Transparency

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State Statute Description/Statute Name Statutory language Type of obligation Actor
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California Cal. Rules of Court 4.320 Records of criminal convictions
In addition to the information that the Department of Justice requires from courts under Penal Code section 13151, each trial court must also report, electronically or manually, the following information,
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in the form and manner specified by the Department of Justice:(1) Whether the defendant was represented by counsel or waived the right to counsel; and(2) In the case of a guilty or nolo contendere plea, whether:(A) The defendant was advised of and understood the charges;(B) The defendant was advised of, understood, and waived the right to a jury trial, the right to confront witnesses, and the privilege against self-incrimination; and(C) The court found the plea was voluntary and intelligently made. For purposes of this rule, a change of plea form signed by the defendant, defense counsel if the defendant was represented by counsel, and the judge, and filed with the court is a sufficient basis for the clerk or deputy clerk to report that the requirements of (2) have been met.
Obligation to collect or record All courts
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California Cal. Rules of Court 4.541 Minimum requirements of supervision agency reports
Except as provided in (d), a petition for revocation of supervision must include a written report that contains at least the following information:(1) Information about the supervised person, including:(A) Personal
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identifying information, including name and date of birth;(B) Custody status and the date and circumstances of arrest;(C) Any pending cases and case numbers;(D) The history and background of the supervised person, including a summary of the supervised person's record of prior criminal conduct; and(E) Any available information requested by the court regarding the supervised person's risk of recidivism, including any validated risk-needs assessments;(2) All relevant terms and conditions of supervision and the circumstances of the alleged violations, including a summary of any statement made by the supervised person, and any victim information, including statements and type and amount of loss;(3) A summary of any previous violations and sanctions; and(4) Any recommended sanctions
Obligation to report/conduct analysis Supervision agency
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California Cal. Pen. Code § 1463.010 Proceedings in Misdemeanor and Infraction Cases: Enforcement of court orders; Guidelines for collection program; Annual report; Business license suspension program; Amnesty

The uniform imposition and enforcement of court-ordered debts are recognized as an important element of California’s judicial system. Prompt, efficient, and effective imposition and collection of court-ordered fees, fines, forfeitures,

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penalties, restitution, and assessments ensure the appropriate respect for court orders. The California State Association of Counties and the Administrative Office of the Courts are jointly committed to identifying, improving, and seeking to expand access to mechanisms and tools that will enhance efforts to collect court-ordered debt. To provide for this prompt, efficient, and effective collection:(a) The Judicial Council shall adopt guidelines for a comprehensive program concerning the collection of moneys owed for fees, fines, forfeitures, penalties, and assessments imposed by court order. As part of its guidelines, the Judicial Council may establish standard agreements for entities to provide collection services. As part of its guidelines, the Judicial Council shall include provisions that promote competition by and between entities in providing collection services to courts and counties. The Judicial Council may delegate to the Administrative Director of the Courts the implementation of the aspects of this program to be carried out at the state level. (b) The courts and counties shall maintain the collection program that was in place on January 1, 1996, unless otherwise agreed to in writing by the court and county. The program may wholly or partially be staffed and operated within the court itself, may be wholly or partially staffed and operated by the county, or may be wholly or partially contracted with a third party. In carrying out this collection program, each superior court and county shall develop a cooperative plan to implement the Judicial Council guidelines. In the event that a court and a county are unwilling or unable to enter into a cooperative plan pursuant to this section, prior to the arbitration procedures required by subdivision (e) of Section 1214.1, the court or the county may request the continuation of negotiations with mediation assistance as mutually agreed upon and provided by the Administrative Director of the Courts and the California State Association of Counties. (c) The Judicial Council shall develop performance measures and benchmarks to review the effectiveness of the cooperative superior court and county collection programs operating pursuant to this section. Each superior court and county shall jointly report to the Judicial Council, as provided by the Judicial Council, information requested in a reporting template on or before September 1, 2009, and annually thereafter. The Judicial Council shall report to the Legislature on December 31, 2009, and annually thereafter, on all of the following: (1) The extent to which each court or county is following best practices for its collection program. (2) The performance of each collection program. (3) Any changes necessary to improve performance of collection programs statewide. (d) The Judicial Council may, when the efficiency and effectiveness of the collection process may be improved, facilitate a joint collection program between superior courts, between counties, or between superior courts and counties. (e) The Judicial Council may establish, by court rule, a program providing for the suspension and nonrenewal of a business and professional license if the holder of the license has unpaid fees, fines, forfeitures, penalties, and assessments imposed upon them under a court order. The Judicial Council may provide that some or all of the superior courts or counties participate in the program. Any program established by the Judicial Council shall ensure that the licensee receives adequate and appropriate notice of the proposed suspension or nonrenewal of his or her license and has an opportunity to contest the suspension or nonrenewal. The opportunity to contest may not require a court hearing. (f) Notwithstanding any other provision of law, the Judicial Council, after consultation with the Franchise Tax Board with respect to collections under Section 19280 of the Revenue and Taxation Code, may provide for an amnesty program involving the collection of outstanding fees, fines, forfeitures, penalties, and assessments, applicable either statewide or within one or more counties. The amnesty program shall provide that some or all of the interest or collections costs imposed on outstanding fees, fines, forfeitures, penalties, and assessments may be waived if the remaining amounts due are paid within the amnesty period.

