BILL NUMBER: AB 1628 CHAPTERED
BILL TEXT
CHAPTER 729
FILED WITH SECRETARY OF STATE OCTOBER 19, 2010
APPROVED BY GOVERNOR OCTOBER 19, 2010
PASSED THE SENATE OCTOBER 7, 2010
PASSED THE ASSEMBLY OCTOBER 7, 2010
AMENDED IN SENATE OCTOBER 6, 2010
AMENDED IN ASSEMBLY APRIL 19, 2010
INTRODUCED BY Committee on Budget (Blumenfield (Chair))
JANUARY 11, 2010
An act to amend Sections 15820.906 and 15820.916 of the Government
Code, to amend Sections 5068.5 and 7050 of, and to add Sections
2064, 5023.2, 5024.2, and 5072 to, the Penal Code, and to amend
Sections 607, 731.1, 1973, and 1975 of, to amend, repeal, and add
Sections 1719, 1766, and 1767.35 of, to add Sections 607.1 and
14053.7 to, to add Chapter 1.6 (commencing with Section 1980) to
Division 2.5 of, and to add and repeal Sections 1719.5, 1766.01, and
1767.36 of, the Welfare and Institutions Code, relating to
corrections, making an appropriation therefor, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1628, Committee on Budget. Corrections.
The Public Safety and Offender Rehabilitation Services Act of
2007, among other things, authorizes the Department of Corrections
and Rehabilitation (CDCR), a participating county, as defined, and
the State Public Works Board (SPWB) to enter into a construction
agreement in order to acquire, design, and construct a local jail
facility approved by the Corrections Standards Authority, as
specified. The act further authorizes the SPWB to issue up to
$750,000,000 in revenue bonds, notes, or bond anticipation notes to
finance the acquisition, design, or construction of approved local
jail facilities and appropriates funds for that purpose. Existing law
requires the Corrections Standards Authority to adhere to its duly
adopted regulations for the approval or disapproval of local jail
facilities or local youthful offender rehabilitative facilities, as
specified, and prohibits the encumbrance of state moneys in contracts
let by a participating county until final architectural plans and
specifications have been approved by the Corrections Standards
Authority, and subsequent construction bids have been received.
This bill would, instead, prohibit the encumbrance of state moneys
in contracts let by a participating county pursuant to those
provisions until either (1) final architectural plans and
specifications have been approved by the Corrections Standards
Authority and subsequent construction bids have been received or (2)
specified documents prepared by the participating county have been
approved by the Corrections Standards Authority and a design-build
contract has been awarded, as prescribed.
Existing law requires that the licensure requirements for
professional personnel, including psychologists, clinical social
workers, and marriage and family therapists, among others, in state
and other governmental health facilities, be not less than for those
in privately owned health facilities. Existing law authorizes the
State Department of Public Health and the Department of Corrections
and Rehabilitation to grant a waiver from licensure requirements for
persons employed in publicly operated health facilities who are
gaining qualifying experience for licensure. The waiver may not
exceed 4 years for marriage and family therapists or clinical social
workers. Existing law also permits the State Department of Public
Health to grant these practitioners a waiver for one additional year
under certain extenuating circumstances.
This bill would authorize the Secretary of the Department of
Corrections and Rehabilitation to grant, under specified
circumstances, a 3-year waiver for psychologists and a 4-year waiver
for clinical social workers who work for the department. The bill
would also authorize the secretary to grant a clinical social worker
a waiver for one additional year under certain extenuating
circumstances.
Existing law requires the Department of Corrections and
Rehabilitation to report annually to the Joint Legislative Budget
Committee its operational and fiscal information, to be displayed in
the Governor's proposed budget. Existing law requires that the
information in the report include data for the 3 most recently ended
fiscal years regarding per capita costs, average daily population,
offender to staff ratios, and parolees, among other things. Existing
law requires the department to provide a supplemental report in
addition to the above report. Existing law requires that the
supplemental report provide information for the 3 most recently ended
fiscal years on the operational level and outcomes associated with
security, prison education and treatment programs, prison health care
operations, parole matters, and juvenile matters, among others.
This bill would require the department to provide the Joint
Legislative Budget Committee an annual report on the outcomes of
department operations and activities specified in the supplemental
report of the annual Budget Act. The bill would require that the
report include data for the 3 most recently ended fiscal years and to
establish target performance goals for each performance measurement
included in the supplemental report of the annual Budget Act and in
the department's strategic plan. The bill would require the
department to include an explanation for why it did not achieve prior
target performance goals. The bill would require the department to
post this report on its Internet Web site.
Existing law establishes the Department of Corrections and
Rehabilitation and charges it with various duties and obligations.
Existing law provides that it is the intent of the Legislature that
the department operate in the most cost-effective and efficient
manner possible when purchasing health care services for inmates.
Existing law provides that the department may contract with providers
of health care services and health care network providers,
including, but not limited to, health plans, preferred provider
organizations, and other health care network managers.
This bill would require the department to maintain a statewide
utilization management program, as defined, which would include, but
not be limited to, the review, approval, and oversight of community
hospital bed usage and case management processes for high medical
risk and high medical cost patients. The bill would require the
department to develop and implement policies and procedures to ensure
that all adult prisons employ the same statewide utilization
management program. The bill would require the department to
establish annual quantitative utilization management performance
objectives and to report to specified legislative committees on,
among other things, its success or failure in meeting those
objectives, as specified.
Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services, under
which qualified low-income individuals receive health care services.
The Medi-Cal program is, in part, governed and funded by federal
Medicaid provisions. Existing federal law does not provide for
payments with respect to care or services for any individual who is
an inmate in a public institution.
This bill would authorize the department, and the State Department
of Health Care Services, to the extent that federal participation is
not jeopardized and federal approval is obtained, to develop a
process for the provision of inpatient hospital services to inmates
who would otherwise be eligible for Medi-Cal or the Coverage
Expansion and Enrollment Demonstration (CEED) project, but for their
institutional status as inmates. This bill would require a CEED
project to reimburse a provider for the delivery of inpatient
hospital services rendered to an inmate whose county of last legal
residence participates in the CEED project. The bill would require
the secretary of the department, in conjunction with the State
Department of Health Care Services to develop a process to reimburse
CEED projects for the nonfederal share of the costs and for
administrative costs. This bill would state that CEED projects shall
not experience any additional net expenditures of county funds due to
the provision of services pursuant to these provisions.
This bill would permit, to the extent federal participation is
available, the State Department of Health Care Services to provide
Medi-Cal eligibility and reimbursement for inpatient hospital
services to inmates, as defined.
The bill would also authorize a county to seek reimbursement from
the Medi-Cal program or the responsible CEED program for the
provision of inpatient hospital services to adults in county
facilities, in which case this bill would provide that the county
would be responsible for the nonfederal share of the reimbursement.
To the extent this bill imposes new duties on counties in the
administration of the Medi-Cal program, this bill would impose a
state-mandated local program.
Existing law provides that it is the intent of the Legislature
that the Department of Corrections and Rehabilitation, in cooperation
with the Department of General Services and other appropriate state
agencies, take prompt action to adopt cost-effective reforms in its
drug and medical supply procurement processes, as specified. Existing
law authorizes the Secretary of the Department of Corrections and
Rehabilitation to adopt regulations requiring manufacturers of drugs
to pay the department a rebate for the purchase of drugs for
offenders in state custody that is at least equal to the rebate that
would be applicable to the drugs under the federal Social Security
Act.
This bill would authorize the Department of Corrections and
Rehabilitation to maintain and operate a comprehensive pharmacy
services program for those facilities under the jurisdiction of the
department that incorporates, among other things, a statewide
pharmacy administration system with direct authority and
responsibility for program oversight and a multidisciplinary,
statewide Pharmacy and Therapeutics Committee with specified
responsibilities. The bill would authorize the department to operate
and maintain a centralized pharmacy distribution center, as
specified. The bill would authorize the department to investigate and
initiate potential systematic improvements in order to provide for
the safe and efficient distribution and control of, and
accountability for, drugs within the department's system. The bill
would state that the department should ensure that there is a program
providing for the regular inspection of all the department's
pharmacies to verify compliance with applicable rules, regulations,
and other standards, as specified. The bill would require the
department to report specified information to specified legislative
committees relating to its pharmaceutical costs and its operation of
a fully functioning and centralized pharmacy distribution center.
Existing law appropriates $300,000,000 from the General Fund for
capital outlay to be allocated to renovate, improve, or expand
infrastructure capacity at existing prison facilities. Existing law
also authorizes the funds to be used for land acquisition,
environmental services, architectural programming, engineering
assessments, schematic design, preliminary plans, working drawings,
and construction. Existing law also authorizes the funds to be used
to address deficiencies related to utility systems owned by local
government entities and serving state prison facilities, as
specified.
In addition to the above, this bill would allow for these funds to
be used for study and acquisition of options to purchase real
property for reentry facilities, thereby making an appropriation. The
bill would provide for the allocation of funds for site
investigation and real estate due diligence activities preliminary to
the site selection, and acquisition of interests in real property.
The bill would authorize the Department of Corrections and
Rehabilitation, in performing these activities, to enter into
agreements for the acquisition of an option to purchase real property
upon approval of the State Public Works Board. This bill would also
allow for these funds to be used for the design and construction of
improvements to dental facilities at state prison facilities, thereby
making an appropriation. The bill would also make changes regarding
the calculation of design-build project augmentations from these
funds.
Existing law authorizes the State Public Works Board to issue up
to $100,000,000 in revenue bonds, notes, or bond anticipation notes
to finance the acquisition, design, renovation, or construction, and
a reasonable construction reserve, of approved local youthful
offender rehabilitative facilities. Proceeds from the revenue bonds,
notes, or bond anticipation notes may be utilized to reimburse a
participating county for the costs of acquisition, preliminary plans,
working drawings, and construction for approved projects. The funds
derived pursuant to these provisions are continuously appropriated.
