California Superior Court Security

Section 69920 specifies that this article is known as the Superior Court Security Act of 2012. This article implements the statutory changes necessary as a result of the realignment of superior court security funding enacted in 2011 in which the Trial Court Security Account was established to fund court security.

Section 69921 defines the following terms: “court attendant,” “court security plan,” and “law enforcement security plan.”

Section 69921.5 generally states that the sheriff is responsible for the necessary level of court security services, as established by the applicable memorandum of understanding.

Section 69922 provides that, whenever required, the sheriff must attend all superior court sessions held within his or her county. The court may use court attendants in courtrooms hearing those noncriminal, nondelinquency actions. The sheriff is required to obey all lawful orders and directions of all courts held within his or her county.

Section 69923 prohibits a superior court from paying a sheriff for court security services and equipment, except as provided in this article.

Section 69925 requires the presiding judge, in conjunction with the sheriff or marshal, to develop an annual or multiyear comprehensive court security plan that includes the mutually agreed upon law enforcement security plan to be utilized by the court. The Judicial Council provides for the subject areas to be addressed in the plan and establishes a process for the review of court security plans by the Judicial Council in the California Rules of Court.

Section 69926 applies this section to the superior court and the sheriff in those counties in which the sheriff’s department provides court security services. The sheriff, with the approval and authorization of the board of supervisors, is required to, on behalf of the county, enter into an annual or multiyear memorandum of understanding with the superior court specifying an agreed-upon level of court security services and any other agreed-upon governing or operating procedures. The memorandum of understanding and the court security plan may be included in a single document.

Section 69927 expresses legislative intent to establish a process and funding mechanism for sheriffs that overall incur increased trial court security costs as a result of court construction projects that had an occupancy date on or after October 9, 2011. The funding for increased trial court security costs pursuant to this section is funded by the General Fund, subject to an annual appropriation by the Legislature.