Obligation to collect or record State courts
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California Cal. Pen. Code § 1463.02 Proceedings in Misdemeanor and Infraction Cases: Establishment of task force; Task force responsibilities and duties; Chairperson; Membership; Report

(a) On or before June 30, 2011, the Judicial Council shall establish a task force to evaluate criminal and traffic-related court-ordered debts imposed against adult and juvenile offenders. The task

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force shall be comprised of the following members:(1) Two members appointed by the California State Association of Counties. (2) Two members appointed by the League of California Cities. (3) Two court executives, two judges, and two Administrative Office of the Courts employees appointed by the Judicial Council. (4) One member appointed by the Controller. (5) One member appointed by the Franchise Tax Board. (6) One member appointed by the California Victim Compensation Board. (7) One member appointed by the Department of Corrections and Rehabilitation. (8) One member appointed by the Department of Finance. (9) One member appointed by each house of the Legislature. (10) A county public defender and a city attorney appointed by the Speaker of the Assembly. (11) A defense attorney in private practice and a district attorney appointed by the Senate Committee on Rules. (b) The Judicial Council shall designate a chairperson for the task force. The task force shall, among other duties, do all of the following: (1) Identify all criminal and traffic-related court-ordered fees, fines, forfeitures, penalties, and assessments imposed under law. (2) Identify the distribution of revenue derived from those debts and the expenditures made by those entities that benefit from the revenues. (3) Consult with state and local entities that would be affected by a simplification and consolidation of criminal and traffic-related court-ordered debts. (4) Evaluate and make recommendations to the Judicial Council and the Legislature for consolidating and simplifying the imposition of criminal and traffic-related court-ordered debts and the distribution of the revenue derived from those debts with the goal of improving the process for those entities that benefit from the revenues, and recommendations, if any, for adjustment to the court-ordered debts. (c) The task force also shall document recent annual revenues from the various penalty assessments and surcharges and, to the extent feasible, evaluate the extent to which the amount of each penalty assessment and surcharge impacts total annual revenues, imposition of criminal sentences, and the actual amounts assessed. (d) The task force also shall evaluate and make recommendations to the Judicial Council and the Legislature on or before June 30, 2011, regarding the priority in which court-ordered debts should be satisfied and the use of comprehensive collection programs authorized pursuant to Section 1463.007, including associated cost-recovery practices.

Obligation to collect or record Other
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California Cal. Gov. Code § 6253(a)-(b) Inspection of Public Records: Time for inspection of public records; “Unusual circumstances”; Posting of public record on Web site

(a) Public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public

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record, except as hereafter provided. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law.(b) Except with respect to public records exempt from disclosure by express provisions of law, each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, shall make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable. Upon request, an exact copy shall be provided unless impracticable to do so.

Obligation to respond to public records requests All
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California CA ST TR COURT Rule 2.503(c) Application and scope: Courthouse electronic access only

A court that maintains the following records in electronic form must provide electronic access to them at the courthouse, to the extent it is feasible to do so, but may

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provide remote electronic access only to the records governed by (b):(1) Records in a proceeding under the Family Code, including proceedings for dissolution, legal separation, and nullity of marriage; child and spousal support proceedings; child custody proceedings; and domestic violence prevention proceedings; . . . (5) Records in a criminal proceeding.

Obligation to collect or record All courts
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California CA ST TR COURT Rule 2.503(e) Application and scope: Remote access allowed in extraordinary criminal cases

Notwithstanding (c)(5), the presiding judge of the court, or a judge assigned by the presiding judge, may exercise discretion, subject to (e)(1), to permit electronic access by the public to

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all or a portion of the public court records in an individual criminal case if (1) the number of requests for access to documents in the case is extraordinarily high and (2) responding to those requests would significantly burden the operations of the court. An individualized determination must be made in each case in which such remote electronic access is provided.

Obligation to collect or record All courts
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Washington Wash. Rev. Code Ann. § 10.46.220-230 Cost bills in felony cases

220: In all convictions for felony, whether capital or punishable by imprisonment in the penitentiary, the clerk of the superior court shall forthwith, after sentence, tax the costs in the

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case. The cost bill shall be made out in triplicate, and be examined by the prosecuting attorney of the county in which the trial was had. After which the judge of the superior court shall allow and approve such bill or so much thereof, as is allowable by law. The clerk of the superior court shall thereupon, under his or her hand, and under the seal of the court, certify said triplicate cost bills, and shall file one with the papers of cause, and shall transmit one to the administrator for the courts and one to the county auditor of the county in which said felony was committed...

