BILL NUMBER: AB 1481	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 25, 2012

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

                        JANUARY 10, 2012

    An act relating to the Budget Act of 2012.  
An act to amend Sections 631 and 631.3 of, and to amend and repeal
Section 367.6 of, the Code of Civil Procedure, to amend Section 53086
of the Education Code, to amend Sections 11552, 12838, 12838.1,
21221, 21224, 21229, 68085.1, 68086, 68090.8, 68106, 68502.5, 68926,
68927, 69921, 69922, 69925, 69950, 70371.5, 70602.5, 70617, 70626,
76000.3, 77003, 77202, 77204, 77205, and 77209 of, to amend and
repeal Section 72011 of, to amend, repeal, and add Sections 68085,
70616, 70657, and 70677 of, to add Sections 11011.28 and 69923 to, to
add and repeal Sections 12838.14 and 70602.6 of, to repeal Sections
12838.2, 12838.3, 69927, and 77213 of, and to repeal and add Sections
69920, 69921.5, 69926, and 77203 of, the   Government Code,
to amend Sections 1170.05, 1231, 1233.1, 1233.6, 1233.61, 2065,
3417, 5024.2, 5072, 5075.1, 6024, 6027, 6030, 6126, and 13800 of, to
amend and repeal Section 1465.8 of, to amend, repeal, and add Section
4115.5 of, to add Sections 5031, 5032, 13155, and 13827 to, and to
add Article 5 (commencing with Section 2985) to Chapter 7 of Title 7
of Part 3 of, the Penal Code, to amend Section 8200 of the Probate
Code, and to amend Sections 607, 736, 912, 1016, 1703, 1711, 1713,
1719, 1719.5, 1725, 1731.5, 1752.16, 1752.81, 1764.2, 1766, 1766.01,
1767.3, 1767.35, 1767.36, 1769, 1771, 1800, 1800.5, 1916, 3050, 3051,
3100, 3100.6, and 3201 of, to add Section 3202 to, and to repeal
Chapter 1 (commencing with Section 3000) of Division 3 of, the
Welfare and Institutions Code, relating to public safety, and making
an appropriation therefor, to take effect immediately, bill related
to the budget. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1481, as amended, Committee on Budget.  Budget Act of
2012.   Public safety.  
   (1) Existing law establishes the Department of Corrections and
Rehabilitation, and provides that the department shall be headed by a
secretary who is appointed by the Governor, subject to Senate
confirmation. Existing law authorizes the Governor to appoint to the
department 2 undersecretaries, requires the Governor to appoint 3
chief deputy secretaries, and an assistant secretary for health care
policy, all subject to Senate confirmation. Existing law also
authorizes the Governor to appoint assistant secretaries for victim
and survivor rights and services and for correctional safety. 

   This bill would reorganize the executive structure of the
department in various ways, including, among others, modifying the
responsibilities of the undersecretaries, removing the provisions
that authorize the Governor to appoint chief deputy secretaries and
assistant secretaries, authorizing the Governor to appoint a chief
for certain offices to be created by this bill, and creating certain
divisions within the department and abolishing others.  
   (2) Existing law establishes the Board of State and Community
Corrections as an entity independent of the Department of Corrections
and Rehabilitation, and authorizes the board to carry out various
powers and duties relating to providing advice and leadership on
criminal justice issues.  
   This bill would authorize the Governor to appoint an executive
officer of the board, subject to Senate confirmation, who would hold
the office at the pleasure of the Governor. The executive officer
would be the administrative head of the board and would exercise all
duties and functions necessary to ensure that the responsibilities of
the board are successfully discharged.  
   (3) Existing law requires the Secretary of the Department of
Corrections and Rehabilitation to ensure compliance with the terms of
any state plan, memoranda of understanding, administrative order,
interagency agreements, assurances, single state agency obligations,
federal statutes and regulations, and any other form of agreement or
obligation that vital government activities rely upon, or are
condition to, the continued receipt by the department of state or
federal funds or services.  
   This bill would, until June 30, 2021, require money recovered by
the Department of Corrections and Rehabilitation from a union paid
leave settlement agreement to be credited to the fiscal year in which
the recovered money is received, which would be available for
expenditure by the department for the fiscal year in which the
recovered money is received, upon approval of the Department of
Finance. The bill would require the Department of Corrections and
Rehabilitation to identify and report the total amount collected
annually to the Department of Finance.  
   (4) Existing law requires the Department of General Services to
offer for sale land that is declared excess or is declared surplus by
the Legislature, and that is not needed by any state agency, to
local agencies and private entities and individuals, subject to
specified conditions.  
   This bill would authorize the Director of General Services, until
January 1, 2015, to sell or lease property known as the Southern
Youth Correctional Reception Center and Clinic to the County of Los
Angeles at market value. After that date, if not sold or leased to
the County of Los Angeles, the bill would authorize the sale or lease
of that property to any other person or entity subject to a
competitive bid process. The bill would provide that the proceeds of
the sale or lease be expended on bond payments, as specified, and
other costs, including costs for the review of the sale of the
property and bond counsel.  
   (5) Existing law generally prohibits a person who has been retired
under the Public Employees' Retirement System from serving without
reinstatement from retirement unless a specified exception applies.
Existing law authorizes a retired person to serve without
reinstatement upon appointment to certain positions, including, among
others, member of a board, commission, or advisory committee, as
specified, or in certain circumstances, such as during an emergency
to prevent stoppage of public business or because the retired
employee has specialized skills needed in performing work of limited
duration. Existing law prohibits those appointments from exceeding
960 hours in any fiscal year and requires that the rate of pay not be
less than the minimum nor exceed the amount paid to other employees
performing comparable duties.  
   This bill would prohibit the hourly rate of pay for an appointment
of a retired person pursuant to those provisions from exceeding the
maximum monthly base salary paid to other employees performing
comparable duties as listed on a publicly available pay schedule
divided by 173.333. The bill would also prohibit an appointee from
receiving any benefit, incentive, compensation in lieu of benefits,
or any other form of compensation in addition to the hourly pay rate.
The bill would prohibit these appointments, including those made
concurrently, as specified, from exceeding a combined total of 960
hours each fiscal year. The bill would prohibit a retired annuitant
appointed pursuant to these provisions from working more than 960
hours each fiscal year regardless of whether he or she works for one
or more employers.  
   (6) Existing law requires the Judicial Council, on or before July
1, 2011, to establish statewide, uniform fees to be paid by a party
to a civil action for appearing by telephone, which shall supersede
any fees paid to vendors and courts under existing agreements and
procedures. Existing law, until July 1, 2013, provides that if a
vendor or court later receives a fee or a portion of a fee for
appearance by telephone that was previously waived, that fee shall be
distributed, as specified. Existing law, until July 1, 2013,
requires each vendor or court that provides for appearances by
telephone to transmit $20, for each fee received for providing
telephone appearance services, to the State Treasury for deposit in
the Trial Court Trust Fund, except as specified. Existing law also
requires these vendors to transmit, as specified, an amount equal to
the total amount of revenue received by all courts for providing
appearances for the 2009-10 fiscal year.  
   This bill would specify that the statewide, uniform fees to be
paid by a party for appearing by telephone shall supersede any fees
paid to vendors and courts under any previously existing agreements
and procedures. The bill would delete the July 1, 2013, repeal of the
provision for distribution of fees that were previously waived, and
the repeal date for the $20 payment required for each fee received
for providing telephone appearance services, thereby extending those
provisions indefinitely.  
   Existing law requires each party to a civil action demanding a
jury trial to deposit advance jury fees with the clerk or judge, the
total amount of which may not exceed $150 for each party. Existing
law requires the deposit of advance jury fees to be made at least 25
calendar days before the date initially set for trial, except that in
unlawful detainer actions the fees are required to be deposited at
least 5 days before the date set for trial. Existing law authorizes
the refund of advance jury fees under specified circumstances, but
provides for the transfer of those fees that are not refunded to the
Controller for deposit into the Trial Court Trust Fund.  
   This bill, instead, would require each party to pay advance jury
fees in the amount of $150. The bill would provide additional dates
for the deposit of advance jury fees, as specified. The bill would
require the court to transmit the advance jury fees to the State
Treasury for deposit in the Trial Court Trust Fund within 45 calendar
days after the end of the month in which the advance jury fees are
deposited with the court, and would specify that advance jury fees
deposited after the effective date of this measure are nonrefundable.
 
   Existing law states the intent of the Legislature to establish a
moratorium on increases in court filing fees until July 1, 2013, but
imposes supplemental fees for filing first papers in connection with
specified civil proceedings, until that date.  
   This bill would delete the repeal date for the supplemental fees,
thereby extending those fees indefinitely. The bill would impose an
additional supplemental fee for filing first papers in certain civil
proceedings, until July 1, 2015, subject to reduction if the amount
of the General Fund appropriation to the Trial Court Trust Fund is
decreased from the amount appropriated in the 2013-14 fiscal year.
The supplemental fees collected pursuant to these provisions would be
deposited into the Trial Court Trust Fund. The bill would make other
conforming changes.  
   Existing law requires a $550 fee to be paid on behalf of all
plaintiffs, and by each defendant, intervenor, respondent, or adverse
party to a civil action at the time of filing its first paper if the
case is designated as a complex case or whenever the case is
determined by the court to be a complex case. Existing law imposes a
limitation of $10,000 on the total amount of fees collected from all
defendants, intervenors, respondents, and adverse parties appearing
in a complex case.  
   This bill would, until July 1, 2015, increase the complex case fee
from $550 to $1,000, and increase the limitation on the total amount
of fees collected from all defendants, intervenors, respondents, and
adverse parties appearing in a complex case from $10,000 to $18,000.
 
   Under existing law, the uniform fee for filing any specified
motion, application, order to show cause, or other paper requiring a
hearing subsequent to the first paper is $40. The fee for filing a
motion for summary judgment or summary adjudication of issues, or for
filing in the superior court an application to appear as counsel pro
hac vice, is $500 until July 1, 2013, at which time those fees shall
be reduced to $200 and $250, respectively. Existing law, until July
1, 2013, provides for 1/2 of the pro hac vice application fee to be
deposited into the Immediate and Critical Needs Account of the State
Court Facilities Construction Fund and 1/2 into the Trial Court Trust
Fund. After that date the entire fee collected for the pro hac vice
application is required to be transmitted to the state for deposit
into the Immediate and Critical Needs Account of the State Court
Facilities Construction Fund. Existing law also requires, until July
1, 2013, an attorney whose application to appear as counsel pro hac
vice has been granted to pay an annual renewal fee of $500 for each
year that the attorney maintains pro hac vice status in the case in
which the application was granted. The entire renewal fee is
transmitted to the state for deposit into the Trial Court Trust Fund.
 
   This bill would, until July 1, 2015, increase that $40 uniform
filing fee to $60. The bill also would extend indefinitely the $500
fee for filing a motion for summary judgment or summary adjudication
of issues, for filing in the superior court an application to appear
as counsel pro hac vice, and for the annual renewal of pro hac vice
status. The bill would extend indefinitely the provisions requiring
1/2 of the fee to appear as counsel pro hac vice to be deposited into
the Immediate and Critical Needs Account of the State Court
Facilities Construction Fund and 1/2 into the Trial Court Trust Fund.
 
   Existing law requires the charge of an official court reporter
fee, in addition to any other fee required in civil actions or cases,
for each proceeding lasting more than one hour, in an amount equal
to the actual cost of providing that service per 1/2 day of services
to the parties, on a pro rata basis, for the services of an official
court reporter on the first and each succeeding judicial day those
services are provided, as specified. Fees collected pursuant to this
provision may be used only to pay for services of an official court
reporter in civil proceedings. Existing law further requires that,
whenever a daily transcript is ordered in a civil case requiring the
services of more than one reporter, the party requesting the
transcript must pay a fee equal to the per diem rate for pro tempore
reporters in addition to any other required fee.  
   This bill would additionally require an official court reporter
fee to be charged for each proceeding lasting less than one hour.
 
   Existing law imposes specified fees upon filing a notice of appeal
in a civil case appealed to a court of appeal, a petition for a writ
within the original jurisdiction of the Supreme Court or the court
of appeal, and a petition for hearing in a civil case in the Supreme
Court after decision in a court of appeal. Existing law also imposes
specified fees for a party other than appellant filing its first
document in a civil case appealed to a court of appeal, for a party
other than petitioner filing its first document in a writ proceeding
within the original jurisdiction of the Supreme Court, or for a party
other than petitioner filing its first document in a writ proceeding
within the original jurisdiction of a court of appeal.  
   This bill would increase those fees, as specified.  
   Existing law requires the Judicial Council to retain the ultimate
responsibility to adopt a budget and allocate funding for the trial
courts. Under existing law, the Judicial Council may authorize a
trial court to carry unexpended funds over from one fiscal year to
the next, provided that the trial court meets certain trial court
coordination requirements.  
   This bill would instead authorize a trial court to, prior to June
30, 2014, carry over unexpended funds from the court's operating
budget from the prior fiscal year and, on and after that date, to
carry over unexpended funds in an amount not to exceed 1% of the
court's operating budget from the prior fiscal year. The bill would
require the Judicial Council to set a preliminary allocation to trial
courts in July of each fiscal year and to finalize those allocations
in January, as specified. The bill would require the Judicial
Council to set aside 2% of specified funds appropriated in the annual
Budget Act and to make those funds available to trial courts for
unforeseen emergencies, unanticipated expenses for existing programs,
or unavoidable funding shortfalls, as specified.  
   The bill would prohibit the Judicial Council from expending funds
on the Court Case Management System without consent from the
Legislature, except as specified. The bill would prohibit construing
any provision of law as authorizing the Judicial Council to redirect
funds for any purpose other than allocation to trial courts or as
otherwise appropriated.  
   Existing law creates the Trial Court Trust Fund and requires that
the fund be invested in the Surplus Money Investment Fund and
requires that interest earned be allocated among trial courts, as
specified.  
   This bill would delete the requirement that the interest earned be
allocated among trial courts.  
   Existing law establishes the Immediate and Critical Needs Account
of the State Court Facilities Construction Fund and limits the use of
the proceeds to certain purposes.  
   This bill would also authorize using the proceeds for trial court
operations, as defined.  
   Existing law establishes the Trial Court Improvement Fund and the
Judicial Administrative Efficiency and Modernization Fund.  

   This bill would establish the State Trial Court Improvement and
Modernization Fund as the successor to those funds, would require
that any assets, liabilities, revenues, and expenditures of those
funds be transferred to the State Trial Court Improvement and
Modernization Fund, and would make other related conforming changes.
 
   (7) Existing law, until July 1, 2013, provides that for each
parking offense where a parking penalty, fine, or forfeiture is
imposed, an added penalty of $3 shall be imposed in addition to the
penalty, fine, or forfeiture set by the city, district, or other
issuing agency. Existing law requires the county treasurer to
transmit the penalty to the Treasurer for deposit in the Trial Court
Trust Fund, as specified.  
   This bill would extend the operation of these provisions
indefinitely. By extending the operation of these provisions, the
bill would increase the duties of county employees and thereby impose
a state-mandated local program.  
   Existing law, until July 1, 2013, requires an assessment of $40 to
be imposed on every conviction for a criminal offense, as provided,
to assist in funding court operations. As of that date, that
assessment shall be reduced to $30. 
   This bill would delete that repeal date, thereby extending the $40
assessment indefinitely.  
   (8) Existing law requires the custodian of a will, within 30 days
after having knowledge of the death of the testator, unless a
petition for probate of the will is earlier filed, to deliver the
will to the clerk of the superior court of the county in which the
estate of the decedent may be administered and to mail a copy of the
will to the executor or a beneficiary, as specified. Existing law
prohibits a fee from being charged for delivering the will to the
clerk of the superior court.  
   This bill would impose a fee of $50 for delivering a will to the
clerk of the superior court as required pursuant to that provision.
 
   (9) The Superior Court Law Enforcement Act of 2002 authorizes the
presiding judge of each superior court to contract with a sheriff or
marshal for the necessary level of law enforcement services in the
courts. The act requires a sheriff to attend all superior courts held
within his or her county whenever required, as specified. Existing
law requires the superior court and the sheriff or marshal to enter
into an annual or multiyear memorandum of understanding specifying
the agreed-upon level of court security services and their cost and
terms of payment, and requires the sheriff or marshal to provide
specified information to the courts by April 30 of each year, with
actual court security allocations subject to the approval of the
Judicial Council and the funding provided by the Legislature.
Existing law requires the Controller, for the 2011-12 fiscal year, to
allocate on a monthly basis a specified amount of the revenues
received in the Local Revenue Fund 2011 into the Trial Court Security
Account of that fund. Existing law provides that the moneys in the
Trial Court Security Account shall be used exclusively to fund trial
court security provided by county sheriffs, but shall not include any
general county administrative costs. The Controller is required to
allocate funds in that account each month to each county or city and
county, as specified, to be used solely to provide security to the
trial courts, and not for general county administrative expenses.
 
   This bill would revise and recast the Superior Court Law
Enforcement Act of 2002, including renaming the act as the Superior
Court Security Act of 2012. The bill would provide that it implements
the statutory changes necessary as a result of the realignment of
superior court security funding enacted in Assembly Bill 118 (Chapter
40 of the Statutes of 2011), in which the Trial Court Security
Account was established to fund court security. The bill would
require the sheriff, with the approval and authorization of the board
of supervisors, and on behalf of the county, to enter into an annual
or multiyear memorandum of understanding with the superior court
specifying an agreed-upon level of court security services and any
other agreed-upon governing or operating procedures. Except as
specified, the bill would provide that the sheriff is responsible for
the necessary level of court security services, as established by
the memorandum of understanding. The bill would specify that the
court security services provided by the sheriff may include, among
other things, bailiff functions, taking charge of a jury, and
overseeing and escorting prisoners in holding cells. The bill
prohibit a superior court from paying a sheriff for court security
services and equipment, except as provided. The bill would establish
a meeting process for the resolution of an impasse in the negotiation
of the memorandum of understanding or disputes regarding the
administration or level of services and equipment being provided to a
court. The bill would require the Judicial Council to establish, by
rule of court, a process that expeditiously and finally resolves
disputes that are not settled in the meeting process through a panel
of court of appeal justices qualified to hear these matters. 

