BILL NUMBER: AB 117	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JUNE 28, 2011
	PASSED THE ASSEMBLY  JUNE 28, 2011
	AMENDED IN SENATE  JUNE 28, 2011
	AMENDED IN SENATE  APRIL 11, 2011

INTRODUCED BY   Committee on Budget (Blumenfield (Chair), Alejo,
Allen, Brownley, Buchanan, Butler, Cedillo, Chesbro, Dickinson,
Feuer, Gordon, Huffman, Mitchell, Monning, and Swanson)

                        JANUARY 10, 2011

   An act to add Section 71622.5 to the Government Code, to amend
Sections 11356, 11381, and 115215 of the Health and Safety Code, to
amend Sections 17.5, 186.22, 186.26, 186.33, 245, 273.4, 290.018,
298.2, 299.5, 422, 455, 598c, 598d, 600, 666, 667.5, 800, 1170,
1170.1, 1203.018, 1230, 1230.1, 2057, 2932, 3000, 3000.09, 3000.1,
3001, 3003, 3015, 3056, 3057, 3451, 3453, 3454, 3455, 3456, 4011.10,
4016.5, 4019, 11418, 12021.5, 12022, 12022.5, 12022.9, and 12025 of,
to amend and repeal Section 830.5 of, to amend, repeal, and add
Section 3000.08 of, to add Section 3073.1 to, and to add and repeal
Sections 3060 and 4115.55 of, the Penal Code, to amend Sections 23109
and 23110 of the Vehicle Code, and to amend Section 1766.01 of, and
to repeal Section 1710.5 of, the Welfare and Institutions Code, and
to amend Section 636 of Chapter 15 of the Statutes of 2011, relating
to criminal justice realignment, making an appropriation therefor, to
take effect immediately, bill related to the budget.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 117, Committee on Budget. Criminal justice realignment.
   Existing law provides that certain specified felonies are
punishable by incarceration in state prison. If Chapter 15 of the
Statutes of 2011 becomes operative, certain of those felonies shall
instead be punishable by incarceration in a county jail.
   This bill would provide that, if Chapter 15 of the Statutes of
2011 becomes operative, certain specified felonies would continue to
be punishable by incarceration in state prison. The bill would make
other technical changes.
   Existing law provides that petty theft is a misdemeanor, except
that every person who, having been convicted 3 or more times of petty
theft, grand theft, auto theft, burglary, carjacking, robbery, or
receiving stolen property and having served time in a penal
institution therefor, is subsequently convicted of petty theft, is
punishable by imprisonment in a county jail not exceeding one year,
or in the state prison. Existing law also provides that persons
required to register as sex offenders, or with a prior serious or
violent felony conviction who have been convicted and imprisoned for
the commission of specified crimes, including, among others, petty
theft, auto theft, burglary, carjacking, or robbery, are subject to
imprisonment in the state prison with one prior qualifying offense,
rather than 3. If Chapter 15 of the Statutes of 2011 becomes
operative, those provisions subjecting persons to imprisonment in the
state prison with one prior qualifying offense would be deleted.
   This bill would, if Chapter 15 of the Statutes of 2011 becomes
operative, restore those provisions subjecting persons to
imprisonment in the state prison with one prior qualifying offense
and thereby maintain existing law.
   Existing law provides that, except as specified, when any person
is convicted of 2 or more felonies, whether in the same proceeding or
court or in different proceedings or courts, and whether by judgment
rendered by the same or by a different court, and a consecutive term
of imprisonment is imposed under specified provisions, the aggregate
term of imprisonment for all these convictions shall be the sum of
the principal term, the subordinate term, and any additional term
imposed for applicable enhancements, as specified.
   This bill would require that whenever a court imposes a term of
imprisonment in the state prison, whether the term is a principal or
subordinate term, the aggregate term shall be served in the state
prison regardless as to whether or not one of the terms requires
imprisonment in a county jail pursuant to specified provisions.
   Existing law provides for the dismissal of criminal actions by the
judge or magistrate on his or her own motion or upon the application
of the prosecuting attorney, as specified. Existing law, if Chapter
15 of the Statutes of 2011 becomes operative, provides that certain
felonies shall be punishable by incarceration in a county jail.
   This bill would provide that any allegation that a defendant is
eligible for state prison due to a prior or current conviction,
sentence enhancement, or is required to register as a sex offender
shall not be subject to dismissal pursuant to the above-referenced
provision.
   Existing law, amended by Proposition 83, as approval by the voters
at the November 7, 2006, statewide general election, provides for
the enhancement of prison terms for new offenses because of prior
prison terms. Existing law provides that, except as specified, where
the new offense is any felony for which a prison sentence or a
sentence of imprisonment in a county jail for more than one year is
imposed, in addition and consecutive to any other prison terms
therefor, the court shall impose a one-year term for each prior
separate prison term or county jail term of more than one year served
for any felony. The Legislature may amend the provisions of
Proposition 83 by majority vote if the amendments expand the scope of
the proposition's application.
   This bill would expand the scope of the application of Proposition
83 and provide that where the new offense is any felony for which a
prison sentence or a sentence of imprisonment in a county jail for
more than one year is imposed or is not suspended, in addition and
consecutive to any other prison terms therefor, the court shall
impose a one-year term for each prior separate prison term or county
jail term of more than one year imposed or when sentence is not
suspended for any felony.
   Existing law, if Chapter 15 of the Statutes of 2011 becomes
operative, provides that prisoners on parole shall remain under the
legal custody of the Department of Corrections and Rehabilitation but
shall not be returned to prison, except as specified.
   This bill would instead provide that prisoners on parole shall
remain under the supervision of the department. The bill would
provide that, except as specified, upon revocation of parole, a
parolee may be housed in a county jail for a maximum of 180 days. The
bill would provide that when housed in county facilities, parolees
shall be under the legal custody and jurisdiction of local county
facilities and when released from custody, parolees will be returned
to the parole supervision of the department for the duration of
parole. By imposing additional duties on local agencies, this bill
would impose a state-mandated local program. Additionally, the bill
would authorize the superior court of any county to appoint as many
hearing officers as deemed necessary to conduct parole revocation
hearings and to determine violations of conditions of postrelease
supervision, as specified.
   Existing law, if Chapter 15 of the Statutes of 2011 becomes
operative, provides that persons released from state prison on or
after July 1, 2011, after serving a prison term for a serious or
violent felony or specified sex crimes shall be subject to parole
supervision by the Department of Corrections and Rehabilitation and
the jurisdiction of the court in the county into which the parolee is
released. Existing law, if Chapter 15 of the Statutes of 2011
becomes operative, provides specified parole procedures for parolees
who are paroled from state prison prior to July 1, 2011.
   This bill would provide, until July 1, 2013, that those persons
who serve a prison term or whose sentence has been deemed served, as
specified, for any of the above-referenced crimes, as well as any
crime for which the person is required as a condition of parole to
undergo treatment by the State Department of Mental Health, shall be
subject to parole supervision and jurisdiction of the department. The
bill would provide, as of July 1, 2013, the court in the county in
which the parolee resides or commits a violation of the terms and
conditions of parole shall have the limited jurisdiction to hear
petitions to revoke parole and impose a term of custody. The bill
would provide that parolees subject to these provisions who are being
held for a parole violation in a county jail on October 1, 2011,
may, upon revocation, be remanded to the state prison. The bill would
make other related changes.
   Existing law establishes the Parole Reentry Accountability Program
for the purpose of promoting public safety, holding parolees
accountable, and reducing recidivism. Existing law, pursuant to this
program and subject to funding being made available, requires the
Secretary of the Department of Corrections and Rehabilitation to
enter into a memorandum of understanding with the Administrative
Office of the Courts for the establishment and operation of parolee
reentry programs. Existing law provides that parolees subject to this
program with a history of substance abuse or mental illness who
violate their conditions of parole may be referred by the department
to a parolee reentry program.
   This bill would make offenders subject to postrelease supervision
as established by the Postrelease Community Supervision Act of 2011
eligible to participate in reentry court programs, as specified. The
bill would authorize counties to contract with the Department of
Corrections and Rehabilitation in order to obtain day treatment and
crisis care services for inmates with mental health problems who are
released on postrelease community supervision.
   Existing law, if Chapter 15 of the Statutes of 2011 becomes
operative, creates the Postrelease Community Supervision Act of 2011
to provide that any person released from prison, after serving a term
in prison for certain felonies, shall be subject to community
supervision provided by a county agency. The act requires the court
to establish a process to determine violations of conditions of
postrelease supervision.
   This bill would instead provide that if the supervising county
agency has determined that intermediate sanctions are not
appropriate, the supervising county agency shall petition the
revocation hearing officer to revoke and terminate postrelease
supervision. Because the bill would impose additional duties on local
agencies, it would create a state-mandated local program. The bill
would make other related changes.
   Existing law, if Chapter 15 of the Statutes of 2011 becomes
operative, requires that for prisoners whose crimes are committed on
or after July 1, 2011, except those who are limited to 15% credit
against sentenced time, and who are confined to a county jail, city
jail, industrial farm, or road camp, a term of 4 days be deemed to
have been served for every 2 days spent in actual custody, as
specified.
   This bill would make these provisions applicable to prisoners
whose crimes are committed on or after October 1, 2011, and would
additionally make these provisions applicable to prisoners confined
in a county jail, industrial farm, or road camp, or a city jail,
industrial farm, or road camp as part of custodial sanction imposed
following a violation of postrelease community supervision or parole.

   Existing law provides that Chapter 15 of the Statutes of 2011 is
to become operative no later than July 1, 2011, and only upon the
creation of a community corrections grant program.
   This bill would make that act operative no later than October 1,
2011, and only upon the creation of that grant program.
   Existing law, notwithstanding any other provision of law,
authorizes a county sheriff, police chief, or other public agency
that contracts for emergency health services to contract with
providers of emergency health care services for care to local law
enforcement patients. Existing law provides that hospitals that do
not contract with these entities shall provide emergency health care
services to local law enforcement patients at a rate equal to 110% of
the hospital's actual costs, as provided. Existing law repeals these
provisions as of January 1, 2014.
   This bill would recast these provisions to apply to health care
services generally, instead of emergency health care services. The
bill would delete the provision making the bill inoperative as of
January 1, 2014.
   Existing law authorizes counties to contract with the Department
of Corrections and Rehabilitation for the commitment to the
department of persons who have suffered a felony conviction.
   This bill would provide that offenders sentenced to a county jail
that serve their sentence in state prison pursuant to these
provisions are required to comply with the rules and regulations of
the department, as provided.
   The bill would, until January 1, 2015, permit a county board of
supervisors to enter into a contract with other public agencies to
provide housing for inmates, as specified.
   The bill would incorporate additional changes to Section 830.5 of
the Penal Code, proposed by AB 116, to be operative as specified.
   The bill would appropriate $27,000,000 from the General Fund to
the Department of Corrections and Rehabilitation for the purpose of
state operations.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   The bill would declare that it is to take effect immediately as a
bill providing appropriations related to the budget bill.
   Appropriation: yes.


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

  SECTION 1.  Section 71622.5 is added to the Government Code, to
read:
   71622.5.  (a) The Legislature hereby declares that due to the need
to implement the 2011 Realignment Legislation addressing public
safety (Chapter 15 of the Statutes of 2011), it is the intent of the
Legislature to afford the courts the maximum flexibility to manage
the caseload in the manner that is most appropriate to each court.
   (b) Notwithstanding Section 71622, the superior court of any
county may appoint as many hearing officers as deemed necessary to
conduct parole revocation hearings pursuant to Sections 3000.08 and
3000.09 of the Penal Code and to determine violations of conditions
of postrelease supervision pursuant to Section 3455 of the Penal
Code, and to perform related duties as authorized by the court. A
hearing officer appointed pursuant to this section has the authority
to conduct these hearings and to make determinations at those
hearings pursuant to applicable law.
   (c) (1) A person is eligible to be appointed a hearing officer
pursuant to this section if the person meets one of the following
criteria:
   (A) He or she has been an active member of the State Bar of
California for at least 10 years continuously prior to appointment.
   (B) He or she is or was a judge of a court of record of California
within the last five years, or is currently eligible for the
assigned judge program.
   (C) He or she is or was a commissioner, magistrate, referee, or
hearing officer authorized to perform the duties of a subordinate
judicial officer of a court of record of California within the last
five years.
   (2) The superior court may prescribe additional minimum
qualifications for hearing officers appointed pursuant to this
section and may prescribe mandatory training for those hearing
officers in addition to any training and education that may be
required as judges or employees of the superior court.
   (d) The manner of appointment of a hearing officer pursuant to
this section and compensation to be paid to a hearing officer shall
be determined by the court. That compensation is within the
definition of "court operations" pursuant to Section 77003 and
California Rules of Court, rule 10.810.
   (e) The superior courts of two or more counties may appoint the
same person as a hearing officer under this section.
  SEC. 2.  Section 11356 of the Health and Safety Code, as amended by
Section 158 of Chapter 15 of the Statutes of 2011, is amended to
read:
   11356.  As used in this article "felony offense," and "offense
punishable as a felony" refer to an offense prior to October 1, 2011,
for which the law prescribes imprisonment in the state prison, or
for an offense on or after October 1, 2011, imprisonment in either
the state prison or pursuant to subdivision (h) of Section 1170 of
the Penal Code, as either an alternative or the sole penalty,
regardless of the sentence the particular defendant received.
  SEC. 3.  Section 11381 of the Health and Safety Code, as amended by
Section 178 of Chapter 15 of the Statutes of 2011, is amended to
read:
   11381.  As used in this article "felony offense" and offense
"punishable as a felony" refer to an offense prior to October 1,
2011, for which the law prescribes imprisonment in the state prison,
or for an offense on or after October 1, 2011, imprisonment in either
the state prison or pursuant to subdivision (h) of Section 1170 of
the Penal Code, as either an alternative or the sole penalty,
regardless of the sentence the particular defendant received.
  SEC. 4.  Section 115215 of the Health and Safety Code, as amended
by Section 200 of Chapter 15 of the Statutes of 2011, is amended to
read:
   115215.  (a) Any person who violates this chapter, or rules,
regulations, or orders in effect adopted pursuant to this chapter, is
guilty of a misdemeanor and shall, upon conviction, be punished by a
fine not to exceed one thousand dollars ($1,000) or by imprisonment
in a county jail for a period not to exceed 180 days, or by both the
fine and imprisonment.
   (b) Any person who knowingly disposes or causes the disposal of
any radioactive material regulated by this chapter, or who reasonably
should have known that the person was disposing or causing the
disposal of the material, at a facility within the state that does
not have a license for disposal issued by the department pursuant to
this chapter, or at any point in the state that is not authorized
according to this chapter, or by any other local, state, or federal
agency having authority over radioactive materials, and is in
violation of this chapter, or any regulation or order adopted
pursuant to this chapter, is guilty of a public offense, and upon
conviction, may be punished as follows:
   (1) If the disposal is found to have caused a substantial danger
to the public health or safety, the person may be punished by
imprisonment in a county jail for not more than one year or by
imprisonment pursuant to subdivision (h) of Section 1170 of the Penal
Code for 16, 24, or 36 months, except as otherwise provided in
paragraph (2). The court may also impose, upon a person convicted of
violating this subdivision, a fine of not more than one hundred
thousand dollars ($100,000) for each day of violation, except as
otherwise provided in paragraph (2).
   (2) If the act that violated this subdivision caused great bodily
injury or caused a substantial probability that death could result,
the person convicted may be punished by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for three, five, or
seven years and may be fined not more than two hundred fifty
thousand dollars ($250,000) for each day of violation.
   (c) Any person who knowingly transports or causes the
transportation of any radioactive material regulated by this chapter,
or who reasonably should have known that the person was causing the
transportation of the material, to a facility in the state that does
not have a license from the department issued pursuant to this
chapter, to any point in the state that is not authorized by this
chapter, or to any point in the state that is not authorized by any
other local, state, or federal agency having authority over
radioactive materials, and is in violation of this chapter, or any
regulation or order adopted pursuant to this chapter, is guilty of a
public offense and, upon conviction, may be punished as follows:
   (1) If the transportation is found to have caused a substantial
danger to the public health or safety, the person may be punished by
imprisonment in the county jail for not more than one year or by
imprisonment pursuant to subdivision (h) of Section 1170 of the Penal
Code for 16, 24, or 36 months, except as otherwise provided in
paragraph (2). The court may also impose, upon a person convicted of
violating this subdivision, a fine of not more than one hundred
thousand dollars ($100,000) for each day of violation, except as
provided by paragraph (2).
   (2) If the transportation that violated this subdivision caused
great bodily injury or caused a substantial probability that death
could result, the person convicted may be punished by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code for
three, five, or seven years and may be fined not more than two
hundred fifty thousand dollars ($250,000) for each day of violation.
   (d) Notwithstanding any other provision of this chapter,
radioactive materials used in medical treatment or result from
medical treatment, that are disposed, stored, handled, or transported
in a manner authorized pursuant to this chapter, are exempt from
subdivisions (b) and (c).
   (e) Notwithstanding subdivision (a), any person who violates any
provision of this chapter relating to mammography or regulations
adopted pursuant to those provisions is guilty of a misdemeanor and
shall, upon conviction thereof, be punished by a fine not to exceed
five thousand dollars ($5,000), per day of offense, or by
imprisonment in the county jail not to exceed 180 days, or both the
fine and imprisonment.
  SEC. 5.  Section 17.5 of the Penal Code, as amended by Section 229
of Chapter 15 of the Statutes of 2011, is amended to read:
   17.5.  (a) The Legislature finds and declares all of the
following:
   (1) The Legislature reaffirms its commitment to reducing
recidivism among criminal offenders.
   (2) Despite the dramatic increase in corrections spending over the
past two decades, national reincarceration rates for people released
from prison remain unchanged or have worsened. National data show
that about 40 percent of released individuals are reincarcerated
within three years. In California, the recidivism rate for persons
who have served time in prison is even greater than the national
average.
   (3) Criminal justice policies that rely on building and operating
more prisons to address community safety concerns are not
sustainable, and will not result in improved public safety.
   (4) California must reinvest its criminal justice resources to
support community-based corrections programs and evidence-based
practices that will achieve improved public safety returns on this
state's substantial investment in its criminal justice system.
   (5) Realigning low-level felony offenders who do not have prior
convictions for serious, violent, or sex offenses to locally run
community-based corrections programs, which are strengthened through
community-based punishment, evidence-based practices, improved
supervision strategies, and enhanced secured capacity, will improve
public safety outcomes among adult felons and facilitate their
reintegration back into society.
   (6) Community-based corrections programs require a partnership
between local public safety entities and the county to provide and
expand the use of community-based punishment for low-level offender
populations. Each county's Local Community Corrections Partnership,
as established in paragraph (2) of subdivision (b) of Section 1230,
should play a critical role in developing programs and ensuring
appropriate outcomes for low-level offenders.
   (7) Fiscal policy and correctional practices should align to
promote a justice reinvestment strategy that fits each county.
"Justice reinvestment" is a data-driven approach to reduce
corrections and related criminal justice spending and reinvest
savings in strategies designed to increase public safety. The purpose
of justice reinvestment is to manage and allocate criminal justice
populations more cost-effectively, generating savings that can be
reinvested in evidence-based strategies that increase public safety
while holding offenders accountable.
   (8) "Community-based punishment" means correctional sanctions and
programming encompassing a range of custodial and noncustodial
responses to criminal or noncompliant offender activity.
Community-based punishment may be provided by local public safety
entities directly or through community-based public or private
correctional service providers, and include, but are not limited to,
the following:
   (A) Short-term flash incarceration in jail for a period of not
more than 10 days.
   (B) Intensive community supervision.
   (C) Home detention with electronic monitoring or GPS monitoring.
   (D) Mandatory community service.
   (E) Restorative justice programs such as mandatory victim
restitution and victim-offender reconciliation.
   (F) Work, training, or education in a furlough program pursuant to
Section 1208.
   (G) Work, in lieu of confinement, in a work release program
pursuant to Section 4024.2.
   (H) Day reporting.
   (I) Mandatory residential or nonresidential substance abuse
treatment programs.
   (J) Mandatory random drug testing.
   (K) Mother-infant care programs.
   (L) Community-based residential programs offering structure,
supervision, drug treatment, alcohol treatment, literacy programming,
employment counseling, psychological counseling, mental health
treatment, or any combination of these and other interventions.
   (9) "Evidence-based practices" refers to supervision policies,
procedures, programs, and practices demonstrated by scientific
research to reduce recidivism among individuals under probation,
parole, or post release supervision.
   (b) The provisions of this act are not intended to alleviate state
prison overcrowding.
  SEC. 6.  Section 186.22 of the Penal Code, as amended by Section
275 of Chapter 15 of the Statutes of 2011, is amended to read:
   186.22.  (a) Any person who actively participates in any criminal
street gang with knowledge that its members engage in or have engaged
in a pattern of criminal gang activity, and who willfully promotes,
furthers, or assists in any felonious criminal conduct by members of
that gang, shall be punished by imprisonment in a county jail for a
period not to exceed one year, or by imprisonment in the state prison
for 16 months, or two or three years.
   (b) (1) Except as provided in paragraphs (4) and (5), any person
who is convicted of a felony committed for the benefit of, at the
direction of, or in association with any criminal street gang, with
the specific intent to promote, further, or assist in any criminal
conduct by gang members, shall, upon conviction of that felony, in
addition and consecutive to the punishment prescribed for the felony
or attempted felony of which he or she has been convicted, be
punished as follows:
   (A) Except as provided in subparagraphs (B) and (C), the person
shall be punished by an additional term of two, three, or four years
at the court's discretion.
   (B) If the felony is a serious felony, as defined in subdivision
(c) of Section 1192.7, the person shall be punished by an additional
term of five years.
   (C) If the felony is a violent felony, as defined in subdivision
(c) of Section 667.5, the person shall be punished by an additional
term of 10 years.
   (2) If the underlying felony described in paragraph (1) is
committed on the grounds of, or within 1,000 feet of, a public or
private elementary, vocational, junior high, or high school, during
hours in which the facility is open for classes or school-related
programs or when minors are using the facility, that fact shall be a
circumstance in aggravation of the crime in imposing a term under
paragraph (1).
   (3) The court shall select the sentence enhancement which, in the
court's discretion, best serves the interests of justice and shall
state the reasons for its choice on the record at the time of the
sentencing in accordance with the provisions of subdivision (d) of
Section 1170.1.
   (4) Any person who is convicted of a felony enumerated in this
paragraph committed for the benefit of, at the direction of, or in
association with any criminal street gang, with the specific intent
to promote, further, or assist in any criminal conduct by gang
members, shall, upon conviction of that felony, be sentenced to an
indeterminate term of life imprisonment with a minimum term of the
indeterminate sentence calculated as the greater of:
   (A) The term determined by the court pursuant to Section 1170 for
the underlying conviction, including any enhancement applicable under
Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, or
any period prescribed by Section 3046, if the felony is any of the
offenses enumerated in subparagraph (B) or (C) of this paragraph.
   (B) Imprisonment in the state prison for 15 years, if the felony
is a home invasion robbery, in violation of subparagraph (A) of
paragraph (1) of subdivision (a) of Section 213; carjacking, as
defined in Section 215; a felony violation of Section 246; or a
violation of Section 12022.55.
   (C) Imprisonment in the state prison for seven years, if the
felony is extortion, as defined in Section 519; or threats to victims
and witnesses, as defined in Section 136.1.
   (5) Except as provided in paragraph (4), any person who violates
this subdivision in the commission of a felony punishable by
imprisonment in the state prison for life shall not be paroled until
a minimum of 15 calendar years have been served.
   (c) If the court grants probation or suspends the execution of
sentence imposed upon the defendant for a violation of subdivision
(a), or in cases involving a true finding of the enhancement
enumerated in subdivision (b), the court shall require that the
defendant serve a minimum of 180 days in a county jail as a condition
thereof.
   (d) Any person who is convicted of a public offense punishable as
a felony or a misdemeanor, which is committed for the benefit of, at
the direction of, or in association with any criminal street gang,
with the specific intent to promote, further, or assist in any
criminal conduct by gang members, shall be punished by imprisonment
in the county jail not to exceed one year, or by imprisonment in the
state prison for one, two, or three years, provided that any person
sentenced to imprisonment in the county jail shall be imprisoned for
a period not to exceed one year, but not less than 180 days, and
shall not be eligible for release upon completion of sentence,
parole, or any other basis, until he or she has served 180 days. If
the court grants probation or suspends the execution of sentence
imposed upon the defendant, it shall require as a condition thereof
that the defendant serve 180 days in a county jail.
   (e) As used in this chapter, "pattern of criminal gang activity"
means the commission of, attempted commission of, conspiracy to
commit, or solicitation of, sustained juvenile petition for, or
conviction of two or more of the following offenses, provided at
least one of these offenses occurred after the effective date of this
chapter and the last of those offenses occurred within three years
after a prior offense, and the offenses were committed on separate
occasions, or by two or more persons:
   (1) Assault with a deadly weapon or by means of force likely to
produce great bodily injury, as defined in Section 245.
   (2) Robbery, as defined in Chapter 4 (commencing with Section 211)
of Title 8 of Part 1.
   (3) Unlawful homicide or manslaughter, as defined in Chapter 1
(commencing with Section 187) of Title 8 of Part 1.
   (4) The sale, possession for sale, transportation, manufacture,
offer for sale, or offer to manufacture controlled substances as
defined in Sections 11054, 11055, 11056, 11057, and 11058 of the
Health and Safety Code.
   (5) Shooting at an inhabited dwelling or occupied motor vehicle,
as defined in Section 246.
   (6) Discharging or permitting the discharge of a firearm from a
motor vehicle, as defined in subdivisions (a) and (b) of Section
12034.
   (7) Arson, as defined in Chapter 1 (commencing with Section 450)
of Title 13.
   (8) The intimidation of witnesses and victims, as defined in
Section 136.1.
   (9) Grand theft, as defined in subdivision (a) or (c) of Section
487.
   (10) Grand theft of any firearm, vehicle, trailer, or vessel.
   (11) Burglary, as defined in Section 459.
   (12) Rape, as defined in Section 261.
   (13) Looting, as defined in Section 463.
   (14) Money laundering, as defined in Section 186.10.
   (15) Kidnapping, as defined in Section 207.
   (16) Mayhem, as defined in Section 203.
   (17) Aggravated mayhem, as defined in Section 205.
   (18) Torture, as defined in Section 206.
   (19) Felony extortion, as defined in Sections 518 and 520.
   (20) Felony vandalism, as defined in paragraph (1) of subdivision
(b) of Section 594.
   (21) Carjacking, as defined in Section 215.
   (22) The sale, delivery, or transfer of a firearm, as defined in
Section 12072.
   (23) Possession of a pistol, revolver, or other firearm capable of
being concealed upon the person in violation of paragraph (1) of
subdivision (a) of Section 12101.
   (24) Threats to commit crimes resulting in death or great bodily
injury, as defined in Section 422.
   (25) Theft and unlawful taking or driving of a vehicle, as defined
in Section 10851 of the Vehicle Code.
   (26) Felony theft of an access card or account information, as
defined in Section 484e.
   (27) Counterfeiting, designing, using, or attempting to use an
access card, as defined in Section 484f.
   (28) Felony fraudulent use of an access card or account
information, as defined in Section 484g.
   (29) Unlawful use of personal identifying information to obtain
credit, goods, services, or medical information, as defined in
Section 530.5.
   (30)  Wrongfully obtaining Department of Motor Vehicles
documentation, as defined in Section 529.7.
   (31) Prohibited possession of a firearm in violation of Section
12021.
   (32) Carrying a concealed firearm in violation of Section 12025.
   (33) Carrying a loaded firearm in violation of Section 12031.
   (f) As used in this chapter, "criminal street gang" means any
ongoing organization, association, or group of three or more persons,
whether formal or informal, having as one of its primary activities
the commission of one or more of the criminal acts enumerated in
paragraphs (1) to (25), inclusive, or (31) to (33), inclusive, of
subdivision (e), having a common name or common identifying sign or
symbol, and whose members individually or collectively engage in or
have engaged in a pattern of criminal gang activity.
   (g) Notwithstanding any other law, the court may strike the
additional punishment for the enhancements provided in this section
or refuse to impose the minimum jail sentence for misdemeanors in an
unusual case where the interests of justice would best be served, if
the court specifies on the record and enters into the minutes the
circumstances indicating that the interests of justice would best be
served by that disposition.
   (h) Notwithstanding any other provision of law, for each person
committed to the Division of Juvenile Facilities for a conviction
pursuant to subdivision (a) or (b) of this section, the offense shall
be deemed one for which the state shall pay the rate of 100 percent
of the per capita institutional cost of the Division of Juvenile
Facilities, pursuant to Section 912.5 of the Welfare and Institutions
Code.
