Amended  IN  Assembly  April 01, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 3209

Introduced by Assembly Member Berman

February 16, 2024

An act to amend Section 66023.5 of the Education Code, add Section 490.8 to the Penal Code, relating to public postsecondary education. crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 3209, as amended, Berman. Community colleges: Basic Needs Coordinator and Center. Crimes: theft: retail theft restraining orders.
Existing law prohibits the theft of merchandise from a retail establishment. Existing law authorizes a court, upon sentencing a person for specified offenses, including stalking and elder abuse, to issue a criminal protective order prohibiting the person from contacting any victim of their offense.
This bill would authorize a court, when sentencing a person for an offense involving theft from a retail establishment, vandalism of a retail establishment, or battery of an employee of a retail establishment, to issue a criminal protective order prohibiting a person from entering the retail establishment, including any parking lots and including other franchise or chain locations of the retail establishment, as specified.
The bill would also authorize a prosecuting attorney, city attorney, county counsel, or attorney representing a retail establishment to file a petition for the issuance of a criminal protective order of this type against a person who has been arrested 2 or more times for any of the offenses at the same retail establishment, as specified.
The bill would make a violation of these orders punishable as a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program.
Existing law requires a person arrested for a misdemeanor to be issued a written notice to appear and to be released upon their signed promise to appear, except as otherwise provided.
This bill would exempt a violation of a retail establishment restraining order from that requirement.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the 3 segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state, and authorizes them to provide instruction to students at community college campuses.

Existing law requires each campus of the California Community Colleges, no later than July 1, 2022, to establish the position of Basic Needs Coordinator to assist students with on- and off-campus housing, food, mental health, and other basic needs services and resources, among other responsibilities, and to establish a Basic Needs Center where basic needs services, resources, and staff are made available to students, as specified. Existing law requires each community college campus to report certain information to the office of the Chancellor of the California Community Colleges related to basic needs services and resources. Existing law requires the chancellor’s office to develop and submit a report to the Governor and the Legislature every year beginning on or before May 1, 2023, based on the data and information received from campuses and information on the use of funds made available to implement these provisions.

This bill would instead require the chancellor’s office to develop and submit the report to the Governor and the Legislature every year on or before June 1, as provided.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 490.8 is added to the Penal Code, to read:

490.8.
 (a) A court sentencing a defendant for any violation described in subdivision (b) shall consider issuing an order restraining the defendant from entering the premises of the retail establishment, that may be valid for up to two years, as determined by the court.
(b) This section shall apply to a person convicted of any of the following offenses:
(1) Shoplifting in violation of Section 459.5.
(2) Any theft, including a violation of Section 487 or 488, from a retail establishment.
(3) Organized retail theft in violation of Section 490.4.
(4) Any vandalism of a retail establishment in violation of Section 594.
(5) Any assault or battery of an employee of a retail establishment while that person is working at the retail establishment, including a violation of Section 240, 242, or 245.
(c) (1) An order issued pursuant to this section shall prohibit the restrained person from entering the retail establishment, or being present on the grounds of, or any parking lot adjacent to, the retail establishment.
(2) If the retail establishment is part of a chain or franchise, the court may include other retail establishments in that chain or franchise within a specified geographic range in the order.
(d) In determining whether to impose a retail crime restraining order, the court shall consider whether the retail establishment is the only place that sells food, pharmaceuticals, or other basic life necessities within one mile of where the individual resides, or otherwise creates undue hardship for the individual.
(e) (1) A prosecuting attorney, city attorney, county counsel, or attorney representing a retail establishment may file a petition requesting a retail crime restraining order for an individual who has been arrested two or more times for any of the offenses listed in subdivision (b) within the same retail establishment.
(2) An order issued pursuant to this subdivision shall be issued after a hearing.
(3) The respondent shall be personally served with notice of the hearing and shall be entitled to representation by court-appointed counsel.
(4) The petitioner shall bear the burden of proving, by a preponderance of the evidence, that the respondent, on two or more separate occasions, committed an offense described in subdivision (b) within the retail establishment or on the grounds thereof.
(5) The court may issue an order restraining the respondent from entering the premises of the retail establishment for a period not to exceed two years if the court finds by a preponderance of the evidence that both of the following are true:
(A) The respondent, on two or more separate occasions, committed an offense described in subdivision (b) within the retail establishment or on the grounds thereof.
(B) There is a substantial likelihood that the individual will return to the retail establishment.
(6) (A) An order issued pursuant to this subdivision shall prohibit the restrained person from entering the retail establishment, or being present on the grounds of, or any parking lot adjacent to, the retail establishment.
(B) If the retail establishment is part of a chain or franchise, the court may include other retail establishments in that chain or franchise within a specified geographic range in the order.
(f) A violation of an order issued pursuant to this section is punishable as a misdemeanor. Declarative of existing law, prosecution under this section shall not preclude prosecution for any other offenses committed during a violation of this section.
(g) Notwithstanding Section 853.6, an officer arresting a person for a violation of this section is not required to release the person pursuant to a written notice to appear.
(h) Declarative of existing law, a court may offer an individual charged with a violation of this section an opportunity to participate in a diversion program for which they are eligible, including those described in Title 6 (commencing with Section 976) of Part 2.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Section 66023.5 of the Education Code is amended to read:
66023.5.

