Report 2013-103 Recommendation 2 Responses

Report 2013-103: Armed Persons With Mental Illness: Insufficient Outreach From the Department of Justice and Poor Reporting From Superior Courts Limit the Identification of Armed Persons With Mental Illness (Release Date: October 2013)

Recommendation #2 To: Administrative Office of the Courts

AOC should coordinate with Justice at least once a year to obtain information about court reporting levels. Using that information, AOC should provide technical assistance to the courts that do not appear to be complying with state law's requirement to report prohibited individuals and assist the courts in taking appropriate steps to ensure compliance.

1-Year Agency Response

Staff at the Judicial Council is coordinating quarterly with the Department of Justice (DOJ) to obtain information about court reporting levels. As of September 30, 2014, 50 of the 58 superior courts have reported prohibited individuals to DOJ. Of the eight courts that have not reported to DOJ, four courts have confirmed no prohibited individuals to report to DOJ, and these four courts are very small courts, located in sparsely populated counties. Staff to the Judicial Council is working with the four remaining courts, ranging in size from very small to small, to ensure that they understand the state law's requirement to report prohibited individuals and are able to comply. Judicial Council staff will continue to work with the DOJ and will continue to provide technical assistance to courts in addressing reporting requirements. The Judicial Council considers this recommendation to be fully implemented.

California State Auditor's Assessment of 1-Year Status: Fully Implemented

6-Month Agency Response

In discussion with the DOJ, the DOJ has indicated that they have sent letters to the courts concerning the status of the development of the electronic reporting system and have established a training schedule (attached schedule and powerpoint presentation to be submitted under encrypted email). The entry of information and reports resulting from that entry are in process.

It is anticipated that the first reports will be prepared and discussed with the DOJ in the next two months. Once that occurs the AOC will evaluate the nature and level of technical assistance that may be necessary overall and on a court-by-court basis to determine how to achieve all of the steps necessary to ensure compliance.

California State Auditor's Assessment of 6-Month Status: Partially Implemented

60-Day Agency Response

In a meeting with the Department of Justice (DOJ), it was agreed that every quarter starting with the calendar quarter ending March 31, 2014, the DOJ will send the AOC information concerning the court's reporting. The AOC will evaluate that information and will work with the DOJ to identify courts that appear to have issues with timely or accurate submission and will provide direct technical assistance to those courts. The AOC continues to provide education and training on this subject and is working to enhance its education and training materials on this and other areas.

California State Auditor's Assessment of 60-Day Status: Partially Implemented

The AOC states that it has an agreement with Justice to share information on a quarterly basis and that the AOC will use this information to provide technical assistance to courts that appear to have issues with timely or accurate submissions. However, the AOC and Justice have not yet shared information in this way according to their plan. In its response the AOC notes that the two agencies will share this information on a quarterly basis starting in the first quarter of 2014. Therefore, our assessment is that the recommendation is partially implemented.

All Recommendations in 2013-103

Agency responses received are posted verbatim.