BILL NUMBER: SB 843 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 14, 2016
AMENDED IN ASSEMBLY JUNE 12, 2016
AMENDED IN ASSEMBLY MAY 25, 2016
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 7, 2016
An act to amend, repeal, and add Section 231 of the Code of Civil
Procedure, to amend Sections 7522.57, 11555, 11556, 12838, 12838.4,
68502.5, and 68651 of, and to amend and repeal Sections 68085.1 and
70626 of, the Government Code, to amend Sections 320.6, 2910, 2915,
5075, 5075.1, 5075.6, 5076.1, 6025.1, 6250.2, 6258.1, 6402, 11191,
13501, 13601, 23690, and 28300 of, to add Sections 2694.5, 5027, and
6404 to, to add Chapter 2.92 (commencing with Section 1001.85) to
Title 6 of Part 2 of, and to repeal Section 5032 of, the Penal Code,
and to amend Sections 1716, 1719, 1720, 1723, 1725, 1766, 1767.3, and
7200.06 of, to amend the heading of Article 2.5 (commencing with
Section 1716) of Chapter 1 of Division 2.5 of, and to add Sections
1718, 1721, 1722, 1724, 1728, and 5848.51 to, the Welfare and
Institutions Code, relating to public safety, and making an
appropriation therefor, to take effect immediately, bill related to
the budget.
LEGISLATIVE COUNSEL'S DIGEST
SB 843, as amended, Committee on Budget and Fiscal Review. Public
safety.
(1) Existing law, the Trial Jury Selection and Management Act,
generally governs the selection of juries in criminal and civil
cases. Under existing law, a criminal defendant is generally entitled
to exercise 10 peremptory challenges during the jury selection
process. When 2 or more defendants are jointly tried, existing law
requires these challenges to be exercised jointly, but grants each
defendant an additional 5 challenges to be exercised separately. If
the offense for which a defendant is being tried is punishable by a
maximum term of imprisonment of 90 days or less, existing law
entitles the defendant to 6 peremptory challenges and grants each
jointly tried defendant 4 additional challenges to be exercised
separately.
This bill would instead, commencing January 1, 2017, and
until January 1, 2021, grant a defendant 6 peremptory
challenges in a criminal case if the offense charged is punishable
with a maximum term of imprisonment of one year or less, and would
reduce the number of peremptory challenges that may be exercised
separately by a defendant who is jointly tried from 4 to 2 in cases
in which the maximum term of imprisonment is one year or less. The
bill would require the Judicial Council to conduct a study and, on or
before January 1, 2020, submit a report to the Legislature on that
reduction in the number of peremptory challenges, as specified.
(2) Existing law establishes the Department of Corrections and
Rehabilitation, which consists of, among other divisions, the Board
of Parole Hearings. The Board of Parole Hearings is comprised of 17
commissioners, appointed by the Governor, subject to confirmation by
the Senate, for 3-year terms. Of those 17 commissioners, existing law
requires 5 to be appointed and trained to hear only juvenile
matters. Within 60 days of appointment and annually thereafter,
existing law requires the commissioners and deputy commissioners to
undergo a minimum of 40 hours of training in specified areas,
including treatment and training programs provided to wards. Existing
law requires the board to, among other things, conduct parole
consideration hearings, parole rescission hearings, and parole
progress hearings for adults and juveniles under the jurisdiction of
the department and discharges of commitment, orders for discharge
from the jurisdiction of the Division of Juvenile Facilities to the
jurisdiction of the committing court, and disciplinary appeals with
respect to wards in the custody of the Division of Juvenile
Facilities in the Department of Corrections and Rehabilitation.
This bill would establish the Board of Juvenile Hearings to assume
the powers, duties, and responsibilities of the Board of Parole
Hearings as it relates to hearings by the Board of Parole Hearings on
juvenile matters and would also require the Board of Juvenile
Hearings to conduct initial case reviews and annual reviews. The
Board of Juvenile Hearings would be comprised of 3 commissioners,
appointed by the Governor, subject to Senate confirmation, for 5-year
terms. The bill would require the Governor to periodically designate
the chair of the Board of Juvenile Hearings. The bill would
authorize the Governor to appoint an executive officer of the board,
subject to Senate confirmation, who would hold office at the pleasure
of the Governor and would require the executive officer to exercise
all duties and functions necessary to ensure that the
responsibilities of the Board of Juvenile Hearings are successfully
discharged. The bill would authorize the Governor to remove any
member of the Board of Juvenile Hearings for misconduct,
incompetency, or neglect of duty after a full hearing by the Board of
State and Community Corrections.
The bill would authorize the Board of Juvenile Hearings to utilize
board representatives to whom it may assign appropriate duties,
including hearing cases and making decisions, as specified. The bill
would require commissioners and board representatives to undergo,
within 60 days of appointment and annually thereafter, a minimum of
40 hours of training, as described above, and would also require
training in the areas of adolescent brain development, the principles
of cognitive behavioral therapy, and evidence-based treatment and
recidivism-reduction models.
The bill would delete references to the Juvenile Parole Board and
would refer instead to the Board of Juvenile Hearings. The bill would
delete other obsolete provisions and make other conforming changes
to implement the creation of the Board of Juvenile Hearings.
(3) Existing law requires the Judicial Council to adopt a budget
and allocate funding for the trial courts. Existing law requires the
Judicial Council to set aside 2% of specified funds appropriated in
the annual Budget Act and requires the funds to remain in the Trial
Court Trust Fund to be allocated by the Judicial Council to trial
courts for unforeseen emergencies, unanticipated expenses, or
unavoidable funding shortfalls.
This bill would instead require the Judicial Council to hold a
reserve of $10,000,000 in the Trial Court Trust Fund to be available
to trial courts for emergencies. The bill would require any funding
allocated to be replenished on an annual basis from the trial court
base allocations. The bill would require the Judicial Council to
establish a process for trial courts to apply for emergency funding.
(4) Existing law, the Sargent Shriver Civil Counsel Act, requires
legal counsel to be appointed to represent low-income parties in
civil matters involving critical issues affecting basic human needs
in those courts selected by the Judicial Council, as specified.
Existing law, subject to funding specifically provided for this
purpose, requires the Judicial Council to develop one or more model
pilot projects in selected courts to provide that representation of
counsel in civil matters, as specified.
Existing law provides for the assessment of various fees and
fines, including, among others, sanctions for violation of a court
order. Existing law requires the superior court to deposit the fees
and fines in a bank account with the Administrative Office of the
Courts and specifies how those moneys are to be distributed,
including, until January 1, 2017, to the Trial Court Trust Fund to be
used by the Judicial Council to implement and administer the civil
representation pilot program described above.
This bill would repeal the date restriction on this distribution,
thereby extending that provision indefinitely.
(5) Existing law, until July 1, 2017, sets the fees at $25 or $30
for various court services, including, but not limited to, issuing a
writ for the enforcement of an order or judgment and filing an
application for renewal of judgment, respectively. Existing law
requires, only through June 30, 2017, the Judicial Council to use $10
of each fee collected for those services for the expenses of the
Judicial Council in implementing and administering the civil
representation pilot program described above. Existing law,
commencing July 1, 2017, reduces each of the above fees by $10.
This bill would require that the above fees remain set at $25 and
$30, respectively. The bill would instead require the Judicial
Council to use an amount equivalent to $10 of each fee for expenses
in administering the civil representation pilot program. The bill
would make related findings and declarations.
This bill would also make technical, nonsubstantive changes.
(6) Existing law requires specified sports organizations, among
other entities, to register with the Department of Justice prior to
conducting a raffle. Existing law authorizes the department to
require an annual registration fee to cover the reasonable costs of
this registration, which is deposited by the department into the
General Fund.
This bill would create the Major League Sporting Event Raffle
Fund, and deposit the registration fees into that fund instead of the
General Fund. The bill would, under specified conditions, authorize
a loan of $1,005,000 from the General Fund to the Major League
Sporting Event Raffle Fund for use by the department for specified
enforcement activities.
(7) Existing law authorizes a county to establish a pretrial
diversion program for defendants who have been charged with a
misdemeanor offense and authorizes other diversion programs,
including for defendants with cognitive developmental disabilities,
defendants in nonviolent drug cases, and traffic violations.
This bill would establish the Law Enforcement Assisted Diversion
(LEAD) pilot program, to be administered by the Board of State and
Community Corrections, to improve public safety and reduce recidivism
by increasing the availability and use of social service resources
while reducing costs to law enforcement agencies and courts stemming
from repeated incarceration. The bill would require the board to
award grants, on a competitive basis, to up to 3 jurisdictions to
establish LEAD programs and would require the board to establish
minimum standards, funding schedules, and procedures for awarding
grants. The bill would establish requirements for referral of people
who may be arrested for, or who have a history of, low-level drug
offenses or prostitution, as defined, to social services in lieu of
prosecution. The bill would require the board to contract with a
non-profit research entity, university, or college to evaluate the
effectiveness of the LEAD program and submit a report of the findings
to the Governor and the Legislature by January 1, 2020. The bill
would appropriate $15,000,000 from the General Fund for the LEAD
pilot program and would authorize the board to spend up to $550,000
of that amount for the contracts to evaluate the effectiveness of the
LEAD program and to contract with experts in the implementation of
LEAD in other jurisdictions, as specified.
(8) Existing law establishes the Division of Health Care
Operations and the Division of Health Care Policy and Administration
within the Department of Corrections and Rehabilitation under the
Undersecretary of Health Care Services. Existing law requires these
divisions to be headed by a director, who shall be appointed by the
Governor. Existing law requires the department to expand substance
abuse treatment services in prisons to accommodate at least 4,000
additional inmates who have histories of substance abuse.
This bill would require the department to establish a 3-year pilot
program to provide a medically assisted substance use disorder
treatment model for the treatment of inmates, as specified. The bill
would require the department to submit reports to the fiscal and
appropriate policy committees of the Legislature, including specified
information regarding the pilot program.
(9) Existing law allows the Secretary of the Department of
Corrections and Rehabilitation to enter into an agreement with a
city, county, or city and county, to permit transfer of prisoners in
the custody of the secretary to a jail or other adult correctional
facility. Under existing law, prisoners transferred to a local
facility remain under the legal custody of the department. Existing
law, until January 1, 2017, allows a transfer of prisoners to include
inmates who have been sentenced to the department but remain housed
in a county jail, and specifies that these prisoners shall be under
the sole legal custody and jurisdiction of the sheriff or other
official having jurisdiction over the facility and not under the
legal custody and jurisdiction of the department. Existing law, until
January 1, 2017, for purposes of entering into agreements pursuant
to the above provisions, waives any process, regulation, or
requirement relating to entering into those agreements.
This bill would extend those provisions until January 1, 2020.
(10) Existing law, until January 1, 2017, allows the secretary to
enter into one or more agreements in the form of a lease or operating
agreement with private entities to obtain secure housing capacity in
the state or in another state, upon terms and conditions deemed
necessary and appropriate to the secretary. Existing law, until
January 1, 2017, waives any process, regulation, or requirement that
relates to the procurement or implementation of those agreements,
except as specified. Existing law, until January 1, 2017, makes the
provisions of the California Environmental Quality Act inapplicable
to these provisions.
This bill would extend those provisions until January 1, 2020.
(11) Existing law establishes the Board of State and Community
Corrections to, among other things, administer the Second Chance
Program to invest in community-based programs, services, and
initiatives for formerly incarcerated individuals in need of mental
health and substance use treatment services. Existing law prohibits
specified officials from being financially interested in any contract
made by them in their official capacity. Existing law states that
members of a committee created by the Board of State and Community
Corrections have no financial interest in any contract made by the
board, as specified, based upon the receipt of compensation for
holding public office or public employment. Existing federal law, the
Edward Byrne Memorial Justice Assistance Grant Program, provides
federal criminal justice funding to state and local entities.
This bill would instead provide that, for the purpose of the
prohibition on officials being financially interested in any contract
made by them in their official capacity, members of a committee
created by the board pursuant to the Second Chance Program or the
federal Edward Byrne Memorial Justice Assistance Grant Program have
no financial interest in any contract made by the board, as
specified, based upon the receipt of compensation for holding public
office or public employment.
(12) Existing law establishes the Department of Corrections and
Rehabilitation to oversee the state prison system.
This bill would, upon appropriation by the Legislature, require
the department to award funding for a grant program to not-for-profit
organizations to replicate their programs at institutions that are
underserved by volunteer and not-for-profit organizations, as
specified. The bill would require grant funding be provided to
programs that have demonstrated success and focus on offender
responsibility and restorative justice principles. The bill would
require these programs to demonstrate that they will become
self-sufficient or will be funded in the long term by donations or
another source of ongoing funding.
(13) Existing law, until January 1, 2017, allows the secretary to
enter into agreements for the transfer of prisoners to, or placement
of prisoners in, community correctional centers and to enter into
contracts to provide housing, sustenance, and supervision for inmates
placed in community correctional centers. Existing law, until
January 1, 2017, waives any process, regulation, or requirement that
relates to entering into those agreements.
This bill would extend those provisions until January 1, 2020.
(14) Existing law allows any court or other agency or officer of
this state having power to commit or transfer an inmate to any
institution for confinement to commit or transfer that inmate to any
institution outside this state if this state has entered into a
contract or contracts for the confinement of inmates in that
institution and the inmate, if he or she was sentenced under
California law and has executed written consent to the transfer,
except that existing law, until January 1, 2017, allows the secretary
to transfer the inmate to a facility in another state without the
consent of the inmate.
This bill would extend the authority of the secretary to transfer
an inmate to a facility in another state without the consent of the
inmate until January 1, 2020.
(15) Existing law prohibits the transfer of an inmate to a
community correctional reentry facility unless certain conditions
have been met, including that the inmate has less than 120 days left
to serve in a correctional facility.
This bill would instead condition the transfer of an inmate to a
community correction reentry facility on the inmate having less than
one year left to serve in a correctional facility.
(16) Existing law requires the department to work with the
appropriate budget and policy committees of the Legislature and the
Legislative Analyst's Office to establish appropriate oversight,
evaluation, and accountability measures to be adopted as part of its
"future of corrections plan." Existing law requires the plan to
include periodic review by the Department of Finance's Office of
State Audits and Evaluations.
This bill would repeal those provisions.
(17) Existing law requires the Department of Corrections and
Rehabilitation to develop policies, as specified, related to the
department's contraband interdiction efforts for individuals entering
the department's detention facilities. Existing law requires the
department to conduct an evaluation of the policy within 2 years of
its implementation. Existing law requires this evaluation to include,
among other information, the amount of contraband found in the
prisons and the number of staff assaults that occurred in the prisons
where the policy was implemented.
This bill would require that the evaluation additionally include
the rates of drug use by inmates in the prisons where the policy was
implemented. The bill would also require the department to provide an
interim report detailing its evaluation of the policy to the
Legislature by June 30, 2016, and a final report to the Legislature
on April 30, 2017, as specified.
(18) Existing law requires the Department of Corrections and
Rehabilitation, when amending regulations impacting visitation of
inmates, to recognize and consider, among other things, the value of
visiting as a means to improve the safety of prisons for both staff
and inmates.
This bill would provide that inmates are not prohibited from
family visits based solely on the fact that the inmate was sentenced
to life without the possibility of parole or was sentenced to life
and is without a parole date established by the Board of Parole
Hearings.
(19) Existing law establishes the Commission on Correctional Peace
Officer Standards and Training within the Department of Corrections
and Rehabilitation and requires the commission to develop standards
for the selection and training of state correctional peace officer
apprentices.
This bill would require the commission, when developing,
approving, and monitoring the standards for the training of state
correctional peace officer apprentices, to consider including
additional training in the areas of mental health and rehabilitation,
as well as coursework on the theory and history of corrections.
(20) Existing law establishes the Commission on Peace Officer
Standards and Training within the Department of Justice, and requires
the commission to adopt rules regarding the minimum occupational
standards governing peace officers. Existing law requires the
commission to select a chairperson and vice chairperson from among
its members.
This bill would require the Governor to designate the chair of the
commission from among the members of the commission. The bill would
provide that the chair would serve at the pleasure of the Governor.
The bill would require the commission to annually select a vice chair
from among its members.
(21) Existing law authorizes the Department of Justice to require
each dealer to charge each firearm purchaser or transferee a fee not
to exceed $1 for each firearm transaction for the purpose of
supporting department program costs related to the Deadly Weapons
Recodification Act of 2010.
This bill would authorize the Department of Justice to increase
that fee at a rate not to exceed any increase in the California
Consumer Price Index and not to exceed the reasonable cost of
regulation to the department.
