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Homicide Trial Costs

The State of California (State) provides assistance to counties conducting homicide trials for crimes that were committed on or after January 1, 2005.  Government Code (GC) section 15200 states:

"The Legislature hereby declares that: (1) The uniform administration of justice throughout the State is a matter of statewide interest; (2) The prosecution and conduct of trials of persons accused of homicide should not be hampered or delayed by any lack of funds available to the counties for such purposes; (3) A county should not be required to bear the entire costs of a trial involving a homicide if such costs will seriously impair the finances of the county; and (4) It is the intention of the Legislature in enacting this chapter to provide for state assistance to counties in such emergency situations."

State assistance for "costs incurred by the county" as defined in GC section 15201, means all costs, except normal salaries and expenses, incurred by the county in bringing a person or persons to trial or trials for the offense of homicide.  "Costs incurred by the county" do not include any costs paid by the superior court or for which the superior court is responsible.  To be eligible for reimbursement, a county is required to meet the threshold amount in accordance with the formula set forth in GC section 15202(a).  Pursuant to GC section 11019.5(a), counties with a population of 150,000 or less as of January 1, 1983, may request an advance payment from the State Controller's Office for homicide trial costs reimbursable under GC section 15202.  An eligibility flowchart is provided below to assist with the threshold determination.

Pursuant to GC section 1202(c), homicide trials for which the crime was committed before January 1, 2005, shall qualify under the reimbursement statute in effect before that date.  Contact the State Controller's Office at LRSLGPSD@sco.ca.gov for additional information.

Reimbursement Threshold Eligibility

Reimbursement Claim Forms (For Crimes Committed on or After January 1, 2005)

Advance Payment (GC section 11019.5)

Actual Costs Reimbursement (GC sections 15200 - 15204)

Review and Payment of Claims

Pursuant to the Budget Act, Item 9300-101-0001, Provision 2, by May 1 of each year, the State Controller's Office (SCO) shall provide the Department of Finance (DOF) and the committees in each house of the Legislature that consider the budget, with copies of those claims approved for payments.

Claims may be submitted any time throughout the year.  Claims received by January 15 will be reviewed by SCO, and if approved, may be considered in the next annual funding request.  By May 1, SCO will submit a deficiency appropriation funding request to DOF for claims approved.  This process occurs annually.  Once DOF approves the funding request for the purposes of GC section 15202, SCO will process the approved claims for payment.  Claims not received by January 15 will be reviewed and may be eligible for payment, if approved, in the following fiscal year.

Codes Concerning Reimbursements for Homicide Trial Costs:

Current State mileage and lodging rates are available on the California Department of Human Resources' website.

Email Lists

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Contact Information

Questions?  Contact the Local Reimbursements Section at (916) 324-5729 or LRSLGPSD@sco.ca.gov.