   (10) Existing law authorizes the Department of Corrections and
Rehabilitation to offer a program under which female inmates,
pregnant inmates, or inmates who were primary caregivers of dependent
children immediately prior to incarceration and who have been
committed to state prison may participate in a voluntary alternative
custody program in lieu of confinement in state prison, such as
confinement to a residential home, as specified, or confinement to a
residential drug treatment program. Existing law also requires the
department to collaborate with local law enforcement and
community-based programs that administer evidence-based practices in
order to prevent recidivism among individuals placed in alternative
custody and assist in reentry to society.  
   This bill would clarify that only female inmates are eligible for
the program. The bill would delete the provision requiring the
department to collaborate with local law enforcement and would
instead require the department to prioritize the use of
evidence-based programs and services that will aid in the successful
reentry of inmates into society while they take part in alternative
custody. The bill would also require that case management services be
provided to support rehabilitation and to track the progress and
individualized treatment plan compliance of the inmate.  
   (11) Existing law establishes in the State Treasury the State
Community Corrections Performance Incentives Fund, a continuously
appropriated fund. Moneys in the fund are appropriated for purposes
of providing probation revocation incentive payments and high
performance grants for the implementation of a specified community
corrections program consisting of a system of felony probation
supervision intended to, among other goals, reduce recidivism and
improve public safety. Existing law also authorizes each county to
establish in the county treasury a Community Corrections Performance
Incentives Fund to receive amounts allocated to the counties for
purposes of funding community corrections programs pursuant to these
provisions, as specified.  
   Existing law requires each county receiving funding pursuant to
these provisions to identify and track specific outcome-based
measures, as provided, and report to the Administrative Office of the
Courts on the effectiveness of the community corrections program.
Existing law requires                                           the
Administrative Office of the Courts, in consultation with the Chief
Probation Officers of California and the Department of Corrections
and Rehabilitation, to provide a quarterly statistical report to the
Department of Finance containing statistical information for each
county, including information regarding the number of felony filings
and felony convictions.  
   This bill would expand the scope of the information provided in
the statistical report to include information regarding the number of
felons who had their probation revoked and were sent to county jail
and the number of adult felony probationers sent to county jail for a
conviction of a new felony offense, as specified.  
   Existing law requires the Director of Finance, in consultation
with the Department of Corrections and Rehabilitation, the Joint
Legislative Budget Committee, the Chief Probation Officers of
California, and the Administrative Office of the Courts, to annually
calculate, among other things, the statewide probation failure rate
and a probation failure rate for each county, for purposes of
calculating the probation failure reduction incentive payments and
high performance grant payments to counties to support the community
corrections program described above.  
   This bill would instead require the department, in consultation
with those entities, to calculate the statewide probation failure to
prison rate and a probation failure to prison rate for each county.
The bill would also make conforming changes.  
   Existing law prohibits more than 1% of the estimated savings to
the state resulting from the population of felony probationers
successfully prevented from being sent to state prison, as calculated
by the Department of Finance, from being appropriated for use by the
Administrative Office of the Courts for the costs of implementing
and administering the community corrections program described above.
Existing law also requires the Department of Finance to increase the
award amount, as specified, for any county whose payment in
connection with that program totals less than $100,000 to no more
than $100,000.  
   This bill would require the Department of Finance, in consultation
with the Administrative Office of the Courts, to determine a funding
amount not to exceed 1% of estimated savings to the state, as
described above, to be appropriated for use by the Administrative
Office of the Courts for the costs of implementing and administering
the community corrections program described above and the 2011
Realignment Legislation addressing public safety. The bill would also
require the Department of Finance to increase the award amount for
any county whose payment in connection with that program totals less
than $200,000 to be no more than $200,000.  
   (12) Existing law requires the Department of Corrections and
Rehabilitation to establish and implement a community treatment
program, under which a woman sentenced to state prison who has one or
more children under 6 years of age, whose child is born prior to
incarceration, or who is pregnant, shall be eligible for release with
her children to a public or private facility in the community
suitable to their needs. Existing law requires the department to deny
placement in the community treatment program, except as provided, to
certain women including, but not limited to, those who have been
convicted of the unlawful sale or possession for sale, manufacture,
or transportation of a controlled substance, as defined, if large
scale and for profit, as defined by the department, and those who
have been convicted of a violent felony, among others.  
   This bill would permit women who are convicted of planting,
cultivating, harvesting, drying, or processing any marijuana or any
part thereof, or convicted of possessing for sale any marijuana, to
participate in the program and would require the Secretary of the
Department of Corrections and Rehabilitation to consider for
placement in the program inmates who have been convicted of the
unlawful sale or possession for sale, manufacture, or transportation
of controlled substances, if large scale and for profit, on a
case-by-case basis. The bill would also require the secretary to
consider women on a case-by-case basis for placement in the program
who have been convicted of a robbery or burglary, and women who are
subject to a United States Immigration and Customs Enforcement hold.
The bill would provide that charged offenses that did not result in
conviction shall not be used to exclude an applicant from the
program.  
   (13) Existing law authorizes a county where adequate facilities
are not available for prisoners who would otherwise be confined in
its county adult detention facilities to enter into an agreement with
the board or boards of supervisors of one or more nearby counties
whose county adult detention facilities are adequate for and are
readily accessible from the first county. Existing law requires these
agreements to make provision for the support of a person so
committed or transferred by the county from which he or she is
committed.  
   This bill, until July 1, 2015, would authorize the board of
supervisors of a county, where, in the opinion of the county sheriff
or the director of the county department of corrections, adequate
facilities are not available for prisoners, to enter into an
agreement with any other county whose county adult detention
facilities are adequate for and accessible to the first county and
would require the concurrence of the receiving county's sheriff or
the director of the county department of corrections. The bill would
remove the requirement for support of the offender by the originating
county. The bill would also require a county entering into an
agreement with another county to report annually to the Board of
State and Community Corrections on the number of offenders who
otherwise would be under that county's jurisdiction but who are now
being housed in another county's facility and the reason for needing
to house the offenders outside the county.  
   (14) Existing law requires the Department of Corrections and
Rehabilitation to have responsibility for oversight over state
prisons and for the supervision of parolees.  
   This bill would require the department to submit, as specified,
estimated expenditures for each state or contracted facility housing
offenders and for the cost of supervising offenders on parole, by
region, for inclusion in the annual Governor's Budget and the May
Revision thereto. The bill would require the departmental estimates,
assumptions, and other supporting data to be forwarded annually to
the Joint Legislative Budget Committee and the public safety policy
committees and fiscal committees of the Legislature.  
   The bill would also require the department, as directed by the
Department of Finance, to work with the appropriate budget and policy
committees of the Legislature and the Legislative Analyst's Office
to establish appropriate oversight, evaluation, and accountability
measures, to be adopted as part of a corrections plan, as specified.
The bill would also require a periodic review, conducted by the
Department of Finance's Office of State Audits and Evaluations, that
assesses the fiscal benchmarks of the plan.  
   (15) Existing law makes the State Department of Health Care
Services (SDHCS) the designated state agency to supervise every phase
of the administration of health care services and medical assistance
for which grants-in-aid are received from the federal government or
made by the state in order to secure full compliance with the
applicable provisions of state and federal laws. Existing law
requires the Department of Corrections and Rehabilitation to, among
other things, seek to enter into memoranda of understanding with the
Social Security Administration and the SDHCS, and federal, state, or
county entities to facilitate prerelease agreements to help inmates
initiate benefits claims. Existing law requires the department to
reimburse county public hospitals on a quarterly basis for the
nonfederal share of Medi-Cal costs incurred by the county for
individuals who have been granted medical parole and the county costs
for providing health care services that are not allowable under
Medi-Cal but are required by the state to be furnished to eligible
persons who have been granted medical parole, including public
guardianship health care services. Existing law requires the
department to provide, or provide reimbursement for, services
associated with public guardianship of medical parolees and
authorizes the department to provide supplemental reimbursements to
providers. Existing law requires the department to establish
contracts with appropriate medical providers in cases where medical
parolees are ineligible for Medi-Cal and are unable to pay the costs
of their medical care.  
   This bill would delete the provisions requiring the department to
seek to enter into memoranda of understanding with the Social
Security Administration and the SDHCS to facilitate prerelease
agreements to help inmates initiate benefits claims and would instead
only require the department to seek to enter into memoranda of
understanding with federal, state, or county entities for those
purposes. The bill would require hospitals, nursing facilities, and
other providers providing services to medical parolees to invoice the
department, and would require the department to reimburse those
entities in accordance with contracted rates or, if there is no
contract, at a rate equal to or less than the amount payable under
the Medicare Fee Schedule. The bill would require the department to
submit a quarterly invoice to the SDHCS for reimbursement for
services provided to medical parolees eligible for Medi-Cal for
claiming and reimbursement of federal Medicaid funds and would
require the SDHCS to remit funds for federal financial participation
to the department. The bill would require the department to directly
provide, or provide reimbursement for, services associated with
conservatorship for inmates who are granted medical parole who are
ineligible for Medi-Cal. The bill would, to the extent allowed by
federal law and to the extent federal participation is available,
authorize the department or its designee to act on behalf of an
inmate for the limited purposes of applying for and redetermination
of Medi-Cal eligibility and sharing and maintaining records with the
SDHCS.  
   Under existing law, the department and the SDHCS are authorized to
develop a process to maximize federal financial participation in the
provision of acute inpatient hospital services rendered to
individuals who, but for their institutional status as inmates, are
otherwise eligible for Medi-Cal or the Low Income Health Program
(LIHP). For individuals eligible for Medi-Cal or LIHP, existing law
requires the department to submit a monthly invoice to the SDHCS or
to the county of last residence, as applicable, for claiming federal
participation for acute inpatient hospital services.  
   This bill would, instead, require the submission of quarterly
invoices.  
   (16) Existing law requires that certain mentally disordered
prisoners, as a condition of parole, be treated by the State
Department of Mental Health, as provided. Existing law authorizes the
Department of Corrections and Rehabilitation to obtain day
treatment, and to contract for crisis care services, for parolees
with mental health problems.  
   This bill would require the Department of Corrections and
Rehabilitation to provide a supportive housing program that provides
wraparound services to mentally ill parolees at risk of homelessness
using funding appropriated for that purpose. The program would
provide that an inmate or parolee is eligible for participation if he
or she has a serious mental disorder, as specified, and has been
assigned a release date from state prison and is likely to become
homeless upon release or is currently a homeless parolee. The bill
would require providers to offer various services, including housing
location services and rental subsides. The bill would require
providers to report specified information to the department,
including the number of participants served and the outcomes for
participants. The bill would also require the department to prepare
an analysis of the information and to annually submit, on or before
February 1, the information and the analysis to the chairs of the
Joint Legislative Budget Committee and other specified committees.
 
   (17) Existing law authorizes the Department of Corrections and
Rehabilitation to maintain and operate a comprehensive pharmacy
services program for facilities under the jurisdiction of the
department and to incorporate certain protocols, including a
requirement for the use of generic medications, when available,
unless an exception is reviewed and approved in accordance with an
established nonformulary approval process.  
   This bill would require the program to incorporate those protocols
and would require the nonformulary process to include a process
whereby a prescriber may indicate on the face of the prescriptions
"dispense as written" or other appropriate form for electronic
prescriptions.  
   (18) Existing law, commencing July 1, 2012, requires the Board of
State and Community Corrections to establish minimum standards for
local correctional facilities. Existing law requires standards for
state correctional facilities to be established by January 1, 2007.
Existing law requires the board to review both of these standards
biennially and make appropriate revisions. Existing law requires that
the standards include standards for the treatment of persons
confined in state and local correctional facilities.  
   This bill would delete the provision requiring the standards for
state correctional facilities to be established and reviewed
biennially, and would remove the requirement that the standards
include standards for the treatment of persons confined in state
correctional facilities, thereby making these provisions applicable
to local correctional facilities only.  
   (19) Existing law provides that it is the duty of the Board of
State and Community Corrections to collect and maintain available
information and data about state and community correctional policies,
practices, capacities, and needs, and to collect and make publicly
available data and information reflecting the impact of state and
community correctional, juvenile justice, and gang-related policies
and practices in this state, as specified.  
   This bill would require, on and after July 1, 2012, the board, in
consultation with the Administrative Office of the Courts, the
California State Association of Counties, the California Sheriffs
Association, and the Chief Probation Officers of California, to
support the development and implementation of specified data
collection instruments to reflect the impact of Chapter 15 of the
Statutes of 2011 relating to the disposition of felony offenders and
postrelease community supervision, and to make any data collected
available on the board's Internet Web site. The bill would also
require the Administrative Office of the Courts, commencing January
1, 2013, to collect information from trial courts regarding the
implementation of that chapter, as specified. The bill would require
the trial courts to provide this data twice a year to the
Administrative Office of the Courts, would authorize the courts to
use funds provided to them for criminal justice realignment for the
purpose of collecting and providing this data, and would require the
office to make the data available to the Department of Finance, the
Board of State and Community Corrections, and the Joint Legislative
Budget Committee by September 1, 2013, and annually thereafter. 

   (20) Existing law requires the Inspector General to be responsible
for contemporaneous oversight of internal affairs investigations and
the disciplinary process of the department, as specified.  

   This bill would require the Inspector General to conduct an
objective, metric-oriented oversight and inspection program to
periodically review delivery of specified reforms relating to the
prison system, including adherence to the standardized staffing model
at each institution and prison gang management.  
   (21) Existing law authorizes the juvenile court to retain
jurisdiction over a ward of the court until the ward attains 21 years
of age, or, if the person has committed certain specified offenses,
until the person attains 25 years of age. Existing law requires the
Juvenile Parole Board to carry out specified duties relating to the
release and supervision on parole of wards from the custody of the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities. Beginning July 1, 2014, existing law eliminates the power
of revocation or suspension of parole as a state duty exercised by
the Juvenile Parole Board, and instead requires the court to
establish the conditions of the ward's supervision and the county of
commitment to supervise a ward released on parole.  
   This bill would end juvenile parole on January 1, 2013, instead of
July 1, 2014, except as specified. By requiring county supervision
of wards on parole to begin earlier, the bill would impose a
state-mandated local program. The bill would also reduce the
jurisdiction of the Department of Corrections and Rehabilitation,
Division of Juvenile Facilities, to 23 years of age for all wards
committed to the division on or after July 1, 2012.  
   Existing law requires, beginning on January 1, 2012, counties to
pay an annual fee of $125,000 for each individual from that county
who is committed to the Department of Corrections and Rehabilitation,
Division of Juvenile Facilities, for the time that the individual
remains in any institution under the division's direct supervision,
or in an institution, boarding home, foster home, or other
institution in which he or she is placed by the division, on parole
or otherwise, and cared for and supported at the expense of the
division.  
   This bill would specify that the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, shall not collect,
and a county shall not owe, those fees, and, beginning on July 1,
2012, would require counties to pay an annual fee of $24,000 per year
for each individual committed by a juvenile court on or after July
1, 2012, to the Department of Corrections and Rehabilitation,
Division of Juvenile Facilities. The bill would also require the
Board of State and Community Corrections to collect and maintain
information about the movement of juvenile offenders committed by a
juvenile court and placed in any institution, boarding home, foster
home, or other institution in which they are cared for, supervised by
the division or county, or both.  
   Existing law authorizes the chief of the Division of Juvenile
Facilities to enter into contracts with counties for the Department
of Corrections and Rehabilitation, Division of Juvenile Facilities to
provide housing to a ward who was in the custody of the Department
of Corrections and Rehabilitation, Division of Juvenile Facilities on
December 12, 2011, and whose commitment was recalled under specific
circumstances.  
   This bill would specify that a county entering into a contract
pursuant to these provisions shall not be required to reimburse the
state.  
   (22) Existing law authorizes the Department of Corrections and
Rehabilitation to extend a ward's parole consideration date from one
to not more than 12 months for a sustained serious misconduct
violation if all other sanctioning options have been considered and
determined to be unsuitable in light of the ward's previous case
history and the circumstances of the misconduct. Existing law
authorizes the department to promulgate regulations establishing a
process for granting wards who have successfully responded to
disciplinary sanctions a reduction of up to 50% of any time acquired
for disciplinary matters.  
   This bill would prohibit the department from extending a ward's
parole consideration date and would authorize the department to
promulgate regulations establishing a process for granting wards who
have successfully responded to disciplinary sanctions a reduction of
any time acquired for disciplinary matters.  
   (23) Existing law establishes the California Voluntary Tattoo
Removal Program to serve individuals between 14 and 24 years of age,
who are in the custody of the Department of Corrections and
Rehabilitation or county probation departments, who are on parole or
probation, or who are in a community-based organization serving
at-risk youth, through a competitive grant process, as specified.
Existing law authorizes the California Emergency Management Agency to
administer this program to the extent funds are appropriated. 

   This bill would instead authorize the Board of State and Community
Corrections to administer the program.  
   (24) Existing law provides for the commitment of persons who are
addicted to narcotics, or who by reason of repeated use of narcotics,
may be in imminent danger of becoming addicted to narcotics, to the
Department of Corrections and Rehabilitation for confinement in the
narcotic detention, treatment, and rehabilitation facility upon the
petition of the district attorney. Existing law provides that a
person may be committed following a conviction of an infraction,
misdemeanor, felony, or probation revocation, or upon a report to the
district attorney by anyone who believes a person is addicted to the
use of narcotics, or upon an examination by a physician who
determines that the person is addicted to narcotics, as provided.
 
   Commencing July 1, 2012, this bill would provide that no new
commitments may be made pursuant to these provisions. This bill would
make these provisions inoperative on April 1, 2014, and would repeal
these provisions on January 1, 2015.  
   Existing law requires a person involuntarily committed pursuant to
the above provisions to be released on parole once the person has
spent a period of confinement or in custody equal to that which he or
she would have otherwise spent in state prison had the sentence been
executed. Existing law requires that upon the termination of the
period of parole the person shall be returned to the court from which
he or she was committed to be discharged from the program. 

   This bill would require the person to be returned to the court for
discharge from the program pursuant to the above provisions either
at the end of parole supervision or July 1, 2013, whichever occurs
sooner. If the person is serving a term of revocation or obtaining
substance abuse treatment on July 1, 2013, the bill would require the
person to complete the term of treatment in the California
Rehabilitation Center. Beginning July 1, 2012, the bill would
prohibit a person committed pursuant to the above provisions and
discharged from the California Rehabilitation Center from being
placed on a period of parole. Beginning July 1, 2013, the bill would
require that any person on parole pursuant to the above provisions
that is not serving a term of revocation or in the custody of the
Department of Corrections and Rehabilitation to be discharged from
parole and returned                                             to
the court that suspended execution of the person's sentence. 

   (25) The bill would also make technical, clarifying, and
conforming changes.  
   (26) 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.  
   (27) The bill would appropriate $1,000 from the General Fund to
the Department of Corrections and Rehabilitation for administration.
 
   (28)This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
 
   This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2012. 
   Vote: majority. Appropriation:  no   yes
 . Fiscal committee:  no   yes  .
State-mandated local program:  no   yes  .


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

   SECTION 1.    Section 367.6 of the   Code of
Civil Procedure   , as added by Section 3 of Chapter 720 of
the Statutes of 2010,   is amended to read: 
   367.6.  (a) On or before July 1, 2011, the Judicial Council shall
establish statewide, uniform fees to be paid by a party for appearing
by telephone, which shall supersede any fees paid to vendors and
courts under  any previously  existing agreements and
procedures. The fees to be paid for telephone appearances shall
include:
   (1) A fee for providing the telephone appearance service pursuant
to a timely request to the vendor or court.
   (2) An additional fee for providing services if the request is
made shortly before the hearing, as defined by the Judicial Council.
   (3) A fee for canceling a telephone appearance request.
   (b) If a party has received a waiver of fees pursuant to Article 6
(commencing with Section 68630) of Chapter 2 of Title 8 of the
Government Code, neither a vendor nor a court shall charge that party
any of the fees authorized by this section, subject to the
following:
   (1) The vendor or court that provides the telephone appearance
service shall have a lien, as provided by rule of court, on any
judgment, including a judgment for costs, that the party may receive,
in the amount of the fee that the party would have paid for the
telephone appearance.
   (2) If the vendor or court later receives a fee or a portion of a
fee for appearance by telephone that was previously waived, that fee
shall be distributed consistent with Section 72011 of the Government
Code.
   (c) The fee described in this section shall be a recoverable cost
under Section 1033.5 of the Code of Civil Procedure. 
   (d) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.

   SEC. 2.    Section 367.6 of the   Code of
Civil Procedure   , as added by Section 4 of Chapter 720 of
  the Statutes of 2010, is repealed.  
   367.6.  (a) On or before July 1, 2011, the Judicial Council shall
establish statewide, uniform fees to be paid by a party for appearing
by telephone, which shall supersede any fees paid to vendors and
courts under existing agreements and procedures. The fees to be paid
for telephone appearances shall include:
   (1) A fee for providing the telephone appearance service pursuant
to a timely request to the vendor or court.
   (2) An additional fee for providing services if the request is
made shortly before the hearing, as defined by the Judicial Council.
   (3) A fee for canceling a telephone appearance request.
   (b) If a party has received a waiver of fees pursuant to Article 6
(commencing with Section 68630) of Chapter 2 of Title 8 of the
Government Code, neither a vendor nor a court shall charge that party
any of the fees authorized by this section, however, the vendor or
court that provides the telephone appearance service shall have a
lien, as provided by rule of court, on any judgment, including a
judgment for costs, that the party may receive, in the amount of the
fee that the party would have paid for the telephone appearance.
   (c) The fee described in this section shall be a recoverable cost
under section 1033.5 of the Code of Civil Procedure.
   (d) This section shall become operative on July 1, 2013. 