(a)As used in this section:

(1)“Basic needs services and resources” includes, but is not limited to, housing, food, clothing, feminine hygiene, diapers, technology, childcare, and mental health services and resources.

(2)“Coordinator” means a basic needs coordinator established pursuant to this section.

(b)Each campus of the California Community Colleges shall do all of the following:

(1)No later than July 1, 2022, establish the position of the Basic Needs Coordinator, and designate a staff person as the Basic Needs Coordinator to serve as the single point of contact for students experiencing basic needs insecurity related to basic needs services and resources. The coordinator shall act as a broker in identifying, supporting, and linking students to on- and off-campus housing, food, mental health, and other basic needs services and resources. To ensure the effectiveness and impact of this position, the coordinator shall be a dedicated position solely focused on addressing the basic needs of students and meet qualifications such as experience providing services to high-need and diverse populations. The coordinator shall oversee and coordinate with other staff tasked with addressing students’ basic needs, shall inform students of all on- and off-campus basic needs services and resources and how to access them, and shall develop on- and off-campus partnerships to provide basic needs services and resources to their students.

(2)(A)No later than July 1, 2022, establish a Basic Needs Center, which means a central location on campus where basic needs services, resources, and staff are made available to students. The Basic Needs Center is intended to be a one-stop, single location and point of contact for students to more easily access and gain awareness of basic needs services and resources. The campus shall make a reasonable effort to locate all on-campus basic needs services and resources at the Basic Needs Center. If the campus cannot reasonably locate all basic needs services or resources at the Basic Needs Center, the campus shall provide students with the location and contact information, including name, telephone number, and email address, for all basic needs services and resources not located in the Basic Needs Center. The coordinator shall be housed in the Basic Needs Center.

(B)Each Basic Needs Center shall help ensure that students have the information they need to enroll in CalFresh, the California Earned Income Tax Credit (CalEITC), the Young Child Tax Credit (YCTC), the California Special Supplemental Food Program for Women, Infants, and Children (WIC), and other relevant government benefits programs. Each Basic Needs Center shall coordinate with their campus financial aid department or financial aid office. This section shall not be construed to require or encourage the Basic Needs Center to be combined or colocated with the financial aid department or financial aid office. The funding made available by the Budget Act of 2021 to implement this section, or any subsequent Budget Act or statute to implement this section, shall not be used to combine or colocate the Basic Needs Center with the financial aid department or financial aid office and shall not be used for the administration of student financial aid programs, including staffing. Each Basic Needs Center shall connect students to the financial aid department or financial aid office as appropriate to ensure that students are receiving all available financial aid. Each Basic Needs Center shall coordinate with their local homelessness response system to refer students to community resources available to address homelessness in addition to services and resources provided by the campus. Basic Needs Centers shall be authorized to provide support to students who can be reasonably expected to enroll in the upcoming term and to provide support to students during summer and winter breaks who were previously enrolled or are enrolled for the upcoming fall or spring term.

