BILL NUMBER: SB 731	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Ashburn

                        FEBRUARY 27, 2009

   An act to add Section 1203.83 to the Penal Code, relating to
probation.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 731, as introduced, Ashburn. Probation.
   Existing law authorizes the members of multidisciplinary teams
engaged in the prevention, identification, and control of juvenile
crime to share certain information with each other, as specified.
   This bill would, in addition, authorize the members of
multidisciplinary teams engaged in the prevention, identification,
and control of adult crime to share certain information with each
other, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 1203.83 is added to the Penal Code, to read:
   1203.83.  (a) Notwithstanding any other provision of law, members
of a multidisciplinary team engaged in the prevention,
identification, and control of adult crime, including, but not
limited to, criminal street gang activity, may disclose and exchange
nonprivileged information and writings to and with one another
relating to any incidents of adult crime, including criminal street
gang activity, that may also be part of an adult court record or
designated as confidential under state law if the member of the team
having that information or writing reasonably believes it is
generally relevant to the prevention, identification, or control of
adult crime or criminal street gang activity. Every member of a
multidisciplinary team who receives that information or writings
shall be under the same privacy and confidentiality obligations and
subject to the same penalties for violating those obligations as the
person disclosing or providing the information or writings. The
information obtained shall be maintained in a manner which ensures
the protection of confidentiality.
   (b) As used in this section, "nonprivileged information" means any
information not subject to a privilege pursuant to Division 8
(commencing with Section 900) of the Evidence Code.
   (c) As used in this section, "criminal street gang" has the same
meaning as defined in Section 186.22 of the Penal Code.
   (d) As used in this section, "multidisciplinary team" means any
team of three or more persons, the members of which are trained in
the prevention, identification, and control of adult crime,
including, but not limited to, criminal street gang activity, and are
qualified to provide a broad range of services related to the
problems posed by adult crime and criminal street gangs. The team may
include, but is not limited to:
   (1) Police officers or other law enforcement agents.
   (2) Prosecutors.
   (3) Probation officers.
   (4) Counseling personnel with experience or training in adult
crime or criminal street gang control.
   (5) State, county, city, or special district recreation
specialists with experience or training in adult crime or criminal
street gang control.