   SEC. 3.    Section 631 of the   Code of
Civil Procedure   is amended to read: 
   631.  (a) The right to a trial by jury as declared by Section 16
of Article I of the California Constitution shall be preserved to the
parties inviolate. In civil cases, a jury may only be waived
pursuant to subdivision  (d)   (f)  .
   (b) Each party demanding a jury trial shall deposit advance jury
fees with the clerk or judge. The total amount of the advance jury
fees  may not exceed   shall be  one
hundred fifty dollars ($150) for each party.  The deposit
shall be made at least 25 calendar days before the date initially set
for trial, except that in unlawful detainer actions the fees shall
be deposited at least five days before the date set for trial.
 
   (c) The advance jury fee deposit shall be made on or before the
date scheduled for the initial case management conference in the
action. If no case management conference is scheduled in a civil
action, the advance jury deposit shall be made no later than 365
calendar days after the filing of the initial complaint. If the party
has not appeared before the initial case management conference or
has appeared more than 365 calendar days after the filing of the
initial complaint, the deposit shall be made as provided in
subdivision (d).  
   (d) Except as otherwise provided in subdivision (c), the deposit
of advance jury fees shall be made at least 25 calendar days before
the date initially set for trial, except that in unlawful detainer
actions the fees shall be deposited at least five days before the
date set for trial.  
   (c) 
    (e)  The parties demanding a jury trial shall deposit
with the clerk or judge, at the beginning of the second and each
succeeding day's session, a sum equal to that day's fees and mileage
of the jury, including the fees and mileage for the trial jury panel
if the trial jury has not yet been selected and sworn. If more than
one party has demanded a jury, the respective amount to be paid daily
by each party demanding a jury shall be determined by stipulation of
the parties or by order of the court. 
   (d) 
    (f)  A party waives trial by jury in any of the
following ways:
   (1) By failing to appear at the trial.
   (2) By written consent filed with the clerk or judge.
   (3) By oral consent, in open court, entered in the minutes.
   (4) By failing to announce that a jury is required, at the time
the cause is first set for trial, if it is set upon notice or
stipulation, or within five days after notice of setting if it is set
without notice or stipulation.
   (5) By failing to deposit with the clerk, or judge, advance jury
fees as provided in subdivision  (b)   (c) or
(d), as applicable  .
   (6) By failing to deposit with the clerk or judge, at the
beginning of the second and each succeeding day's session, the sum
provided in subdivision  (c)   (e)  .

   (e) 
    (g)  The court may, in its discretion upon just terms,
allow a trial by jury although there may have been a waiver of a
trial by jury. 
   (h) The court shall transmit the advance jury fees to the State
Treasury for deposit in the Trial Court Trust Fund within 45 calendar
days after the end of the month in which the advance jury fees are
deposited with the court.  
   (i) Advance jury fees deposited after the effective date of the
act that amended this section during the 2011-12 Regular Session
shall be nonrefundable. 
   SEC. 4.    Section 631.3 of the   Code of
Civil Procedure   is amended to read: 
   631.3.   (a)    Notwithstanding any other
 provision of  law, when a party to the litigation
has deposited jury fees with the judge or clerk and that party waives
a jury or obtains a continuance of the trial, or the case is
settled, none of the deposit shall be refunded if the court finds
there has been insufficient time to notify the jurors that the trial
would not proceed at the time set. If the jury fees so deposited are
not refunded for  the   any of these 
reasons  herein specified  , or if a refund of jury
fees deposited with the judge or clerk has not been requested, in
writing, by the depositing party within 20 business days from the
date on which the jury is waived or the action is settled, dismissed,
or a continuance thereof granted, the fees shall be transmitted to
the Controller for deposit into the Trial Court Trust Fund. 
All 
    (b)     All  jury fees and mileage
fees that may accrue by reason of a juror serving on more than one
case in the same day shall be transmitted to the Controller for
deposit into the Trial Court Trust Fund. All jury fees that were
deposited with the court in advance of trial pursuant to Section 631
prior to January 1, 1999, and  which   that
 remain on deposit in cases that were settled, dismissed, or
otherwise disposed of, and three years have passed since the date the
case was settled, dismissed, or otherwise disposed of, shall be
transmitted to the Controller for deposit into the Trial Court Trust
Fund. 
   (c) Advance jury fees deposited after the effective date of the
act that amended this section during the 2011-12 Regular Session
shall be nonrefundable. 
   SEC. 5.    Section 53086 of the   Education
Code   is amended to read: 
   53086.  (a) There is in the department the California Career
Resource Network Program, formerly called the California Occupational
Information Coordinating Committee. This program is established for
the purposes of Section 2328 of Title 20 of the United States Code,
for the purposes of this article, and for other purposes authorized
by the Legislature.
   (b) The mission of the program is to provide all persons in
California with career development information and resources to
enable them to reach their career goals.
   (c) The primary duty of the program is to distribute career
information, resources, and training materials to middle school and
high school counselors, educators, and administrators, in order to
ensure that middle schools and high schools have the necessary
information available to provide a pupil with guidance and
instruction on education and job requirements necessary for career
development.
   (d) Information and resources distributed by the program shall
provide all of the following:
   (1) Encouragement to completing a secondary education.
   (2) Career exploration tools, provided in written and multimedia
format, that offer an introduction to the nature of career planning,
self-assessment, methods of investigating the work world, methods of
identifying and meeting education and training needs, and methods of
creating a career action plan.
   (3) Relevant information on the labor market and career
opportunities.
   (4) Assistance to a pupil in the acquisition and development of
career competencies including the appropriate skills, attitudes, and
knowledge to allow a pupil to successfully manage his or her career.
   (e) (1) There is hereby established the State Agency Partners
Committee composed of the following members or their designees:
   (A) The Director of Employment Development.
   (B) The Superintendent of Public Instruction.
   (C) The Chancellor of the California Community Colleges.
   (D) The Director of Rehabilitation.
   (E) The Director of Social Services.
   (F) The Executive Director of the California Workforce Investment
Board.
   (G) The  Chief Deputy Secretary for Adult Operations of
  Director of the Division of Adult Institutions in
 the Department of Corrections and Rehabilitation.
   (H) The  Chief Deputy Secretary of Juvenile Justice
  Director of the Division of Juvenile Justice  in
the Department of Corrections and Rehabilitation.
   (I) The Director of Developmental Services.
   (2) The State Agency Partners Committee shall coordinate the use
of network information and resources in programs that are implemented
by the entities that the members of the committee represent.
   (f) The program shall perform its duties only upon funding
provided in the annual Budget Act.
   SEC. 6.    Section 11011.28 is added to the 
 Government Code   , to read:  
   11011.28.  (a) The Director of General Services may sell or lease,
pursuant to Section 11011.1, at market value based upon an appraisal
approved by the Department of General Services, to the County of Los
Angeles, upon those terms and conditions and subject to those
reservations and exceptions the director determines are in the best
interests of the state, all or any part of the following real
property, by January 1, 2015, after which date, if the property has
not been sold to the county, the director may sell to any other party
other than the County of Los Angeles, at market value through a
competitive bid process:
   Approximately 27 acres of property, known as the Southern Youth
Correctional Reception Center and Clinic, currently controlled by the
California Department of Corrections and Rehabilitation, located at
13200 South Bloomfield Avenue, Norwalk, in the County of Los Angeles.

   (b) To the extent bonds issued by the State Public Works Board
involve the property to be sold or leased pursuant to this section,
all issuer- and trustee-related costs associated with the review of
any proposed sale or lease, together with the costs related to the
defeasance or retirement of any bonds, which may include the cost of
nationally recognized bond counsel, shall be paid from the proceeds
of any sale or lease authorized by this section. 
   SEC. 7.    Section 11552 of the   Government
Code   is amended to read: 
   11552.  (a) Effective January 1, 1988, an annual salary of
eighty-five thousand four hundred two dollars ($85,402) shall be paid
to each of the following:
   (1) Commissioner of Financial Institutions.
   (2) Commissioner of Corporations.
   (3) Director of Transportation.
   (4) Real Estate Commissioner.
   (5) Director of Social Services.
   (6) Director of Water Resources. 
   (7) Chief Deputy Secretary for Adult Operations of the Department
of Corrections and Rehabilitation.  
   (8) 
    (7)  Director of General Services. 
   (9) 
    (8)  Director of Motor Vehicles. 
   (10) Chief Deputy Secretary for Juvenile Justice in the Department
of Corrections and Rehabilitation.  
   (11) 
    (9)  Executive Officer of the Franchise Tax Board.

   (12) 
    (10)  Director of Employment Development. 
   (13) 
    (11)  Director of Alcoholic Beverage Control. 
   (14) 
    (12)  Director of Housing and Community Development.

   (15) 
    (13)  Director of Alcohol and Drug Programs. 
   (16) 
    (14)  Director of Statewide Health Planning and
Development. 
   (17) 
    (15)  Director of the Department of Personnel
Administration. 
   (18) 
    (16)  Director of Health Care Services. 
   (19) 
    (17)  Director of Mental Health. 
   (20) 
    (18)  Director of Developmental Services. 
   (21) 
    (19)  State Public Defender. 
   (22) 
    (20)  Director of the California State Lottery. 

   (23) 
    (21)  Director of Fish and Game. 
   (24) 
    (22)  Director of Parks and Recreation. 
   (25) 
    (23) Director of Rehabilitation. 
   (26) 
    (24)  Director of the Office of Administrative Law.

   (27) 
    (25)  Director of Consumer Affairs. 
   (28) 
    (26)  Director of Forestry and Fire Protection. 

   (29) 
    (27)  The Inspector General pursuant to Section 6125 of
the Penal Code. 
   (30) 
    (28)  Director of Child Support Services. 
   (31) 
    (29)  Director of Industrial Relations. 
   (32) Chief Deputy Secretary for Adult Programs in the Department
of Corrections and Rehabilitation.  
   (33) 
    (30)  Director of Toxic Substances Control. 
   (34) 
    (31)  Director of Pesticide Regulation. 
   (35) 
    (32)  Director of Managed Health Care. 
   (36) 
    (33)  Director of Environmental Health Hazard
Assessment. 
   (37) 
    (34)  Director of Technology. 
   (38) 
    (35)  Director of California Bay-Delta Authority.

   (39) 
    (36)  Director of California Conservation Corps.
   (b) The annual compensation provided by this section shall be
increased in any fiscal year in which a general salary increase is
provided for state employees. The amount of the increase provided by
this section shall be comparable to, but shall not exceed, the
percentage of the general salary increases provided for state
employees during that fiscal year.
   SEC. 8.    Section 12838 of the   Government
Code   is amended to read: 
   12838.  (a) There is hereby created in state government the
Department of Corrections and Rehabilitation, to be headed by a
secretary, who shall be appointed by the Governor, subject to Senate
confirmation, and shall serve at the pleasure of the Governor. The
Department of Corrections and Rehabilitation shall consist of Adult
Operations, Adult Programs, Juvenile Justice, the Corrections
Standards Authority, the Board of Parole Hearings, the State
Commission on Juvenile Justice, the Prison Industry Authority, and
the Prison Industry Board.
   (b) The Governor, upon recommendation of the secretary, may
appoint two undersecretaries of the Department of Corrections and
Rehabilitation, subject to Senate confirmation. The undersecretaries
shall hold office at the pleasure of the Governor. One undersecretary
shall oversee  program support   administration
and offender services  and the other undersecretary shall
oversee  program  operations for the department.

   (c) The Governor, upon recommendation of the secretary, shall
appoint three chief deputy secretaries, subject to Senate
confirmation, who shall hold office at the pleasure of the Governor.
One chief deputy secretary shall oversee adult operations, one chief
deputy secretary shall oversee adult programs, and one chief deputy
secretary shall oversee juvenile justice for the department.
 
   (d) The Governor, upon recommendation of the secretary, shall
appoint an assistant secretary, subject to Senate confirmation, who
shall be responsible for health care policy for the department, and
shall serve at the pleasure of the Governor.  
   (e) 
    (c)  The Governor, upon recommendation of the secretary,
shall appoint  an Assistant Secretary   a Chief
 for  the Office of  Victim  and Survivor
Rights and  Services, and  an Assistant Secretary
  a Chief  for  the Office of 
Correctional Safety,  who   both of whom 
shall serve at the pleasure of the Governor.
   SEC. 9.    Section 12838.1 of the   
 Government Code   is amended to read: 
   12838.1.   (a) There is hereby created within the Department
of Corrections and Rehabilitation, under the Undersecretary for
Administration and Offender Services, the following divisions: 

   (1) The Division of Enterprise Information Services, the Division
of Health Care Services, the Division of Facility Planning,
Construction, and Management, and the Division of Administrative
Services. Each division shall be headed by a director, who shall be
appointed by the Governor, upon recommendation of the secretary,
subject to Senate confirmation, who shall serve at the pleasure of
the Governor.  
   (2) The Division of Internal Oversight and Research. This division
shall be headed by a director, who shall be appointed by the
Governor, upon recommendation of the secretary, who shall serve at
the pleasure of the Governor  
   (a) 
    (b)  There is hereby created within the Department of
Corrections and Rehabilitation, under the  Chief Deputy
Secretary for Adult Operations   Undersecretary for
Operations  , the Division of Adult Institutions  and
  ,  the Division of Adult Parole Operations  ,
the Division of Juvenile Justice, and the Division of Rehabilitative
Programs  . Each division shall be headed by a 
division chief   director  , who shall be appointed
by the Governor, upon recommendation of the secretary, subject to
Senate confirmation, who shall serve at the pleasure of the Governor.

   (b) 
    (c)  The Governor shall, upon recommendation of the
secretary, appoint  five   four 
subordinate officers to the  Chief of the  Division
of Adult Institutions, subject to Senate confirmation, who shall
serve at the pleasure of the Governor. Each subordinate officer
appointed pursuant to this subdivision shall oversee an identified
category of adult institutions, one of which shall be female offender
facilities. 
   (d) (1) Unless the context clearly requires otherwise, whenever
the term "Chief Deputy Secretary for Adult Operations" appears in any
statute, regulation, or contract, it shall be construed to refer to
the Director of the Division of Adult Institutions.  
   (2) Unless the context clearly requires otherwise, whenever the
term "Chief Deputy Secretary for Adult Programs" appears in any
statute, regulation, or contract, it shall be construed to refer to
the Director of the Division of Rehabilitative Programs.  
   (3) Unless the context clearly requires otherwise, whenever the
term "Chief Deputy Secretary for Juvenile Justice" appears in any
statute, regulation, or contract, it shall be construed to refer to
the Director of the Division of Juvenile Justice. 
   SEC. 10.    Section 12838.2 of the   
 Government Code   is repealed.  
   12838.2.  There is hereby created within the Department of
Corrections and Rehabilitation, under the Chief Deputy Secretary for
Adult Programs, the Division of Community Partnerships, the Division
of Education, Vocations and Offender Programs, and the Division of
Correctional Health Care Services. Each division shall be headed by a
chief who shall be appointed by the Governor, at the recommendation
of the secretary, subject to Senate confirmation, who shall serve at
the pleasure of the Governor. 
   SEC. 11.    Section 12838.3 of the   
 Government Code   is repealed.  
   12838.3.  There is hereby created within the Department of
Corrections and Rehabilitation under the Chief Deputy Secretary for
Juvenile Justice, the Division of Juvenile Facilities, the Division
of Juvenile Programs, and the Division of Juvenile Parole Operations.
Each division shall be headed by a chief, who shall be appointed by
the Governor, at the recommendation of the secretary, subject to
Senate confirmation, who shall serve at the pleasure of the Governor.

