County of San Diego v. Commission on State Mandates

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In this case centering around who pays for the duties the Sexually Violent Predators Act (SVPA), Cal. Welf. & Inst. Code 6600 et seq., imposes on county governments, the Supreme Court held that the Commission on State Mandates erred when it treated The Sexual Predator Punishment and Control Act: Jessica’s Law (Proposition 83) as a basis for terminating the State’s obligation to reimburse county governments for the costs of implementing the SVPA. Originally, the State was obligated to reimburse county governments for the costs of implementing the SVPA. In 2011, the Commission identified six county duties that no longer constituted reimbursable state mandates. Six counties (the Counties) filed a petition for writ of administrative mandate and a complaint for declaratory relief challenging this decision. The superior court denied relief, but the Court of Appeal reversed. The Supreme Court affirmed, holding that simply because certain provisions of the SVPA had been restated without substantive change in Proposition 83, the Commission erred when it treated the initiative as a basis for terminating the State’s obligation to reimburse the Counties. The Court remanded the matter for the Commission to determine how the initiative’s expanded definition of an SVP may affect the State’s obligation to reimburse the Counties. View "County of San Diego v. Commission on State Mandates" on Justia Law

Posted in: Criminal Law

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