5.5. Homeless Courts Pilot Program5475. The Homeless Courts Pilot Program is hereby established and shall be administered by the Judicial Council as a grant pilot program for eligible applicants to provide comprehensive community-based services to achieve stabilization for, and address the specific legal needs of, chronically homeless individuals. 5478. (a) The council shall award grants on a competitive basis to applicants that provide, or seek to provide, support and services to defendants charged with infractions, misdemeanors, or felonies who are experiencing homelessness.(b) The council shall develop guidelines to administer the grant program and award grants to programs that provide, or seek to provide, at a minimum, any of the following program components:(1) A diversion program enabling participating defendants to have their infraction, misdemeanor, or felony charges dismissed upon completion of the program.(2) Regular court appearances enabling participating defendants to work with and have access to all service providers in one location. The program and services shall be in a location that is readily accessible to individuals experiencing homelessness. (3) A county representative to assist a defendant with housing goals and processes, identifying mental health and substance abuse concerns, and answer any questions and facilitate any necessary conversations between a housing agency and the defendant to enable the defendant to be successfully housed.(4) Mental health services, including mental health evaluations by county behavioral health departments and referrals to full service partnership programs.(5) Substance abuse and alcohol detoxification and treatment referral services or a partnership with facilities that will admit low-income or Medi-Cal participants for treatment.(6) Criminal record clearing services through partnerships with a public defenders office, legal aid, or other city or county services for criminal history record clearing and infraction citation clearing.(7) Security services approved by the county sheriffs department.(8) Facilities with adequate internet capacity in order to permit remote appearances through the use of remote technology with any participating party that cannot attend in person.(9) Additional evidence-based components identified by the Judicial Council that are consistent with this section.(c) The council shall give preference to programs that provide, or plan to provide, the following services:(1) Weekly follow-up with mental health and substance abuse counseling services in between court dates.(2) Job training or placement services.(3) Court conditional releases from custody into residential narcotic and drug abuse programs, as defined in Section 11842 of the Health and Safety Code.(4) Participation of a licensed medical practitioner to prescribe and administer medication for program participants related to substance abuse recovery or mental health treatment.(d) An applicant for funding pursuant to this chapter shall submit an application designed by the Judicial Council. The application shall include a plan for the creation of a new homeless court or expansion of an existing homeless court program. The application shall clearly detail the initiative for which funding is sought, the associated staffing activities, programs, and services to be delivered, and how the grant program will cover those costs. Any funding awarded to an applicant shall be used in accordance with the approved plan.5480. (a) The Judicial Council shall establish performance-based outcome measures appropriate for each participating homeless court. Participating courts shall provide the required data, including individual offender level data, on a quarterly basis to the Judicial Council.(b) On or before July 1, 2026, the council shall compile a report describing the programs funded pursuant to this chapter and the success of those programs in addressing the needs of chronically homeless individuals. The report shall be submitted to the Legislature pursuant to Section 9795 of the Government Code.5483. The sum of _____ dollars ($____) is hereby appropriated from the General Fund to the Judicial Council for the purpose of administering the Homeless Courts Pilot Program pursuant to this chapter.5485. This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed.SECTION 1.Section 68651 of the Government Code is amended to read:68651.(a)Legal counsel shall be appointed to represent low-income parties in civil matters involving critical issues affecting basic human needs in those specified courts selected by the Judicial Council as provided in this section.(b)(1)Subject to funding specifically provided for this purpose pursuant to subdivision (e) of Section 70626 and donations provided pursuant to subdivision (e), the Judicial Council shall develop one or more programs in selected courts pursuant to a competitive grant process and a request for proposals. Programs authorized under this section shall provide representation of counsel for low-income persons who require legal services in civil matters involving housing-related matters, domestic violence and civil harassment restraining orders, probate conservatorships, guardianships of the person, elder abuse, or actions by a parent to obtain legal or physical custody of a child, as well as providing court procedures, personnel, training, and case management and administration methods that reflect best practices to ensure unrepresented parties in those cases have meaningful access to justice, and to gather information on the outcomes associated with providing these services, to guard against the involuntary waiver of those rights or their disposition by default. These programs should be designed to address the substantial inequities in timely and effective access to justice that often give rise to an undue risk of erroneous decision because of the nature and complexity of the law and the proceeding or disparities between the parties in education, sophistication, language proficiency, legal representation, access to self-help, and alternative dispute resolution services. In order to ensure that the scarce funds available for the programs are used to serve the most critical cases and the parties least able to access the courts without representation, eligibility for representation shall be limited to clients whose household income falls at or below 200 percent of the federal poverty level. Programs shall impose asset limitations consistent with their existing practices in order to ensure optimal use of funds.(2)(A)In light of the significant percentage of parties who are unrepresented in family law matters, proposals to provide counsel in child custody cases should be considered among the highest priorities for funding.(B)Up to 20 percent of available funds shall be directed to programs regarding civil matters involving actions under the Family Code, subject to the priority set forth in subparagraph (A). This subparagraph shall not apply to distributions made pursuant to paragraph (3).(3)Amounts collected pursuant to subdivision (e) of Section 70626 in excess of the total amount transferred to the Trial Court Trust Fund in the 201112 fiscal year pursuant to subparagraph (E) of paragraph (1) of subdivision (c) of Section 68085.1 and subdivision (e) of Section 70626 shall be distributed by the Judicial Council without regard to subparagraph (B) of paragraph (2). Those amounts may be distributed by the Judicial Council as set forth in this subdivision. If the funds are to be distributed to new programs, the Judicial Council shall distribute those amounts pursuant to the process set forth in this subdivision.(4)Each program shall be a partnership between the court, a qualified legal services project, as defined by subdivision (a) of Section 6213 of the Business and Professions Code, that shall serve as the lead agency for case assessment and direction, and other legal services providers in the community that are able to provide the services for the program. The lead legal services agency shall be the central point of contact for receipt of referrals to the program and to make determinations of eligibility based on uniform criteria. The lead legal services agency shall be responsible for providing representation to the clients or referring the matter to one of the organizations or individual providers with whom the lead legal services agency contracts to provide the service. Funds received by a qualified legal services project shall not qualify as expenditures for the purposes of the distribution of funds pursuant to Section 6216 of the Business and Professions Code. To the extent practical, the lead legal services agency shall identify and make use of pro bono services in order to maximize available services efficiently and economically. Recognizing that not all indigent parties can be afforded representation, even when they have meritorious cases, the court partner shall, as a corollary to the services provided by the lead legal services agency, be responsible for providing procedures, personnel, training, and case management and administration practices that reflect best practices to ensure unrepresented parties meaningful access to justice and to guard against the involuntary waiver of rights, as well as to encourage fair and expeditious voluntary dispute resolution, consistent with principles of judicial neutrality.(5)The participating programs shall be selected by a committee appointed by the Judicial Council with representation from key stakeholder groups, including judicial officers, legal services providers, and others, as appropriate. The committee shall assess the applicants capacity for success, innovation, and efficiency, including, but not limited to, the likelihood that the program would deliver quality representation in an effective manner that would meet critical needs in the community and address the needs of the court with regard to access to justice and calendar management, and the unique local unmet needs for representation in the community. Programs approved pursuant to this section shall initially be authorized for a three-year period, commencing July 1, 2011, subject to renewal for a period to be determined by the Judicial Council, in consultation with the participating program in light of the programs capacity and success. After the initial three-year period, the Judicial Council shall distribute any future funds available as the result of the termination or nonrenewal of a program pursuant to the process set forth in this subdivision. Programs shall be selected on the basis of whether, in the cases proposed for service, the persons to be assisted are likely to be opposed by a party who is represented by counsel. The Judicial Council shall also consider the following factors in selecting the programs:(A)The likelihood that representation in the proposed case type tends to affect whether a party prevails or otherwise obtains a significantly more favorable outcome in a matter in which they would otherwise frequently have judgment entered against them or suffer the deprivation of the basic human need at issue.(B)The likelihood of reducing the risk of erroneous decision.(C)The nature and severity of potential consequences for the unrepresented party regarding the basic human need at stake if representation is not provided.(D)Whether the provision of legal services may eliminate or reduce the potential need for, and cost of, public social services regarding the basic human need at stake for the client and others in the clients household.(E)The unmet need for legal services in the geographic area to be served.