   SEC. 12.    Section 12838.14 is added to the 
 Government Code   , to read:  
   12838.14.  (a) Notwithstanding any other provision of law, money
recovered by the Department of Corrections and Rehabilitation from a
union paid leave settlement agreement shall be credited to the fiscal
year in which the recovered money is received. An amount not to
exceed the amount of the money received shall be available for
expenditure to the Department of Corrections and Rehabilitation for
the fiscal year in which the recovered money is received, upon
approval of the Department of Finance. If this statute is enacted on
or after July 1, 2012, any money received prior to July 1, 2012, for
purposes of this section, shall be available for expenditure for the
2012-13 fiscal year.
   (b) The Department of Corrections and Rehabilitation shall
identify and report the total amount collected annually to the
Department of Finance.
   (c) This section shall become inoperative on June 30, 2021, and,
as of January 1, January 1, 2022, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2022,
deletes or extends the dates on which it becomes inoperative and is
repealed. 
   SEC. 13.    Section 21221 of the  
Government Code   is amended to read: 
   21221.  A retired person may serve without reinstatement from
retirement or loss or interruption of benefits provided by this
system, as follows:
   (a) As a member of any board, commission, or advisory committee,
upon appointment by the Governor, the Speaker of the Assembly, the
President pro Tempore of the Senate, director of a state department,
or the governing board of the contracting agency. However, the
appointment shall not be deemed employment within the meaning of
Division 4 (commencing with Section 3200) and Division 4.5
(commencing with Section 6100) of the Labor Code, and shall not
provide a basis for the payment of workers' compensation to a retired
state employee or to his or her dependents.
   (b) As a school crossing guard.
   (c) As a juror or election officer.
   (d) As an elective officer on and after September 15, 1961.
However, all rights and immunities which may have accrued under
Section 21229 as it read prior to that section's repeal during the
1969 Regular Session of the Legislature are hereby preserved.
   (e) As an appointive member of the governing body of a contracting
agency. However, the compensation for that office shall not exceed
one hundred dollars ($100) per month.
   (f) Upon appointment by the Legislature, or either house, or a
legislative committee to a position deemed by the appointing power to
be temporary in nature.
   (g) Upon employment by a contracting agency to a position found by
the governing body, by resolution, to be available because of a
leave of absence granted to a person on payroll status for a period
not to exceed one year and found by the governing body to require
specialized skills. The temporary employment shall be terminated at
the end of the leave of absence. Appointments under this section
shall be reported to the board and shall be accompanied by the
resolution adopted by the governing body.
   (h) Upon interim appointment by the governing body of a
contracting agency to a vacant position during recruitment for a
permanent appointment and deemed by the governing body to require
specialized skills or during an emergency to prevent stoppage of
public business.  A retired person shall only be appointed once
to this                                                 vacant
position.  These appointments, including any made 
concurrently  pursuant to Section 21224 or 21229, shall not
exceed a  combined  total  for all employers
 of 960 hours  in any   for all
employers each  fiscal year. The compensation for the interim
appointment shall not exceed the maximum  published 
 monthly base salary paid to other employees performing
comparable duties as listed on a publicly available  pay
schedule for the vacant position  divided by 173.333 to equal an
hourly rate  .  When an appointment is expected to, or
will, exceed 960 hours in any fiscal year, the governing body shall
request approval from the board to extend the temporary employment.
The governing body shall present a resolution to the board requesting
action to allow or disallow the employment extension. The resolution
shall be presented prior to the expiration of the 960-hour maximum
for the fiscal year. The appointment shall continue until
notification of the board's decision is received by the governing
body. The appointment shall be deemed approved if the board fails to
take action within 60 days of receiving the request. Appointments
under this subdivision may not exceed a total of 12 months. The
governing body of a contracting agency shall appoint a retired person
only once under this subdivision. The interim appointment made under
this subdivision shall not continue under Section 21224 or 21229
after the 12 months.   A retired person appointed to a
vacant position pursuant to this section shall not receive any
benefits, incentives, compensation in lieu of benefits, or any other
forms of compensation in addition to the hourly rate. A retired
annuitant appointed pursuant to this section shall not work more than
960 hours each fiscal year regardless of whether he or she works for
one or more employers. 
   (i) Upon appointment by the Administrative Director of the Courts
to the position of Court Security Coordinator, a position deemed
temporary in nature and requiring the specialized skills and
experience of a retired professional peace officer.
   SEC. 14.    Section 21224 of the  
Government Code   is amended to read: 
   21224.  (a) A retired person may serve without reinstatement from
retirement or loss or interruption of benefits provided by this
system upon  temporary  appointment by the
appointing power of a state agency or public agency employer either
during an emergency to prevent stoppage of public business or because
the retired  employee   person  has
specialized skills needed in performing work of limited duration.
These appointments shall not exceed a  combined  total 
of 960 hours  for all employers  of 960 hours in any
fiscal year, and the rate of pay for the employment shall not be less
than the minimum, nor exceed that paid by the employer to other
employees performing comparable duties   each fiscal
year  .  The compensation for the appointment shall not
exceed the maximum monthly base   salary paid to other
employees performing comparable duties as listed on a publicly
available pay schedule divided by 173.333 to equal an hourly rate. A
retired person appointed pursuant to this section shall not receive
any benefit, incentive, compensation in lieu of benefits, or other
form of compensation in addition to the hourly pay rate. A retired
annuitant appointed pursuant   to this section shall not
work more than 960 hours each fiscal year regardless of whether he or
she works for one or more employers. 
   (b) (1) This section shall not apply to any retired person
otherwise eligible if during the 12-month period prior to an
appointment described in this section the retired person received any
unemployment insurance compensation arising out of prior employment
subject to this section with the same employer.
   (2) A retired person who accepts an appointment after receiving
unemployment insurance compensation as described in this subdivision
shall terminate that employment on the last day of the current pay
period and shall not be eligible for reappointment subject to this
section for a period of 12 months following the last day of
employment. The retired person shall not be subject to Section 21202
or subdivision (b) of Section 21220.
   SEC. 15.    Section 21229 of the  
Government Code   is amended to read: 
   21229.  (a) A retired person may serve without reinstatement from
retirement or loss or interruption of benefits provided by this
system upon  temporary  appointment by a school
employer or by the Trustees of the California State University either
during an emergency to prevent stoppage of public business or
because the retired  employee   person  has
specialized skills needed in performing work of limited duration
 , if that service does not exceed, in a fiscal year, a total
of 960 hours for all employers. The retired person's rate of pay for
this employment shall not be less than the minimum, nor exceed that
paid by the employer to other employees performing comparable duties
 .  These appointments shall not exceed a combined total
of 960 hours for all employers each fiscal year. The compensation
for the appointment shall not exceed the maximum monthly base salary
paid to other employees performing comparable duties as listed on a
publicly available pay schedule divided by 173.333 to equal an hourly
rate. A retired person appointed pursuant to this section shall not
receive any benefits, incentives, compensation in lieu of benefits,
or other forms of compensation in addition to the hourly rate. A
retired annuitant appointed pursuant to this section shall not work
more than 960 hours each fiscal year regardless of whether he or she
works for one or more employers. 
   (b) (1) This section shall not apply to a retired person otherwise
eligible to serve without reinstatement from retirement, if during
the 12-month period prior to an appointment described in this
section, that retired person receives unemployment insurance
compensation arising out of prior employment subject to this section
with the same employer.
   (2) A retired person who accepts an appointment after receiving
unemployment insurance compensation as described in this subdivision
shall terminate that employment on the last day of the current pay
period and shall not be eligible for reappointment subject to this
section for a period of 12 months following the last day of
employment. The retired person shall not be subject to Section 21202
or subdivision (b) of Section 21220.
   SEC. 16.    Section 68085 of the  
Government Code   is amended to read: 
   68085.  (a) (1) There is hereby established the Trial Court Trust
Fund, the proceeds of which shall be apportioned for the purposes
authorized in this section, including apportionment to the trial
courts to fund trial court operations, as defined in Section 77003.
   (2) The apportionment payments shall be made by the Controller.
The final payment from the Trial Court Trust Fund for each fiscal
year shall be made on or before August 31 of the subsequent fiscal
year.
   (A) Notwithstanding any other provision of law, in order to
promote statewide efficiency, the Judicial Council may authorize the
direct payment or reimbursement or both of actual costs from the
Trial Court Trust Fund or the  State  Trial Court
Improvement  and Modernization  Fund to fund the costs of
operating one or more trial courts upon the  consent of
  authorization of the  participating courts. These
paid or reimbursed costs may be for services provided to the court
or courts by the Administrative Office of the Courts or payment for
services or property of any kind contracted for by the court or
courts or on behalf of the courts by the Administrative Office of the
Courts. The amount of appropriations from the  State  Trial
Court Improvement  and Modernization  Fund under this
subdivision may not exceed 20 percent of the amount deposited in the
 State  Trial Court Improvement  and Modernization 
Fund pursuant to subdivision (a) of Section 77205. The direct
payment or reimbursement of costs from the Trial Court Trust Fund may
be supported by the reduction of a participating court's allocation
from the Trial Court Trust Fund to the extent that the court's
expenditures for the program are reduced and the court is supported
by the expenditure. The Judicial Council shall provide the affected
trial courts with quarterly reports on expenditures from the Trial
Court Trust Fund incurred as authorized by this subdivision. The
Judicial Council shall establish procedures to provide for the
administration of this paragraph in a way that promotes the
effective, efficient, reliable, and accountable operation of the
trial courts.
   (B) As used in subparagraph (A), the term "costs of operating one
or more trial courts" includes any expenses related to operation of
the court or performance of its functions, including, but not limited
to, statewide administrative and information technology
infrastructure supporting the courts. The term "costs of operating
one or more trial courts" is not restricted to items considered
"court operations" pursuant to Section 77003, but is subject to
policies, procedures, and criteria established by the Judicial
Council, and may not include an item that is a cost that must
otherwise be paid by the county or city and county in which the court
is located.
   (b) Notwithstanding any other provision of law, the fees listed in
subdivision (c) shall all be deposited upon collection in a special
account in the county treasury, and transmitted monthly to the State
Treasury for deposit in the Trial Court Trust Fund.
   (c) (1) Except as specified in subdivision (d), this section
applies to all fees collected on or before December 31, 2005,
pursuant to Sections 631.3, 116.230, and 403.060 of the Code of Civil
Procedure and Sections 26820.4, 26823, 26826, 26826.01, 26827,
26827.4, 26830, 26832.1, 26833.1, 26835.1, 26836.1, 26837.1, 26838,
26850.1, 26851.1, 26852.1, 26853.1, 26855.4, 26862, 68086, 72055,
72056, 72056.01, and 72060.
   (2) Notwithstanding any other provision of law, except as
specified in subdivision (d) of this section and subdivision (a) of
Section 68085.7, this section applies to all fees and fines collected
on or before December 31, 2005, pursuant to Sections 116.390,
116.570, 116.760, 116.860, 177.5, 491.150, 704.750, 708.160, 724.100,
1134, 1161.2, and 1218 of the Code of Civil Procedure, Sections
26824, 26828, 26829, 26834, and 72059 of the Government Code, and
subdivisions (b) and (c) of Section 166 and Section 1214.1 of the
Penal Code.
   (3) If any of the fees provided for in this subdivision are
partially waived by court order, and the fee is to be divided between
the Trial Court Trust Fund and any other fund, the amount of the
partial waiver shall be deducted from the amount to be distributed to
each fund in the same proportion as the amount of each distribution
bears to the total amount of the fee.
   (d) This section does not apply to that portion of a filing fee
collected pursuant to Section 26820.4, 26826, 26827, 72055, or 72056
that is allocated for dispute resolution pursuant to Section 470.3 of
the Business and Professions Code, the county law library pursuant
to Section 6320 of the Business and Professions Code, the Judges'
Retirement Fund pursuant to Section 26822.3, automated recordkeeping
or conversion to micrographics pursuant to Sections 26863 and
68090.7, and courthouse financing pursuant to Section 76238. This
section also does not apply to fees collected pursuant to
subdivisions (a) and (c) of Section 27361.
   (e) This section applies to all payments required to be made to
the State Treasury by any county or city and county pursuant to
Section 77201, 77201.1, or 77205.
   (f) Notwithstanding any other provision of law, no agency may take
action to change the amounts allocated to any of the funds described
in subdivision (a), (b), (c), or (d).
   (g)  The Judicial Council shall reimburse the Controller for the
actual administrative costs that will be incurred under this section.
Costs reimbursed under this section shall be determined on an annual
basis in consultation with the Judicial Council.
   (h) Any amounts required to be transmitted by a county or city and
county to the state pursuant to this section shall be remitted to
the State Treasury no later than 45 days after the end of the month
in which the fees were collected. This remittance shall be
accompanied by a remittance advice identifying the collection month
and the appropriate account in the Trial Court Trust Fund to which it
is to be deposited. Any remittance that is not made by the county or
city and county in accordance with this section shall be considered
delinquent, and subject to the interest and penalties specified in
this section.
   (i) Upon receipt of any delinquent payment required pursuant to
this section, the Controller shall do the following:
   (1) Calculate interest on the delinquent payment by multiplying
the amount of the delinquent payment at a daily rate equivalent to
the rate of return of money deposited in the Local Agency Investment
Fund pursuant to Section 16429.1 from the date the payment was
originally due to either 30 days after the date of the issuance by
the Controller of the final audit report concerning the failure to
pay or the date of payment by the entity responsible for the
delinquent payment, whichever comes first.
   (2) Calculate a penalty at a daily rate equivalent to 11/2 percent
per month from the date 30 days after the date of the issuance by
the Controller of the final audit report concerning the failure to
pay.
   (j) (1) Interest or penalty amounts calculated pursuant to
subdivision (i) shall be paid by the county, city and county, or
court to the Trial Court Trust Fund no later than 45 days after the
end of the month in which the interest or penalty was calculated.
Payment shall be made by the entity responsible for the error or
other action that caused the failure to pay, as determined by the
Controller in notice given to that party by the Controller.
   (2) Notwithstanding Section 77009, any interest or penalty on a
delinquent payment that a court is required to make pursuant to this
section and Section 24353 shall be paid from the Trial Court
Operations Fund for that court.
   (3) The Controller may permit a county, city and county, or court
to pay the interest or penalty amounts according to a payment
schedule in the event of a large interest or penalty amount that
causes a hardship to the paying entity.
   (4) The party responsible for the error or other action that
caused the failure to pay may include, but is not limited to, the
party that collected the funds who is not the party responsible for
remitting the funds to the Trial Court Trust Fund, if the collecting
party failed or delayed in providing the remitting party with
sufficient information needed by the remitting party to distribute
the funds.
   (k) The Trial Court Trust Fund shall be invested in the Surplus
Money Investment Fund and all interest earned shall be allocated to
the Trial Court Trust Fund quarterly and shall be allocated among the
courts in accordance with the requirements of subdivision (a).
 The specific allocations shall be specified by the Judicial
Council. 
   (l) It is the intent of the Legislature that the revenues required
to be deposited into the Trial Court Trust Fund be remitted as soon
after collection by the courts as possible.
   (m) Except for subdivisions (a) and (k), this section does not
apply to fees and fines that are listed in subdivision (a) of Section
68085.1 that are collected on or after January 1, 2006.
   (n) The changes made to subdivisions (i) and (j) of this section
by the act adding this subdivision shall apply to all delinquent
payments for which no final audit has been issued by the Controller
prior to January 1, 2008. 
   (o) The Judicial Council shall not expend any of these funds on
the system known as the Court Case Management System without consent
from the Legislature, except for the maintenance and operation of
Court Case Management System Version 2 and Version 3.  
   (p) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date. 
   SEC. 17.    Section 68085 is added to the  
Government Code   , to read:  
   68085.  (a) (1) There is hereby established the Trial Court Trust
Fund, the proceeds of which shall be apportioned for the purposes
authorized in this section, including apportionment to the trial
courts to fund trial court operations, as defined in Section 77003.
   (2) The apportionment payments shall be made by the Controller.
The final payment from the Trial Court Trust Fund for each fiscal
year shall be made on or before August 31 of the subsequent fiscal
year.
   (A) Notwithstanding any other provision of law, in order to
promote statewide efficiency, the Judicial Council may authorize the
direct payment or reimbursement or both of actual costs from the
Trial Court Trust Fund or the State Trial Court Improvement and
Modernization Fund to fund the costs of operating one or more trial
courts upon the authorization of the participating courts. These paid
or reimbursed costs may be for services provided to the court or
courts by the Administrative Office of the Courts or payment for
services or property of any kind contracted for by the court or
courts or on behalf of the courts by the Administrative Office of the
Courts. The amount of appropriations from the State Trial Court
Improvement and Modernization Fund under this subdivision may not
exceed 20 percent of the amount deposited in the State Trial Court
Improvement and Modernization Fund pursuant to subdivision (a) of
Section 77205. The direct payment or reimbursement of costs from the
Trial Court Trust Fund may be supported by the reduction of a
participating court's allocation from the Trial Court Trust Fund to
the extent that the court's expenditures for the program are reduced
and the court is supported by the expenditure. The Judicial Council
shall provide the affected trial courts with quarterly reports on
expenditures from the Trial Court Trust Fund incurred as authorized
by this subdivision. The Judicial Council shall establish procedures
to provide for the administration of this paragraph in a way that
promotes the effective, efficient, reliable, and accountable
operation of the trial courts.
   (B) As used in subparagraph (A), the term "costs of operating one
or more trial courts" includes any expenses related to operation of
the court or performance of its functions, including, but not limited
to, statewide administrative and information technology
infrastructure supporting the courts. The term "costs of operating
one or more trial courts" is not restricted to items considered
"court operations" pursuant to Section 77003, but is subject to
policies, procedures, and criteria established by the Judicial
Council, and may not include an item that is a cost that must
otherwise be paid by the county or city and county in which the court
is located.
   (b) Notwithstanding any other provision of law, the fees listed in
subdivision (c) shall all be deposited upon collection in a special
account in the county treasury, and transmitted monthly to the State
Treasury for deposit in the Trial Court Trust Fund.
   (c) (1) Except as specified in subdivision (d), this section
applies to all fees collected on or before December 31, 2005,
pursuant to Sections 631.3, 116.230, and 403.060 of the Code of Civil
Procedure and Sections 26820.4, 26823, 26826, 26826.01, 26827,
26827.4, 26830, 26832.1, 26833.1, 26835.1, 26836.1, 26837.1, 26838,
26850.1, 26851.1, 26852.1, 26853.1, 26855.4, 26862, 68086, 72055,
72056, 72056.01, and 72060.
   (2) Notwithstanding any other provision of law, except as
specified in subdivision (d) of this section and subdivision (a) of
Section 68085.7, this section applies to all fees and fines collected
on or before December 31, 2005, pursuant to Sections 116.390,
116.570, 116.760, 116.860, 177.5, 491.150, 704.750, 708.160, 724.100,
1134, 1161.2, and 1218 of the Code of Civil Procedure, Sections
26824, 26828, 26829, 26834, and 72059 of the Government Code, and
subdivisions (b) and (c) of Section 166 and Section 1214.1 of the
Penal Code.
   (3) If any of the fees provided for in this subdivision are
partially waived by court order, and the fee is to be divided between
the Trial Court Trust Fund and any other fund, the amount of the
partial waiver shall be deducted from the amount to be distributed to
each fund in the same proportion as the amount of each distribution
bears to the total amount of the fee.
   (d) This section does not apply to that portion of a filing fee
collected pursuant to Section 26820.4, 26826, 26827, 72055, or 72056
that is allocated for dispute resolution pursuant to Section 470.3 of
the Business and Professions Code, the county law library pursuant
to Section 6320 of the Business and Professions Code, the Judges'
Retirement Fund pursuant to Section 26822.3, automated recordkeeping
or conversion to micrographics pursuant to Sections 26863 and
68090.7, and courthouse financing pursuant to Section 76238. This
section also does not apply to fees collected pursuant to
subdivisions (a) and (c) of Section 27361.
   (e) This section applies to all payments required to be made to
the State Treasury by any county or city and county pursuant to
Section 77201, 77201.1, or 77205.
   (f) Notwithstanding any other provision of law, no agency may take
action to change the amounts allocated to any of the funds described
in subdivision (a), (b), (c), or (d).
   (g)  The Judicial Council shall reimburse the Controller for the
actual administrative costs that will be incurred under this section.
Costs reimbursed under this section shall be determined on an annual
basis in consultation with the Judicial Council.
   (h) Any amounts required to be transmitted by a county or city and
county to the state pursuant to this section shall be remitted to
the State Treasury no later than 45 days after the end of the month
in which the fees were collected. This remittance shall be
accompanied by a remittance advice identifying the collection month
and the appropriate account in the Trial Court Trust Fund to which it
is to be deposited. Any remittance that is not made by the county or
city and county in accordance with this section shall be considered
delinquent, and subject to the interest and penalties specified in
this section.
   (i) Upon receipt of any delinquent payment required pursuant to
this section, the Controller shall do the following:
   (1) Calculate interest on the delinquent payment by multiplying
the amount of the delinquent payment at a daily rate equivalent to
the rate of return of money deposited in the Local Agency Investment
Fund pursuant to Section 16429.1 from the date the payment was
originally due to either 30 days after the date of the issuance by
the Controller of the final audit report concerning the failure to
pay or the date of payment by the entity responsible for the
delinquent payment, whichever comes first.
   (2) Calculate a penalty at a daily rate equivalent to 11/2 percent
per month from the date 30 days after the date of the issuance by
the Controller of the final audit report concerning the failure to
pay.
   (j) (1) Interest or penalty amounts calculated pursuant to
subdivision (i) shall be paid by the county, city and county, or
court to the Trial Court Trust Fund no later than 45 days after the
end of the month in which the interest or penalty was calculated.
Payment shall be made by the entity responsible for the error or
other action that caused the failure to pay, as determined by the
Controller in notice given to that party by the Controller.
   (2) Notwithstanding Section 77009, any interest or penalty on a
delinquent payment that a court is required to make pursuant to this
section and Section 24353 shall be paid from the Trial Court
Operations Fund for that court.
   (3) The Controller may permit a county, city and county, or court
to pay the interest or penalty amounts according to a payment
schedule in the event of a large interest or penalty amount that
causes a hardship to the paying entity.
   (4) The party responsible for the error or other action that
caused the failure to pay may include, but is not limited to, the
party that collected the funds who is not the party responsible for
remitting the funds to the Trial Court Trust Fund, if the collecting
party failed or delayed in providing the remitting party with
sufficient information needed by the remitting party to distribute
the funds.
                                   (k) The Trial Court Trust Fund
shall be invested in the Surplus Money Investment Fund and all
interest earned shall be allocated to the Trial Court Trust Fund
quarterly and shall be allocated among the courts in accordance with
the requirements of subdivision (a).
   (l) It is the intent of the Legislature that the revenues required
to be deposited into the Trial Court Trust Fund be remitted as soon
after collection by the courts as possible.
   (m) Except for subdivisions (a) and (k), this section does not
apply to fees and fines that are listed in subdivision (a) of Section
68085.1 that are collected on or after January 1, 2006.
   (n) The changes made to subdivisions (i) and (j) of this section
by the act adding this subdivision shall apply to all delinquent
payments for which no final audit has been issued by the Controller
prior to January 1, 2008.
   (o) The Judicial Council shall not expend any of these funds on
the system known as the Court Case Management System without consent
from the Legislature, except for the maintenance and operation of
Court Case Management System Version 2 and Version 3.
   (p) Nothing in this section or any other provision of law shall be
construed to authorize the Judicial Council to redirect funds from
the Trial Court Trust Fund for any purpose other than for allocation
to trial courts or as otherwise specifically appropriated by statute.