   (i) In order to secure a conviction or sustain a juvenile
petition, pursuant to subdivision (a) it is not necessary for the
prosecution to prove that the person devotes all, or a substantial
part, of his or her time or efforts to the criminal street gang, nor
is it necessary to prove that the person is a member of the criminal
street gang. Active participation in the criminal street gang is all
that is required.
   (j) A pattern of gang activity may be shown by the commission of
one or more of the offenses enumerated in paragraphs (26) to (30),
inclusive, of subdivision (e), and the commission of one or more of
the offenses enumerated in paragraphs (1) to (25), inclusive, or (31)
to (33), inclusive, of subdivision (e). A pattern of gang activity
cannot be established solely by proof of commission of offenses
enumerated in paragraphs (26) to (30), inclusive, of subdivision (e),
alone.
   (k) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
  SEC. 7.  Section 186.22 of the Penal Code, as amended by Section
276 of Chapter 15 of the Statutes of 2011, is amended to read:
   186.22.  (a) Any person who actively participates in any criminal
street gang with knowledge that its members engage in or have engaged
in a pattern of criminal gang activity, and who willfully promotes,
furthers, or assists in any felonious criminal conduct by members of
that gang, shall be punished by imprisonment in a county jail for a
period not to exceed one year, or by imprisonment in the state prison
for 16 months, or two or three years.
   (b) (1) Except as provided in paragraphs (4) and (5), any person
who is convicted of a felony committed for the benefit of, at the
direction of, or in association with any criminal street gang, with
the specific intent to promote, further, or assist in any criminal
conduct by gang members, shall, upon conviction of that felony, in
addition and consecutive to the punishment prescribed for the felony
or attempted felony of which he or she has been convicted, be
punished as follows:
   (A) Except as provided in subparagraphs (B) and (C), the person
shall be punished by an additional term of two, three, or four years
at the court's discretion.
   (B) If the felony is a serious felony, as defined in subdivision
(c) of Section 1192.7, the person shall be punished by an additional
term of five years.
   (C) If the felony is a violent felony, as defined in subdivision
(c) of Section 667.5, the person shall be punished by an additional
term of 10 years.
   (2) If the underlying felony described in paragraph (1) is
committed on the grounds of, or within 1,000 feet of, a public or
private elementary, vocational, junior high, or high school, during
hours in which the facility is open for classes or school-related
programs or when minors are using the facility, that fact shall be a
circumstance in aggravation of the crime in imposing a term under
paragraph (1).
   (3) The court shall order the imposition of the middle term of the
sentence enhancement, unless there are circumstances in aggravation
or mitigation. The court shall state the reasons for its choice of
sentencing enhancements on the record at the time of the sentencing.
   (4) Any person who is convicted of a felony enumerated in this
paragraph committed for the benefit of, at the direction of, or in
association with any criminal street gang, with the specific intent
to promote, further, or assist in any criminal conduct by gang
members, shall, upon conviction of that felony, be sentenced to an
indeterminate term of life imprisonment with a minimum term of the
indeterminate sentence calculated as the greater of:
   (A) The term determined by the court pursuant to Section 1170 for
the underlying conviction, including any enhancement applicable under
Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, or
any period prescribed by Section 3046, if the felony is any of the
offenses enumerated in subparagraph (B) or (C) of this paragraph.
   (B) Imprisonment in the state prison for 15 years, if the felony
is a home invasion robbery, in violation of subparagraph (A) of
paragraph (1) of subdivision (a) of Section 213; carjacking, as
defined in Section 215; a felony violation of Section 246; or a
violation of Section 12022.55.
   (C) Imprisonment in the state prison for seven years, if the
felony is extortion, as defined in Section 519; or threats to victims
and witnesses, as defined in Section 136.1.
   (5) Except as provided in paragraph (4), any person who violates
this subdivision in the commission of a felony punishable by
imprisonment in the state prison for life shall not be paroled
                                        until a minimum of 15
calendar years have been served.
   (c) If the court grants probation or suspends the execution of
sentence imposed upon the defendant for a violation of subdivision
(a), or in cases involving a true finding of the enhancement
enumerated in subdivision (b), the court shall require that the
defendant serve a minimum of 180 days in a county jail as a condition
thereof.
   (d) Any person who is convicted of a public offense punishable as
a felony or a misdemeanor, which is committed for the benefit of, at
the direction of, or in association with any criminal street gang,
with the specific intent to promote, further, or assist in any
criminal conduct by gang members, shall be punished by imprisonment
in the county jail not to exceed one year, or by imprisonment in the
state prison for one, two, or three years, provided that any person
sentenced to imprisonment in the county jail shall be imprisoned for
a period not to exceed one year, but not less than 180 days, and
shall not be eligible for release upon completion of sentence,
parole, or any other basis, until he or she has served 180 days. If
the court grants probation or suspends the execution of sentence
imposed upon the defendant, it shall require as a condition thereof
that the defendant serve 180 days in a county jail.
   (e) As used in this chapter, "pattern of criminal gang activity"
means the commission of, attempted commission of, conspiracy to
commit, or solicitation of, sustained juvenile petition for, or
conviction of two or more of the following offenses, provided at
least one of these offenses occurred after the effective date of this
chapter and the last of those offenses occurred within three years
after a prior offense, and the offenses were committed on separate
occasions, or by two or more persons:
   (1) Assault with a deadly weapon or by means of force likely to
produce great bodily injury, as defined in Section 245.
   (2) Robbery, as defined in Chapter 4 (commencing with Section 211)
of Title 8 of Part 1.
   (3) Unlawful homicide or manslaughter, as defined in Chapter 1
(commencing with Section 187) of Title 8 of Part 1.
   (4) The sale, possession for sale, transportation, manufacture,
offer for sale, or offer to manufacture controlled substances as
defined in Sections 11054, 11055, 11056, 11057, and 11058 of the
Health and Safety Code.
   (5) Shooting at an inhabited dwelling or occupied motor vehicle,
as defined in Section 246.
   (6) Discharging or permitting the discharge of a firearm from a
motor vehicle, as defined in subdivisions (a) and (b) of Section
12034.
   (7) Arson, as defined in Chapter 1 (commencing with Section 450)
of Title 13.
   (8) The intimidation of witnesses and victims, as defined in
Section 136.1.
   (9) Grand theft, as defined in subdivision (a) or (c) of Section
487.
   (10) Grand theft of any firearm, vehicle, trailer, or vessel.
   (11) Burglary, as defined in Section 459.
   (12) Rape, as defined in Section 261.
   (13) Looting, as defined in Section 463.
   (14) Money laundering, as defined in Section 186.10.
   (15) Kidnapping, as defined in Section 207.
   (16) Mayhem, as defined in Section 203.
   (17) Aggravated mayhem, as defined in Section 205.
   (18) Torture, as defined in Section 206.
   (19) Felony extortion, as defined in Sections 518 and 520.
   (20) Felony vandalism, as defined in paragraph (1) of subdivision
(b) of Section 594.
   (21) Carjacking, as defined in Section 215.
   (22) The sale, delivery, or transfer of a firearm, as defined in
Section 12072.
   (23) Possession of a pistol, revolver, or other firearm capable of
being concealed upon the person in violation of paragraph (1) of
subdivision (a) of Section 12101.
   (24) Threats to commit crimes resulting in death or great bodily
injury, as defined in Section 422.
   (25) Theft and unlawful taking or driving of a vehicle, as defined
in Section 10851 of the Vehicle Code.
   (26) Felony theft of an access card or account information, as
defined in Section 484e.
   (27) Counterfeiting, designing, using, or attempting to use an
access card, as defined in Section 484f.
   (28) Felony fraudulent use of an access card or account
information, as defined in Section 484g.
   (29) Unlawful use of personal identifying information to obtain
credit, goods, services, or medical information, as defined in
Section 530.5.
   (30)  Wrongfully obtaining Department of Motor Vehicles
documentation, as defined in Section 529.7.
   (31) Prohibited possession of a firearm in violation of Section
12021.
   (32) Carrying a concealed firearm in violation of Section 12025.
   (33) Carrying a loaded firearm in violation of Section 12031.
   (f) As used in this chapter, "criminal street gang" means any
ongoing organization, association, or group of three or more persons,
whether formal or informal, having as one of its primary activities
the commission of one or more of the criminal acts enumerated in
paragraphs (1) to (25), inclusive, or (31) to (33), inclusive, of
subdivision (e), having a common name or common identifying sign or
symbol, and whose members individually or collectively engage in or
have engaged in a pattern of criminal gang activity.
   (g) Notwithstanding any other law, the court may strike the
additional punishment for the enhancements provided in this section
or refuse to impose the minimum jail sentence for misdemeanors in an
unusual case where the interests of justice would best be served, if
the court specifies on the record and enters into the minutes the
circumstances indicating that the interests of justice would best be
served by that disposition.
   (h) Notwithstanding any other provision of law, for each person
committed to the Division of Juvenile Facilities for a conviction
pursuant to subdivision (a) or (b) of this section, the offense shall
be deemed one for which the state shall pay the rate of 100 percent
of the per capita institutional cost of the Division of Juvenile
Facilities, pursuant to Section 912.5 of the Welfare and Institutions
Code.
   (i) In order to secure a conviction or sustain a juvenile
petition, pursuant to subdivision (a) it is not necessary for the
prosecution to prove that the person devotes all, or a substantial
part, of his or her time or efforts to the criminal street gang, nor
is it necessary to prove that the person is a member of the criminal
street gang. Active participation in the criminal street gang is all
that is required.
   (j) A pattern of gang activity may be shown by the commission of
one or more of the offenses enumerated in paragraphs (26) to (30),
inclusive, of subdivision (e), and the commission of one or more of
the offenses enumerated in paragraphs (1) to (25), inclusive, or (31)
to (33), inclusive, of subdivision (e). A pattern of gang activity
cannot be established solely by proof of commission of offenses
enumerated in paragraphs (26) to (30), inclusive, of subdivision (e),
alone.
   (k) This section shall become operative on January 1, 2012.
  SEC. 8.  Section 186.26 of the Penal Code, as amended by Section
277 of Chapter 15 of the Statutes of 2011, is amended to read:
   186.26.  (a) Any person who solicits or recruits another to
actively participate in a criminal street gang, as defined in
subdivision (f) of Section 186.22, with the intent that the person
solicited or recruited participate in a pattern of criminal street
gang activity, as defined in subdivision (e) of Section 186.22, or
with the intent that the person solicited or recruited promote,
further, or assist in any felonious conduct by members of the
criminal street gang, shall be punished by imprisonment in the state
prison for 16 months, or two or three years.
   (b) Any person who threatens another person with physical violence
on two or more separate occasions within any 30-day period with the
intent to coerce, induce, or solicit any person to actively
participate in a criminal street gang, as defined in subdivision (f)
of Section 186.22, shall be punished by imprisonment in the state
prison for two, three, or four years.
   (c) Any person who uses physical violence to coerce, induce, or
solicit another person to actively participate in any criminal street
gang, as defined in subdivision (f) of Section 186.22, or to prevent
the person from leaving a criminal street gang, shall be punished by
imprisonment in the state prison for three, four, or five years.
   (d) If the person solicited, recruited, coerced, or threatened
pursuant to subdivision (a), (b), or (c) is a minor, an additional
term of three years shall be imposed in addition and consecutive to
the penalty prescribed for a violation of any of these subdivisions.
   (e) Nothing in this section shall be construed to limit
prosecution under any other provision of law.
  SEC. 9.  Section 186.33 of the Penal Code, as amended by Section
279 of Chapter 15 of the Statutes of 2011, is amended to read:
   186.33.  (a) Any person required to register pursuant to Section
186.30 who knowingly violates any of its provisions is guilty of a
misdemeanor.
   (b) (1) Any person who knowingly fails to register pursuant to
Section 186.30 and is subsequently convicted of, or any person for
whom a petition is subsequently sustained for a violation of, any of
the offenses specified in Section 186.30, shall be punished by an
additional term of imprisonment in the state prison for 16 months, or
two, or three years. The court shall select the sentence enhancement
which, in the court's discretion, best serves the interests of
justice and shall state the reasons for its choice on the record at
the time of sentencing in accordance with the provisions of
subdivision (d) of Section 1170.1.
   (2) The existence of any fact bringing a person under this
subdivision shall be alleged in the information, indictment, or
petition, and be either admitted by the defendant or minor in open
court, or found to be true or not true by the trier of fact.
   (c) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
  SEC. 10.  Section 186.33 of the Penal Code, as amended by Section
280 of Chapter 15 of the Statutes of 2011, is amended to read:
   186.33.  (a) Any person required to register pursuant to Section
186.30 who knowingly violates any of its provisions is guilty of a
misdemeanor.
   (b) (1) Any person who knowingly fails to register pursuant to
Section 186.30 and is subsequently convicted of, or any person for
whom a petition is subsequently sustained for a violation of, any of
the offenses specified in Section 186.30, shall be punished by an
additional term of imprisonment in the state prison for 16 months, or
two, or three years. The court shall order imposition of the middle
term unless there are circumstances in aggravation or mitigation. The
court shall state its reasons for the enhancement choice on the
record at the time of sentencing.
   (2) The existence of any fact bringing a person under this
subdivision shall be alleged in the information, indictment, or
petition, and be either admitted by the defendant or minor in open
court, or found to be true or not true by the trier of fact.
   (c) This section shall become operative on January 1, 2012.
  SEC. 11.  Section 245 of the Penal Code, as amended by Section 298
of Chapter 15 of the Statutes of 2011, is amended to read:
   245.  (a) (1) Any person who commits an assault upon the person of
another with a deadly weapon or instrument other than a firearm or
by any means of force likely to produce great bodily injury shall be
punished by imprisonment in the state prison for two, three, or four
years, or in a county jail for not exceeding one year, or by a fine
not exceeding ten thousand dollars ($10,000), or by both the fine and
imprisonment.
   (2) Any person who commits an assault upon the person of another
with a firearm shall be punished by imprisonment in the state prison
for two, three, or four years, or in a county jail for not less than
six months and not exceeding one year, or by both a fine not
exceeding ten thousand dollars ($10,000) and imprisonment.
   (3) Any person who commits an assault upon the person of another
with a machinegun, as defined in Section 16880, or an assault weapon,
as defined in Section 30510 or 30515, or a .50 BMG rifle, as defined
in Section 30530, shall be punished by imprisonment in the state
prison for 4, 8, or 12 years.
   (b) Any person who commits an assault upon the person of another
with a semiautomatic firearm shall be punished by imprisonment in the
state prison for three, six, or nine years.
   (c) Any person who commits an assault with a deadly weapon or
instrument, other than a firearm, or by any means likely to produce
great bodily injury upon the person of a peace officer or
firefighter, and who knows or reasonably should know that the victim
is a peace officer or firefighter engaged in the performance of his
or her duties, when the peace officer or firefighter is engaged in
the performance of his or her duties, shall be punished by
imprisonment in the state prison for three, four, or five years.
   (d) (1) Any person who commits an assault with a firearm upon the
person of a peace officer or firefighter, and who knows or reasonably
should know that the victim is a peace officer or firefighter
engaged in the performance of his or her duties, when the peace
officer or firefighter is engaged in the performance of his or her
duties, shall be punished by imprisonment in the state prison for
four, six, or eight years.
   (2) Any person who commits an assault upon the person of a peace
officer or firefighter with a semiautomatic firearm and who knows or
reasonably should know that the victim is a peace officer or
firefighter engaged in the performance of his or her duties, when the
peace officer or firefighter is engaged in the performance of his or
her duties, shall be punished by imprisonment in the state prison
for five, seven, or nine years.
   (3) Any person who commits an assault with a machinegun, as
defined in Section 16880, or an assault weapon, as defined in Section
30510 or 30515, or a .50 BMG rifle, as defined in Section 30530,
upon the person of a peace officer or firefighter, and who knows or
reasonably should know that the victim is a peace officer or
firefighter engaged in the performance of his or her duties, shall be
punished by imprisonment in the state prison for 6, 9, or 12 years.
   (e) When a person is convicted of a violation of this section in a
case involving use of a deadly weapon or instrument or firearm, and
the weapon or instrument or firearm is owned by that person, the
court shall order that the weapon or instrument or firearm be deemed
a nuisance, and it shall be confiscated and disposed of in the manner
provided by Sections 18000 and 18005.
   (f) As used in this section, "peace officer" refers to any person
designated as a peace officer in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2.
  SEC. 12.  Section 273.4 of the Penal Code, as amended by Section
308 of Chapter 15 of the Statutes of 2011, is amended to read:
   273.4.  (a) If the act constituting a felony violation of
subdivision (a) of Section 273a was female genital mutilation, as
defined in subdivision (b), the defendant shall be punished by an
additional term of imprisonment in the state prison for one year, in
addition and consecutive to the punishment prescribed by Section
273a.
   (b) "Female genital mutilation" means the excision or infibulation
of the labia majora, labia minora, clitoris, or vulva, performed for
nonmedical purposes.
   (c) Nothing in this section shall preclude prosecution under
Section 203, 205, or 206 or any other provision of law.
  SEC. 13.  Section 290.018 of the Penal Code, as amended by Section
318 of Chapter 15 of the Statutes of 2011, is amended to read:
   290.018.  (a) Any person who is required to register under the Act
based on a misdemeanor conviction or juvenile adjudication who
willfully violates any requirement of the act is guilty of a
misdemeanor punishable by imprisonment in a county jail not exceeding
one year.
   (b) Except as provided in subdivisions (f), (h), and (j), any
person who is required to register under the act based on a felony
conviction or juvenile adjudication who willfully violates any
requirement of the act or who has a prior conviction or juvenile
adjudication for the offense of failing to register under the act and
who subsequently and willfully violates any requirement of the act
is guilty of a felony and shall be punished by imprisonment in the
state prison for 16 months, or two or three years.
   (c) If probation is granted or if the imposition or execution of
sentence is suspended, it shall be a condition of the probation or
suspension that the person serve at least 90 days in a county jail.
The penalty described in subdivision (b) or this subdivision shall
apply whether or not the person has been released on parole or has
been discharged from parole.
   (d) Any person determined to be a mentally disordered sex offender
or who has been found guilty in the guilt phase of trial for an
offense for which registration is required under the act, but who has
been found not guilty by reason of insanity in the sanity phase of
the trial, or who has had a petition sustained in a juvenile
adjudication for an offense for which registration is required
pursuant to Section 290.008, but who has been found not guilty by
reason of insanity, who willfully violates any requirement of the act
is guilty of a misdemeanor and shall be punished by imprisonment in
a county jail not exceeding one year. For any second or subsequent
willful violation of any requirement of the act, the person is guilty
of a felony and shall be punished by imprisonment in the state
prison for 16 months, or two or three years.
   (e) If, after discharge from parole, the person is convicted of a
felony or suffers a juvenile adjudication as specified in this act,
he or she shall be required to complete parole of at least one year,
in addition to any other punishment imposed under this section. A
person convicted of a felony as specified in this section may be
granted probation only in the unusual case where the interests of
justice would best be served. When probation is granted under this
act, the court shall specify on the record and shall enter into the
minutes the circumstances indicating that the interests of justice
would best be served by the disposition.
   (f) Any person who has ever been adjudicated a sexually violent
predator, as defined in Section 6600 of the Welfare and Institutions
Code, and who fails to verify his or her registration every 90 days
as required pursuant to subdivision (b) of Section 290.012, shall be
punished by imprisonment in the state prison or in a county jail not
exceeding one year.
   (g) Except as otherwise provided in subdivision (f), any person
who is required to register or reregister pursuant to Section 290.011
and willfully fails to comply with the requirement that he or she
reregister no less than every 30 days is guilty of a misdemeanor and
shall be punished by imprisonment in a county jail for at least 30
days, but not exceeding six months. A person who willfully fails to
comply with the requirement that he or she reregister no less than
every 30 days shall not be charged with this violation more often
than once for a failure to register in any period of 90 days. Any
person who willfully commits a third or subsequent violation of the
requirements of Section 290.011 that he or she reregister no less
than every 30 days shall be punished in accordance with either
subdivision (a) or (b).
   (h) Any person who fails to provide proof of residence as required
by paragraph (5) of subdivision (a) of Section 290.015, regardless
of the offense upon which the duty to register is based, is guilty of
a misdemeanor punishable by imprisonment in a county jail not
exceeding six months.
   (i) Any person who is required to register under the act who
willfully violates any requirement of the act is guilty of a
continuing offense as to each requirement he or she violated.
   (j) In addition to any other penalty imposed under this section,
the failure to provide information required on registration and
reregistration forms of the Department of Justice, or the provision
of false information, is a crime punishable by imprisonment in a
county jail for a period not exceeding one year. Nothing in this
subdivision shall be construed to limit or prevent prosecution under
any applicable provision of law.
   (k) Whenever any person is released on parole or probation and is
required to register under the act but fails to do so within the time
prescribed, the parole authority or the court, as the case may be,
shall order the parole or probation of the person revoked. For
purposes of this subdivision, "parole authority" has the same meaning
as described in Section 3000.
  SEC. 14.  Section 298.2 of the Penal Code, as amended by Section
322 of Chapter 15 of the Statutes of 2011, is amended to read:
   298.2.  (a) Any person who is required to submit a specimen sample
or print impression pursuant to this chapter who engages or attempts
to engage in any of the following acts is guilty of a felony
punishable by imprisonment in the state prison for two, three, or
four years:
   (1) Knowingly facilitates the collection of a wrongfully
attributed blood specimen, buccal swab sample, or thumb or palm print
impression, with the intent that a government agent or employee be
deceived as to the origin of a DNA profile or as to any
identification information associated with a specimen, sample, or
print impression required for submission pursuant to this chapter.
   (2) Knowingly tampers with any specimen, sample, print, or the
collection container for any specimen or sample, with the intent that
any government agent or employee be deceived as to the identity of
the person to whom the specimen, sample, or print relates.
  SEC. 15.  Section 299.5 of the Penal Code, as amended by Section
323 of Chapter 15 of the Statutes of 2011, is amended to read:
   299.5.  (a) All DNA and forensic identification profiles and other
identification information retained by the Department of Justice
pursuant to this chapter are exempt from any law requiring disclosure
of information to the public and shall be confidential except as
otherwise provided in this chapter.
   (b) All evidence and forensic samples containing biological
material retained by the Department of Justice DNA Laboratory or
other state law enforcement agency are exempt from any law requiring
disclosure of information to the public or the return of biological
specimens, samples, or print impressions.
   (c) Non-DNA forensic identification information may be filed with
the offender's file maintained by the Sex Registration Unit of the
Department of Justice or in other computerized data bank or database
systems maintained by the Department of Justice.
   (d) The DNA and other forensic identification information retained
by the Department of Justice pursuant to this chapter shall not be
included in the state summary criminal history information. However,
nothing in this chapter precludes law enforcement personnel from
entering into a person's criminal history information or offender
file maintained by the Department of Justice, the fact that the
specimens, samples, and print impressions required by this chapter
have or have not been collected from that person.
   (e) The fact that the blood specimens, saliva or buccal swab
samples, and print impressions required by this chapter have been
received by the DNA Laboratory of the Department of Justice shall be
included in the state summary criminal history information as soon as
administratively practicable.
   The full palm prints of each hand shall be filed and maintained by
the Automated Latent Print Section of the Bureau of Criminal
Identification and Information of the Department of Justice, and may
be included in the state summary criminal history information.
   (f) DNA samples and DNA profiles and other forensic identification
information shall be released only to law enforcement agencies,
including, but not limited to, parole officers of the Department of
Corrections, hearing officers of the parole authority, probation
officers, the Attorney General's office, district attorneys' offices,
and prosecuting city attorneys' offices, unless otherwise
specifically authorized by this chapter. Dissemination of DNA
specimens, samples, and DNA profiles and other forensic
identification information to law enforcement agencies and district
attorneys' offices outside this state shall be performed in
conformity with the provisions of this chapter.
   (g) A defendant's DNA and other forensic identification
information developed pursuant to this chapter shall be available to
his or her defense counsel upon court order made pursuant to Chapter
10 (commencing with Section 1054) of Title 6 of Part 2.
   (h) Except as provided in subdivision (g) and in order to protect
the confidentiality and privacy of database and data bank
information, the Department of Justice and local public DNA
laboratories shall not otherwise be compelled in a criminal or civil
proceeding to provide any DNA profile or forensic identification
database or data bank information or its computer database program
software or structures to any person or party seeking such records or
information whether by subpoena or discovery, or other procedural
device or inquiry.
   (i) (1) (A) Any person who knowingly uses an offender specimen,
sample, or DNA profile collected pursuant to this chapter for other
than criminal identification or exclusion purposes, or for other than
the identification of missing persons, or who knowingly discloses
DNA or other forensic identification information developed pursuant
to this section to an unauthorized individual or agency, for other
than criminal identification or exclusion purposes, or for the
identification of missing persons, in violation of this chapter,
shall be punished by imprisonment in a county jail not exceeding one
year or by imprisonment in the state prison for 16 months, or two or
three years.
   (B) Any person who, for the purpose of financial gain, knowingly
uses a specimen, sample, or DNA profile collected pursuant to this
chapter for other than criminal identification or exclusion purposes
or for the identification of missing persons or who, for the purpose
of financial gain, knowingly discloses DNA or other forensic
identification information developed pursuant to this section to an
unauthorized individual or agency, for other than criminal
identification or exclusion purposes or
                  for other than the identification of missing
persons, in violation of this chapter, shall, in addition to the
penalty provided in subparagraph (A), be punished by a criminal fine
in an amount three times that of any financial gain received or ten
thousand dollars ($10,000), whichever is greater.
   (2) (A) If any employee of the Department of Justice knowingly
uses a specimen, sample, or DNA profile collected pursuant to this
chapter for other than criminal identification or exclusion purposes,
or knowingly discloses DNA or other forensic identification
information developed pursuant to this section to an unauthorized
individual or agency, for other than criminal identification or
exclusion purposes or for other than the identification of missing
persons, in violation of this chapter, the department shall be liable
in civil damages to the donor of the DNA identification information
in the amount of five thousand dollars ($5,000) for each violation,
plus attorney's fees and costs. In the event of multiple disclosures,
the total damages available to the donor of the DNA is limited to
fifty thousand dollars ($50,000) plus attorney's fees and costs.
   (B) (i) Notwithstanding any other law, this shall be the sole and
exclusive remedy against the Department of Justice and its employees
available to the donor of the DNA.
   (ii) The Department of Justice employee disclosing DNA
identification information in violation of this chapter shall be
absolutely immune from civil liability under this or any other law.
   (3) It is not a violation of this section for a law enforcement
agency in its discretion to publicly disclose the fact of a DNA
profile match, or the name of the person identified by the DNA match
when this match is the basis of law enforcement's investigation,
arrest, or prosecution of a particular person, or the identification
of a missing or abducted person.
   (j) It is not a violation of this chapter to furnish DNA or other
forensic identification information of the defendant to his or her
defense counsel for criminal defense purposes in compliance with
discovery.
   (k) It is not a violation of this section for law enforcement to
release DNA and other forensic identification information developed
pursuant to this chapter to a jury or grand jury, or in a document
filed with a court or administrative agency, or as part of a judicial
or administrative proceeding, or for this information to become part
of the public transcript or record of proceedings when, in the
discretion of law enforcement, disclosure is necessary because the
DNA information pertains to the basis for law enforcement's
identification, arrest, investigation, prosecution, or exclusion of a
particular person related to the case.
   (l) It is not a violation of this section to include information
obtained from a file in a transcript or record of a judicial
proceeding, or in any other public record when the inclusion of the
information in the public record is authorized by a court, statute,
or decisional law.
   (m) It is not a violation of this section for the DNA Laboratory
of the Department of Justice, or an organization retained as an agent
of the Department of Justice, or a local public laboratory to use
anonymous records or criminal history information obtained pursuant
to this chapter for training, research, statistical analysis of
populations, or quality assurance or quality control.
   (n) The Department of Justice shall make public the methodology
and procedures to be used in its DNA program prior to the
commencement of DNA testing in its laboratories. The Department of
Justice shall review and consider on an ongoing basis the findings
and results of any peer review and validation studies submitted to
the department by members of the relevant scientific community
experienced in the use of DNA technology. This material shall be
available to criminal defense counsel upon court order made pursuant
to Chapter 10 (commencing with Section 1054) of Title 6 of Part 2.
   (o) In order to maintain the computer system security of the
Department of Justice DNA and Forensic Identification Database and
Data Bank Program, the computer software and database structures used
by the DNA Laboratory of the Department of Justice to implement this
chapter are confidential.