This bill would increase that amount to $300,000,000. The bill
would also revise the specified uses for the proceeds from the
revenue bonds, notes, or bond anticipation notes for approved
projects to refer to design, rather than preliminary plans and
working drawings. Because the bill would increase the amount of these
continuously appropriated funds, the bill would make an
appropriation.
Existing law authorizes the juvenile court to retain jurisdiction
over a ward of the court who attains 21 years of age, or, if the
person has committed any of specified offenses, until the person
attains 25 years of age. Existing law directs the Board of Parole
Hearings to exercise certain powers and duties over juvenile
offenders, including discharges of commitment, orders to parole and
conditions thereof, and revocation or suspension of parole. Other
duties are exercised by the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, including the return
of persons to the court of commitment for redisposition by the
court, determination of offense category, setting of parole
consideration dates, conducting annual reviews, treatment program
orders, institution placements, and furlough placements.
This bill would revise provisions governing the powers and duties
of the Department of Corrections and Rehabilitation, Division of
Juvenile Facilities, and the Board of Parole Hearings with respect to
the parole of wards from the Division of Juvenile Facilities. Among
other changes, the bill would specifically require the Juvenile
Parole Board, rather than the Board of Parole Hearings, to carry out
specified duties relating to the release and supervision on parole of
wards from the custody of the Division of Juvenile Facilities. With
respect to wards who are released on parole prior to the 90th day
after the enactment of the act, the law would remain substantively
the same until July 1, 2014. With respect to wards who are released
on parole on or after the 90th day after the enactment of the act,
the bill would enact new procedural provisions that would remain in
effect until July 1, 2014. These latter changes would include
eliminating the power of revocation or suspension of parole as a
state duty exercised by the Juvenile Parole Board, and instead
require the court to establish the conditions of the ward's
supervision and the county of commitment to supervise a ward released
on parole. On and after July 1, 2014, the latter provisions would
apply to all wards released on parole from the Division of Juvenile
Facilities. By imposing additional duties on counties, this bill
would create a state-mandated local program.
The bill would also establish a Juvenile Reentry Fund. Moneys
allocated for local supervision of persons discharged from the
custody of the Division of Juvenile Facilities would be deposited
into this fund from the General Fund and those moneys would be
expended exclusively to address local program needs for those
persons. Moneys deposited into this fund would be administered by the
Controller and the share calculated for each county would be
transferred to its Juvenile Reentry Fund, as specified. The bill
would authorize each county to establish in the county treasury a
Juvenile Reentry Fund to receive all amounts allocated to that county
for these purposes, as specified.
The bill would require the Department of Corrections and
Rehabilitation, Division of Juvenile Justice and the Chief Probation
Officers of California to each provide an annual report to the
Department of Finance, commencing July 10, 2011, and annually
thereafter, for the preceding fiscal year, containing specified
information sorted by county relating to these provisions.
By imposing additional duties on local employees, the bill would
create 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
This bill would declare that it is to take effect immediately as
an urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 15820.906 of the Government Code is amended to
read:
15820.906. (a) The CSA shall adhere to its duly adopted
regulations for the approval or disapproval of local jail facilities.
The CSA shall also consider cost-effectiveness in determining
approval or disapproval. No state moneys shall be encumbered in
contracts let by a participating county until either final
architectural plans and specifications have been approved by the CSA,
and subsequent construction bids have been received, or documents
prepared by a participating county pursuant to paragraph (1) of
subdivision (d) of Section 20133 of the Public Contract Code have
been approved by the CSA, and a design-build contract has been
awarded pursuant to that section. The review and approval of plans,
specifications, or other documents by the CSA are for the purpose of
ensuring proper administration of moneys and determination of whether
the project specifications comply with law and regulation. The CSA
may require changes in construction materials to enhance safety and
security if materials proposed at the time of final plans and
specifications are not essential and customary as used statewide for
facilities of the same security level. Participating counties are
responsible for the acquisition, design, construction, staffing,
operation, repair, and maintenance of the project.
(b) The CSA shall establish minimum standards, funding schedules,
and procedures, which shall take into consideration, but not be
limited to, the following:
(1) Certification by a participating county of project site
control through either fee simple ownership of the site or comparable
long-term possession of the site, and right of access to the
projects sufficient to assure undisturbed use and possession.
(2) Documentation of need for the project.
(3) A written project proposal.
(4) Submittal of a staffing plan for the project, including
operational cost projections and documentation that the local jail
facility will be able to be safety staffed and operated within 90
days of completion.
(5) Submittal of architectural drawings, which shall be approved
by the CSA for compliance with minimum adult detention facility
standards and which shall also be approved by the State Fire Marshal
for compliance with fire safety and life safety requirements.
(6) Documentation evidencing the filing by a participating county
of a final notice of determination on its environmental impact
report.
(7) Provisions intended to maintain the tax-exempt status of the
bonds, notes, or bond anticipation notes issued by the SPWB.
SEC. 2. Section 15820.916 of the Government Code is amended to
read:
15820.916. (a) The CSA shall adhere to its duly adopted
regulations for the approval or disapproval of local jail facilities.
The CSA shall also consider cost-effectiveness in determining
approval or disapproval. No state moneys shall be encumbered in
contracts let by a participating county until either final
architectural plans and specifications have been approved by the CSA,
and subsequent construction bids have been received, or documents
prepared by a participating county pursuant to paragraph (1) of
subdivision (d) of Section 20133 of the Public Contract Code have
been approved by the CSA, and a design-build contract has been
awarded pursuant to that section. The review and approval of plans,
specifications, or other documents by the CSA are for the purpose of
ensuring proper administration of moneys and determination of whether
the project specifications comply with law and regulation. The CSA
may require changes in construction materials to enhance safety and
security if materials proposed at the time of final plans and
specifications are not essential and customary as used statewide for
facilities of the same security level. Participating counties are
responsible for the acquisition, design, construction, staffing,
operation, repair, and maintenance of the project.
(b) The CSA shall establish minimum standards, funding schedules,
and procedures, which shall take into consideration, but not be
limited to, the following:
(1) Certification by a participating county of project site
control through either fee simple ownership of the site or comparable
long-term possession of the site, and right of access to the
projects sufficient to assure undisturbed use and possession.
(2) Documentation of need for the project.
(3) A written project proposal.
(4) Submittal of a staffing plan for the project, including
operational cost projections and documentation that the local jail
facility will be able to be safety staffed and operated within 90
days of completion.
(5) Submittal of architectural drawings, which shall be approved
by the CSA for compliance with minimum adult detention facility
standards and which shall also be approved by the State Fire Marshal
for compliance with fire safety and life safety requirements.
(6) Documentation evidencing the filing by a participating county
of a final notice of determination on its environmental impact
report.
(7) Provisions intended to maintain the tax-exempt status of the
bonds, notes, or bond anticipation notes issued by the SPWB.
SEC. 3. Section 2064 is added to the Penal Code, to read:
2064. (a) It is the intent of the Legislature that the Department
of Corrections and Rehabilitation shall regularly provide to the
Legislature information on the outcomes of department operations and
activities to allow the Legislature to better assess the performance
of the department, including both to evaluate the effectiveness of
department programs and activities, as well as to assess how
efficiently the department is using state resources.
(b) No later than January 10 each year, the Department of
Corrections and Rehabilitation shall provide to the Joint Legislative
Budget Committee an annual report on the outcomes of department
operations and activities specified in the supplemental report of the
annual Budget Act for the current fiscal year. At a minimum, for
each performance measurement included in the supplemental report of
the annual Budget Act for the current fiscal year, the department's
report shall include data for the three most recently ended fiscal
years, as well as establish target performance goals for each
performance measurement for the current fiscal year identified in the
supplemental report of the annual Budget Act and in the department's
long-term strategic plan, if included in the strategic plan. If
target performance goals stated in the prior department report have
not been achieved, the annual department report for the current
fiscal year shall include an explanation of why the target
performance goals were not achieved. The supplemental report of the
annual Budget Act may identify changes in the department's reporting
requirements; however, if no changes are identified in the
supplemental report of the annual Budget Act, the reporting
requirements shall be the same as those for the prior fiscal year.
(c) The department shall also post the full annual report required
by this section on its Internet Web site.
SEC. 4. Section 5023.2 is added to the Penal Code, to read:
5023.2. (a) In order to promote the best possible patient
outcomes, eliminate unnecessary medical and pharmacy costs, and
ensure consistency in the delivery of health care services, the
department shall maintain a statewide utilization management program
that shall include, but not be limited to, all of the following:
(1) Objective, evidence-based medical necessity criteria and
utilization guidelines.
(2) The review, approval, and oversight of referrals to specialty
medical services.
(3) The management and oversight of community hospital bed usage
and supervision of health care bed availability.
(4) Case management processes for high medical risk and high
medical cost patients.
(5) A preferred provider organization (PPO) and related contract
initiatives that improve the coverage, resource allocation, and
quality of contract medical providers and facilities.
(b) The department shall develop and implement policies and
procedures to ensure that all adult prisons employ the same statewide
utilization management program established pursuant to subdivision
(a) that supports the department's goals for cost-effective auditable
patient outcomes, access to care, an effective and accessible
specialty network, and prompt access to hospital and infirmary
resources. The department shall provide a copy of these policies and
procedures, by July 1, 2011, to the Joint Legislative Budget
Committee, the Senate Committee on Appropriations, the Senate
Committee on Budget and Fiscal Review, the Senate Committee on
Health, the Senate Committee on Public Safety, the Assembly Committee
on Appropriations, the Assembly Committee on Budget, the Assembly
Committee on Health, and the Assembly Committee on Public Safety.