   (q) This section shall become operative on January 1, 2013. 
   SEC. 18.    Section 68085.1 of the  
Government Code   , as amended by Section 4 of Chapter 457
of the Statutes of 2009, is amended to read: 
   68085.1.  (a) This section applies to all fees and fines that are
collected on or after January 1, 2006, under all of the following:
   (1) Sections 177.5, 209, 403.060, 491.150, 631.3, 683.150,
704.750, 708.160, 724.100, 1134, 1161.2, 1218, and 1993.2 of,
subdivision (g) of Section 411.20 and subdivisions (c) and (g) of
Section 411.21 of,  subdivision (b) of Section 631 of,  and
Chapter 5.5 (commencing with Section 116.110) of Title 1 of Part 1
of, the Code of Civil Procedure.
   (2) Section 3112 of the Family Code.
   (3) Section 31622 of the Food and Agricultural Code.
   (4) Subdivision (d) of Section 6103.5, Sections 68086 and 68086.1,
subdivision (d) of Section 68511.3, Sections 68926.1 and 69953.5,
and Chapter 5.8 (commencing with Section 70600).
   (5) Section 103470 of the Health and Safety Code.
   (6) Subdivisions (b) and (c) of Section 166 and Section 1214.1 of
the Penal Code.
   (7) Sections 1835, 1851.5, 2343, 7660, and 13201 of the Probate
Code.
   (8) Sections 14607.6 and 16373 of the Vehicle Code.
   (9) Section 71386 of this code, Sections 304, 7851.5, and 9002 of
the Family Code, and Section 1513.1 of the Probate Code, if the
reimbursement is for expenses incurred by the court.
   (10) Section 3153 of the Family Code, if the amount is paid to the
court for the cost of counsel appointed by the court to represent a
child.
   (b) On and after January 1, 2006, each superior court shall
deposit all fees and fines listed in subdivision (a), as soon as
practicable after collection and on a regular basis, into a bank
account established for this purpose by the Administrative Office of
the Courts. Upon direction of the Administrative Office of the
Courts, the county shall deposit civil assessments under Section
1214.1 of the Penal Code and any other money it collects under the
sections listed in subdivision (a) as soon as practicable after
collection and on a regular basis into the bank account established
for this purpose and specified by the Administrative Office of the
Courts. The deposits shall be made as required by rules adopted by,
and financial policies and procedures authorized by, the Judicial
Council under subdivision (a) of Section 77206. Within 15 days after
the end of the month in which the fees and fines are collected, each
court, and each county that collects any fines or fees under
subdivision (a), shall provide the Administrative Office of the
Courts with a report of the fees by categories as specified by the
Administrative Office of the Courts. The Administrative Office of the
Courts and any court may agree upon a time period greater than 15
days, but in no case more than 30 days after the end of the month in
which the fees and fines are collected. The fees and fines listed in
subdivision (a) shall be distributed as provided in this section.
   (c) (1) Within 45 calendar days after the end of the month in
which the fees and fines listed in subdivision (a) are collected, the
Administrative Office of the Courts shall make the following
distributions:
   (A) To the small claims advisory services, as described in
subdivision (f) of Section 116.230 of the Code of Civil Procedure.
   (B) To dispute resolution programs, as described in subdivision
(b) of Section 68085.3 and subdivision (b) of Section 68085.4.
   (C) To the county law library funds, as described in Sections
116.230 and 116.760 of the Code of Civil Procedure, subdivision (b)
of Section 68085.3, subdivision (b) of Section 68085.4, and Section
70621 of this code, and Section 14607.6 of the Vehicle Code.
   (D) To the courthouse construction funds in the Counties of
Riverside, San Bernardino, and San Francisco, as described in
Sections 70622, 70624, and 70625.
   (E) Commencing July 1, 2011, to the Trial Court Trust Fund, as
described in subdivision (d) of Section 70626, to be used by the
Judicial Council to implement and administer the civil representation
pilot program under Section 68651.
   (2) If any distribution under this subdivision is delinquent, the
Administrative Office of the Courts shall add a penalty to the
distribution as specified in subdivision (i).
   (d) Within 45 calendar days after the end of the month in which
the fees and fines listed in subdivision (a) are collected, the
amounts remaining after the distributions in subdivision (c) shall be
transmitted to the State Treasury for deposit in the Trial Court
Trust Fund and other funds as required by law. This remittance shall
be accompanied by a remittance advice identifying the collection
month and the appropriate account in the Trial Court Trust Fund or
other fund to which it is to be deposited. Upon the receipt of any
delinquent payment required under this subdivision, the Controller
shall calculate a penalty as provided under subdivision (i).
   (e) From the money transmitted to the State Treasury under
subdivision (d), the Controller shall make deposits as follows:
   (1) Into the State Court Facilities Construction Fund, the Judges'
Retirement Fund, and the Equal Access Fund, as described in
subdivision (c) of Section 68085.3 and subdivision (c) of Section
68085.4.
   (2) Into the Health Statistics Special Fund, as described in
subdivision (b) of Section 70670 of this code and Section 103730 of
the Health and Safety Code.
   (3) Into the Family Law Trust Fund, as described in Section 70674.

   (4) Into the Immediate and Critical Needs Account of the State
Court Facilities Construction Fund, established in Section 70371.5,
as described in Sections 68085.3, 68085.4, and 70657.5, and
subdivision (e) of Section 70617.
   (5) The remainder of the money shall be deposited into the Trial
Court Trust Fund.
   (f) The amounts collected by each superior court under Section
116.232, subdivision (g) of Section 411.20, and subdivision (g) of
Section 411.21 of the Code of Civil Procedure, Sections 304, 3112,
3153, 7851.5, and 9002 of the Family Code, subdivision (d) of Section
6103.5, subdivision (d) of Section 68511.3 and Sections 68926.1,
69953.5, 70627, 70631, 70640, 70661, 70678, and 71386 of this code,
and Sections 1513.1, 1835, 1851.5, and 2343 of the Probate Code shall
be added to the monthly apportionment for that court under
subdivision (a) of Section 68085.
   (g) If any of the fees provided in subdivision (a) are partially
waived by court order or otherwise reduced, and the fee is to be
divided between the Trial Court Trust Fund and any other fund or
account, the amount of the reduction shall be deducted from the
amount to be distributed to each fund in the same proportion as the
amount of each distribution bears to the total amount of the fee. If
the fee is paid by installment payments, the amount distributed to
each fund or account from each installment shall bear the same
proportion to the installment payment as the full distribution to
that fund or account does to the full fee. If a court collects a fee
that was incurred before January 1, 2006, under a provision that was
the predecessor to one of the paragraphs contained in subdivision
(a), the fee may be deposited as if it were collected under the
paragraph of subdivision (a) that corresponds to the predecessor of
that paragraph and distributed in prorated amounts to each fund or
account to which the fee in subdivision (a) must be distributed.
   (h) Except as provided in Sections 470.5 and 6322.1 of the
Business and Professions Code, and Sections 70622, 70624, and 70625
of this code, no agency may take action to change the amounts
allocated to any of the funds described in subdivision (c), (d), or
(e).
   (i) The amount of the penalty on any delinquent payment under
subdivision (c) or (d) shall be calculated by multiplying the amount
of the delinquent payment at a daily rate equivalent to 11/2 percent
per month for the number of days the payment is delinquent. The
penalty shall be paid from the Trial Court Trust Fund. Penalties on
delinquent payments under subdivision (d) shall be calculated only on
the amounts to be distributed to the Trial Court Trust Fund and the
State Court Facilities Construction Fund, and each penalty shall be
distributed proportionately to the funds to which the delinquent
payment was to be distributed.
   (j) If a delinquent payment under subdivision (c) or (d) results
from a delinquency by a superior court under subdivision (b), the
court shall reimburse the Trial Court Trust Fund for the amount of
the penalty. Notwithstanding Section 77009, any penalty on a
delinquent payment that a court is required to reimburse pursuant to
this section shall be paid from the court operations fund for that
court. The penalty shall be paid by the court to the Trial Court
Trust Fund no later than 45 days after the end of the month in which
the penalty was calculated. If the penalty is not paid within the
specified time, the Administrative Office of the Courts may reduce
the amount of a subsequent monthly allocation to the court by the
amount of the penalty on the delinquent payment.
   (k) If a delinquent payment under subdivision (c) or (d) results
from a delinquency by a county in transmitting fees and fines listed
in subdivision (a) to the bank account established for this purpose,
as described in subdivision (b), the county shall reimburse the Trial
Court Trust Fund for the amount of the penalty. The penalty shall be
paid by the county to the Trial Court Trust Fund no later than 45
days after the end of the month in which the penalty was calculated.
   (l) This section shall become inoperative on July 1, 2017, and, as
of January 1, 2018, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.
   SEC. 19.    Section 68085.1 of   the 
 Government Code   , as added by Section 5 of Chapter
457 of the Statutes of 2009, is amended to read: 
   68085.1.  (a) This section applies to all fees and fines that are
collected on or after January 1, 2006, under all of the following:
   (1) Sections 177.5, 209, 403.060, 491.150, 631.3, 683.150,
704.750, 708.160, 724.100, 1134, 1161.2, 1218, and 1993.2 of,
subdivision (g) of Section 411.20 and subdivisions (c) and (g) of
Section 411.21 of,  subdivision (b) of Section 631 of,  and
Chapter 5.5 (commencing with Section 116.110) of Title 1 of Part 1
of, the Code of Civil Procedure.
   (2) Section 3112 of the Family Code.
   (3) Section 31622 of the Food and Agricultural Code.
   (4) Subdivision (d) of Section 6103.5, Sections 68086 and 68086.1,
subdivision (d) of Section 68511.3, Sections 68926.1 and 69953.5,
and Chapter 5.8 (commencing with Section 70600).
   (5) Section 103470 of the Health and Safety Code.
   (6) Subdivisions (b) and (c) of Section 166 and Section 1214.1 of
the Penal Code.
   (7) Sections 1835, 1851.5, 2343, 7660, and 13201 of the Probate
Code.
   (8) Sections 14607.6 and 16373 of the Vehicle Code.
   (9) Section 71386 of this code, Sections 304, 7851.5, and 9002 of
the Family Code, and Section 1513.1 of the Probate Code, if the
reimbursement is for expenses incurred by the court.
   (10) Section 3153 of the Family Code, if the amount is paid to the
court for the cost of counsel appointed by the court to represent a
child.
   (b) On and after January 1, 2006, each superior court shall
deposit all fees and fines listed in subdivision (a), as soon as
practicable after collection and on a regular basis, into a bank
account established for this purpose by the Administrative Office of
the Courts. Upon direction of the Administrative Office of the
Courts, the county shall deposit civil assessments under Section
1214.1 of the Penal Code and any other money it collects under the
sections listed in subdivision (a) as soon as practicable after
collection and on a regular basis into the bank account established
for this purpose and specified by the Administrative Office of the
Courts. The deposits shall be made as required by rules adopted by,
and financial policies and procedures authorized by, the Judicial
Council under subdivision (a) of Section 77206. Within 15 days after
the end of the month in which the fees and fines are collected, each
court, and each county that collects any fines or fees under
subdivision (a), shall provide the Administrative Office of the
Courts with a report of the fees by categories as specified by the
Administrative Office of the Courts. The Administrative Office of the
Courts and any court may agree upon a time period greater than 15
days, but in no case more than 30 days after the end of the month in
which the fees and fines are collected. The fees and fines listed in
subdivision (a) shall be distributed as provided in this section.
   (c) (1) Within 45 calendar days after the end of the month in
which the fees and fines listed in subdivision (a) are collected, the
Administrative Office of the Courts shall make the following
distributions:
   (A) To the small claims advisory services, as described in
subdivision (f) of Section 116.230 of the Code of Civil Procedure.
   (B) To dispute resolution programs, as described in subdivision
(b) of Section 68085.3 and subdivision (b) of Section 68085.4.
   (C) To the county law library funds, as described in Sections
116.230 and 116.760 of the Code of Civil Procedure, subdivision (b)
of Section 68085.3, subdivision (b) of Section 68085.4, and Section
70621 of this code, and Section 14607.6 of the Vehicle Code.
   (D) To the courthouse construction funds in the Counties of
Riverside, San Bernardino, and San Francisco, as described in
Sections 70622, 70624, and 70625.
   (2) If any distribution under this subdivision is delinquent, the
Administrative Office of the Courts shall add a penalty to the
distribution as specified in subdivision (i).
   (d) Within 45 calendar days after the end of the month in which
the fees and fines listed in subdivision (a) are collected, the
amounts remaining after the distributions in subdivision (c) shall be
transmitted to the State Treasury for deposit in the Trial Court
Trust Fund and other funds as required by law. This remittance shall
be accompanied by a remittance advice identifying the collection
month and the appropriate account in the Trial Court Trust Fund or
other fund to which it is to be deposited. Upon the receipt of any
delinquent payment required under this subdivision, the Controller
shall calculate a penalty as provided under subdivision (i).
   (e) From the money transmitted to the State Treasury under
subdivision (d), the Controller shall make deposits as follows:
   (1) Into the State Court Facilities Construction Fund, the Judges'
Retirement Fund, and the Equal Access Fund, as described in
subdivision (c) of Section 68085.3 and subdivision (c) of Section
68085.4.
   (2) Into the Health Statistics Special Fund, as described in
subdivision (b) of Section 70670 of this code and Section 103730 of
the Health and Safety Code.
   (3) Into the Family Law Trust Fund, as described in Section 70674.