(22) Existing law establishes the Firearms Safety and Enforcement
Special Fund and continuously appropriates the moneys in the fund to
the Department of Justice for purposes relating to the regulation of
firearms. Existing law also authorizes the department to require
firearms dealers to charge each person who obtains a firearm a fee
not to exceed $5 for each transaction. Revenues from this fee are
deposited into the fund.
This bill would make the revenue deposited into that fund
available for expenditure by the department upon appropriation by the
Legislature. The bill would also authorize the department to
increase the $5 fee at a rate not to exceed any increase in the
California Consumer Price Index as compiled and reported by the
Department of Industrial Relations, and not to exceed the reasonable
cost of regulation to the department.
(23) The California Health Facilities Financing Authority Act
authorizes the California Health Facilities Financing Authority
(authority) to make loans from the continuously appropriated
California Health Facilities Financing Authority Fund to
participating health institutions for financing or refinancing the
acquisition, construction, or remodeling of health facilities.
This bill would provide that funds appropriated by the Legislature
to the authority for the purposes of the provisions of the bill be
made available to selected counties, city and county, or counties
acting jointly and used to establish a competitive grant program
designed to promote diversion programs and services by increasing and
expanding mental health treatment facilities, substance use disorder
treatment facilities, and trauma-centered service facilities,
including facilities providing services for sex trafficking victims,
domestic violence victims, and victims of other violent crimes, in
local communities, through the provision of infrastructure grants.
The bill would require the authority to develop and to consider
specified selection criteria for awarding grants, as prescribed. The
bill would require the authority to provide prescribed reports to the
fiscal and policy committees of the Legislature on April 1, 2018,
and annually until April 1, 2020. The bill would authorize the
authority to adopt emergency regulations to implement the grant
program, as prescribed. The bill would prohibit funds awarded by the
authority from being used to supplant existing financial and resource
commitments of the grantee.
(24) Existing law establishes state hospitals for the care,
treatment, and education of mentally disordered persons. These
hospitals are under the jurisdiction of the State Department of State
Hospitals, which is authorized by existing law to adopt regulations
regarding the conduct and management of these facilities. Existing
law requires that at least 20% of the 1,362 licensed beds at Napa
State Hospital be available in any given fiscal year for use by
counties for contracted services. Existing law also restricts the
placement of patients in the remaining beds, as specified.
This bill would delete these provisions pertaining to the
placement of patients in beds at Napa State Hospital.
(25) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 231 of the Code of Civil Procedure is amended
to read:
231. (a) In criminal cases, if the offense charged is punishable
with death, or with imprisonment in the state prison for life, the
defendant is entitled to 20 and the people to 20 peremptory
challenges. Except as provided in subdivision (b), in a trial for any
other offense, the defendant is entitled to 10 and the state to 10
peremptory challenges. When two or more defendants are jointly tried,
their challenges shall be exercised jointly, but each defendant
shall also be entitled to five additional challenges which may be
exercised separately, and the people shall also be entitled to
additional challenges equal to the number of all the additional
separate challenges allowed the defendants.
(b) If the offense charged is punishable with a maximum term of
imprisonment of one year 90 days or
less, the defendant is entitled to six and the state to six
peremptory challenges. When two or more defendants are jointly tried,
their challenges shall be exercised jointly, but each defendant
shall also be entitled to two four
additional challenges which may be exercised separately, and the
state shall also be entitled to additional challenges equal to the
number of all the additional separate challenges allowed the
defendants.
(c) In civil cases, each party shall be entitled to six peremptory
challenges. If there are more than two parties, the court shall, for
the purpose of allotting peremptory challenges, divide the parties
into two or more sides according to their respective interests in the
issues. Each side shall be entitled to eight peremptory challenges.
If there are several parties on a side, the court shall divide the
challenges among them as nearly equally as possible. If there are
more than two sides, the court shall grant such additional peremptory
challenges to a side as the interests of justice may require,
provided that the peremptory challenges of one side shall not exceed
the aggregate number of peremptory challenges of all other sides. If
any party on a side does not use his or her full share of peremptory
challenges, the unused challenges may be used by the other party or
parties on the same side.
(d) Peremptory challenges shall be taken or passed by the sides
alternately, commencing with the plaintiff or people, and each party
shall be entitled to have the panel full before exercising any
peremptory challenge. When each side passes consecutively, the jury
shall then be sworn, unless the court, for good cause, shall
otherwise order. The number of peremptory challenges remaining with a
side shall not be diminished by any passing of a peremptory
challenge.
(e) If all the parties on both sides pass consecutively, the jury
shall then be sworn, unless the court, for good cause, shall
otherwise order. The number of peremptory challenges remaining with a
side shall not be diminished by any passing of a peremptory
challenge.
(f) The Judicial Council shall conduct a study, and on or before
January 1, 2020, shall submit a report to the public safety
committees of both houses of the Legislature on the reductions in
peremptory challenges resulting from the enactment of the act that
added this subdivision. The study shall include, but not be limited
to, an examination of the number of peremptory challenges used by the
defendant and the state in misdemeanor jury trials, a representative
sample of the types of cases that go to jury trial, and the
resulting cost savings to the courts. The report submitted pursuant
to this subdivision shall be submitted in compliance with Section
9795 of the Government Code.
(g)
(f) This section shall remain in effect only until
January 1, 2021, 2017, and as of that
date is repealed, unless a later enacted statute, that is enacted
before January 1, 2021, 2017, deletes
or extends that date.
SEC. 2. Section 231 is added to the
Code of Civil Procedure , to read:
231. (a) In criminal cases, if the offense charged is punishable
with death, or with imprisonment in the state prison for life, the
defendant is entitled to 20 and the people to 20 peremptory
challenges. Except as provided in subdivision (b), in a trial for any
other offense, the defendant is entitled to 10 and the state to 10
peremptory challenges. When two or more defendants are jointly tried,
their challenges shall be exercised jointly, but each defendant
shall also be entitled to five additional challenges which may be
exercised separately, and the people shall also be entitled to
additional challenges equal to the number of all the additional
separate challenges allowed the defendants.
(b) If the offense charged is punishable with a maximum term of
imprisonment of one year or less, the defendant is entitled to six
and the state to six peremptory challenges. When two or more
defendants are jointly tried, their challenges shall be exercised
jointly, but each defendant shall also be entitled to two additional
challenges which may be exercised separately, and the state shall
also be entitled to additional challenges equal to the number of all
the additional separate challenges allowed the defendants.
(c) In civil cases, each party shall be entitled to six peremptory
challenges. If there are more than two parties, the court shall, for
the purpose of allotting peremptory challenges, divide the parties
into two or more sides according to their respective interests in the
issues. Each side shall be entitled to eight peremptory challenges.
If there are several parties on a side, the court shall divide the
challenges among them as nearly equally as possible. If there are
more than two sides, the court shall grant such additional peremptory
challenges to a side as the interests of justice may require,
provided that the peremptory challenges of one side shall not exceed
the aggregate number of peremptory challenges of all other sides. If
any party on a side does not use his or her full share of peremptory
challenges, the unused challenges may be used by the other party or
parties on the same side.
(d) Peremptory challenges shall be taken or passed by the sides
alternately, commencing with the plaintiff or people, and each party
shall be entitled to have the panel full before exercising any
peremptory challenge. When each side passes consecutively, the jury
shall then be sworn, unless the court, for good cause, shall
otherwise order. The number of peremptory challenges remaining with a
side shall not be diminished by any passing of a peremptory
challenge.
(e) If all the parties on both sides pass consecutively, the jury
shall then be sworn, unless the court, for good cause, shall
otherwise order. The number of peremptory challenges remaining with a
side shall not be diminished by any passing of a peremptory
challenge.
(f) The Judicial Council shall conduct a study, and on or before
January 1, 2020, shall submit a report to the public safety
committees of both houses of the Legislature on the reductions in
peremptory challenges resulting from the enactment of the act that
added this subdivision. The study shall include, but not be limited
to, an examination of the number of peremptory challenges used by the
defendant and the state in misdemeanor jury trials, a representative
sample of the types of cases that go to jury trial, and the
resulting cost savings to the courts. The report submitted pursuant
to this subdivision shall be submitted in compliance with Section
9795 of the Government Code.
(g) This section shall become operative on January 1, 2017.
(h) This section shall remain in effect only until January 1,
2021, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2021, deletes or extends
that date.
SEC. 2. SEC. 3. Section 231 is added
to the Code of Civil Procedure, to read:
231. (a) In criminal cases, if the offense charged is punishable
with death, or with imprisonment in the state prison for life, the
defendant is entitled to 20 and the people to 20 peremptory
challenges. Except as provided in subdivision (b), in a trial for any
other offense, the defendant is entitled to 10 and the state to 10
peremptory challenges. When two or more defendants are jointly tried,
their challenges shall be exercised jointly, but each defendant
shall also be entitled to five additional challenges which may be
exercised separately, and the people shall also be entitled to
additional challenges equal to the number of all the additional
separate challenges allowed the defendants.
(b) If the offense charged is punishable with a maximum term of
imprisonment of 90 days or less, the defendant is entitled to six and
the state to six peremptory challenges. When two or more defendants
are jointly tried, their challenges shall be exercised jointly, but
each defendant shall also be entitled to four additional challenges
which may be exercised separately, and the state shall also be
entitled to additional challenges equal to the number of all the
additional separate challenges allowed the defendants.
(c) In civil cases, each party shall be entitled to six peremptory
challenges. If there are more than two parties, the court shall, for
the purpose of allotting peremptory challenges, divide the parties
into two or more sides according to their respective interests in the
issues. Each side shall be entitled to eight peremptory challenges.
If there are several parties on a side, the court shall divide the
challenges among them as nearly equally as possible. If there are
more than two sides, the court shall grant such additional peremptory
challenges to a side as the interests of justice may require,
provided that the peremptory challenges of one side shall not exceed
the aggregate number of peremptory challenges of all other sides. If
any party on a side does not use his or her full share of peremptory
challenges, the unused challenges may be used by the other party or
parties on the same side.
(d) Peremptory challenges shall be taken or passed by the sides
alternately, commencing with the plaintiff or people;
people, and each party shall be entitled to have
the panel full before exercising any peremptory challenge. When each
side passes consecutively, the jury shall then be sworn, unless the
court, for good cause, shall otherwise order. The number of
peremptory challenges remaining with a side shall not be diminished
by any passing of a peremptory challenge.
(e) If all the parties on both sides pass consecutively, the jury
shall then be sworn, unless the court, for good cause, shall
otherwise order. The number of peremptory challenges remaining with a
side shall not be diminished by any passing of a peremptory
challenge.
(f) This section shall become operative on January 1, 2021.
SEC. 3. SEC. 4. Section 7522.57 of
the Government Code is amended to read:
7522.57. (a) This section shall apply to any retired person who
is receiving a pension benefit from a public retirement system and is
first appointed on or after January 1, 2013, to a salaried position
on a state board or commission. This section shall supersede any
other provision in conflict with this section.
(b) A person who is retired from a public retirement system may
serve without reinstatement from retirement or loss or interruption
of benefits provided that appointment is to a part-time state board
or commission. A retired person whose employment without
reinstatement is authorized by this subdivision shall acquire no
benefits, service credit, or retirement rights with respect to the
employment. Unless otherwise defined in statute, for the purpose of
this section, a part-time appointment shall mean an appointment with
a salary of no more than $60,000 annually, which shall be increased
in any fiscal year in which a general salary increase is provided for
state employees. The amount of the increase provided by this section
shall be comparable to, but shall not exceed, the percentage of the
general salary increases provided for state employees during that
fiscal year.
(c) A person who is retired from the Public Employees' Retirement
System shall not serve on a full-time basis on a state board or
commission without reinstatement unless that person serves as a
nonsalaried member of the board or commission and receives only per
diem authorized to all members of the board or commission. A person
who serves as a nonsalaried member of a board or commission shall not
earn any service credit or benefits in the Public Employees'
Retirement System or make contributions with respect to the service
performed.
(d) A person retired from a public retirement system other than
the Public Employees' Retirement System who is appointed on a
full-time basis to a state board or commission shall choose one of
the following options:
(1) The person may serve as a nonsalaried member of the board or
commission and continue to receive his or her retirement allowance,
in addition to any per diem authorized to all members of the board or
commission. The person shall not earn service credit or benefits in
the Public Employees' Retirement System and shall not make
contributions with respect to the service performed.
(2) (A) The person may suspend his or her retirement allowance or
allowances and instate as a new member of the Public Employees'
Retirement System for the service performed on the board or
commission. The pensionable compensation earned pursuant to this
paragraph shall not be eligible for reciprocity with any other
retirement system or plan.
(B) Upon retiring for service after serving on the board or
commission, the appointee shall be entitled to reinstatement of any
suspended benefits, including employer provided retiree health
benefits, that he or she was entitled to at the time of being
appointed to the board or commission.
(e) Notwithstanding subdivisions (c) and (d), a person who retires
from a public employer may serve without reinstatement from
retirement or loss or interruption of benefits provided by the
retirement system upon appointment to a full-time state board
pursuant to Section 5075 of the Penal Code or Section 1718 of the
Welfare and Institutions Code.
SEC. 4. SEC. 5. Section 11555 of the
Government Code is amended to read:
11555. (a) Effective January 1, 1988, an annual salary of
seventy-one thousand five hundred eighty-seven dollars ($71,587)
shall be paid to the following:
(1) Chairperson of the Board of Parole Hearings.
(2) Chairperson of the Occupational Safety and Health Appeals
Board.
(3) Chairperson of the Board of Juvenile Hearings.
(b) The annual compensation provided by this section shall be
increased in any fiscal year in which a general salary increase is
provided for state employees. The amount of the increase provided by
this section shall be comparable to, but shall not exceed, the
percentage of the general salary increases provided for state
employees during that fiscal year.
(c) Notwithstanding subdivision (b), any salary increase is
subject to Section 19825.5.
SEC. 5. SEC. 6. Section 11556 of the
Government Code is amended to read:
11556. (a) Effective January 1, 1988, an annual salary of
sixty-nine thousand seventy-six dollars ($69,076) shall be paid to
each of the following:
(1) Commissioner of the Board of Parole Hearings.
(2) Member of the Occupational Safety and Health Appeals Board.
(3) Commissioner of the Board of Juvenile Hearings.
(b) The annual compensation provided by this section shall be
increased in any fiscal year in which a general salary increase is
provided for state employees. The amount of the increase provided by
this section shall be comparable to, but shall not exceed, the
percentage of the general salary increases provided for state
employees during that fiscal year.
(c) Notwithstanding subdivision (b), any salary increase is
subject to Section 19825.5.
SEC. 6. SEC. 7. Section 12838 of the
Government Code is amended to read:
12838. (a) There is hereby created in state government the
Department of Corrections and Rehabilitation, to be headed by a
secretary, who shall be appointed by the Governor, subject to Senate
confirmation, and shall serve at the pleasure of the Governor. The
Department of Corrections and Rehabilitation shall consist of Adult
Operations, Adult Programs, Health Care Services, Juvenile Justice,
the Board of Parole Hearings, the Board of Juvenile Hearings, the
State Commission on Juvenile Justice, the Prison Industry Authority,
and the Prison Industry Board.
(b) The Governor, upon recommendation of the secretary, may
appoint three undersecretaries of the Department of Corrections and
Rehabilitation, subject to Senate confirmation. The undersecretaries
shall hold office at the pleasure of the Governor. One undersecretary
shall oversee administration and offender services, one
undersecretary shall oversee health care services, and one
undersecretary shall oversee operations for the department.
(c) The Governor, upon recommendation of the secretary, shall
appoint a Chief for the Office of Victim Services, and a Chief for
the Office of Correctional Safety, both of whom shall serve at the
pleasure of the Governor.
SEC. 7. SEC. 8. Section 12838.4 of
the Government Code is amended to read:
12838.4. The Board of Parole Hearings is hereby created. The
Board of Parole Hearings shall be comprised of 14 commissioners, who
shall be appointed by the Governor, subject to Senate confirmation,
for three-year terms. The Board of Parole Hearings hereby succeeds
to, and is vested with, all the powers, duties, responsibilities,
obligations, liabilities, and jurisdiction of the following entities,
which shall no longer exist: Board of Prison Terms, Narcotic Addict
Evaluation Authority, and Youthful Offender Parole Board. For
purposes of this article, the above entities shall be known as
"predecessor entities."
SEC. 8. SEC. 9. Section 68502.5 of
the Government Code is amended to read:
68502.5. (a) The Judicial Council may, as part of its trial court
budget process, seek input from groups and individuals as it deems
appropriate, including, but not limited to, advisory committees and
the Administrative Director of the Courts. The trial court budget
process may include, but is not limited to, the following:
(1) The receipt of budget requests from the trial courts.