(F)The availability and effectiveness of other types of court services, such as self-help.(6)Each applicant shall do all of the following:(A)Identify the nature of the partnership between the court, the lead legal services agency, and the other agencies or other providers that would work within the program.(B)Describe the referral protocols to be used, the criteria that would be employed in case assessment, why those cases were selected, the manner to address conflicts without violating attorney-client privilege when adverse parties are seeking representation through the program, and the means for serving potential clients who need assistance with English.(C)Describe how the program would be administered, including how the data collection requirements would be met without causing an undue burden on the courts, clients, or the providers, the particular objectives of the project, strategies to evaluate their success in meeting those objectives, and the means by which the program would serve the particular needs of the community, such as by providing representation to limited-English-speaking clients.(7)To ensure the most effective use of the funding available, the lead legal services agency shall serve as a hub for all referrals, and the point at which decisions are made about which referrals will be served and by whom. Referrals shall emanate from the court, as well as from the other agencies providing services through the program, and shall be directed to the lead legal services agency for review. That agency, or another agency or attorney in the event of conflict, shall collect the information necessary to assess whether the case should be served. In performing that case assessment, the agency shall determine the relative need for representation of the litigant, including all of the following:(A)Case complexity.(B)Whether the other party is represented.(C)The adversarial nature of the proceeding.(D)The availability and effectiveness of other types of services, such as self-help, in light of the potential client and the nature of the case.(E)Language issues.(F)Disability access issues.(G)Literacy issues.(H)The merits of the case.(I)The nature and severity of potential consequences for the potential client if representation is not provided.(J)Whether the provision of legal services may eliminate or reduce the need for, and cost of, public social services for the potential client and others in the potential clients household.(8)If both parties to a dispute are financially eligible for representation, each proposal shall ensure that representation for both sides is evaluated. In these and other cases in which conflict issues arise, the lead legal services agency shall have referral protocols with other agencies and providers, such as a private attorney panel, to address those conflicts.(9)Each program shall be responsible for keeping records on the referrals accepted and those not accepted for representation, and the reasons for each, in a manner that does not violate privileged communications between the agency and the prospective client. Each program shall be provided with standardized data collection tools and shall be required to track case information for each referral to allow the evaluation to measure the number of cases served, the level of service required, and the outcomes for the clients in each case. In addition to this information on the effect of the representation on the clients, data shall be collected regarding the outcomes for the trial courts.(10)A local advisory committee shall be formed for each program, to include representatives of the bench and court administration, the lead legal services agency, and the other agencies or providers that are part of the local program team. The role of the advisory committee is to facilitate the administration of the local program and to ensure that the program is fulfilling its objectives. In addition, the committee shall resolve any issues that arise during the course of the program, including issues concerning case eligibility, and recommend changes in program administration in response to implementation challenges. The committee shall meet at least monthly for the first six months of the program, and no less than quarterly for the duration of the funding period. Each authorized program shall catalog changes to the program made during the three-year period based on its experiences with best practices in serving the eligible population.(c)The Judicial Council shall conduct a study to demonstrate the effectiveness and continued need for the programs established pursuant to this section and shall report its findings and recommendations to the Governor and the Legislature every five years, commencing June 1, 2020. The study shall report on the percentage of funding by case type and shall include data on the impact of counsel on equal access to justice and the effect on court administration and efficiency, and enhanced coordination between courts and other government service providers and community resources. This report shall describe the benefits of providing representation to those who were previously not represented, both for the clients and the courts, as well as strategies and recommendations for maximizing the benefit of that representation in the future. The report shall describe and include data, if available, on the impact of the programs on families and children. The report also shall include an assessment of the continuing unmet needs and, if available, data regarding those unmet needs.(d)This section does not negate, alter, or limit any right to counsel in a criminal or civil action or proceeding otherwise provided by state or federal law.(e)The Judicial Council may accept donations from public or private entities for the purpose of providing grants pursuant to this section. | |
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| 3 | + | Amended IN Assembly March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2220Introduced by Assembly Member MuratsuchiFebruary 15, 2022 An act to amend Section 68651 of the Government Code, add and repeal Chapter 5.5 (commencing with Section 5475) to Part 1 of Division 5 of the Welfare and Institutions Code, relating to courts. courts, and making an appropriation therefor.LEGISLATIVE COUNSEL'S DIGESTAB 2220, as amended, Muratsuchi. Appointed legal counsel in civil cases. Homeless Courts Pilot Program.Existing law governs the jurisdiction of various criminal actions and criminal proceedings. Existing law also provides various diversion programs, including programs for defendants with cognitive disabilities and programs for defendants who were, or currently are, members of the United States military.This bill would create the Homeless Courts Pilot Program, which would remain in effect until January 1, 2027, to be administered by the Judicial Council for the purpose of providing comprehensive community-based services to achieve stabilization for, and address the specific legal needs of, chronically homeless individuals. The bill would require programs seeking grant funds to provide any number of specified services or program components, including, but not limited to, a diversion program enabling participating defendants to have infractions, misdemeanor, or felony charges dismissed upon completion of a program, and a dedicated county representative to assist defendants with housing needs. The bill would require an applicant for grant funding under the program to submit a plan for a new homeless court program or expansion of an existing homeless court program, and would require any funding awarded to an applicant to be used in accordance with that plan. The bill would also require the Judicial Council, on or before July 1, 2026, to submit a report to the Legislature describing the programs funded and the success of those programs. The bill would require the Judicial Council to establish performance-based outcome measures for each participating homeless court. The bill would appropriate an unspecified amount from the General Fund for the purpose of providing grants under this program.Existing law requires legal counsel to be appointed to represent low-income parties in civil matters involving critical issues affecting basic human needs in specified courts. Existing law requires the Judicial Council to develop one or more programs in selected courts to provide legal counsel to low-income persons who require legal services in civil matters involving housing-related matters, domestic violence and civil harassment restraining orders, probate conservatorships, guardianships of the person, elder abuse, or actions by a parent to obtain sole legal or physical custody of a child.This bill would make a technical, nonsubstantive change to these provisions.Digest Key Vote: MAJORITY2/3 Appropriation: NOYES Fiscal Committee: NOYES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 24, 2022 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 18, 2022 | |
| 8 | 7 | Amended IN Assembly March 24, 2022 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 2220 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member MuratsuchiFebruary 15, 2022 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Member Muratsuchi | |
| 19 | 18 | February 15, 2022 | |
| 20 | 19 | ||
| 21 | - | An act to add and repeal Chapter 5.5 (commencing with Section 5475) to | |
| 20 | + | An act to amend Section 68651 of the Government Code, add and repeal Chapter 5.5 (commencing with Section 5475) to Part 1 of Division 5 of the Welfare and Institutions Code, relating to courts. courts, and making an appropriation therefor. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | AB 2220, as amended, Muratsuchi. Homeless Courts Pilot Program. | |
| 26 | + | AB 2220, as amended, Muratsuchi. Appointed legal counsel in civil cases. Homeless Courts Pilot Program. | |
| 28 | 27 | ||
| 29 | - | Existing law governs the jurisdiction of various criminal actions and criminal proceedings. Existing law also provides various diversion programs, including programs for defendants with cognitive disabilities and programs for defendants who were, or currently are, members of the United States military.This bill would create the Homeless Courts Pilot Program, which would remain in effect until January 1, 2027, to be administered by the Judicial Council for the purpose of providing comprehensive community-based services to achieve stabilization for, and address the specific legal needs of, chronically homeless individuals. | |