(c) (1) The department shall establish annual quantitative
utilization management performance objectives to promote greater
consistency in the delivery of contract health care services, enhance
health care quality outcomes, and reduce unnecessary referrals to
contract medical services. On July 1, 2011, the department shall
report the specific quantitative utilization management performance
objectives it intends to accomplish statewide in each adult prison
during the next 12 months to the Joint Legislative Budget Committee,
the Senate Committee on Appropriations, the Senate Committee on
Budget and Fiscal Review, the Senate Committee on Health, the Senate
Committee on Public Safety, the Assembly Committee on Appropriations,
the Assembly Committee on Budget, the Assembly Committee on Health,
and the Assembly Committee on Public Safety.
(2) The requirement for submitting a report imposed under this
subdivision is inoperative on January 1, 2015, pursuant to Section
10231.5 of the Government Code.
(d) On March 1, 2012, and each March 1 thereafter, the department
shall report all of the following to the Joint Legislative Budget
Committee, the Senate Committee on Appropriations, the Senate
Committee on Budget and Fiscal Review, the Senate Committee on
Health, the Senate Committee on Public Safety, the Assembly Committee
on Appropriations, the Assembly Committee on Budget, the Assembly
Committee on Health, and the Assembly Committee on Public Safety:
(1) The extent to which the department achieved the statewide
quantitative utilization management performance objectives set forth
in the report issued the previous March as well as the most
significant reasons for achieving or not achieving those performance
objectives.
(2) A list of adult prisons that achieved and a list of adult
prisons that did not achieve its quantitative utilization management
performance objectives and the significant reasons for the success or
failure in achieving those performance objectives at each adult
state prison.
(3) The specific quantitative utilization management performance
objectives the department and each adult state prison intends to
accomplish in the next 12 months.
(4) A description of planned and implemented initiatives necessary
to accomplish the next 12 months' quantitative utilization
management performance objectives statewide and for each adult state
prison. The department shall describe initiatives that were
considered and rejected and the reasons for their rejection.
(5) The costs for inmate health care for the previous fiscal year,
both statewide and at each adult state prison, and a comparison of
costs from the fiscal year prior to the fiscal year being reported
both statewide and at each adult state prison.
(e) It is the intent of the Legislature that any activities the
department undertakes to implement the provisions of this section
shall result in no year over year net increase in state costs.
(f) The following definitions shall apply to this section:
(1) "Contract medical costs" mean costs associated with an
approved contractual agreement for the purposes of providing direct
and indirect specialty medical care services.
(2) "Specialty care" means medical services not delivered by
primary care providers.
(3) "Utilization management program" means a strategy designed to
ensure that health care expenditures are restricted to those that are
needed and appropriate by reviewing patient-inmate medical records
through the application of defined criteria or expert opinion, or
both. Utilization management assesses the efficiency of the health
care process and the appropriateness of decisionmaking in relation to
the site of care, its frequency, and its duration through
prospective, concurrent, and retrospective utilization reviews.
(4) "Community hospital" means an institution located within a
city, county, or city and county which is licensed under all
applicable state and local laws and regulations to provide diagnostic
and therapeutic services for the medical diagnosis, treatment, and
care of injured, disabled, or sick persons in need of acute inpatient
medical, psychiatric, or psychological care.
(g) The requirement for submitting a report imposed under
subdivision (d) is inoperative on March 1, 2016, pursuant to Section
10231.5 of the Government Code.
SEC. 5. Section 5024.2 is added to the Penal Code, to read:
5024.2. (a) The Department of Corrections and Rehabilitation is
authorized to maintain and operate a comprehensive pharmacy services
program for those facilities under the jurisdiction of the department
that is both cost effective and efficient, and may incorporate the
following:
(1) A statewide pharmacy administration system with direct
authority and responsibility for program administration and
oversight.
(2) Medically necessary pharmacy services using professionally and
legally qualified pharmacists, consistent with the size and the
scope of medical services provided.
(3) Written procedures and operational practices pertaining to the
delivery of pharmaceutical services.
(4) A multidisciplinary, statewide Pharmacy and Therapeutics
Committee responsible for all of the following:
(A) Developing and managing a department formulary.
(B) Standardizing the strengths and dosage forms for medications
used in department facilities.
(C) Maintaining and monitoring a system for the review and
evaluation of corrective actions related to errors in prescribing,
dispensing, and administering medications.
(D) Conducting regular therapeutic category reviews for
medications listed in the department formulary.
(E) Evaluating medication therapies and providing input to the
development of disease management guidelines used in the department.
(5) A requirement for the use of generic medications, when
available, unless an exception is reviewed and approved in accordance
with an established nonformulary approval process.
(6) Use of an enterprise-based pharmacy operating system that
provides management with information on prescription workloads,
medication utilization, prescribing data, and other key pharmacy
information.
(b) The department is authorized to operate and maintain a
centralized pharmacy distribution center to provide advantages of
scale and efficiencies related to medication purchasing, inventory
control, volume production, drug distribution, workforce utilization,
and increased patient safety. It is the intent of the Legislature
that the centralized pharmacy distribution center and institutional
pharmacies be licensed as pharmacies by the California State Board of
Pharmacy meeting all applicable regulations applying to a pharmacy.
(1) To the extent it is cost effective and efficient, the
centralized pharmacy distribution center should include systems to do
the following:
(A) Order and package bulk pharmaceuticals and prescription and
stock orders for all department correctional facilities.
(B) Label medications as required to meet state and federal
prescription requirements.
(C) Provide barcode validation matching the drug to the specific
prescription or floor stock order.
(D) Sort completed orders for shipping and delivery to department
facilities.
(2) Notwithstanding any other requirements, the department
centralized pharmacy distribution center is authorized to do the
following:
(A) Package bulk pharmaceuticals into both floor stock and
patient-specific packs.
(B) Reclaim, for reissue, unused and unexpired medications.
(C) Distribute the packaged products to department facilities for
use within the state corrections system.
(3) The centralized pharmacy distribution center should maintain a
system of quality control checks on each process used to package,
label, and distribute medications. The quality control system may
include a regular process of random checks by a licensed pharmacist.
(c) The department may investigate and initiate potential
systematic improvements in order to provide for the safe and
efficient distribution and control of, and accountability for, drugs
within the department's statewide pharmacy administration system,
taking into account factors unique to the correctional environment.
(d) The department should ensure that there is a program providing
for the regular inspection of all department pharmacies in the state
to verify compliance with applicable law, rules, regulations, and
other standards as may be appropriate to ensure the health, safety,
and welfare of the department's inmate patients.
(e) On March 1, 2012, and each March 1 thereafter, the department
shall report all of the following to the Joint Legislative Budget
Committee, the Senate Committee on Appropriations, the Senate
Committee on Budget and Fiscal Review, the Senate Committee on
Health, the Senate Committee on Public Safety, the Assembly Committee
on Appropriations, the Assembly Committee on Budget, the Assembly
Committee on Health, and the Assembly Committee on Public Safety:
(1) The extent to which the Pharmacy and Therapeutics Committee
has been established and achieved the objectives set forth in this
section, as well as the most significant reasons for achieving or not
achieving those objectives.
(2) The extent to which the department is achieving the objective
of operating a fully functioning and centralized pharmacy
distribution center, as set forth in this section, that distributes
pharmaceuticals to every adult prison under the jurisdiction of the
department, as well as the most significant reasons for achieving or
not achieving that objective.
(3) The extent to which the centralized pharmacy distribution
center is achieving cost savings through improved efficiency and
distribution of unit dose medications.
(4) A description of planned or implemented initiatives to
accomplish the next 12 months' objectives for achieving the goals set
forth in this section, including a fully functioning and centralized
pharmacy distribution center that distributes pharmaceuticals to
every adult facility under the jurisdiction of the department.
(5) The costs for prescription pharmaceuticals for the previous
fiscal year, both statewide and at each adult prison under the
jurisdiction of the department, and a comparison of these costs with
those of the prior fiscal year.
(f) The requirement for submitting a report imposed under
subdivision (e) is inoperative on March 1, 2016, pursuant to Section
10231.5 of the Government Code.
SEC. 6. Section 5068.5 of the Penal Code is amended to read:
5068.5. (a) Notwithstanding any other law, except as provided in
subdivisions (b) and (c), any person employed or under contract to
provide diagnostic, treatment, or other mental health services in the
state or to supervise or provide consultation on these services in
the state correctional system shall be a physician and surgeon, a
psychologist, or other health professional, licensed to practice in
this state.
(b) Notwithstanding Section 5068 or Section 704 of the Welfare and
Institutions Code, the following persons are exempt from the
requirements of subdivision (a), so long as they continue in
employment in the same class and in the same department:
(1) Persons employed on January 1, 1985, as psychologists to
provide diagnostic or treatment services including those persons on
authorized leave but not including intermittent personnel.
(2) Persons employed on January 1, 1989, to supervise or provide
consultation on the diagnostic or treatment services including
persons on authorized leave but not including intermittent personnel.
(c) (1) The requirements of subdivision (a) may be waived by the
secretary solely for persons in the professions of psychology or
clinical social work who are gaining qualifying experience for
licensure in those professions in this state. Providers working in a
licensed health care facility operated by the department must receive
a waiver in accordance with Section 1277 of the Health and Safety
Code.
(2) A waiver granted pursuant to this subdivision shall not exceed
three years from the date the employment commences in this state in
the case of psychologists, or four years from commencement of the
employment in this state in the case of clinical social workers, at
which time licensure shall have been obtained or the employment shall
be terminated, except that an extension of a waiver of licensure for
clinical social workers may be granted for one additional year,
based on extenuating circumstances determined by the department
pursuant to subdivision (d). For persons employed as psychologists or
clinical social workers less than full time, an extension of a
waiver of licensure may be granted for additional years proportional
to the extent of part-time employment, as long as the person is
employed without interruption in service, but in no case shall the
waiver of licensure exceed six years in the case of clinical social
workers or five years in the case of psychologists. However, this
durational limitation upon waivers shall not apply to active
candidates for a doctoral degree in social work, social welfare, or
social science who are enrolled at an accredited university, college,
or professional school, but these limitations shall apply following
completion of that training.