   (4) Into the Immediate and Critical Needs Account of the State
Court Facilities Construction Fund, established in Section 70371.5,
as described in Sections 68085.3, 68085.4, and 70657.5, and
subdivision (e) of Section 70617.
   (5) The remainder of the money shall be deposited into the Trial
Court Trust Fund.
   (f) The amounts collected by each superior court under Section
116.232, subdivision (g) of Section 411.20, and subdivision (g) of
Section 411.21 of the Code of Civil Procedure, Sections 304, 3112,
3153, 7851.5, and 9002 of the Family Code, subdivision (d) of Section
6103.5, subdivision (d) of Section 68511.3 and Sections 68926.1,
69953.5, 70627, 70631, 70640, 70661, 70678, and 71386 of this code,
and Sections 1513.1, 1835, 1851.5, and 2343 of the Probate Code shall
be added to the monthly apportionment for that court under
subdivision (a) of Section 68085.
   (g) If any of the fees provided in subdivision (a) are partially
waived by court order or otherwise reduced, and the fee is to be
divided between the Trial Court Trust Fund and any other fund or
account, the amount of the reduction shall be deducted from the
amount to be distributed to each fund in the same proportion as the
amount of each distribution bears to the total amount of the fee. If
the fee is paid by installment payments, the amount distributed to
each fund or account from each installment shall bear the same
proportion to the installment payment as the full distribution to
that fund or account does to the full fee. If a court collects a fee
that was incurred before January 1, 2006, under a provision that was
the predecessor to one of the paragraphs contained in subdivision
(a), the fee may be deposited as if it were collected under the
paragraph of subdivision (a) that corresponds to the predecessor of
that paragraph and distributed in prorated amounts to each fund or
account to which the fee in subdivision (a) must be distributed.
   (h) Except as provided in Sections 470.5 and 6322.1 of the
Business and Professions Code, and Sections 70622, 70624, and 70625
of this code, no agency may take action to change the amounts
allocated to any of the funds described in subdivision (c), (d), or
(e).
   (i) The amount of the penalty on any delinquent payment under
subdivision (c) or (d) shall be calculated by multiplying the amount
of the delinquent payment at a daily rate equivalent to 11/2 percent
per month for the number of days the payment is delinquent. The
penalty shall be paid from the Trial Court Trust Fund. Penalties on
delinquent payments under subdivision (d) shall be calculated only on
the amounts to be distributed to the Trial Court Trust Fund and the
State Court Facilities Construction Fund, and each penalty shall be
distributed proportionately to the funds to which the delinquent
payment was to be distributed.
   (j) If a delinquent payment under subdivision (c) or (d) results
from a delinquency by a superior court under subdivision (b), the
court shall reimburse the Trial Court Trust Fund for the amount of
the penalty. Notwithstanding Section 77009, any penalty on a
delinquent payment that a court is required to reimburse pursuant to
this section shall be paid from the court operations fund for that
court. The penalty shall be paid by the court to the Trial Court
Trust Fund no later than 45 days after the end of the month in which
the penalty was calculated. If the penalty is not paid within the
specified time, the Administrative Office of the Courts may reduce
the amount of a subsequent monthly allocation to the court by the
amount of the penalty on the delinquent payment.
   (k) If a delinquent payment under subdivision (c) or (d) results
from a delinquency by a county in transmitting fees and fines listed
in subdivision (a) to the bank account established for this purpose,
as described in subdivision (b), the county shall reimburse the Trial
Court Trust Fund for the amount of the penalty. The penalty shall be
paid by the county to the Trial Court Trust Fund no later than 45
days after the end of the month in which the penalty was calculated.
   (l) This section shall become operative on July 1, 2017.
   SEC. 20.    Section 68086 of the  
Government Code   is amended to read: 
   68086.  (a) The following provisions apply in superior court:
   (1) In addition to any other fee required in civil actions or
 cases, for   cases:  
   (A) For each proceeding lasting less than one hour, a fee of
thirty dollars ($30) shall be charged for the reasonable cost of the
services of an official court reporter pursuant to Section 269 of the
Code of Civil Procedure. 
    (B)     For  each proceeding lasting
more than one hour, a fee equal to the actual cost of providing that
service shall be charged per one-half day of services to the parties,
on a pro rata basis, for the services of an official court reporter
on the first and each succeeding judicial day those services are
provided pursuant to Section 269 of the Code of Civil Procedure.
   (2) All parties shall deposit their pro rata shares of these fees
with the clerk of the court as specified by the court, but not later
than the conclusion of each day's court session.
   (3) For purposes of this section, "one-half day" means any period
of judicial time, in excess of one hour  ,  but not more
than four hours, during either the morning or afternoon court
session.
   (4) The costs for the services of the official court reporter
shall be recoverable as taxable costs by the prevailing party as
otherwise provided by law.
   (5) The Judicial Council shall adopt rules to ensure all of the
following:
   (A) That parties are given adequate and timely notice of the
availability of an official court reporter.
   (B) That if an official court reporter is not available, a party
may arrange for the presence of a certified shorthand reporter to
serve as an official pro tempore reporter, the costs 
therefore  therefor  recoverable as provided in
paragraph (4).
   (C) That if the services of an official pro tempore reporter are
utilized pursuant to subparagraph (B), no other charge  will
  shall  be made to the parties.
   (b) The fees collected pursuant to this section shall be used only
to pay the cost for services of an official court reporter in civil
proceedings.
   (c) The Judicial Council shall report on or before February 1 of
each year to the Joint Legislative Budget Committee on the fees
collected by courts pursuant to this section and Section 68086.1
 ,  and  on  the total amount spent for
services of official court reporters in civil proceedings statewide
in the prior fiscal year.
   SEC. 21.    Section 68090.8 of the  
Government Code   is amended to read: 
   68090.8.  (a) (1) The Legislature finds that the management of
civil and criminal cases, including traffic cases, and the accounting
for funds in the trial courts requires these courts to implement
appropriate levels of administrative automation.
   (2) The purpose of this section is to make a fund available for
the development of automated administrative systems, including
automated accounting, automated data collection through case
management systems, and automated case-processing systems for the
trial courts, together with funds to train operating personnel, and
for the maintenance and enhancement of the systems. As used in this
paragraph, "automated administrative systems" does not include
electronic reporting systems for use in a courtroom.
   (3) Automated data collection shall provide the foundation for
planning, research, and evaluation programs that are generated from
within and outside of the judicial branch. This system shall be a
resource to the courts, the Judicial Council and its committees, the
Administrative Office of the Courts, the Legislature, the Governor,
and the public. During the developmental stage and prior to the
implementation of the system, the Legislature shall make
recommendations to the Judicial Council as to the breadth and level
of detail of the data to be collected.
   (b) Prior to making any other required distribution, the county
treasurer shall transmit 2 percent of all fines, penalties, and
forfeitures collected in criminal cases, including, but not limited
to, moneys collected pursuant to Chapter 12 (commencing with Section
76000) of Title 8 of this code, Section 13003 of the Fish and Game
Code, Section 11502 of the Health and Safety Code, and Chapter 1
(commencing with Section 1427) of Title 11 of Part 2 of the Penal
Code, into the  State  Trial Court Improvement  and
Modernization  Fund established pursuant to Section 77209, to be
used exclusively to pay the costs of automated systems for the trial
courts, as described in paragraph (2) of subdivision (a). These
systems shall meet Judicial Council performance standards, including
production of reports as needed by the state, the counties, and local
governmental entities.
   SEC. 22.    Section 68106 of the  
Government Code   is amended to read: 
   68106.  (a) (1) In making appropriations for the support of the
trial courts, the Legislature recognizes the importance of increased
revenues from litigants and lawyers, including increased revenues
from civil filing fees.  It is therefore the intent of the
Legislature that courts give the highest priority to keeping
courtrooms open for civil and criminal proceedings.  It is
 therefore   also  the intent of the
Legislature that, to the extent practicable,  in the allocation
of resources by and for trial courts,  access to court services
for civil litigants be preserved  in the allocation of
resources by and for trial courts   , budget cuts not
fall disproportionately on civil cases, and the right to trial by
jury be preserved  .
   (2) Furthermore, it is the intent of the Legislature in enacting
the Budget Act of 2010, which includes increases in civil and
criminal                                              court fees and
penalties, that trial courts remain open to the public on all days
except judicial holidays, Saturdays, and Sundays, and except as
authorized pursuant to Section 68115.
   (b) (1) A trial court shall provide written notification to the
public by conspicuous posting within or about its facilities, on its
public Internet Web site, and by electronic distribution to
individuals who have subscribed to the court's electronic
distribution service, and to the Judicial Council, not less than 60
days prior to closing any courtroom, or closing or reducing the hours
of clerks' offices during regular business hours on any day except
judicial holidays, Saturdays, and Sundays, and except as authorized
pursuant to Section 68115. The notification shall include the scope
of the closure or reduction in hours, and the financial constraints
or other reasons that make the closure or reduction necessary.
   (2) (A) The notification required pursuant to paragraph (1) shall
include information on how the public may provide written comments
during the 60-day period on the court's plan for closing a courtroom,
or closing or reducing the hours of clerks' offices. The court shall
review and consider all public comments received. If the court plan
for closing a courtroom, or closing or reducing the hours of clerks'
offices, changes as a result of the comments received or for any
other reason, the court shall immediately provide notice to the
public by posting a revised notice within or about its facilities, on
its public Internet Web site, and by electronic distribution to
individuals who have subscribed to the court's electronic
distribution service, and to the Judicial Council. Any change in the
court's plan pursuant to this paragraph shall not require
notification beyond the initial 60-day period.
   (B) This paragraph shall not be construed to obligate courts to
provide responses to the comments received.
   (3) Within 15 days of receipt of a notice from a trial court, the
Judicial Council shall conspicuously post on its Internet Web site
and provide the chairs and vice chairs of the Committees on
Judiciary, the Chair of the Assembly Committee on Budget, and the
Chair of the Senate Committee on Budget and Fiscal Review a copy of
any notice received pursuant to this subdivision. The Legislature
intends to review the information obtained pursuant to this section
to ensure that California trial courts remain open and accessible to
the public.
   (c) Nothing in this section is intended to affect, limit, or
otherwise interfere with regular court management decisionmaking,
including calendar management and scheduling decisions.
   SEC. 23.    Section 68502.5 of the  
Government Code   is amended to read: 
   68502.5.  (a) The Judicial Council may, as part of its trial court
budget process, seek input from groups and individuals as it deems
appropriate including, but not limited to, advisory committees and
the Administrative Director of the Courts. The trial court budget
process may include, but is not limited to, the following:
   (1) The receipt of budget requests from the trial courts.
   (2) The review of the trial courts' budget requests and evaluate
them against performance criteria established by the Judicial Council
by which a court's performance, level of coordination, and
efficiency can be measured.
   (3) The annual adoption of the projected cost in the subsequent
fiscal year of court operations as defined in Section 77003 for each
trial court. This estimation shall serve as a basis for recommended
court budgets, which shall be developed for comparison purposes and
to delineate funding responsibilities.
   (4) The annual approval of a schedule for the allocation of moneys
to individual courts and an overall trial court budget for
forwarding to the Governor for inclusion in the Governor's proposed
State Budget. The schedule shall be based on the performance criteria
established pursuant to paragraph (2), on a minimum standard
established by the Judicial Council for the operation and staffing of
all trial court operations, and on any other factors as determined
by the Judicial Council. This minimum standard shall be modeled on
court operations using all reasonable and available measures to
increase court efficiency. The schedule of allocations shall assure
that all trial courts receive funding for the minimum operating and
staffing standards before funding operating and staffing requests
above the minimum standards, and shall include incentives and rewards
for any trial court's implementation of efficiencies and cost saving
measures.
   (5) The reallocation of funds during the course of the fiscal year
to ensure equal access to the trial courts by the public, to improve
trial court operations, and to meet trial court emergencies. Neither
the state nor the counties shall have any obligation to replace
moneys appropriated for trial courts and reallocated pursuant to this
paragraph.
   (6) The allocation of funds in the  State  Trial Court
Improvement  and Modernization  Fund to ensure equal access
to trial courts by the public, to improve trial court operations, and
to meet trial court emergencies  , as expressly authorized by
statute  .
   (7) Upon approval of the trial courts' budget by the Legislature,
the preparation during the course of the fiscal year of allocation
schedules for payments to the trial courts, consistent with Section
68085, which shall be submitted to the Controller's office at least
15 days before the due date of any allocation.
   (8) The establishment of rules regarding a court's authority to
transfer trial court funding moneys from one functional category to
another in order to address needs in any functional category.
   (9) At the request of the presiding judge of a trial court, an
independent review of the funding level of the court to determine
whether it is adequate to enable the court to discharge its statutory
and constitutional responsibilities.
   (10) From time to time, a review of the level of fees charged by
the courts for various services and prepare recommended adjustments
for forwarding to the Legislature.
   (11) Provisions set forth in rules adopted pursuant to Section
77206 of the Government Code.
   (b) Courts and counties shall establish procedures to allow for
the sharing of information as it relates to approved budget proposals
and expenditures that impact the respective court and county
budgets. The procedures shall include, upon the request of a court or
county, that a respective court or county shall provide the
requesting court or county a copy of its approved budget and, to the
extent possible, approved program expenditure component information
and a description of budget changes that are anticipated to have an
impact on the requesting court or county. The Judicial Council shall
provide to the Legislature on December 31, 2001, and yearly
thereafter, budget expenditure data at the program component level
for each court.
   (c)  (1)    The Judicial Council shall retain
the ultimate responsibility to adopt a budget and allocate funding
for the trial courts and perform the other activities listed in
subdivision (a) that best assure their ability to carry out their
functions, promote implementation of statewide policies, and promote
the immediate implementation of efficiencies and cost saving measures
in court operations, in order to guarantee equal access to the
courts. 
   (2) (A) When setting the allocations for trial courts, the
Judicial Council shall set a preliminary allocation in July of each
fiscal year based on an estimate or an actual amount of available
trial court resources in that fiscal year. In January of each fiscal
year, after review of available trial court resources, the Judicial
Council shall finalize allocations to trial courts.  
   (B) Upon preliminary determination of the allocations to trial
courts pursuant to subparagraph (A), the Judicial Council shall set
aside 2 percent of the total funds appropriated in Program 45.10 of
Item 0250-101-0932 of the annual Budget Act and these funds shall
remain in the Trial Court Trust Fund. These funds shall be
administered by the Judicial Council and be allocated to trial courts
for unforeseen emergencies, unanticipated expenses for existing
programs, or unavoidable funding shortfalls. Unavoidable funding
shortfall requests for up to 1.5 percent of these funds shall be
submitted by the trial courts to the Judicial Council no later than
October 1 of each year. The Judicial Council shall, by October 31 of
each year, review and evaluate all requests submitted, select trial
courts to receive funds, and notify those selected trial courts. By
March 15 of each year, the Judicial Council shall distribute the
remaining funds if there has been a request from a trial court for
unforeseen emergencies or unanticipated expenses that has been
reviewed, evaluated, and approved. Any unexpended funds shall be
distributed to the trial courts on a prorated basis.  
   (C) The Judicial Council shall, no later than April 15 of each
year, report to the Legislature, pursuant to Section 9795 of the
Government Code, and to the Department of Finance all requests and
allocations made pursuant to subparagraph (B). 
   SEC. 24.    Section 68926 of the  
Government Code   is amended to read: 
   68926.  (a) (1) The fee for filing a notice of appeal in a civil
case appealed to a court of appeal is  four hundred
eighty-five dollars ($485)   six hundred five dollars
($605)  .
   (2) The fee for filing a petition for a writ within the original
civil jurisdiction of the Supreme Court is  four hundred
twenty dollars ($420)   five hundred forty dollars
($540)  .
   (3) The fee for filing a petition for a writ within the original
civil jurisdiction of a court of appeal is  four hundred
eighty-five dollars ($485)   six hundred five dollars
($605)  .
   (b) (1) The fee for a party other than appellant filing its first
document in a civil case appealed to a court of appeal is three
hundred  twenty-five dollars ($325)   ninety
dollars ($390)  .
   (2) The fee for a party other than petitioner filing its first
document in a writ proceeding within the original jurisdiction of the
Supreme Court is three hundred  twenty-five dollars ($325)
  ninety dollars ($390)  .
   (3) The fee for a party other than petitioner filing its first
document in a writ proceeding within the original jurisdiction of a
court of appeal is three hundred  twenty-five dollars ($325)
  ninety dollars ($390)  .
   (c) These fees are in full, for all services, through the
rendering of the judgment or the issuing of the remittitur or
peremptory writ, except the fees imposed by subdivision (b) of
Section 68926.1 and Section 68927. The Judicial Council may make
rules governing the time and method of payment of these fees, and
providing for excuse therefrom in appropriate cases. A fee may not be
charged in appeals from, nor petitions for writs involving, juvenile
cases or proceedings to declare a minor free from parental custody
or control, or proceedings under the Lanterman-Petris-Short Act (Part
1 (commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code).
   SEC. 25.    Section 68927 of the  
Government Code   is amended to read: 
   68927.  (a) The fee for filing a petition for review in a civil
case in the Supreme Court after a decision in a court of appeal is
 four hundred twenty dollars ($420)   five
hundred forty dollars ($540)  .
   (b) The fee for a party other than petitioner filing its first
document in a civil case in the Supreme Court after a decision in a
court of appeal is three hundred  twenty-five dollars ($325)
  ninety dollars ($390)  .
   (c) A fee may not be charged for petitions for review from
decisions in juvenile cases or proceedings to declare a minor free
from parental custody or control or proceedings under the
Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of
Division 5 of the Welfare and Institutions Code).
   SEC. 26.    Section 69920 of the  
Government Code   is repealed.  
   69920.  This article shall be known and may be cited as the
Superior Court Law Enforcement Act of 2002. 
   SEC. 27.    Section 69920 is added to the  
Government Code   , to read:  
   69920.  This article shall be known and may be cited as the
Superior Court Security Act of 2012. This article implements the
statutory changes necessary as a result of the realignment of
superior court security funding enacted in Assembly Bill 118 (Chapter
40 of the Statutes of 2011), in which the Trial Court Security
Account was established in Section 30025 to fund court security. As
such, this article supersedes and replaces Function 8 of Rule 10.810
of the California Rules of Court. Although realignment changed the
source of funding for court security, this article is not intended
to, nor should it, result in reduced court security service delivery,
increased obligations on sheriffs or counties, or other significant
programmatic changes that would not otherwise have occurred absent
realignment. 
   SEC. 28.    Section 69921 of the  
Government Code   is amended to read: 
   69921.  For purposes of this article: 
   (a) "Contract law enforcement template" means a document that is
contained in the Administrative Office of the Courts' financial
policies and procedures manual that accounts for and further defines
allowable costs, as described in paragraphs (3) to (6), inclusive, of
subdivision (a) of Section 69927.  
   (b) 
    (a)  "Court attendant" means a nonarmed, nonlaw
enforcement employee of the superior court who performs those
functions specified by the court, except those functions that may
only be performed by armed and sworn personnel. A court attendant is
not a peace officer or a public safety officer. 
   (c) 
    (b)  "Court security plan" means a plan that is provided
by the superior court to the Administrative Office of the Courts
that includes a law enforcement security plan and all other court
security matters. 
   (d) 
   (c)  "Law enforcement security plan" means a plan that is
provided by a sheriff or marshal that includes policies and
procedures for providing public safety and law enforcement services
to the court. 
   (e) "Superior court law enforcement functions" means all of the
following:  
   (1) Bailiff functions, as defined in Sections 830.1 and 830.36 of
the Penal Code, in criminal and noncriminal actions, including, but
not limited to, attending courts.  
   (2) Taking charge of a jury, as provided in Sections 613 and 614
of the Code of Civil Procedure.  
   (3) Patrolling hallways and other areas within court facilities.
 
   (4) Overseeing prisoners in holding cells within court facilities.
 
   (5) Escorting prisoners in holding cells within court facilities.
 
   (6) Providing security screening within court facilities.
 
   (7) Providing enhanced security for bench officers and court
personnel, as agreed upon by the court and the sheriff or marshal.

   SEC. 29.    Section 69921.5 of the  
Government Code   is repealed.  
   69921.5.  The duties of the presiding judge of each superior court
shall include the authority to contract, subject to available
funding, with a sheriff or marshal, for the necessary level of law
enforcement services in the courts. 
   SEC. 30.    Section 69921.5 is added to the 
 Government Code   , to read:  
   69921.5.  Except for court security services provided by the
marshal in the Counties of Shasta and Trinity, the sheriff is
responsible for the necessary level of court security services, as
established by the memorandum of understanding described in
subdivision (b) of Section 69926. 
   SEC. 31.    Section 69922 of the  
Government Code   is amended to read: 
   69922.   (a)    Except as otherwise provided by
law, whenever required, the sheriff shall attend all superior court
 sessions  held within his or her county. A sheriff shall
attend a noncriminal, nondelinquency action, however, only if the
presiding judge or his or her designee makes a determination that the
attendance of the sheriff at that action is necessary for reasons of
public safety. The court may use court attendants in courtrooms
hearing those noncriminal, nondelinquency actions. Notwithstanding
any other  provision of  law, the presiding judge or
his or her designee may provide that a court attendant take charge
of a jury, as provided in Sections 613 and 614 of the Code of Civil
Procedure. The sheriff shall obey all lawful orders and directions of
all courts held within his or her county. 
   (b) Subject to the memorandum of understanding described in
subdivision (b) of Section 69926, the court security services
provided by the sheriff may include, but shall not be limited to, all
of the following:  
   (1) Bailiff functions, as defined in Sections 830.1 and 830.36 of
the Penal Code, in criminal and noncriminal actions, including, but
not limited to, attending court.  
   (2) Taking charge of a jury, as provided in Sections 613 and 614
of the Code of Civil Procedure.  
   (3) Patrolling hallways and other areas within court facilities.
 
   (4) Overseeing and escorting prisoners in holding cells within
court facilities.  
   (5) Providing security screening within court facilities. 

   (6) Providing enhanced security for judicial officers and court
personnel. 
   SEC. 32.    Section 69923 is added to the  
Government Code   , to read:  
   69923.  (a) A superior court shall not pay a sheriff for court
security services and equipment, except as provided in this article.
   (b) Subject to the memorandum of understanding described in
subdivision (b) of Section 69926, the court may pay for court
security service delivery or other significant programmatic changes
that would not otherwise have been required absent the realignment of
superior court security funding enacted in Assembly Bill 118
(Chapter 40 of the Statutes of 2011), in which the Trial Court
Security Account was established in Section 30025 to fund court
security. 
   SEC. 33.    Section 69925 of the  
Government Code   is amended to read: 
   69925.   On and after July 1, 2003,   The
presiding judge, in conjunction with  the sheriff or marshal,
 in conjunction with the presiding judge,  shall
develop an annual or multiyear comprehensive court security plan that
includes the mutually agreed upon law enforcement security plan to
be utilized by the court. The Judicial Council shall provide for the
subject areas to be addressed in the plan and specify the most
efficient practices for providing court security services. The
Judicial Council shall establish a process for the review of court
security plans by the Judicial Council in the California Rules of
Court.  The Judicial Council shall annually submit to the
Senate Judiciary Committee and Assembly Judiciary Committee a report
summarizing the court security plans reviewed by the Judicial
Council, including, but not limited to, a description of each plan,
the cost involved, and whether each plan complies with the rules for
the most efficient practices for providing court security services.

   SEC. 34.    Section 69926 of the  
Government Code   is repealed.  
   69926.  (a) This section applies to the superior court and the
sheriff or marshal's department in those counties in which either of
the following apply:
   (1) The sheriff's department was otherwise required by law to
provide court security services on and after July 1, 1998.
   (2) Court security was provided by the marshal's office on and
after July 1, 1998, the marshal's office was subsequently abolished
and succeeded by the sheriff's department, and the successor sheriff'
s department is required to provide court security services as
successor to the marshal.
   (b) The superior court and the sheriff or marshal shall enter into
an annual or multiyear memorandum of understanding specifying the
agreed upon level of court security services, cost of services, and
terms of payment. The cost of services specified in the memorandum of
understanding shall be based on the estimated average cost of salary
and benefits for equivalent personnel classifications in that
county, not including overtime pay. In calculating the average cost
of benefits, only those benefits listed in paragraph (6) of
subdivision (a) of Section 69927 shall be included. For purposes of
this article, "benefits" excludes any item not expressly listed in
this subdivision, including, but not limited to, any costs associated
with retiree health benefits. As used in this subdivision, retiree
health benefits includes, but is not limited to, the current cost of
health benefits for already retired personnel and any amount to cover
the costs of future retiree health benefits for either currently
employed or already retired personnel.
   (c) The sheriff or marshal shall provide information as identified
in the contract law enforcement template by April 30 of each year to
the superior court in that county, specifying the nature, extent,
and basis of the costs, including negotiated or projected salary
increases of court law enforcement services that the sheriff proposes
to include in the budget of the court security program for the
following state budget year. Actual court security allocations shall
be subject to the approval of the Judicial Council and the funding
provided by the Legislature. It is the intent of the Legislature that
proposed court security expenditures submitted by the Judicial
Council to the Department of Finance for inclusion in the Governor's
Budget shall be as defined in the contract law enforcement template.
   (d) If the superior court and the sheriff or marshal are unwilling
or unable to enter into an agreement pursuant to this section on or
before August 1 of any fiscal year, the court or sheriff or marshal
may request the continuation of negotiations between the superior
court and the sheriff or marshal for a period of 45 days with
mediation assistance, during which time the previous law enforcement
services agreement shall remain in effect. Mutually agreed upon
mediation assistance shall be determined by the Administrative
Director of the Courts and the president of the California State
Sheriffs' Association. 
   SEC. 35.    Section 69926 is added to the  
Government Code   , to read:  
   69926.  (a) This section applies to the superior court and the
sheriff in those counties in which the sheriff's department provides
court security services.
   (b) The sheriff, with the approval and authorization of the board
of supervisors, shall, on behalf of the county, enter into an annual
or multiyear memorandum of understanding with the superior court
specifying an agreed-upon level of court security services and any
other agreed-upon governing or operating procedures. The memorandum
of understanding and the court security plan may be included in a
single document.
   (c) If the superior court and the sheriff are unwilling or unable
to enter into an agreement pursuant to this section at least 30 days
before the expiration date of an existing memorandum of
understanding, or if there is a dispute regarding the administration
or level of services and equipment being provided under this article,
the superior court, sheriff, and county shall meet and confer. The
superior court shall designate a representative with authority to
resolve the dispute, who shall meet and confer with representatives
designated by the sheriff and county who have the authority to
negotiate a resolution and recommend the resolution to the board of
supervisors. The meeting shall occur within five business days of any
party requesting that meeting.
   (d) If the meeting described in subdivision (c) does not result in
a recommended resolution to the dispute, the presiding judge of the
court, the sheriff, or the chair of the board of supervisors may
request the assistance of the Administrative Director of the Courts,
the President of the California State Sheriffs' Association, and the
President of the California State Association of Counties. Within 10
business days of the request, the representatives of the superior
court, the sheriff, and the county involved in the dispute shall meet
to discuss the dispute with the Administrative Office of the Courts,
the California State Sheriffs' Association, and the California State
Association of Counties. The representatives of the superior court,
the sheriff, and the county attending the meeting shall have the
authority to negotiate a resolution on behalf of their respective
principals. Any recommended resolution shall be approved by the board
of supervisors, consistent with subdivision (b).
   (e) The Judicial Council shall, by rule of court, establish a
process that, notwithstanding any other law, expeditiously and
finally resolves disputes that are not settled in the meeting
                                   process described in subdivision
(d). The rule of court shall do all of the following:
   (1) Provide a process for parties to submit disputes.
   (2) Provide for the assignment of a justice who is not from the
court of appeal district in which the county, the superior court, and
the sheriff are located.
   (3) Provide an expedited process for hearing these matters in a
venue convenient to the parties and assigned justice.
   (4) Provide that the justice shall hear the petition and issue a
decision on an expedited basis.
   (5) Provide a process for an appeal of the decision issued under
paragraph (4). The appeal shall be heard in a court of appeal
district other than the one in which the county, the superior court,
and the sheriff are located.
   (f) The terms of a memorandum of understanding shall remain in
effect, to the extent consistent with this article, and the sheriff
shall continue to provide court security as required by this article,
until the parties enter into a new memorandum of understanding.

