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CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

95

Introduced by Assembly Member Arambula

(Coauthor: Assembly Member Schultz)

February 20, 2026

An act to add Section 27700.5 to the Government Code, relating to state government administration.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: yes

LEGISLATIVE COUNSEL’S DIGEST

Under existing law, the board of supervisors of any county may establish the office of public defender for the county and authorize reciprocal or mutual assistance agreements with boards of supervisors of other counties authorizing their respective public defenders to enter into reciprocal or mutual assistance agreements, or authorize reciprocal or mutual assistance agreements with the State Public Defender, if the public defender of the county is unable to perform public defender duties because of, among other reasons, lack of personnel, lack of expertise, or lack of other resources by the local office.

Existing law, subject to an appropriation by the Legislature, requires the State Public Defender, in consultation with the California Public Defenders Association and other subject matter experts, to undertake a study to assess appropriate workloads for public defenders and indigent defense attorneys and to submit a report with their findings and recommendations to the Legislature no later than January 1, 2024.

This bill would require the board of supervisors of each county to specify a contact person with the applicable oversight and to collect specified information on public defense services provided in the county, and report that data to the Office of the State Public Defender every 2 years beginning on January 1, 2029. Because the bill would require local officials to perform additional duties, it would impose a state-mandated local program. The bill would require the Office of the State Public Defender to create and post on its internet website a summary report on public defense services, as specified. The bill would make its provisions operative upon appropriation by the Legislature for these purposes.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The people of the State of California do enact as follows:

SECTION 1.

Section 27700.5 is added to the Government Code, to read:

27700.5.

(a) The board of supervisors of each county shall specify a contact person with the applicable oversight and collect the following information on public defense services provided in the that county, including, but not limited to, all of the following:

(1) Brief explanation of whether the public defense system is a public defender (PD), an alternate public defender (APD), a private attorney program, or a combination of any of these systems.

(2) Method and timing of case assignment.

(3) Budget and expenditures for each PD, APD, or private attorney system.

(4) Funded and filled public defense positions by type, including PD attorney positions, APD attorney positions, and number of active private attorneys in private attorney programs.

(5) The number of cases assigned to each PD, APD, or private attorney system specifying the number of homicide, other felony, and misdemeanor cases in adult and juvenile court.

(6) Description of the compensation model for each PD, APD, or private attorney program.

(b) The data collected by a county pursuant to subdivision (a) shall be reported to the Office of the State Public Defender every two years beginning on January 1, 2029. Any reporting procedures established by the office shall account for structural differences between counties.

(c) The Office of the State Public Defender shall create and post on its internet website a summary report of the information reported to it pursuant to subdivision (b).

(d) This section shall become operative upon appropriation by the Legislature for these purposes.

SEC. 2.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.