(2) The review of the trial courts' budget requests and evaluate
them against performance criteria established by the Judicial Council
by which a court's performance, level of coordination, and
efficiency can be measured.
(3) The annual adoption of the projected cost in the subsequent
fiscal year of court operations as defined in Section 77003 for each
trial court. This estimation shall serve as a basis for recommended
court budgets, which shall be developed for comparison purposes and
to delineate funding responsibilities.
(4) The annual approval of a schedule for the allocation of moneys
to individual courts and an overall trial court budget for
forwarding to the Governor for inclusion in the Governor's proposed
State Budget. The schedule shall be based on the performance criteria
established pursuant to paragraph (2), on a minimum standard
established by the Judicial Council for the operation and staffing of
all trial court operations, and on any other factors as determined
by the Judicial Council. This minimum standard shall be modeled on
court operations using all reasonable and available measures to
increase court efficiency. The schedule of allocations shall assure
that all trial courts receive funding for the minimum operating and
staffing standards before funding operating and staffing requests
above the minimum standards, and shall include incentives and rewards
for any trial court's implementation of efficiencies and cost saving
measures.
(5) The reallocation of funds during the course of the fiscal year
to ensure equal access to the trial courts by the public, to improve
trial court operations, and to meet trial court emergencies. Neither
the state nor the counties shall have any obligation to replace
moneys appropriated for trial courts and reallocated pursuant to this
paragraph.
(6) The allocation of funds in the State Trial Court Improvement
and Modernization Fund to ensure equal access to trial courts by the
public, to improve trial court operations, and to meet trial court
emergencies, as expressly authorized by statute.
(7) Upon approval of the trial courts' budget by the Legislature,
the preparation during the course of the fiscal year of allocation
schedules for payments to the trial courts, consistent with Section
68085, which shall be submitted to the Controller's office at least
15 days before the due date of any allocation.
(8) The establishment of rules regarding a court's authority to
transfer trial court funding moneys from one functional category to
another in order to address needs in any functional category.
(9) At the request of the presiding judge of a trial court, an
independent review of the funding level of the court to determine
whether it is adequate to enable the court to discharge its statutory
and constitutional responsibilities.
(10) From time to time, a review of the level of fees charged by
the courts for various services and prepare recommended adjustments
for forwarding to the Legislature.
(11) Provisions set forth in rules adopted pursuant to Section
77206.
(b) Courts and counties shall establish procedures to allow for
the sharing of information as it relates to approved budget proposals
and expenditures that impact the respective court and county
budgets. The procedures shall include, upon the request of a court or
county, that a respective court or county shall provide the
requesting court or county a copy of its approved budget and, to the
extent possible, approved program expenditure component information
and a description of budget changes that are anticipated to have an
impact on the requesting court or county. The Judicial Council shall
provide to the Legislature on December 31, 2001, and yearly
thereafter, budget expenditure data at the program component level
for each court.
(c) (1) The Judicial Council shall retain the ultimate
responsibility to adopt a budget and allocate funding for the trial
courts and perform the other activities listed in subdivision (a)
that best assure their ability to carry out their functions, promote
implementation of statewide policies, and promote the immediate
implementation of efficiencies and cost saving measures in court
operations, in order to guarantee equal access to the courts.
(2) (A) When setting the allocations for trial courts, the
Judicial Council shall set a preliminary allocation in July of each
fiscal year. The preliminary allocation shall include an estimate of
available trial court reserves as of June 30 of the prior fiscal year
and each court's preliminary allocation shall be offset by the
amount of reserves in excess of the amount authorized to be carried
over pursuant to subdivision (b) of Section 77203. In January of each
fiscal year, after review of available trial court reserves as of
June 30 of the prior fiscal year, the Judicial Council shall finalize
allocations to trial courts and each court's finalized allocation
shall be offset by the amount of reserves in excess of the amount
authorized to be carried over pursuant to subdivision (b) of Section
77203.
(B) The Judicial Council shall hold a reserve of ten million
dollars ($10,000,000) in the Trial Court Trust Fund to be available
to trial courts for emergencies. The funding shall be administered by
the Judicial Council, and any funding allocated shall be replenished
on an annual basis from the trial court base allocations. The
Judicial Council shall establish a process for trial courts to apply
for emergency funding.
(C) The Judicial Council shall, no later than October 1 of each
year, report to the Legislature, pursuant to Section 9795, and to the
Department of Finance all requests and allocations made pursuant to
subparagraph (B) for the preceding year.
SEC. 9. SEC. 10. Section 68085.1 of
the Government Code, as amended by Section 22 of Chapter 913 of the
Statutes of 2014, is amended to read:
68085.1. (a) This section applies to all fees and fines that are
collected on or after January 1, 2006, under all of the following:
(1) Sections 177.5, 209, 403.060, 491.150, 631.3, 683.150,
704.750, 708.160, 724.100, 1134, 1161.2, 1218, and 1993.2 of,
subdivision (g) of Section 411.20 and subdivisions (c) and (g) of
Section 411.21 of, subdivision (b) of Section 631 of, and Chapter 5.5
(commencing with Section 116.110) of Title 1 of Part 1 of, the Code
of Civil Procedure.
(2) Section 3112 of the Family Code.
(3) Section 31622 of the Food and Agricultural Code.
(4) Subdivision (d) of Section 6103.5, Sections 68086 and 68086.1,
subdivision (d) of Section 68511.3, Sections 68926.1 and 69953.5,
and Chapter 5.8 (commencing with Section 70600).
(5) Section 103470 of the Health and Safety Code.
(6) Subdivisions (b) and (c) of Section 166 and Section 1214.1 of
the Penal Code.
(7) Sections 1835, 1851.5, 2343, 7660, and 13201 of the Probate
Code.
(8) Sections 14607.6 and 16373 of the Vehicle Code.
(9) Section 71386 of this code, Sections 304, 7851.5, and 9002 of
the Family Code, and Section 1513.1 of the Probate Code, if the
reimbursement is for expenses incurred by the court.
(10) Section 3153 of the Family Code, if the amount is paid to the
court for the cost of counsel appointed by the court to represent a
child.
(b) On and after January 1, 2006, each superior court shall
deposit all fees and fines listed in subdivision (a), as soon as
practicable after collection and on a regular basis, into a bank
account established for this purpose by the Administrative Office of
the Courts. Upon direction of the Administrative Office of the
Courts, the county shall
deposit civil assessments under Section 1214.1 of the Penal Code and
any other money it collects under the sections listed in subdivision
(a) as soon as practicable after collection and on a regular basis
into the bank account established for this purpose and specified by
the Administrative Office of the Courts. The deposits shall be made
as required by rules adopted by, and financial policies and
procedures authorized by, the Judicial Council under subdivision (a)
of Section 77206. Within 15 days after the end of the month in which
the fees and fines are collected, each court, and each county that
collects any fines or fees under subdivision (a), shall provide the
Administrative Office of the Courts with a report of the fees by
categories as specified by the Administrative Office of the Courts.
The Administrative Office of the Courts and any court may agree upon
a time period greater than 15 days, but in no case more than 30 days
after the end of the month in which the fees and fines are collected.
The fees and fines listed in subdivision (a) shall be distributed as
provided in this section.
(c) (1) Within 45 calendar days after the end of the month in
which the fees and fines listed in subdivision (a) are collected, the
Administrative Office of the Courts shall make the following
distributions:
(A) To the small claims advisory services, as described in
subdivision (f) of Section 116.230 of the Code of Civil Procedure.
(B) To dispute resolution programs, as described in subdivision
(b) of Section 68085.3 and subdivision (b) of Section 68085.4.
(C) To the county law library funds, as described in Sections
116.230 and 116.760 of the Code of Civil Procedure, subdivision (b)
of Section 68085.3, subdivision (b) of Section 68085.4, and Section
70621 of this code, and Section 14607.6 of the Vehicle Code.
(D) To the courthouse construction funds in the Counties of
Riverside, San Bernardino, and San Francisco, as described in
Sections 70622, 70624, and 70625.
(E) Commencing July 1, 2011, to the Trial Court Trust Fund, as
described in subdivision (e) of Section 70626, to be used by the
Judicial Council to implement and administer the civil representation
pilot program under Section 68651.
(2) If any distribution under this subdivision is delinquent, the
Administrative Office of the Courts shall add a penalty to the
distribution as specified in subdivision (i).
(d) Within 45 calendar days after the end of the month in which
the fees and fines listed in subdivision (a) are collected, the
amounts remaining after the distributions in subdivision (c) shall be
transmitted to the State Treasury for deposit in the Trial Court
Trust Fund and other funds as required by law. This remittance shall
be accompanied by a remittance advice identifying the collection
month and the appropriate account in the Trial Court Trust Fund or
other fund to which it is to be deposited. Upon the receipt of any
delinquent payment required under this subdivision, the Controller
shall calculate a penalty as provided under subdivision (i).
(e) From the money transmitted to the State Treasury under
subdivision (d), the Controller shall make deposits as follows:
(1) Into the State Court Facilities Construction Fund, the Judges'
Retirement Fund, and the Equal Access Fund, as described in
subdivision (c) of Section 68085.3 and subdivision (c) of Section
68085.4.
(2) Into the Health Statistics Special Fund, as described in
subdivision (b) of Section 70670 of this code and Section 103730 of
the Health and Safety Code.
(3) Into the Family Law Trust Fund, as described in Section 70674.
(4) Into the Immediate and Critical Needs Account of the State
Court Facilities Construction Fund, established in Section 70371.5,
as described in Sections 68085.3, 68085.4, and 70657.5, and
subdivision (e) of Section 70617.
(5) The remainder of the money shall be deposited into the Trial
Court Trust Fund.
(f) The amounts collected by each superior court under Section
116.232, subdivision (g) of Section 411.20, and subdivision (g) of
Section 411.21 of the Code of Civil Procedure, Sections 304, 3112,
3153, 7851.5, and 9002 of the Family Code, subdivision (d) of Section
6103.5, subdivision (d) of Section 68511.3 and Sections 68926.1,
69953.5, 70627, 70631, 70640, 70661, 70678, and 71386 of this code,
and Sections 1513.1, 1835, 1851.5, and 2343 of the Probate Code shall
be added to the monthly apportionment for that court under
subdivision (a) of Section 68085.
(g) If any of the fees provided in subdivision (a) are partially
waived by court order or otherwise reduced, and the fee is to be
divided between the Trial Court Trust Fund and any other fund or
account, the amount of the reduction shall be deducted from the
amount to be distributed to each fund in the same proportion as the
amount of each distribution bears to the total amount of the fee. If
the fee is paid by installment payments, the amount distributed to
each fund or account from each installment shall bear the same
proportion to the installment payment as the full distribution to
that fund or account does to the full fee. If a court collects a fee
that was incurred before January 1, 2006, under a provision that was
the predecessor to one of the paragraphs contained in subdivision
(a), the fee may be deposited as if it were collected under the
paragraph of subdivision (a) that corresponds to the predecessor of
that paragraph and distributed in prorated amounts to each fund or
account to which the fee in subdivision (a) must be distributed.
(h) Except as provided in Sections 470.5 and 6322.1 of the
Business and Professions Code, and Sections 70622, 70624, and 70625
of this code, an agency shall not take action to change the amounts
allocated to any of the funds described in subdivision (c), (d), or
(e).
(i) The amount of the penalty on any delinquent payment under
subdivision (c) or (d) shall be calculated by multiplying the amount
of the delinquent payment at a daily rate equivalent to 11/2 percent
per month for the number of days the payment is delinquent. The
penalty shall be paid from the Trial Court Trust Fund. Penalties on
delinquent payments under subdivision (d) shall be calculated only on
the amounts to be distributed to the Trial Court Trust Fund and the
State Court Facilities Construction Fund, and each penalty shall be
distributed proportionately to the funds to which the delinquent
payment was to be distributed.
(j) If a delinquent payment under subdivision (c) or (d) results
from a delinquency by a superior court under subdivision (b), the
court shall reimburse the Trial Court Trust Fund for the amount of
the penalty. Notwithstanding Section 77009, any penalty on a
delinquent payment that a court is required to reimburse pursuant to
this section shall be paid from the court operations fund for that
court. The penalty shall be paid by the court to the Trial Court
Trust Fund no later than 45 days after the end of the month in which
the penalty was calculated. If the penalty is not paid within the
specified time, the Administrative Office of the Courts may reduce
the amount of a subsequent monthly allocation to the court by the
amount of the penalty on the delinquent payment.
(k) If a delinquent payment under subdivision (c) or (d) results
from a delinquency by a county in transmitting fees and fines listed
in subdivision (a) to the bank account established for this purpose,
as described in subdivision (b), the county shall reimburse the Trial
Court Trust Fund for the amount of the penalty. The penalty shall be
paid by the county to the Trial Court Trust Fund no later than 45
days after the end of the month in which the penalty was calculated.
SEC. 10. SEC. 11. Section 68085.1 of
the Government Code, as amended by Section 19 of Chapter 41 of the
Statutes of 2012, is repealed.
SEC. 11. SEC. 12. Section 68651 of
the Government Code is amended to read:
68651. (a) Legal counsel shall be appointed to represent
low-income parties in civil matters involving critical issues
affecting basic human needs in those specified courts selected by the
Judicial Council as provided in this section.
(b) (1) Subject to funding specifically provided for this purpose
pursuant to subdivision (e) of Section 70626, the Judicial Council
shall develop one or more model pilot projects in selected courts
pursuant to a competitive grant process and a request for proposals.
Projects authorized under this section shall provide representation
of counsel for low-income persons who require legal services in civil
matters involving housing-related matters, domestic violence and
civil harassment restraining orders, probate conservatorships,
guardianships of the person, elder abuse, or actions by a parent to
obtain sole legal or physical custody of a child, as well as
providing court procedures, personnel, training, and case management
and administration methods that reflect best practices to ensure
unrepresented parties in those cases have meaningful access to
justice, and to gather information on the outcomes associated with
providing these services, to guard against the involuntary waiver of
those rights or their disposition by default. These pilot projects
should be designed to address the substantial inequities in timely
and effective access to justice that often give rise to an undue risk
of erroneous decision because of the nature and complexity of the
law and the proceeding or disparities between the parties in
education, sophistication, language proficiency, legal
representation, access to self-help, and alternative dispute
resolution services. In order to ensure that the scarce funds
available for the program are used to serve the most critical cases
and the parties least able to access the courts without
representation, eligibility for representation shall be limited to
clients whose household income falls at or below 200 percent of the
federal poverty level. Projects shall impose asset limitations
consistent with their existing practices in order to ensure optimal
use of funds.
(2) (A) In light of the significant percentage of parties who are
unrepresented in family law matters, proposals to provide counsel in
child custody cases should be considered among the highest priorities
for funding, particularly when one side is represented and the other
is not.
(B) Up to 20 percent of available funds shall be directed to
projects regarding civil matters involving actions by a parent to
obtain sole legal or physical custody of a child. This subparagraph
shall not apply to distributions made pursuant to paragraph (3).
(3) For the 2012-13 fiscal year, and each subsequent fiscal year,
any amounts collected pursuant to subdivision (e) of Section 70626 in
excess of the total amount transferred to the Trial Court Trust Fund
in the 2011-12 fiscal year pursuant to subparagraph (E) of paragraph
(1) of subdivision (c) of Section 68085.1 and subdivision (e) of
Section 70626 shall be distributed by the Judicial Council without
regard to subparagraph (B) of paragraph (2). Those amounts may be
distributed by the Judicial Council as set forth in this subdivision.
If the funds are to be distributed to new projects, the Judicial
Council shall distribute those amounts pursuant to the process set
forth in this subdivision.
(4) Each project shall be a partnership between the court, a
qualified legal services project, as defined by subdivision (a) of
Section 6213 of the Business and Professions Code, that shall serve
as the lead agency for case assessment and direction, and other legal
services providers in the community who are able to provide the
services for the project. The lead legal services agency shall be the
central point of contact for receipt of referrals to the project and
to make determinations of eligibility based on uniform criteria. The
lead legal services agency shall be responsible for providing
representation to the clients or referring the matter to one of the
organization or individual providers with whom the lead legal
services agency contracts to provide the service. Funds received by a
qualified legal services project shall not qualify as expenditures
for the purposes of the distribution of funds pursuant to Section
6216 of the Business and Professions Code. To the extent practical,
the lead legal services agency shall identify and make use of pro
bono services in order to maximize available services efficiently and
economically. Recognizing that not all indigent parties can be
afforded representation, even when they have meritorious cases, the
court partner shall, as a corollary to the services provided by the
lead legal services agency, be responsible for providing procedures,
personnel, training, and case management and administration practices
that reflect best practices to ensure unrepresented parties
meaningful access to justice and to guard against the involuntary
waiver of rights, as well as to encourage fair and expeditious
voluntary dispute resolution, consistent with principles of judicial
neutrality.