   SEC. 36.    Section 69927 of the  
Government Code   is repealed.  
   69927.  (a) It is the intent of the Legislature in enacting this
section to develop a definition of the court security component of
court operations that modifies Function 8 of Rule 10.810 of the
California Rules of Court in a manner that will standardize billing
and accounting practices and court security plans, and identify
allowable law enforcement security costs after the operative date of
this article. It is not the intent of the Legislature to increase or
decrease the responsibility of a county for the cost of court
operations, as defined in Section 77003 or Rule 10.810 of the
California Rules of Court, as it read on January 1, 2007, for court
security services provided prior to January 1, 2003. It is the intent
of the Legislature that a sheriff's or marshal's court law
enforcement budget not be reduced as a result of this article. Any
new court security costs permitted by this article shall not be
operative unless the funding is provided by the Legislature.
   (1) The Judicial Council shall adopt a rule establishing a working
group on court security. The group shall consist of six
representatives from the judicial branch of government, as selected
by the Administrative Director of the Courts, two representatives of
the counties, as selected by the California State Association of
Counties, and three representatives of the county sheriffs, as
selected by the California State Sheriffs' Association. It is the
intent of the Legislature that this working group may recommend
modifications only to the template used to determine that the
security costs submitted by the courts to the Administrative Office
of the Courts are permitted pursuant to this article. The template
shall be a part of the trial court's financial policies and
procedures manual and used in place of the definition of law
enforcement costs in Function 8 of Rule 10.810 of the California
Rules of Court. If the working group determines that there is a need
to make recommendations to the template that specifically involve law
enforcement or security personnel in courtrooms or court detention
facilities, the membership of the working group shall change and
consist of six representatives from the judicial branch of government
selected by the Administrative Director of the Courts, two
representatives of the counties selected by the California State
Association of Counties, two representatives of the county sheriffs
selected by the California State Sheriffs' Association, and two
representatives of labor selected by the California Coalition of Law
Enforcement Associations.
   (2) The Judicial Council shall establish a working group on court
security to promulgate recommended uniform standards and guidelines
that may be used by the Judicial Council and any sheriff or marshal
for the implementation of trial court security services. The working
group shall consist of representatives from the judicial branch of
government, the California State Sheriffs' Association, the
California State Association of Counties, the Peace Officer's
Research Association of California, and the California Coalition of
Law Enforcement Associations, for the purpose of developing
guidelines. The Judicial Council, after requesting and receiving
recommendations from the working group on court security, shall
promulgate and implement rules, standards, and policy directions for
the trial courts in order to achieve efficiencies that will reduce
security operating costs and constrain growth in those costs.
   (3) When mutually agreed to by the courts, county, and the sheriff
or marshal in any county, the costs of perimeter security in any
building that the court shares with any county agency, excluding the
sheriff's or marshal's department, shall be apportioned based on the
amount of the total noncommon square feet of space occupied by the
court and any county agency.
   (4) "Allowable costs for equipment, services, and supplies," as
defined in the contract law enforcement template, means the purchase
and maintenance of security screening equipment and the costs of
ammunition, batons, bulletproof vests, handcuffs, holsters, leather
gear, chemical spray and holders, radios, radio chargers and holders,
uniforms, and one primary duty sidearm.
   (5) "Allowable costs for professional support staff for court
security operations," as defined in the contract law enforcement
template, means the salary, benefits, and overtime of staff
performing support functions that, at a minimum, provide payroll,
human resources, information systems, accounting, or budgeting.
   Allowable costs for professional support staff for court security
operations in each trial court shall not exceed 6 percent of total
allowable costs for law enforcement security personnel services in
courts with total allowable costs for law enforcement security
personnel services less than ten million dollars ($10,000,000) per
year. Allowable costs for professional support staff for court
security operations for each trial court shall not exceed 4 percent
of total allowable costs for law enforcement security personnel
services in courts with total allowable costs for law enforcement
security personnel services exceeding ten million dollars
($10,000,000) per year. Additional costs for services related to
court-mandated special project support, beyond those provided for in
the contract law enforcement template, are allowable only when
negotiated by the trial court and the court law enforcement provider.
Allowable costs shall not exceed actual costs of providing support
staff services for law enforcement security personnel services.
   The working group established pursuant to paragraph (1) of
subdivision (a) may periodically recommend changes to the limit for
allowable costs for professional support staff for court security
operations based on surveys of actual expenditures incurred by trial
courts and the court law enforcement provider in the provision of law
enforcement security personnel services. Limits for allowable costs
as stated in this section shall remain in effect until changes are
recommended by the working group and adopted by the Judicial Council.

   (6) "Allowable costs for security personnel services," as defined
in the contract law enforcement template, means the salary and
benefits of an employee, including, but not limited to, county health
and welfare, county incentive payments, deferred compensation plan
costs, FICA or Medicare, general liability premium costs, leave
balance payout commensurate with an employee's time in court security
services as a proportion of total service credit earned after
January 1, 1998, premium pay, retirement, state disability insurance,
unemployment insurance costs, workers' compensation paid to an
employee in lieu of salary, workers' compensation premiums of
supervisory security personnel through the rank of captain, line
personnel, inclusive of deputies, court attendants, contractual law
enforcement services, prisoner escorts within the courts, and weapons
screening personnel, court required training, and overtime and
related benefits of law enforcement supervisory and line personnel.
   (A) The Administrative Office of the Courts shall use the average
salary and benefits costs approved for court law enforcement
personnel as of June 30 of each year in determining the funding
request that will be presented to the Department of Finance.
   (B) Courts and court security providers shall manage their
resources to minimize the use of overtime.
   (7) "Allowable costs for vehicle use for court security needs," as
defined in the contract law enforcement template, means the per-mile
recovery cost for vehicles used in rendering court law enforcement
services, exclusive of prisoner or detainee transport to or from
court. The standard mileage rate applied against the miles driven for
the above shall be the standard reimbursable mileage rate in effect
for judicial officers and employees at the time of contract
development.
   (b) Nothing in this article may increase a county's obligation or
require any county to assume the responsibility for a cost of any
service that was defined as a court operation cost, as defined by
Function 8 of Rule 10.810 of the California Rules of Court, as it
read on January 1, 2007, or that meets the definition of any new law
enforcement component developed pursuant to this article. 
   SEC. 37.    Section 69950 of the  
Government Code   is amended to read: 
   69950.  (a) The fee for transcription for original ribbon or
printed copy is eighty-five cents ($0.85) for each 100 words, and for
each copy purchased at the same time by the court, party, or other
person purchasing the original, fifteen cents ($0.15) for each 100
words.
   (b) The fee for a first copy to any court, party, or other person
who does not simultaneously purchase the original shall be twenty
cents ($0.20) for each 100 words, and for each additional copy,
purchased at the same time, fifteen cents ($0.15) for each 100 words.

   (c) Notwithstanding subdivisions (a) and (b), if a trial court had
established transcription fees that were in effect on January 1,
2012 based on an estimate or assumption as to the number of words or
folios on a typical transcript page, those transcription fees shall
be the transcription fees for proceedings in those trial courts, and
the policy or practice for determining transcription fees in those
trial courts shall not be unilaterally changed. 
   SEC. 38.    Section 70371.5 of the  
Government Code   is amended to read: 
   70371.5.  (a) There is hereby established the Immediate and
Critical Needs Account of the State Court Facilities Construction
Fund, the proceeds of which shall only be used for any of the
following:
   (1) The planning, design, construction, rehabilitation,
renovation, replacement, or acquisition of court facilities.
   (2) Repayment for moneys appropriated for lease of court
facilities pursuant to the issuance of lease-revenue bonds.
   (3) Payment for lease or rental of court facilities or payment of
service contracts, including those made for facilities in which one
or more private sector participants undertake some of the risks
associated with the financing, design, construction, or operation of
the facility. 
   (4) For trial court operations, as defined in Section 77003. 

   (b) Any funds expended from the Immediate and Critical Needs
Account are not subject to Section 77202.
   (c) Notwithstanding Section 13340, until July 1, 2012, the
Immediate and Critical Needs Account is hereby continuously
appropriated, without regard to fiscal year, only for the purposes of
acquiring real property and completing preliminary plans.
   (d) It is the intent of the Legislature that the money in the
Immediate and Critical Needs Account shall be used in part to pay the
debt service of lease revenue bonds, notes, bond anticipation notes,
or other appropriate financial instruments used to pay for the costs
referred to in subdivision (a) in the amount of up to five billion
dollars ($5,000,000,000). The total bonded indebtedness shall not
exceed that amount for which fine and fee revenues may fully satisfy
the debt service.
   (e) The Judicial Council shall collect and make available upon
request information regarding the moneys deposited in the Immediate
and Critical Needs Account resulting from new and increased fees,
assessments, and penalties authorized by the act that added this
section.
   (f) (1) The Judicial Council shall make recommendations to the
State Public Works Board before it undertakes projects based on its
determination that the need for a project is most immediate and
critical using the then most recent version of the Prioritization
Methodology for Trial Court Capital-Outlay Projects originally
adopted on August 26, 2006, subject to the availability of funds in
the Immediate and Critical Needs Account. Any such recommendation
shall be accompanied by a certification that there are sufficient
funds in the Immediate and Critical Needs Account. The State Public
Works Board shall establish the scope and cost for each individual
project.
   (2) The Legislature finds that there may not be enough resources
to pay for the cost of the projects identified as immediate and
critical needs by the Judicial Council pursuant to its Prioritization
Methodology for Trial Court Capital-Outlay Projects originally
adopted on August 26, 2006, even after considering any bonded
indebtedness that may be issued relying at least in part on those
resources. Therefore, in choosing which projects shall be recommended
to the State Public Works Board to be funded from the Immediate and
Critical Needs Account, the Judicial Council shall consider and
apply, as appropriate, the following factors, among others:
   (A) Any economic opportunity that exists for a project.
   (B) The effect on available resources of using alternative methods
of project delivery as provided by Section 70391.5.
   (3) Nothing in paragraph (2) shall authorize the Judicial Council
to exceed the resources provided by the Immediate and Critical Needs
Account, together with other available resources, in undertaking
projects identified as immediate and critical needs.
   (4) As used in paragraph (2), "economic opportunity" includes, but
is not limited to, free or reduced costs of land for new
construction, viable financing partnerships with, or fund
contributions by, other government entities or private parties that
result in lower project delivery costs, cost savings resulting from
adaptive reuse of existing facilities, operational efficiencies from
consolidation of court calendars and operations, operational savings
from sharing of facilities by more than one court, and building
operational cost savings from consolidation of facilities.
   (5) The Judicial Council shall not consider and apply an economic
opportunity unless it is reasonably assured that the economic
opportunity is viable and will be realized. If a project is selected
for funding based on an economic opportunity that is withdrawn after
the project is approved, the Judicial Council may cancel the project.

   (g) Notwithstanding any law, the Controller may use the funds in
the Immediate and Critical Needs Account of the State Court
Facilities Construction Fund for cashflow loans to the General Fund
as provided in Sections 16310 and 16381.
   SEC. 39.    Section 70602.5 of the  
Government Code   is amended to read: 
   70602.5.   (a)   
Notwithstanding any other law,  due to the severity of the
continuing economic crisis facing the State of California, 
it is the intent of the Legislature to supplement , until
July 1, 2013,  certain first paper filing fees as provided
below: 
   (1) 
    (a)  A supplemental fee of forty dollars ($40) shall be
collected for filing any first paper subject to the uniform fee that
is set at three hundred fifty-five dollars ($355) under Sections
70611, 70612, 70650, 70651, 70652, 70653, 70655, 70658, and 70670.
The total fee collected under these sections, which includes the
supplemental fee, shall be deposited and distributed as provided in
Sections 68085.3 and 68086.1, as applicable. 
   (2) 
    (b)  A supplemental fee of forty dollars ($40) shall be
collected for filing any first paper subject to the uniform fee that
is set at three hundred thirty dollars ($330) under Sections 70613,
70614, and 70621. The total fee collected under these sections, which
includes the supplemental fee, shall be deposited and distributed as
provided in Sections 68085.4 and 68086.1, as applicable. 
   (3) 
    (c)  A supplemental fee of twenty dollars ($20) shall be
collected for filing any first paper subject to the uniform fee that
is set at two hundred five dollars ($205) under Sections 70613,
70614, 70621, 70654, and 70656 of this code, and Section 103470 of
the Health and Safety Code. The total fee collected under these
sections, which includes the supplemental fee, shall be deposited and
distributed as provided in Section 68085.4. 
   (b) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.

   SEC. 40.    Section 70602.6 is added to the 
 Government Code   , to read:  
   70602.6.  (a) Notwithstanding any other law, a supplemental fee of
forty dollars ($40) shall be collected for filing any first paper
subject to the uniform fee that is set at three hundred fifty-five
dollars ($355) under Sections 70611, 70612, 70650, 70651, 70652,
70653, 70655, 70658, and 70670. The total fee collected under these
sections, which includes the supplemental fee, shall be deposited and
distributed as provided in Sections 68085.3 and 68086.1, as
applicable.
   (b) The fee imposed under this section is in addition to any other
fees authorized by law, including, but not limited to, the fees
authorized in Section 70602.5.
   (c) After the 2013-14 fiscal year, if the amount of the General
Fund transfer to the Trial Court Trust Fund is decreased more than 10
percent from the amount appropriated in the 2013-14 fiscal year and
is not offset by another source of revenue other than court fees so
as to result in a net reduction in funding greater than 10 percent,
then the amount of the supplemental fees provided in subdivision (a)
shall be decreased proportionally. The Judicial Council shall adopt
and publish a schedule setting the fees resulting from the decrease.
   (d) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.

   SEC. 41.    Section 70616 of the  
Government Code   is amended to read: 
   70616.  (a) In addition to the first paper filing fee required by
Section 70611 or 70613, a single complex case fee shall be paid to
the clerk on behalf of all plaintiffs, whether filing separately or
jointly, either at the time of the filing of the first paper if the
case is designated as complex pursuant to the California Rules of
Court, or, if no such designation was made, in each case in which a
court determines that the case is a complex case pursuant to the
California Rules of Court, within 10 calendar days of the filing of
the court's order.
   (b) In addition to the first appearance fee required under Section
70612 or 70614, a complex case fee shall be paid on behalf of each
defendant, intervenor, respondent, or adverse party, whether filing
separately or jointly, either at the time that party files its first
paper in a case if the case is designated or counterdesignated as
complex pursuant to the California Rules of Court, or, if no such
designation was made, in each case in which a court determines that
the case is a complex case pursuant to the California Rules of Court,
within 10 calendar days of the filing of the court's order. This
additional complex fee shall be charged to each defendant,
intervenor, respondent, or adverse party appearing in the case, but
the total complex fees collected from all the defendants,
intervenors, respondents, or other adverse parties appearing in a
complex case shall not exceed  ten thousand dollars ($10,000)
  eighteen thousand dollars ($18,000)  .
   (c) In each case in which the court determines that a case that
has been designated or counterdesignated as complex is not a complex
case, the court shall order reimbursement to the parties of the
amount of any complex case fees that the parties have previously paid
pursuant to subdivision (a) or (b).
   (d) In each case determined to be complex in which the total fees
actually collected exceed, or if collected would exceed, the limit in
subdivision (b), the court shall make any order as is necessary to
ensure that the total complex fees paid by the defendants,
intervenors, respondents, or other adverse parties appearing in the
case do not exceed the limit and that the complex fees paid by those
parties are apportioned fairly among those parties.
   (e) The complex case fee established by this section shall be
 five hundred fifty dollars ($550)   one
thousand dollars ($1,000)  , unless the fee is reduced pursuant
to this section. The fee shall be transmitted to the Trial Court
Trust Fund as provided in Section 68085.1.
   (f) The fees provided by this section are in addition to the
filing fee authorized by Section 70611, 70612, 70613, or 70614.
   (g) Failure to pay the fees required by this section shall have
the same effect as the failure to pay a filing fee, and shall be
subject to the same enforcement and penalties.
   (h) The amendments made to this section during the 2011-12 Regular
Session of the Legislature do not constitute a change in, but are
declaratory of, existing law. 
   (i) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.