(C)Campuses shall endeavor, to the extent feasible, to use a portion of any funds made available for basic needs support for providing funds directly to students to address urgent needs. To the extent that a Basic Needs Center is already in place, that center may be used to satisfy the requirements of this section. If the existing Basic Needs Center fulfills only part of the requirements of this section, basic needs services and resources shall be expanded as needed to satisfy all the requirements of this section.

(3)(A)No later than February 1, 2022, develop a document that shall be provided to students at the Basic Needs Center, once established pursuant to paragraph (2), in either electronic format or paper form, and that shall be made available to students online, that clearly lists all on- and off-campus basic needs services and resources that includes, but is not necessarily limited to, all of the following:

(i)The description of the service or resource.

(ii)The location of where the service or resource is provided.

(iii)The point of contact for the service or resource, including a name, telephone number, and email address.

(iv)Any eligibility restrictions on accessing the service or resource.

(B)Provide the document to students as a part of campus orientations in either electronic format or paper form.

(C)Provide to faculty the online link to the electronic format of the document, the location of the Basic Needs Center, once established pursuant to paragraph (2), and the contact information for the coordinator, once designated pursuant to paragraph (1), and encourage faculty to include the online link to the electronic format of the document, the location of the Basic Needs Center, and the contact information for the coordinator in their syllabi.

(D)To ensure that the document remains useful to students, the document shall be reviewed, updated, and made available online on both the internet website of the campus via the student basic needs tab and the internet website-based student account associated with a student’s attendance at the institution, as specified in paragraph (6), no later than the first day of every fall and spring semester or no later than the first day of every fall and spring quarter.

(4)No later than February 1, 2022, streamline the application and intake process for on-campus basic needs services and resources to minimize duplication and eliminate barriers to access. If an application is required, develop and use a single application for students to receive on-campus basic needs services and resources.

(5)No later than February 1, 2022, develop and implement a plan to identify and provide outreach to students, including nontraditional students, who have basic needs insecurity related to housing, food, and mental health. Once the coordinator is designated pursuant to paragraph (1) and the Basic Needs Center is established pursuant to paragraph (2), the outreach shall include information about the coordinator and the Basic Needs Center.

(6)No later than February 1, 2022, provide a student basic needs tab that is clearly visible and easily accessible from a drop-down menu on the home page of the campus’ internet website and include the information described in paragraph (3) conspicuously on both the internet website of the campus via the student basic needs tab and the internet website-based student account associated with a student’s attendance at the institution. Once the coordinator is designated pursuant to paragraph (1) and the Basic Needs Center is established pursuant to paragraph (2), information about the coordinator and Basic Needs Center shall also be included on both the internet website of the campus via the student basic needs tab and the internet website-based student account associated with a student’s attendance at the institution.

(c)(1)Each campus of the California Community Colleges shall report to the office of the Chancellor of the California Community Colleges information that shall include, but not necessarily be limited to, all of the following:

(A)The description and number of basic needs services and resources, broken down by category.

(B)The number of students served by the basic needs services and resources.

(C)The socioeconomic and demographic backgrounds of these students.

(D)Challenges and best practices in the implementation of the basic needs services and resources.

(E)Whether students who used the basic needs services and resources remained enrolled or graduated from a campus maintained by the district.

(F)The number of students who first started receiving CalFresh benefits in the previous year and the total number of students in the previous year who received CalFresh benefits.

(G)Whether the campus has a data sharing agreement with the relevant county operating the CalFresh program for the purpose of identifying new, continuing, and returning students who are potentially eligible for CalFresh benefits, or efforts underway to enact such an agreement.

(2)The data and information reported under this subdivision shall be disaggregated by each basic needs service and resource, where applicable.

(d)The office of the Chancellor of the California Community Colleges shall develop and submit to the Governor and the Legislature every year beginning on or before June 1, 2023, a report based on the data and information reported by campuses pursuant to subdivision (c) and information on the use of funds made available to implement this section.