(3) A waiver pursuant to this subdivision shall be granted only to
the extent necessary to qualify for licensure, except that personnel
recruited for employment from outside this state and whose
experience is sufficient to gain admission to a licensure examination
shall nevertheless have one year from the date of their employment
in California to become licensed, at which time licensure shall have
been obtained or the employment shall be terminated, provided that
the employee shall take the licensure examination at the earliest
possible date after the date of his or her employment, and if the
employee does not pass the examination at that time, he or she shall
have a second opportunity to pass the next possible examination,
subject to the one-year limit for clinical social workers, and
subject to a two-year limit for psychologists.
(d) The department shall grant a request for an extension of a
waiver of licensure for a clinical social worker pursuant to
subdivision (c) based on extenuating circumstances if any of the
following circumstances exist:
(1) The person requesting the extension has experienced a recent
catastrophic event that may impair the person's ability to qualify
for and pass the licensure examination. Those events may include, but
are not limited to, significant hardship caused by a natural
disaster; serious and prolonged illness of the person; serious and
prolonged illness or death of a child, spouse, or parent; or other
stressful circumstances.
(2) The person requesting the extension has difficulty speaking or
writing the English language, or other cultural and ethnic factors
exist which substantially impair the person's ability to qualify for
and pass the license examination.
(3) The person requesting the extension has experienced other
personal hardship that the department, in its discretion, determines
to warrant the extension.
SEC. 7. Section 5072 is added to the Penal Code, to read:
5072. (a) Notwithstanding any other provision of law, the State
Department of Corrections and Rehabilitation and the State Department
of Health Care Services may develop a process to maximize federal
financial participation for the provision of inpatient hospital
services rendered to individuals who, but for their institutional
status as inmates, are otherwise eligible for Medi-Cal pursuant to
Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of
the Welfare and Institutions Code or for the Coverage Expansion and
Enrollment Demonstration (CEED) Project pursuant to Part 3.6
(commencing with Section 15909) of Division 9 of the Welfare and
Institutions Code.
(b) (1) A CEED project shall reimburse a provider for the delivery
of inpatient hospital services pursuant to this section rendered to
an inmate whose county of last legal residence participates in the
CEED project.
(2) The State Department of Health Care Services may at its
discretion require a CEED Project, as a condition of participation as
a CEED project, to enroll an eligible inmate whose county of last
legal residence participates in that CEED project.
(c) (1) The Secretary of the Department of Corrections and
Rehabilitation, in conjunction with the State Department of Health
Care Services, shall develop a process to compensate CEED projects
for the nonfederal share of the payment they expend for both the
provision of inpatient hospital services rendered to inmates
according to this section and for any administrative costs incurred
in support of those services.
(2) Under the process described in paragraph (1), CEED projects
shall be held harmless for any disallowance or deferral when federal
action is taken due to the implementation of the state's policies,
directions, or requirements for the provision of services under this
section.
(3) Under the process described in paragraph (1), CEED projects
shall not experience any additional net expenditures of county funds
due to the provision of services under this section.
(4) Under the process described in paragraph (1), payments made by
CEED projects to providers for the delivery of hospital inpatient
services under this section shall be based upon the rate of
reimbursement that the department paid prior to the enactment of this
section, as adjusted under state law or department contract.
(5) As part of the process described in paragraph (1), the
department shall compensate a CEED project, in the form of a direct
grant, for uncompensated, allowable costs incurred as a result of
delivering services under
this section, including hospital inpatient services rendered to an
inmate by an out-of-network provider.
(6) The state shall indemnify and hold harmless participating
entities that operate CEED projects, including all counties, and all
counties that operate in a consortium that participates as a CEED
project, against any and all losses, including, but not limited to,
claims, demands, liabilities, court costs, judgments, or obligations,
due to the implementation of this section as directed by the
secretary and the State Department of Health Care Services.
(d) (1) Nothing in this section shall be interpreted to restrict
or limit the eligibility or alter county responsibility for payment
of any service delivered to a parolee who has been released from
detention or incarceration and now resides in a county that
participates in the CEED project. If otherwise eligible for the
county's CEED project, the CEED project shall enroll the parolee.
(2) Notwithstanding paragraph (1), at the option of the state, for
enrolled parolees who have been released from detention or
incarceration and now reside in a county that participates in a CEED
project, the CEED project shall reimburse providers for the delivery
of services which are otherwise the responsibility of the state to
provide. Payment for these medical services, including both the state
and federal shares of reimbursement, shall be included as part of
the reimbursement process described in paragraph (1) of subdivision
(c).
(3) Enrollment of individuals in a CEED project under this
subdivision shall be subject to any enrollment limitations described
in subdivision (g) of Section 15910 of the Welfare and Institutions
Code.
(e) The department shall be responsible to the CEED project for
the nonfederal share of any reimbursement made for the provision of
inpatient hospital services rendered to inmates pursuant to this
section who are eligible for and enrolled in that CEED project.
(f) Except as otherwise provided by paragraph (5) of subdivision
(c), and notwithstanding any other provision of law, the inpatient
hospital services eligible for reimbursement under this section shall
be limited to only those services which are subject to funding with
federal financial participation pursuant to Title XIX of the Social
Security Act.
(g) This section shall have no force or effect if there is a final
judicial determination made by any state or federal court that is
not appealed, or by a court of appellate jurisdiction that is not
further appealed, in any action by any party, or a final
determination by the administrator of the federal Centers for
Medicare and Medicaid Services, that limits or affects the department'
s authority to select the hospitals used to provide inpatient
hospital services to inmates.
(h) It is the intent of the Legislature that the implementation of
this section will result in state General Fund savings for the
funding of inpatient hospital services and any related administrative
costs to the inmate population.
(i) Any agreements entered into between the department and any
CEED project to provide for reimbursement of services and
administrative expenditures as described in subdivision (c) shall not
be subject to Part 2 (commencing with Section 10100) of Division 2
of the Public Contract Code.
(j) This section shall be implemented in a manner that is
consistent with federal Medicaid law and regulations. The Director of
the State Department of Health Care Services shall seek any federal
approvals necessary for the implementation of this section. This
section shall be implemented only if and to the extent that any
necessary federal approval is obtained, and only to the extent that
existing levels of federal financial participation are not otherwise
jeopardized.
(k) To the extent that the Director of the State Department of
Health Care Services determines that existing levels of federal
financial participation are jeopardized, this section shall no longer
be implemented.
(l) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the State
Department of Health Care Services may, without taking any further
regulatory action, implement this section by means of all-county
letters, provider bulletins, facility letters, or similar
instructions.
(m) For purposes of this section, the following terms have the
following meanings:
(1) The term "county of last legal residence" means the county in
which the inmate resided at the time of arrest that resulted in
conviction and incarceration in a state prison facility.
(2) The term "inmate" means an adult who is involuntarily residing
in a state prison facility operated, administered, or regulated,
directly or indirectly, by the department.
(3) During the existence of the receivership established in United
States District Court for the Northern District of California, Case
No. CO1-1351 TEH, Plata v. Schwarzenegger, references in this section
to the "secretary" shall mean the receiver appointed in that action,
who shall implement portions of this section that would otherwise be
within the secretary's responsibility.
SEC. 8. Section 7050 of the Penal Code is amended to read:
7050. (a) (1) Section 28 of Chapter 7 of the Statutes of 2007
contains an appropriation of three hundred million dollars
($300,000,000) for capital outlay to be allocated to renovate,
improve, or expand infrastructure capacity at existing prison
facilities. The funds appropriated by that section may be used for
land acquisition, environmental services, architectural programming,
engineering assessments, schematic design, preliminary plans, working
drawings, and construction.
(2) These funds may also be used to address deficiencies related
to utility systems owned by local government entities and serving
state prison facilities subject to the provisions of Section 54999 of
the Government Code. The department shall report on any funds to be
expended for this purpose to the Joint Legislative Budget Committee.
If the committee fails to take any action with respect to each
notification within 20 days after submittal, this inaction shall be
deemed to be approval for purposes of this section.
(3) These funds may also be used for study and acquisition of
options to purchase real property for reentry facilities authorized
in Chapter 9.8 (commencing with Section 6270). Funds may be allocated
with the approval of the Department of Finance for site
investigation and real estate due diligence activities preliminary to
the site selection and acquisition of interests in real property. In
performing these activities, the Department of Corrections and
Rehabilitation is authorized, upon approval of the State Public Works
Board, to enter into agreements for the acquisition of an option to
purchase real property.
(4) These funds may also be used for the design and construction
of improvements to dental facilities at state prison facilities.
(5) This subdivision authorizes the scope and cost of a single
capital outlay project for purposes of calculating augmentations
pursuant to Section 13332.11 or 13332.19.