  SEC. 16.  Section 422 of the Penal Code, as amended by Section 351
of Chapter 15 of the Statutes of 2011, is amended to read:
   422.  (a) Any person who willfully threatens to commit a crime
which will result in death or great bodily injury to another person,
with the specific intent that the statement, made verbally, in
writing, or by means of an electronic communication device, is to be
taken as a threat, even if there is no intent of actually carrying it
out, which, on its face and under the circumstances in which it is
made, is so unequivocal, unconditional, immediate, and specific as to
convey to the person threatened, a gravity of purpose and an
immediate prospect of execution of the threat, and thereby causes
that person reasonably to be in sustained fear for his or her own
safety or for his or her immediate family's safety, shall be punished
by imprisonment in the county jail not to exceed one year, or by
imprisonment in the state prison.
    (b) For purposes of this section, "immediate family" means any
spouse, whether by marriage or not, parent, child, any person related
by consanguinity or affinity within the second degree, or any other
person who regularly resides in the household, or who, within the
prior six months, regularly resided in the household.
   (c) "Electronic communication device" includes, but is not limited
to, telephones, cellular telephones, computers, video recorders, fax
machines, or pagers. "Electronic communication" has the same meaning
as the term defined in Subsection 12 of Section 2510 of Title 18 of
the United States Code.
  SEC. 17.  Section 455 of the Penal Code, as amended by Section 354
of Chapter 15 of the Statutes of 2011, is amended to read:
   455.  (a) Any person who willfully and maliciously attempts to set
fire to or attempts to burn or to aid, counsel or procure the
burning of any structure, forest land or property, or who commits any
act preliminary thereto, or in furtherance thereof, is punishable by
imprisonment in the state prison for 16 months, two or three years.
   (b) The placing or distributing of any flammable, explosive or
combustible material or substance, or any device in or about any
structure, forest land or property in an arrangement or preparation
with intent to eventually willfully and maliciously set fire to or
burn same, or to procure the setting fire to or burning of the same
shall, for the purposes of this act constitute an attempt to burn
such structure, forest land or property.
  SEC. 18.  Section 598c of the Penal Code, as amended by Section 412
of Chapter 15 of the Statutes of 2011, is amended to read:
   598c.  (a) Notwithstanding any other provision of law, it is
unlawful for any person to possess, to import into or export from the
state, or to sell, buy, give away, hold, or accept any horse with
the intent of killing, or having another kill, that horse, if that
person knows or should have known that any part of that horse will be
used for human consumption.
   (b) For purposes of this section, "horse" means any equine,
including any horse, pony, burro, or mule.
   (c) Violation of this section is a felony punishable by
imprisonment in the state prison for 16 months, or two or three
years.
   (d) It is not the intent of this section to affect any commonly
accepted commercial, noncommercial, recreational, or sporting
activity that relates to horses.
   (e) It is not the intent of this section to affect any existing
law that relates to horse taxation or zoning.
  SEC. 19.  Section 598d of the Penal Code, as amended by Section 413
of Chapter 15 of the Statutes of 2011, is amended to read:
   598d.  (a) Notwithstanding any other provision of law, horsemeat
may not be offered for sale for human consumption. No restaurant,
cafe, or other public eating place may offer horsemeat for human
consumption.
   (b) Violation of this section is a misdemeanor punishable by a
fine of not more than one thousand dollars ($1,000), or by
confinement in jail for not less than 30 days nor more than two
years, or by both that fine and confinement.
   (c) A second or subsequent offense under this section is
punishable by imprisonment in the state prison for not less than two
years nor more than five years.
  SEC. 20.  Section 600 of the Penal Code, as amended by Section 414
of Chapter 15 of the Statutes of 2011, is amended to read:
   600.  (a) Any person who willfully and maliciously and with no
legal justification strikes, beats, kicks, cuts, stabs, shoots with a
firearm, administers any poison or other harmful or stupefying
substance to, or throws, hurls, or projects at, or places any rock,
object, or other substance which is used in such a manner as to be
capable of producing injury and likely to produce injury, on or in
the path of, any horse being used by, or any dog under the
supervision of, any peace officer in the discharge or attempted
discharge of his or her duties, is guilty of a public offense. If the
injury inflicted is a serious injury, as defined in subdivision (c),
the person shall be punished by imprisonment pursuant to subdivision
(h) of Section 1170 for 16 months, two or three years, or in a
county jail for not exceeding one year, or by a fine not exceeding
two thousand dollars ($2,000), or by both a fine and imprisonment. If
the injury inflicted is not a serious injury, the person shall be
punished by imprisonment in the county jail for not exceeding one
year, or by a fine not exceeding one thousand dollars ($1,000), or by
both a fine and imprisonment.
   (b) Any person who willfully and maliciously and with no legal
justification interferes with or obstructs any horse or dog being
used by any peace officer in the discharge or attempted discharge of
his or her duties by frightening, teasing, agitating, harassing, or
hindering the horse or dog shall be punished by imprisonment in a
county jail for not exceeding one year, or by a fine not exceeding
one thousand dollars ($1,000), or by both a fine and imprisonment.
   (c) Any person who, in violation of this section, and with intent
to inflict that injury or death, personally causes the death,
destruction, or serious physical injury including bone fracture, loss
or impairment of function of any bodily member, wounds requiring
extensive suturing, or serious crippling, of any horse or dog, shall,
upon conviction of a felony under this section, in addition and
consecutive to the punishment prescribed for the felony, be punished
by an additional term of imprisonment pursuant to subdivision (h) of
Section 1170 for one year.
   (d) Any person who, in violation of this section, and with the
intent to inflict that injury, personally causes great bodily injury,
as defined in Section 12022.7, to any person not an accomplice,
shall, upon conviction of a felony under this section, in addition
and consecutive to the punishment prescribed for the felony, be
punished by an additional term of imprisonment in the state prison
for two years unless the conduct described in this subdivision is an
element of any other offense of which the person is convicted or
receives an enhancement under Section 12022.7.
   (e) In any case in which a defendant is convicted of a violation
of this section, the defendant shall be ordered to make restitution
to the agency owning the animal and employing the peace officer for
any veterinary bills, replacement costs of the animal if it is
disabled or killed, and the salary of the peace officer for the
period of time his or her services are lost to the agency.
  SEC. 21.  Section 666 of the Penal Code, as amended by Section 440
of Chapter 15 of the Statutes of 2011, is amended to read:
   666.  (a) Notwithstanding Section 490, every person who, having
been convicted three or more times of petty theft, grand theft, auto
theft under Section 10851 of the Vehicle Code, burglary, carjacking,
robbery, or a felony violation of Section 496 and having served a
term therefor in any penal institution or having been imprisoned
therein as a condition of probation for that offense, is subsequently
convicted of petty theft, then the person convicted of that
subsequent offense is punishable by imprisonment in the county jail
not exceeding one year, or imprisonment pursuant to subdivision (h)
of Section 1170.
   (b) Notwithstanding Section 490, any person described in paragraph
(1) who, having been convicted of petty theft, grand theft, auto
theft under Section 10851 of the Vehicle Code, burglary, carjacking,
robbery, or a felony violation of Section 496, and having served a
term of imprisonment therefor in any penal institution or having been
imprisoned therein as a condition of probation for that offense, who
is subsequently convicted of petty theft, is punishable by
imprisonment in the county jail not exceeding one year, or in the
state prison.
   (1) This subdivision shall apply to any person who is required to
register pursuant to the Sex Offender Registration Act, or who has a
prior violent or serious felony conviction, as specified in
subdivision (c) of Section 667.5 or subdivision (c) of Section
1192.7.
   (2) This subdivision shall not be construed to preclude
prosecution or punishment pursuant to subdivisions (b) to (i),
inclusive, of Section 667, or Section 1170.12.
  SEC. 22.  Section 667.5 of the Penal Code, as amended by Section
442 of Chapter 15 of the Statutes of 2011, is amended to read:
   667.5.  Enhancement of prison terms for new offenses because of
prior prison terms shall be imposed as follows:
   (a) Where one of the new offenses is one of the violent felonies
specified in subdivision (c), in addition to and consecutive to any
other prison terms therefor, the court shall impose a three-year term
for each prior separate prison term served by the defendant where
the prior offense was one of the violent felonies specified in
subdivision (c). However, no additional term shall be imposed under
this subdivision for any prison term served prior to a period of 10
years in which the defendant remained free of both prison custody and
the commission of an offense which results in a felony conviction.
   (b) Except where subdivision (a) applies, where the new offense is
any felony for which a prison sentence or a sentence of imprisonment
in a county jail for more than one year is imposed or is not
suspended, in addition and consecutive to any other prison terms
therefor, the court shall impose a one-year term for each prior
separate prison term or county jail term of more than one year
imposed or when sentence is not suspended for any felony; provided
that no additional term shall be imposed under this subdivision for
any prison term or county jail term of more than one year imposed or
when sentence is not suspended prior to a period of five years in
which the defendant remained free of both the commission of an
offense which results in a felony conviction, and prison custody or
the imposition of a term of jail custody of more than one year or any
felony sentence that is not suspended.
   (c) For the purpose of this section, "violent felony" shall mean
any of the following:
   (1) Murder or voluntary manslaughter.
   (2) Mayhem.
   (3) Rape as defined in paragraph (2) or (6) of subdivision (a) of
Section 261 or paragraph (1) or (4) of subdivision (a) of Section
262.
   (4) Sodomy as defined in subdivision (c) or (d) of Section 286.
   (5) Oral copulation as defined in subdivision (c) or (d) of
Section 288a.
   (6) Lewd or lascivious act as defined in subdivision (a) or (b) of
Section 288.
   (7) Any felony punishable by death or imprisonment in the state
prison for life.
   (8) Any felony in which the defendant inflicts great bodily injury
on any person other than an accomplice which has been charged and
proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or
after July 1, 1977, or as specified prior to July 1, 1977, in
Sections 213, 264, and 461, or any felony in which the defendant uses
a firearm which use has been charged and proved as provided in
subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55.
   (9) Any robbery.
   (10) Arson, in violation of subdivision (a) or (b) of Section 451.

   (11) Sexual penetration as defined in subdivision (a) or (j) of
Section 289.
   (12) Attempted murder.
   (13) A violation of Section 12308, 12309, or 12310.
   (14) Kidnapping.
   (15) Assault with the intent to commit a specified felony, in
violation of Section 220.
   (16) Continuous sexual abuse of a child, in violation of Section
288.5.
   (17) Carjacking, as defined in subdivision (a) of Section 215.
   (18) Rape, spousal rape, or sexual penetration, in concert, in
violation of Section 264.1.
   (19) Extortion, as defined in Section 518, which would constitute
a felony violation of Section 186.22 of the Penal Code.
   (20) Threats to victims or witnesses, as defined in Section 136.1,
which would constitute a felony violation of Section 186.22 of the
Penal Code.
   (21) Any burglary of the first degree, as defined in subdivision
(a) of Section 460, wherein it is charged and proved that another
person, other than an accomplice, was present in the residence during
the commission of the burglary.
   (22) Any violation of Section 12022.53.
   (23) A violation of subdivision (b) or (c) of Section 11418. The
Legislature finds and declares that these specified crimes merit
special consideration when imposing a sentence to display society's
condemnation for these extraordinary crimes of violence against the
person.
   (d) For the purposes of this section, the defendant shall be
deemed to remain in prison custody for an offense until the official
discharge from custody or until release on parole, whichever first
occurs, including any time during which the defendant remains subject
to reimprisonment for escape from custody or is reimprisoned on
revocation of parole. The additional penalties provided for prior
prison terms shall not be imposed unless they are charged and
admitted or found true in the action for the new offense.
   (e) The additional penalties provided for prior prison terms shall
not be imposed for any felony for which the defendant did not serve
a prior separate term in state prison.
   (f) A prior conviction of a felony shall include a conviction in
another jurisdiction for an offense which, if committed in
California, is punishable by imprisonment in the state prison if the
defendant served one year or more in prison for the offense in the
other jurisdiction. A prior conviction of a particular felony shall
include a conviction in another jurisdiction for an offense which
includes all of the elements of the particular felony as defined
under California law if the defendant served one year or more in
prison for the offense in the other jurisdiction.
   (g) A prior separate prison term for the purposes of this section
shall mean a continuous completed period of prison incarceration
imposed for the particular offense alone or in combination with
concurrent or consecutive sentences for other crimes, including any
reimprisonment on revocation of parole which is not accompanied by a
new commitment to prison, and including any reimprisonment after an
escape from incarceration.
   (h) Serving a prison term includes any confinement time in any
state prison or federal penal institution as punishment for
commission of an offense, including confinement in a hospital or
other institution or facility credited as service of prison time in
the jurisdiction of the confinement.
   (i) For the purposes of this section, a commitment to the State
Department of Mental Health as a mentally disordered sex offender
following a conviction of a felony, which commitment exceeds one year
in duration, shall be deemed a prior prison term.
   (j) For the purposes of this section, when a person subject to the
custody, control, and discipline of the Director of Corrections is
incarcerated at a facility operated by the Department of the Youth
Authority, that incarceration shall be deemed to be a term served in
state prison.
   (k) (1) Notwithstanding subdivisions (d) and (g) or any other
provision of law, where one of the new offenses is committed while
the defendant is temporarily removed from prison pursuant to Section
2690 or while the defendant is transferred to a community facility
pursuant to Section 3416, 6253, or 6263, or while the defendant is on
furlough pursuant to Section 6254, the defendant shall be subject to
the full enhancements provided for in this section.
   (2) This subdivision shall not apply when a full, separate, and
consecutive term is imposed pursuant to any other provision of law.
  SEC. 23.  Section 667.5 of the Penal Code, as amended by Section
443 of Chapter 15 of the Statutes of 2011, is amended to read:
   667.5.  Enhancement of prison terms for new offenses because of
prior prison terms shall be imposed as follows:
   (a) Where one of the new offenses is one of the violent felonies
specified in subdivision (c), in addition to and consecutive to any
other prison terms therefor, the court shall impose a three-year term
for each prior separate prison term served by the defendant where
the prior offense was one of the violent felonies specified in
subdivision (c). However, no additional term shall be imposed under
this subdivision for any prison term served prior to a period of 10
years in which the defendant remained free of both prison custody and
the commission of an offense which results in a felony conviction.
   (b) Except where subdivision (a) applies, where the new offense is
any felony for which a prison sentence or a sentence of imprisonment
in a county jail for more than one year is imposed or is not
suspended, in addition and consecutive to any other prison terms
therefor, the court shall impose a one-year term for each prior
separate prison term or county jail term of more than one year
imposed or when sentence is not suspended for any felony; provided
that no additional term shall be imposed under this subdivision for
any prison term or county jail term of more than one year imposed or
when sentence is not suspended prior to a period of five years in
which the defendant remained free of both the commission of an
offense which results in a felony conviction, and prison custody or
the imposition of a term of jail custody of more than one year or any
felony sentence that is not suspended.
   (c) For the purpose of this section, "violent felony" shall mean
any of the following:
   (1) Murder or voluntary manslaughter.
   (2) Mayhem.
   (3) Rape as defined in paragraph (2) or (6) of subdivision (a) of
Section 261 or paragraph (1) or (4) of subdivision (a) of Section
262.
   (4) Sodomy as defined in subdivision (c) or (d) of Section 286.
   (5) Oral copulation as defined in subdivision (c) or (d) of
Section 288a.
   (6) Lewd or lascivious act as defined in subdivision (a) or (b) of
Section 288.
   (7) Any felony punishable by death or imprisonment in the state
prison for life.
   (8) Any felony in which the defendant inflicts great bodily injury
on any person other than an accomplice which has been charged and
proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or
after July 1, 1977, or as specified prior to July 1, 1977, in
Sections 213, 264, and 461, or any felony in which the defendant uses
a firearm which use has been charged and proved as provided in
subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55.
   (9) Any robbery.
   (10) Arson, in violation of subdivision (a) or (b) of Section 451.

   (11) Sexual penetration as defined in subdivision (a) or (j) of
Section 289.
   (12) Attempted murder.
   (13) A violation of Section 18745, 18750, or 18755.
   (14) Kidnapping.
   (15) Assault with the intent to commit a specified felony, in
violation of Section 220.
   (16) Continuous sexual abuse of a child, in violation of Section
288.5.
   (17) Carjacking, as defined in subdivision (a) of Section 215.
   (18) Rape, spousal rape, or sexual penetration, in concert, in
violation of Section 264.1.
   (19) Extortion, as defined in Section 518, which would constitute
a felony violation of Section 186.22 of the Penal Code.
   (20) Threats to victims or witnesses, as defined in Section 136.1,
which would constitute a felony violation of Section 186.22 of the
Penal Code.
   (21) Any burglary of the first degree, as defined in subdivision
(a) of Section 460, wherein it is charged and proved that another
person, other than an accomplice, was present in the residence during
the commission of the burglary.
   (22) Any violation of Section 12022.53.
   (23) A violation of subdivision (b) or (c) of Section 11418. The
Legislature finds and declares that these specified crimes merit
special consideration when imposing a sentence to display society's
condemnation for these extraordinary crimes of violence against the
person.
   (d) For the purposes of this section, the defendant shall be
deemed to remain in prison custody for an offense until the official
discharge from custody or until release on parole, whichever first
occurs, including any time during which the defendant remains subject
to reimprisonment for escape from custody or is reimprisoned on
revocation of parole. The additional penalties provided for prior
prison terms shall not be imposed unless they are charged and
admitted or found true in the action for the new offense.
   (e) The additional penalties provided for prior prison terms shall
not be imposed for any felony for which the defendant did not serve
a prior separate term in state prison.
   (f) A prior conviction of a felony shall include a conviction in
another jurisdiction for an offense which, if committed in
California, is punishable by imprisonment in the state prison if the
defendant served one year or more in prison for the offense in the
other jurisdiction. A prior conviction of a particular felony shall
include a conviction in another jurisdiction for an offense which
includes all of the elements of the particular felony as defined
under California law if the defendant served one year or more in
prison for the offense in the other jurisdiction.
   (g) A prior separate prison term for the purposes of this section
shall mean a continuous completed period of prison incarceration
imposed for the particular offense alone or in combination with
concurrent or consecutive sentences for other crimes, including any
reimprisonment on revocation of parole which is not accompanied by a
new commitment to prison, and including any reimprisonment after an
escape from                                          incarceration.
   (h) Serving a prison term includes any confinement time in any
state prison or federal penal institution as punishment for
commission of an offense, including confinement in a hospital or
other institution or facility credited as service of prison time in
the jurisdiction of the confinement.
   (i) For the purposes of this section, a commitment to the State
Department of Mental Health as a mentally disordered sex offender
following a conviction of a felony, which commitment exceeds one year
in duration, shall be deemed a prior prison term.
   (j) For the purposes of this section, when a person subject to the
custody, control, and discipline of the Director of Corrections is
incarcerated at a facility operated by the Department of the Youth
Authority, that incarceration shall be deemed to be a term served in
state prison.
   (k) (1) Notwithstanding subdivisions (d) and (g) or any other
provision of law, where one of the new offenses is committed while
the defendant is temporarily removed from prison pursuant to Section
2690 or while the defendant is transferred to a community facility
pursuant to Section 3416, 6253, or 6263, or while the defendant is on
furlough pursuant to Section 6254, the defendant shall be subject to
the full enhancements provided for in this section.
   (2) This subdivision shall not apply when a full, separate, and
consecutive term is imposed pursuant to any other provision of law.
  SEC. 24.  Section 800 of the Penal Code, as amended by Section 445
of Chapter 15 of the Statutes of 2011, is amended to read:
   800.  Except as provided in Section 799, prosecution for an
offense punishable by imprisonment pursuant to subdivision (h) of
Section 1170 for eight years or more shall be commenced within six
years after commission of the offense.
  SEC. 25.  Section 830.5 of the Penal Code, as amended by Section 44
of Chapter 1124 of the Statutes of 2002, is amended to read:
   830.5.  The following persons are peace officers whose authority
extends to any place in the state while engaged in the performance of
the duties of their respective employment and for the purpose of
carrying out the primary function of their employment or as required
under Sections 8597, 8598, and 8617 of the Government Code. Except as
specified in this section, these peace officers may carry firearms
only if authorized and under those terms and conditions specified by
their employing agency:
   (a) A parole officer of the Department of Corrections or the
Department of the Youth Authority, probation officer, deputy
probation officer, or a board coordinating parole agent employed by
the Youthful Offender Parole Board. Except as otherwise provided in
this subdivision, the authority of these parole or probation officers
shall extend only as follows:
   (1) To conditions of parole, probation, or postrelease community
supervision by any person in this state on parole, probation, or
postrelease community supervision.
   (2) To the escape of any inmate or ward from a state or local
institution.
   (3) To the transportation of persons on parole, probation, or
postrelease community supervision.
   (4) To violations of any penal provisions of law which are
discovered while performing the usual or authorized duties of his or
her employment.
   (5) To the rendering of mutual aid to any other law enforcement
agency.
   For the purposes of this subdivision, "parole agent" shall have
the same meaning as parole officer of the Department of Corrections
or of the Department of the Youth Authority.
   Any parole officer of the Department of Corrections, the
Department of the Youth Authority, or the Youthful Offender Parole
Board is authorized to carry firearms, but only as determined by the
director on a case-by-case or unit-by-unit basis and only under those
terms and conditions specified by the director or chairperson. The
Department of the Youth Authority shall develop a policy for arming
peace officers of the Department of the Youth Authority who comprise
"high-risk transportation details" or "high-risk escape details" no
later than June 30, 1995. This policy shall be implemented no later
than December 31, 1995.
   The Department of the Youth Authority shall train and arm those
peace officers who comprise tactical teams at each facility for use
during "high-risk escape details."
   (b) A correctional officer employed by the Department of
Corrections or any employee of the Department of the Youth Authority
having custody of wards or the Inspector General of the Youth and
Adult Correctional Agency or any internal affairs investigator under
the authority of the Inspector General or any employee of the
Department of Corrections designated by the Director of Corrections
or any correctional counselor series employee of the Department of
Corrections or any medical technical assistant series employee
designated by the Director of Corrections or designated by the
Director of Corrections and employed by the State Department of
Mental Health or employee of the Board of Prison Terms designated by
the Secretary of the Youth and Adult Correctional Agency or employee
of the Department of the Youth Authority designated by the Director
of the Youth Authority or any superintendent, supervisor, or employee
having custodial responsibilities in an institution operated by a
probation department, or any transportation officer of a probation
department.
   (c) The following persons may carry a firearm while not on duty: a
parole officer of the Department of Corrections or the Department of
the Youth Authority, a correctional officer or correctional
counselor employed by the Department of Corrections or any employee
of the Department of the Youth Authority having custody of wards or
any employee of the Department of Corrections designated by the
Director of Corrections. A parole officer of the Youthful Offender
Parole Board may carry a firearm while not on duty only when so
authorized by the chairperson of the board and only under the terms
and conditions specified by the chairperson. Nothing in this section
shall be interpreted to require licensure pursuant to Section 12025.
The director or chairperson may deny, suspend, or revoke for good
cause a person's right to carry a firearm under this subdivision.
That person shall, upon request, receive a hearing, as provided for
in the negotiated grievance procedure between the exclusive employee
representative and the Department of Corrections, the Department of
the Youth Authority, or the Youthful Offender Parole Board, to review
the director's or the chairperson's decision.
   (d) Persons permitted to carry firearms pursuant to this section,
either on or off duty, shall meet the training requirements of
Section 832 and shall qualify with the firearm at least quarterly. It
is the responsibility of the individual officer or designee to
maintain his or her eligibility to carry concealable firearms off
duty. Failure to maintain quarterly qualifications by an officer or
designee with any concealable firearms carried off duty shall
constitute good cause to suspend or revoke that person's right to
carry firearms off duty.
   (e) The Department of Corrections shall allow reasonable access to
its ranges for officers and designees of either department to
qualify to carry concealable firearms off duty. The time spent on the
range for purposes of meeting the qualification requirements shall
be the person's own time during the person's off-duty hours.
   (f) The Director of Corrections shall promulgate regulations
consistent with this section.
   (g) "High-risk transportation details" and "high-risk escape
details" as used in this section shall be determined by the Director
of the Youth Authority, or his or her designee. The director, or his
or her designee, shall consider at least the following in determining
"high-risk transportation details" and "high-risk escape details":
protection of the public, protection of officers, flight risk, and
violence potential of the wards.
   (h) "Transportation detail" as used in this section shall include
transportation of wards outside the facility, including, but not
limited to, court appearances, medical trips, and interfacility
transfers.
   (i) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
  SEC. 25.5.  Section 830.5 of the Penal Code, as amended by Section
44 of Chapter 1124 of the Statutes of 2002, is amended to read:
   830.5.  The following persons are peace officers whose authority
extends to any place in the state while engaged in the performance of
the duties of their respective employment and for the purpose of
carrying out the primary function of their employment or as required
under Sections 8597, 8598, and 8617 of the Government Code. Except as
specified in this section, these peace officers may carry firearms
only if authorized and under those terms and conditions specified by
their employing agency:
   (a) A parole officer of the Department of Corrections or the
Department of the Youth Authority, probation officer, deputy
probation officer, or a board coordinating parole agent employed by
the Youthful Offender Parole Board. Except as otherwise provided in
this subdivision, the authority of these parole or probation officers
shall extend only as follows:
   (1) To conditions of parole, probation, or postrelease community
supervision by any person in this state on parole, or postrelease
community supervision. probation.
   (2) To the escape of any inmate or ward from a state or local
institution.
   (3) To the transportation of persons on parole, probation, or
postrelease community supervision.
   (4) To violations of any penal provisions of law which are
discovered while performing the usual or authorized duties of his or
her employment.
   (5) To the rendering of mutual aid to any other law enforcement
agency.
   For the purposes of this subdivision, "parole agent" shall have
the same meaning as parole officer of the Department of Corrections
or of the Department of the Youth Authority.
   Any parole officer of the Department of Corrections, the
Department of the Youth Authority, or the Youthful Offender Parole
Board is authorized to carry firearms, but only as determined by the
director on a case-by-case or unit-by-unit basis and only under those
terms and conditions specified by the director or chairperson. The
Department of the Youth Authority shall develop a policy for arming
peace officers of the Department of the Youth Authority who comprise
"high-risk transportation details" or "high-risk escape details" no
later than June 30, 1995. This policy shall be implemented no later
than December 31, 1995.
   The Department of the Youth Authority shall train and arm those
peace officers who comprise tactical teams at each facility for use
during "high-risk escape details."
   (b) A correctional officer employed by the Department of
Corrections or any employee of the Department of the Youth Authority
having custody of wards or any employee of the Department of
Corrections designated by the Director of Corrections or any
correctional counselor series employee of the Department of
Corrections or any medical technical assistant series employee
designated by the Director of Corrections or designated by the
Director of Corrections and employed by the State Department of
Mental Health or employee of the Board of Prison Terms designated by
the Secretary of the Youth and Adult Correctional Agency or employee
of the Department of the Youth Authority designated by the Director
of the Youth Authority or any superintendent, supervisor, or employee
having custodial responsibilities in an institution operated by a
probation department, or any transportation officer of a probation
department.
   (c) The following persons may carry a firearm while not on duty: a
parole officer of the Department of Corrections or the Department of
the Youth Authority, a correctional officer or correctional
counselor employed by the Department of Corrections or any employee
of the Department of the Youth Authority having custody of wards or
any employee of the Department of Corrections designated by the
Director of Corrections. A parole officer of the Youthful Offender
Parole Board may carry a firearm while not on duty only when so
authorized by the chairperson of the board and only under the terms
and conditions specified by the chairperson. Nothing in this section
shall be interpreted to require licensure pursuant to Section 12025.
The director or chairperson may deny, suspend, or revoke for good
cause a person's right to carry a firearm under this subdivision.
That person shall, upon request, receive a hearing, as provided for
in the negotiated grievance procedure between the exclusive employee
representative and the Department of Corrections, the Department of
the Youth Authority, or the Youthful Offender Parole Board, to review
the director's or the chairperson's decision.
   (d) Persons permitted to carry firearms pursuant to this section,
either on or off duty, shall meet the training requirements of
Section 832 and shall qualify with the firearm at least quarterly. It
is the responsibility of the individual officer or designee to
maintain his or her eligibility to carry concealable firearms off
duty. Failure to maintain quarterly qualifications by an officer or
designee with any concealable firearms carried off duty shall
constitute good cause to suspend or revoke that person's right to
carry firearms off duty.