| 28 | + | Existing law governs the jurisdiction of various criminal actions and criminal proceedings. Existing law also provides various diversion programs, including programs for defendants with cognitive disabilities and programs for defendants who were, or currently are, members of the United States military.This bill would create the Homeless Courts Pilot Program, which would remain in effect until January 1, 2027, to be administered by the Judicial Council for the purpose of providing comprehensive community-based services to achieve stabilization for, and address the specific legal needs of, chronically homeless individuals. The bill would require programs seeking grant funds to provide any number of specified services or program components, including, but not limited to, a diversion program enabling participating defendants to have infractions, misdemeanor, or felony charges dismissed upon completion of a program, and a dedicated county representative to assist defendants with housing needs. The bill would require an applicant for grant funding under the program to submit a plan for a new homeless court program or expansion of an existing homeless court program, and would require any funding awarded to an applicant to be used in accordance with that plan. The bill would also require the Judicial Council, on or before July 1, 2026, to submit a report to the Legislature describing the programs funded and the success of those programs. The bill would require the Judicial Council to establish performance-based outcome measures for each participating homeless court. The bill would appropriate an unspecified amount from the General Fund for the purpose of providing grants under this program.Existing law requires legal counsel to be appointed to represent low-income parties in civil matters involving critical issues affecting basic human needs in specified courts. Existing law requires the Judicial Council to develop one or more programs in selected courts to provide legal counsel to low-income persons who require legal services in civil matters involving housing-related matters, domestic violence and civil harassment restraining orders, probate conservatorships, guardianships of the person, elder abuse, or actions by a parent to obtain sole legal or physical custody of a child.This bill would make a technical, nonsubstantive change to these provisions. | |
| 30 | 29 | ||
| 31 | 30 | Existing law governs the jurisdiction of various criminal actions and criminal proceedings. Existing law also provides various diversion programs, including programs for defendants with cognitive disabilities and programs for defendants who were, or currently are, members of the United States military. | |
| 32 | 31 | ||
| 33 | - | This bill would create the Homeless Courts Pilot Program, which would remain in effect until January 1, 2027, to be administered by the Judicial Council for the purpose of providing comprehensive community-based services to achieve stabilization for, and address the specific legal needs of, chronically homeless individuals. individuals who are involved with the criminal justice system. The bill would require programs seeking grant funds to provide any a number of specified services or program components, including, but not limited to, a diversion program enabling participating defendants to have infractions, misdemeanor, or felony charges dismissed upon completion of a program, provision of supportive housing, as defined, during the duration of the program, and a dedicated county representative to assist defendants with housing needs. The bill would require an applicant for grant funding under the program to submit a plan for a new homeless court program or expansion of an existing homeless court program, and would require any funding awarded to an applicant to be used in accordance with that plan. The bill would also require the Judicial Council, on or before July 1, 2026, to submit a report to the Legislature describing evaluating the programs funded and the success and challenges of those programs. programs, along with recommendations for improving the programs. The bill would require the Judicial Council to establish performance-based outcome measures for each participating homeless court. court, including, among other things, information relating to the demographics of program participants, housing placements for all participants, and successful substance use disorder treatment rates. The bill would appropriate an unspecified amount from the General Fund for the purpose of providing grants under administering this program. | |
| 32 | + | This bill would create the Homeless Courts Pilot Program, which would remain in effect until January 1, 2027, to be administered by the Judicial Council for the purpose of providing comprehensive community-based services to achieve stabilization for, and address the specific legal needs of, chronically homeless individuals. The bill would require programs seeking grant funds to provide any number of specified services or program components, including, but not limited to, a diversion program enabling participating defendants to have infractions, misdemeanor, or felony charges dismissed upon completion of a program, and a dedicated county representative to assist defendants with housing needs. The bill would require an applicant for grant funding under the program to submit a plan for a new homeless court program or expansion of an existing homeless court program, and would require any funding awarded to an applicant to be used in accordance with that plan. The bill would also require the Judicial Council, on or before July 1, 2026, to submit a report to the Legislature describing the programs funded and the success of those programs. The bill would require the Judicial Council to establish performance-based outcome measures for each participating homeless court. The bill would appropriate an unspecified amount from the General Fund for the purpose of providing grants under this program. | |
| 33 | + | ||
| 34 | + | Existing law requires legal counsel to be appointed to represent low-income parties in civil matters involving critical issues affecting basic human needs in specified courts. Existing law requires the Judicial Council to develop one or more programs in selected courts to provide legal counsel to low-income persons who require legal services in civil matters involving housing-related matters, domestic violence and civil harassment restraining orders, probate conservatorships, guardianships of the person, elder abuse, or actions by a parent to obtain sole legal or physical custody of a child. | |
| 35 | + | ||
| 36 | + | ||
| 37 | + | ||
| 38 | + | This bill would make a technical, nonsubstantive change to these provisions. | |
| 39 | + | ||
| 40 | + | ||
| 34 | 41 | ||
| 35 | 42 | ## Digest Key | |
| 36 | 43 | ||
| 37 | 44 | ## Bill Text | |
| 38 | 45 | ||
| 39 | - | The people of the State of California do enact as follows:SECTION 1. Chapter 5.5 (commencing with Section 5475) is added to Part 1 of Division 5 of the Welfare and Institutions Code, to read: CHAPTER 5.5. Homeless Courts Pilot Program5475. The Homeless Courts Pilot Program is hereby established and shall be administered by the Judicial Council as a grant pilot program for eligible applicants to provide comprehensive community-based services to achieve stabilization for, and address the specific legal needs of, chronically homeless individuals. | |
| 46 | + | The people of the State of California do enact as follows:SECTION 1. Chapter 5.5 (commencing with Section 5475) is added to Part 1 of Division 5 of the Welfare and Institutions Code, to read: CHAPTER 5.5. Homeless Courts Pilot Program5475. The Homeless Courts Pilot Program is hereby established and shall be administered by the Judicial Council as a grant pilot program for eligible applicants to provide comprehensive community-based services to achieve stabilization for, and address the specific legal needs of, chronically homeless individuals. 5478. (a) The council shall award grants on a competitive basis to applicants that provide, or seek to provide, support and services to defendants charged with infractions, misdemeanors, or felonies who are experiencing homelessness.(b) The council shall develop guidelines to administer the grant program and award grants to programs that provide, or seek to provide, at a minimum, any of the following program components:(1) A diversion program enabling participating defendants to have their infraction, misdemeanor, or felony charges dismissed upon completion of the program.(2) Regular court appearances enabling participating defendants to work with and have access to all service providers in one location. The program and services shall be in a location that is readily accessible to individuals experiencing homelessness. (3) A county representative to assist a defendant with housing goals and processes, identifying mental health and substance abuse concerns, and answer any questions and facilitate any necessary conversations between a housing agency and the defendant to enable the defendant to be successfully housed.(4) Mental health services, including mental health evaluations by county behavioral health departments and referrals to full service partnership programs.(5) Substance abuse and alcohol detoxification and treatment referral services or a partnership with facilities that will admit low-income or Medi-Cal participants for treatment.(6) Criminal record clearing services through partnerships with a public defenders office, legal aid, or other city or county services for criminal history record clearing and infraction citation clearing.(7) Security services approved by the county sheriffs department.(8) Facilities with adequate internet capacity in order to permit remote appearances through the use of remote technology with any participating party that cannot attend in person.(9) Additional evidence-based components identified by the Judicial Council that are consistent with this section.(c) The council shall give preference to programs that provide, or plan to provide, the following services:(1) Weekly follow-up with mental health and substance abuse counseling services in between court dates.(2) Job training or placement services.(3) Court conditional releases from custody into residential narcotic and drug abuse programs, as defined in Section 11842 of the Health and Safety Code.(4) Participation of a licensed medical practitioner to prescribe and administer medication for program participants related to substance abuse recovery or mental health treatment.(d) An applicant for funding pursuant to this chapter shall submit an application designed by the Judicial Council. The application shall include a plan for the creation of a new homeless court or expansion of an existing homeless court program. The application shall clearly detail the initiative for which funding is sought, the associated staffing activities, programs, and services to be delivered, and how the grant program will cover those costs. Any funding awarded to an applicant shall be used in accordance with the approved plan.5480. (a) The Judicial Council shall establish performance-based outcome measures appropriate for each participating homeless court. Participating courts shall provide the required data, including individual offender level data, on a quarterly basis to the Judicial Council.(b) On or before July 1, 2026, the council shall compile a report describing the programs funded pursuant to this chapter and the success of those programs in addressing the needs of chronically homeless individuals. The report shall be submitted to the Legislature pursuant to Section 9795 of the Government Code.5483. The sum of _____ dollars ($____) is hereby appropriated from the General Fund to the Judicial Council for the purpose of administering the Homeless Courts Pilot Program pursuant to this chapter.5485. This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed.SECTION 1.Section 68651 of the Government Code is amended to read:68651.(a)Legal counsel shall be appointed to represent low-income parties in civil matters involving critical issues affecting basic human needs in those specified courts selected by the Judicial Council as provided in this section.