(b) The scope and costs of the projects described in subdivision
(a) of this section shall be subject to approval and administrative
oversight by the State Public Works Board, including augmentations,
pursuant to Section 13332.11 or 13332.19 of the Government Code. The
availability of an augmentation for each individual project
allocation shall be based on the total applicable capital outlay
appropriation contained in Section 28 of Chapter 7 of the Statutes of
2007 and is not limited to 20 percent of the individual project
allocation. These requirements shall be applied separately to each
institution. All of the necessary infrastructure improvements at each
institution may be treated as one project such that there would be
one infrastructure improvement project at each institution. The scope
and cost of each infrastructure improvement project shall be
established by the board individually. The amount of the total
appropriation in Section 28 of Chapter 7 of the Statutes of 2007 that
is necessary for each infrastructure improvement project shall be
allocated by institution. The appropriation may be allocated based on
current estimates. These initial allocations may be adjusted
commensurate to changes that occur during the progression of the
projects. As allocations are made or adjusted, the anticipated
deficit or savings shall be continuously tracked and reported. Once
the total appropriation has been allocated, any augmentation
necessary to fund an anticipated deficit shall be based on the total
appropriation and allocated to each project as necessary. The Joint
Legislative Budget Committee shall be notified 30 days prior to the
establishment of scope, schedule, and cost for each project by the
board. The Department of Corrections and Rehabilitation shall notify
the Joint Legislative Budget Committee 45 days prior to the
submission of preliminary plans to the board for each project. If,
after providing these notifications to the Joint Legislative Budget
Committee, the committee fails to take any action with respect to the
notifications within the specified time periods, this inaction will
be deemed to be approval for purposes of this section. The Department
of Corrections and Rehabilitation shall report on the allocations
from the appropriation in Section 28 of Chapter 7 of the Statutes of
2007 and the anticipated deficit or savings to the Joint Legislative
Budget Committee quarterly.
(c) The scope and costs of the projects described in subdivision
(a) shall be part of the Department of Corrections and Rehabilitation'
s Master Plan, as defined in Section 7000.
(d) The reporting requirements set forth in Sections 7000 and
7003.5 shall apply separately to each project constructed or
renovated pursuant to this section. For all purposes other than
calculating augmentations pursuant to Section 13332.11 or 13332.19
each improvement authorized under subdivision (a) is considered a
separate project.
SEC. 9. Section 607 of the Welfare and Institutions Code is
amended to read:
607. (a) The court may retain jurisdiction over any person who is
found to be a ward or dependent child of the juvenile court until
the ward or dependent child attains the age of 21 years, except as
provided in subdivisions (b), (c), and (d).
(b) The court may retain jurisdiction over any person who is found
to be a person described in Section 602 by reason of the commission
of any of the offenses listed in subdivision (b), paragraph (2) of
subdivision (d), or subdivision (e) of Section 707 until that person
attains the age of 25 years if the person was committed to the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities.
(c) The court shall not discharge any person from its jurisdiction
who has been committed to the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities so long as the person
remains under the jurisdiction of the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, including periods of
extended control ordered pursuant to Section 1800.
(d) The court may retain jurisdiction over any person described in
Section 602 by reason of the commission of any of the offenses
listed in subdivision (b), paragraph (2) of subdivision (d), or
subdivision (e) of Section 707 who has been confined in a state
hospital or other appropriate public or private mental health
facility pursuant to Section 702.3 until that person has attained the
age of 25 years, unless the court which committed the person finds,
after notice and hearing, that the person's sanity has been restored.
(e) The court may retain jurisdiction over any person while that
person is the subject of a warrant for arrest issued pursuant to
Section 663.
SEC. 10. Section 607.1 is added to the Welfare and Institutions
Code, to read:
607.1. (a) This section shall become operative on the 90th day
after the enactment of the act adding this section.
(b) (1) Notwithstanding Section 607, the court shall retain
jurisdiction as described in paragraph (2) over any person who meets
both of the following criteria:
(A) The person has been discharged from the physical custody of a
facility of the Department of Corrections and Rehabilitation,
Division of Juvenile Facilities.
(B) The person is subject to subdivision (b) of Section 1766 or
subdivision (c) of Section 1766.01.
(2) The court shall retain jurisdiction over a person who is
described in paragraph (1) until one of the following applies:
(A) The person attains the age of 25 years.
(B) The court terminates jurisdiction pursuant to Section 778 or
779, or any other applicable law.
(C) Jurisdiction is terminated by operation of any other
applicable law.
SEC. 11. Section 731.1 of the Welfare and Institutions Code is
amended to read:
731.1. (a) Notwithstanding any other law, the court committing a
ward to the Department of Corrections and Rehabilitation, Division of
Juvenile Facilities, upon the recommendation of the chief probation
officer of the county, may recall that commitment in the case of any
ward whose commitment offense was not an offense listed in
subdivision (b) of Section 707, unless the offense was a sex offense
set forth in subdivision (c) of Section 290.008 of the Penal Code,
and who remains confined in an institution operated by the division
on or after September 1, 2007. Upon recall of the ward, the court
shall set and convene a recall disposition hearing for the purpose of
ordering an alternative disposition for the ward that is appropriate
under all of the circumstances prevailing in the case. The court
shall provide to the division no less than 15 days advance notice of
the recall hearing date, and the division shall transport and deliver
the ward to the custody of the probation department of the
committing county no less than five days prior to the scheduled date
of the recall hearing. Pending the recall disposition hearing, the
ward shall be supervised, detained, or housed in the manner and
place, consistent with the requirements of law, as may be directed by
the court in its order of recall. The timing and procedure of the
recall disposition hearing shall be consistent with the rules,
rights, and procedures applicable to delinquency disposition
hearings, as described in Article 17 (commencing with Section 675).
(b) A court may also convene a recall disposition hearing, as
specified in subdivision (a), regarding any ward who is released to
parole supervision prior to the 90th day after the enactment of the
act adding this subdivision.
SEC. 12. Section 1719 of the Welfare and Institutions Code is
amended to read:
1719. (a) This section applies only to a ward who is released to
parole supervision prior to the 90th day after the enactment of the
act adding this subdivision.
(b) Commencing July 1, 2005, the following powers and duties shall
be exercised and performed by the Juvenile Parole Board: discharges
of commitment, orders to parole and conditions thereof, revocation or
suspension of parole, and disciplinary appeals.
(c) Any ward may appeal an adjustment to his or her parole
consideration date to a panel comprised of at least two
commissioners.
(d) 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,
determination of offense category, setting of parole consideration
dates, conducting annual reviews, treatment program orders,
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.
(e) 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 extend a
ward's discharge consideration date, subject to appeal pursuant to
subdivision (c), from one to not more than 12 months, inclusive, for
a sustained serious misconduct violation if all other sanctioning
options have been considered and determined to be unsuitable in light
of the ward's previous case history and the circumstances of the
misconduct. In any case in which a discharge consideration date has
been extended, the disposition report shall clearly state the reasons
for the extension. The length of any discharge consideration date
extension shall be based on the seriousness of the misconduct, the
ward's prior disciplinary history, the ward's progress toward
treatment objectives, the ward's earned program credits, and any
extenuating or mitigating circumstances. The department shall
promulgate regulations to implement a table of sanctions to be used
in determining discharge consideration date extensions. The
department also may promulgate regulations to establish a process for
granting wards who have successfully responded to disciplinary
sanctions a reduction of up to 50 percent of any time acquired for
disciplinary matters.
(f) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 13. Section 1719 is added to the Welfare and Institutions
Code, to read:
1719. (a) The following powers and duties shall be exercised and
performed by the Juvenile Parole Board: 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.
(b) Any ward may appeal a decision by the Juvenile Parole Board 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, conducting annual reviews, treatment
program orders, 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 extend a
ward's discharge consideration date, subject to appeal pursuant to
subdivision (b), from one to not more than 12 months, inclusive, for
a sustained serious misconduct violation if all other sanctioning
options have been considered and determined to be unsuitable in light
of the ward's previous case history and the circumstances of the
misconduct. In any case in which a discharge consideration date has
been extended, the disposition report shall clearly state the reasons
for the extension. The length of any discharge consideration date
extension shall be based on the seriousness of the misconduct, the
ward's prior disciplinary history, the ward's progress toward
treatment objectives, the ward's earned program credits, and any
extenuating or mitigating circumstances. The department shall
promulgate regulations to implement a table of sanctions to be used
in determining discharge consideration date extensions. The
department also may promulgate regulations to establish a process for
granting wards who have successfully responded to disciplinary
sanctions a reduction of up to 50 percent of any time acquired for
disciplinary matters.
(e) This section shall become operative on July 1, 2014.
SEC. 14. Section 1719.5 is added to the Welfare and Institutions
Code, to read:
1719.5. (a) This section shall become operative on the 90th day
after the enactment of the act adding this section.
(b) The following powers and duties shall be exercised and
performed by the Juvenile Parole Board: discharges of commitment,
orders for discharge from the jurisdiction of the Division of
Juvenile Facilities to the jurisdiction of the committing court,
revocation or suspension of parole, and disciplinary appeals.
(c) Any ward may appeal a decision by the Juvenile Parole Board to
deny discharge to a panel comprised of at least two commissioners.
(d) 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, conducting annual reviews, treatment
program orders, 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.
(e) 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 extend a
ward's discharge consideration date, subject to appeal pursuant to
subdivision (c), from one to not more than 12 months, inclusive, for
a sustained serious misconduct violation if all other sanctioning
options have been considered and determined to be unsuitable in light
of the ward's previous case history and the circumstances of the
misconduct. In any case in which a discharge consideration date has
been extended, the disposition report shall clearly state the reasons
for the extension. The length of any discharge consideration date
extension shall be based on the seriousness of the misconduct, the
ward's prior disciplinary history, the ward's progress toward
treatment objectives, the ward's earned program credits, and any
extenuating or mitigating circumstances. The department shall
promulgate regulations to implement a table of sanctions to be used
in determining discharge consideration date extensions. The
department also may promulgate regulations to establish a process for
granting wards who have successfully responded to disciplinary
sanctions a reduction of up to 50 percent of any time acquired for
disciplinary matters.
(f) This section applies only to a ward who is discharged from
state jurisdiction to the jurisdiction of the committing court on or
after the operative date of this section.
(g) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 15. Section 1766 of the Welfare and Institutions Code is
amended to read:
1766. (a) This section applies only to a ward who is released to
parole supervision prior to the operative date of the act adding this
subdivision.