   (e) The Department of Corrections shall allow reasonable access to
its ranges for officers and designees of either department to
qualify to carry concealable firearms off duty. The time spent on the
range for purposes of meeting the qualification requirements shall
be the person's own time during the person's off-duty hours.
   (f) The Director of Corrections shall promulgate regulations
consistent with this section.
   (g) "High-risk transportation details" and "high-risk escape
details" as used in this section shall be determined by the Director
of the Youth Authority, or his or her designee. The director, or his
or her designee, shall consider at least the following in determining
"high-risk transportation details" and "high-risk escape details":
protection of the public, protection of officers, flight risk, and
violence potential of the wards.
   (h) "Transportation detail" as used in this section shall include
transportation of wards outside the facility, including, but not
limited to, court appearances, medical trips, and interfacility
transfers.
   (i) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
  SEC. 26.  Section 830.5 of the Penal Code, as amended by Section 6
of Chapter 10 of the Statutes of 2011, is amended to read:
   830.5.  The following persons are peace officers whose authority
extends to any place in the state while engaged in the performance of
the duties of their respective employment and for the purpose of
carrying out the primary function of their employment or as required
under Sections 8597, 8598, and 8617 of the Government Code. Except as
specified in this section, these peace officers may carry firearms
only if authorized and under those terms and conditions specified by
their employing agency:
   (a) A parole officer of the Department of Corrections and
Rehabilitation, or the Department of Corrections and Rehabilitation,
Division of Juvenile Parole Operations, probation officer, deputy
probation officer, or a board coordinating parole agent employed by
the Juvenile Parole Board. Except as otherwise provided in this
subdivision, the authority of these parole or probation officers
shall extend only as follows:
   (1) To conditions of parole, probation, or postrelease community
supervision by any person in this state on parole, probation, or
postrelease community supervision.
   (2) To the escape of any inmate or ward from a state or local
institution.
   (3) To the transportation of persons on parole, probation, or
postrelease community supervision.
   (4) To violations of any penal provisions of law which are
discovered while performing the usual or authorized duties of his or
her employment.
   (5) (A) To the rendering of mutual aid to any other law
enforcement agency.
   (B) For the purposes of this subdivision, "parole agent" shall
have the same meaning as parole officer of the Department of
Corrections and Rehabilitation or of the Department of Corrections
and Rehabilitation, Division of Juvenile Justice.
   (C) Any parole officer of the Department of Corrections and
Rehabilitation, or the Department of Corrections and Rehabilitation,
Division of Juvenile Parole Operations, is authorized to carry
firearms, but only as determined by the director on a case-by-case or
unit-by-unit basis and only under those terms and conditions
specified by the director or chairperson. The Department of
Corrections and Rehabilitation, Division of Juvenile Justice, shall
develop a policy for arming peace officers of the Department of
Corrections and Rehabilitation, Division of Juvenile Justice, who
comprise "high-risk transportation details" or "high-risk escape
details" no later than June 30, 1995. This policy shall be
implemented no later than December 31, 1995.
   (D) The Department of Corrections and Rehabilitation, Division of
Juvenile Justice, shall train and arm those peace officers who
comprise tactical teams at each facility for use during "high-risk
escape details."
   (b) A correctional officer employed by the Department of
Corrections and Rehabilitation, or of the Department of Corrections
and Rehabilitation, Division of Juvenile Justice, having custody of
wards or any employee of the Department of Corrections and
Rehabilitation designated by the secretary or any correctional
counselor series employee of the Department of Corrections and
Rehabilitation or any medical technical assistant series employee
designated by the secretary or designated by the secretary and
employed by the State Department of Mental Health or any employee of
the Board of Parole Hearings designated by the secretary or employee
of the Department of Corrections and Rehabilitation, Division of
Juvenile Justice, designated by the secretary or any superintendent,
supervisor, or employee having custodial responsibilities in an
institution operated by a probation department, or any transportation
officer of a probation department.
   (c) The following persons may carry a firearm while not on duty: a
parole officer of the Department of Corrections and Rehabilitation,
or the Department of Corrections and Rehabilitation, Division of
Juvenile Justice, a correctional officer or correctional counselor
employed by the Department of Corrections and Rehabilitation, or an
employee of the Department of Corrections and Rehabilitation,
Division of Juvenile Justice, having custody of wards or any employee
of the Department of Corrections and Rehabilitation designated by
the secretary. A parole officer of the Juvenile Parole Board may
carry a firearm while not on duty only when so authorized by the
chairperson of the board and only under the terms and conditions
specified by the chairperson. Nothing in this section shall be
interpreted to require licensure pursuant to Section 25400. The
director or chairperson may deny, suspend, or revoke for good cause a
person's right to carry a firearm under this subdivision. That
person shall, upon request, receive a hearing, as provided for in the
negotiated grievance procedure between the exclusive employee
representative and the Department of Corrections and Rehabilitation,
Division of Juvenile Justice, or the Juvenile Parole Board, to review
the director's or the chairperson's decision.
   (d) Persons permitted to carry firearms pursuant to this section,
either on or off duty, shall meet the training requirements of
Section 832 and shall qualify with the firearm at least quarterly. It
is the responsibility of the individual officer or designee to
maintain his or her eligibility to carry concealable firearms off
duty. Failure to maintain quarterly qualifications by an officer or
designee with any concealable firearms carried off duty shall
constitute good cause to suspend or revoke that person's right to
carry firearms off duty.
   (e) The Department of Corrections and Rehabilitation shall allow
reasonable access to its ranges for officers and designees of either
department to qualify to carry concealable firearms off duty. The
time spent on the range for purposes of meeting the qualification
requirements shall be the person's own time during the person's
off-duty hours.
   (f) The secretary shall promulgate regulations consistent with
this section.
   (g) "High-risk transportation details" and "high-risk escape
details" as used in this section shall be determined by the
secretary, or his or her designee. The secretary, or his or her
designee, shall consider at least the following in determining
"high-risk transportation details" and "high-risk escape details":
protection of the public, protection of officers, flight risk, and
violence potential of the wards.
   (h) "Transportation detail" as used in this section shall include
transportation of wards outside the facility, including, but not
limited to, court appearances, medical trips, and interfacility
transfers.
   This section is operative January 1, 2012.
  SEC. 27.  Section 1170 of the Penal Code, as amended by Section 450
of Chapter 15 of the Statutes of 2011, is amended to read:
   1170.  (a) (1) The Legislature finds and declares that the purpose
of imprisonment for crime is punishment. This purpose is best served
by terms proportionate to the seriousness of the offense with
provision for uniformity in the sentences of offenders committing the
same offense under similar circumstances. The Legislature further
finds and declares that the elimination of disparity and the
provision of uniformity of sentences can best be achieved by
determinate sentences fixed by statute in proportion to the
seriousness of the offense as determined by the Legislature to be
imposed by the court with specified discretion.
   (2) Notwithstanding paragraph (1), the Legislature further finds
and declares that programs should be available for inmates,
including, but not limited to, educational programs, that are
designed to prepare nonviolent felony offenders for successful
reentry into the community. The Legislature encourages the
development of policies and programs designed to educate and
rehabilitate nonviolent felony offenders. In implementing this
section, the Department of Corrections and Rehabilitation is
encouraged to give priority enrollment in programs to promote
successful return to the community to an inmate with a short
remaining term of commitment and a release date that would allow him
or her adequate time to complete the program.
   (3) In any case in which the punishment prescribed by statute for
a person convicted of a public offense is a term of imprisonment in
the state prison of any specification of three time periods, the
court shall sentence the defendant to one of the terms of
imprisonment specified unless the convicted person is given any other
disposition provided by law, including a fine, jail, probation, or
the suspension of imposition or execution of sentence or is sentenced
pursuant to subdivision (b) of Section 1168 because he or she had
committed his or her crime prior to July 1, 1977. In sentencing the
convicted person, the court shall apply the sentencing rules of the
Judicial Council. The court, unless it determines that there are
circumstances in mitigation of the punishment prescribed, shall also
impose any other term that it is required by law to impose as an
additional term. Nothing in this article shall affect any provision
of law that imposes the death penalty, that authorizes or restricts
the granting of probation or suspending the execution or imposition
of sentence, or expressly provides for imprisonment in the state
prison for life. In any case in which the amount of preimprisonment
credit under Section 2900.5 or any other provision of law is equal to
or exceeds any sentence imposed pursuant to this chapter, the entire
sentence shall be deemed to have been served and the defendant shall
not be actually delivered to the custody of the secretary. The court
shall advise the defendant that he or she shall serve a period of
parole and order the defendant to report to the parole office closest
to the defendant's last legal residence, unless the in-custody
credits equal the total sentence, including both confinement time and
the period of parole. The sentence shall be deemed a separate prior
prison term under Section 667.5, and a copy of the judgment and other
necessary documentation shall be forwarded to the secretary.
   (b) When a judgment of imprisonment is to be imposed and the
statute specifies three possible terms, the choice of the appropriate
term shall rest within the sound discretion of the court. At least
four days prior to the time set for imposition of judgment, either
party or the victim, or the family of the victim if the victim is
deceased, may submit a statement in aggravation or mitigation. In
determining the appropriate term, the court may consider the record
in the case, the probation officer's report, other reports, including
reports received pursuant to Section 1203.03, and statements in
aggravation or mitigation submitted by the prosecution, the
defendant, or the victim, or the family of the victim if the victim
is deceased, and any further evidence introduced at the sentencing
hearing. The court shall select the term which, in the court's
discretion, best serves the interests of justice. The court shall set
forth on the record the reasons for imposing the term selected and
the court may not impose an upper term by using the fact of any
enhancement upon which sentence is imposed under any provision of
law. A term of imprisonment shall not be specified if imposition of
sentence is suspended.
   (c) The court shall state the reasons for its sentence choice on
the record at the time of sentencing. The court shall also inform the
defendant that as part of the sentence after expiration of the term
he or she may be on parole for a period as provided in Section 3000.
   (d) When a defendant subject to this section or subdivision (b) of
Section 1168 has been sentenced to be imprisoned in the state prison
and has been committed to the custody of the secretary, the court
may, within 120 days of the date of commitment on its own motion, or
at any time upon the recommendation
         of the secretary or the Board of Parole Hearings, recall the
sentence and commitment previously ordered and resentence the
defendant in the same manner as if he or she had not previously been
sentenced, provided the new sentence, if any, is no greater than the
initial sentence. The resentence under this subdivision shall apply
the sentencing rules of the Judicial Council so as to eliminate
disparity of sentences and to promote uniformity of sentencing.
Credit shall be given for time served.
   (e) (1) Notwithstanding any other law and consistent with
paragraph (1) of subdivision (a), if the secretary or the Board of
Parole Hearings or both determine that a prisoner satisfies the
criteria set forth in paragraph (2), the secretary or the board may
recommend to the court that the prisoner's sentence be recalled.
   (2) The court shall have the discretion to resentence or recall if
the court finds that the facts described in subparagraphs (A) and
(B) or subparagraphs (B) and (C) exist:
   (A) The prisoner is terminally ill with an incurable condition
caused by an illness or disease that would produce death within six
months, as determined by a physician employed by the department.
   (B) The conditions under which the prisoner would be released or
receive treatment do not pose a threat to public safety.
   (C) The prisoner is permanently medically incapacitated with a
medical condition that renders him or her permanently unable to
perform activities of basic daily living, and results in the prisoner
requiring 24-hour total care, including, but not limited to, coma,
persistent vegetative state, brain death, ventilator-dependency, loss
of control of muscular or neurological function, and that
incapacitation did not exist at the time of the original sentencing.
   The Board of Parole Hearings shall make findings pursuant to this
subdivision before making a recommendation for resentence or recall
to the court. This subdivision does not apply to a prisoner sentenced
to death or a term of life without the possibility of parole.
   (3) Within 10 days of receipt of a positive recommendation by the
secretary or the board, the court shall hold a hearing to consider
whether the prisoner's sentence should be recalled.
   (4) Any physician employed by the department who determines that a
prisoner has six months or less to live shall notify the chief
medical officer of the prognosis. If the chief medical officer
concurs with the prognosis, he or she shall notify the warden. Within
48 hours of receiving notification, the warden or the warden's
representative shall notify the prisoner of the recall and
resentencing procedures, and shall arrange for the prisoner to
designate a family member or other outside agent to be notified as to
the prisoner's medical condition and prognosis, and as to the recall
and resentencing procedures. If the inmate is deemed mentally unfit,
the warden or the warden's representative shall contact the inmate's
emergency contact and provide the information described in paragraph
(2).
   (5) The warden or the warden's representative shall provide the
prisoner and his or her family member, agent, or emergency contact,
as described in paragraph (4), updated information throughout the
recall and resentencing process with regard to the prisoner's medical
condition and the status of the prisoner's recall and resentencing
proceedings.
   (6) Notwithstanding any other provisions of this section, the
prisoner or his or her family member or designee may independently
request consideration for recall and resentencing by contacting the
chief medical officer at the prison or the secretary. Upon receipt of
the request, the chief medical officer and the warden or the warden'
s representative shall follow the procedures described in paragraph
(4). If the secretary determines that the prisoner satisfies the
criteria set forth in paragraph (2), the secretary or board may
recommend to the court that the prisoner's sentence be recalled. The
secretary shall submit a recommendation for release within 30 days in
the case of inmates sentenced to determinate terms and, in the case
of inmates sentenced to indeterminate terms, the secretary shall make
a recommendation to the Board of Parole Hearings with respect to the
inmates who have applied under this section. The board shall
consider this information and make an independent judgment pursuant
to paragraph (2) and make findings related thereto before rejecting
the request or making a recommendation to the court. This action
shall be taken at the next lawfully noticed board meeting.
   (7) Any recommendation for recall submitted to the court by the
secretary or the Board of Parole Hearings shall include one or more
medical evaluations, a postrelease plan, and findings pursuant to
paragraph (2).
   (8) If possible, the matter shall be heard before the same judge
of the court who sentenced the prisoner.
   (9) If the court grants the recall and resentencing application,
the prisoner shall be released by the department within 48 hours of
receipt of the court's order, unless a longer time period is agreed
to by the inmate. At the time of release, the warden or the warden's
representative shall ensure that the prisoner has each of the
following in his or her possession: a discharge medical summary, full
medical records, state identification, parole medications, and all
property belonging to the prisoner. After discharge, any additional
records shall be sent to the prisoner's forwarding address.
   (10) The secretary shall issue a directive to medical and
correctional staff employed by the department that details the
guidelines and procedures for initiating a recall and resentencing
procedure. The directive shall clearly state that any prisoner who is
given a prognosis of six months or less to live is eligible for
recall and resentencing consideration, and that recall and
resentencing procedures shall be initiated upon that prognosis.
   (f) Notwithstanding any other provision of this section, for
purposes of paragraph (3) of subdivision (h), any allegation that a
defendant is eligible for state prison due to a prior or current
conviction, sentence enhancement, or because he or she is required to
register as a sex offender shall not be subject to dismissal
pursuant to Section 1385.
   (g) A sentence to state prison for a determinate term for which
only one term is specified, is a sentence to state prison under this
section.
   (h) (1) Except as provided in paragraph (3), a felony punishable
pursuant to this subdivision where the term is not specified in the
underlying offense shall be punishable by a term of imprisonment in a
county jail for 16 months, or two or three years.
   (2) Except as provided in paragraph (3), a felony punishable
pursuant to this subdivision shall be punishable by imprisonment in a
county jail for the term described in the underlying offense.
   (3) Notwithstanding paragraphs (1) and (2), where the defendant
has a prior or current felony conviction for a serious felony
described in subdivision (c) of Section 1192.7, a violent felony
described in subdivision (c) of Section 667.5, is required to
register as a sex offender pursuant to Chapter 5.5 (commencing with
Section 290) of Title 9 of Part 1, or is convicted of a crime and as
part of the sentence an enhancement pursuant to Section 186.11 is
imposed, an executed sentence for a felony punishable pursuant to
this subdivision shall be served in state prison.
   (4) Nothing in this subdivision shall be construed to prevent
other dispositions authorized by law, including pretrial diversion,
deferred entry of judgment, or an order granting probation pursuant
to Section 1203.1.
   (5) A judge, when imposing a sentence pursuant to this section,
may order the defendant to serve a term in a county jail for a period
not to exceed the maximum possible term of confinement or may impose
a sentence that includes a period of county jail time and a period
of mandatory probation not to exceed the maximum possible sentence.
   (6) The sentencing changes made by the act that added this
subdivision shall be applied prospectively to any person sentenced on
or after October 1, 2011.
   (i) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before that date, deletes or extends that
date.
  SEC. 28.  Section 1170 of the Penal Code, as amended by Section 451
of Chapter 15 of the Statutes of 2011, is amended to read:
   1170.  (a) (1) The Legislature finds and declares that the purpose
of imprisonment for crime is punishment. This purpose is best served
by terms proportionate to the seriousness of the offense with
provision for uniformity in the sentences of offenders committing the
same offense under similar circumstances. The Legislature further
finds and declares that the elimination of disparity and the
provision of uniformity of sentences can best be achieved by
determinate sentences fixed by statute in proportion to the
seriousness of the offense as determined by the Legislature to be
imposed by the court with specified discretion.
   (2) Notwithstanding paragraph (1), the Legislature further finds
and declares that programs should be available for inmates,
including, but not limited to, educational programs, that are
designed to prepare nonviolent felony offenders for successful
reentry into the community. The Legislature encourages the
development of policies and programs designed to educate and
rehabilitate nonviolent felony offenders. In implementing this
section, the Department of Corrections and Rehabilitation is
encouraged to give priority enrollment in programs to promote
successful return to the community to an inmate with a short
remaining term of commitment and a release date that would allow him
or her adequate time to complete the program.
   (3) In any case in which the punishment prescribed by statute for
a person convicted of a public offense is a term of imprisonment in
the state prison of any specification of three time periods, the
court shall sentence the defendant to one of the terms of
imprisonment specified unless the convicted person is given any other
disposition provided by law, including a fine, jail, probation, or
the suspension of imposition or execution of sentence or is sentenced
pursuant to subdivision (b) of Section 1168 because he or she had
committed his or her crime prior to July 1, 1977. In sentencing the
convicted person, the court shall apply the sentencing rules of the
Judicial Council. The court, unless it determines that there are
circumstances in mitigation of the punishment prescribed, shall also
impose any other term that it is required by law to impose as an
additional term. Nothing in this article shall affect any provision
of law that imposes the death penalty, that authorizes or restricts
the granting of probation or suspending the execution or imposition
of sentence, or expressly provides for imprisonment in the state
prison for life. In any case in which the amount of preimprisonment
credit under Section 2900.5 or any other provision of law is equal to
or exceeds any sentence imposed pursuant to this chapter, the entire
sentence shall be deemed to have been served and the defendant shall
not be actually delivered to the custody of the secretary. The court
shall advise the defendant that he or she shall serve a period of
parole and order the defendant to report to the parole office closest
to the defendant's last legal residence, unless the in-custody
credits equal the total sentence, including both confinement time and
the period of parole. The sentence shall be deemed a separate prior
prison term under Section 667.5, and a copy of the judgment and other
necessary documentation shall be forwarded to the secretary.
   (b) When a judgment of imprisonment is to be imposed and the
statute specifies three possible terms, the court shall order
imposition of the middle term, unless there are circumstances in
aggravation or mitigation of the crime. At least four days prior to
the time set for imposition of judgment, either party or the victim,
or the family of the victim if the victim is deceased, may submit a
statement in aggravation or mitigation to dispute facts in the record
or the probation officer's report, or to present additional facts.
In determining whether there are circumstances that justify
imposition of the upper or lower term, the court may consider the
record in the case, the probation officer's report, other reports,
including reports received pursuant to Section 1203.03, and
statements in aggravation or mitigation submitted by the prosecution,
the defendant, or the victim, or the family of the victim if the
victim is deceased, and any further evidence introduced at the
sentencing hearing. The court shall set forth on the record the facts
and reasons for imposing the upper or lower term. The court may not
impose an upper term by using the fact of any enhancement upon which
sentence is imposed under any provision of law. A term of
imprisonment shall not be specified if imposition of sentence is
suspended.
   (c) The court shall state the reasons for its sentence choice on
the record at the time of sentencing. The court shall also inform the
defendant that as part of the sentence after expiration of the term
he or she may be on parole for a period as provided in Section 3000.
   (d) When a defendant subject to this section or subdivision (b) of
Section 1168 has been sentenced to be imprisoned in the state prison
and has been committed to the custody of the secretary, the court
may, within 120 days of the date of commitment on its own motion, or
at any time upon the recommendation of the secretary or the Board of
Parole Hearings, recall the sentence and commitment previously
ordered and resentence the defendant in the same manner as if he or
she had not previously been sentenced, provided the new sentence, if
any, is no greater than the initial sentence. The resentence under
this subdivision shall apply the sentencing rules of the Judicial
Council so as to eliminate disparity of sentences and to promote
uniformity of sentencing. Credit shall be given for time served.
   (e) (1) Notwithstanding any other law and consistent with
paragraph (1) of subdivision (a), if the secretary or the Board of
Parole Hearings or both determine that a prisoner satisfies the
criteria set forth in paragraph (2), the secretary or the board may
recommend to the court that the prisoner's sentence be recalled.
   (2) The court shall have the discretion to resentence or recall if
the court finds that the facts described in subparagraphs (A) and
(B) or subparagraphs (B) and (C) exist:
   (A) The prisoner is terminally ill with an incurable condition
caused by an illness or disease that would produce death within six
months, as determined by a physician employed by the department.
   (B) The conditions under which the prisoner would be released or
receive treatment do not pose a threat to public safety.
   (C) The prisoner is permanently medically incapacitated with a
medical condition that renders him or her permanently unable to
perform activities of basic daily living, and results in the prisoner
requiring 24-hour total care, including, but not limited to, coma,
persistent vegetative state, brain death, ventilator-dependency, loss
of control of muscular or neurological function, and that
incapacitation did not exist at the time of the original sentencing.
   The Board of Parole Hearings shall make findings pursuant to this
subdivision before making a recommendation for resentence or recall
to the court. This subdivision does not apply to a prisoner sentenced
to death or a term of life without the possibility of parole.
   (3) Within 10 days of receipt of a positive recommendation by the
secretary or the board, the court shall hold a hearing to consider
whether the prisoner's sentence should be recalled.
   (4) Any physician employed by the department who determines that a
prisoner has six months or less to live shall notify the chief
medical officer of the prognosis. If the chief medical officer
concurs with the prognosis, he or she shall notify the warden. Within
48 hours of receiving notification, the warden or the warden's
representative shall notify the prisoner of the recall and
resentencing procedures, and shall arrange for the prisoner to
designate a family member or other outside agent to be notified as to
the prisoner's medical condition and prognosis, and as to the recall
and resentencing procedures. If the inmate is deemed mentally unfit,
the warden or the warden's representative shall contact the inmate's
emergency contact and provide the information described in paragraph
(2).
   (5) The warden or the warden's representative shall provide the
prisoner and his or her family member, agent, or emergency contact,
as described in paragraph (4), updated information throughout the
recall and resentencing process with regard to the prisoner's medical
condition and the status of the prisoner's recall and resentencing
proceedings.
   (6) Notwithstanding any other provisions of this section, the
prisoner or his or her family member or designee may independently
request consideration for recall and resentencing by contacting the
chief medical officer at the prison or the secretary. Upon receipt of
the request, the chief medical officer and the warden or the warden'
s representative shall follow the procedures described in paragraph
(4). If the secretary determines that the prisoner satisfies the
criteria set forth in paragraph (2), the secretary or board may
recommend to the court that the prisoner's sentence be recalled. The
secretary shall submit a recommendation for release within 30 days in
the case of inmates sentenced to determinate terms and, in the case
of inmates sentenced to indeterminate terms, the secretary shall make
a recommendation to the Board of Parole Hearings with respect to the
inmates who have applied under this section. The board shall
consider this information and make an independent judgment pursuant
to paragraph (2) and make findings related thereto before rejecting
the request or making a recommendation to the court. This action
shall be taken at the next lawfully noticed board meeting.
   (7) Any recommendation for recall submitted to the court by the
secretary or the Board of Parole Hearings shall include one or more
medical evaluations, a postrelease plan, and findings pursuant to
paragraph (2).
   (8) If possible, the matter shall be heard before the same judge
of the court who sentenced the prisoner.
   (9) If the court grants the recall and resentencing application,
the prisoner shall be released by the department within 48 hours of
receipt of the court's order, unless a longer time period is agreed
to by the inmate. At the time of release, the warden or the warden's
representative shall ensure that the prisoner has each of the
following in his or her possession: a discharge medical summary, full
medical records, state identification, parole medications, and all
property belonging to the prisoner. After discharge, any additional
records shall be sent to the prisoner's forwarding address.
   (10) The secretary shall issue a directive to medical and
correctional staff employed by the department that details the
guidelines and procedures for initiating a recall and resentencing
procedure. The directive shall clearly state that any prisoner who is
given a prognosis of six months or less to live is eligible for
recall and resentencing consideration, and that recall and
resentencing procedures shall be initiated upon that prognosis.
   (f) Notwithstanding any other provision of this section, for
purposes of paragraph (3) of subdivision (h), any allegation that a
defendant is eligible for state prison due to a prior or current
conviction, sentence enhancement, or because he or she is required to
register as a sex offender shall not be subject to dismissal
pursuant to Section 1385.
   (g) A sentence to state prison for a determinate term for which
only one term is specified, is a sentence to state prison under this
section.
   (h) (1) Except as provided in paragraph (3), a felony punishable
pursuant to this subdivision where the term is not specified in the
underlying offense shall be punishable by a term of imprisonment in a
county jail for 16 months, or two or three years.
   (2) Except as provided in paragraph (3), a felony punishable
pursuant to this subdivision shall be punishable by imprisonment in a
county jail for the term described in the underlying offense.
   (3) Notwithstanding paragraphs (1) and (2), where the defendant
has a prior or current felony conviction for a serious felony
described in subdivision (c) of Section 1192.7, a violent felony
described in subdivision (c) of Section 667.5, is required to
register as a sex offender pursuant to Chapter 5.5 (commencing with
Section 290) of Title 9 of Part 1, or is convicted of a crime and as
part of the sentence an enhancement pursuant to Section 186.11 is
imposed, an executed sentence for a felony punishable pursuant to
this subdivision shall be served in state prison.
   (4) Nothing in this subdivision shall be construed to prevent
other dispositions authorized by law, including pretrial diversion,
deferred entry of judgment, or an order granting probation pursuant
to Section 1203.1.
   (5) A judge, when imposing a sentence pursuant to this section,
may order the defendant to serve a term in a county jail for a period
not to exceed the maximum possible term of confinement or may impose
a sentence which includes a period of county jail time and a period
of mandatory probation not to exceed the maximum possible sentence.
   (6) The sentencing changes made by the act that added this
subdivision shall be applied prospectively to any person sentenced on
or after October 1, 2011.
   (i) This section shall become operative on January 1, 2012.
  SEC. 29.  Section 1170.1 of the Penal Code, as amended by Section 7
of Chapter 256 of the Statutes of 2010, is amended to read:
   1170.1.  (a) Except as otherwise provided by law, and subject to
Section 654, when any person is convicted of two or more felonies,
whether in the same proceeding or court or in different proceedings
or courts, and whether by judgment rendered by the same or by a
different court, and a consecutive term of imprisonment is imposed
under Sections 669 and 1170, the aggregate term of imprisonment for
all these convictions shall be the sum of the principal term, the
subordinate term, and any additional term imposed for applicable
enhancements for prior convictions, prior prison terms, and Section
12022.1. The principal term shall consist of the greatest term of
imprisonment imposed by the court for any of the crimes, including
any term imposed for applicable specific enhancements. The
subordinate term for each consecutive offense shall consist of
one-third of the middle term of imprisonment prescribed for each
other felony conviction for which a consecutive term of imprisonment
is imposed, and shall include one-third of the term imposed for any
specific enhancements applicable to those subordinate offenses.
Whenever a court imposes a term of imprisonment in the state prison,
whether the term is a principal or subordinate term, the aggregate
term shall be served in the state prison, regardless as to whether or
not one of the terms specifies imprisonment in the county jail
pursuant to subdivision (h) of Section 1170.
   (b) If a person is convicted of two or more violations of
kidnapping, as defined in Section 207, involving separate victims,
the subordinate term for each consecutive offense of kidnapping shall
consist of the full middle term and shall include the full term
imposed for specific enhancements applicable to those subordinate
offenses.