230: Upon the receipt of the cost bill, as provided for in the preceding section, the county auditor shall draw warrants for the amounts due each person, as certified in said cost bill, which warrants shall be paid as other county warrants are paid. On receipt of the certified copy of said cost bill, the administrator for the courts shall examine and audit said bill and allow the payment by the state of statutorily required witness fees in cases where conviction of a felony is obtained and the defendant is sentenced to pay a fine or is given a prison sentence even if the sentence is deferred or suspended. Payment shall be allowed by the administrator for the courts in such cases even when the conviction is subsequently reversed or if a new trial is granted.

Obligation to report/conduct analysis Clerk
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Washington Wash. Rev. Code Ann. § 10.64.100 Final record--What to contain

The clerk of the court shall make a final record of all the proceedings in a criminal prosecution within six months after the same shall have been decided, which shall

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contain a copy of the minutes of the challenge to the panel of the grand jury, the indictment or information, journal entries, pleadings, minutes of challenges to panel of petit jurors, judgment, orders, or decision, and bill of exceptions.

Obligation to collect or record All courts
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Washington Wash. Rev. Code Ann. § 9.94A.637(1) Discharge upon completion of sentence

When an offender has completed all requirements of the sentence, including any and all legal financial obligations, and while under the custody or supervision of the department, the secretary or

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the secretary’s designee shall notify the sentencing court, which shall discharge the offender and provide the offender with a certificate of discharge by issuing the certificate to the offender in person or by mailing the certificate to the offender’s last known address.

Obligation to collect or record Supervision agency
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Washington Wash. Rev. Code Ann. § 2.32.050 Powers and duties of court clerks

The clerk of the supreme court, each clerk of the court of appeals, and each clerk of a superior court, has power to take and certify the proof and acknowledgment

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of a conveyance of real property, or any other written instrument authorized or required to be proved or acknowledged, and to administer oaths in every case when authorized by law; and it is the duty of the clerk of the supreme court, each clerk of the court of appeals, and of each county clerk for each of the courts for which he or she is clerk:
(2) To record the proceedings of the court;
(3) To keep the records, files, and other books and papers appertaining to the court;
(6) To keep the minutes of the proceedings of the court, and, under the direction of the court, to enter its orders, judgments, and decrees;

Obligation to collect or record Clerk
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Washington Wash. Rev. Code Ann. § 2.56.190 Legal financial obligations--Collection--Distribution of funds

By October 1, 2003, and annually thereafter, the administrative office of the courts shall distribute such funds to counties for county clerk collection budgets as are appropriated by the legislature

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for this purpose, using the funding formula recommended by the Washington association of county officials. The administrative office of the courts shall not deduct any amount for indirect or direct costs, and shall distribute the entire amount appropriated by the legislature to the counties for county clerk collection budgets. The administrative office of the courts shall report on the amounts distributed to counties to the appropriate committees of the legislature no later than December 1, 2003, and annually thereafter.
The administrative office of the courts may expend for the purposes of billing for legal financial obligations, such funds as are appropriated for the legislature for this purpose.

Obligation to collect or record All courts
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Washington Wash. Sup. Ct. Crim. R. 7.2(d)-(e) SENTENCING

(d) Record. A record of the sentencing proceedings shall be made. The sentencing and judgment records of the courts of limited jurisdiction shall be preserved in perpetuity, either in an

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electronic or hard copy format. “Hard copy format” may include microfilm, microfiche, or a paper copy. The record of the sentencing proceedings shall be prima facie evidence of a valid conviction in subsequent proceedings in courts of limited jurisdiction and in superior court.
(e) Judgment and Sentence.
(1) An electronic judgment and sentence shall be prescribed by the Administrator for the Courts in conjunction with the Judicial Information System Committee (JISC).
(2) A non-electronic judgment and sentence form shall be prescribed by the Administrator for the Courts in conjunction with the Supreme Court Pattern Forms Committee.
(3) Notwithstanding any other statute or rule to the contrary, each judgment and sentence form, either electronic or hard copy, shall be preserved by the court in perpetuity.

Obligation to collect or record All courts
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Washington Wash. CrRLJ 7.2 JUDGMENT

A judgment of conviction shall set forth whether the defendant was represented by a lawyer or waived representation by a lawyer, the plea, the verdict or findings, and the adjudication

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and sentence. The court may order that its sentence include special conditions or requirements, including a specified schedule for the payment of a fine, restitution, or other costs, or the performance of community service. If the defendant is found not guilty or for any other reason is entitled to be discharged, judgment shall be entered accordingly. The judge or clerk shall enter the judgment on the record. The judgment and record of the sentencing proceedings of the courts of limited jurisdiction shall be preserved in perpetuity, either in an electronic or hard copy format. “Hard copy format” may include microfilm, microfiche, or a paper copy. At a minimum, the judgment and record of the sentencing proceedings shall include:
(i) Verdict or findings, and the date entered;
(j) Adjudication and sentence, and the date entered;
(k) Conditions or requirements of the sentence, including but not limited to a specified schedule for the payment of a fine, restitution, or other costs, performance of community service, counseling or treatment;

Obligation to collect or record Clerk, Court