(b)(1)Subject to funding specifically provided for this purpose pursuant to subdivision (e) of Section 70626 and donations provided pursuant to subdivision (e), the Judicial Council shall develop one or more programs in selected courts pursuant to a competitive grant process and a request for proposals. Programs authorized under this section shall provide representation of counsel for low-income persons who require legal services in civil matters involving housing-related matters, domestic violence and civil harassment restraining orders, probate conservatorships, guardianships of the person, elder abuse, or actions by a parent to obtain legal or physical custody of a child, as well as providing court procedures, personnel, training, and case management and administration methods that reflect best practices to ensure unrepresented parties in those cases have meaningful access to justice, and to gather information on the outcomes associated with providing these services, to guard against the involuntary waiver of those rights or their disposition by default. These programs should be designed to address the substantial inequities in timely and effective access to justice that often give rise to an undue risk of erroneous decision because of the nature and complexity of the law and the proceeding or disparities between the parties in education, sophistication, language proficiency, legal representation, access to self-help, and alternative dispute resolution services. In order to ensure that the scarce funds available for the programs are used to serve the most critical cases and the parties least able to access the courts without representation, eligibility for representation shall be limited to clients whose household income falls at or below 200 percent of the federal poverty level. Programs shall impose asset limitations consistent with their existing practices in order to ensure optimal use of funds.(2)(A)In light of the significant percentage of parties who are unrepresented in family law matters, proposals to provide counsel in child custody cases should be considered among the highest priorities for funding.(B)Up to 20 percent of available funds shall be directed to programs regarding civil matters involving actions under the Family Code, subject to the priority set forth in subparagraph (A). This subparagraph shall not apply to distributions made pursuant to paragraph (3).(3)Amounts collected pursuant to subdivision (e) of Section 70626 in excess of the total amount transferred to the Trial Court Trust Fund in the 201112 fiscal year pursuant to subparagraph (E) of paragraph (1) of subdivision (c) of Section 68085.1 and subdivision (e) of Section 70626 shall be distributed by the Judicial Council without regard to subparagraph (B) of paragraph (2). Those amounts may be distributed by the Judicial Council as set forth in this subdivision. If the funds are to be distributed to new programs, the Judicial Council shall distribute those amounts pursuant to the process set forth in this subdivision.(4)Each program shall be a partnership between the court, a qualified legal services project, as defined by subdivision (a) of Section 6213 of the Business and Professions Code, that shall serve as the lead agency for case assessment and direction, and other legal services providers in the community that are able to provide the services for the program. The lead legal services agency shall be the central point of contact for receipt of referrals to the program and to make determinations of eligibility based on uniform criteria. The lead legal services agency shall be responsible for providing representation to the clients or referring the matter to one of the organizations or individual providers with whom the lead legal services agency contracts to provide the service. Funds received by a qualified legal services project shall not qualify as expenditures for the purposes of the distribution of funds pursuant to Section 6216 of the Business and Professions Code. To the extent practical, the lead legal services agency shall identify and make use of pro bono services in order to maximize available services efficiently and economically. Recognizing that not all indigent parties can be afforded representation, even when they have meritorious cases, the court partner shall, as a corollary to the services provided by the lead legal services agency, be responsible for providing procedures, personnel, training, and case management and administration practices that reflect best practices to ensure unrepresented parties meaningful access to justice and to guard against the involuntary waiver of rights, as well as to encourage fair and expeditious voluntary dispute resolution, consistent with principles of judicial neutrality.(5)The participating programs shall be selected by a committee appointed by the Judicial Council with representation from key stakeholder groups, including judicial officers, legal services providers, and others, as appropriate. The committee shall assess the applicants capacity for success, innovation, and efficiency, including, but not limited to, the likelihood that the program would deliver quality representation in an effective manner that would meet critical needs in the community and address the needs of the court with regard to access to justice and calendar management, and the unique local unmet needs for representation in the community. Programs approved pursuant to this section shall initially be authorized for a three-year period, commencing July 1, 2011, subject to renewal for a period to be determined by the Judicial Council, in consultation with the participating program in light of the programs capacity and success. After the initial three-year period, the Judicial Council shall distribute any future funds available as the result of the termination or nonrenewal of a program pursuant to the process set forth in this subdivision. Programs shall be selected on the basis of whether, in the cases proposed for service, the persons to be assisted are likely to be opposed by a party who is represented by counsel. The Judicial Council shall also consider the following factors in selecting the programs:(A)The likelihood that representation in the proposed case type tends to affect whether a party prevails or otherwise obtains a significantly more favorable outcome in a matter in which they would otherwise frequently have judgment entered against them or suffer the deprivation of the basic human need at issue.(B)The likelihood of reducing the risk of erroneous decision.(C)The nature and severity of potential consequences for the unrepresented party regarding the basic human need at stake if representation is not provided.(D)Whether the provision of legal services may eliminate or reduce the potential need for, and cost of, public social services regarding the basic human need at stake for the client and others in the clients household.(E)The unmet need for legal services in the geographic area to be served.(F)The availability and effectiveness of other types of court services, such as self-help.(6)Each applicant shall do all of the following:(A)Identify the nature of the partnership between the court, the lead legal services agency, and the other agencies or other providers that would work within the program.(B)Describe the referral protocols to be used, the criteria that would be employed in case assessment, why those cases were selected, the manner to address conflicts without violating attorney-client privilege when adverse parties are seeking representation through the program, and the means for serving potential clients who need assistance with English.(C)Describe how the program would be administered, including how the data collection requirements would be met without causing an undue burden on the courts, clients, or the providers, the particular objectives of the project, strategies to evaluate their success in meeting those objectives, and the means by which the program would serve the particular needs of the community, such as by providing representation to limited-English-speaking clients.(7)To ensure the most effective use of the funding available, the lead legal services agency shall serve as a hub for all referrals, and the point at which decisions are made about which referrals will be served and by whom. Referrals shall emanate from the court, as well as from the other agencies providing services through the program, and shall be directed to the lead legal services agency for review. That agency, or another agency or attorney in the event of conflict, shall collect the information necessary to assess whether the case should be served. In performing that case assessment, the agency shall determine the relative need for representation of the litigant, including all of the following:(A)Case complexity.(B)Whether the other party is represented.(C)The adversarial nature of the proceeding.(D)The availability and effectiveness of other types of services, such as self-help, in light of the potential client and the nature of the case.(E)Language issues.(F)Disability access issues.(G)Literacy issues.(H)The merits of the case.(I)The nature and severity of potential consequences for the potential client if representation is not provided.(J)Whether the provision of legal services may eliminate or reduce the need for, and cost of, public social services for the potential client and others in the potential clients household.(8)If both parties to a dispute are financially eligible for representation, each proposal shall ensure that representation for both sides is evaluated. In these and other cases in which conflict issues arise, the lead legal services agency shall have referral protocols with other agencies and providers, such as a private attorney panel, to address those conflicts.(9)Each program shall be responsible for keeping records on the referrals accepted and those not accepted for representation, and the reasons for each, in a manner that does not violate privileged communications between the agency and the prospective client. Each program shall be provided with standardized data collection tools and shall be required to track case information for each referral to allow the evaluation to measure the number of cases served, the level of service required, and the outcomes for the clients in each case. In addition to this information on the effect of the representation on the clients, data shall be collected regarding the outcomes for the trial courts.(10)A local advisory committee shall be formed for each program, to include representatives of the bench and court administration, the lead legal services agency, and the other agencies or providers that are part of the local program team. The role of the advisory committee is to facilitate the administration of the local program and to ensure that the program is fulfilling its objectives. In addition, the committee shall resolve any issues that arise during the course of the program, including issues concerning case eligibility, and recommend changes in program administration in response to implementation challenges. The committee shall meet at least monthly for the first six months of the program, and no less than quarterly for the duration of the funding period. Each authorized program shall catalog changes to the program made during the three-year period based on its experiences with best practices in serving the eligible population.(c)The Judicial Council shall conduct a study to demonstrate the effectiveness and continued need for the programs established pursuant to this section and shall report its findings and recommendations to the Governor and the Legislature every five years, commencing June 1, 2020. The study shall report on the percentage of funding by case type and shall include data on the impact of counsel on equal access to justice and the effect on court administration and efficiency, and enhanced coordination between courts and other government service providers and community resources. This report shall describe the benefits of providing representation to those who were previously not represented, both for the clients and the courts, as well as strategies and recommendations for maximizing the benefit of that representation in the future. The report shall describe and include data, if available, on the impact of the programs on families and children. The report also shall include an assessment of the continuing unmet needs and, if available, data regarding those unmet needs.(d)This section does not negate, alter, or limit any right to counsel in a criminal or civil action or proceeding otherwise provided by state or federal law.(e)The Judicial Council may accept donations from public or private entities for the purpose of providing grants pursuant to this section. | |
