BILL NUMBER: AB 558	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  OCTOBER 26, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Portantino

                        FEBRUARY 25, 2009

   An act to add and repeal Section  65584.9 of the
Government Code, relating to land use.   680.1 of the
Penal Code, relating to sexual assault crimes. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 558, as amended, Portantino.  Land use planning:
housing element: foster youth placement.   Sexual
assault crimes.  
   Existing law, the Sexual Assault Victims' DNA Bill of Rights,
authorizes a law enforcement agency investigating certain felony sex
offenses, upon the request of the victim, and subject to the
commitment of resources, to inform the victim whether or not a DNA
profile was obtained from the testing of the rape kit evidence or
other crime scene evidence from the case, whether or not that
information has been entered into the Department of Justice Data Bank
of case evidence, and whether or not there is a match between the
DNA profile developed from the rape kit evidence or other crime scene
evidence and a DNA profile contained in the Department of Justice
Convicted Offender DNA Data Base, as specified. Existing law also
requires that the victim be given written notification by the law
enforcement agency if the law enforcement agency elects not to
perform DNA testing of the rape kit evidence or other crime scene
evidence, or intends to destroy or dispose of the rape kit evidence
or other crime scene evidence prior to the expiration of the statute
of limitations, as specified. Existing law provides that the sole
civil or criminal remedy available to a sexual assault victim for a
law enforcement agency's failure to fulfill its responsibilities
under the Sexual Assault Victims' DNA Bill of Rights is standing to
file a writ of mandamus to require compliance with these notification
provisions.  
   This bill would require local law enforcement agencies responsible
for taking or processing rape kit evidence to annually report to the
Department of Justice statistical information pertaining to the
processing of rape kits, as specified. The reports received would be
subject to inspection under the California Public Records Act. These
provisions would become inoperative on July 1, 2016, and would be
repealed on January 1, 2017.  
   By imposing additional reporting duties on local law enforcement
agencies, this bill would impose a state-mandated local program.
 