(5) The participating projects shall be selected by a committee
appointed by the Judicial Council with representation from key
stakeholder groups, including judicial officers, legal services
providers, and others, as appropriate. The committee shall assess the
applicants' capacity for success, innovation, and efficiency,
including, but not limited to, the likelihood that the project would
deliver quality representation in an effective manner that would meet
critical needs in the community and address the needs of the court
with regard to access to justice and calendar management, and the
unique local unmet needs for representation in the community.
Projects approved pursuant to this section shall initially be
authorized for a three-year period, commencing July 1, 2011, subject
to renewal for a period to be determined by the Judicial Council, in
consultation with the participating project in light of the project's
capacity and success. After the initial three-year period, the
Judicial Council shall distribute any future funds available as the
result of the termination or nonrenewal of a project pursuant to the
process set forth in this subdivision. Projects shall be selected on
the basis of whether in the cases proposed for service the persons to
be assisted are likely to be opposed by a party who is represented
by counsel. The Judicial Council shall also consider the following
factors in selecting the projects:
(A) The likelihood that representation in the proposed case type
tends to affect whether a party prevails or otherwise obtains a
significantly more favorable outcome in a matter in which they would
otherwise frequently have judgment entered against them or suffer the
deprivation of the basic human need at issue.
(B) The likelihood of reducing the risk of erroneous decision.
(C) The nature and severity of potential consequences for the
unrepresented party regarding the basic human need at stake if
representation is not provided.
(D) Whether the provision of legal services may eliminate or
reduce the potential need for and cost of public social services
regarding the basic human need at stake for the client and others in
the client's household.
(E) The unmet need for legal services in the geographic area to be
served.
(F) The availability and effectiveness of other types of court
services, such as self-help.
(6) Each applicant shall do all of the following:
(A) Identify the nature of the partnership between the court, the
lead legal services agency, and the other agencies or other providers
that would work within the project.
(B) Describe the referral protocols to be used, the criteria that
would be employed in case assessment, why those cases were selected,
the manner to address conflicts without violating any attorney-client
privilege when adverse parties are seeking representation through
the project, and the means for serving potential clients who need
assistance with English.
(C) Describe how the project would be administered, including how
the data collection requirements would be met without causing an
undue burden on the courts, clients, or the providers, the particular
objectives of the project, strategies to evaluate their success in
meeting those objectives, and the means by which the project would
serve the particular needs of the community, such as by providing
representation to limited-English-speaking clients.
(7) To ensure the most effective use of the funding available, the
lead legal services agency shall serve as a hub for all referrals,
and the point at which decisions are made about which referrals will
be served and by whom. Referrals shall emanate from the court, as
well as from the other agencies providing services through the
program, and shall be directed to the lead legal services agency for
review. That agency, or another agency or attorney in the event of
conflict, shall collect the information necessary to assess whether
the case should be served. In performing that case assessment, the
agency shall determine the relative need for representation of the
litigant, including all of the following:
(A) Case complexity.
(B) Whether the other party is represented.
(C) The adversarial nature of the proceeding.
(D) The availability and effectiveness of other types of services,
such as self-help, in light of the potential client and the nature
of the case.
(E) Language issues.
(F) Disability access issues.
(G) Literacy issues.
(H) The merits of the case.
(I) The nature and severity of potential consequences for the
potential client if representation is not provided.
(J) Whether the provision of legal services may eliminate or
reduce the need for, and cost of, public social services for the
potential client and others in the potential client's household.
(8) If both parties to a dispute are financially eligible for
representation, each proposal shall ensure that representation for
both sides is evaluated. In these and other cases in which conflict
issues arise, the lead legal services agency shall have referral
protocols with other agencies and providers, such as a private
attorney panel, to address those conflicts.
(9) Each pilot project shall be responsible for keeping records on
the referrals accepted and those not accepted for representation,
and the reasons for each, in a manner that does not violate
privileged communications between the agency and the prospective
client. Each pilot project shall be provided with standardized data
collection tools, and required to track case information for each
referral to allow the evaluation to measure the number of cases
served, the level of service required, and the outcomes for the
clients in each case. In addition to this information on the effect
of the representation on the clients, data shall be collected
regarding the outcomes for the trial courts.
(10) A local advisory committee shall be formed for each pilot
project, to include representatives of the bench and court
administration, the lead legal services agency, and the other
agencies or providers that are part of the local project team. The
role of the advisory committee is to facilitate the administration of
the local pilot project, and to ensure that the project is
fulfilling its objectives. In addition, the committee shall resolve
any issues that arise during the course of the pilot project,
including issues concerning case eligibility, and recommend changes
in project administration in response to implementation challenges.
The committee shall meet at least monthly for the first six months of
the project, and no less than quarterly for the duration of the
pilot period. Each authorized pilot project shall catalog changes to
the program made during the three-year period based on its
experiences with best practices in serving the eligible population.
(c) The Judicial Council shall conduct a study to demonstrate the
effectiveness and continued need for the pilot program established
pursuant to this section and shall report its findings and
recommendations to the Governor and the Legislature on or before
January 31, 2016. The study shall report on the percentage of funding
by case type and shall include data on the impact of counsel on
equal access to justice and the effect on court administration and
efficiency, and enhanced coordination between courts and other
government service providers and community resources. This report
shall describe the benefits of providing representation to those who
were previously not represented, both for the clients and the courts,
as well as strategies and recommendations for maximizing the benefit
of that representation in the future. The report shall describe and
include data, if available, on the impact of the pilot program on
families and children. The report also shall include an assessment of
the continuing unmet needs and, if available, data regarding those
unmet needs.
(d) This section shall not be construed to negate, alter, or limit
any right to counsel in a criminal or civil action or proceeding
otherwise provided by state or federal law.
SEC. 12. SEC. 13. Section 70626 of
the Government Code, as amended by Section 45 of Chapter 41 of the
Statutes of 2012, is amended to read:
70626. (a) The fee for each of the following services is
twenty-five dollars ($25). Subject to subdivision (e), amounts
collected shall be distributed to the Trial Court Trust Fund under
Section 68085.1.
(1) Issuing a writ of attachment, a writ of mandate, a writ of
execution, a writ of sale, a writ of possession, a writ of
prohibition, or any other writ for the enforcement of any order or
judgment.
(2) Issuing an abstract of judgment.
(3) Issuing a certificate of satisfaction of judgment under
Section 724.100 of the Code of Civil Procedure.
(4) Certifying a copy of any paper, record, or proceeding on file
in the office of the clerk of any court.
(5) Taking an affidavit, except in criminal cases or adoption
proceedings.
(6) Acknowledgment of any deed or other instrument, including the
certificate.
(7) Recording or registering any license or certificate, or
issuing any certificate in connection with a license, required by
law, for which a charge is not otherwise prescribed.
(8) Issuing any certificate for which the fee is not otherwise
fixed.
(b) The fee for each of the following services is thirty dollars
($30). Subject to subdivision (e), amounts collected shall be
distributed to the Trial Court Trust Fund under Section 68085.1.
(1) Issuing an order of sale.
(2) Receiving and filing an abstract of judgment rendered by a
judge of another court and subsequent services based on it, unless
the abstract of judgment is filed under Section 704.750 or 708.160 of
the Code of Civil Procedure.
(3) Filing a confession of judgment under Section 1134 of the Code
of Civil Procedure.
(4) Filing an application for renewal of judgment under Section
683.150 of the Code of Civil Procedure.
(5) Issuing a commission to take a deposition in another state or
place under Section 2026.010 of the Code of Civil Procedure, or
issuing a subpoena under Section 2029.300 to take a deposition in
this state for purposes of a proceeding pending in another
jurisdiction.
(6) Filing and entering an award under the Workers' Compensation
Law (Division 4 (commencing with Section 3200) of the Labor Code).
(7) Filing an affidavit of publication of notice of dissolution of
partnership.
(8) Filing an appeal of a determination whether a dog is
potentially dangerous or vicious under Section 31622 of the Food and
Agricultural Code.
(9) Filing an affidavit under Section 13200 of the Probate Code,
together with the issuance of one certified copy of the affidavit
under Section 13202 of the Probate Code.
(10) Filing and indexing all papers for which a charge is not
elsewhere provided, other than papers filed in actions or special
proceedings, official bonds, or certificates of appointment.
(c) The fee for filing a first petition under Section 2029.600 or
2029.620 of the Code of Civil Procedure, if the petitioner is not a
party to the out-of-state case, is eighty dollars ($80). Amounts
collected shall be distributed to the Trial Court Trust Fund pursuant
to Section 68085.1.
(d) The fee for delivering a will to the clerk of the superior
court in which the estate of a decedent may be administered, as
required by Section 8200 of the Probate Code, is fifty dollars ($50).
(e) An amount equivalent to ten dollars ($10) of each fee
collected pursuant to subdivisions (a) and (b) shall be used by the
Judicial Council for the expenses of the Judicial Council in
implementing and administering the civil representation pilot program
under Section 68651.
SEC. 13. SEC. 14. Section 70626 of
the Government Code, as amended by Section 46 of Chapter 41 of the
Statutes of 2012, is repealed.
SEC. 14. SEC. 15. The Legislature
hereby finds and declares all of the following:
(a) The courts provide various and diverse services to the public
that are necessary for the protection of the fundamental liberties of
our society.
(b) Court services are heavily subsidized by the General Fund. If
the total cost were passed on to the user, it would result in
prohibitively expensive fees for even minor transactions.
(c) Traditionally, funding for many court-administered programs
has been linked to the filing and processing of court documents.
(d) The linking of filing fees and the allocation of amounts
equivalent to specified percentages of those fees to various programs
provides an accounting mechanism, as a way to estimate how much
funding a program will receive and to direct that funding, and is not
intended to be indicative of the actual distribution of the specific
fees or the cost of the actual services provided, for which General
Fund moneys are largely used.
SEC. 15. SEC. 16. Section 320.6 of
the Penal Code is amended to read:
320.6. (a) Notwithstanding Section 320.5, this section shall
apply to an eligible organization, as defined in subdivision (c).
(b) A raffle conducted by an eligible organization, as defined in
subdivision (c), for the purpose of directly supporting beneficial or
charitable purposes or financially supporting another private,
nonprofit eligible organization, as defined in subdivision (c) of
Section 320.5, that performs beneficial or charitable purposes may be
conducted in accordance with this section.
(c) For purposes of this section, "eligible organization" means a
private, nonprofit organization established by, or affiliated with, a
team from the Major League Baseball, National Hockey League,
National Basketball
Association, National Football League, Women's National Basketball
Association, or Major League Soccer, or a private, nonprofit
organization established by the Professional Golfers' Association of
America, Ladies Professional Golf Association, or National
Association for Stock Car Auto Racing that has been qualified to
conduct business in California for at least one year before
conducting a raffle, is qualified for an exemption under Section 501
(c)(3) of the Internal Revenue Code, and is exempt from taxation
pursuant to Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g,
23701k, 23701 l , 23701t, or 23701w of the Revenue and
Taxation Code.
(d) For purposes of this section, "raffle" means a scheme for the
distribution of prizes by chance among persons who have paid money
for paper tickets that provide the opportunity to win these prizes,
in which all of the following are true:
(1) Each ticket sold contains a unique and matching identifier.
(2) (A) Winners of the prizes are determined by a manual draw from
tickets described in paragraph (1) that have been sold for entry in
the manual draw.
(B) An electronic device may be used to sell tickets. The ticket
receipt issued by the electronic device to the purchaser may include
more than one unique and matching identifier, representative of and
matched to the number of tickets purchased in a single transaction.
(C) A random number generator is not used for the manual draw or
to sell tickets.
(D) The prize paid to the winner is comprised of one-half or 50
percent of the gross receipts generated from the sale of raffle
tickets for a raffle.
(3) The manual draw is conducted in California under the
supervision of a natural person who meets all of the following
requirements:
(A) The person is 18 years of age or older.
(B) The person is affiliated with the eligible organization
conducting the raffle.
(C) The person is registered with the Department of Justice
pursuant to paragraph (4) of subdivision (o).
(4) (A) Fifty percent of the gross receipts generated from the
sale of raffle tickets for any given manual draw are used by the
eligible organization conducting the raffle to benefit or provide
support for beneficial or charitable purposes, or used to benefit
another private, nonprofit organization, provided that an
organization receiving these funds is itself an eligible organization
as defined in subdivision (c) of Section 320.5. As used in this
section, "beneficial purposes" excludes purposes that are intended to
benefit officers, directors, or members, as defined by Section 5056
of the Corporations Code, of the eligible organization. Funds raised
by raffles conducted pursuant to this section shall not be used to
fund any beneficial, charitable, or other purpose outside of
California. This section does not preclude an eligible organization
from using funds from sources other than the sale of raffle tickets
to pay for the administration or other costs of conducting a raffle.
(B) An employee of an eligible organization who is a direct seller
of raffle tickets shall not be treated as an employee for purposes
of workers' compensation under Section 3351 of the Labor Code if the
following conditions are satisfied:
(i) Substantially all of the remuneration, whether or not paid in
cash, for the performance of the service of selling raffle tickets is
directly related to sales rather than to the number of hours worked.
(ii) The services performed by the person are performed pursuant
to a written contract between the seller and the eligible
organization and the contract provides that the person will not be
treated as an employee with respect to the selling of raffle tickets
for workers' compensation purposes.
(C) For purposes of this section, an employee selling raffle
tickets shall be deemed to be a direct seller as described in Section
650 of the Unemployment Insurance Code as long as he or she meets
the requirements of that section.
(e) A person who receives compensation in connection with the
operation of the raffle shall be an employee of the eligible
organization that is conducting the raffle, and in no event may
compensation be paid from revenues required to be dedicated to
beneficial or charitable purposes.
(f) A raffle ticket shall not be sold in exchange for Bitcoin or
any other cryptocurrency.
(g) A raffle otherwise permitted under this section shall not be
conducted by means of, or otherwise utilize, any gaming machine that
meets the definition of slot machine contained in Section 330a, 330b,
or 330.1.
(h) (1) A raffle otherwise permitted under this section shall not
be conducted, nor may tickets for a raffle be sold, within an
operating satellite wagering facility or racetrack inclosure licensed
pursuant to the Horse Racing Law (Chapter 4 (commencing with Section
19400) of Division 8 of the Business and Professions Code) or within
a gambling establishment licensed pursuant to the Gambling Control
Act (Chapter 5 (commencing with Section 19800) of Division 8 of the
Business and Professions Code).
(2) A raffle shall not be operated or conducted in any manner over
the Internet, nor may raffle tickets be sold, traded, or redeemed
over the Internet. For purposes of this paragraph, an eligible
organization shall not be deemed to operate or conduct a raffle over
the Internet, or sell raffle tickets over the Internet, if the
eligible organization advertises its raffle on the Internet or
permits others to do so. Information that may be conveyed on an
Internet Web site pursuant to this paragraph includes, but is not
limited to, all of the following:
(A) Lists, descriptions, photographs, or videos of the raffle
prizes.
(B) Lists of the prize winners.
(C) The rules of the raffle.
(D) Frequently asked questions and their answers.
(E) Raffle entry forms, which may be downloaded from the Internet
Web site for manual completion by raffle ticket purchasers, but shall
not be submitted to the eligible organization through the Internet.
(F) Raffle contact information, including the eligible
organization's name, address, telephone number, facsimile number, or
email address.
(i) An individual, corporation, partnership, or other legal entity
shall not hold a financial interest in the conduct of a raffle,
except the eligible organization that is itself authorized to conduct
that raffle, and any private, nonprofit, eligible organizations
receiving financial support from that charitable organization
pursuant to subdivisions (b) and (d).
(j) (1) An eligible organization may conduct a major league sports
raffle only at a home game.
(2) An eligible organization shall not conduct more than one major
league sports raffle per home game.
(k) An employee shall not sell raffle tickets in any seating area
designated as a family section.
(l) An eligible organization shall disclose to all ticket
purchasers the designated private, nonprofit, eligible organization
for which the raffle is being conducted.
(m) An eligible organization that conducts a raffle to financially
support another private, nonprofit eligible organization, as defined
in subdivision (c) of Section 320.5, shall distribute all proceeds
not paid out to the winners of the prizes to the private, nonprofit
organization within 15 days of conducting the raffle, in accordance
with this section.