| 40 | 47 | ||
| 41 | 48 | The people of the State of California do enact as follows: | |
| 42 | 49 | ||
| 43 | 50 | ## The people of the State of California do enact as follows: | |
| 44 | 51 | ||
| 45 | - | SECTION 1. Chapter 5.5 (commencing with Section 5475) is added to Part 1 of Division 5 of the Welfare and Institutions Code, to read: CHAPTER 5.5. Homeless Courts Pilot Program5475. The Homeless Courts Pilot Program is hereby established and shall be administered by the Judicial Council as a grant pilot program for eligible applicants to provide comprehensive community-based services to achieve stabilization for, and address the specific legal needs of, chronically homeless individuals. | |
| 52 | + | SECTION 1. Chapter 5.5 (commencing with Section 5475) is added to Part 1 of Division 5 of the Welfare and Institutions Code, to read: CHAPTER 5.5. Homeless Courts Pilot Program5475. The Homeless Courts Pilot Program is hereby established and shall be administered by the Judicial Council as a grant pilot program for eligible applicants to provide comprehensive community-based services to achieve stabilization for, and address the specific legal needs of, chronically homeless individuals. 5478. (a) The council shall award grants on a competitive basis to applicants that provide, or seek to provide, support and services to defendants charged with infractions, misdemeanors, or felonies who are experiencing homelessness.(b) The council shall develop guidelines to administer the grant program and award grants to programs that provide, or seek to provide, at a minimum, any of the following program components:(1) A diversion program enabling participating defendants to have their infraction, misdemeanor, or felony charges dismissed upon completion of the program.(2) Regular court appearances enabling participating defendants to work with and have access to all service providers in one location. The program and services shall be in a location that is readily accessible to individuals experiencing homelessness. (3) A county representative to assist a defendant with housing goals and processes, identifying mental health and substance abuse concerns, and answer any questions and facilitate any necessary conversations between a housing agency and the defendant to enable the defendant to be successfully housed.(4) Mental health services, including mental health evaluations by county behavioral health departments and referrals to full service partnership programs.(5) Substance abuse and alcohol detoxification and treatment referral services or a partnership with facilities that will admit low-income or Medi-Cal participants for treatment.(6) Criminal record clearing services through partnerships with a public defenders office, legal aid, or other city or county services for criminal history record clearing and infraction citation clearing.(7) Security services approved by the county sheriffs department.(8) Facilities with adequate internet capacity in order to permit remote appearances through the use of remote technology with any participating party that cannot attend in person.(9) Additional evidence-based components identified by the Judicial Council that are consistent with this section.(c) The council shall give preference to programs that provide, or plan to provide, the following services:(1) Weekly follow-up with mental health and substance abuse counseling services in between court dates.(2) Job training or placement services.(3) Court conditional releases from custody into residential narcotic and drug abuse programs, as defined in Section 11842 of the Health and Safety Code.(4) Participation of a licensed medical practitioner to prescribe and administer medication for program participants related to substance abuse recovery or mental health treatment.(d) An applicant for funding pursuant to this chapter shall submit an application designed by the Judicial Council. The application shall include a plan for the creation of a new homeless court or expansion of an existing homeless court program. The application shall clearly detail the initiative for which funding is sought, the associated staffing activities, programs, and services to be delivered, and how the grant program will cover those costs. Any funding awarded to an applicant shall be used in accordance with the approved plan.5480. (a) The Judicial Council shall establish performance-based outcome measures appropriate for each participating homeless court. Participating courts shall provide the required data, including individual offender level data, on a quarterly basis to the Judicial Council.(b) On or before July 1, 2026, the council shall compile a report describing the programs funded pursuant to this chapter and the success of those programs in addressing the needs of chronically homeless individuals. The report shall be submitted to the Legislature pursuant to Section 9795 of the Government Code.5483. The sum of _____ dollars ($____) is hereby appropriated from the General Fund to the Judicial Council for the purpose of administering the Homeless Courts Pilot Program pursuant to this chapter.5485. This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed. | |
| 46 | 53 | ||
| 47 | 54 | SECTION 1. Chapter 5.5 (commencing with Section 5475) is added to Part 1 of Division 5 of the Welfare and Institutions Code, to read: | |
| 48 | 55 | ||
| 49 | 56 | ### SECTION 1. | |
| 50 | 57 | ||
| 51 | - | CHAPTER 5.5. Homeless Courts Pilot Program5475. The Homeless Courts Pilot Program is hereby established and shall be administered by the Judicial Council as a grant pilot program for eligible applicants to provide comprehensive community-based services to achieve stabilization for, and address the specific legal needs of, chronically homeless individuals. | |
| 58 | + | CHAPTER 5.5. Homeless Courts Pilot Program5475. The Homeless Courts Pilot Program is hereby established and shall be administered by the Judicial Council as a grant pilot program for eligible applicants to provide comprehensive community-based services to achieve stabilization for, and address the specific legal needs of, chronically homeless individuals. 5478. (a) The council shall award grants on a competitive basis to applicants that provide, or seek to provide, support and services to defendants charged with infractions, misdemeanors, or felonies who are experiencing homelessness.(b) The council shall develop guidelines to administer the grant program and award grants to programs that provide, or seek to provide, at a minimum, any of the following program components:(1) A diversion program enabling participating defendants to have their infraction, misdemeanor, or felony charges dismissed upon completion of the program.(2) Regular court appearances enabling participating defendants to work with and have access to all service providers in one location. The program and services shall be in a location that is readily accessible to individuals experiencing homelessness. (3) A county representative to assist a defendant with housing goals and processes, identifying mental health and substance abuse concerns, and answer any questions and facilitate any necessary conversations between a housing agency and the defendant to enable the defendant to be successfully housed.(4) Mental health services, including mental health evaluations by county behavioral health departments and referrals to full service partnership programs.(5) Substance abuse and alcohol detoxification and treatment referral services or a partnership with facilities that will admit low-income or Medi-Cal participants for treatment.(6) Criminal record clearing services through partnerships with a public defenders office, legal aid, or other city or county services for criminal history record clearing and infraction citation clearing.(7) Security services approved by the county sheriffs department.(8) Facilities with adequate internet capacity in order to permit remote appearances through the use of remote technology with any participating party that cannot attend in person.(9) Additional evidence-based components identified by the Judicial Council that are consistent with this section.(c) The council shall give preference to programs that provide, or plan to provide, the following services:(1) Weekly follow-up with mental health and substance abuse counseling services in between court dates.(2) Job training or placement services.(3) Court conditional releases from custody into residential narcotic and drug abuse programs, as defined in Section 11842 of the Health and Safety Code.(4) Participation of a licensed medical practitioner to prescribe and administer medication for program participants related to substance abuse recovery or mental health treatment.(d) An applicant for funding pursuant to this chapter shall submit an application designed by the Judicial Council. The application shall include a plan for the creation of a new homeless court or expansion of an existing homeless court program. The application shall clearly detail the initiative for which funding is sought, the associated staffing activities, programs, and services to be delivered, and how the grant program will cover those costs. Any funding awarded to an applicant shall be used in accordance with the approved plan.5480. (a) The Judicial Council shall establish performance-based outcome measures appropriate for each participating homeless court. Participating courts shall provide the required data, including individual offender level data, on a quarterly basis to the Judicial Council.(b) On or before July 1, 2026, the council shall compile a report describing the programs funded pursuant to this chapter and the success of those programs in addressing the needs of chronically homeless individuals. The report shall be submitted to the Legislature pursuant to Section 9795 of the Government Code.5483. The sum of _____ dollars ($____) is hereby appropriated from the General Fund to the Judicial Council for the purpose of administering the Homeless Courts Pilot Program pursuant to this chapter.5485. This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed. | |
| 52 | 59 | ||
| 53 | - | CHAPTER 5.5. Homeless Courts Pilot Program5475. The Homeless Courts Pilot Program is hereby established and shall be administered by the Judicial Council as a grant pilot program for eligible applicants to provide comprehensive community-based services to achieve stabilization for, and address the specific legal needs of, chronically homeless individuals. | |