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   The Planning and Zoning Law requires a city or county general plan
to include specified mandatory elements, including a housing element
that identifies and analyzes existing and projected housing needs
and includes a statement of goals, policies, quantified objectives,
financial resources, and scheduled programs for the preservation,
improvement, and development of housing.  
   The Planning and Zoning Law requires each local government to
revise its housing element in accordance with a specified schedule.
The Department of Housing and Community Development, in consultation
with each council of governments, is required to determine each
region's existing and projected housing need at least 2 years prior
to a scheduled revision. The appropriate council of governments, or
for cities and counties without a council of governments, the
department, is required to adopt a final regional housing need plan
that allocates a share of the regional housing need to each city,
county, or city and county at least one year prior to a scheduled
revision.  
   This bill would authorize a city, until January 1, 2017, to meet
not more than 10% of its existing share of the regional housing need
by adoption of a program that meets certain, listed requirements,
including that the program actively promote and assist in the
placement of foster youth in existing family-based households, as
specified, and be approved by the council of governments that assigns
the city's share of regional housing needs or, in the county absence
of a council, by the department. For the 2nd and any subsequent
planning period after the specified program has been adopted, the
department or the council of governments, as applicable, would be
prohibited from approving the program for these purposes if the
program was not responsible for meeting 2.5% or more of the city's
share of the regional housing need for the previous planning period.
The bill would require the department or the council of governments,
as applicable, to limit program approvals to the first 5 programs per
region that apply and qualify for approval. The bill would require
each city that has adopted a program to submit to the department or
the council of governments, as applicable, 2 progress reports per
planning period, on dates established by the department or the
council of governments. The bill would require the reports to include
the number of foster youth placements with a duration of one year or
more that occurred during the reporting period, as verified by the
county's program that manages foster youth placements. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 680.1 is added to the 
 Penal Code   , to read:  
   680.1.  (a) Each local law enforcement agency responsible for
taking or processing rape kit evidence shall report, by July 1 of
each year, the following information to the Department of Justice:
   (1) The total number of rape kits received during the preceding
calendar year and, of that total, the number of rape kits for which
the identity of the assailant is unknown and the number of rape kits
for which the identity of the assailant is contested.
   (2) The total number of rape kits tested during the preceding
calendar year and, of that total, the number of rape kits for which
the identity of the assailant is unknown and the number of rape kits
for which the identity of the assailant is contested.
   (3) The total number of rape kits that law enforcement has
requested be tested and, of that total, the number of rape kits for
which the identity of the assailant is unknown and the number of rape
kits for which the identity of the assailant is contested.
   (4) The number of rape kits that law enforcement has requested be
tested that remain untested and, of that number, the number of rape
kits for which the identity of the assailant is unknown and the
number of rape kits for which the identity of the assailant is
contested.
   (5) The total number of untested rape kits in its possession as of
January 1 of the reporting year.
   (6) The total number of rape kits destroyed during the preceding
calendar year.
   The initial report to the department pursuant to this subdivision
shall be made by July 1, 2012.
   (b) The reports received pursuant to subdivision (a) are subject
to inspection under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code).
   (c) This section shall remain operative only until July 1, 2016,
and shall be repealed on January 1, 2017, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date. 
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    The Legislature finds and hereby
declares all of the following:
   (a) The number of people across the state willing to become foster
parents declined by more than 30 percent since 2001, with some
counties experiencing even greater declines.
   (b) If this decline continues, more abused and neglected children
will be placed into group homes and homes operated by foster family
agencies at a substantially higher cost to the state and counties.
   (c) Under the current system, the outcomes for youth who turn 18
years of age in foster care are often grim. Many leave the system
without family support, leaving them at high risk of becoming victims
of crime and becoming involved with the judicial system,
homelessness, and unemployment. Many fail to complete high school and
do not pursue higher education or vocational training.
   (d) Foster youth who exit the system with permanent links to
caring adults or families have a better chance for successful
outcomes. When youth grow up in a family, that family is the major
vehicle preparing them for the adult world. The values, skills,
challenges, and opportunities that shape and define adulthood are
woven into the fabric of their everyday lives. Through these lifelong
connections, they discover what it means to learn, love, and live.
   (e) To attain the goal of permanency, the state must be engaged in
creating incentives that identify responsible adults and families
willing to take on this task. New communities need to be tapped to
improve outcomes for foster youth exiting the system. All government
entities should have an opportunity to participate in this goal
through state incentives.
   (f) Cities are not directly involved in finding quality,
family-based households for foster youth, but the Regional Housing
Needs Assessment (RHNA) process creates many challenges in meeting
the state's requirement to plan for future population growth.
Especially difficult to plan are very low and low-income housing.
Most cities are not actually required to zone for affordable housing.
Instead, most zone at certain densities and presume these densities
will allow affordable housing to be built. Because the housing
element does not address the final outcome, setting the density does
not guarantee affordability. In fact, property owners may ultimately
decide to build luxury condominiums too expensive for low-income
people.
   (g) While most cities plan and meet their RHNA requirement to zone
for affordable housing, the market decides when they are built. When
they are built, critics wonder whether they truly accommodate
low-income Californians and whether having an approved housing
element actually made the difference.
   (h) Since the RHNA process does not plan for the fluctuating
population of foster youth in need of immediate and future housing,
flexibility is needed to both plan and fulfill the state's
responsibility to find quality foster parents. Zoning for future
housing that may never be built pales in comparison to the immediate
and ongoing needs of foster care youth seeking quality family-based
environments and permanency.
   (i) In enacting this act, it is not the intent of the Legislature
that cities avoid zoning for future populations. The purpose of this
act is to give cities experiencing difficulty another tool to meet
their RHNA requirement and involve them in the task of identifying
family-based environments for foster youth.  
  SEC. 2.    Section 65584.9 is added to the
Government Code, to read:
   65584.9.  (a) A city may meet up to 10 percent of its existing
share of the regional housing need pursuant to Section 65584 by
adoption of a program that meets all of the following criteria:
   (1) Actively promotes placement of foster youth in existing
family-based households through advertisement and city-based
incentives.
   (2) Provides a process for coordinating city and county assistance
to help interested persons by providing information and documents
necessary to meet the responsibility of caring for foster youth.
   (3) Serves as a resource to assist interested persons in accessing
existing services that support the placement of foster youth in
existing family-based households.
   (4) Provides a plan to measure the success of the program, in
coordination with the county's current system of data outcomes.
   (5) Is approved by the council of governments that assigns the
city's share of regional housing need or by the Department of Housing
and Community Development if there is no council of governments.
   (b) For the second and any subsequent planning period after the
program described in subdivision (a) has been adopted, the Department
of Housing and Community Development or the council of governments,
as applicable, shall not approve the program for the purposes of
paragraph (5) of subdivision (a) if the program was not responsible
for meeting 2.5 percent or more of the city's share of the regional
housing need pursuant to Section 65584 for the previous planning
period.
   (c) The Department of Housing and Community Development or the
council of governments, as applicable, shall limit approvals under
paragraph (5) of subdivision (a) to the first five programs per
region that apply and qualify for approval.
   (d) Each city that has adopted a program under this section shall
submit to the Department of Housing and Community Development or the
council of governments, as applicable, two progress reports per
planning period, on dates established by the department or the
council of governments, as the case may be. The reports shall
include, but are not limited to, the number of foster youth
placements with a duration of one year or more that occurred during
the reporting period as verified by the county's program that manages
foster youth placements.
   (e) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.