(b) Subject to Sections 733 and 1767.35, and subdivision (c) of
this section, if a person has been committed to the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities, the
Juvenile Parole Board, 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 (b) of
Section 1719, may do any of the following:
(1) Permit the ward his or her liberty under supervision and upon
conditions it believes are best designed for the protection of the
public.
(2) Order his or her confinement under conditions it believes best
designed for the protection of the public pursuant to the purposes
set forth in Section 1700, except that a person committed to the
division pursuant to Sections 731 or 1731.5 may 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. Nothing in this
subdivision limits the power of the board to retain the minor or the
young adult on parole status for the period permitted by Sections
1769, 1770, and 1771.
(3) Order reconfinement or renewed release under supervision as
often as conditions indicate to be desirable.
(4) Revoke or modify any parole or disciplinary appeal order.
(5) Modify an order of discharge if conditions indicate that the
modification is desirable and when that modification is to the
benefit of the person committed to the division.
(6) Discharge him or her from its control when it is satisfied
that discharge is consistent with the protection of the public.
(c) The following provisions shall apply to any ward eligible for
release on parole on or after September 1, 2007, who was committed to
the custody of the Division of Juvenile Facilities for an offense
other than one described in subdivision (b) of Section 707 or
subdivision (c) of Section 290.008 of the Penal Code:
(1) The county of commitment shall supervise the reentry of any
ward released on parole on or after September 1, 2007, who was
committed to the custody of the division for committing an offense
other than those described in subdivision (b) of Section 707 or
subdivision (c) of Section 290.008 of the Penal Code.
(2) Not less
than 60 days prior to the scheduled parole 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 parole
consideration hearing date.
(3) (A) Not less than 30 days prior to the scheduled parole
consideration hearing, the division shall notify the ward of the date
and location of the parole 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 parole 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
parole 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 into a division facility, and again upon
attaining 18 years of age while 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 parole
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 parole consideration hearing, the Board of Parole
Hearings shall, in determining whether the ward is to be released,
consider a reentry supervision plan submitted by the county.
(5) Any ward described in this subdivision who is granted parole
shall be placed on parole jurisdiction for up to 15 court days
following his or her release. The board shall notify the probation
department and the court of the committing county within 48 hours of
a decision to release a ward.
(6) Within 15 court days of the release by the division of a ward
described in this subdivision, 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 probation that
are appropriate under all the circumstances of the case. The court
shall, to the extent it deems appropriate, incorporate a 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 division shall have no further jurisdiction over a ward
described in this subdivision who is released on parole by the board
upon the ward's court appearance pursuant to paragraph (5).
(d) Within 60 days of intake, the division shall provide the court
and the probation department with a treatment plan for the ward.
(e) A ward shall be entitled to an appearance hearing before a
panel of board commissioners for any action that would result in the
extension of a parole consideration date pursuant to subdivision (d)
of Section 5076.1 of the Penal Code.
(f) The department shall promulgate policies and regulations to
implement this section.
(g) Commencing on July 1, 2004, 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 parole 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
parole consideration date, including the category assigned to the
ward, the amount of time added to or subtracted from the parole
consideration date, and the specific reason for the change.
(4) The percentage of wards who have had a parole consideration
date changed to a later date, the percentage of wards who have had a
parole 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.
(h) As used in subdivision (g), 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.
(i) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 16. Section 1766 is added to the Welfare and Institutions
Code, 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 Juvenile Parole Board, 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 juvenile court pursuant to subdivision (b).
(2) Order his or her confinement under conditions the board
believes best designed for the protection of the public pursuant to
the purposes set forth in Section 1700, except that a person
committed to the division pursuant to Section 731 or 1731.5 may 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.
(3) Discharge him or her from any formal supervision when the
board is satisfied that discharge is consistent with the protection
of the public.
(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 Juvenile Parole
Board shall, in determining whether the ward is to be released,
consider a reentry supervision plan submitted by the county.
(5) If the Juvenile Parole Board 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 and consistent with the provisions of Section 1984,
commencing July 1, 2014, all wards who remain on parole under the
jurisdiction of the Division of Juvenile Facilities shall be
discharged and transferred to the supervision of the committing court
for the remainder of their jurisdiction.
(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 July 1, 2014, 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.
(f) This section shall become operative on July 1, 2014.
SEC. 17. Section 1766.01 is added to the Welfare and Institutions
Code, to read:
1766.01. (a) This section shall become operative on the 90th day
after the enactment of the act adding this section.
(b) Subject to Sections 733 and 1767.36, and subdivision (c) of
this section, if a person has been committed to the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities, the
Juvenile Parole Board, 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 (b) of
Section 1719.5, 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 juvenile court pursuant to subdivision (c).
(2) Order his or her confinement under conditions the board
believes best designed for the protection of the public pursuant to
the purposes set forth in Section 1700, except that a person
committed to the division pursuant to Section 731 or 1731.5 may 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.
(3) Discharge him or her from any formal supervision when the
board is satisfied that discharge is consistent with the protection
of the public.
(c) 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 who are
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 Juvenile Parole
Board shall, in determining whether the ward is to be released,
consider a reentry supervision plan submitted by the county.
(5) If the Juvenile Parole Board determines that a ward is ready
for discharge to county supervision pursuant to subdivision (b), 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 that 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 that
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.
(d) 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.
(e) Commencing July 1, 2011, 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.
(f) As used in subdivision (e), 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.
(g) This section applies only to a ward who is discharged from
state jurisdiction to the jurisdiction of the committing court on or
after the operative date of this section.
(h) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 18. Section 1767.35 of the Welfare and Institutions Code is
amended to read:
1767.35. (a) This section applies to a ward who is paroled prior
to the 90th day after the enactment of the act adding this section.
(b) A ward who has been committed to the Division of Juvenile
Facilities for the commission of an offense described in subdivision
(b) of Section 707 or an offense described in subdivision (c) of
Section 290.008 of the Penal Code and who has been placed on parole
subject to the jurisdiction of the Division of Juvenile Parole
Operations shall, upon an alleged violation of his or her conditions
of parole, be subject to the juvenile parole revocation process and
the jurisdiction of the Juvenile Parole Board and shall be eligible
for return to the custody of the Division of Juvenile Facilities upon
the suspension, cancellation, or revocation of parole.
(c) A parolee who is under the jurisdiction of the division for
the commission of an offense not described in subdivision (b) of
Section 707 or subdivision (c) of Section 290.008 of the Penal Code
shall be returned to the county of commitment upon the suspension,
cancellation, or revocation of parole. If a ward subject to this
subdivision is detained by the Division of Juvenile Parole Operations
for the purpose of initiating proceedings to suspend, cancel, or
revoke the ward's parole, the division shall notify the court and
probation department of the committing county within 48 hours of the
ward's detention that the ward is subject to parole violation
proceedings. Within 15 days of a parole violation notice from the
division, the committing court shall conduct a reentry disposition
hearing for the ward. Pending the hearing, the ward may be detained
by the division, provided that the division shall deliver the ward to
the custody of the probation department in the county of commitment
not more than three judicial days nor less than two judicial days
prior to the reentry disposition hearing. At the hearing, at which
the ward shall be entitled to representation by counsel, the court
shall consider the alleged violation of parole, the risks and needs
presented by the ward, and the reentry disposition programs and
sanctions that are available for the ward, and enter a disposition
order consistent with these considerations and the protection of the
public. The ward shall be fully informed by the court of the terms,
conditions, responsibilities, and sanctions that are relevant to the
reentry plan that is adopted by the court. Upon delivery to the
custody of the probation department for local proceedings under this
subdivision, the Division of Juvenile Facilities and the Board of
Parole Hearings shall have no further jurisdiction or parole
supervision responsibility for a ward subject to this subdivision.
The procedure of the reentry disposition hearing, including the
detention status of the ward in the event continuances are ordered by
the court, shall 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.
(d) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 19. Section 1767.35 is added to the Welfare and Institutions
Code, to read:
1767.35. (a) For a ward discharged from the Division of Juvenile
Facilities to the jurisdiction of the committing court, that person
may be detained by probation, for the purpose of initiating
proceedings to modify the ward's conditions of supervision entered
pursuant to paragraph (6) of subdivision (b) of Section 1766 if there
is probable cause to believe that the ward has violated any of the
court-ordered conditions of supervision. Within 15 days of detention,
the committing court shall conduct a modification hearing for the
ward. Pending the hearing, the ward may be detained by probation. At
the hearing authorized by this subdivision, at which the ward shall
be entitled to representation by counsel, the court shall consider
the alleged violation of conditions of supervision, the risks and
needs presented by the ward, and the supervision programs and
sanctions that are available for the ward. Modification may include,
as a sanction for a finding of a serious violation or a series of
repeated violations of the conditions of supervision, an order for
the reconfinement of a ward
under 18 years of age in a juvenile facility, or for the
reconfinement of a ward 18 years of age or older in a juvenile
facility as authorized by Section 208.5, or for the reconfinement of
a ward 18 years of age or older in a local adult facility as
authorized by subdivision (b), or the Division of Juvenile Facilities
as authorized by subdivision (c). The ward shall be fully informed
by the court of the terms, conditions, responsibilities, and
sanctions that are relevant to the order that is adopted by the
court. The procedure of the supervision modification hearing,
including the detention status of the ward in the event continuances
are ordered by the court, shall 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.
(b) Notwithstanding any other law, subject to Chapter 1.6.
(commencing with Section 1980), and consistent with the maximum
periods of time set forth in Section 731, in any case in which a
person who was committed to and discharged from the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities to
the jurisdiction of the committing court attains 18 years of age
prior to being discharged from the division or during the period of
supervision by the committing court, the court may, upon a finding
that the ward violated his or her conditions of supervision and after
consideration of the recommendation of the probation officer and
pursuant to a hearing conducted according to the provisions of
subdivision (a), order that the person be delivered to the custody of
the sheriff for a period not to exceed a total of 90 days, as a
custodial sanction consistent with the reentry goals and requirements
imposed by the court pursuant to paragraph (6) of subdivision (b) of
Section 1766. Notwithstanding any other law, the sheriff may allow
the person to come into and remain in contact with other adults in
the county jail or in any other county correctional facility in which
he or she is housed.