| 60 | + | CHAPTER 5.5. Homeless Courts Pilot Program5475. The Homeless Courts Pilot Program is hereby established and shall be administered by the Judicial Council as a grant pilot program for eligible applicants to provide comprehensive community-based services to achieve stabilization for, and address the specific legal needs of, chronically homeless individuals. 5478. (a) The council shall award grants on a competitive basis to applicants that provide, or seek to provide, support and services to defendants charged with infractions, misdemeanors, or felonies who are experiencing homelessness.(b) The council shall develop guidelines to administer the grant program and award grants to programs that provide, or seek to provide, at a minimum, any of the following program components:(1) A diversion program enabling participating defendants to have their infraction, misdemeanor, or felony charges dismissed upon completion of the program.(2) Regular court appearances enabling participating defendants to work with and have access to all service providers in one location. The program and services shall be in a location that is readily accessible to individuals experiencing homelessness. (3) A county representative to assist a defendant with housing goals and processes, identifying mental health and substance abuse concerns, and answer any questions and facilitate any necessary conversations between a housing agency and the defendant to enable the defendant to be successfully housed.(4) Mental health services, including mental health evaluations by county behavioral health departments and referrals to full service partnership programs.(5) Substance abuse and alcohol detoxification and treatment referral services or a partnership with facilities that will admit low-income or Medi-Cal participants for treatment.(6) Criminal record clearing services through partnerships with a public defenders office, legal aid, or other city or county services for criminal history record clearing and infraction citation clearing.(7) Security services approved by the county sheriffs department.(8) Facilities with adequate internet capacity in order to permit remote appearances through the use of remote technology with any participating party that cannot attend in person.(9) Additional evidence-based components identified by the Judicial Council that are consistent with this section.(c) The council shall give preference to programs that provide, or plan to provide, the following services:(1) Weekly follow-up with mental health and substance abuse counseling services in between court dates.(2) Job training or placement services.(3) Court conditional releases from custody into residential narcotic and drug abuse programs, as defined in Section 11842 of the Health and Safety Code.(4) Participation of a licensed medical practitioner to prescribe and administer medication for program participants related to substance abuse recovery or mental health treatment.(d) An applicant for funding pursuant to this chapter shall submit an application designed by the Judicial Council. The application shall include a plan for the creation of a new homeless court or expansion of an existing homeless court program. The application shall clearly detail the initiative for which funding is sought, the associated staffing activities, programs, and services to be delivered, and how the grant program will cover those costs. Any funding awarded to an applicant shall be used in accordance with the approved plan.5480. (a) The Judicial Council shall establish performance-based outcome measures appropriate for each participating homeless court. Participating courts shall provide the required data, including individual offender level data, on a quarterly basis to the Judicial Council.(b) On or before July 1, 2026, the council shall compile a report describing the programs funded pursuant to this chapter and the success of those programs in addressing the needs of chronically homeless individuals. The report shall be submitted to the Legislature pursuant to Section 9795 of the Government Code.5483. The sum of _____ dollars ($____) is hereby appropriated from the General Fund to the Judicial Council for the purpose of administering the Homeless Courts Pilot Program pursuant to this chapter.5485. This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed. | |
| 54 | 61 | ||
| 55 | 62 | CHAPTER 5.5. Homeless Courts Pilot Program | |
| 56 | 63 | ||
| 57 | 64 | CHAPTER 5.5. Homeless Courts Pilot Program | |
| 58 | 65 | ||
| 59 | - | 5475. The Homeless Courts Pilot Program is hereby established and shall be administered by the Judicial Council as a grant pilot program for eligible applicants to provide comprehensive community-based services to achieve stabilization for, and address the specific legal needs of, chronically homeless individuals. | |
| 66 | + | 5475. The Homeless Courts Pilot Program is hereby established and shall be administered by the Judicial Council as a grant pilot program for eligible applicants to provide comprehensive community-based services to achieve stabilization for, and address the specific legal needs of, chronically homeless individuals. | |
| 60 | 67 | ||
| 61 | 68 | ||
| 62 | 69 | ||
| 63 | - | 5475. The Homeless Courts Pilot Program is hereby established and shall be administered by the Judicial Council as a grant pilot program for eligible applicants to provide comprehensive community-based services to achieve stabilization for, and address the specific legal needs of, chronically homeless individuals. | |
| 70 | + | 5475. The Homeless Courts Pilot Program is hereby established and shall be administered by the Judicial Council as a grant pilot program for eligible applicants to provide comprehensive community-based services to achieve stabilization for, and address the specific legal needs of, chronically homeless individuals. | |
| 64 | 71 | ||
| 65 | - | 5478. (a) The council shall award grants on a competitive basis to applicants that provide, or seek to provide, | |
| 72 | + | 5478. (a) The council shall award grants on a competitive basis to applicants that provide, or seek to provide, support and services to defendants charged with infractions, misdemeanors, or felonies who are experiencing homelessness.(b) The council shall develop guidelines to administer the grant program and award grants to programs that provide, or seek to provide, at a minimum, any of the following program components:(1) A diversion program enabling participating defendants to have their infraction, misdemeanor, or felony charges dismissed upon completion of the program.(2) Regular court appearances enabling participating defendants to work with and have access to all service providers in one location. The program and services shall be in a location that is readily accessible to individuals experiencing homelessness. (3) A county representative to assist a defendant with housing goals and processes, identifying mental health and substance abuse concerns, and answer any questions and facilitate any necessary conversations between a housing agency and the defendant to enable the defendant to be successfully housed.(4) Mental health services, including mental health evaluations by county behavioral health departments and referrals to full service partnership programs.(5) Substance abuse and alcohol detoxification and treatment referral services or a partnership with facilities that will admit low-income or Medi-Cal participants for treatment.(6) Criminal record clearing services through partnerships with a public defenders office, legal aid, or other city or county services for criminal history record clearing and infraction citation clearing.(7) Security services approved by the county sheriffs department.(8) Facilities with adequate internet capacity in order to permit remote appearances through the use of remote technology with any participating party that cannot attend in person.(9) Additional evidence-based components identified by the Judicial Council that are consistent with this section.(c) The council shall give preference to programs that provide, or plan to provide, the following services:(1) Weekly follow-up with mental health and substance abuse counseling services in between court dates.(2) Job training or placement services.(3) Court conditional releases from custody into residential narcotic and drug abuse programs, as defined in Section 11842 of the Health and Safety Code.(4) Participation of a licensed medical practitioner to prescribe and administer medication for program participants related to substance abuse recovery or mental health treatment.(d) An applicant for funding pursuant to this chapter shall submit an application designed by the Judicial Council. The application shall include a plan for the creation of a new homeless court or expansion of an existing homeless court program. The application shall clearly detail the initiative for which funding is sought, the associated staffing activities, programs, and services to be delivered, and how the grant program will cover those costs. Any funding awarded to an applicant shall be used in accordance with the approved plan. | |
| 66 | 73 | ||
| 67 | 74 | ||
| 68 | 75 | ||
| 69 | - | 5478. (a) The council shall award grants on a competitive basis to applicants that provide, or seek to provide, | |
| 76 | + | 5478. (a) The council shall award grants on a competitive basis to applicants that provide, or seek to provide, support and services to defendants charged with infractions, misdemeanors, or felonies who are experiencing homelessness. | |
| 70 | 77 | ||
| 71 | - | (b) The council shall develop guidelines to administer the grant program and award grants to programs that provide, or seek to | |
| 78 | + | (b) The council shall develop guidelines to administer the grant program and award grants to programs that provide, or seek to provide, at a minimum, any of the following program components: | |
| 72 | 79 | ||
| 73 | 80 | (1) A diversion program enabling participating defendants to have their infraction, misdemeanor, or felony charges dismissed upon completion of the program. | |
| 74 | 81 | ||
| 75 | - | (2) | |
| 82 | + | (2) Regular court appearances enabling participating defendants to work with and have access to all service providers in one location. The program and services shall be in a location that is readily accessible to individuals experiencing homelessness. | |
| 76 | 83 | ||
| 77 | - | ( | |
| 84 | + | (3) A county representative to assist a defendant with housing goals and processes, identifying mental health and substance abuse concerns, and answer any questions and facilitate any necessary conversations between a housing agency and the defendant to enable the defendant to be successfully housed. | |
| 78 | 85 | ||
| 86 | + | (4) Mental health services, including mental health evaluations by county behavioral health departments and referrals to full service partnership programs. | |
| 79 | 87 | ||
| 88 | + | (5) Substance abuse and alcohol detoxification and treatment referral services or a partnership with facilities that will admit low-income or Medi-Cal participants for treatment. | |
| 80 | 89 | ||
| 81 | - | (3) Regular court appearances enabling participating defendants to work with and have access to all service providers in one location. The program and services shall be in a location that is readily accessible to individuals experiencing homelessness. participating defendants. | |
| 82 | - | ||
| 83 | - | (4) Provision of supportive housing, as defined in Section 50675.14 of the Health and Safety Code, to the participating defendant during the entire program. | |
| 84 | - | ||
| 85 | - | (3) | |
| 86 | - | ||
| 87 | - | ||
| 88 | - | ||