(n) Any raffle prize remaining unclaimed by a winner at the end of
the season for a team with an affiliated eligible organization that
conducted a raffle to financially support another private, nonprofit
eligible organization, as defined in subdivision (c) of Section
320.5, shall be donated within 30 days from the end of the season by
the eligible organization to the designated private, nonprofit
organization for which the raffle was conducted.
(o) (1) (A) An eligible organization shall not conduct a raffle
authorized under this section, unless it has a valid registration
issued by the Department of Justice. The department shall furnish a
registration form via the Internet or upon request to eligible
nonprofit organizations. The department shall, by regulation, collect
only the information necessary to carry out the provisions of this
section on this form. This information shall include, but is not
limited to, the following:
(i) The name and address of the eligible organization.
(ii) The federal tax identification number, the corporate number
issued by the Secretary of State, the organization number issued by
the Franchise Tax Board, or the California charitable trust
identification number of the eligible organization.
(iii) The name and title of a responsible fiduciary of the
organization.
(B) (i) The department may require an eligible organization to pay
a minimum annual registration fee of five thousand dollars ($5,000)
to cover the reasonable costs of the department to administer and
enforce this section.
(ii) An eligible organization shall pay, in addition to the annual
registration application fee, one hundred dollars ($100) for every
individual raffle conducted at an eligible location to cover the
reasonable costs of the department to administer and enforce this
section. This fee shall be submitted in conjunction with the annual
registration form.
(2) (A) A manufacturer or distributor of raffle-related products
or services shall not conduct business with an eligible organization
for purposes of conducting a raffle pursuant to this section unless
the manufacturer or distributor has a valid annual registration
issued by the department.
(B) The department may require a manufacturer or distributor of
raffle-related products or services to pay a minimum annual
registration fee of five thousand dollars ($5,000) to cover the
reasonable costs of the department to administer and enforce this
section.
(3) An eligible organization shall register the equipment used in
the sale and distribution of raffle tickets, and shall have the
equipment tested by an independent gaming testing lab.
(4) (A) A person affiliated with an eligible organization who
conducts the manual draw shall annually register with the department.
(B) The department may require a person affiliated with an
eligible organization who conducts the manual draw to pay a minimum
annual registration fee of ten dollars ($10) to cover the reasonable
costs of the department to administer and enforce this section.
(5) (A) The department may, by regulation, adjust the annual
registration fees described in this section as needed to ensure that
revenues will fully offset, but not exceed, the reasonable costs
incurred by the department pursuant to this section. The fees shall
be deposited by the department into the Major League Sporting Event
Raffle Fund, which is hereby created in the State Treasury.
(B) A loan is hereby authorized from the General Fund to the Major
League Sporting Event Raffle Fund on or after July 1, 2016, in an
amount of up to one million five thousand dollars ($1,005,000) to
address department workload related to the initial implementation
activities relating to this section by the department's Indian and
Gaming Law Section. The terms and conditions of the loan shall first
be approved by the Department of Finance pursuant to appropriate
fiscal standards. The loan shall be subject to all of the following
conditions:
(i) Of the total amount loaned, no more than three hundred
thirty-five thousand dollars ($335,000) shall be provided annually to
the department.
(ii) The loan shall be repaid to the General Fund as soon as there
is sufficient money in the Major League Sporting Event Raffle Fund
to repay the loan, but no later than December 31, 2018.
(iii) Interest on the loan shall be paid from the Major League
Sporting Event Raffle Fund at the rate accruing to moneys in the
Pooled Money Investment Account.
(6) The department shall receive moneys for the costs incurred
pursuant to this section subject to an appropriation by the
Legislature.
(7) The department shall adopt, on or before June 1, 2016,
regulations necessary to effectuate this section, including emergency
regulations, pursuant to the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code).
(8) The department shall maintain an automated database of all
registrants.
(9) A local law enforcement agency shall notify the department of
any arrests or investigation that may result in an administrative or
criminal action against a registrant.
(10) The department may investigate all suspected violations of
this section or any regulation adopted pursuant to this section, or
any activity that the registrant has engaged in that is not in the
best interests of the public's health, safety, or general welfare as
it pertains to charitable raffles.
(11) The department may audit the records and other documents of a
registrant to ensure compliance with this section, and may charge a
registrant the direct costs associated with an audit conducted
pursuant to this paragraph.
(12) (A) Once registered, an eligible organization shall file
annually thereafter with the department a report that includes all of
the following information for each of the eligible organization's
last three fiscal years:
(i) The aggregate gross receipts from the operation of raffles.
(ii) The aggregate direct costs incurred by the eligible
organization from the operation of raffles.
(iii) The charitable or beneficial purposes for which proceeds of
the raffles were used.
(iv) The aggregate distributions of proceeds from the operation of
raffles made to directly support beneficial or charitable purposes,
other than beneficial or charitable purposes undertaken by the
eligible organization, or eligible recipient organizations, under
subdivision (c) of Section 320.5.
(v) The aggregate distributions of proceeds from the operation of
raffles made to raffle winners.
(vi) The aggregate distributions of proceeds from the operation of
raffles made to any other organizations, or for any other purposes,
other than those included in clauses (ii), (iv), and (v).
(vii) A schedule of distributions of proceeds from the operation
of raffles, by individual raffle, made to eligible recipient
organizations under subdivision (c) of Section 320.5 that are not
affiliated with the eligible organization.
(viii) A schedule of distributions of proceeds from the operation
of raffles, by individual raffle, made to eligible recipient
organizations under subdivision (c) of Section 320.5 that are
affiliated with the eligible organization.
(ix) A schedule of distributions of proceeds from the operation of
raffles, by individual raffle, made to any other organization not
included under clause (vii) or (viii), or for beneficial or
charitable purposes undertaken by the eligible organization.
(x) The aggregate gross receipts from activities other than the
operation of raffles.
(xi) The aggregate costs incurred by the eligible organization
from activities other than the operation of raffles.
(xii) The aggregate distributions of funds other than proceeds
from the operation of raffles made to directly support beneficial or
charitable purposes or eligible recipient organizations under
subdivision (c) of Section 320.5.
(xiii) The aggregate distributions of funds other than proceeds
from the operation of raffles for purposes other than those listed in
clauses (xi) and (xii).
(xiv) A schedule of distributions of funds other than proceeds
from the operation of raffles made to eligible recipient
organizations under subdivision (c) of Section 320.5 that are not
affiliated with the eligible organization.
(xv) A schedule of distributions of funds other than proceeds from
the operation of raffles made to any other organization not included
under clause (xiv), or for beneficial or charitable purposes
undertaken by the eligible organization.
(B) Failure to submit the annual report to the department as
required in this paragraph shall be grounds for denial of an annual
registration.
(C) The department shall make the reports required by this
paragraph available to the public via the online search portal of the
Attorney General's Registry of Charitable Trusts maintained pursuant
to Section 12584 of the Government Code.
(13) The department shall annually furnish to registrants a form
to collect this information.
(p) The department may take legal action against a registrant if
it determines that the registrant has violated this section or a
regulation adopted pursuant to this section, or that the registrant
has engaged in any conduct that is not in the best interests of the
public's health, safety, or general welfare. An action taken pursuant
to this subdivision does not prohibit the commencement of an
administrative or criminal action by the Attorney General, a district
attorney, city attorney, or county counsel.
(q) An action and hearing conducted to deny, revoke, or suspend a
registry, or other administrative action taken against a registrant,
shall be conducted pursuant to the Administrative Procedure Act
(Chapters 4.5 (commencing with Section 11400) and 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code). The department may seek civil remedies, including imposing
fines, for violations of this section, and may seek recovery of the
costs incurred in investigating or prosecuting an action against a
registrant or applicant in accordance with those procedures specified
in Section 125.3 of the Business and Professions Code. A proceeding
conducted under this subdivision is subject to judicial review
pursuant to Section 1094.5 of the Code of Civil Procedure. A
violation of this section shall not constitute a crime.
(r) This section shall remain in effect only until December 31,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before December 31, 2018, deletes or extends
that date.
SEC. 16. SEC. 17. Chapter 2.92
(commencing with Section 1001.85) is added to Title 6 of Part 2 of
the Penal Code, to read:
CHAPTER 2.92. LAW ENFORCEMENT ASSISTED DIVERSION (LEAD) PILOT
PROGRAM
1001.85. (a) The Law Enforcement Assisted Diversion (LEAD) pilot
program is hereby established. The purpose of the LEAD program is to
improve public safety and reduce recidivism by increasing the
availability and use of social service resources while reducing costs
to law enforcement agencies and courts stemming from repeated
incarceration.
(b) LEAD pilot programs shall be consistent with the following
principles, implemented to address and reflect the priorities of the
community in which the program exists:
(1) Providing intensive case management services and an
individually tailored intervention plan that acts as a blueprint for
assisting LEAD participants.
(2) Prioritizing temporary and permanent housing that includes
individualized supportive services, without preconditions of drug or
alcohol treatment or abstinence from drugs or alcohol.
(3) Employing human and social service resources in coordination
with law enforcement in a manner that improves individual outcomes
and community safety, and promotes community wellness.
(4) Participation in LEAD services shall be voluntary throughout
the duration of the program and shall not require abstinence from
drug or alcohol use as a condition of continued participation.
1001.86. (a) The LEAD program shall be administered by the Board
of State and Community Corrections.
(b) The board shall award grants, on a competitive basis, to up to
three jurisdictions as authorized by this chapter. The board shall
establish minimum standards, funding schedules, and procedures for
awarding grants, which shall take into consideration, but not be
limited to, all of the following:
(1) Information from the applicant demonstrating a clear
understanding of the program's purpose and the applicant's
willingness and ability to implement the LEAD program as described in
this chapter.
(2) Key local partners who would be committed to, and involved in,
the development and successful implementation of a LEAD program,
including, but not limited to, balanced representation from law
enforcement agencies, prosecutorial agencies, public defenders and
defense counsel, public health and social services agencies, case
management service providers, and any other entities identified by
the applicant as integral to the successful implementation of a LEAD
program in the jurisdiction.
(3) The jurisdiction's capacity and commitment to coordinate
social services, law enforcement efforts, and justice system
decisionmaking processes, and to work to ensure that the
discretionary decisions made by each participant in the
administration of the program operates in a manner consistent with
the purposes of this chapter.
(c) Successful grant applicants shall collect and maintain data
pertaining to the effectiveness of the program as indicated by the
board in the request for proposals.
1001.87. (a) LEAD programs funded pursuant to this chapter shall
consist of a strategy of effective intervention for eligible
participants consistent with the following gateways to services:
(1) Prebooking referral. As an alternative to arrest, a law
enforcement officer may take or refer a person for whom the officer
has probable cause for arrest for any of the offenses in subdivision
(b) to a case manager to be screened for immediate crisis services
and to schedule a complete assessment intake interview. Participation
in LEAD diversion shall be voluntary, and the person may decline to
participate in the program at any time. Criminal charges based on the
conduct for which a person is diverted to LEAD shall not be filed,
provided that the person finishes the complete assessment intake
interview within a period set by the local jurisdictional partners,
but not to exceed 30 days after the referral.
(2) Social contact referral. A law enforcement officer may refer
an individual to LEAD whom he or she believes is at high risk of
arrest in the future for any of the crimes specified in subdivision
(b), provided that the individual meets the criteria specified in
this paragraph and expresses interest in voluntarily participating in
the program. LEAD may accept these referrals if the program has
capacity after responding to prebooking diversion referrals described
in paragraph (1). All social contact referrals to LEAD shall meet
the following criteria:
(A) Verification by law enforcement that the individual has had
prior involvement with low-level drug activity or prostitution.
Verification shall consist of any of the following:
(i) Criminal history records, including, but not limited to, prior
police reports, arrests, jail bookings, criminal charges, or
convictions indicating that he or she was engaged in low-level drug
or prostitution activity.
(ii) Law enforcement has directly observed the individual's
low-level drug or prostitution activity on prior occasions.
(iii) Law enforcement has a reliable basis of information to
believe that the individual is engaged in low-level drug or
prostitution activity, including, but not limited to, information
provided by another first responder, a professional, or a credible
community member.
(B) The individual's prior involvement with low-level drug or
prostitution activity occurred within the LEAD pilot program area.
(C) The individual's prior involvement with low-level drug or
prostitution activity occurred within 24 months of the date of
referral.
(D) The individual does not have a pending case in drug court or
mental health court.
(E) The individual is not prohibited, by means of an existing
no-contact order, temporary restraining order, or antiharassment
order, from making contact with a current LEAD participant.
(b) The following offenses are eligible for either prebooking
diversion, social contact referral, or both:
(1) Possession for sale or transfer of a controlled substance or
other prohibited substance where the circumstances indicate that the
sale or transfer is intended to provide a subsistence living or to
allow the person to obtain or afford drugs for his or her own
consumption.
(2) Sale or transfer of a controlled substance or other prohibited
substance where the circumstances indicate that the sale or transfer
is intended to provide a subsistence living or to allow the person
to obtain or afford drugs for his or her own consumption.
(3) Possession of a controlled substance or other prohibited
substance.
(4) Being under the influence of a controlled substance or other
prohibited substance.
(5) Being under the influence of alcohol and a controlled
substance or other prohibited substance.
(6) Prostitution pursuant to subdivision (b) of Section 647.
1001.88. (a) Services provided pursuant to this chapter may
include, but are not limited to, case management, housing, medical
care, mental health care, treatment for alcohol or substance use
disorders, nutritional counseling and treatment, psychological
counseling, employment, employment training and education, civil
legal services, and system navigation. Grant funding may be used to
support any of the following:
(1) Project management and community engagement.
(2) Temporary services and treatment necessary to stabilize a
participant's condition, including necessary housing.
(3) Outreach and direct service costs for services described in
this section.
(4) Civil legal services for LEAD participants.
(5) Dedicated prosecutorial resources, including for coordinating
any nondiverted criminal cases of LEAD participants.
(6) Dedicated law enforcement resources, including for overtime
required for participation in operational meetings and training.
(7) Training and technical assistance from experts in the
implementation of LEAD in other jurisdictions.
(8) Collecting and maintaining the data necessary for program
evaluation.
(b) (1) The board shall contract with a nonprofit research entity,
university, or college to evaluate the effectiveness of the LEAD
program. The evaluation design shall include measures to assess the
cost-benefit outcomes of LEAD programs compared to booking and
prosecution, and may include evaluation elements such as comparing
outcomes for LEAD participants to similarly situated offenders who
are arrested and booked, the number of jail bookings, total number of
jail days, the prison incarceration rate, subsequent felony and
misdemeanor arrests or convictions, and costs to the criminal justice
and court systems. Savings will be compared to costs of LEAD
participation. By January 1, 2020, a report of the findings shall be
submitted to the Governor
and the Legislature pursuant to Section 9795 of the Government Code.
(2) The requirement for submitting a report pursuant to this
subdivision is inoperative on January 1, 2024, pursuant to Section
10231.5 of the Government Code.
(c) The board may contract with experts in the implementation of
LEAD in other jurisdictions for the purpose of providing technical
assistance to participating jurisdictions.
(d) The sum of fifteen million dollars ($15,000,000) is hereby
appropriated from the General Fund for the LEAD pilot program
authorized in this chapter. The board may spend up to five hundred
fifty thousand dollars ($550,000) of the amount appropriated in this
subdivision for the contracts authorized in subdivisions (b) and (c).
SEC. 17. SEC. 18. Section 2694.5 is
added to the Penal Code, to read:
2694.5. (a) The Department of Corrections and Rehabilitation,
under the oversight of the Undersecretary of Health Care Services,
shall establish a three-year pilot program at one or more
institutions that will provide a medically assisted substance use
disorder treatment model for treatment of inmates with a history of
substance use problems. The program shall offer a continuum of
evidenced-based care that is designed to meet the needs of the
persons being served and that is appropriate for a correctional
setting. In establishing the program, the department shall consider
all of the following:
(1) Access to services during an inmate's enrollment in the pilot
program.
(2) Access to subacute detoxification and medical detoxification,
as necessary.
(3) Comprehensive pretreatment and posttreatment assessments.
(4) Ongoing evaluation of an inmate's program needs and progress
at least every 90 days, and appropriate adjustment of treatment based
on that evaluation.
(5) Services provided by professionals for whom substance use
disorder treatment is within the scope of their practice.
(6) Referrals for medically assisted care and prescription of
medication-assisted treatment.
(7) Provision of behavioral health services, including the
capacity to treat cooccurring mental illness.
(8) Access to medication-assisted treatment throughout the period
of incarceration up to and including immediately prior to release.
(9) Linkages to community-based treatment upon parole.