(c) Notwithstanding any other law and subject to Chapter 1.6
(commencing with Section 1980), in any case in which a person who was
committed to and discharged from the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, to the jurisdiction
of the committing court, the juvenile court may, upon a finding that
the ward violated his or her conditions of supervision and after
consideration of the recommendation of the probation officer and
pursuant to a hearing conducted according to the provisions of
subdivision (a), order that the person be returned to the custody of
the Department of Corrections and Rehabilitation, Division of
Juvenile Facilities, for a specified amount of time no shorter than
90 days and no longer than one year. This return shall be a sanction
consistent with the reentry goals and requirements imposed by the
court pursuant to paragraph (6) of subdivision (b) of Section 1766. A
decision to return a ward to the custody of the Division of Juvenile
Facilities can only be made pursuant to the court making the
following findings: (1) that appropriate local options and programs
have been exhausted, and (2) that the ward has available confinement
time that is greater than or equal to the length of the return.
(d) Upon ordering a ward to the custody of the Division of
Juvenile Facilities, the court shall send to the Division of Juvenile
Facilities a copy of its order along with a copy of the ward's
probation plans and history while under the supervision of the
county.
(e) This section shall become operative on July 1, 2014.
SEC. 20. Section 1767.36 is added to the Welfare and Institutions
Code, to read:
1767.36. (a) This section applies to a ward who is discharged
from state jurisdiction to the jurisdiction of the committing court
on or after the 90th day after the enactment of the act adding this
section.
(b) For a ward discharged from the Division of Juvenile Facilities
to the jurisdiction of the committing court, that person may be
detained by probation, for the purpose of initiating proceedings to
modify the ward's conditions of supervision entered pursuant to
paragraph (6) of subdivision (c) of Section 1766.01 if there is
probable cause to believe that a ward has violated any of the
court-ordered conditions of supervision. Within 15 days of detention,
the committing court shall conduct a modification hearing for the
ward. Pending the hearing, the ward may be detained by probation. At
the hearing authorized by this subdivision, at which the ward shall
be entitled to representation by counsel, the court shall consider
the alleged violation of conditions of supervision, the risks and
needs presented by the ward, and the supervision programs and
sanctions that are available for the ward. Modification may include,
as a sanction for a finding of a serious violation or a series of
repeated violations of the conditions of supervision, an order for
the reconfinement of a ward under 18 years of age in a juvenile
facility, or for the reconfinement of a ward 18 years of age or older
in a juvenile facility as authorized by Section 208.5, or for the
reconfinement of a ward 18 years of age or older in a local adult
facility as authorized by subdivision (c), or the Division of
Juvenile Facilities as authorized by subdivision (d). The ward shall
be fully informed by the court of the terms, conditions,
responsibilities, and sanctions that are relevant to the order that
is adopted by the court. The procedure of the supervision
modification hearing, including the detention status of the ward in
the event continuances are ordered by the court, shall 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.
(c) Notwithstanding any other law, subject to Chapter 1.6.
(commencing with Section 1980), and consistent with the maximum
periods of time set forth in Section 731, in any case in which a
person who was committed to and discharged from the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities to
the jurisdiction the committing court attains 18 years of age prior
to being discharged from the division or during the period of
supervision by the committing court, the court may, upon a finding
that the ward violated his or her conditions of supervision and after
consideration of the recommendation of the probation officer and
pursuant to a hearing conducted according to the provisions of
subdivision (b), order that the person be delivered to the custody of
the sheriff for a period not to exceed a total of 90 days, as a
custodial sanction consistent with the reentry goals and requirements
imposed by the court pursuant to paragraph (6) of subdivision (c) of
Section 1766.01. Notwithstanding any other law, the sheriff may
allow the person to come into and remain in contact with other adults
in the county jail or in any other county correctional facility in
which he or she is housed.
(d) Notwithstanding any other law and subject to Chapter 1.6
(commencing with Section 1980), in any case in which a person who was
committed to and discharged from the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, to the jurisdiction
of the committing court, the juvenile court may, upon a finding that
the ward violated his or her conditions of supervision and after
consideration of the recommendation of the probation officer and
pursuant to a hearing conducted according to the provisions of
subdivision (b), order that the person be returned to the custody of
the Department of Corrections and Rehabilitation, Division of
Juvenile Facilities, for a specified amount of time no shorter than
90 days and no longer than one year. This return shall be a sanction
consistent with the reentry goals and requirements imposed by the
court pursuant to paragraph (6) of subdivision (c) of Section
1766.01. A decision to return a ward to the custody of the Division
of Juvenile Facilities can only be made pursuant to the court making
the following findings: (1) that appropriate local options and
programs have been exhausted, and (2) that the ward has available
confinement time that is greater than or equal to the length of the
return.
(e) Upon ordering a ward to the custody of the Division of
Juvenile Facilities, the court shall send to the Division of Juvenile
Facilities a copy of its order along with a copy of the ward's
probation plans and history while under the supervision of the
county.
(f) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 21. Section 1973 of the Welfare and Institutions Code is
amended to read:
1973. (a) The board may issue up to three hundred million dollars
($300,000,000) in revenue bonds, notes, or bond anticipation notes,
pursuant to Chapter 5 (commencing with Section 15830) of Part 10b of
Division 3 of Title 2 of the Government Code to finance the
acquisition, design, renovation, or construction, and a reasonable
construction reserve, of approved local youthful offender
rehabilitative facilities described in Section 1971, and any
additional amount authorized under Section 15849.6 of the Government
Code to pay for the cost of financing.
(b) Proceeds from the revenue bonds, notes, or bond anticipation
notes may be utilized to reimburse a participating county for the
costs of acquisition, design, and construction for approved projects.
(c) Notwithstanding Section 13340 of the Government Code, funds
derived pursuant to this section are continuously appropriated for
purposes of this article.
(d) This section shall become inoperative on June 30, 2017. No
projects shall be commenced after that date, but projects already
commenced may be completed and financed through the issuance of bonds
pursuant to this article.
SEC. 22. Section 1975 of the Welfare and Institutions Code is
amended to read:
1975. (a) The authority shall adhere to its duly adopted
regulations for the approval or disapproval of local youthful
offender rehabilitative facilities. The authority also shall consider
cost-effectiveness in determining approval or disapproval. No state
moneys shall be encumbered in contracts let by a participating county
until either final architectural plans and specifications have been
approved by the authority, and subsequent construction bids have been
received, or documents prepared by a participating county pursuant
to paragraph (1) of subdivision (d) of Section 20133 of the Public
Contract Code have been approved by the Corrections Standards
Authority, and a design-build contract has been awarded pursuant to
that section. The review and approval of plans, specifications, or
other documents by the authority are for the purpose of ensuring
proper administration of moneys and determination of whether the
project specifications comply with law and regulation. The authority
may require changes in construction materials to enhance safety and
security if materials proposed at the time of final plans and
specifications are not essential and customary as used statewide for
facilities of the same security level. Participating counties are
responsible for the acquisition, design, renovation, construction,
staffing, operation, repair, and maintenance of the project.
(b) The authority shall establish minimum standards and funding
schedules and procedures, which shall take into consideration, but
not be limited to, all of the following:
(1) Certification by a participating county of project site
control through either fee simple ownership of the site or comparable
long-term possession of the site, and right of access to the project
sufficient to ensure undisturbed use and possession.
(2) Documentation of need for the project.
(3) A written project proposal.
(4) Submittal of a staffing plan for the project, including
operational cost projections and documentation that the local
youthful offender rehabilitative facility will be able to be safety
staffed and operated within 90 days of completion.
(5) Submittal of architectural drawings, which shall be approved
by the authority for compliance with minimum youthful offender
rehabilitation facility standards and which also shall be approved by
the State Fire Marshal for compliance with fire safety and life
safety requirements.
(6) Documentation evidencing the filing by a participating county
of a final notice of determination on its environmental impact
report.
(7) Provisions intended to maintain the tax-exempt status of the
bonds, notes, or bond anticipation notes issued by the board.
SEC. 23. Chapter 1.6 (commencing with Section 1980) is added to
Division 2.5 of the Welfare and Institutions Code, to read:
CHAPTER 1.6. JUVENILE REENTRY GRANT FOR THE REENTRY OF PERSONS
DISCHARGED FROM THE DIVISION OF JUVENILE FACILITIES
1980. The purpose of this chapter is to provide for the local
supervision of persons discharged from the custody of the Division of
Juvenile Facilities.
1981. (a) There is hereby established a Juvenile Reentry Fund.
Moneys allocated for local supervision of persons discharged from the
custody of the Division of Juvenile Facilities authorized in
Sections 1983 and 1984 shall be deposited into this fund from the
General Fund. Any moneys deposited into this fund shall be
administered by the Controller and the share calculated for each
county probation department shall be transferred to its Juvenile
Reentry Fund authorized in subdivision (b).
(b) Each county is hereby authorized to establish in each county
treasury a Juvenile Reentry Fund to receive all amounts allocated to
that county probation department for purposes of implementing this
chapter.
(c) Allocations from the Juvenile Reentry Fund shall be expended
exclusively to address local program needs for persons discharged
from the custody of the Division of Juvenile Facilities. County
probation departments, in expending the Juvenile Reentry Grant
allocation, shall provide evidence-based supervision and detention
practices and rehabilitative services to persons who are subject to
the jurisdiction of the juvenile court who were committed to and
discharged from the Department of Corrections and Rehabilitation,
Division of Juvenile Facilities. "Evidence-based" refers to
supervision and detention policies, procedures, programs, and
practices demonstrated by scientific research to reduce recidivism
among individuals on probation or under postrelease supervision.