| 89 | - | (5) A county representative to assist a defendant with long-term housing goals and processes, identifying long-term mental health and substance abuse concerns, and answer any questions and facilitate any necessary conversations between a housing agency and the defendant to enable the defendant to be successfully housed. housed after participation in the program. | |
| 90 | - | ||
| 91 | - | (4) | |
| 92 | - | ||
| 93 | - | ||
| 94 | - | ||
| 95 | - | (6) Mental health services, including mental health evaluations by county behavioral health departments and referrals to full service partnership programs. programs, as needed. | |
| 96 | - | ||
| 97 | - | (5) | |
| 98 | - | ||
| 99 | - | ||
| 100 | - | ||
| 101 | - | (7) Substance abuse and alcohol detoxification and treatment referral services or a partnership with facilities that will admit low-income or Medi-Cal participants for treatment. treatment, as needed. | |
| 102 | - | ||
| 103 | - | (6) | |
| 104 | - | ||
| 105 | - | ||
| 106 | - | ||
| 107 | - | (8) Criminal record clearing services through partnerships with a public defenders office, legal aid, or other city or county services for criminal history record clearing and infraction citation clearing. | |
| 90 | + | (6) Criminal record clearing services through partnerships with a public defenders office, legal aid, or other city or county services for criminal history record clearing and infraction citation clearing. | |
| 108 | 91 | ||
| 109 | 92 | (7) Security services approved by the county sheriffs department. | |
| 110 | 93 | ||
| 111 | - | ||
| 112 | - | ||
| 113 | 94 | (8) Facilities with adequate internet capacity in order to permit remote appearances through the use of remote technology with any participating party that cannot attend in person. | |
| 114 | - | ||
| 115 | - | ||
| 116 | 95 | ||
| 117 | 96 | (9) Additional evidence-based components identified by the Judicial Council that are consistent with this section. | |
| 118 | 97 | ||
| 98 | + | (c) The council shall give preference to programs that provide, or plan to provide, the following services: | |
| 119 | 99 | ||
| 120 | - | ||
| 121 | - | (c) The council In awarding the grants, the Judicial Council shall give preference to programs that provide, or plan to provide, will provide the following services: | |
| 122 | - | ||
| 123 | - | (1) Weekly A minimum of weekly follow-up with mental health and substance abuse counseling services in between court dates. | |
| 100 | + | (1) Weekly follow-up with mental health and substance abuse counseling services in between court dates. | |
| 124 | 101 | ||
| 125 | 102 | (2) Job training or placement services. | |
| 126 | 103 | ||
| 127 | 104 | (3) Court conditional releases from custody into residential narcotic and drug abuse programs, as defined in Section 11842 of the Health and Safety Code. | |
| 128 | 105 | ||
| 129 | - | (4) Participation of a licensed medical practitioner to prescribe and administer medication for program participants related to substance abuse recovery or mental health treatment. | |
| 106 | + | (4) Participation of a licensed medical practitioner to prescribe and administer medication for program participants related to substance abuse recovery or mental health treatment. | |
| 130 | 107 | ||
| 131 | 108 | (d) An applicant for funding pursuant to this chapter shall submit an application designed by the Judicial Council. The application shall include a plan for the creation of a new homeless court or expansion of an existing homeless court program. The application shall clearly detail the initiative for which funding is sought, the associated staffing activities, programs, and services to be delivered, and how the grant program will cover those costs. Any funding awarded to an applicant shall be used in accordance with the approved plan. | |
| 132 | 109 | ||
| 133 | - | 5480. (a) The Judicial Council shall establish performance-based outcome measures appropriate for each participating homeless court. | |
| 110 | + | 5480. (a) The Judicial Council shall establish performance-based outcome measures appropriate for each participating homeless court. Participating courts shall provide the required data, including individual offender level data, on a quarterly basis to the Judicial Council.(b) On or before July 1, 2026, the council shall compile a report describing the programs funded pursuant to this chapter and the success of those programs in addressing the needs of chronically homeless individuals. The report shall be submitted to the Legislature pursuant to Section 9795 of the Government Code. | |
| 134 | 111 | ||
| 135 | 112 | ||
| 136 | 113 | ||
| 137 | - | 5480. (a) The Judicial Council shall establish performance-based outcome measures appropriate for each participating homeless court. Participating | |
| 114 | + | 5480. (a) The Judicial Council shall establish performance-based outcome measures appropriate for each participating homeless court. Participating courts shall provide the required data, including individual offender level data, on a quarterly basis to the Judicial Council. | |
| 138 | 115 | ||
| 139 | - | (1) Demographics of all homeless court program participants. | |
| 140 | - | ||
| 141 | - | (2) Services provided. | |
| 142 | - | ||
| 143 | - | (3) Services ordered, but not provided. | |
| 144 | - | ||
| 145 | - | (4) Housing placements of all program participants. | |
| 146 | - | ||
| 147 | - | (5) Permanent housing success for program participants. | |
| 148 | - | ||
| 149 | - | (6) Continued treatment beyond the diversion program. | |
| 150 | - | ||
| 151 | - | (7) Successful substance use disorder treatment rates. | |
| 152 | - | ||
| 153 | - | (8) Detentions or conservatorship pursuant to Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code) during and following the diversion program. | |
| 154 | - | ||
| 155 | - | (9) Additional criminal justice involvement during and following the diversion program. | |
| 156 | - | ||
| 157 | - | (10) Deaths during and following the diversion program. | |
| 158 | - | ||
| 159 | - | (11) A subjective survey of the individuals served. | |
| 160 | - | ||
| 161 | - | (b) Participating courts shall provide the required data, including individual offender level data, on a quarterly basis to the Judicial Council. | |
| 162 | - | ||
| 163 | - | (b) | |
| 164 | - | ||
| 165 | - | ||
| 166 | - | ||
| 167 | - | (c) On or before July 1, 2026, the council Judicial Council shall compile a report describing the data reported in subdivision (a) and shall prepare a full evaluation of each of the programs funded pursuant to this chapter and the success and challenges of those programs in addressing the needs of chronically homeless individuals. individuals, along with recommendations for improving the programs. The report shall be submitted to the Legislature pursuant to Section 9795 of the Government Code. | |
| 116 | + | (b) On or before July 1, 2026, the council shall compile a report describing the programs funded pursuant to this chapter and the success of those programs in addressing the needs of chronically homeless individuals. The report shall be submitted to the Legislature pursuant to Section 9795 of the Government Code. | |
| 168 | 117 | ||
| 169 | 118 | 5483. The sum of _____ dollars ($____) is hereby appropriated from the General Fund to the Judicial Council for the purpose of administering the Homeless Courts Pilot Program pursuant to this chapter. | |
| 170 | 119 | ||
| 171 | 120 | ||
| 172 | 121 | ||
| 173 | 122 | 5483. The sum of _____ dollars ($____) is hereby appropriated from the General Fund to the Judicial Council for the purpose of administering the Homeless Courts Pilot Program pursuant to this chapter. | |
| 174 | 123 | ||
| 175 | 124 | 5485. This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed. | |
| 176 | 125 | ||
| 177 | 126 | ||
| 178 | 127 | ||
| 179 | 128 | 5485. This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed. | |
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| 134 | + | (a)Legal counsel shall be appointed to represent low-income parties in civil matters involving critical issues affecting basic human needs in those specified courts selected by the Judicial Council as provided in this section. | |
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| 138 | + | (b)(1)Subject to funding specifically provided for this purpose pursuant to subdivision (e) of Section 70626 and donations provided pursuant to subdivision (e), the Judicial Council shall develop one or more programs in selected courts pursuant to a competitive grant process and a request for proposals. Programs authorized under this section shall provide representation of counsel for low-income persons who require legal services in civil matters involving housing-related matters, domestic violence and civil harassment restraining orders, probate conservatorships, guardianships of the person, elder abuse, or actions by a parent to obtain legal or physical custody of a child, as well as providing court procedures, personnel, training, and case management and administration methods that reflect best practices to ensure unrepresented parties in those cases have meaningful access to justice, and to gather information on the outcomes associated with providing these services, to guard against the involuntary waiver of those rights or their disposition by default. These programs should be designed to address the substantial inequities in timely and effective access to justice that often give rise to an undue risk of erroneous decision because of the nature and complexity of the law and the proceeding or disparities between the parties in education, sophistication, language proficiency, legal representation, access to self-help, and alternative dispute resolution services. In order to ensure that the scarce funds available for the programs are used to serve the most critical cases and the parties least able to access the courts without representation, eligibility for representation shall be limited to clients whose household income falls at or below 200 percent of the federal poverty level. Programs shall impose asset limitations consistent with their existing practices in order to ensure optimal use of funds. | |
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| 141 | + | ||
| 142 | + | (2)(A)In light of the significant percentage of parties who are unrepresented in family law matters, proposals to provide counsel in child custody cases should be considered among the highest priorities for funding. | |
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| 146 | + | (B)Up to 20 percent of available funds shall be directed to programs regarding civil matters involving actions under the Family Code, subject to the priority set forth in subparagraph (A). This subparagraph shall not apply to distributions made pursuant to paragraph (3). | |
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| 150 | + | (3)Amounts collected pursuant to subdivision (e) of Section 70626 in excess of the total amount transferred to the Trial Court Trust Fund in the 201112 fiscal year pursuant to subparagraph (E) of paragraph (1) of subdivision (c) of Section 68085.1 and subdivision (e) of Section 70626 shall be distributed by the Judicial Council without regard to subparagraph (B) of paragraph (2). Those amounts may be distributed by the Judicial Council as set forth in this subdivision. If the funds are to be distributed to new programs, the Judicial Council shall distribute those amounts pursuant to the process set forth in this subdivision. | |