   (c) In the case of any person convicted of one or more felonies
committed while the person is confined in a state prison or is
subject to reimprisonment for escape from custody and the law either
requires the terms to be served consecutively or the court imposes
consecutive terms, the term of imprisonment for all the convictions
that the person is required to serve consecutively shall commence
from the time the person would otherwise have been released from
prison. If the new offenses are consecutive with each other, the
principal and subordinate terms shall be calculated as provided in
subdivision (a). This subdivision shall be applicable in cases of
convictions of more than one offense in the same or different
proceedings.
   (d) When the court imposes a prison sentence for a felony pursuant
to Section 1170 or subdivision (b) of Section 1168, the court shall
also impose, in addition and consecutive to the offense of which the
person has been convicted, the additional terms provided for any
applicable enhancements. If an enhancement is punishable by one of
three terms, the court shall, in its discretion, impose the term that
best serves the interest of justice, and state the reasons for its
sentence choice on the record at the time of sentencing. The court
shall also impose any other additional term that the court determines
in its discretion or as required by law shall run consecutive to the
term imposed under Section 1170 or subdivision (b) of Section 1168.
In considering the imposition of the additional term, the court shall
apply the sentencing rules of the Judicial Council.
   (e) All enhancements shall be alleged in the accusatory pleading
and either admitted by the defendant in open court or found to be
true by the trier of fact.
   (f) When two or more enhancements may be imposed for being armed
with or using a dangerous or deadly weapon or a firearm in the
commission of a single offense, only the greatest of those
enhancements shall be imposed for that offense. This subdivision
shall not limit the imposition of any other enhancements applicable
to that offense, including an enhancement for the infliction of great
bodily injury.
   (g) When two or more enhancements may be imposed for the
infliction of great bodily injury on the same victim in the
commission of a single offense, only the greatest of those
enhancements shall be imposed for that offense. This subdivision
shall not limit the imposition of any other enhancements applicable
to that offense, including an enhancement for being armed with or
using a dangerous or deadly weapon or a firearm.
   (h) For any violation of an offense specified in Section 667.6,
the number of enhancements that may be imposed shall not be limited,
regardless of whether the enhancements are pursuant to this section,
Section 667.6, or some other provision of law. Each of the
enhancements shall be a full and separately served term.
                 (i) This section shall remain in effect only until
January 1, 2012, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2012, deletes or
extends that date.
  SEC. 30.  Section 1170.1 of the Penal Code, as amended by Section 8
of Chapter 256 of the Statutes of 2010, is amended to read:
   1170.1.  (a) Except as otherwise provided by law, and subject to
Section 654, when any person is convicted of two or more felonies,
whether in the same proceeding or court or in different proceedings
or courts, and whether by judgment rendered by the same or by a
different court, and a consecutive term of imprisonment is imposed
under Sections 669 and 1170, the aggregate term of imprisonment for
all these convictions shall be the sum of the principal term, the
subordinate term, and any additional term imposed for applicable
enhancements for prior convictions, prior prison terms, and Section
12022.1. The principal term shall consist of the greatest term of
imprisonment imposed by the court for any of the crimes, including
any term imposed for applicable specific enhancements. The
subordinate term for each consecutive offense shall consist of
one-third of the middle term of imprisonment prescribed for each
other felony conviction for which a consecutive term of imprisonment
is imposed, and shall include one-third of the term imposed for any
specific enhancements applicable to those subordinate offenses.
Whenever a court imposes a term of imprisonment in the state prison,
whether the term is a principal or subordinate term, the aggregate
term shall be served in the state prison, regardless as to whether or
not one of the terms specifies imprisonment in the county jail
pursuant to subdivision (h) of Section 1170.
   (b) If a person is convicted of two or more violations of
kidnapping, as defined in Section 207, involving separate victims,
the subordinate term for each consecutive offense of kidnapping shall
consist of the full middle term and shall include the full term
imposed for specific enhancements applicable to those subordinate
offenses.
   (c) In the case of any person convicted of one or more felonies
committed while the person is confined in a state prison or is
subject to reimprisonment for escape from custody and the law either
requires the terms to be served consecutively or the court imposes
consecutive terms, the term of imprisonment for all the convictions
that the person is required to serve consecutively shall commence
from the time the person would otherwise have been released from
prison. If the new offenses are consecutive with each other, the
principal and subordinate terms shall be calculated as provided in
subdivision (a). This subdivision shall be applicable in cases of
convictions of more than one offense in the same or different
proceedings.
   (d) When the court imposes a prison sentence for a felony pursuant
to Section 1170 or subdivision (b) of Section 1168, the court shall
also impose, in addition and consecutive to the offense of which the
person has been convicted, the additional terms provided for any
applicable enhancements. If an enhancement is punishable by one of
three terms, the court shall impose the middle term unless there are
circumstances in aggravation or mitigation, and state the reasons for
its sentence choice, other than the middle term, on the record at
the time of sentencing. The court shall also impose any other
additional term that the court determines in its discretion or as
required by law shall run consecutive to the term imposed under
Section 1170 or subdivision (b) of Section 1168. In considering the
imposition of the additional term, the court shall apply the
sentencing rules of the Judicial Council.
   (e) All enhancements shall be alleged in the accusatory pleading
and either admitted by the defendant in open court or found to be
true by the trier of fact.
   (f) When two or more enhancements may be imposed for being armed
with or using a dangerous or deadly weapon or a firearm in the
commission of a single offense, only the greatest of those
enhancements shall be imposed for that offense. This subdivision
shall not limit the imposition of any other enhancements applicable
to that offense, including an enhancement for the infliction of great
bodily injury.
   (g) When two or more enhancements may be imposed for the
infliction of great bodily injury on the same victim in the
commission of a single offense, only the greatest of those
enhancements shall be imposed for that offense. This subdivision
shall not limit the imposition of any other enhancements applicable
to that offense, including an enhancement for being armed with or
using a dangerous or deadly weapon or a firearm.
   (h) For any violation of an offense specified in Section 667.6,
the number of enhancements that may be imposed shall not be limited,
regardless of whether the enhancements are pursuant to this section,
Section 667.6, or some other provision of law. Each of the
enhancements shall be a full and separately served term.
   (i) This section shall become operative on January 1, 2012.
  SEC. 31.  Section 1203.018 of the Penal Code is amended to read:
   1203.018.  (a) Notwithstanding any other law, this section shall
only apply to inmates being held in lieu of bail and on no other
basis.
   (b) Notwithstanding any other law, the board of supervisors of any
county may authorize the correctional administrator, as defined in
paragraph (1) of subdivision (k), to offer a program under which
inmates being held in lieu of bail in a county jail or other county
correctional facility may participate in an electronic monitoring
program if the conditions specified in subdivision (c) are met.
   (c) (1) In order to qualify for participation in an electronic
monitoring program pursuant to this section, the inmate must be an
inmate with no holds or outstanding warrants to whom one of the
following circumstances applies:
   (A) The inmate has been held in custody for at least 30 calendar
days from the date of arraignment pending disposition of only
misdemeanor charges.
   (B) The inmate has been held in custody pending disposition of
charges for at least 60 calendar days from the date of arraignment.
   (2) All participants shall be subject to discretionary review for
eligibility and compliance by the correctional administrator
consistent with this section.
   (d) The board of supervisors, after consulting with the sheriff
and district attorney, may prescribe reasonable rules and regulations
under which an electronic monitoring program pursuant to this
section may operate. As a condition of participation in the
electronic monitoring program, the participant shall give his or her
consent in writing to participate and shall agree in writing to
comply with the rules and regulations of the program, including, but
not limited to, all of the following:
   (1) The participant shall remain within the interior premises of
his or her residence during the hours designated by the correctional
administrator.
   (2) The participant shall admit any person or agent designated by
the correctional administrator into his or her residence at any time
for purposes of verifying the participant's compliance with the
conditions of his or her detention.
   (3) The electronic monitoring may include global positioning
system devices or other supervising devices for the purpose of
helping to verify the participant's compliance with the rules and
regulations of the electronic monitoring program. The electronic
devices shall not be used to eavesdrop or record any conversation,
except a conversation between the participant and the person
supervising the participant to be used solely for the purposes of
voice identification.
   (4) The correctional administrator in charge of the county
correctional facility from which the participant was released may,
without further order of the court, immediately retake the person
into custody if the electronic monitoring or supervising devices are
unable for any reason to properly perform their function at the
designated place of home detention, if the person fails to remain
within the place of home detention as stipulated in the agreement, if
the person willfully fails to pay fees to the provider of electronic
home detention services, as stipulated in the agreement, subsequent
to the written notification of the participant that the payment has
not been received and that return to custody may result, or if the
person for any other reason no longer meets the established criteria
under this section.
   (5) A copy of the signed consent to participate and a copy of the
agreement to comply with the rules and regulations shall be provided
to the participant and a copy shall be retained by the correctional
administrator.
   (e) The rules and regulations and administrative policy of the
program shall be reviewed on an annual basis by the county board of
supervisors and the correctional administrator. The rules and
regulations shall be given to every participant.
   (f) Whenever the peace officer supervising a participant has
reasonable cause to believe that the participant is not complying
with the rules or conditions of the program, or that the electronic
monitoring devices are unable to function properly in the designated
place of confinement, the peace officer may, under general or
specific authorization of the correctional administrator, and without
a warrant of arrest, retake the person into custody.
   (g) (1) Nothing in this section shall be construed to require the
correctional administrator to allow a person to participate in this
program if it appears from the record that the person has not
satisfactorily complied with reasonable rules and regulations while
in custody. A person shall be eligible for participation in an
electronic monitoring program only if the correctional administrator
concludes that the person meets the criteria for release established
under this section and that the person's participation is consistent
with any reasonable rules and regulations prescribed by the board of
supervisors or the administrative policy of the correctional
administrator.
   (2) The correctional administrator, or his or her designee, shall
have discretionary authority consistent with this section to permit
program participation as an alternative to physical custody. All
persons approved by the correctional administrator to participate in
the electronic monitoring program pursuant to subdivision (c) who are
denied participation and all persons removed from program
participation shall be notified in writing of the specific reasons
for the denial or removal. The notice of denial or removal shall
include the participant's appeal rights, as established by program
administrative policy.
   (h) The correctional administrator may permit electronic
monitoring program participants to seek and retain employment in the
community, attend psychological counseling sessions or educational or
vocational training classes, or seek medical and dental assistance.
   (i) Willful failure of the program participant to return to the
place of home detention prior to the expiration of any period of time
during which he or she is authorized to be away from the place of
home detention pursuant to this section and unauthorized departures
from the place of home detention is punishable pursuant to Section
4532.
   (j) The board of supervisors may prescribe a program
administrative fee to be paid by each electronic monitoring
participant.
   (k) For purposes of this section, the following terms have the
following meanings:
   (1) "Correctional administrator" means the sheriff, probation
officer, or director of the county department of corrections.
   (2) "Electronic monitoring program" includes, but is not limited
to, home detention programs, work furlough programs, and work release
programs.
   (  l  ) Notwithstanding any other law, upon request of a
local law enforcement agency with jurisdiction over the location
where a participant in an electronic monitoring program is placed,
the correctional administrator shall provide the following
information regarding participants in the electronic monitoring
program:
   (1) The participant's name, address, and date of birth.
   (2) The offense or offenses alleged to have been committed by the
participant.
   (3) The period of time the participant will be placed on home
detention.
   (4) Whether the participant successfully completed the prescribed
period of home detention or was returned to a county correctional
facility, and if the person was returned to a county correctional
facility, the reason for the return.
   (5) The gender and ethnicity of the participant.
   (m) Any information received by a law enforcement agency pursuant
to subdivision (  l  ) shall be used only for the purpose of
monitoring the impact of home electronic monitoring programs in the
community.
   (n) It is the intent of the Legislature that electronic monitoring
programs established under this section maintain the highest public
confidence, credibility, and public safety. In the furtherance of
these standards, the following shall apply:
   (1) The correctional administrator, with the approval of the board
of supervisors, may administer an electronic monitoring program as
provided in this section pursuant to written contracts with
appropriate public or private agencies or entities to provide
specified program services. No public or private agency or entity may
operate a home detention program pursuant to this section in any
county without a written contract with that county's correctional
administrator. No public or private agency or entity entering into a
contract pursuant to this subdivision may itself employ any person
who is in the electronic monitoring program.
   (2) Program participants shall undergo the normal booking process
for arrestees entering the jail. All electronic monitoring program
participants shall be supervised.
   (3) (A) All privately operated electronic monitoring programs
shall be under the jurisdiction of, and subject to the terms and
conditions of the contract entered into with, the correctional
administrator.
   (B) Each contract specified in subparagraph (A) shall include, but
not be limited to, all of the following:
   (i) A provision whereby the private agency or entity agrees to
operate in compliance with any available standards and all state and
county laws applicable to the operation of electronic monitoring
programs and the supervision of offenders in an electronic monitoring
program.
   (ii) A provision that clearly defines areas of respective
responsibility and liability of the county and the private agency or
entity.
   (iii) A provision that requires the private agency or entity to
demonstrate evidence of financial responsibility, submitted to and
approved by the board of supervisors, in amounts and under conditions
sufficient to fully indemnify the county for reasonably foreseeable
public liability, including legal defense costs that may arise from,
or be proximately caused by, acts or omissions of the contractor.
   (iv) A provision that requires the private agency or entity to
provide evidence of financial responsibility, such as certificates of
insurance or copies of insurance policies, prior to commencing any
operations pursuant to the contract or at any time requested by the
board of supervisors or correctional administrator.
   (v) A provision that requires an annual review by the correctional
administrator to ensure compliance with requirements set by the
board of supervisors and for adjustment of the financial
responsibility requirements if warranted by caseload changes or other
factors.
   (vi) A provision that permits the correctional administrator to
immediately terminate the contract with a private agency or entity at
any time that the contractor fails to demonstrate evidence of
financial responsibility.
   (C) All privately operated electronic monitoring programs shall
comply with all applicable ordinances and regulations specified in
subdivision (a) of Section 1208.
   (D) The board of supervisors, the correctional administrator, and
the designee of the correctional administrator shall comply with
Section 1090 of the Government Code in the consideration, making, and
execution of contracts pursuant to this section.
   (E) The failure of the private agency or entity to comply with
state or county laws or with the standards established by the
contract with the correctional administrator shall constitute cause
to terminate the contract.
   (F) Upon the discovery that a private agency or entity with which
there is a contract is not in compliance with this paragraph, the
correctional administrator shall give 60 days' notice to the director
of the private agency or entity that the contract may be canceled if
the specified deficiencies are not corrected.
   (G) Shorter notice may be given or the contract may be canceled
without notice whenever a serious threat to public safety is present
because the private agency or entity has failed to comply with this
section.
   (H) For purposes of this section, "evidence of financial
responsibility" may include, but is not limited to, certified copies
of any of the following:
   (i) A current liability insurance policy.
   (ii) A current errors and omissions insurance policy.
   (iii) A surety bond.
  SEC. 32.  Section 1230 of the Penal Code is amended to read:
   1230.  (a) Each county is hereby authorized to establish in each
county treasury a Community Corrections Performance Incentives Fund
(CCPIF), to receive all amounts allocated to that county for purposes
of implementing this chapter.
   (b) In any fiscal year for which a county receives moneys to be
expended for the implementation of this chapter, the moneys,
including any interest, shall be made available to the CPO of that
county, within 30 days of the deposit of those moneys into the fund,
for the implementation of the community corrections program
authorized by this chapter.
   (1) The community corrections program shall be developed and
implemented by probation and advised by a local Community Corrections
Partnership.
   (2) The local Community Corrections Partnership shall be chaired
by the CPO and comprised of the following membership:
   (A) The presiding judge of the superior court, or his or her
designee.
   (B) A county supervisor or the chief administrative officer for
the county or a designee of the board of supervisors.
   (C) The district attorney.
   (D) The public defender.
   (E) The sheriff.
   (F) A chief of police.
   (G) The head of the county department of social services.
   (H) The head of the county department of mental health.
   (I) The head of the county department of employment.
   (J) The head of the county alcohol and substance abuse programs.
   (K) The head of the county office of education.
   (L) A representative from a community-based organization with
experience in successfully providing rehabilitative services to
persons who have been convicted of a criminal offense.
   (M) An individual who represents the interests of victims.
   (3) Funds allocated to probation pursuant to this act shall be
used to provide supervision and rehabilitative services for adult
felony offenders subject to probation, and shall be spent on
evidence-based community corrections practices and programs, as
defined in subdivision (d) of Section 1229, which may include, but
are not limited to, the following:
   (A) Implementing and expanding evidence-based risk and needs
assessments.
   (B) Implementing and expanding intermediate sanctions that
include, but are not limited to, electronic monitoring, mandatory
community service, home detention, day reporting, restorative justice
programs, work furlough programs, and incarceration in county jail
for up to 90 days.
   (C) Providing more intensive probation supervision.
   (D) Expanding the availability of evidence-based rehabilitation
programs including, but not limited to, drug and alcohol treatment,
mental health treatment, anger management, cognitive behavior
programs, and job training and employment services.
   (E) Evaluating the effectiveness of rehabilitation and supervision
programs and ensuring program fidelity.
   (4) The CPO shall have discretion to spend funds on any of the
above practices and programs consistent with this act but, at a
minimum, shall devote at least 5 percent of all funding received to
evaluate the effectiveness of those programs and practices
implemented with the funds provided pursuant to this chapter. A CPO
may petition the Administrative Office of the Courts to have this
restriction waived, and the Administrative Office of the Courts shall
have the authority to grant such a petition, if the CPO can
demonstrate that the department is already devoting sufficient funds
to the evaluation of these programs and practices.
   (5) Each probation department receiving funds under this chapter
shall maintain a complete and accurate accounting of all funds
received pursuant to this chapter.
  SEC. 33.  Section 1230.1 of the Penal Code is amended to read:
   1230.1.  (a) Each county local Community Corrections Partnership
established pursuant to subdivision (b) of Section 1230 shall
recommend a local plan to the county board of supervisors for the
implementation of the 2011 public safety realignment.
   (b) The plan shall be voted on by an executive committee of each
county's Community Corrections Partnership consisting of the chief
probation officer of the county as chair, a chief of police, the
sheriff, the District Attorney, the Public Defender, the presiding
judge of the superior court, or his or her designee, and one
department representative listed in either subparagraph (G), (H), or
(J) of paragraph (2) of subdivision (b) of Section 1230, as
designated by the county board of supervisors for purposes related to
the development and presentation of the plan.
   (c) The plan shall be deemed accepted by the county board of
supervisors unless the board rejects the plan by a vote of
four-fifths of the board, in which case the plan goes back to the
Community Corrections Partnership for further consideration.
   (d) Consistent with local needs and resources, the plan may
include recommendations to maximize the effective investment of
criminal justice resources in evidence-based correctional sanctions
and programs, including, but not limited to, day reporting centers,
drug courts, residential multiservice centers, mental health
treatment programs, electronic and GPS monitoring programs, victim
restitution programs, counseling programs, community service
programs, educational programs, and work training programs.
  SEC. 34.  Section 2057 of the Penal Code is amended to read:
   2057.  Counties are authorized to contract with the Department of
Corrections and Rehabilitation for the commitment to the department,
of persons who have suffered a felony conviction. An offender
sentenced to a county jail that serves his or her sentence in the
state prison pursuant to this section shall be required to comply
with the rules and regulations of the department consistent with
Division 3 of Title 15 of the California Code of Regulations.
  SEC. 35.  Section 2932 of the Penal Code, as amended by Section 467
of Chapter 15 of the Statutes of 2011, is amended to read:
   2932.  (a) (1) For any time credit accumulated pursuant to Section
2931, 2933, or 4019, not more than 360 days of credit may be denied
or lost for a single act of murder, attempted murder, solicitation of
murder, manslaughter, rape, sodomy, or oral copulation accomplished
against the victim's will, attempted rape, attempted sodomy, or
attempted oral copulation accomplished against the victim's will,
assault or battery causing serious bodily injury, assault with a
deadly weapon or caustic substance, taking of a hostage, escape with
force or violence, or possession or manufacture of a deadly weapon or
explosive device, whether or not prosecution is undertaken for
purposes of this paragraph. Solicitation of murder shall be proved by
the testimony of two witnesses, or of one witness and corroborating
circumstances.
   (2) Not more than 180 days of credit may be denied or lost for a
single act of misconduct, except as specified in paragraph (1), which
could be prosecuted as a felony whether or not prosecution is
undertaken.
   (3) Not more than 90 days of credit may be denied or lost for a
single act of misconduct which could be prosecuted as a misdemeanor,
whether or not prosecution is undertaken.
   (4) Not more than 30 days of credit may be denied or lost for a
single act of misconduct defined by regulation as a serious
disciplinary offense by the Department of Corrections and
Rehabilitation. Any person confined due to a change in custodial
classification following the commission of any serious disciplinary
infraction shall, in addition to any loss of time credits, be
ineligible to receive participation or worktime credit for a period
not to exceed the number of days of credit which have been lost for
the act of misconduct or 180 days, whichever is less. Any person
confined in a secure housing unit for having committed any misconduct
specified in paragraph (1) in which great bodily injury is inflicted
upon a nonprisoner shall, in addition to any loss of time credits,
be ineligible to receive participation or worktime credit for a
period not to exceed the number of days of credit which have been
lost for that act of misconduct. In unusual cases, an inmate may be
denied the opportunity to participate in a credit qualifying
assignment for up to six months beyond the period specified in this
subdivision if the Secretary of the Department of Corrections and
Rehabilitation, or for prisoners confined in local facilities as
specified in Section 4019, the sheriff or director of the county
correctional department, finds, after a hearing, that no credit
qualifying program may be assigned to the inmate without creating a
substantial risk of physical harm to staff or other inmates. At the
end of the six-month period and of successive six-month periods, the
denial of the opportunity to participate in a credit qualifying
assignment may be renewed upon a hearing and finding by the
secretary, or for prisoners confined in local facilities as specified
in Section 4019, the sheriff or director of the county correctional
department.
   (5) The prisoner may appeal the decision through the department's
review procedure, or in the case of prisoners confined in local
facilities as specified in Section 4019, through the sheriff's or
director of the county correctional department's review procedure,
which shall include a review by an individual independent of the
institution who has supervisorial authority over
                                the institution.
   (b) For any credit accumulated pursuant to Section 2931, not more
than 30 days of participation credit may be denied or lost for a
single failure or refusal to participate. Any act of misconduct
described by the Department of Corrections and Rehabilitation, or for
prisoners confined in local facilities as specified in Section 4019,
the sheriff or director of the county correctional department, as a
serious disciplinary infraction if committed while participating in
work, educational, vocational, therapeutic, or other prison activity
shall be deemed a failure to participate.
   (c) Any procedure not provided for by this section, but necessary
to carry out the purposes of this section, shall be those procedures
provided for by the Department of Corrections and Rehabilitation for
serious disciplinary infractions if those procedures are not in
conflict with this section, or in the case of prisoners confined in
local facilities as specified in Section 4019, by the sheriff or
director of the county correctional department.
   (1) (A) The Department of Corrections and Rehabilitation, or in
the case of prisoners confined in local facilities as specified in
Section 4019, the sheriff or director of the county correctional
department, shall, using reasonable diligence to investigate, provide
written notice to the prisoner. The written notice shall be given
within 15 days after the discovery of information leading to charges
that may result in a possible denial of credit, except that if the
prisoner has escaped, the notice shall be given within 15 days of the
prisoner's return to the custody of the Secretary of the Department
of Corrections and Rehabilitation, or in the case of prisoners
confined in local facilities as specified in Section 4019, the
sheriff or director of the county correctional department. The
written notice shall include the specific charge, the date, the time,
the place that the alleged misbehavior took place, the evidence
relied upon, a written explanation of the procedures that will be
employed at the proceedings and the prisoner's rights at the hearing.
The hearing shall be conducted by an individual who shall be
independent of the case and shall take place within 30 days of the
written notice.
   (B) The Secretary of the Department of Corrections and
Rehabilitation, or in the case of prisoners confined in local
facilities as specified in Section 4019, the sheriff or director of
the county correctional department, may delay written notice beyond
15 days when all of the following factors are true:
   (i) An act of misconduct is involved which could be prosecuted as
murder, attempted murder, or assault on a prison employee, whether or
not prosecution is undertaken.
   (ii) Further investigation is being undertaken for the purpose of
identifying other prisoners involved in the misconduct.
   (iii) Within 15 days after the discovery of information leading to
charges that may result in a possible denial of credit, the
investigating officer makes a written request to delay notifying that
prisoner and states the reasons for the delay.
   (iv) The warden of the institution, or for prisoners confined in
local facilities as specified in Section 4019, the sheriff or
director of the county correctional department, approves of the delay
in writing.
   (C) The period of delay under this paragraph shall not exceed 30
days. The prisoner's hearing shall take place within 30 days of the
written notice.
   (2) The prisoner may elect to be assigned an employee to assist in
the investigation, preparation, or presentation of a defense at the
disciplinary hearing if it is determined by the department, or for
prisoners confined in local facilities as specified in Section 4019,
the sheriff or director of the county correctional department, that:
(A) the prisoner is illiterate; or (B) the complexity of the issues
or the prisoner's confinement status makes it unlikely that the
prisoner can collect and present the evidence necessary for an
adequate comprehension of the case.
   (3) The prisoner may request witnesses to attend the hearing and
they shall be called unless the person conducting the hearing has
specific reasons to deny this request. The specific reasons shall be
set forth in writing and a copy of the document shall be presented to
the prisoner.
   (4) The prisoner has the right, under the direction of the person
conducting the hearing, to question all witnesses.
   (5) At the conclusion of the hearing the charge shall be dismissed
if the facts do not support the charge, or the prisoner may be found
guilty on the basis of a preponderance of the evidence.
   (d) If found guilty the prisoner shall be advised in writing of
the guilty finding and the specific evidence relied upon to reach
this conclusion and the amount of time-credit loss. The prisoner may
appeal the decision through the Department of Corrections and
Rehabilitation's review procedure, or in the case of prisoners
confined in local facilities as specified in Section 4019, the review
procedure established by the sheriff or the director of the county
correctional department, and may, upon final notification of appeal
denial, within 15 days of the notification demand review of the
denial of credit to the Board of Parole Hearings, or in the case of
prisoners confined in local facilities as specified in Section 4019,
through a procedure established by the sheriff or the director of the
county correctional department and the board or the local entity
acting for the county may affirm, reverse, or modify the decision or
grant a hearing before the board or the local entity at which hearing
the prisoner shall have the rights specified in Section 3041.5.
   (e) Each prisoner subject to Section 2931 shall be notified of the
total amount of good behavior and participation credit which may be
credited pursuant to Section 2931, and his or her anticipated
time-credit release date. The prisoner shall be notified of any
change in the anticipated release date due to denial or loss of
credits, award of worktime credit, under Section 2933, or the
restoration of any credits previously forfeited.
   (f) (1) If the conduct the prisoner is charged with also
constitutes a crime, the Department of Corrections and
Rehabilitation, or in the case of prisoners confined in local
facilities as specified in Section 4019, the sheriff or director of
the county correctional department, may refer the case to criminal
authorities for possible prosecution. The department, or in the case
of prisoners confined in local facilities as specified in Section
4019, the sheriff or director of the county correctional department,
shall notify the prisoner, who may request postponement of the
disciplinary proceedings pending the referral.
   (2) The prisoner may revoke his or her request for postponement of
the disciplinary proceedings up until the filing of the accusatory
pleading. In the event of the revocation of the request for
postponement of the proceeding, the department or the local entity
shall hold the hearing within 30 days of the revocation.
   (3) Notwithstanding the notification requirements in this
paragraph and subparagraphs (A) and (B) of paragraph (1) of
subdivision (c), in the event the case is referred to criminal
authorities for prosecution and the authority requests that the
prisoner not be notified so as to protect the confidentiality of its
investigation, no notice to the prisoner shall be required until an
accusatory pleading is filed with the court, or the authority
notifies the warden, in writing, that it will not prosecute or it
authorizes the notification of the prisoner. The notice exceptions
provided for in this paragraph shall only apply if the criminal
authority requests of the warden, in writing, and within the 15 days
provided in subparagraph (A) of paragraph (1) of subdivision (c),
that the prisoner not be notified. Any period of delay of notice to
the prisoner shall not exceed 30 days beyond the 15 days referred to
in subdivision (c). In the event that no prosecution is undertaken,
the procedures in subdivision (c) shall apply, and the time periods
set forth in that subdivision shall commence to run from the date the
warden is notified in writing of the decision not to prosecute. In
the event the authority either cancels its requests that the prisoner
not be notified before it makes a decision on prosecution or files
an accusatory pleading, the provisions of this paragraph shall apply
as if no request had been received, beginning from the date of the
cancellation or filing.