(d) Funds allocated pursuant to subdivision (c) shall supplement
existing services and shall not be used to supplant any existing
funding by local agencies for existing services provided by that
entity.
(e) The funding provided under this chapter is intended to provide
payment in full for all local government costs of the supervision,
programming, education, incarceration or any other cost resulting
from persons discharged from custody or held in local facilities
pursuant to the provisions of this act.
1982. (a) The Department of Corrections and Rehabilitation,
Division of Juvenile Justice shall provide an annual report,
commencing July 10, 2011, and annually thereafter, for the preceding
fiscal year, with information sorted by county, to the Department of
Finance that includes, but is not limited to, the following:
(1) The name of each ward discharged from a Division of Juvenile
Justice facility on or after 90 days after the enactment of this
section, excluding parole violators who were originally released to
parole on or after 90 days after the enactment of this section, and
the date each ward was released to local supervision.
(2) The name of each parolee recalled pursuant to Section 731.1 on
or after 90 days after the enactment of this section, the remaining
term of supervision, and the date each ward was recalled.
(b) The Chief Probation Officers of California shall, in
consultation with the Corrections Standards Authority, provide an
annual report, commencing on July 10, 2011, and annually thereafter,
for the preceding fiscal year, with information sorted by county, to
the Department of Finance that includes, but is not limited to, the
following: the name of each discharged ward returned to a local
juvenile detention facility for violating a condition of
court-ordered supervision that occurred during the first 24 months
after the ward's initial release to local supervision, and the number
of months each violator was housed in a local juvenile detention
facility. The Corrections Standards Authority may audit the
information included in the annual report required by this section.
1983. For each fiscal year, beginning in the 2011-12 fiscal year,
and each subsequent fiscal year thereafter, the Director of Finance
shall calculate the Juvenile Reentry Grant and the allocation for
each county probation department, pursuant to Section 1984 and shall
report those findings to the Controller. The Controller shall make an
allocation from the Juvenile Reentry Grant to each county probation
department in accordance with the report.
1984. (a) The amount allocated to each county probation
department from the Juvenile Reentry Grant shall be distributed in
two equal payments to be paid on October 30 and May 30 of each fiscal
year pursuant to the criteria set forth in this section.
(b) Consistent with Sections 1766 and 1766.01, funds shall be
allocated in the amount of fifteen thousand dollars ($15,000) on an
average daily population basis per ward discharged to the
jurisdiction of the court and ordered by the court to be supervised
by local county probation for monitoring and services during the
previous fiscal year based on the actual number of discharged wards
supervised at the local level. For each discharged ward, this funding
shall be provided for 24 months.
(c) Consistent with Sections 208.5, 1767.35, and 1767.36, funds
shall be allocated in the amount of one hundred fifteen thousand
dollars ($115,000) on an average daily population basis per
discharged ward transferred to a local juvenile facility for
violating a condition of court-ordered supervision during the
previous fiscal year based on the actual number of discharged wards
housed in a local juvenile detention facility or court-ordered
placement facility where the costs of the housing is not reimbursable
to the county through Title IV-E of the federal Social Security Act,
or Medi-Cal. For each discharged ward, this funding shall be
provided for the actual number of months the ward is housed in a
facility up to 12 months. This funding shall not be provided for
wards housed in a jail under any circumstances.
(d) Consistent with Section 731.1, funds shall be allocated in the
amount of fifteen thousand dollars ($15,000) on an average daily
population basis per parolee recalled by the county of commitment for
monitoring and services during the previous fiscal year based on the
actual number of parolees recalled. For each recalled parolee, this
funding shall be provided for the remaining duration of the term of
state supervision, not to exceed 24 months.
(e) Consistent with Sections 1766 and 1766.01, funds shall be
allocated in the amount of fifteen thousand dollars ($15,000) on an
average daily population basis per discharged ward transferred to the
county of commitment for monitoring and services during the previous
fiscal year based on the actual number of wards transferred. For
each ward transferred on and after July 1, 2014, this funding shall
be provided for the remaining duration of the term of juvenile court
jurisdiction, not to exceed 24 months.
(f) Consistent with Sections 208.5, 1767.35, and 1767.36, no
additional funding, beyond the initial fifteen thousand dollars
($15,000) provided pursuant to subdivision (b) shall be allocated to
counties for discharged wards who are housed in county jail or in any
other county correctional facility for violating a condition of
court-ordered supervision during the previous fiscal year.
(g) Consistent with Sections 208.5, 1767.35, and 1767.36, no
additional funding, beyond the initial fifteen thousand dollars
($15,000) provided pursuant to subdivision (b) shall be allocated to
counties for discharged wards who are housed in a state juvenile
facility for violating a condition of court-ordered supervision
during the previous fiscal year.
1985. This chapter shall become operative on the 90th day after
the enactment of the act adding this chapter.
SEC. 24. Section 14053.7 is added to the Welfare and Institutions
Code, to read:
14053.7. (a) Notwithstanding any other provision of law, and only
to the extent that federal financial participation is available, the
department may provide Medi-Cal eligibility and reimbursement for
inpatient hospital services available under this chapter in
accordance with Section 5072 of the Penal Code.
(b) The department may disenroll inmates made eligible for
services under this section or in accordance with Section 5072 of the
Penal Code from Medi-Cal managed care health plans, and may exempt
inmates from enrollment into new or existing plans.
(c) Except as provided for in paragraph (2) of subdivision (e),
the Department of Corrections and Rehabilitation shall be responsible
for the nonfederal share of any reimbursement made for the provision
of inpatient hospital services rendered to inmates who are eligible
for and enrolled in a CEED project and receive services pursuant to
this section and Section 5072 of the Penal Code.
(d) (1) Notwithstanding any other provision of law, including
Section 11050, the state may make eligibility determinations and
redeterminations for inmates in accord with Section 5072 of the Penal
Code.
(2) The department may enroll and disenroll inmates eligible for
inpatient hospital services under this section or in accord with
Section 5072 of the Penal Code in Medi-Cal or in the CEED project in
which the inmate's county of last legal residence participates.
(e) (1) In accordance with the requirements and conditions set
forth under this section and Section 5072 of the Penal Code, the
county may seek from the Medi-Cal program or from the responsible
CEED project in which the county participates, reimbursement for the
provision of inpatient hospital services to adults involuntarily
detained or incarcerated in county facilities.
(2) (A) To the extent that a county seeks reimbursement for the
provision of inpatient hospital services to adults who are
involuntarily detained or incarcerated in county facilities and who
are otherwise eligible for Medi-Cal pursuant to Chapter 7 (commencing
with Section 14000) of Part 3 of Division 9, the county shall be
responsible for the nonfederal share of the reimbursement.
(B) To the extent that a county seeks reimbursement for the
provision of inpatient hospital services to adults who are
involuntarily detained or incarcerated in county facilities and who
are otherwise eligible for and enrolled in the CEED project in which
the county participates, the CEED project shall be responsible for
the nonfederal share of the reimbursement.
(f) Except as otherwise provided in subdivision (c) of Section
5072 of the Penal Code, the inpatient hospital services eligible for
reimbursement under this section shall be limited to only those
services which are subject to funding with federal financial
participation pursuant to Title XIX of the federal Social Security
Act.
(g) This section shall be implemented only if and to the extent
that existing levels of federal financial participation are not
otherwise jeopardized. To the extent that the department determines
that existing levels of federal financial participation are
jeopardized, this section shall no longer be implemented.
(h) The department shall seek any necessary federal approvals for
the implementation of this section. This section shall be implemented
only if and to the extent that any necessary federal approvals are
obtained.
(i) This section shall have no force of effect if there is a final
judicial determination made by any state or federal court that is
not appealed, or by a court of appellate jurisdiction that is not
further appealed, in any action by any party, or a final
determination by the administrator of the federal Centers for
Medicare and Medicaid Services, that disallows, defers, or alters the
implementation of this section or in accord with Section 5072 of the
Penal Code, including the rate methodology or payment process
established by the department that limits or affects the department's
authority to select the hospitals used to provide inpatient hospital
services to inmates.
(j) It is the intent of the Legislature that the implementation of
this section will result in state General Fund savings for the
funding of inpatient hospital services and any related administrative
costs to the inmate population.
(k) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may, without taking any further regulatory action,
implement this section by means of all-county letters or similar
instructions.
(l) For purposes of this section, the following terms have the
following meanings:
(1) The term "county of last legal residence" means the county in
which the inmate resided at the time of arrest that resulted in
conviction and incarceration in a state prison facility.
(2) The term "inmate" means an adult who is involuntarily residing
in a state prison facility operated, administered or regulated,
directly or indirectly, by the Department of Corrections and
Rehabilitation.
SEC. 25. It is the intent of the Legislature in the provisions of
this act relating to wards to provide for the termination of
jurisdiction by the Department of Corrections and Rehabilitation,
Division of Juvenile Facilities over wards who have been committed to
the Division of Juvenile Facilities once the wards are released from
confinement on their commitments. It is further the intent of
Legislature that, upon their discharge from state jurisdiction, court
jurisdiction over these wards be continued for a total period of
time not exceeding the maximum periods of time set forth in Section
731 of the Welfare and Institutions Code. It is the further intent of
the Legislature that, consistent with orders of the court, wards
discharged from state institutions who are transferred to the
jurisdiction of the court be subject to evidence-based supervision
and detention practices and
rehabilitation services demonstrated to reduce recidivism among
individuals on probation or under postrelease supervision.
SEC. 26. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency because this act
provides for reimbursement to local agencies for the costs of its
implementation.
However, if the Commission on State Mandates determines that this
act contains other 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.
SEC. 27. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to ensure that necessary cost savings are achieved as
soon as possible, it is necessary that this act take effect
immediately.