(b) (1) The department shall report to the fiscal and appropriate
policy committees of the Legislature on March 1, 2017, and each March
1 thereafter during the tenure of the pilot project. The report
shall include all of the following elements:
(A) The planned inmate capacity of the program.
(B) The number of persons enrolled in the program.
(C) The number of persons who leave the treatment program against
medical advice and the number of persons who are discharged from the
program prior to achieving their treatment goals.
(D) The percentage of participants with negative urine toxicology
screens for illicit substances during treatment and post-treatment
while incarcerated.
(E) The number of persons who are successfully linked to
postrelease treatment.
(2) (A) The requirement for submitting a report imposed under this
subdivision is inoperative on March 1, 2025, pursuant to Section
10231.5 of the Government Code.
(B) A report to be submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government Code.
SEC. 18. SEC. 19. Section 2910 of
the Penal Code, as amended by Section 13 of Chapter 310 of the
Statutes of 2013, is amended to read:
2910. (a) The Secretary of the Department of Corrections and
Rehabilitation may enter into an agreement with a city, county, or
city and county to permit transfer of prisoners in the custody of the
secretary to a jail or other adult correctional facility of the
city, county, or city and county, if the sheriff or corresponding
official having jurisdiction over the facility has consented thereto.
The agreement shall provide for contributions to the city, county,
or city and county toward payment of costs incurred with reference to
such transferred prisoners.
(b) For purposes of this section, a transfer of prisoners under
subdivision (a) may include inmates who have been sentenced to the
department but remain housed in a county jail. These prisoners shall
be under the sole legal custody and jurisdiction of the sheriff or
corresponding official having jurisdiction over the facility and
shall not be under the legal custody or jurisdiction of the
Department of Corrections and Rehabilitation.
(c) Notwithstanding any other law, for purposes of entering into
agreements under subdivision (a), any process, regulation,
requirement, including any state governmental reviews or approvals,
or third-party approval that is required under, or implemented
pursuant to, any statute that relates to entering into those
agreements is hereby waived.
(d) When an agreement entered into pursuant to subdivision (a) or
(c) is in effect with respect to a particular local facility, the
secretary may transfer prisoners whose terms of imprisonment have
been fixed and parole violators to the facility.
(e) Prisoners so transferred to a local facility may, with notice
to the secretary, participate in programs of the facility, including,
but not limited to, work furlough rehabilitation programs.
(f) The secretary, to the extent possible, shall select city,
county, or city and county facilities in areas where medical, food,
and other support services are available from nearby existing prison
facilities.
(g) The secretary, with the approval of the Department of General
Services, may enter into an agreement to lease state property for a
period not in excess of 20 years to be used as the site for a
facility operated by a city, county, or city and county authorized by
this section.
(h) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 19. SEC. 20. Section 2910 of
the Penal Code, as added by Section 14 of Chapter 310 of the Statutes
of 2013, is amended to read:
2910. (a) The Secretary of the Department of Corrections and
Rehabilitation may enter into an agreement with a city, county, or
city and county to permit transfer of prisoners in the custody of the
secretary to a jail or other adult correctional facility of the
city, county, or city and county, if the sheriff or corresponding
official having jurisdiction over the facility has consented thereto.
The agreement shall provide for contributions to the city, county,
or city and county toward payment of costs incurred with reference to
such transferred prisoners.
(b) When an agreement entered into pursuant to subdivision (a) is
in effect with respect to a particular local facility, the secretary
may transfer prisoners whose terms of imprisonment have been fixed
and parole violators to the facility.
(c) Prisoners so transferred to a local facility may, with
approval of the secretary, participate in programs of the facility,
including, but not limited to, work furlough rehabilitation programs.
(d) Prisoners transferred to such facilities are subject to the
rules and regulations of the facility in which they are confined, but
remain under the legal custody of the Department of Corrections and
Rehabilitation and shall be subject at any time, pursuant to the
rules and regulations of the secretary, to be detained in the county
jail upon the exercise of a state parole or correctional officer's
peace officer powers, as specified in Section 830.5, with the consent
of the sheriff or corresponding official having jurisdiction over
the facility.
(e) The secretary, to the extent possible, shall select city,
county, or city and county facilities in areas where medical, food,
and other support services are available from nearby existing prison
facilities.
(f) The secretary, with the approval of the Department of General
Services, may enter into an agreement to lease state property for a
period not in excess of 20 years to be used as the site for a
facility operated by a city, county, or city and county authorized by
this section.
(g) An agreement shall not be entered into under this section
unless the cost per inmate in the facility is no greater than the
average costs of keeping an inmate in a comparable facility of the
department, as determined by the secretary.
(h) This section shall become operative on January 1, 2020.
SEC. 20. SEC. 21. Section 2915 of
the Penal Code is amended to read:
2915. (a) The Secretary of the Department of Corrections and
Rehabilitation may enter into one or more agreements to obtain secure
housing capacity within the state. These agreements may be entered
into with private entities and may be in the form of a lease or an
operating agreement. The secretary may procure and enter these
agreements on terms and conditions he or she deems necessary and
appropriate. Notwithstanding any other law, any process, regulation,
requirement, including any state governmental reviews or approvals,
or third-party approval that is required under statutes that relate
to the procurement and implementation of those agreements is hereby
waived, however, no agreement shall contain terms, either directly or
indirectly, that involve the repayment of any debt issuance or other
financing and, consistent with state law, shall provide that payment
of that agreement is subject to appropriation.
(b) The Secretary of the Department of Corrections and
Rehabilitation may enter into one or more agreements to obtain secure
housing capacity in another state. These agreements may be entered
into with private entities and may be in the form of an operating
agreement or other contract. The secretary may procure and enter
these agreements on terms and conditions he or she deems necessary
and appropriate. Notwithstanding any other law, any process,
regulation, requirement, including any state governmental reviews or
approvals, or third-party approval that is required under statutes
that relate to the procurement and implementation of those agreements
is hereby waived, however, no agreement shall contain terms, either
directly or indirectly, that involve the repayment of any debt
issuance or other financing and, consistent with state law, shall
provide that payment of that agreement is subject to appropriation.
This subdivision does not authorize the department to operate a
facility out of state.
(c) The provisions of Division 13 (commencing with Section 21000)
of the Public Resources Code do not apply to this section.
(d) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 21. SEC. 22. Section 5027 is
added to the Penal Code, to read:
5027. (a) Upon appropriation by the Legislature in the annual
Budget Act, the Department of Corrections and Rehabilitation shall
award funding for an innovative grant program to not-for-profit
organizations to replicate their programs at institutions that the
Director of the Division of Rehabilitative Programs has determined
are underserved by volunteer and not-for-profit organizations. The
director shall develop a formula for identifying target institutions
based upon factors including, but not limited to, number of
volunteers, number of inmates, number of volunteer-based programs,
and the size of waiting lists for inmates wanting to participate in
programs.
(b) Grant funding shall be provided to not-for-profit
organizations wishing to expand programs that they are currently
providing in other California state prisons that have demonstrated
success and focus on offender responsibility and restorative justice
principles. The grants shall be awarded for a three-year period and
are designed to be one time in nature. The grants shall go to
programs that demonstrate that they will become self-sufficient or
will be funded in the long term by donations or another source of
ongoing funding. All funding shall go directly to the not-for-profit
organizations and shall not be used for custody staff or
administration of the grant. Any unspent funds shall revert to the
fund source authorized for this purpose at the end of three years.
(c) On or before January 1 of each year, the department shall
report to the budget committees and public safety committees in both
houses of the Legislature on the following information from the
previous fiscal year's grants:
(1) The number of grants provided.
(2) The institutions receiving grants.
(3) A description of each program and level of funding provided,
organized by institution.
(4) The start date of each program.
(5) Any feedback from inmates participating in the programs on the
value of the programs.
(6) Any feedback from the program providers on their experience
with each institution.
(7) The number of participants participating in each program.
(8) The number of participants completing each program.
(9) Waiting lists, if any, for each program.
SEC. 22. SEC. 23. Section 5032 of
the Penal Code is repealed.
SEC. 23. SEC. 24. Section 5075 of
the Penal Code is amended to read:
5075. (a) Commencing July 1, 2005, there is hereby created the
Board of Parole Hearings. As of July 1, 2005, any reference to the
Board of Prison Terms in this or any other code refers to the Board
of Parole Hearings. As of that date, the Board of Prison Terms is
abolished.
(b) The Governor shall appoint 14 commissioners, subject to Senate
confirmation, pursuant to this section. These commissioners shall be
appointed and trained to hear only adult matters. The terms of the
commissioners shall expire as follows: eight on July 1, 2007, and
nine on July 1, 2008. Successor commissioners shall hold office for
terms of three years, each term to commence on the expiration date of
the predecessor. Any appointment to a vacancy that occurs for any
reason other than expiration of the term shall be for the remainder
of the unexpired term. Commissioners are eligible for reappointment.
The selection of persons and their appointment by the Governor and
confirmation by the Senate shall reflect as nearly as possible a
cross section of the racial, sexual, economic, and geographic
features of the population of the state.
(c) The chair of the board shall be designated by the Governor
periodically. The Governor may appoint an executive officer of the
board, subject to Senate confirmation, who shall hold office at the
pleasure of the Governor. The executive officer shall be the
administrative head of the board and shall exercise all duties and
functions necessary to insure that the responsibilities of the board
are successfully discharged. The secretary shall be the appointing
authority for all civil service positions of employment with the
board.
(d) Each commissioner shall participate in hearings on each
workday, except when it is necessary for a commissioner to attend
training, en banc hearings or full board meetings, or other
administrative business requiring the participation of the
commissioner. For purposes of this subdivision, these hearings shall
include parole consideration hearings, parole rescission hearings,
and parole progress hearings.
SEC. 24. SEC. 25. Section 5075.1 of
the Penal Code is amended to read:
5075.1. The Board of Parole Hearings shall do all of the
following:
(a) Conduct parole consideration hearings, parole rescission
hearings, and parole progress hearings for adults under the
jurisdiction of the department.
(b) Conduct mentally disordered offender hearings.
(c) Conduct sexually violent predator hearings.
(d) Review inmates' requests for reconsideration of denial of
good-time credit and setting of parole length or conditions, pursuant
to Section 5077.
(e) Determine revocation of parole for adult offenders under the
jurisdiction of the Division of Adult Parole Operations, pursuant to
Section 5077.
(f) Conduct studies pursuant to Section 3150 of the Welfare and
Institutions Code.
(g) Investigate and report on all applications for reprieves,
pardons, and commutation of sentence, as provided in Title 6
(commencing with Section 4800) of Part 3.
(h) Exercise other powers and duties as prescribed by law.
(i) Effective January 1, 2007, all commissioners appointed and
trained to hear juvenile parole matters, together with their duties
prescribed by law as functions of the Board of Parole Hearings
concerning wards under the jurisdiction of the Department of
Corrections and Rehabilitation, are transferred to the Director of
the Division of Juvenile Justice. All applicable regulations in
effect at the time of transfer shall be deemed to apply to those
commissioners until new regulations are adopted.
SEC. 25. SEC. 26. Section 5075.6 of
the Penal Code is amended to read:
5075.6. (a) Commissioners and deputy commissioners hearing
matters concerning adults under the jurisdiction of the Department of
Corrections and Rehabilitation shall have a broad background in
criminal justice and an ability for appraisal of adult offenders, the
crimes for which those persons are committed, and the evaluation of
an individual's progress toward reformation. Insofar as practicable,
commissioners and deputy commissioners shall have a varied interest
in adult correction work, public safety, and shall have experience or
education in the fields of corrections, sociology, law, law
enforcement, medicine, mental health, or education.
(b) All commissioners and deputy commissioners who conduct
hearings for the purpose of considering the parole suitability of
inmates, the setting of a parole release date for inmates, or the
revocation of parole for adult parolees, shall, within 60 days of
appointment and annually thereafter undergo a minimum of 40 hours of
training in the following areas:
(1) Treatment and training programs provided to inmates at
Department of Corrections and Rehabilitation institutions, including,
but not limited to, educational, vocational, mental health, medical,
substance abuse, psychotherapeutic counseling, and sex offender
treatment programs.
(2) Parole services.
(3) Commissioner duties and responsibilities.
(4) Knowledge of laws and regulations applicable to conducting
parole hearings, including the rights of victims, witnesses, and
inmates.
SEC. 26. SEC. 27. Section 5076.1 of
the Penal Code is amended to read:
5076.1. (a) The board shall meet at each of the state prisons and
facilities under the jurisdiction of the Division of Adult
Institutions. Meetings shall be held at whatever times may be
necessary for a full and complete study of the cases of all inmates
whose matters are considered. Other times and places of meeting may
also be designated by the board. Each commissioner of the board shall
receive his or her actual necessary traveling expenses incurred in
the performance of his or her official duties. Where the board
performs its functions by meeting en banc in either public or
executive sessions to decide matters of general policy, at least
seven members shall be present, and no action shall be valid unless
it is concurred in by a majority vote of those present.
(b) The board may use deputy commissioners to whom it may assign
appropriate duties, including hearing cases and making decisions.
Those decisions shall be made in accordance with policies approved by
a majority of the total membership of the board.
(c) The board may meet and transact business in panels. Each panel
shall consist of two or more persons, subject to subdivision (d) of
Section 3041. No action shall be valid unless concurred in by a
majority vote of the persons present. In the event of a tie vote, the
matter shall be referred to a randomly selected committee, comprised
of a majority of the commissioners specifically appointed to hear
adult parole matters and who are holding office at the time.
(d) Consideration of parole release for persons sentenced to life
imprisonment pursuant to subdivision (b) of Section 1168 shall be
heard by a panel of two or more commissioners or deputy
commissioners, of which only one may be a deputy commissioner. A
recommendation for recall of a sentence under subdivisions (d) and
(e) of Section 1170 shall be made by a panel, a majority of whose
commissioners are commissioners of the Board of Parole Hearings.
SEC. 27. SEC. 28. Section 6025.1 of
the Penal Code is amended to read:
6025.1. (a) Members of the board, with the exception of the Chair
of the Board of State and Community Corrections, shall receive no
compensation, but shall be reimbursed for their actual and necessary
travel expenses incurred in the performance of their duties. For
purposes of compensation, attendance at meetings of the board shall
be deemed performance by a member of the duties of his or her state
or local governmental employment.
(b) For the purposes of Section 1090 of the Government Code,
members of a committee created by the board pursuant to Section
6046.3 or a committee created with the primary purpose of
administering grant funding from the Edward Byrne Memorial Justice
Assistance Grant Program (42 U.S.C. Sec. 3751(a)), including a member
of the board in his or her capacity as a member of a committee
created by the board, have no financial interest in any contract made
by the board, including a grant or bond financing transaction, based
upon the receipt of compensation for holding public office or public
employment.
(c) The Chair of the Board of State and Community Corrections
shall serve full time. The Department of Human Resources shall fix
the compensation of the Chair of the Board of State and Community
Corrections.
(d) The amendments to this section by the act that added this
subdivision are effective for grant awards made by the board on or
after July 1, 2016.
SEC. 28. SEC. 29. Section 6250.2 of
the Penal Code is amended to read:
6250.2. (a) The Secretary of the Department of Corrections and
Rehabilitation may enter into agreements for the transfer of
prisoners to, or placement of prisoners in, community correctional
centers. The secretary may enter into contracts to provide housing,
sustenance, and supervision for inmates placed in community
correctional centers.
(b) Notwithstanding any other law, for the purposes of entering
into agreements under subdivision (a), any process, regulation,
requirement, including any state government reviews or approvals, or
third-party approval that is required under, or implemented pursuant
to, any statute that relates to entering into those agreements is
hereby waived.
(c) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 29. SEC. 30. Section 6258.1 of
the Penal Code is amended to read:
6258.1. An inmate shall not be transferred to a community
correctional reentry facility unless all of the following conditions
are met:
(a) The inmate applies for a transfer to a community correctional
reentry facility.
(b) The inmate is not currently serving a sentence for conviction
of any offense described in subdivision (c) of Section 667.5.
(c) The inmate has less than one year left to serve in a
correctional facility.
(d) The inmate has not been convicted previously of an escape
pursuant to Section 4532 of the Penal Code.
(e) The department determines that the inmate would benefit from
the transfer.
SEC. 30. SEC. 31. Section 6402 of
the Penal Code is amended to read:
6402. The Department of Corrections and Rehabilitation (CDCR)
shall develop policies related to the department's contraband
interdiction efforts for individuals entering CDCR detention
facilities. When developed, these policies shall include, but not be
limited to, the following specifications:
(a) Application to all individuals, including visitors, all
department staff, including executive staff, volunteers, and contract
employees.
(b) Use of methods to ensure that profiling is not practiced
during random searches or searches of all individuals entering the
prison at that time.