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| 154 | + | (4)Each program shall be a partnership between the court, a qualified legal services project, as defined by subdivision (a) of Section 6213 of the Business and Professions Code, that shall serve as the lead agency for case assessment and direction, and other legal services providers in the community that are able to provide the services for the program. The lead legal services agency shall be the central point of contact for receipt of referrals to the program and to make determinations of eligibility based on uniform criteria. The lead legal services agency shall be responsible for providing representation to the clients or referring the matter to one of the organizations or individual providers with whom the lead legal services agency contracts to provide the service. Funds received by a qualified legal services project shall not qualify as expenditures for the purposes of the distribution of funds pursuant to Section 6216 of the Business and Professions Code. To the extent practical, the lead legal services agency shall identify and make use of pro bono services in order to maximize available services efficiently and economically. Recognizing that not all indigent parties can be afforded representation, even when they have meritorious cases, the court partner shall, as a corollary to the services provided by the lead legal services agency, be responsible for providing procedures, personnel, training, and case management and administration practices that reflect best practices to ensure unrepresented parties meaningful access to justice and to guard against the involuntary waiver of rights, as well as to encourage fair and expeditious voluntary dispute resolution, consistent with principles of judicial neutrality. | |
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| 158 | + | (5)The participating programs shall be selected by a committee appointed by the Judicial Council with representation from key stakeholder groups, including judicial officers, legal services providers, and others, as appropriate. The committee shall assess the applicants capacity for success, innovation, and efficiency, including, but not limited to, the likelihood that the program would deliver quality representation in an effective manner that would meet critical needs in the community and address the needs of the court with regard to access to justice and calendar management, and the unique local unmet needs for representation in the community. Programs approved pursuant to this section shall initially be authorized for a three-year period, commencing July 1, 2011, subject to renewal for a period to be determined by the Judicial Council, in consultation with the participating program in light of the programs capacity and success. After the initial three-year period, the Judicial Council shall distribute any future funds available as the result of the termination or nonrenewal of a program pursuant to the process set forth in this subdivision. Programs shall be selected on the basis of whether, in the cases proposed for service, the persons to be assisted are likely to be opposed by a party who is represented by counsel. The Judicial Council shall also consider the following factors in selecting the programs: | |
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| 162 | + | (A)The likelihood that representation in the proposed case type tends to affect whether a party prevails or otherwise obtains a significantly more favorable outcome in a matter in which they would otherwise frequently have judgment entered against them or suffer the deprivation of the basic human need at issue. | |
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| 166 | + | (B)The likelihood of reducing the risk of erroneous decision. | |
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| 170 | + | (C)The nature and severity of potential consequences for the unrepresented party regarding the basic human need at stake if representation is not provided. | |
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| 174 | + | (D)Whether the provision of legal services may eliminate or reduce the potential need for, and cost of, public social services regarding the basic human need at stake for the client and others in the clients household. | |
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| 178 | + | (E)The unmet need for legal services in the geographic area to be served. | |
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| 182 | + | (F)The availability and effectiveness of other types of court services, such as self-help. | |
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| 186 | + | (6)Each applicant shall do all of the following: | |
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| 190 | + | (A)Identify the nature of the partnership between the court, the lead legal services agency, and the other agencies or other providers that would work within the program. | |
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| 194 | + | (B)Describe the referral protocols to be used, the criteria that would be employed in case assessment, why those cases were selected, the manner to address conflicts without violating attorney-client privilege when adverse parties are seeking representation through the program, and the means for serving potential clients who need assistance with English. | |
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| 198 | + | (C)Describe how the program would be administered, including how the data collection requirements would be met without causing an undue burden on the courts, clients, or the providers, the particular objectives of the project, strategies to evaluate their success in meeting those objectives, and the means by which the program would serve the particular needs of the community, such as by providing representation to limited-English-speaking clients. | |
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| 202 | + | (7)To ensure the most effective use of the funding available, the lead legal services agency shall serve as a hub for all referrals, and the point at which decisions are made about which referrals will be served and by whom. Referrals shall emanate from the court, as well as from the other agencies providing services through the program, and shall be directed to the lead legal services agency for review. That agency, or another agency or attorney in the event of conflict, shall collect the information necessary to assess whether the case should be served. In performing that case assessment, the agency shall determine the relative need for representation of the litigant, including all of the following: | |
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| 206 | + | (A)Case complexity. | |
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| 210 | + | (B)Whether the other party is represented. | |
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| 214 | + | (C)The adversarial nature of the proceeding. | |
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| 218 | + | (D)The availability and effectiveness of other types of services, such as self-help, in light of the potential client and the nature of the case. | |
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| 222 | + | (E)Language issues. | |
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| 226 | + | (F)Disability access issues. | |
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| 230 | + | (G)Literacy issues. | |
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| 234 | + | (H)The merits of the case. | |
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| 238 | + | (I)The nature and severity of potential consequences for the potential client if representation is not provided. | |
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| 242 | + | (J)Whether the provision of legal services may eliminate or reduce the need for, and cost of, public social services for the potential client and others in the potential clients household. | |
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| 246 | + | (8)If both parties to a dispute are financially eligible for representation, each proposal shall ensure that representation for both sides is evaluated. In these and other cases in which conflict issues arise, the lead legal services agency shall have referral protocols with other agencies and providers, such as a private attorney panel, to address those conflicts. | |
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| 250 | + | (9)Each program shall be responsible for keeping records on the referrals accepted and those not accepted for representation, and the reasons for each, in a manner that does not violate privileged communications between the agency and the prospective client. Each program shall be provided with standardized data collection tools and shall be required to track case information for each referral to allow the evaluation to measure the number of cases served, the level of service required, and the outcomes for the clients in each case. In addition to this information on the effect of the representation on the clients, data shall be collected regarding the outcomes for the trial courts. | |
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| 254 | + | (10)A local advisory committee shall be formed for each program, to include representatives of the bench and court administration, the lead legal services agency, and the other agencies or providers that are part of the local program team. The role of the advisory committee is to facilitate the administration of the local program and to ensure that the program is fulfilling its objectives. In addition, the committee shall resolve any issues that arise during the course of the program, including issues concerning case eligibility, and recommend changes in program administration in response to implementation challenges. The committee shall meet at least monthly for the first six months of the program, and no less than quarterly for the duration of the funding period. Each authorized program shall catalog changes to the program made during the three-year period based on its experiences with best practices in serving the eligible population. | |
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| 258 | + | (c)The Judicial Council shall conduct a study to demonstrate the effectiveness and continued need for the programs established pursuant to this section and shall report its findings and recommendations to the Governor and the Legislature every five years, commencing June 1, 2020. The study shall report on the percentage of funding by case type and shall include data on the impact of counsel on equal access to justice and the effect on court administration and efficiency, and enhanced coordination between courts and other government service providers and community resources. This report shall describe the benefits of providing representation to those who were previously not represented, both for the clients and the courts, as well as strategies and recommendations for maximizing the benefit of that representation in the future. The report shall describe and include data, if available, on the impact of the programs on families and children. The report also shall include an assessment of the continuing unmet needs and, if available, data regarding those unmet needs. | |
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| 262 | + | (d)This section does not negate, alter, or limit any right to counsel in a criminal or civil action or proceeding otherwise provided by state or federal law. | |
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| 266 | + | (e)The Judicial Council may accept donations from public or private entities for the purpose of providing grants pursuant to this section. |