   (4) In the case where the prisoner is prosecuted by the district
attorney, the Department of Corrections and Rehabilitation, or in the
case of prisoners confined in local facilities as specified in
Section 4019, the sheriff or the director of the county department of
corrections, shall not deny time credit where the prisoner is found
not guilty and may deny credit if the prisoner is found guilty, in
which case the procedures in subdivision (c) shall not apply.
   (g) If time credit denial proceedings or criminal prosecution
prohibit the release of a prisoner who would have otherwise been
released, and the prisoner is found not guilty of the alleged
misconduct, the amount of time spent incarcerated, in excess of what
the period of incarceration would have been absent the alleged
misbehavior, shall be deducted from the prisoner's parole period.
   (h) Nothing in the amendments to this section made at the 1981-82
Regular Session of the Legislature shall affect the granting or
revocation of credits attributable to that portion of the prisoner's
sentence served prior to January 1, 1983.
  SEC. 36.  Section 3000 of the Penal Code, as amended by Section 468
of Chapter 15 of the Statutes of 2011, is amended to read:
   3000.  (a) (1) The Legislature finds and declares that the period
immediately following incarceration is critical to successful
reintegration of the offender into society and to positive
citizenship. It is in the interest of public safety for the state to
provide for the effective supervision of and surveillance of
parolees, including the judicious use of revocation actions, and to
provide educational, vocational, family and personal counseling
necessary to assist parolees in the transition between imprisonment
and discharge. A sentence resulting in imprisonment in the state
prison pursuant to Section 1168 or 1170 shall include a period of
parole supervision or postrelease community supervision, unless
waived, or as otherwise provided in this article.
   (2) The Legislature finds and declares that it is not the intent
of this section to diminish resources allocated to the Department of
Corrections and Rehabilitation for parole functions for which the
department is responsible. It is also not the intent of this section
to diminish the resources allocated to the Board of Parole Hearings
to execute its duties with respect to parole functions for which the
board is responsible.
   (3) The Legislature finds and declares that diligent effort must
be made to ensure that parolees are held accountable for their
criminal behavior, including, but not limited to, the satisfaction of
restitution fines and orders.
   (4) The parole period of any person found to be a sexually violent
predator shall be tolled until that person is found to no longer be
a sexually violent predator, at which time the period of parole, or
any remaining portion thereof, shall begin to run.
   (b) Notwithstanding any provision to the contrary in Article 3
(commencing with Section 3040) of this chapter, the following shall
apply to any inmate subject to Section 3000.08:
   (1) In the case of any inmate sentenced under Section 1168, the
period of parole shall not exceed five years in the case of an inmate
imprisoned for any offense other than first or second degree murder
for which the inmate has received a life sentence, and shall not
exceed three years in the case of any other inmate, unless in either
case the parole authority for good cause waives parole and discharges
the inmate from custody of the department. This subdivision shall
also be applicable to inmates who committed crimes prior to July 1,
1977, to the extent specified in Section 1170.2.
   (2) At the expiration of a term of imprisonment of one year and
one day, or a term of imprisonment imposed pursuant to Section 1170
or at the expiration of a term reduced pursuant to Section 2931 or
2933, if applicable, the inmate shall be released on parole for a
period not exceeding three years, except that any inmate sentenced
for an offense specified in paragraph (3), (4), (5), (6), (11), or
(18) of subdivision (c) of Section 667.5 shall be released on parole
for a period not exceeding 10 years, unless a longer period of parole
is specified in Section 3000.1.
   (3) Notwithstanding paragraphs (1) and (2), in the case of any
offense for which the inmate has received a life sentence pursuant to
subdivision (b) of Section 209, with the intent to commit a
specified sex offense, or Section 667.51, 667.61, or 667.71, the
period of parole shall be 10 years, unless a longer period of parole
is specified in Section 3000.1.
   (4) (A) Notwithstanding paragraphs (1) to (3), inclusive, in the
case of a person convicted of and required to register as a sex
offender for the commission of an offense specified in Section 261,
262, 264.1, 286, 288a, paragraph (1) of subdivision (b) of Section
288, Section 288.5, or 289, in which one or more of the victims of
the offense was a child under 14 years of age, the period of parole
shall be 20 years and six months unless the board, for good cause,
determines that the person will be retained on parole. The board
shall make a written record of this determination and transmit a copy
of it to the parolee.
   (B) In the event of a retention on parole, the parolee shall be
entitled to a review by the board each year thereafter.
   (C) There shall be a board hearing consistent with the procedures
set forth in Sections 3041.5 and 3041.7 within 12 months of the date
of any order returning the parolee to custody to consider the release
of the inmate on parole, and notwithstanding the provisions of
paragraph (2) of subdivision (b) of Section 3041.5, there shall be
annual parole consideration hearings thereafter, unless the person is
released or otherwise ineligible for parole release. The panel or
board shall release the person within one year of the date of the
revocation unless it determines that the circumstances and gravity of
the parole violation are such that consideration of the public
safety requires a more lengthy period of incarceration or unless
there is a new prison commitment following a conviction.
   (D) The provisions of Section 3042 shall not apply to any hearing
held pursuant to this subdivision.
   (5) The parole authority shall consider the request of any inmate
regarding the length of his or her parole and the conditions thereof.

   (6) Upon successful completion of parole, or at the end of the
maximum statutory period of parole specified for the inmate under
paragraph (1), (2), (3), or (4), as the case may be, whichever is
earlier, the inmate shall be discharged from custody. The date of the
maximum statutory period of parole under this subdivision and
paragraphs (1), (2), (3), and (4) shall be computed from the date of
initial parole and shall be a period chronologically determined. Time
during which parole is suspended because the prisoner has absconded
or has been returned to custody as a parole violator shall not be
credited toward any period of parole unless the prisoner is found not
guilty of the parole violation. However, the period of parole is
subject to the following:
   (A) Except as provided in Section 3064, in no case may a prisoner
subject to three years on parole be retained under parole supervision
or in custody for a period longer than four years from the date of
his or her initial parole.
   (B) Except as provided in Section 3064, in no case may a prisoner
subject to five years on parole be retained under parole supervision
or in custody for a period longer than seven years from the date of
his or her initial parole.
   (C) Except as provided in Section 3064, in no case may a prisoner
subject to 10 years on parole be retained under parole supervision or
in custody for a period longer than 15 years from the date of his or
her initial parole.
   (7) The Department of Corrections and Rehabilitation shall meet
with each inmate at least 30 days prior to his or her good time
release date and shall provide, under guidelines specified by the
parole authority or the department, whichever is applicable, the
conditions of parole and the length of parole up to the maximum
period of time provided by law. The inmate has the right to
reconsideration of the length of parole and conditions thereof by the
department or the parole authority, whichever is applicable. The
Department of Corrections and Rehabilitation or the board may impose
as a condition of parole that a prisoner make payments on the
prisoner's outstanding restitution fines or orders imposed pursuant
to subdivision (a) or (c) of Section 13967 of the Government Code, as
operative prior to September 28, 1994, or subdivision (b) or (f) of
Section 1202.4.
   (8) For purposes of this chapter, the board shall be considered
the parole authority.
   (9) The sole authority to issue warrants for the return to actual
custody of any state prisoner released on parole rests with the
board, except for any escaped state prisoner or any state prisoner
released prior to his or her scheduled release date who should be
returned to custody, and Section 3060 shall apply.
   (10) It is the intent of the Legislature that efforts be made with
respect to persons who are subject to Section 290.011 who are on
parole to engage them in treatment.
  SEC. 37.  Section 3000.08 of the Penal Code is amended to read:
   3000.08.  (a) Persons released from state prison on or after
October 1, 2011, after serving a prison term or, whose sentence has
been deemed served pursuant to Section 2900.5, for any of the
following crimes shall be subject to the jurisdiction of and parole
supervision by the Department of Corrections and Rehabilitation:
   (1) A serious felony as described in subdivision (c) of Section
1192.7.
   (2) A violent felony as described in subdivision (c) of Section
667.5.
   (3) A crime for which the person was sentenced pursuant to
paragraph (2) of subdivision (e) of Section 667 or paragraph (2) of
subdivision (c) of Section 1170.12.
   (4) Any crime where the person eligible for release from prison is
classified as a High Risk Sex Offender.
   (5) Any crime where the person is required, as a condition of
parole, to undergo treatment by the Department of Mental Health
pursuant to Section 2962.
   (b) Notwithstanding any other provision of law, all other
offenders released from prison shall be placed on postrelease
supervision pursuant to Title 2.05 (commencing with Section 3450).
   (c) This section shall operative only until July 1, 2013, and as
of January 1, 2014 is repealed, unless a later enacted statute, that
is enacted before January 1, 2014, deletes or extends that date.
  SEC. 38.  Section 3000.08 is added to the Penal Code, to read:
   3000.08.  (a) Persons released from state prison on or after July
1, 2013, after serving a prison term or, whose sentence has been
deemed served pursuant to Section 2900.5, for any of the following
crimes shall be subject to parole supervision by the Department of
Corrections and Rehabilitation and the jurisdiction of the court in
the county where the parolee is released or resides for the purpose
of hearing petitions to revoke parole and impose a term of custody:
   (1) A serious felony as described in subdivision (c) of Section
1192.7.
   (2) A violent felony as described in subdivision (c) of Section
667.5.
   (3) A crime for which the person was sentenced pursuant to
paragraph (2) of subdivision (e) of Section 667 or paragraph (2) of
subdivision (c) of Section 1170.12.
   (4) Any crime where the person eligible for release from prison is
classified as a High Risk Sex Offender.
   (5) Any crime where the person is required, as a condition of
parole, to undergo treatment by the Department of Mental Health
pursuant to Section 2962.
   (b) Notwithstanding any other provision of law, all other
offenders released from prison shall be placed on postrelease
supervision pursuant to Title 2.05 (commencing with Section 3450).
   (c) At any time during the period of parole of a person subject to
this section, if any parole agent or peace officer has probable
cause to believe that the parolee is violating any term or condition
of his or her parole, the agent or officer may, without warrant or
other process and at any time until the final disposition of the
case, arrest the person and bring him or her before the parole
authority, or the parole authority may, in its discretion, issue a
warrant for that person's arrest.
   (d) Upon review of the alleged violation and a finding of good
cause that the parolee has committed a violation of law or violated
his or her conditions of parole, the parole authority may impose
additional and appropriate conditions of supervision, including
rehabilitation and treatment services and appropriate incentives for
compliance, and impose immediate, structured, and intermediate
sanctions for parole violations, including flash incarceration in a
county jail. Periods of "flash incarceration," as defined in
subdivision (e) are encouraged as one method of punishment for
violations of a parolee's conditions of parole. Nothing in this
section is intended to preclude referrals to a reentry court pursuant
to Section 3015.
   (e) "Flash incarceration" is a period of detention in county jail
due to a violation of a parolee's conditions of parole. The length of
the detention period can range between one and 10 consecutive days.
Shorter, but if necessary more frequent, periods of detention for
violations of a parolee's conditions of parole shall appropriately
punish a parolee while preventing the disruption in a work or home
establishment that typically arises from longer periods of detention.

   (f) If the supervising parole agency has determined, following
application of its assessment processes, that intermediate sanctions
up to and including flash incarceration are not appropriate, the
supervising agency shall petition the revocation hearing officer
appointed pursuant to Section 71622.5 of the Government Code in the
county in which the parolee is being supervised to revoke parole. At
any point during the process initiated pursuant to this section, a
parolee may waive, in writing, his or her right to counsel, admit the
parole violation, waive a court hearing, and accept the proposed
parole modification. The petition shall include a written report that
contains additional information regarding the petition, including
the relevant terms and conditions of parole, the circumstances of the
alleged underlying violation, the history and background of the
parolee, and any recommendations. The Judicial Council shall adopt
forms and rules of court to establish uniform statewide procedures to
implement this subdivision, including the minimum contents of
supervision agency reports. Upon a finding that the person has
violated the conditions of parole, the revocation hearing officer
shall have authority to do any of the following:
   (1) Return the person to parole supervision with modifications of
conditions, if appropriate, including a period of incarceration in
county jail.
   (2) Revoke parole and order the person to confinement in the
county jail.
   (3) Refer the person to a reentry court pursuant to Section 3015
or other evidence-based program in the court's discretion.
   (g) Confinement pursuant to paragraphs (1) and (2) of subdivision
(f) shall not exceed a period of 180 days in the county jail.
   (h) Notwithstanding any other provision of law, in any case where
Section 3000.1 applies to a person who is on parole and there is good
cause to believe that the person has committed a violation of law or
violated his or her conditions of parole, and there is imposed a
period of imprisonment of longer than 30 days, that person shall be
remanded to the custody of the Department of Corrections and
Rehabilitation and the jurisdiction of the Board of Parole Hearings
for the purpose of future parole consideration.
   (i) This section shall become operative on July 1, 2013.
  SEC. 39.  Section 3000.09 of the Penal Code, as added by Section
470 of Chapter 15 of the Statutes of 2011, is amended to read:
   3000.09.  (a) Notwithstanding any other law, any parolee who was
paroled from state prison prior to October 1, 2011, shall be subject
to this section.
   (b) Parolees subject to this section shall remain under
supervision by the Department of Corrections and Rehabilitation until
one of the following occurs:
   (1) Jurisdiction over the person is terminated by operation of
law.
   (2) The supervising agent recommends to the parole authority that
the offender be discharged and the parole authority approves the
discharge.
   (3) The offender, except an offender who if released from prison
after October 1, 2011, would be subject to parole based on the
criteria identified in subdivision (a) of Section 3000.08, completes
six consecutive months of parole without violating their conditions,
at which time the supervising agent shall review and make a
recommendation on whether to discharge the offender to the parole
authority and the parole authority approves the discharge.
   (c) Parolees subject to this section who are being held for a
parole violation in county jail on October 1, 2011, shall be subject
to the jurisdiction of the Board of Parole Hearings and may, upon
revocation, be remanded to the state prison. Upon completion of a
revocation term, the parolee shall either remain under parole
supervision of the department pursuant to Section 3000.08 or shall be
placed on postrelease community supervision pursuant to Title 2.05
(commencing with Section 3450).
   (d) Any parolee who was paroled prior to October 1, 2011, who
commits a violation of parole shall be subject to parole revocation
procedures in accordance with the procedures established under
subdivision (f) of Section 3000.08.
   (e) This section shall remain in effect until October 1, 2014, and
on that date and thereafter any person, who is not on parole for a
crime or with a classification described in subdivision (d), shall be
discharged from parole.
  SEC. 40.  Section 3000.1 of the Penal Code, as amended by Section
471 of Chapter 15 of the Statutes of 2011, is amended to read:
                                                             3000.1.
(a) (1) In the case of any inmate sentenced under Section 1168 for
any offense of first or second degree murder with a maximum term of
life imprisonment, the period of parole, if parole is granted, shall
be the remainder of the inmate's life.
   (2) Notwithstanding any other provision of law, in the case of any
inmate sentenced to a life term under subdivision (b) of Section
209, if that offense was committed with the intent to commit a
specified sexual offense, Sections 269 and 288.7, subdivision (c) of
Section 667.51, Section 667.71 in which one or more of the victims of
the offense was a child under 14 years of age, or subdivision (j),
(l), or (m) of Section 667.61, the period of parole, if parole is
granted, shall be the remainder of the inmate's life.
   (b) Notwithstanding any other provision of law, when any person
referred to in paragraph (1) of subdivision (a) has been released on
parole from the state prison, and has been on parole continuously for
seven years in the case of any person imprisoned for first degree
murder, and five years in the case of any person imprisoned for
second degree murder, since release from confinement, the board
shall, within 30 days, discharge that person from parole, unless the
board, for good cause, determines that the person will be retained on
parole. The board shall make a written record of its determination
and transmit a copy of it to the parolee.
   (c) In the event of a retention on parole pursuant to subdivision
(b), the parolee shall be entitled to a review by the board each year
thereafter.
   (d) There shall be a hearing as provided in Sections 3041.5 and
3041.7 within 12 months of the date of any revocation of parole
pursuant to subdivision (d) of Section 3000.08 to consider the
release of the inmate on parole and, notwithstanding the provisions
of paragraph (2) of subdivision (b) of Section 3041.5, there shall be
annual parole consideration hearings thereafter, unless the person
is released or otherwise ineligible for parole release. The panel or
board shall release the person within one year of the date of the
revocation unless it determines that the circumstances and gravity of
the parole violation are such that consideration of the public
safety requires a more lengthy period of incarceration or unless
there is a new prison commitment following a conviction.
   (e)  The provisions of Section 3042 shall not apply to any hearing
held pursuant to this section.
  SEC. 41.  Section 3001 of the Penal Code, as amended by Section 472
of Chapter 15 of the Statutes of 2011, is amended to read:
   3001.  (a) Notwithstanding any other provision of law, when any
person referred to in paragraph (1) of subdivision (b) of Section
3000 who was not imprisoned for committing a violent felony, as
defined in subdivision (c) of Section 667.5, has been released on
parole from the state prison, and has been on parole continuously for
six months since release from confinement, within 30 days, that
person shall be discharged from parole, unless the Department of
Corrections and Rehabilitation recommends to the Board of Parole
Hearings that the person be retained on parole and the board, for
good cause, determines that the person will be retained.
Notwithstanding any other provision of law, when any person referred
to in paragraph (1) of subdivision (b) of Section 3000 who was
imprisoned for committing a violent felony, as defined in subdivision
(c) of Section 667.5, has been released on parole from the state
prison for a period not exceeding three years and has been on parole
continuously for two years since release from confinement, or has
been released on parole from the state prison for a period not
exceeding five years and has been on parole continuously for three
years since release from confinement, the department shall discharge,
within 30 days, that person from parole, unless the department
recommends to the board that the person be retained on parole and the
board, for good cause, determines that the person will be retained.
The board shall make a written record of its determination and the
department shall transmit a copy thereof to the parolee.
   (b) Notwithstanding any other provision of law, when any person
referred to in paragraph (2) of subdivision (b) of Section 3000 has
been released on parole from the state prison, and has been on parole
continuously for three years since release from confinement, the
board shall discharge, within 30 days, the person from parole, unless
the board, for good cause, determines that the person will be
retained on parole. The board shall make a written record of its
determination and the department shall transmit a copy of that
determination to the parolee.
   (c) Notwithstanding any other provision of law, when any person
referred to in paragraph (3) of subdivision (b) of Section 3000 has
been released on parole from the state prison, and has been on parole
continuously for six years and six months since release from
confinement, the board shall discharge, within 30 days, the person
from parole, unless the board, for good cause, determines that the
person will be retained on parole. The board shall make a written
record of its determination and the department shall transmit a copy
thereof to the parolee.
   (d) In the event of a retention on parole, the parolee shall be
entitled to a review by the parole authority each year thereafter
until the maximum statutory period of parole has expired.
   (e) The amendments to this section made during the 1987-88 Regular
Session of the Legislature shall only be applied prospectively and
shall not extend the parole period for any person whose eligibility
for discharge from parole was fixed as of the effective date of those
amendments.
  SEC. 42.  Section 3003 of the Penal Code, as amended by Section 473
of Chapter 15 of the Statutes of 2011, is amended to read:
   3003.  (a) Except as otherwise provided in this section, an inmate
who is released on parole or postrelease supervision as provided by
Title 2.05 (commencing with Section 3450) shall be returned to the
county that was the last legal residence of the inmate prior to his
or her incarceration. For purposes of this subdivision, "last legal
residence" shall not be construed to mean the county wherein the
inmate committed an offense while confined in a state prison or local
jail facility or while confined for treatment in a state hospital.
   (b) Notwithstanding subdivision (a), an inmate may be returned to
another county if that would be in the best interests of the public.
If the Board of Parole Hearings setting the conditions of parole for
inmates sentenced pursuant to subdivision (b) of Section 1168, as
determined by the parole consideration panel, or the Department of
Corrections and Rehabilitation setting the conditions of parole for
inmates sentenced pursuant to Section 1170, decides on a return to
another county, it shall place its reasons in writing in the parolee'
s permanent record and include these reasons in the notice to the
sheriff or chief of police pursuant to Section 3058.6. In making its
decision, the paroling authority shall consider, among others, the
following factors, giving the greatest weight to the protection of
the victim and the safety of the community:
   (1) The need to protect the life or safety of a victim, the
parolee, a witness, or any other person.
   (2) Public concern that would reduce the chance that the inmate's
parole would be successfully completed.
   (3) The verified existence of a work offer, or an educational or
vocational training program.
   (4) The existence of family in another county with whom the inmate
has maintained strong ties and whose support would increase the
chance that the inmate's parole would be successfully completed.
   (5) The lack of necessary outpatient treatment programs for
parolees receiving treatment pursuant to Section 2960.
   (c) The Department of Corrections and Rehabilitation, in
determining an out-of-county commitment, shall give priority to the
safety of the community and any witnesses and victims.
   (d) In making its decision about an inmate who participated in a
joint venture program pursuant to Article 1.5 (commencing with
Section 2717.1) of Chapter 5, the paroling authority shall give
serious consideration to releasing him or her to the county where the
joint venture program employer is located if that employer states to
the paroling authority that he or she intends to employ the inmate
upon release.
   (e) (1) The following information, if available, shall be released
by the Department of Corrections and Rehabilitation to local law
enforcement agencies regarding a paroled inmate or inmate placed on
postrelease supervision pursuant to Title 2.05 (commencing with
Section 3450) who is released in their jurisdictions:
   (A) Last, first, and middle name.
   (B) Birth date.
   (C) Sex, race, height, weight, and hair and eye color.
   (D) Date of parole and discharge.
   (E) Registration status, if the inmate is required to register as
a result of a controlled substance, sex, or arson offense.
   (F) California Criminal Information Number, FBI number, social
security number, and driver's license number.
   (G) County of commitment.
   (H) A description of scars, marks, and tattoos on the inmate.
   (I) Offense or offenses for which the inmate was convicted that
resulted in parole in this instance.
   (J) Address, including all of the following information:
   (i) Street name and number. Post office box numbers are not
acceptable for purposes of this subparagraph.
   (ii) City and ZIP Code.
   (iii) Date that the address provided pursuant to this subparagraph
was proposed to be effective.
   (K) Contact officer and unit, including all of the following
information:
   (i) Name and telephone number of each contact officer.
   (ii) Contact unit type of each contact officer such as units
responsible for parole, registration, or county probation.
   (L) A digitized image of the photograph and at least a single
digit fingerprint of the parolee.
   (M) A geographic coordinate for the parolee's residence location
for use with a Geographical Information System (GIS) or comparable
computer program.
   (2) The information required by this subdivision shall come from
the statewide parolee database. The information obtained from each
source shall be based on the same timeframe.
   (3) All of the information required by this subdivision shall be
provided utilizing a computer-to-computer transfer in a format usable
by a desktop computer system. The transfer of this information shall
be continually available to local law enforcement agencies upon
request.
   (4) The unauthorized release or receipt of the information
described in this subdivision is a violation of Section 11143.
   (f) Notwithstanding any other provision of law, an inmate who is
released on parole shall not be returned to a location within 35
miles of the actual residence of a victim of, or a witness to, a
violent felony as defined in paragraphs (1) to (7), inclusive, and
paragraph (16) of subdivision (c) of Section 667.5 or a felony in
which the defendant inflicts great bodily injury on any person other
than an accomplice that has been charged and proved as provided for
in Section 12022.53, 12022.7, or 12022.9, if the victim or witness
has requested additional distance in the placement of the inmate on
parole, and if the Board of Parole Hearings or the Department of
Corrections and Rehabilitation finds that there is a need to protect
the life, safety, or well-being of a victim or witness.
   (g) Notwithstanding any other law, an inmate who is released on
parole for a violation of Section 288 or 288.5 whom the Department of
Corrections and Rehabilitation determines poses a high risk to the
public shall not be placed or reside, for the duration of his or her
parole, within one-half mile of any public or private school
including any or all of kindergarten and grades 1 to 12, inclusive.
   (h) Notwithstanding any other law, an inmate who is released on
parole for an offense involving stalking shall not be returned to a
location within 35 miles of the victim's actual residence or place of
employment if the victim or witness has requested additional
distance in the placement of the inmate on parole, and if the Board
of Parole Hearings or the Department of Corrections and
Rehabilitation finds that there is a need to protect the life,
safety, or well-being of the victim.
   (i) The authority shall give consideration to the equitable
distribution of parolees and the proportion of out-of-county
commitments from a county compared to the number of commitments from
that county when making parole decisions.
   (j) An inmate may be paroled to another state pursuant to any
other law. The Department of Corrections and Rehabilitation shall
coordinate with local entities regarding the placement of inmates
placed out of state on postrelease supervision pursuant to Title 2.05
(commencing with Section 3450).
   (k) (1) Except as provided in paragraph (2), the Department of
Corrections and Rehabilitation shall be the agency primarily
responsible for, and shall have control over, the program, resources,
and staff implementing the Law Enforcement Automated Data System
(LEADS) in conformance with subdivision (e). County agencies
supervising inmates released to postrelease supervision pursuant to
Title 2.05 (commencing with Section 3450) shall provide any
information requested by the department to ensure the availability of
accurate information regarding inmates released from state prison.
This information may include the issuance of warrants, revocations,
or the termination of postrelease supervision. On or before August 1,
2011, county agencies designated to supervise inmates released to
postrelease supervision shall notify the department that the county
agencies have been designated as the local entity responsible for
providing that supervision.
   (2) Notwithstanding paragraph (1), the Department of Justice shall
be the agency primarily responsible for the proper release of
information under LEADS that relates to fingerprint cards.
  SEC. 43.  Section 3015 of the Penal Code is amended to read:
   3015.  (a) The Secretary of the Department of Corrections and
Rehabilitation shall establish a parole reentry accountability
program for parolees who have been sentenced to a term of
imprisonment under Section 1170. The purpose of the program is to
promote public safety, hold parolees accountable, and reduce
recidivism.
   (b) The department shall employ a parole violation decisionmaking
instrument to determine the most appropriate sanctions for these
parolees who violate their conditions of parole.
   (1) For purposes of this subdivision, a "parole violation
decisionmaking instrument" means a standardized tool that provides
ranges of appropriate sanctions for parole violators given relevant
case factors, including, but not limited to, offense history, risk of
reoffense based on a validated risk assessment tool, need for
treatment services, the number and type of current and prior parole
violations, and other relevant statutory requirements.
   (2) The department shall adopt emergency regulations to implement
this section initially, and shall subsequently adopt permanent
regulations that make appropriate changes in policies and procedures
to reflect the intent of this section.
   (c) The secretary shall have the discretion to establish
additional tools and standards to further the purposes of this
section.
   (d) Parolees who have been sentenced to a term of imprisonment
under Section 1170 and offenders subject to postrelease supervision
as established in the Postrelease Community Supervision Act of 2011
with a history of substance abuse or mental illness who violate their
conditions of parole or postrelease supervision are eligible to
participate in a reentry court program established pursuant to
subdivision (e).
   (1) A parolee or offender subject to postrelease supervision who
is deemed eligible by the department or local supervising agency to
participate in a reentry court program may be referred by his or her
parole officer, local supervising agent, or a revocation hearing
officer for participation in the program. The reentry court shall
have the discretion to determine if the parolee or offender subject
to postrelease supervision will be admitted into the program and, in
making this determination, shall consider, among other factors,
whether the offender will benefit from the program, the risk the
offender poses to the community, and the history and nature of the
committing offense.
   (2) If the reentry court determines that the parolee or offender
subject to postrelease supervision will be admitted into the program,
the court, with the assistance of the participant's parole or local
supervising agent, shall have exclusive authority to determine the
appropriate conditions of parole or postrelease supervision, order
rehabilitation and treatment services to be provided, determine
appropriate incentives, order appropriate sanctions, lift parole
holds, and hear and determine appropriate responses to alleged
violations, unless and until the court terminates the participant's
enrollment in the program authorized by subdivision (e).
   (3) A reentry court program plan shall include, but not be limited
to, all of the following:
   (A) The anticipated number of parolees and offenders subject to
postrelease supervision who will be served by the program.
   (B) The method by which each parolee or offender subject to
postrelease supervision who is eligible for the program shall be
referred to the program.
   (C) The method by which each parolee or offender subject to
postrelease supervision is to be individually assessed as to his or
her treatment and rehabilitative needs and the level of community and
reentry court monitoring required by the program.
   (D) The criteria for continued participation in, and successful
completion of, the program, as well as the criteria for termination
from the program and referral to the revocation process pursuant to
Section 3000.08 for parolees and Section 3454 for offenders subject
to postrelease supervision.
   (E) A description of how the program shall be administered
effectively.
   (F) An established method by which to report outcome measures for
program participants.
   (G) The development of a program team, as well as a plan for
ongoing training in utilizing the drug court and collaborative court
nonadversarial model.