(c) Establishment of unpredictable, random search efforts and
methods that ensures that no one, except department employees
specifically designated to conduct the random search, shall have
advance notice of when a random search is scheduled.
(d) All visitors attempting to enter a CDCR detention facility
shall be informed that they may refuse to be searched by a passive
alert dog.
(e) All visitors attempting to enter a CDCR detention facility who
refuse to be searched by a passive alert dog shall be informed of
options, including, but not limited to, the availability of a
noncontact visit.
(f) All individuals attempting to enter a CDCR detention facility,
who have a positive alert for contraband by an electronic drug
detection device, a passive alert dog, or other technology, shall be
informed of further potential search or visitation options.
(g) Establishment of a method by which an individual may
demonstrate an authorized health-related use of a controlled
substance when a positive alert is noted by an electronic drug
detection device, a passive alert dog, or other technology.
(h) Establishment of specific requirements for additional search
options when multiple positive alerts occur on an individual employee
within a specified timeframe.
(i) In determining which additional search options to offer
visitors and staff, CDCR shall consider the use of full-body
scanners.
(j) CDCR shall conduct an evaluation of a policy described in this
section and provide an interim report to the Legislature by June 30,
2016, and a final report to the Legislature on April 30, 2017. This
evaluation shall include, but not be limited to, the impact of the
policy on:
(1) The amount of contraband, including drugs and cellular phones,
found in the prisons where the policy was implemented.
(2) The number of staff assaults that occurred in the prisons
where the policy was implemented.
(3) The number of serious rules violation reports issued in
prisons where the policy was implemented, including any reduction in
offender violence.
(4) The rates of drug use by inmates in the prisons where the
policy was implemented.
(k) (1) The requirement for submitting a report imposed under
subdivision (j) is inoperative on June 30, 2020, pursuant to Section
10231.5 of the Government Code.
(2) The reports to be submitted pursuant to subdivision
(j) shall be submitted in compliance with Section 9795 of the
Government Code.
SEC. 31. SEC. 32. Section 6404 is
added to the Penal Code, to read:
6404. Inmates shall not be prohibited from family visits based
solely on the fact that the inmate was sentenced to life without the
possibility of parole or was sentenced to life and is without a
parole date established by the Board of Parole Hearings.
SEC. 32. SEC. 33. Section 11191 of
the Penal Code, as amended by Section 17 of Chapter 310 of the
Statutes of 2013, is amended to read:
11191. (a) Any court or other agency or officer of this state
having power to commit or transfer an inmate, as defined in Article
II (d) of the Interstate Corrections Compact or of the Western
Interstate Corrections Compact, to any institution for confinement
may commit or transfer that inmate to any institution within or
without this state if this state has entered into a contract or
contracts for the confinement of inmates in that institution pursuant
to Article III of the Interstate Corrections Compact or of the
Western Interstate Corrections Compact.
(b) An inmate sentenced under California law shall not be
committed or transferred to an institution outside of this state,
unless he or she has executed a written consent to the transfer. The
inmate shall have the right to a private consultation with an
attorney of his choice, or with a public defender if the inmate
cannot afford counsel, concerning his rights and obligations under
this section, and shall be informed of those rights prior to
executing the written consent. At any time more than five years after
the transfer, the inmate shall be entitled to revoke his consent and
to transfer to an institution in this state. In such cases, the
transfer shall occur within the next 30 days.
(c) Notwithstanding the requirements in this section or Section
11194, the secretary may transfer an inmate to a facility in another
state without the consent of the inmate.
(d) Inmates who volunteer by submitting a request to transfer and
are otherwise eligible shall receive first priority under this
section.
(e) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 33. SEC. 34. Section 11191 of
the Penal Code, as added by Section 18 of Chapter 310 of the Statutes
of 2013, is amended to read:
11191. (a) Any court or other agency or officer of this state
having power to commit or transfer an inmate, as defined in Article
II(d) of the Interstate Corrections Compact or of the Western
Interstate Corrections Compact, to any institution for confinement
may commit or transfer that inmate to any institution within or
outside of this state if this state has entered into a contract or
contracts for the confinement of inmates in that institution pursuant
to Article III of the Interstate Corrections Compact or of the
Western Interstate Corrections Compact.
(b) No inmate sentenced under California law may be committed or
transferred to an institution outside of this state, unless he or she
has executed a written consent to the transfer. The inmate shall
have the right to a private consultation with an attorney of his
choice, or with a public defender if the inmate cannot afford
counsel, concerning his rights and obligations under this section,
and shall be informed of those rights prior to executing the written
consent. At any time more than five years after the transfer, the
inmate shall be entitled to revoke his consent and to transfer to an
institution in this state. In such cases, the transfer shall occur
within the next 30 days.
(c) This section shall become operative on January 1, 2020.
SEC. 34. SEC. 35. Section 13501 of
the Penal Code is amended to read:
13501. The Governor shall designate the chair of the commission
from among the members of the commission. The person designated as
the chair shall serve at the pleasure of the Governor. The commission
shall annually select a vice chair from among its members. A
majority of the members of the commission shall constitute a quorum.
SEC. 35. SEC. 36. Section 13601 of
the Penal Code is amended to read:
13601. (a) (1) The CPOST shall develop, approve, and monitor
standards for the selection and training of state correctional peace
officer apprentices.
(2) Any standard for selection established under this subdivision
shall be subject to approval by the Department of Human Resources.
Using the psychological and screening standards approved by the
Department of Human Resources, the Department of Human Resources or
the Department of Corrections and Rehabilitation shall ensure that,
prior to training, each applicant who has otherwise qualified in all
physical and other testing requirements to be a peace officer the
Department of Corrections and Rehabilitation, is determined to be
free from emotional or mental conditions that might adversely affect
the exercise of his or her duties and powers as a peace officer
pursuant to the standards developed by CPOST.
(3) When developing, approving, and monitoring the standards for
training of state correctional peace officer apprentices, the CPOST
shall consider including additional training in the areas of mental
health and rehabilitation, as well as coursework on the theory and
history of corrections.
(b) The CPOST may approve standards for a course in the carrying
and use of firearms for correctional peace officers that is different
from that prescribed pursuant to Section 832. The standards shall
take into consideration the different circumstances presented within
the institutional setting from that presented to other law
enforcement agencies outside the correctional setting.
(c) Notwithstanding Section 3078 of the Labor Code, the length of
the probationary period for correctional peace officer apprentices
shall be determined by the CPOST subject to approval by the State
Personnel Board, pursuant to Section 19170 of the Government Code.
(d) The CPOST shall develop, approve, and monitor standards for
advanced rank-and-file and supervisory state correctional peace
officer and training programs for the Department of Corrections and
Rehabilitation. When a correctional peace officer is promoted within
the department, he or she shall be provided with and be required to
complete these secondary training experiences.
(e) The CPOST shall develop, approve, and monitor standards for
the training of state correctional peace officers in the department
in the handling of stress associated with their duties.
(f) Toward the accomplishment of the objectives of this section,
the CPOST may confer with, and may avail itself of the assistance and
recommendations of, other state and local agencies, boards, or
commissions.
(g) Notwithstanding the authority of the CPOST, the department
shall design and deliver training programs, shall conduct validation
studies, and shall provide program support. The CPOST shall monitor
program compliance by the department.
(h) The CPOST may disapprove any training courses created by the
department pursuant to the standards developed by CPOST if it
determines that the courses do not meet the prescribed standards.
Training may continue with existing curriculum pending resolution.
(i) The CPOST shall annually submit an estimate of costs to
conduct those inquiries and audits as may be necessary to determine
whether the department and each of its institutions and parole
regions are adhering to the standards developed by the CPOST, and
shall conduct those inquiries and audits consistent with the annual
Budget Act.
(j) The CPOST shall establish and implement procedures for
reviewing and issuing decisions concerning complaints or
recommendations from interested parties regarding the CPOST rules,
regulations, standards, or decisions.
SEC. 36. SEC. 37. Section 23690 of
the Penal Code is amended to read:
23690. (a) (1) The Department of Justice may require each dealer
to charge each firearm purchaser or transferee a fee not to exceed
one dollar ($1) for each firearm transaction, except that the
Department of Justice may increase the fee at a rate not to exceed
any increase in the California Consumer Price Index, as compiled and
reported by the Department of Industrial Relations, and not to exceed
the reasonable cost of regulation to the Department of Justice.
(2) The fee shall be for the purpose of supporting department
program costs related to this act, including the establishment,
maintenance, and upgrading of related database systems and public
rosters.
(b) (1) There is hereby created within the General Fund the
Firearm Safety Account.
(2) Revenue from the fee imposed by subdivision (a) shall be
deposited into the Firearm Safety Account and shall be available for
expenditure by the Department of Justice upon appropriation by the
Legislature.
(3) Expenditures from the Firearm Safety Account shall be limited
to program expenditures as defined by subdivision (a).
SEC. 37. SEC. 38. Section 28300 of
the Penal Code is amended to read:
28300. (a) The Firearms Safety and Enforcement Special Fund is
hereby established in the State Treasury and shall be administered by
the Department of Justice.
(b) The Department of Justice may require firearms dealers to
charge each person who obtains a firearm a fee not to exceed five
dollars ($5) for each transaction, except that the fee may be
increased at a rate not to exceed any increase in the California
Consumer Price Index as compiled and reported by the Department of
Industrial Relations, and not to exceed the reasonable cost of
regulation to the department. Revenues from this fee shall be
deposited in the Firearms Safety and Enforcement Special Fund.
(c) Revenue deposited into the Firearms Safety and Enforcement
Special Fund shall be available for expenditure by the Department of
Justice upon appropriation by the Legislature for the purpose of
implementing and enforcing the provisions of Article 2 (commencing
with Section 31610) of Chapter 4 of Division 10, enforcing Section
830.95, Title 2 (commencing with Section 12001) of Part 4, Sections
16000 to 16960, inclusive, Sections 16970 to 17230, inclusive,
Sections 17240 to 21390, inclusive, and Sections 21590 to 34370,
inclusive, and for the establishment, maintenance, and upgrading of
equipment and services necessary for firearms dealers to comply with
Article 2 (commencing with Section 28150).
SEC. 38. SEC. 39. The heading of
Article 2.5 (commencing with Section 1716) of Chapter 1 of Division
2.5 of the Welfare and Institutions Code is amended to read:
Article 2.5. Board of Juvenile Hearings
SEC. 39. SEC. 40. Section 1716 of
the Welfare and Institutions Code is amended to read:
1716. Commencing July 1, 2016, any reference to the Youth
Authority Board refers to the Board of Juvenile Hearings.
SEC. 40. SEC. 41. Section 1718 is
added to the Welfare and Institutions Code, to read:
1718. (a) The Governor shall appoint three commissioners, subject
to Senate confirmation, to the Board of Juvenile Hearings. These
commissioners shall be appointed and trained to hear only juvenile
matters. The term of appointment for each commissioner shall be five
years, and each term shall commence on the expiration of the
predecessor. Each commissioner currently serving on the Board of
Parole Hearings to hear only juvenile matters shall continue to serve
as a commissioner of the Board of Juvenile Hearings until his or her
current term expires. The Governor shall stagger the remaining
vacancies as follows: one commissioner term to expire on July 1,
2018, and one commissioner term to expire on July 1, 2019. Any
appointment to a vacancy that occurs for any reason other than
expiration of the term shall be for the remainder of the unexpired
term. Commissioners are eligible for reappointment. The selection of
persons and their appointment by the Governor and confirmation by the
Senate shall reflect as nearly as possible a cross section of the
racial, sexual, economic, and geographic features of the population
of the state.
(b) The chair of the Board of Juvenile Hearings shall be
designated by the Governor periodically. The Governor may appoint an
executive officer of the board, subject to Senate confirmation, who
shall hold office at the pleasure of the Governor. The executive
officer shall be the administrative head of the board and shall
exercise all duties and functions necessary to ensure that the
responsibilities of the board are successfully discharged. The
director of the Division of Juvenile Facilities shall be the hiring
authority for all civil service positions of employment with the
board.
(c) Each commissioner shall participate in hearings, including
discharge consideration hearings, initial case reviews, and annual
reviews.
SEC. 41. SEC. 42. Section 1719 of
the Welfare and Institutions Code is amended to read:
1719. (a) The following powers and duties shall be exercised and
performed by the Board of Juvenile Hearings: discharges of
commitment, orders for discharge from the jurisdiction of the
Division of Juvenile Facilities to the jurisdiction of the committing
court, initial case reviews, and annual reviews.
(b) Any ward may appeal a decision by the Board of Juvenile
Hearings to deny discharge to a panel comprised of at least two
commissioners.
(c) The following powers and duties shall be exercised and
performed by the Division of Juvenile Facilities: return of persons
to the court of commitment for redisposition by the court or a
reentry disposition, determination of offense category, setting of
discharge consideration dates, developing and updating individualized
treatment plans, institution placements, furlough placements, return
of nonresident persons to the jurisdiction of the state of legal
residence, disciplinary decisionmaking, and referrals pursuant to
Section 1800.
(d) The department shall promulgate policies and regulations
implementing a departmentwide system of graduated sanctions for
addressing ward disciplinary matters. The disciplinary decisionmaking
system shall be employed as the disciplinary system in facilities
under the jurisdiction of the Division of Juvenile Facilities, and
shall provide a framework for handling disciplinary matters in a
manner that is consistent, timely, proportionate, and ensures the due
process rights of wards. The department shall develop and implement
a system of graduated sanctions that distinguishes between minor,
intermediate, and serious misconduct. The department may not extend a
ward's discharge consideration date. The department also may
promulgate regulations to establish a process for granting wards who
have successfully responded to disciplinary sanctions a reduction of
any time acquired for disciplinary matters.
SEC. 42. SEC. 43. Section 1720 of
the Welfare and Institutions Code is amended to read:
1720. (a) The case of each ward shall be reviewed by the Board of
Juvenile Hearings within 45 days of arrival at the department, and
at other times as is necessary to meet the powers or duties of the
board.
(b) The Board of Juvenile Hearings shall periodically review the
case of each ward. These reviews shall be made as frequently as the
Board of Juvenile Hearings considers desirable and shall be made with
respect to each ward at intervals not exceeding one year.
(c) The ward shall be entitled to notice if his or her annual
review is delayed beyond one year after the previous annual review
hearing. The ward shall be informed of the reason for the delay and
of the date the review hearing is to be held.
(d) Failure of the board to review the case of a ward within 15
months of a previous review shall not of itself entitle the ward to
discharge from the control of the division but shall entitle him or
her to petition the superior court of the county from which he or she
was committed for an order of discharge, and the court shall
discharge him or her unless the court is satisfied as to the need for
further control.
(e) Reviews conducted by the board pursuant to this section shall
be written and shall include, but not be limited to, the following:
verification of the treatment or program goals and orders for the
ward to ensure the ward is receiving treatment and programming that
is narrowly tailored to address the correctional treatment needs of
the ward and is being provided in a timely manner that is designed to
meet the discharge consideration date set for the ward; an
assessment of the ward's adjustment and responsiveness to treatment,
programming, and custody; a review of the ward's disciplinary history
and response to disciplinary sanctions; and a review of any
additional information relevant to the ward's progress.
(f) The division shall provide copies of the reviews prepared
pursuant to this section to the court and the probation department of
the committing county.
SEC. 43. SEC. 44. Section 1721 is
added to the Welfare and Institutions Code, to read:
1721. (a) The Board of Juvenile Hearings shall meet at each of
the facilities under the jurisdiction of the Division of Juvenile
Facilities. Meetings shall be held at whatever times may be necessary
for a full and complete study of the cases of all wards whose
matters are considered. Other times and places of meeting may also be
designated by the board, including, but not limited to, prisons or
state facilities housing wards under the jurisdiction of the Division
of Juvenile Facilities. Each commissioner of the board shall receive
his or her actual necessary traveling expenses incurred in the
performance of his or her official duties. If the board performs its
functions by meeting en banc in either public or executive sessions
to decide matters of general policy, no action shall be valid unless
it is concurred in by a majority vote of those present.
(b) The Board of Juvenile Hearings may utilize board
representatives to whom it may assign appropriate duties, including
hearing cases and making decisions. Those decisions shall be made in
accordance with policies approved by a majority of the total
membership of the board. When determining whether commissioners or
board representatives shall hear matters pursuant to subdivision (a)
of Section 1719, or any other matter submitted to the board involving
wards under the jurisdiction of the Division of Juvenile Facilities,
the chair shall take into account the degree of complexity of the
issues presented by the case.
