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.

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.

  • Response Type†: 1-Year
  • Completion Date: October 2014
  • Response Date: October 2014

California State Auditor's Assessment of Status: Fully Implemented


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.

  • Response Type†: 6-Month
  • Estimated Completion Date: July 1, 2014
  • Response Date: April 2014

California State Auditor's Assessment of Status: Partially Implemented


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.

  • Response Type†: 60-Day
  • Completion Date: November 2013
  • Response Date: January 2014

California State Auditor's Assessment of 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.

  • Auditee did not substantiate its claim of full implementation

All Recommendations in 2013-103

†Response Type refers to the interval in which the auditee is providing the State Auditor with their status in implementing recommendations made in an audit report. Auditees must submit a response regarding their progress in implementing recommendations from our reports at three intervals from the release of the report: 60 days, six months, and one year or subsequent to one year.

*Agency responses received after June 2013 are posted verbatim.


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