   (e) (1) Subject to funding made available for this purpose, the
secretary shall enter into a memorandum of understanding with the
Administrative Office of the Courts for the purpose of the
establishment and operation of reentry court programs. Only courts
with existing drug and mental health courts or courts that otherwise
demonstrate leadership and a commitment to conduct the reentry court
authorized by this section may participate in this program. These
reentry court programs shall, with the assistance of the participant'
s parole or postrelease supervision agent, direct the treatment and
supervision of participants who would benefit from community drug
treatment or mental health treatment. The purpose of reentry court
programs created pursuant to this subdivision is to promote public
safety, hold offenders accountable, and reduce recidivism. The
program shall include key components of drug and collaborative courts
using a highly structured model, including close supervision and
monitoring, dedicated calendars, nonadversarial proceedings, frequent
drug and alcohol testing, and close collaboration between the
respective entities involved to improve the participant's likelihood
of success on parole or postrelease supervision.
   (2) The Judicial Council, in collaboration with the department,
shall design and perform an evaluation of the program that will
assess its effectiveness in reducing recidivism among parolees and
offenders subject to postrelease supervision and reducing
revocations.
   (3) The Judicial Council, in collaboration with the department,
shall submit a final report of the findings from its evaluation of
the program to the Legislature and the Governor no later than 3 years
after the establishment of a reentry court pursuant to this section.

  SEC. 44.  Section 3056 of the Penal Code, as amended by Section 474
of Chapter 15 of the Statutes of 2011, is amended to read:
   3056.  (a) Prisoners on parole shall remain under the supervision
of the department but shall not be returned to prison except as
provided in subdivision (b). Except as provided by subdivision (c) of
Section 3000.09, upon revocation of parole, a parolee may be housed
in a county jail for a maximum of 180 days. When housed in county
facilities, parolees shall be under the legal custody and
jurisdiction of local county facilities. When released from custody,
parolees shall be returned to the parole supervision of the
department for the duration of parole.
   (b) Inmates paroled pursuant to Section 3000.1 may be returned to
prison following the revocation of parole by the Board of Parole
Hearings until July 1, 2013, and thereafter by a court pursuant to
Section 3000.08.
  SEC. 45.  Section 3057 of the Penal Code, as amended by Section 476
of Chapter 15 of the Statutes of 2011, is amended to read:
   3057.  (a) Confinement pursuant to a revocation of parole in the
absence of a new conviction and commitment to prison under other
provisions of law, shall not exceed 12 months, except as provided in
subdivision (c).
   (b) Upon completion of confinement pursuant to parole revocation
without a new commitment to prison, the inmate shall be released on
parole for a period which shall not extend beyond that portion of the
maximum statutory period of parole specified by Section 3000 which
was unexpired at the time of each revocation.
   (c) Notwithstanding the limitations in subdivision (a) and in
Section 3060.5 upon confinement pursuant to a parole revocation, the
parole authority may extend the confinement pursuant to parole
revocation for a maximum of an additional 12 months for subsequent
acts of misconduct committed by the parolee while confined pursuant
to that parole revocation. Upon a finding of good cause to believe
that a parolee has committed a subsequent act of misconduct and
utilizing procedures governing parole revocation proceedings, the
parole authority may extend the period of confinement pursuant to
parole revocation as follows: (1) not more than 180 days for an act
punishable as a felony, whether or not prosecution is undertaken, (2)
not more than 90 days for an act punishable as a misdemeanor,
whether or not prosecution is undertaken, and (3) not more than 30
days for an act defined as a serious disciplinary offense pursuant to
subdivision (a) of Section 2932.
   (d) (1) Except for parolees specified in paragraph (2), any
revocation period imposed under subdivision (a) may be reduced in the
same manner and to the same extent as a term of imprisonment may be
reduced by worktime credits under Section 2933. Worktime credit must
be earned and may be forfeited pursuant to the provisions of Section
2932.
   Worktime credit forfeited shall not be restored.
   (2) The following parolees shall not be eligible for credit under
this subdivision:
   (A) Parolees who are sentenced under Section 1168 with a maximum
term of life imprisonment.
   (B) Parolees who violated a condition of parole relating to
association with specified persons, entering prohibited areas,
attendance at parole outpatient clinics, or psychiatric attention.
   (C) Parolees who were revoked for conduct described in, or that
could be prosecuted under any of the following sections, whether or
not prosecution is undertaken: Section 189, Section 191.5,
subdivision (a) of Section 192, subdivision (a) of Section 192.5,
Section 203, 207, 211, 215, 217.1, or 220, subdivision (b) of Section
241, Section 244, paragraph (1) or (2) of subdivision (a) of Section
245, paragraph (2) or (6) of subdivision (a) of Section 261,
paragraph (1) or (4) of subdivision (a) of Section 262, Section
264.1, subdivision (c) or (d) of Section 286, Section 288,
subdivision (c) or (d) of Section 288a, subdivision (a) of Section
289, 347, or 404, subdivision (a) of Section 451, Section 12022,
12022.5, 12022.53, 12022.7, 12022.8, or 25400, Chapter 2 (commencing
with Section 29800) of Division 9 of Title 4 of Part 6, any provision
listed in Section 16590, or Section 664 for any attempt to engage in
conduct described in or that could be prosecuted under any of the
above-mentioned sections.
   (D) Parolees who were revoked for any reason if they had been
granted parole after conviction of any of the offenses specified in
subparagraph (C).
   (E) Parolees who the parole authority finds at a revocation
hearing to be unsuitable for reduction of the period of confinement
because of the circumstances and gravity of the parole violation, or
because of prior criminal history.
   (e) Commencing October 1, 2011, this section shall only apply to
inmates sentenced to a term of life imprisonment.
  SEC. 46.  Section 3060 is added to the Penal Code, to read:
   3060.  (a) The parole authority shall have full power to suspend
or revoke any parole. The written order of the parole authority shall
be a sufficient warrant for any peace or prison officer to return to
actual custody any conditionally released or paroled prisoner.
   (b) This section shall remain in effect only until July 1, 2013,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2013, deletes or extends that date.
  SEC. 46.5.  Section 3073.1 is added to the Penal Code, to read:
   3073.1.  Counties are hereby authorized to contract with the
Department of Corrections and Rehabilitation in order to obtain day
treatment and crisis care services for inmates with mental health
problems who are released on postrelease community supervision with
mental health problems.
  SEC. 47.  Section 3451 of the Penal Code is amended to read:
   3451.  (a) Notwithstanding any other law and except for persons
serving a prison term for any crime described in subdivision (b), all
persons released from prison on and after October 1, 2011, or, whose
sentence has been deemed served pursuant to Section 2900.5 after
serving a prison term for a felony shall, upon release from prison
and for a period not exceeding three years immediately following
release, be subject to community supervision provided by a county
agency designated by each county's board of supervisors which is
consistent with evidence-based practices, including, but not limited
to, supervision policies, procedures, programs, and practices
demonstrated by scientific research to reduce recidivism among
individuals                                           under
postrelease supervision.
   (b) This section shall not apply to any person released from
prison after having served a prison term for any of the following:
   (1) A serious felony described in subdivision (c) of Section
1192.7.
   (2) A violent felony described in subdivision (c) of Section
667.5.
   (3) A crime for which the person was sentenced pursuant to
paragraph (2) of subdivision (e) of Section 667 or paragraph (2) of
subdivision (c) of Section 1170.12.
   (4) Any crime where the person eligible for release from prison is
classified as a High Risk Sex Offender.
   (5) Any crime where the person is required, as a condition of
parole, to undergo treatment by the State Department of Mental Health
pursuant to Section 2962.
   (c) (1) Postrelease supervision under this title shall be
implemented by a county agency according to a postrelease strategy
designated by each county's board of supervisors.
   (2) The Department of Corrections and Rehabilitation shall inform
every prisoner subject to the provisions of this title, upon release
from state prison, of the requirements of this title and of his or
her responsibility to report to the county agency responsible for
serving that inmate. The department shall also inform persons serving
a term of parole for a felony offense who are subject to this
section of the requirements of this title and of his or her
responsibility to report to the county agency responsible for serving
that parolee. Thirty days prior to the release of any person subject
to postrelease supervision by a county, the department shall notify
the county of all information that would otherwise be required for
parolees under subdivision (e) of Section 3003.
  SEC. 48.  Section 3453 of the Penal Code is amended to read:
   3453.  A postrelease community supervision agreement shall include
the following conditions:
   (a) The person shall sign and agree to the conditions of release.
   (b) The person shall obey all laws.
   (c) The person shall report to the supervising county agency
within two working days of release from custody.
   (d) The person shall follow the directives and instructions of the
supervising county agency.
   (e) The person shall report to the supervising county agency as
directed by that agency.
   (f) The person, and his or her residence and possessions, shall be
subject to search at any time of the day or night, with or without a
warrant, by an agent of the supervising county agency or by a peace
officer.
   (g) The person shall waive extradition if found outside the state.

   (h) The person shall inform the supervising county agency of the
person's place of residence, employment, education, or training.
   (i) (1) The person shall inform the supervising county agency of
any pending or anticipated changes in residence, employment,
education, or training.
   (2) If the person enters into new employment, he or she shall
inform the supervising county agency of the new employment within
three business days of that entry.
   (j) The person shall immediately inform the supervising county
agency if he or she is arrested or receives a citation.
   (k) The person shall obtain the permission of the supervising
county agency to travel more than 50 miles from the person's place of
residence.
   (l) The person shall obtain a travel pass from the supervising
county agency before he or she may leave the county or state for more
than two days.
   (m) The person shall not be in the presence of a firearm or
ammunition, or any item that appears to be a firearm or ammunition.
   (n) The person shall not possess, use, or have access to any
weapon listed in Section 12020, 16140, subdivision (c) of Section
16170, Section 16220, 16260, 16320, 16330, or 16340, subdivision (b)
of Section 16460, Section 16470, subdivision (f) of Section 16520, or
Section 16570, 16740, 16760, 16830, 16920, 16930, 16940, 17090,
17125, 17160, 17170, 17180, 17190, 17200, 17270, 17280, 17330, 17350,
17360, 17700, 17705, 17710, 17715, 17720, 17725, 17730, 17735,
17740, 17745, 19100, 19200, 19205, 20200, 20310, 20410, 20510, 20611,
20710, 20910, 21110, 21310, 21810, 22010, 22015, 22210, 22215,
22410, 32430, 24310, 24410, 24510, 24610, 24680, 24710, 30210, 30215,
31500, 32310, 32400, 32405, 32410, 32415, 32420, 32425, 32435,
32440, 32445, 32450, 32900, 33215, 33220, 33225, or 33600.
   (o) (1) Except as provided in paragraph (2) and subdivision (p),
the person shall not possess a knife with a blade longer than two
inches.
   (2) The person may possess a kitchen knife with a blade longer
than two inches if the knife is used and kept only in the kitchen of
the person's residence.
   (p) The person may use a knife with a blade longer than two
inches, if the use is required for that person's employment, the use
has been approved in a document issued by the supervising county
agency, and the person possesses the document of approval at all
times and makes it available for inspection.
   (q) The person agrees to waive any right to a court hearing prior
to the imposition of a period of "flash incarceration" in a county
jail of not more than 10 consecutive days for any violation of his or
her postrelease supervision conditions.
   (r) The person agrees to participate in rehabilitation programming
as recommended by the supervising county agency.
  SEC. 49.  Section 3454 of the Penal Code is amended to read:
   3454.  (a) Each supervising county agency, as established by the
county board of supervisors pursuant to subdivision (a) of Section
3451, shall establish a review process for assessing and refining a
person's program of postrelease supervision. Any additional
postrelease supervision conditions shall be reasonably related to the
underlying offense for which the offender spent time in prison, or
to the offender's risk of recidivism, and the offender's criminal
history, and be otherwise consistent with law.
   (b) Each county agency responsible for postrelease supervision, as
established by the county board of supervisors pursuant to
subdivision (a) of Section 3451, may determine additional appropriate
conditions of supervision listed in Section 3453 consistent with
public safety, order the provision of appropriate rehabilitation and
treatment services, determine appropriate incentives, and determine
and order appropriate responses to alleged violations, which can
include, but shall not be limited to, immediate, structured, and
immediate sanctions up to and including referral to a reentry court
pursuant to Section 3015, or flash incarceration in a county jail.
Periods of flash incarceration are encouraged as one method of
punishment for violations of an offender's condition of postrelease
supervision.
   (c) "Flash incarceration" is a period of detention in county jail
due to a violation of an offender's conditions of postrelease
supervision. The length of the detention period can range between one
and 10 consecutive days. Flash incarceration is a tool that may be
used by each county agency responsible for postrelease supervision.
Shorter, but if necessary more frequent, periods of detention for
violations of an offender's postrelease supervision conditions shall
appropriately punish an offender while preventing the disruption in a
work or home establishment that typically arises from longer term
revocations.
  SEC. 50.  Section 3455 of the Penal Code is amended to read:
   3455.  (a) If the supervising county agency has determined,
following application of its assessment processes, that intermediate
sanctions as authorized in subdivision (b) of Section 3454 are not
appropriate, the supervising county agency shall petition the
revocation hearing officer appointed pursuant to Section 71622.5 of
the Government Code to revoke and terminate postrelease supervision.
At any point during the process initiated pursuant to this section, a
person may waive, in writing, his or her right to counsel, admit the
parole violation, waive a court hearing, and accept the proposed
parole modification. The petition shall include a written report that
contains additional information regarding the petition, including
the relevant terms and conditions of postrelease supervision, the
circumstances of the alleged underlying violation, the history and
background of the violator, and any recommendations. The Judicial
Council shall adopt forms and rules of court to establish uniform
statewide procedures to implement this subdivision, including the
minimum contents of supervision agency reports. Upon a finding that
the person has violated the conditions of postrelease supervision,
the revocation hearing officer shall have authority to do all of the
following:
   (1) Return the person to parole supervision with modifications of
conditions, if appropriate, including a period of incarceration in
county jail.
   (2) Revoke parole and order the person to confinement in the
county jail.
   (3) Refer the person to a reentry court pursuant to Section 3015
or other evidence-based program in the court's discretion.
   (b) Confinement pursuant to paragraphs (1) and (2) of subdivision
(a) shall not exceed a period of 180 days in the county jail.
   (c) In no case shall a person be under supervision or in custody
pursuant to this title on or after three years from the date of the
person's initial entry onto postrelease supervision.
  SEC. 51.  Section 3456 of the Penal Code is amended to read:
   3456.  The county agency responsible for postrelease supervision,
as established by the county board of supervisors pursuant to
subdivision (a) of Section 3451, shall maintain postrelease
supervision over a person under postrelease supervision pursuant to
this title until one of the following events occurs:
   (a) The person has been subject to postrelease supervision
pursuant to this title for three years at which time the offender
shall be immediately discharged from postrelease supervision.
   (b) Any person on postrelease supervision for six consecutive
months with no violations of his or her conditions of postrelease
supervision may be considered for immediate discharge by the
supervising county.
   (c) The person who has been on postrelease supervision
continuously for one year with no violations of his or her conditions
of postrelease supervision shall be discharged from supervision
within 30 days.
   (d) Jurisdiction over the person has been terminated by operation
of law.
   (e) Jurisdiction is transferred to another supervising county
agency.
   (f) Jurisdiction is terminated by the revocation hearing officer
upon a petition to revoke and terminate supervision by the
supervising county agency.
  SEC. 51.5.  Section 4011.10 of the Penal Code is amended to read:
   4011.10.  (a) It is the intent of the Legislature in enacting this
section to provide county sheriffs, chiefs of police, and directors
or administrators of local detention facilities with an incentive to
not engage in practices designed to avoid payment of legitimate
health care costs for the treatment or examination of persons
lawfully in their custody, and to promptly pay those costs as
requested by the provider of services. Further, it is the intent of
the Legislature to encourage county sheriffs, chiefs of police, and
directors or administrators of local detention facilities to bargain
in good faith when negotiating a service contract with hospitals
providing health care services.
   (b) Notwithstanding any other provision of law, a county sheriff,
police chief or other public agency that contracts for health care
services, may contract with providers of health care services for
care to local law enforcement patients. Hospitals that do not
contract with the county sheriff, police chief, or other public
agency that contracts for health care services shall provide health
care services to local law enforcement patients at a rate equal to
110 percent of the hospital's actual costs according to the most
recent Hospital Annual Financial Data report issued by the Office of
Statewide Health Planning and Development, as calculated using a
cost-to-charge ratio.
   (c) A county sheriff or police chief shall not request the release
of an inmate from custody for the purpose of allowing the inmate to
seek medical care at a hospital, and then immediately rearrest the
same individual upon discharge from the hospital, unless the hospital
determines this action would enable it to bill and collect from a
third-party payment source.
   (d) The California Hospital Association, the University of
California, the California State Sheriffs' Association and the
California Police Chiefs' Association shall, immediately upon
enactment of this section, convene the Inmate Health Care and Medical
Provider Fair Pricing Working Group. The working group shall consist
of at least six members from the California Hospital Association and
the University of California, and six members from the California
State Sheriffs' Association and the California Police Chiefs'
Association. Each organization should give great weight and
consideration to appointing members of the working group with diverse
geographic and demographic interests. The working group shall meet
as needed to identify and resolve industry issues that create fiscal
barriers to timely and affordable inmate health care. In addition,
the working group shall address issues including, but not limited to,
inmates being admitted for care and later rearrested and any other
fiscal barriers to hospitals being able to enter into fair market
contracts with public agencies. To the extent that the rate
provisions of this statute result in a disproportionate share of
local law enforcement patients being treated at any one hospital or
system of hospitals, the working group shall address this issue. No
reimbursement is required under this provision.
   (e) Nothing in this section shall require or encourage a hospital
or public agency to replace any existing arrangements that any city
police chief, county sheriff, or other public agency that contracts
for health care services for local law enforcement patients.
   (f) An entity that provides ambulance or any other emergency or
nonemergency response service to a sheriff or police chief, and that
does not contract with their departments for that service, shall be
reimbursed for the service at the rate established by Medicare.
Neither the sheriff nor the police chief shall reimburse a provider
of any of these services that their department has not contracted
with at a rate that exceeds the provider's reasonable and allowable
costs, regardless of whether the provider is located within or
outside of California.
   (g) For the purposes of this section, "reasonable and allowable
costs" shall be defined in accordance with Part 413 of Title 42 of
the Code of Federal Regulations and federal Centers for Medicare and
Medicaid Services Publication Numbers 15.1 and 15.2.
   (h) For purposes of this section, in those counties in which the
sheriff does not administer a jail facility, a director or
administrator of a local department of corrections established
pursuant to Section 23013 of the Government Code is the person who
may contract for services provided to jail inmates in the facilities
he or she administers in those counties.
  SEC. 52.  Section 4016.5 of the Penal Code, as amended by Section
481 of Chapter 15 of the Statutes of 2011, is amended to read:
   4016.5.  A city or county shall be reimbursed by the Department of
Corrections and Rehabilitation for costs incurred resulting from the
detention of a state prisoner or a person sentenced or referred to
the state prison when the detention meets any of the following
conditions:
   (a) (1) The detention results from a new commitment, or a referral
pursuant to Section 1203.03, once the abstract of judgment has been
completed, the department's intake control unit has been notified by
the county that the prisoner is ready to be transported pursuant to
Section 1216, and the department is unable to accept delivery of the
prisoner. The reimbursement shall be provided for each day starting
on the day following the fifth working day after the date of
notification by the county, if the prisoner remains ready to be
delivered and the department is unable to receive the prisoner. If a
county delivers or attempts to deliver a person to the department
without the prior notification required by this paragraph, the date
of the delivery or attempted delivery shall be recognized as the
notification date pursuant to this paragraph. The notification and
verification required by the county for prisoners ready to be
transported, and reimbursement provided to the county for prisoners
that the department is unable to receive, shall be made pursuant to
procedures established by the department.
   (2) A city or county shall be reimbursed by the department from
funds appropriated in Item 5240-001-0001 of the annual Budget Act for
costs incurred pursuant to this subdivision.
   (3) The reimbursement required by this section shall be expended
for maintenance, upkeep, and improvement of jail conditions,
facilities, and services. Before the county is reimbursed by the
department, the total amount of all charges against that county
authorized by law for services rendered by the department shall be
first deducted from the gross amount of reimbursement authorized by
this section. The net reimbursement shall be calculated and paid
monthly by the department. The department shall withhold all or part
of the net reimbursement to a county whose jail facility or
facilities do not conform to minimum standards for local detention
facilities as authorized by Section 6030 only if the county is
failing to make reasonable efforts to correct differences, with
consideration given to the resources available for those purposes.
   (4) "Costs incurred resulting from the detention," as used in this
section, shall include the same cost factors as are utilized by the
Department of Corrections and Rehabilitation in determining the cost
of prisoner care in state correctional facilities.
   (b) No city, county, or other jurisdiction may file, and the state
may not reimburse, a claim pursuant to this section that is
presented to the Department of Corrections and Rehabilitation or to
any other agency or department of the state more than six months
after the close of the month in which the costs were incurred.
   (c) The changes to this section made by the act that added this
subdivision shall be effective on October 1, 2011.
  SEC. 53.  Section 4019 of the Penal Code, as amended by Section 482
of Chapter 15 of the Statutes of 2011, is amended to read:
   4019.  (a) The provisions of this section shall apply in all of
the following cases:
   (1) When a prisoner is confined in or committed to a county jail,
industrial farm, or road camp, or any city jail, industrial farm, or
road camp, including all days of custody from the date of arrest to
the date on which the serving of the sentence commences, under a
judgment of imprisonment, or a fine and imprisonment until the fine
is paid in a criminal action or proceeding.
   (2) When a prisoner is confined in or committed to the county
jail, industrial farm, or road camp or any city jail, industrial
farm, or road camp as a condition of probation after suspension of
imposition of a sentence or suspension of execution of sentence, in a
criminal action or proceeding.
   (3) When a prisoner is confined in or committed to the county
jail, industrial farm, or road camp or any city jail, industrial
farm, or road camp for a definite period of time for contempt
pursuant to a proceeding, other than a criminal action or proceeding.

   (4) When a prisoner is confined in a county jail, industrial farm,
or road camp, or a city jail, industrial farm, or road camp
following arrest and prior to the imposition of sentence for a felony
conviction.
   (5) When a prisoner is confined in a county jail, industrial farm,
or road camp, or a city jail, industrial farm, or road camp as part
of custodial sanction imposed following a violation of postrelease
community supervision or parole.
   (b) Subject to the provisions of subdivision (d), for each
four-day period in which a prisoner is confined in or committed to a
facility as specified in this section, one day shall be deducted from
his or her period of confinement unless it appears by the record
that the prisoner has refused to satisfactorily perform labor as
assigned by the sheriff, chief of police, or superintendent of an
industrial farm or road camp.
   (c) For each four-day period in which a prisoner is confined in or
committed to a facility as specified in this section, one day shall
be deducted from his or her period of confinement unless it appears
by the record that the prisoner has not satisfactorily complied with
the reasonable rules and regulations established by the sheriff,
chief of police, or superintendent of an industrial farm or road
camp.
   (d) Nothing in this section shall be construed to require the
sheriff, chief of police, or superintendent of an industrial farm or
road camp to assign labor to a prisoner if it appears from the record
that the prisoner has refused to satisfactorily perform labor as
assigned or that the prisoner has not satisfactorily complied with
the reasonable rules and regulations of the sheriff, chief of police,
or superintendent of any industrial farm or road camp.
   (e) No deduction may be made under this section unless the person
is committed for a period of four days or longer.
   (f) It is the intent of the Legislature that if all days are
earned under this section, a term of four days will be deemed to have
been served for every two days spent in actual custody.
   (g) The changes in this section as enacted by the act that added
this subdivision shall apply to prisoners who are confined to a
county jail, city jail, industrial farm, or road camp for a crime
committed on or after the effective date of that act.
   (h) The changes to this section enacted by the act that added this
subdivision shall apply prospectively and shall apply to prisoners
who are confined to a county jail, city jail, industrial farm, or
road camp for a crime committed on or after October 1, 2011. Any days
earned by a prisoner prior to October 1, 2011, shall be calculated
at the rate required by the prior law.
  SEC. 53.5.  Section 4115.55 is added to the Penal Code, to read:
   4115.55.  (a) Upon agreement with the sheriff or director of the
county department of corrections, a board of supervisors may enter
into a contract with other public agencies to provide housing for
inmates sentenced to county jail in community correctional facilities
created pursuant to Chapter 9.5 (commencing with Section 6250) of
Title 7.
   (b) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before that date, deletes or extends that
date.
  SEC. 54.  Section 11418 of the Penal Code, as amended by Section
499 of Chapter 15 of the Statutes of 2011, is amended to read:
   11418.  (a) (1) Any person, without lawful authority, who
possesses, develops, manufactures, produces, transfers, acquires, or
retains any weapon of mass destruction, shall be punished by
imprisonment pursuant to subdivision (h) of Section 1170 for 4, 8, or
12 years.
   (2) Any person who commits a violation of paragraph (1) and who
has been previously convicted of Section 11411, 11412, 11413, 11418,
11418.1, 11418.5, 11419, 11460, 12303.1, 12303.2, or 12303.3 shall be
punished by imprisonment pursuant to subdivision (h) of Section 1170
for 5, 10, or 15 years.
   (b) (1) Any person who uses or directly employs against another
person a weapon of mass destruction in a form that may cause
widespread, disabling illness or injury in human beings shall be
punished by imprisonment in the state prison for life.
   (2) Any person who uses or directly employs against another person
a weapon of mass destruction in a form that may cause widespread
great bodily injury or death and causes the death of any human being
shall be punished by imprisonment in the state prison for life
without the possibility of parole. Nothing in this paragraph shall
prevent punishment instead under Section 190.2.
   (3) Any person who uses a weapon of mass destruction in a form
that may cause widespread damage to or disruption of the food supply
or "source of drinking water" as defined in subdivision (d) of
Section 25249.11 of the Health and Safety Code shall be punished by
imprisonment in the state prison for 5, 8, or 12 years and by a fine
of not more than one hundred thousand dollars ($100,000).
   (4) Any person who maliciously uses against animals, crops, or
seed and seed stock, a weapon of mass destruction in a form that may
cause widespread damage to or substantial diminution in the value of
stock animals or crops, including seeds used for crops or product of
the crops, shall be punished by imprisonment in the state prison for
4, 8, or 12 years and by a fine of not more than one hundred thousand
dollars ($100,000).
   (c) Any person who uses a weapon of mass destruction in a form
that may cause widespread and significant damage to public natural
resources, including coastal waterways and beaches, public parkland,
surface waters, ground water, and wildlife, shall be punished by
imprisonment in the state prison for three, four, or six years.
   (d) (1) Any person who uses recombinant technology or any other
biological advance to create new pathogens or more virulent forms of
existing pathogens for use in any crime described in subdivision (b)
shall be punished by imprisonment in the state prison for 4, 8, or 12
years and by a fine of not more than two hundred fifty thousand
dollars ($250,000).
   (2) Any person who uses recombinant technology or any other
biological advance to create new pathogens or more virulent forms of
existing pathogens for use in any crime described in subdivision (c)
shall be punished by imprisonment in the state prison for three, six,
or nine years and by a fine of not more than two hundred fifty
thousand dollars ($250,000).
   (e) Nothing in this section shall be construed to prevent
punishment instead pursuant to any other provision of law that
imposes a greater or more severe punishment.
  SEC. 55.  Section 11418 of the Penal Code, as amended by Section
500 of Chapter 15 of the Statutes of 2011, is amended to read:
   11418.  (a) (1) Any person, without lawful authority, who
possesses, develops, manufactures, produces, transfers, acquires, or
retains any weapon of mass destruction, shall be punished by
imprisonment pursuant to subdivision (h) of Section 1170 for 4, 8, or
12 years.
   (2) Any person who commits a violation of paragraph (1) and who
has been previously convicted of Section 11411, 11412, 11413,
                                       11418, 11418.1, 11418.5,
11419, 11460, 18715, 18725, or 18740 shall be punished by
imprisonment pursuant to subdivision (h) of Section 1170 for 5, 10,
or 15 years.
   (b) (1) Any person who uses or directly employs against another
person a weapon of mass destruction in a form that may cause
widespread, disabling illness or injury in human beings shall be
punished by imprisonment in the state prison for life.
   (2) Any person who uses or directly employs against another person
a weapon of mass destruction in a form that may cause widespread
great bodily injury or death and causes the death of any human being
shall be punished by imprisonment in the state prison for life
without the possibility of parole. Nothing in this paragraph shall
prevent punishment instead under Section 190.2.
