HomeMy WebLinkAboutMINUTES - 07241984 - 1.26 TO: BOARD OF SUPERVISORS
Contra
FROM: Phil Batchelor, County Administrator
Costa
DATE: July 16, 1984 _ County
SUBJECT: Legislation: AB 2853 (Cortese)
SPECIFIC REQUEST(S)'OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Authorize the Chairman to send a letter to Assemblyman Dominic Cortese asking that
Contra Costa County be added to AB 2853 as a pilot county for purposes of testing
arraignment of felony defendants by two-way television rather than requiring the
defendant's presence in court.
BACKGROUND:
Under existing law a defendant must appear in court at the time of arraignment for
a felony. Legislation that became effective January 1 , 1984 (Chapter 197, Statutes
of 1983) added an exception to this general rule. Under the provisions of
Chapter 197, the Boards of Supervisors in San Diego or Sacramento counties, with
the approval of the presiding judge of the municipal court and in consultation with
the district attorney and public defender, can establish a two-year pilot program
under which a defendant being arraigned in municipal court on a felony can appear
via two-way television rather than appearing in court. Chapter 197 provides that
the defendant may insist on being physically present and the judge may require the
defendant to be physically present. The judge may not accept a plea of guilty or
no contest unless the defendant is physically present.
AB 2853 adds Los Angeles, San Bernardino, and Shasta counties to this pilot program;
drops Sacramento County; extends the pilot program to four years, adds the Superior
Courts; requires the approval of the district attorney and public defender, and
requires consultation with the Sheriff in the development of the pilot project.
The Administrator of the Walnut Creek-Danville Municipal Court has asked that Contra
Costa County be added to AB 2853 so this option would be available to the courts in
this County. Since the program has the potential to save money in transportation
time and costs and requires the approval of all parties involved, we agree that
Contra Costa County should be added to AB 2853 in order to provide the Board with
this additional option.
CONTINUED ON ATTACHMENT: YES SIGNATURE: ( �� �•l f/� //!�2�C�'� •�.
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE(S) - '✓� '�
ACTION OF BOARD ON u y 1964 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
County Administrator OF SUPERVISORS ON THE DATE SHOWN.
Presiding Judge, Superior Court
CC: Q —�� —a- �,- /9J' s�
Superior Court Administrator ATTESTED — —
Presiding Judges, Municipal Courts JAOLs OS N. COUNTY CLERK
Clerk-Admin. , Municipal Courts AND EX OFFICIO CLERK OF�RE!BFD
District Attorney; Public Defender; (j V
M3e2i7-e3 Sheriff By -� �/- �" DEPUTY