(c) The board shall exercise the powers and duties specified in
subdivision (a) of Section 1719 in accordance with rules and
regulations adopted by the board. The board may conduct discharge
hearings in panels. Each panel shall consist of two or more persons,
at least one of whom shall be a commissioner. No panel action shall
be valid unless concurred in by a majority vote of the persons
present; in the event of a tie vote, the matter shall be referred to
and heard by the board en banc.
SEC. 44. SEC. 45. Section 1722 is
added to the Welfare and Institutions Code, to read:
1722. (a) Any rules and regulations, including any resolutions
and policy statements, promulgated by the Board of Juvenile Hearings
shall be promulgated and filed pursuant to Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, and shall, to the extent practical, be stated in
language that is easily understood by the general public.
(b) The Board of Juvenile Hearings shall maintain, publish, and
make available to the general public a compendium of its rules and
regulations, including any resolutions and policy statements,
promulgated pursuant to this section.
(c) Notwithstanding subdivisions (a) and (b), the chairperson may
specify an effective date that is any time more than 30 days after
the rule or regulation is filed with the Secretary of State. However,
no less than 20 days prior to that effective date, copies of the
rule or regulation shall be posted in conspicuous places throughout
each institution and shall be mailed to all persons or organizations
who request them.
SEC. 45. SEC. 46. Section 1723 of
the Welfare and Institutions Code is amended to read:
1723. (a) The powers and duties of the board described in
subdivision (a) of Section 1719 shall be exercised and performed by
the board or its designee, as authorized by this article.
(b) All other powers conferred to the board concerning wards under
the jurisdiction of the division may be exercised through
subordinates or delegated to the division under rules established by
the board. Any person subjected to an order of those subordinates or
of the division pursuant to that delegation may petition the board
for review. The board may review those orders under appropriate rules
and regulations.
(c) All board designees shall be subject to the training required
pursuant to Section 1724.
SEC. 46. SEC. 47. Section 1724 is
added to the Welfare and Institutions Code, to read:
1724. (a) Commissioners and board representatives hearing matters
pursuant to subdivision (a) of Section 1719 or any other matter
involving wards under the jurisdiction of the Division of Juvenile
Facilities shall have a broad background in, and ability to perform
or understand, appraisal of youthful offenders and delinquents, the
circumstances of delinquency for which those persons are committed,
and the evaluation of an individual's progress toward reformation.
Insofar as practicable, commissioners and board representatives
selected to hear these matters also shall have a varied and
sympathetic interest in juvenile justice and shall have experience or
education in the fields of juvenile justice, sociology, law, law
enforcement, mental health, medicine, drug treatment, or education.
(b) Within 60 days of appointment and annually thereafter,
commissioners and board representatives described in subdivision (a)
shall undergo a minimum of 40 hours of training in the following
areas:
(1) Adolescent brain development, the principles of cognitive
behavioral therapy, and evidence-based treatment and
recidivism-reduction models.
(2) Treatment and training programs provided to wards at the
Division of Juvenile Facilities, including, but not limited to,
educational, vocational, mental health, medical, substance abuse,
psychotherapeutic counseling, and sex offender treatment programs.
(3) Current national research on effective interventions with
juvenile offenders and how they compare to division program and
treatment services.
(4) Commissioner duties and responsibilities.
(5) Knowledge of laws and regulations applicable to conducting
initial case reviews, annual reviews, and discharge hearings,
including the rights of victims, witnesses, and wards.
(6) Factors influencing ward lengths of stay and ward recidivism
rates and their relationship to one another.
SEC. 47. SEC. 48. Section 1725 of
the Welfare and Institutions Code is amended to read:
1725. (a) Commencing July 1, 2016, the Board of Juvenile Hearings
shall succeed, and shall exercise and perform all powers and duties
previously granted to, exercised by, and imposed upon the Youthful
Offender Parole Board and Youth Authority Board, as authorized by
this article. The Youthful Offender Parole Board and Youth Authority
Board are abolished.
(b) Commencing January 1, 2007, all commissioners appointed and
trained to hear juvenile parole matters, together with their duties
prescribed by law as functions of the Board of Parole Hearings
concerning wards under the jurisdiction of the Department of
Corrections and Rehabilitation, are transferred to the Director of
the Division of Juvenile Justice.
SEC. 48. SEC. 49. Section 1728 is
added to the Welfare and Institutions Code, to read:
1728. The Governor may remove any member of the Board of Juvenile
Hearings for misconduct, incompetency, or neglect of duty after a
full hearing by the Board of State and Community Corrections.
SEC. 49. SEC. 50. Section 1766 of
the Welfare and Institutions Code is amended to read:
1766. (a) Subject to Sections 733 and 1767.35, and subdivision
(b) of this section, if a person has been committed to the Department
of Corrections and Rehabilitation, Division of Juvenile Facilities,
the Board of Juvenile Hearings, according to standardized review and
appeal procedures established by the board in policy and regulation
and subject to the powers and duties enumerated in subdivision (a) of
Section 1719, may do any of the following:
(1) Set a date on which the ward shall be discharged from the
jurisdiction of the Division of Juvenile Facilities and permitted his
or her liberty under supervision of probation and subject to the
jurisdiction of the committing court pursuant to subdivision (b).
(2) Deny discharge, except that a person committed to the division
pursuant to Section 731 or 1731.5 shall not be held in physical
confinement for a total period of time in excess of the maximum
periods of time set forth in Section 731.
(b) The following provisions shall apply to any ward eligible for
discharge from his or her commitment to the custody of the Department
of Corrections and Rehabilitation, Division of Juvenile Facilities.
Any order entered by the court pursuant to this subdivision shall be
consistent with evidence-based practices and the interest of public
safety.
(1) The county of commitment shall supervise the reentry of any
ward still subject to the court's jurisdiction and discharged from
the jurisdiction of the Division of Juvenile Facilities. The
conditions of the ward's supervision shall be established by the
court pursuant to the provisions of this section.
(2) Not less than 60 days prior to the scheduled discharge
consideration hearing of a ward described in this subdivision, the
division shall provide to the probation department and the court of
the committing county, and the ward's counsel, if known, the most
recent written review prepared pursuant to Section 1720, along with
notice of the discharge consideration hearing date.
(3) (A) Not less than 30 days prior to the scheduled discharge
consideration hearing, the division shall notify the ward of the date
and location of the discharge consideration hearing. A ward shall
have the right to contact his or her parent or guardian, if he or she
can reasonably be located, to inform the parent or guardian of the
date and location of the discharge consideration hearing. The
division shall also allow the ward to inform other persons
identified by the ward, if they
can reasonably be located, and who are considered by the division as
likely to contribute to a ward's preparation for the discharge
consideration hearing or the ward's postrelease success.
(B) This paragraph shall not apply if either of the following
conditions is met:
(i) A minor chooses not to contact his or her parents, guardians,
or other persons and the director of the division facility determines
it would be in the best interest of the minor not to contact the
parents, guardians, or other persons.
(ii) A person 18 years of age or older does not consent to the
contact.
(C) Upon intake of a ward committed to a division facility, and
again upon attaining 18 years of age while serving his or her
commitment in the custody of the division, an appropriate staff
person shall explain the provisions of subparagraphs (A) and (B),
using language clearly understandable to the ward.
(D) Nothing in this paragraph shall be construed to limit the
right of a ward to an attorney under any other law.
(4) Not less than 30 days prior to the scheduled discharge
consideration hearing of a ward described in this subdivision, the
probation department of the committing county may provide the
division with its written plan for the reentry supervision of the
ward. At the discharge consideration hearing, the Board of Juvenile
Hearings shall, in determining whether the ward is to be released,
consider a reentry supervision plan submitted by the county.
(5) If the Board of Juvenile Hearings determines that a ward is
ready for discharge to county supervision pursuant to subdivision
(a), the board shall set a date for discharge from the jurisdiction
of the Division of Juvenile Facilities no less than 14 days after the
date of such determination. The board shall also record any
postrelease recommendations for the ward. These recommendations will
be sent to the committing court responsible for setting the ward's
conditions of supervision no later than seven days from the date of
such determination.
(6) No more than four days but no less than one day prior to the
scheduled date of the reentry disposition hearing before the
committing court, the Division of Juvenile Facilities shall transport
and deliver the ward to the custody of the probation department of
the committing county. On or prior to a ward's date of discharge from
the Division of Juvenile Facilities, the committing court shall
convene a reentry disposition hearing for the ward. The purpose of
the hearing shall be for the court to identify those conditions of
supervision that are appropriate under all the circumstances of the
case and consistent with evidence-based practices. The court shall,
to the extent it deems appropriate, incorporate postrelease
recommendations made by the board as well as any reentry plan
submitted by the county probation department and reviewed by the
board into its disposition order. At the hearing the ward shall be
fully informed of the terms and conditions of any order entered by
the court, including the consequences for any violation thereof. The
procedure of the reentry disposition hearing shall otherwise be
consistent with the rules, rights, and procedures applicable to
delinquency disposition hearings as described in Article 17
(commencing with Section 675) of Chapter 2 of Part 1 of Division 2.
(7) The Department of Corrections and Rehabilitation shall have no
further jurisdiction over a ward who is discharged by the board.
(8) Notwithstanding any other law or any other provision of this
section, commencing January 1, 2013, all wards who remain on parole
under the jurisdiction of the Division of Juvenile Facilities shall
be discharged, except for wards who are in custody pending revocation
proceedings or serving a term of revocation. A ward that is pending
revocation proceedings or serving a term of revocation shall be
discharged after serving his or her revocation term, including any
revocation extensions, or when any allegations of violating the terms
and conditions of his or her parole are not sustained.
(c) Within 60 days of intake, the Division of Juvenile Facilities
shall provide the court and the probation department with a treatment
plan for the ward.
(d) Commencing January 1, 2013, and annually thereafter, for the
preceding fiscal year, the department shall collect and make
available to the public the following information:
(1) The total number of ward case reviews conducted by the
division and the board, categorized by guideline category.
(2) The number of discharge consideration dates for each category
set at guideline, above guideline, and below guideline.
(3) The number of ward case reviews resulting in a change to a
discharge consideration date, including the category assigned to the
ward and the specific reason for the change.
(4) The percentage of wards who have had a discharge consideration
date changed to a later date, the percentage of wards who have had a
discharge consideration date changed to an earlier date, and the
average annual time added or subtracted per case.
(5) The number and percentage of wards who, while confined or on
parole, are charged with a new misdemeanor or felony criminal
offense.
(6) Any additional data or information identified by the
department as relevant.
(e) As used in subdivision (d), the term "ward case review" means
any review of a ward that changes, maintains, or appreciably affects
the programs, treatment, or placement of a ward.
SEC. 50. SEC. 51. Section 1767.3 of
the Welfare and Institutions Code is amended to read:
1767.3. (a) The written order of the Director of the Division of
Juvenile Justice is a sufficient warrant for any peace officer to
return to custody any person who has escaped from the custody of the
Division of Juvenile Facilities or from any institution or facility
in which he or she has been placed by the division.
(b) All peace officers shall execute the orders in like manner as
a felony warrant.
SEC. 51. SEC. 52. Section 5848.51 is
added to the Welfare and Institutions Code, to read:
5848.51. (a) The Legislature finds and declares all of the
following:
(1) Community alternatives should be expanded to reduce the need
for mental health and substance use disorder treatment in jails and
prisons.
(2) The number of people with serious mental illnesses
incarcerated in county jails and the state's prison system continues
to rise.
(3) A significant number of individuals with serious mental
illness have a co-occurring substance use disorder.
(4) The treatment and recovery of individuals with mental health
disorders and substance use disorders are important for all levels of
government, business, and the local community.
(b) Funds appropriated by the Legislature to the authority for the
purposes of this section shall be used to establish a competitive
grant program designed to promote diversion programs and services by
increasing and expanding mental health treatment facilities,
substance use disorder treatment facilities, and trauma-centered
service facilities, including facilities providing services for sex
trafficking victims, domestic violence victims, and victims of other
violent crimes, in local communities, through the provision of
infrastructure grants.
(c) Grant awards made by the authority shall be used to expand
local resources for facility acquisition or renovation, equipment
acquisition, and applicable program startup or expansion costs to
increase availability and capacity to diversion programs described in
paragraph (b).
(d) Funds appropriated by the Legislature to the authority for the
purposes of this section shall be made available to selected
counties, city or county, or counties acting jointly.
(e) The authority shall develop selection criteria to expand local
resources, including those described in subdivision (b), and
processes for awarding grants after consulting with representatives
and interested stakeholders from the mental health treatment
community, substance use disorder treatment community, and trauma
recovery center providers, including, but not limited to, county
behavioral health directors, service providers, consumer
organizations, and other appropriate interests, such as health care
providers, law enforcement, trial courts, and formerly incarcerated
individuals as determined by the authority. The authority shall
monitor that grants result in cost-effective expansion of the number
of community-based resources in regions and communities selected for
funding. The authority shall also take into account at least the
following criteria and factors when selecting recipients of grants
and determining the amount of grant awards:
(1) Description of need, including, at a minimum, a comprehensive
description of the project, community need, population to be served,
linkage with other public systems of health and mental health care,
linkage with local law enforcement, social services, and related
assistance, as applicable, and a description of the request for
funding.
(2) Ability to serve the target population, which includes
individuals eligible for Medi-Cal and individuals eligible for county
health and mental health services.
(3) Geographic areas or regions of the state to be eligible for
grant awards, which may include rural, suburban, and urban areas, and
may include use of the five regional designations utilized by the
County Behavioral Health Directors Association of California.
(4) Level of community engagement and commitment to project
completion.
(5) Financial support that, in addition to a grant that may be
awarded by the authority, will be sufficient to complete and operate
the project for which the grant from the authority is awarded.
(6) Ability to provide additional funding support to the project,
including public or private funding, federal tax credits and grants,
foundation support, and other collaborative efforts.
(7) Memorandum of understanding among project partners, if
applicable.
(8) Information regarding the legal status of the collaborating
partners, if applicable.
(9) Ability to measure key outcomes, including utilization of
services, health and mental health outcomes, and cost benefit of the
project.
(f) The authority shall determine maximum grant awards, which
shall take into consideration the number of projects awarded to the
grantee, as described in subdivision (c), and shall reflect
reasonable costs for the project and geographic region. The authority
may allocate a grant in increments contingent upon the phases of a
project.
(g) Funds awarded by the authority pursuant to this section may be
used to supplement, but not to supplant, existing financial and
resource commitments of the grantee or any other member of a
collaborative effort that has been awarded a grant.
(h) All projects that are awarded grants by the authority shall be
completed within a reasonable period of time, to be determined by
the authority. Funds shall not be released by the authority until the
applicant demonstrates project readiness to the authority's
satisfaction. If the authority determines that a grant recipient has
failed to complete the project under the terms specified in awarding
the grant, the authority may require remedies, including the return
of all or a portion of the grant.
(i) The authority may consult with a technical assistance entity,
as described in paragraph (5) of subdivision (a) of Section 4061, for
the purposes of implementing this section.
(j) The authority may adopt emergency regulations relating to the
grants for the capital capacity and program expansion projects
described in this section, including emergency regulations that
define eligible costs and determine minimum and maximum grant
amounts.
(k) (1) The authority shall provide reports to the fiscal and
policy committees of the Legislature on or before April 1, 2018, and
annually until April 1, 2020, on the progress of implementation that
include, but are not limited to, the following:
(A) A description of each project awarded funding.
(B) The amount of each grant issued.
(C) A description of other sources of funding for each project.
(D) The total amount of grants issued.
(E) A description of project operation and implementation,
including who is being served.
(2) The requirement for submitting a report imposed under this
subdivision is inoperative on April 1, 2024, pursuant to Section
10231.5 of the Government Code.
( l ) A recipient of a grant provided pursuant to
paragraph (b) shall adhere to all applicable laws relating to scope
of practice, licensure, certification, staffing, and building codes.
SEC. 52. SEC. 53. Section 7200.06 of
the Welfare and Institutions Code is amended to read:
7200.06. (a) After construction of the perimeter security fence
is completed at Napa State Hospital, no patient whose placement has
been required pursuant to the Penal Code shall be placed outside the
perimeter security fences, with the exception of placements in the
general acute care and skilled nursing units. The State Department of
State Hospitals shall ensure that appropriate security measures are
in place for the general acute care and skilled nursing units.
(b) Any alteration to the security perimeter structure or policies
shall be made in conjunction with representatives of the City of
Napa, the County of Napa, and local law enforcement agencies.
SEC. 53. SEC. 54. This act is a bill
providing for appropriations related to the Budget Bill within the
meaning of subdivision (e) of Section 12 of Article IV of the
California Constitution, has been identified as related to the budget
in the Budget Bill, and shall take effect immediately.