   (3) Any person who uses a weapon of mass destruction in a form
that may cause widespread damage to or disruption of the food supply
or "source of drinking water" as defined in subdivision (d) of
Section 25249.11 of the Health and Safety Code shall be punished by
imprisonment in the state prison for 5, 8, or 12 years and by a fine
of not more than one hundred thousand dollars ($100,000).
   (4) Any person who maliciously uses against animals, crops, or
seed and seed stock, a weapon of mass destruction in a form that may
cause widespread damage to or substantial diminution in the value of
stock animals or crops, including seeds used for crops or product of
the crops, shall be punished by imprisonment in the state prison for
4, 8, or 12 years and by a fine of not more than one hundred thousand
dollars ($100,000).
   (c) Any person who uses a weapon of mass destruction in a form
that may cause widespread and significant damage to public natural
resources, including coastal waterways and beaches, public parkland,
surface waters, ground water, and wildlife, shall be punished by
imprisonment in the state prison for three, four, or six years.
   (d) (1) Any person who uses recombinant technology or any other
biological advance to create new pathogens or more virulent forms of
existing pathogens for use in any crime described in subdivision (b)
shall be punished by imprisonment in the state prison for 4, 8, or 12
years and by a fine of not more than two hundred fifty thousand
dollars ($250,000).
   (2) Any person who uses recombinant technology or any other
biological advance to create new pathogens or more virulent forms of
existing pathogens for use in any crime described in subdivision (c)
shall be punished by imprisonment in the state prison for three, six,
or nine years and by a fine of not more than two hundred fifty
thousand dollars ($250,000).
   (e) Nothing in this section shall be construed to prevent
punishment instead pursuant to any other provision of law that
imposes a greater or more severe punishment.
  SEC. 56.  Section 12021.5 of the Penal Code, as amended by Section
503 of Chapter 15 of the Statutes of 2011, is amended to read:
   12021.5.  (a) Every person who carries a loaded or unloaded
firearm on his or her person, or in a vehicle, during the commission
or attempted commission of any street gang crimes described in
subdivision (a) or (b) of Section 186.22, shall, upon conviction of
the felony or attempted felony, be punished by an additional term of
imprisonment pursuant to subdivision (h) of Section 1170 for one,
two, or three years. The court shall select the sentence enhancement
which, in the court's discretion, best serves the interests of
justice and shall state the reasons for its choice on the record at
the time of sentence, in accordance with the provisions of
subdivision (d) of Section 1170.1.
   (b) Every person who carries a loaded or unloaded firearm together
with a detachable shotgun magazine, a detachable pistol magazine, a
detachable magazine, or a belt-feeding device on his or her person,
or in a vehicle, during the commission or attempted commission of any
street gang crimes described in subdivision (a) or (b) of Section
186.22, shall, upon conviction of the felony or attempted felony, be
punished by an additional term of imprisonment in the state prison
for two, three, or four years. The court shall select the sentence
enhancement which, in the court's discretion, best serves the
interests of justice and shall state the reasons for its choice on
the record at the time of sentence, in accordance with the provisions
of subdivision (d) of Section 1170.1.
   (c) As used in this section, the following definitions shall
apply:
   (1) "Detachable magazine" means a device that is designed or
redesigned to do all of the following:
   (A) To be attached to a rifle that is designed or redesigned to
fire ammunition.
   (B) To be attached to, and detached from, a rifle that is designed
or redesigned to fire ammunition.
   (C) To feed ammunition continuously and directly into the loading
mechanism of a rifle that is designed or redesigned to fire
ammunition.
   (2) "Detachable pistol magazine" means a device that is designed
or redesigned to do all of the following:
   (A) To be attached to a semiautomatic firearm that is not a rifle
or shotgun that is designed or redesigned to fire ammunition.
   (B) To be attached to, and detached from, a firearm that is not a
rifle or shotgun that is designed or redesigned to fire ammunition.
   (C) To feed ammunition continuously and directly into the loading
mechanism of a firearm that is not a rifle or a shotgun that is
designed or redesigned to fire ammunition.
   (3) "Detachable shotgun magazine" means a device that is designed
or redesigned to do all of the following:
   (A) To be attached to a firearm that is designed or redesigned to
fire a fixed shotgun shell through a smooth or rifled bore.
   (B) To be attached to, and detached from, a firearm that is
designed or redesigned to fire a fixed shotgun shell through a smooth
bore.
   (C) To feed fixed shotgun shells continuously and directly into
the loading mechanism of a firearm that is designed or redesigned to
fire a fixed shotgun shell.
   (4) "Belt-feeding device" means a device that is designed or
redesigned to continuously feed ammunition into the loading mechanism
of a machinegun or a semiautomatic firearm.
   (5) "Rifle" shall have the same meaning as specified in paragraph
(20) of subdivision (c) of Section 12020.
   (6) "Shotgun" shall have the same meaning as specified in
paragraph (21) of subdivision (c) of Section 12020.
   (d) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
  SEC. 57.  Section 12021.5 of the Penal Code, as amended by Section
504 of Chapter 15 of the Statutes of 2011, is amended to read:
   12021.5.  (a) Every person who carries a loaded or unloaded
firearm on his or her person, or in a vehicle, during the commission
or attempted commission of any street gang crimes described in
subdivision (a) or (b) of Section 186.22, shall, upon conviction of
the felony or attempted felony, be punished by an additional term of
imprisonment pursuant to subdivision (h) of Section 1170 for one,
two, or three years. The court shall select the sentence enhancement
which, in the court's discretion, best serves the interests of
justice and shall state the reasons for its choice on the record at
the time of sentence, in accordance with the provisions of
subdivision (d) of Section 1170.1.
   (b) Every person who carries a loaded or unloaded firearm together
with a detachable shotgun magazine, a detachable pistol magazine, a
detachable magazine, or a belt-feeding device on his or her person,
or in a vehicle, during the commission or attempted commission of any
street gang crimes described in subdivision (a) or (b) of Section
186.22, shall, upon conviction of the felony or attempted felony, be
punished by an additional term of imprisonment in the state prison
for two, three, or four years. The court shall select the sentence
enhancement which, in the court's discretion, best serves the
interests of justice and shall state the reasons for its choice on
the record at the time of sentence, in accordance with the provisions
of subdivision (d) of Section 1170.1.
   (c) As used in this section, the following definitions shall
apply:
   (1) "Detachable magazine" means a device that is designed or
redesigned to do all of the following:
   (A) To be attached to a rifle that is designed or redesigned to
fire ammunition.
   (B) To be attached to, and detached from, a rifle that is designed
or redesigned to fire ammunition.
   (C) To feed ammunition continuously and directly into the loading
mechanism of a rifle that is designed or redesigned to fire
ammunition.
   (2) "Detachable pistol magazine" means a device that is designed
or redesigned to do all of the following:
   (A) To be attached to a semiautomatic firearm that is not a rifle
or shotgun that is designed or redesigned to fire ammunition.
   (B) To be attached to, and detached from, a firearm that is not a
rifle or shotgun that is designed or redesigned to fire ammunition.
   (C) To feed ammunition continuously and directly into the loading
mechanism of a firearm that is not a rifle or a shotgun that is
designed or redesigned to fire ammunition.
   (3) "Detachable shotgun magazine" means a device that is designed
or redesigned to do all of the following:
   (A) To be attached to a firearm that is designed or redesigned to
fire a fixed shotgun shell through a smooth or rifled bore.
   (B) To be attached to, and detached from, a firearm that is
designed or redesigned to fire a fixed shotgun shell through a smooth
bore.
   (C) To feed fixed shotgun shells continuously and directly into
the loading mechanism of a firearm that is designed or redesigned to
fire a fixed shotgun shell.
   (4) "Belt-feeding device" means a device that is designed or
redesigned to continuously feed ammunition into the loading mechanism
of a machinegun or a semiautomatic firearm.
   (5) "Rifle" shall have the same meaning as specified in paragraph
(20) of subdivision (c) of Section 12020.
   (6) "Shotgun" shall have the same meaning as specified in
paragraph (21) of subdivision (c) of Section 12020.
   (d) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
  SEC. 58.  Section 12022 of the Penal Code, as amended by Section
506 of Chapter 15 of the Statutes of 2011, is amended to read:
   12022.  (a) (1) Except as provided in subdivisions (c) and (d),
any person who is armed with a firearm in the commission of a felony
or attempted felony shall be punished by an additional and
consecutive term of imprisonment pursuant to subdivision (h) of
Section 1170 for one year, unless the arming is an element of that
offense. This additional term shall apply to any person who is a
principal in the commission of a felony or attempted felony if one or
more of the principals is armed with a firearm, whether or not the
person is personally armed with a firearm.
   (2) Except as provided in subdivision (c), and notwithstanding
subdivision (d), if the firearm is an assault weapon, as defined in
Section 30510 or Section 30515, or a machinegun, as defined in
Section 16880, or a .50 BMG rifle, as defined in Section 30530, the
additional and consecutive term described in this subdivision shall
be three years imprisonment pursuant to subdivision (h) of Section
1170 whether or not the arming is an element of the offense of which
the person was convicted. The additional term provided in this
paragraph shall apply to any person who is a principal in the
commission of a felony or attempted felony if one or more of the
principals is armed with an assault weapon or machinegun, or a .50
BMG rifle, whether or not the person is personally armed with an
assault weapon or machinegun, or a .50 BMG rifle.
   (b) (1) Any person who personally uses a deadly or dangerous
weapon in the commission of a felony or attempted felony shall be
punished by an additional and consecutive term of imprisonment
pursuant in the state prison for one year, unless use of a deadly or
dangerous weapon is an element of that offense.
   (2) If the person described in paragraph (1) has been convicted of
carjacking or attempted carjacking, the additional term shall be in
the state prison for one, two, or three years.
   (3) When a person is found to have personally used a deadly or
dangerous weapon in the commission of a felony or attempted felony as
provided in this subdivision and the weapon is owned by that person,
the court shall order that the weapon be deemed a nuisance and
disposed of in the manner provided in Sections 18000 and 18005.
   (c) Notwithstanding the enhancement set forth in subdivision (a),
any person who is personally armed with a firearm in the commission
of a violation or attempted violation of Section 11351, 11351.5,
11352, 11366.5, 11366.6, 11378, 11378.5, 11379, 11379.5, or 11379.6
of the Health and Safety Code, shall be punished by an additional and
consecutive term of imprisonment pursuant to subdivision (h) of
Section 1170 for three, four, or five years.
   (d) Notwithstanding the enhancement set forth in subdivision (a),
any person who is not personally armed with a firearm who, knowing
that another principal is personally armed with a firearm, is a
principal in the commission of an offense or attempted offense
specified in subdivision (c), shall be punished by an additional and
consecutive term of imprisonment pursuant to subdivision (h) of
Section 1170 for one, two, or three years.
   (e) For purposes of imposing an enhancement under Section 1170.1,
the enhancements under this section shall count as one, single
enhancement.
   (f) Notwithstanding any other provision of law, the court may
strike the additional punishment for the enhancements provided in
subdivision (c) or (d) in an unusual case where the interests of
justice would best be served, if the court specifies on the record
and enters into the minutes the circumstances indicating that the
interests of justice would best be served by that disposition.
  SEC. 59.  Section 12022.5 of the Penal Code, as amended by Section
507 of Chapter 15 of the Statutes of 2011, is amended to read:
   12022.5.  (a) Except as provided in subdivision (b), any person
who personally uses a firearm in the commission of a felony or
attempted felony shall be punished by an additional and consecutive
term of imprisonment in the state prison for 3, 4, or 10 years,
unless use of a firearm is an element of that offense.
   (b) Notwithstanding subdivision (a), any person who personally
uses an assault weapon, as specified in Section 12276 or Section
12276.1, or a machinegun, as defined in Section 12200, in the
commission of a felony or attempted felony, shall be punished by an
additional and consecutive term of imprisonment in the state prison
for 5, 6, or 10 years.
   (c) Notwithstanding Section 1385 or any other provisions of law,
the court shall not strike an allegation under this section or a
finding bringing a person within the provisions of this section.
   (d) Notwithstanding the limitation in subdivision (a) relating to
being an element of the offense, the additional term provided by this
section shall be imposed for any violation of Section 245 if a
firearm is used, or for murder if the killing is perpetrated by means
of shooting a firearm from a motor vehicle, intentionally at another
person outside of the vehicle with the intent to inflict great
bodily injury or death.
   (e) When a person is found to have personally used a firearm, an
assault weapon, a machinegun, or a .50 BMG rifle, in the commission
of a felony or attempted felony as provided in this section and the
firearm, assault weapon, machinegun, or a .50 BMG rifle, is owned by
that person, the court shall order that the firearm be deemed a
nuisance and disposed of in the manner provided in Section 12028.
   (f) For purposes of imposing an enhancement under Section 1170.1,
the enhancements under this section shall count as one, single
enhancement.
  SEC. 60.  Section 12022.5 of the Penal Code, as amended by Section
508 of Chapter 15 of the Statutes of 2011, is amended to read:
   12022.5.  (a) Except as provided in subdivision (b), any person
who personally uses a firearm in the commission of a felony or
attempted felony shall be punished by an additional and consecutive
term of imprisonment in the state prison for 3, 4, or 10 years,
unless use of a firearm is an element of that offense.
   (b) Notwithstanding subdivision (a), any person who personally
uses an assault weapon, as specified in Section 30510 or Section
30515, or a machinegun, as defined in Section 16880, in the
commission of a felony or attempted felony, shall be punished by an
additional and consecutive term of imprisonment in the state prison
for 5, 6, or 10 years.
   (c) Notwithstanding Section 1385 or any other provisions of law,
the court shall not strike an allegation under this section or a
finding bringing a person within the provisions of this section.
   (d) Notwithstanding the limitation in subdivision (a) relating to
being an element of the offense, the additional term provided by this
section shall be imposed for any violation of Section 245 if a
firearm is used, or for murder if the killing is perpetrated by means
of shooting a firearm from a motor vehicle, intentionally at another
person outside of the vehicle with the intent to inflict great
bodily injury or death.
   (e) When a person is found to have personally used a firearm, an
assault weapon, a machinegun, or a .50 BMG rifle, in the commission
of a felony or attempted felony as provided in this section and the
firearm, assault weapon, machinegun, or a .50 BMG rifle, is owned by
that person, the court shall order that the firearm be deemed a
nuisance and disposed of in the manner provided in Sections 18000 and
18005.
   (f) For purposes of imposing an enhancement under Section 1170.1,
the enhancements under this section shall count as one, single
enhancement.
  SEC. 61.  Section 12022.9 of the Penal Code, as amended by Section
509 of Chapter 15 of the Statutes of 2011, is amended to read:
   12022.9.  Any person who, during the commission of a felony or
attempted felony, knows or reasonably should know that the victim is
pregnant, and who, with intent to inflict injury, and without the
consent of the woman, personally inflicts injury upon a pregnant
woman that results in the termination of the pregnancy shall be
punished by an additional and consecutive term of imprisonment in the
state prison for five years. The additional term provided in this
subdivision shall not be imposed unless the fact of that injury is
charged in the accusatory pleading and admitted or found to be true
by the trier of fact.
   Nothing in this section shall be construed as affecting the
applicability of subdivision (a) of Section 187.
  SEC. 62.  Section 12022.9 of the Penal Code, as amended by Section
510 of Chapter 15 of the Statutes of 2011, is amended to read:
   12022.9.  Any person who, during the commission of a felony or
attempted felony, knows or reasonably should know that the victim is
pregnant, and who, with intent to inflict injury, and without the
consent of the woman, personally inflicts injury upon a pregnant
woman that results in the termination of the pregnancy shall be
punished by an additional and consecutive term of imprisonment in the
state prison for five years. The additional term provided in this
subdivision shall not be imposed unless the fact of that injury is
charged in the accusatory pleading and admitted or found to be true
by the trier of fact.
   Nothing in this section shall be construed as affecting the
applicability of subdivision (a) of Section 187.
  SEC. 63.  Section 12025 of the Penal Code, as amended by Section
511 of Chapter 15 of the Statutes of 2011, is amended to read:
   12025.  (a) A person is guilty of carrying a concealed firearm
when he or she does any of the following:
   (1) Carries concealed within any vehicle which is under his or her
control or direction any pistol, revolver, or other firearm capable
of being concealed upon the person.
   (2) Carries concealed upon his or her person any pistol, revolver,
or other firearm capable of being concealed upon the person.
   (3) Causes to be carried concealed within any vehicle in which he
or she is an occupant any pistol, revolver, or other firearm capable
of being concealed upon the person.
   (b) Carrying a concealed firearm in violation of this section is
punishable, as follows:
   (1) Where the person previously has been convicted of any felony,
or of any crime made punishable by this chapter, as a felony
punishable by imprisonment pursuant to subdivision (h) of Section
1170.
   (2) Where the firearm is stolen and the person knew or had
reasonable cause to believe that it was stolen, as a felony
punishable by imprisonment pursuant to subdivision (h) of Section
1170.
   (3) Where the person is an active participant in a criminal street
gang, as defined in subdivision (a) of Section 186.22, under the
Street Terrorism Enforcement and Prevention Act (Chapter 11
(commencing with Section 186.20) of Title 7 of Part 1), as a felony.
   (4) Where the person is not in lawful possession of the firearm,
as defined in this section, or the person is within a class of
persons prohibited from possessing or acquiring a firearm pursuant to
Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the
Welfare and Institutions Code, as a felony punishable by
imprisonment pursuant to subdivision (h) of Section 1170.
   (5) Where the person has been convicted of a crime against a
person or property, or of a narcotics or dangerous drug violation, by
imprisonment pursuant to subdivision (h) of Section 1170, or by
imprisonment in a county jail not to exceed one year, by a fine not
to exceed one thousand dollars ($1,000), or by both that imprisonment
and fine.
   (6) By imprisonment pursuant to subdivision (h) of Section 1170,
or by imprisonment in a county jail not to exceed one year, by a fine
not to exceed one thousand dollars ($1,000), or by both that fine
and imprisonment if both of the following conditions are met:
   (A) Both the pistol, revolver, or other firearm capable of being
concealed upon the person and the unexpended ammunition capable of
being discharged from that firearm are either in the immediate
possession of the person or readily accessible to that person, or the
pistol, revolver, or other firearm capable of being concealed upon
the person is loaded as defined in subdivision (g) of Section 12031.
   (B) The person is not listed with the Department of Justice
pursuant to paragraph (1) of subdivision (c) of Section 11106, as the
registered owner of that pistol, revolver, or other firearm capable
of being concealed upon the person.
   (7) In all cases other than those specified in paragraphs (1) to
(6), inclusive, by imprisonment in a county jail not to exceed one
year, by a fine not to exceed one thousand dollars ($1,000), or by
both that imprisonment and fine.
   (c) A peace officer may arrest a person for a violation of
paragraph (6) of subdivision (b) if the peace officer has probable
cause to believe that the person is not listed with the Department of
Justice pursuant to paragraph (1) of subdivision (c) of Section
11106 as the registered owner of the pistol, revolver, or other
firearm capable of being concealed upon the person, and one or more
of the conditions in subparagraph (A) of paragraph (6) of subdivision
(b) is met.
   (d) (1) Every person convicted under this section who previously
has been convicted of a misdemeanor offense enumerated in Section
12001.6 shall be punished by imprisonment in a county jail for at
least three months and not exceeding six months, or, if granted
probation, or if the execution or imposition of sentence is
suspended, it shall be a condition thereof that he or she be
imprisoned in a county jail for at least three months.
   (2) Every person convicted under this section who has previously
been convicted of any felony, or of any crime made punishable by this
chapter, if probation is granted, or if the execution or imposition
of sentence is suspended, it shall be a condition thereof that he or
she be imprisoned in a county jail for not less than three months.
   (e) The court shall apply the three-month minimum sentence as
specified in subdivision (d), except in unusual cases where the
interests of justice would best be served by granting probation or
suspending the imposition or execution of sentence without the
minimum imprisonment required in subdivision (d) or by granting
probation or suspending the imposition or execution of sentence with
conditions other than those set forth in subdivision (d), in which
case, the court shall specify on the record and shall enter on the
minutes the circumstances indicating that the interests of justice
would best be served by that disposition.
   (f) Firearms carried openly in belt holsters are not concealed
within the meaning of this section.
   (g) For purposes of this section, "lawful possession of the
firearm" means that the person who has possession or custody of the
firearm either lawfully owns the firearm or has the permission of the
lawful owner or a person who otherwise has apparent authority to
possess or have custody of the firearm. A person who takes a firearm
without the permission of the lawful owner or without the permission
of a person who has lawful custody of the firearm does not have
lawful possession of the firearm.
   (h) (1) The district attorney of each county shall submit annually
a report on or before June 30, to the Attorney General consisting of
profiles by race, age, gender, and ethnicity of any person charged
with a felony or a misdemeanor under this section and any other
offense charged in the same complaint, indictment, or information.
   (2) The Attorney General shall submit annually, a report on or
before December 31, to the Legislature compiling all of the reports
submitted pursuant to paragraph (1).
   (3) This subdivision shall remain operative until January 1, 2005,
and as of that date shall be repealed.
  SEC. 64.  Section 23109 of the Vehicle Code, as amended by Section
611 of Chapter 15 of the Statutes of 2011, is amended to read:
   23109.  (a) A person shall not engage in a motor vehicle speed
contest on a highway. As used in this section, a motor vehicle speed
contest includes a motor vehicle race against another vehicle, a
clock, or other timing device. For purposes of this section, an event
in which the time to cover a prescribed route of more than 20 miles
is                                                   measured, but
where the vehicle does not exceed the speed limits, is not a speed
contest.
   (b) A person shall not aid or abet in any motor vehicle speed
contest on any highway.
   (c) A person shall not engage in a motor vehicle exhibition of
speed on a highway, and a person shall not aid or abet in a motor
vehicle exhibition of speed on any highway.
   (d) A person shall not, for the purpose of facilitating or aiding
or as an incident to any motor vehicle speed contest or exhibition
upon a highway, in any manner obstruct or place a barricade or
obstruction or assist or participate in placing a barricade or
obstruction upon any highway.
   (e) (1) A person convicted of a violation of subdivision (a) shall
be punished by imprisonment in a county jail for not less than 24
hours nor more than 90 days or by a fine of not less than three
hundred fifty-five dollars ($355) nor more than one thousand dollars
($1,000), or by both that fine and imprisonment. That person shall
also be required to perform 40 hours of community service. The court
may order the privilege to operate a motor vehicle suspended for 90
days to six months, as provided in paragraph (8) of subdivision (a)
of Section 13352. The person's privilege to operate a motor vehicle
may be restricted for 90 days to six months to necessary travel to
and from that person's place of employment and, if driving a motor
vehicle is necessary to perform the duties of the person's
employment, restricted to driving in that person's scope of
employment. This subdivision does not interfere with the court's
power to grant probation in a suitable case.
   (2) If a person is convicted of a violation of subdivision (a) and
that violation proximately causes bodily injury to a person other
than the driver, the person convicted shall be punished by
imprisonment in a county jail for not less than 30 days nor more than
six months or by a fine of not less than five hundred dollars ($500)
nor more than one thousand dollars ($1,000), or by both that fine
and imprisonment.
   (f) (1) If a person is convicted of a violation of subdivision (a)
for an offense that occurred within five years of the date of a
prior offense that resulted in a conviction of a violation of
subdivision (a), that person shall be punished by imprisonment in a
county jail for not less than four days nor more than six months, and
by a fine of not less than five hundred dollars ($500) nor more than
one thousand dollars ($1,000).
   (2) If the perpetration of the most recent offense within the
five-year period described in paragraph (1) proximately causes bodily
injury to a person other than the driver, a person convicted of that
second violation shall be imprisoned in a county jail for not less
than 30 days nor more than six months and by a fine of not less than
five hundred dollars ($500) nor more than one thousand dollars
($1,000).
   (3) If the perpetration of the most recent offense within the
five-year period described in paragraph (1) proximately causes
serious bodily injury, as defined in paragraph (4) of subdivision (f)
of Section 243 of the Penal Code, to a person other than the driver,
a person convicted of that second violation shall be imprisoned in
the state prison, or in a county jail for not less than 30 days nor
more than one year, and by a fine of not less than five hundred
dollars ($500) nor more than one thousand dollars ($1,000).
   (4) The court shall order the privilege to operate a motor vehicle
of a person convicted under paragraph (1), (2), or (3) suspended for
a period of six months, as provided in paragraph (9) of subdivision
(a) of Section 13352. In lieu of the suspension, the person's
privilege to operate a motor vehicle may be restricted for six months
to necessary travel to and from that person's place of employment
and, if driving a motor vehicle is necessary to perform the duties of
the person's employment, restricted to driving in that person's
scope of employment.
   (5) This subdivision does not interfere with the court's power to
grant probation in a suitable case.
   (g) If the court grants probation to a person subject to
punishment under subdivision (f), in addition to subdivision (f) and
any other terms and conditions imposed by the court, which may
include a fine, the court shall impose as a condition of probation
that the person be confined in a county jail for not less than 48
hours nor more than six months. The court shall order the person's
privilege to operate a motor vehicle to be suspended for a period of
six months, as provided in paragraph (9) of subdivision (a) of
Section 13352 or restricted pursuant to subdivision (f).
   (h) If a person is convicted of a violation of subdivision (a) and
the vehicle used in the violation is registered to that person, the
vehicle may be impounded at the registered owner's expense for not
less than one day nor more than 30 days.
   (i) A person who violates subdivision (b), (c), or (d) shall upon
conviction of that violation be punished by imprisonment in a county
jail for not more than 90 days, by a fine of not more than five
hundred dollars ($500), or by both that fine and imprisonment.
   (j) If a person's privilege to operate a motor vehicle is
restricted by a court pursuant to this section, the court shall
clearly mark the restriction and the dates of the restriction on that
person's driver's license and promptly notify the Department of
Motor Vehicles of the terms of the restriction in a manner prescribed
by the department. The Department of Motor Vehicles shall place that
restriction in the person's records in the Department of Motor
Vehicles and enter the restriction on a license subsequently issued
by the Department of Motor Vehicles to that person during the period
of the restriction.
   (k) The court may order that a person convicted under this
section, who is to be punished by imprisonment in a county jail, be
imprisoned on days other than days of regular employment of the
person, as determined by the court.
   (  l  ) This section shall be known and may be cited as
the Louis Friend Memorial Act.
  SEC. 65.  Section 23110 of the Vehicle Code, as amended by Section
613 of Chapter 15 of the Statutes of 2011, is amended to read:
   23110.  (a) Any person who throws any substance at a vehicle or
any occupant thereof on a highway is guilty of a misdemeanor.
   (b) Any person who with intent to do great bodily injury
maliciously and willfully throws or projects any rock, brick, bottle,
metal or other missile, or projects any other substance capable of
doing serious bodily harm at such vehicle or occupant thereof is
guilty of a felony and upon conviction shall be punished by
imprisonment in the state prison.
  SEC. 66.  Section 1710.5 of the Welfare and Institutions Code is
repealed.
  SEC. 67.  Section 1766.01 of the Welfare and Institutions Code is
amended 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 committing 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. 68.  Section 636 of Chapter 15 of the Statutes of 2011 is
amended to read:
  Sec. 636.  This act will become operative no earlier than October
1, 2011, and only upon creation of a community corrections grant
program to assist in implementing this act and upon an appropriation
to fund the grant program.
  SEC. 69.  (a) Except as described in subdivision (b) this act shall
only become operative no earlier than July 1, 2011, and only if
Chapter 15 of the Statutes of 2011 becomes operative.
   (b) On or before August 1, 2011, county agencies designated to
supervise inmates to be released to postrelease supervision shall
notify the Department of Corrections and Rehabilitation that the
county agencies have been designated as the local entity responsible
for providing that supervision. The requirements of this subdivision
shall take effect immediately.
  SEC. 70.  In addition to the amounts appropriated in the Budget Act
of 2011, an appropriation of twenty seven million dollars
($27,000,000) is provided to the Department of Corrections and
Rehabilitation for the purpose of state operations in the 2011-12
fiscal year, payable from the General Fund.
  SEC. 71.  Section 25.5 of this bill incorporates amendments to
Section 830.5 of the Penal Code proposed by both this bill and AB
116. It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2012, (2) each bill amends
Section 830.5 of the Penal Code, and (3) this bill is enacted after
AB 116, in which case Section 25 of this bill shall not become
operative.
  SEC. 72.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
  SEC. 73.  This act is a bill providing for appropriations related
to the Budget Bill within the meaning of subdivision (e) of Section
12 of Article IV of the California Constitution, has been identified
as related to the budget in the Budget Bill, and shall take effect
immediately.