CA Gov't Code Section 70391

The Judicial Council, as the policymaking body for the judicial branch, shall have the following responsibilities and authorities with regard to court facilities, in addition to any other responsibilities or authorities established by law:

(a)

Exercise full responsibility, jurisdiction, control, and authority as an owner would have over trial court facilities the title of which is held by the state, including, but not limited to, the acquisition and development of facilities.

(b)

Exercise the full range of policymaking authority over trial court facilities, including, but not limited to, planning, construction, acquisition, and operation, to the extent not expressly otherwise limited by law.

(c)

Dispose of surplus court facilities following the transfer of responsibility under Article 3 (commencing with Section 70321), subject to all of the following:

(1)

If the property was a court facility previously the responsibility of the county, the Judicial Council shall comply with the requirements of Section 11011, and as follows, except that, notwithstanding any other provision of law, the proportion of the net proceeds that represents the proportion of other state funds used on the property other than for operation and maintenance shall be returned to the fund from which it came and the remainder of the proceeds shall be deposited in the State Court Facilities Construction Fund.

(2)

The Judicial Council shall consult with the county concerning the disposition of the facility. Notwithstanding any other law, including Section 11011, when requested by the transferring county, a surplus facility shall be offered to that county at fair market value prior to being offered to another state agency or local government agency.

(3)

The Judicial Council shall consider whether the potential new or planned use of the facility:

(A)

Is compatible with the use of other adjacent public buildings.

(B)

Unreasonably departs from the historic or local character of the surrounding property or local community.

(C)

Has a negative impact on the local community.

(D)

Unreasonably interferes with other governmental agencies that use or are located in or adjacent to the building containing the court facility.

(E)

Is of sufficient benefit to outweigh the public good in maintaining it as a court facility or building.

(4)

All funds received for disposal of surplus court facilities shall be deposited by the Judicial Council in the State Court Facilities Construction Fund.

(5)

If the facility was acquired, rehabilitated, or constructed, in whole or in part, with moneys in the State Court Facilities Construction Fund that were deposited in that fund from the state fund, any funds received for disposal of that facility shall be apportioned to the state fund and the State Court Facilities Construction Fund in the same proportion that the original cost of the building was paid from the state fund and other sources of the State Court Facilities Construction Fund.

(6)

Submission of a plan to the Legislature for the disposition of court facilities transferred to the state, prior to, or as part of, any budget submission to fund a new courthouse that will replace the existing court facilities transferred to the state.

(d)

Conduct audits of all of the following:

(1)

The collection of fees by the local courts.

(2)

The moneys in local courthouse construction funds established pursuant to Section 76100.

(3)

The collection of moneys to be transmitted to the Controller for deposit in the Immediate and Critical Needs Account of the State Court Facilities Construction Fund, established in Section 70371.5.

(e)

Establish policies, procedures, and guidelines for ensuring that the courts have adequate and sufficient facilities, including, but not limited to, facilities planning, acquisition, construction, design, operation, and maintenance.

(f)

Establish and consult with local project advisory groups on the construction of new trial court facilities, including the trial court, the county, the local sheriff, state agencies, bar groups, including, but not limited to, the criminal defense bar, and members of the community. Consultation with the local sheriff in design, planning, and construction shall include the physical layout of new facilities, as it relates to court security and other security considerations, including matters relating to the safe control and transport of in-custody defendants.

(g)

Manage court facilities in consultation with the trial courts.

(h)

Allocate appropriated funds for court facilities maintenance and construction, subject to the other provisions of this chapter.

(i)

Manage shared-use facilities to the extent required by the agreement under Section 70343.

(j)

Prepare funding requests for court facility construction, repair, and maintenance.

(k)

Implement the design, bid, award, and construction of all court construction projects, except as delegated to others.

(l)

Provide for capital outlay projects that may be built with funds appropriated or otherwise available for these purposes as follows:

(1)

Approve five-year and master plans for each district.

(2)

Establish priorities for construction.

(3)

Recommend to the Governor and the Legislature the projects to be funded by the State Court Facilities Construction Fund.

(4)

Submit the cost of projects proposed to be funded to the Department of Finance for inclusion in the Governor’s Budget.

(m)

In carrying out its responsibilities and authority under this section, the Judicial Council shall consult with the local court for:

(1)

Selecting and contracting with facility consultants.

(2)

Preparing and reviewing architectural programs and designs for court facilities.

(3)

Preparing strategic master and five-year capital facilities plans.

(4)

Major maintenance of a facility.

Source: Section 70391, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=GOV§ionNum=70391.­.

Last Updated

Aug. 19, 2023

§ 70391’s source at ca​.gov