   SEC. 42.   Section 70616 is added to the  
Government Code   , to read:  
   70616.  (a) In addition to the first paper filing fee required by
Section 70611 or 70613, a single complex case fee shall be paid to
the clerk on behalf of all plaintiffs, whether filing separately or
jointly, either at the time of the filing of the first paper if the
case is designated as complex pursuant to the California Rules of
Court, or, if no such designation was made, in each case in which a
court determines that the case is a complex case pursuant to the
California Rules of Court, within 10 calendar days of the filing of
the court's order.
   (b) In addition to the first appearance fee required under Section
70612 or 70614, a complex case fee shall be paid on behalf of each
defendant, intervenor, respondent, or adverse party, whether filing
separately or jointly, either at the time that party files its first
paper in a case if the case is designated or counterdesignated as
complex pursuant to the California Rules of Court, or, if no such
designation was made, in each case in which a court determines that
the case is a complex case pursuant to the California Rules of Court,
within 10 calendar days of the filing of the court's order. This
additional complex fee shall be charged to each defendant,
intervenor, respondent, or adverse party appearing in the case, but
the total complex fees collected from all the defendants,
intervenors, respondents, or other adverse parties appearing in a
complex case shall not exceed ten thousand dollars ($10,000).
   (c) In each case in which the court determines that a case that
has been designated or counterdesignated as complex is not a complex
case, the court shall order reimbursement to the parties of the
amount of any complex case fees that the parties have previously paid
pursuant to subdivision (a) or (b).
   (d) In each case determined to be complex in which the total fees
actually collected exceed, or if collected would exceed, the limit in
subdivision (b), the court shall make any order as is necessary to
ensure that the total complex fees paid by the defendants,
intervenors, respondents, or other adverse parties appearing in the
case do not exceed the limit and that the complex fees paid by those
parties are apportioned fairly
     among those parties.
   (e) The complex case fee established by this section shall be five
hundred fifty dollars ($550), unless the fee is reduced pursuant to
this section. The fee shall be transmitted to the Trial Court Trust
Fund as provided in Section 68085.1.
   (f) The fees provided by this section are in addition to the
filing fee authorized by Section 70611, 70612, 70613, or 70614.
   (g) Failure to pay the fees required by this section shall have
the same effect as the failure to pay a filing fee, and shall be
subject to the same enforcement and penalties.
   (h) The amendments made to the predecessor to this section during
the 2011-12 Regular Session of the Legislature do not constitute a
change in, but are declaratory of, existing law.
   (i) This section shall become operative on July 1, 2015.
   SEC. 43.    Section 70617 of the  
Government Code   , as amended by Section 21 of C  
hapter 720 of the Statutes of 2010,   is amended to read:

   70617.  (a) Except as provided in subdivisions (d) and (e), the
uniform fee for filing a motion, application, or any other paper
requiring a hearing subsequent to the first paper, is  forty
dollars ($40)   sixty dollars ($60)  . Papers for
which this fee shall be charged include the following:
   (1) A motion listed in paragraphs (1) to (12), inclusive, of
subdivision (a) of Section 1005 of the Code of Civil Procedure.
   (2) A motion or application to continue a trial date.
   (3) An application for examination of a third person controlling
defendant's property under Section 491.110 or 491.150 of the Code of
Civil Procedure.
   (4) Discovery motions under Title 4 (commencing with Section
2016.010) of Part 4 of the Code of Civil Procedure.
   (5) A motion for a new trial of any civil action or special
proceeding.
   (6) An application for an order for a judgment debtor examination
under Section 708.110 or 708.160 of the Code of Civil Procedure.
   (7) An application for an order of sale of a dwelling under
Section 704.750 of the Code of Civil Procedure.
   (8) An ex parte application that requires a party to give notice
of the ex parte appearance to other parties.
   (b) There shall be no fee under subdivision (a) or (c) for filing
any of the following:
   (1) A motion, application, demurrer, request, notice, or
stipulation and order that is the first paper filed in an action and
on which a first paper filing fee is paid.
   (2) An amended notice of motion.
   (3) A civil case management statement.
   (4) A request for trial de novo after judicial arbitration.
   (5) A stipulation that does not require an order.
   (6) A request for an order to prevent civil harassment.
   (7) A request for an order to prevent domestic violence.
   (8) A request for entry of default or default judgment.
   (9) A paper requiring a hearing on a petition for emancipation of
a minor.
   (10) A paper requiring a hearing on a petition for an order to
prevent abuse of an elder or dependent adult.
   (11) A paper requiring a hearing on a petition for a writ of
review, mandate, or prohibition.
   (12) A paper requiring a hearing on a petition for a decree of
change of name or gender.
   (13) A paper requiring a hearing on a petition to approve the
compromise of a claim of a minor.
   (c) The fee for filing the following papers not requiring a
hearing is twenty dollars ($20):
   (1) A request, application, or motion for, or a notice of, the
continuance of a hearing or case management conference. The fee shall
be charged no more than once for each continuance. The fee shall not
be charged if the continuance is required by the court.
   (2) A stipulation and order.
   (3) A request for an order authorizing service of summons by
posting or by publication under Section 415.45 or 415.50 of the Code
of Civil Procedure.
   (d) The fee for filing a motion for summary judgment or summary
adjudication of issues is five hundred dollars ($500).
   (e) (1) The fee for filing in the superior court an application to
appear as counsel pro hac vice is five hundred dollars ($500). This
fee is in addition to any other fee required of the applicant. Two
hundred fifty dollars ($250) of the fee collected under this
paragraph shall be transmitted to the state for deposit into the
Immediate and Critical Needs Account of the State Court Facilities
Construction Fund, established in Section 70371.5. The remaining two
hundred fifty dollars ($250) of the fee shall be transmitted to the
state for deposit into the Trial Court Trust Fund, established in
Section 68085.
   (2) An attorney whose application to appear as counsel pro hac
vice has been granted shall pay to the superior court, on or before
the anniversary of the date the application was granted, an annual
renewal fee of five hundred dollars ($500) for each year that the
attorney maintains pro hac vice status in the case in which the
application was granted. The entire fee collected under this
paragraph shall be transmitted to the state for deposit into the
Trial Court Trust Fund, established in Section 68085.
   (f) Regardless of whether each motion or matter is heard at a
single hearing or at separate hearings, the filing fees required by
subdivisions (a), (c), (d), and (e) apply separately to each motion
or other paper filed. The Judicial Council may publish rules to give
uniform guidance to courts in applying fees under this section.
   (g) This section shall become inoperative on July 1,  2013
  2015  , and, as of January 1,  2014
  2016  , is repealed, unless a later enacted
statute, that becomes operative on or before January 1,  2014
  2016  , deletes or extends the dates on which it
becomes inoperative and is repealed.
   SEC. 44.    Section 70   617 of the 
 Government Code   , as added by Section 22 of Chapter
720 of   the Statutes of 2010, is amended to read: 
   70617.  (a) Except as provided in subdivisions (d) and (e), the
uniform fee for filing a motion, application, or any other paper
requiring a hearing subsequent to the first paper, is forty dollars
($40). Papers for which this fee shall be charged include the
following:
   (1) A motion listed in paragraphs (1) to (12), inclusive, of
subdivision (a) of Section 1005 of the Code of Civil Procedure.
   (2) A motion or application to continue a trial date.
   (3) An application for examination of a third person controlling
defendant's property under Section 491.110 or 491.150 of the Code of
Civil Procedure.
   (4) Discovery motions under Title 4 (commencing with Section
2016.010) of Part 4 of the Code of Civil Procedure.
   (5) A motion for a new trial of any civil action or special
proceeding.
   (6) An application for an order for a judgment debtor examination
under Section 708.110 or 708.160 of the Code of Civil Procedure.
   (7) An application for an order of sale of a dwelling under
Section 704.750 of the Code of Civil Procedure.
   (8) An ex parte application that requires a party to give notice
of the ex parte appearance to other parties.
   (b) There shall be no fee under subdivision (a) or (c) for filing
any of the following:
   (1) A motion, application, demurrer, request, notice, or
stipulation and order that is the first paper filed in an action and
on which a first paper filing fee is paid.
   (2) An amended notice of motion.
   (3) A civil case management statement.
   (4) A request for trial de novo after judicial arbitration.
   (5) A stipulation that does not require an order.
   (6) A request for an order to prevent civil harassment.
   (7) A request for an order to prevent domestic violence.
   (8) A request for entry of default or default judgment.
   (9) A paper requiring a hearing on a petition for emancipation of
a minor.
   (10) A paper requiring a hearing on a petition for an order to
prevent abuse of an elder or dependent adult.
   (11) A paper requiring a hearing on a petition for a writ of
review, mandate, or prohibition.
   (12) A paper requiring a hearing on a petition for a decree of
change of name or gender.
   (13) A paper requiring a hearing on a petition to approve the
compromise of a claim of a minor.
   (c) The fee for filing the following papers not requiring a
hearing is twenty dollars ($20):
   (1) A request, application, or motion for, or a notice of, the
continuance of a hearing or case management conference. The fee shall
be charged no more than once for each continuance. The fee shall not
be charged if the continuance is required by the court.
   (2) A stipulation and order.
   (3) A request for an order authorizing service of summons by
posting or by publication under Section 415.45 or 415.50 of the Code
of Civil Procedure.
   (d) The fee for filing a motion for summary judgment or summary
adjudication of issues is  two hundred dollars ($200)
  five hundred dollars ($500)  .
   (e)  (1)    The fee for filing in the superior
court an application to appear as counsel pro hac vice is 
two hundred fifty dollars ($250)   five hundred dollars
($500)  . This fee is in addition to any other fee required of
the applicant.  The entire   Two hundred fifty
dollars ($250) of the  fee collected under this 
subdivision   paragraph  shall be transmitted to
the state for deposit into the Immediate and Critical Needs Account
of the State Court Facilities Construction Fund, established in
Section 70371.5.  The remaining two hundred fifty dollars ($250)
of the fee shall be transmitted to the state for deposit into the
Trial Court Trust Fund, established in Section 68085.  
   (2) An attorney whose application to appear as counsel pro hac
vice has been granted shall pay to the superior court, on or before
the anniversary of the date the application was granted, an annual
renewal fee of five hundred dollars ($500) for each year that the
attorney maintains pro hac vice status in the case in which the
application was granted. The entire fee collected under this
paragraph shall be transmitted to the state for deposit into the
Trial Court Trust Fund, established in Section 68085. 
   (f) Regardless of whether each motion or matter is heard at a
single hearing or at separate hearings, the filing fees required by
subdivisions (a), (c), (d), and (e) apply separately to each motion
or other paper filed. The Judicial Council may publish rules to give
uniform guidance to courts in applying fees under this section.
   (g) This section shall become operative on July 1,  2013
  2015  .
   SEC. 45.    Section 70626 of the  
Government Code   , as amended by Section 7 of Chapter 457
of the Statutes of 2009, is   amended to read: 
   70626.  (a) The fee for each of the following services is
twenty-five dollars ($25). Subject to subdivision  (d)
  (e)  , amounts collected shall be distributed to
the Trial Court Trust Fund under Section 68085.1.
   (1) Issuing a writ of attachment, a writ of mandate, a writ of
execution, a writ of sale, a writ of possession, a writ of
prohibition, or any other writ for the enforcement of any order or
judgment.
   (2) Issuing an abstract of judgment.
   (3) Issuing a certificate of satisfaction of judgment under
Section 724.100 of the Code of Civil Procedure.
   (4) Certifying a copy of any paper, record, or proceeding on file
in the office of the clerk of any court.
   (5) Taking an affidavit, except in criminal cases or adoption
proceedings.
   (6) Acknowledgment of any deed or other instrument, including the
certificate.
   (7) Recording or registering any license or certificate, or
issuing any certificate in connection with a license, required by
law, for which a charge is not otherwise prescribed.
   (8) Issuing any certificate for which the fee is not otherwise
fixed.
   (b) The fee for each of the following services is thirty dollars
($30). Subject to subdivision  (d)   (e)  ,
amounts collected shall be distributed to the Trial Court Trust Fund
under Section 68085.1.
   (1) Issuing an order of sale.
   (2) Receiving and filing an abstract of judgment rendered by a
judge of another court and subsequent services based on it, unless
the abstract of judgment is filed under Section 704.750 or 708.160 of
the Code of Civil Procedure.
   (3) Filing a confession of judgment under Section 1134 of the Code
of Civil Procedure.
   (4) Filing an application for renewal of judgment under Section
683.150 of the Code of Civil Procedure.
   (5) Issuing a commission to take a deposition in another state or
place under Section 2026.010 of the Code of Civil Procedure, or
issuing a subpoena under Section 2029.300 to take a deposition in
this state for purposes of a proceeding pending in another
jurisdiction.
   (6) Filing and entering an award under the Workers' Compensation
Law (Division 4 (commencing with Section 3200) of the Labor Code).
   (7) Filing an affidavit of publication of notice of dissolution of
partnership.
   (8) Filing an appeal of a determination whether a dog is
potentially dangerous or vicious under Section 31622 of the Food and
Agricultural Code.
   (9) Filing an affidavit under Section 13200 of the Probate Code,
together with the issuance of one certified copy of the affidavit
under Section 13202 of the Probate Code.
   (10) Filing and indexing all papers for which a charge is not
elsewhere provided, other than papers filed in actions or special
proceedings, official bonds, or certificates of appointment.
   (c) The fee for filing a first petition under Section 2029.600 or
2029.620 of the Code of Civil Procedure, if the petitioner is not a
party to the out-of-state case, is eighty dollars ($80). Amounts
collected shall be distributed to the Trial Court Trust Fund pursuant
to Section 68085.1. 
   (d) The fee for delivering a will to the clerk of the superior
court in which the estate of a decedent may be administered, as
required by Section 8200 of the Probate Code, is fifty dollars ($50).
 
   (d) 
    (e)  From July 1, 2011, to June 30, 2017, inclusive, ten
dollars ($10) of each fee collected pursuant to subdivisions (a) and
(b) shall be used by the Judicial Council for the expenses of the
Judicial Council in implementing and administering the civil
representation pilot program under Section 68651. 
   (e) 
   (f)  This section shall become inoperative on July 1,
2017, and, as of January 1, 2018, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2018,
deletes or extends the dates on which it becomes inoperative and is
repealed.
   SEC. 46.    Section 70626 of the  
Government Code   , as added by Section 8 of Chapter 457 of
the   Statutes of 2009, is amended to read: 
   70626.  (a) The fee for each of the following services is fifteen
dollars ($15). Amounts collected shall be distributed to the Trial
Court Trust Fund under Section 68085.1.
   (1) Issuing a writ of attachment, a writ of mandate, a writ of
execution, a writ of sale, a writ of possession, a writ of
prohibition, or any other writ for the enforcement of any order or
judgment.
   (2) Issuing an abstract of judgment.
   (3) Issuing a certificate of satisfaction of judgment under
Section 724.100 of the Code of Civil Procedure.
   (4) Certifying a copy of any paper, record, or proceeding on file
in the office of the clerk of any court.
   (5) Taking an affidavit, except in criminal cases or adoption
proceedings.
   (6) Acknowledgment of any deed or other instrument, including the
certificate.
   (7) Recording or registering any license or certificate, or
issuing any certificate in connection with a license, required by
law, for which a charge is not otherwise prescribed.
   (8) Issuing any certificate for which the fee is not otherwise
fixed.
   (b) The fee for each of the following services is twenty dollars
($20). Amounts collected shall be distributed to the Trial Court
Trust Fund under Section 68085.1.
   (1) Issuing an order of sale.
   (2) Receiving and filing an abstract of judgment rendered by a
judge of another court and subsequent services based on it, unless
the abstract of judgment is filed under Section 704.750 or 708.160 of
the Code of Civil Procedure.
   (3) Filing a confession of judgment under Section 1134 of the Code
of Civil Procedure.
   (4) Filing an application for renewal of judgment under Section
683.150 of the Code of Civil Procedure.
   (5) Issuing a commission to take a deposition in another state or
place under Section 2026.010 of the Code of Civil Procedure, or
issuing a subpoena under Section 2029.300 to take a deposition in
this state for purposes of a proceeding pending in another
jurisdiction.
   (6) Filing and entering an award under the Workers' Compensation
Law (Division 4 (commencing with Section 3200) of the Labor Code).
   (7) Filing an affidavit of publication of notice of dissolution of
partnership.
   (8) Filing an appeal of a determination whether a dog is
potentially dangerous or vicious under Section 31622 of the Food and
Agricultural Code.
   (9) Filing an affidavit under Section 13200 of the Probate Code,
together with the issuance of one certified copy of the affidavit
under Section 13202 of the Probate Code.
   (10) Filing and indexing all papers for which a charge is not
elsewhere provided, other than papers filed in actions or special
proceedings, official bonds, or certificates of appointment.
   (c) The fee for filing a first petition under Section 2029.600 or
2029.620 of the Code of Civil Procedure, if the petitioner is not a
party to the out-of-state case, is eighty dollars ($80). Amounts
collected shall be distributed to the Trial Court Trust Fund pursuant
to Section 68085.1. 
   (d) The fee for delivering a will to the clerk of the superior
court in which the estate of a decedent may be administered, as
required by Section 8200 of the Probate Code, is fifty dollars ($50).
 
   (d) 
    (e)  This section shall become operative on July 1,
2017.
   SEC. 47.    Section 70657 of the  
Government Code   is amended to read: 
   70657.  (a) Except as provided in subdivision (c), the uniform fee
for filing a motion or other paper requiring a hearing subsequent to
the first paper in a proceeding under the Probate Code, other than a
petition or application or opposition described in Sections 70657.5
and 70658, is  forty dollars ($40)   sixty
dollars ($60)  . This fee shall be charged for the following
papers:
   (1) Papers listed in subdivision (a) of Section 70617.
   (2) Applications for ex parte relief, whether or not notice of the
application to any person is required, except an ex parte petition
for discharge of a personal representative, conservator, or guardian
upon completion of a court-ordered distribution or transfer, for
which no fee shall be charged.
   (3) Petitions or applications, or objections, filed subsequent to
issuance of temporary letters of conservatorship or guardianship or
letters of conservatorship or guardianship that are not subject to
the filing fee provided in subdivision (a) of Section 70658.
   (4) The first or subsequent petition for temporary letters of
conservatorship or guardianship.
   (b) There shall be no fee under subdivision (a) for filing any of
the papers listed under subdivision (b) of Section 70617.
   (c) The summary judgment fee provided in subdivision (d) of
Section 70617 shall apply to summary judgment motions in proceedings
under the Probate Code.
   (d) Regardless of whether each motion or matter is heard at a
single hearing or at separate hearings, the filing fees required by
subdivisions (a) and (c) apply separately to each motion or other
paper filed. The Judicial Council may publish rules to give uniform
guidance to courts in applying fees under this section.
   (e) No fee is payable under this section for a petition or
opposition filed subsequent to issuance of letters of temporary
guardianship or letters of guardianship in a guardianship described
in Section 70654. 
   (f) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.

   SEC. 48.    Section 70657 is added to the  
Government Code   , to read:  
   70657.  (a) Except as provided in subdivision (c), the uniform fee
for filing a motion or other paper requiring a hearing subsequent to
the first paper in a proceeding under the Probate Code, other than a
petition or application or opposition described in Sections 70657.5
and 70658, is forty dollars ($40). This fee shall be charged for the
following papers:
   (1) Papers listed in subdivision (a) of Section 70617.
   (2) Applications for ex parte relief, whether or not notice of the
application to any person is required, except an ex parte petition
for discharge of a personal representative, conservator, or guardian
upon completion of a court-ordered distribution or transfer, for
which no fee shall be charged.
   (3) Petitions or applications, or objections, filed subsequent to
issuance of temporary letters of conservatorship or guardianship or
letters of conservatorship or guardianship that are not subject to
the filing fee provided in subdivision (a) of Section 70658.
   (4) The first or subsequent petition for temporary letters of
conservatorship or guardianship.
   (b) There shall be no fee under subdivision (a) for filing any of
the papers listed under subdivision (b) of Section 70617.
   (c) The summary judgment fee provided in subdivision (d) of
Section 70617 shall apply to summary judgment motions in proceedings
under the Probate Code.
   (d) Regardless of whether each motion or matter is heard at a
single hearing or at separate hearings, the filing fees required by
subdivisions (a) and (c) apply separately to each motion or other
paper filed. The Judicial Council may publish rules to give uniform
guidance to courts in applying fees under this section.
   (e) No fee is payable under this section for a petition or
opposition filed subsequent to issuance of letters of temporary
guardianship or letters of guardianship in a guardianship described
in Section 70654.
   (f) This section shall become operative on July 1, 2015. 
   SEC. 49.    Section 70677 of the  
Government Code   is amended to read: 
   70677.  (a) The uniform fee for filing any motion, application,
order to show cause, or any other paper requiring a hearing
subsequent to the first paper is  forty dollars ($40)
  sixty dollars ($60)  . Papers for which this fee
shall be charged include the following:
   (1) Papers listed in subdivision (a) of Section 70617.
   (2) An order to show cause or notice of motion seeking temporary
prejudgment or postjudgment orders, including, but not limited to,
orders to establish, modify, or enforce child, spousal, or partner
support, custody and visitation of children, division and control of
property, attorney's fees, and bifurcation of issues.
   (b) There shall be no fee under subdivision (a) of this section
for filing any of the following:
   (1) A motion, motion to quash proceeding, application, or demurrer
that is the first paper filed in an action and on which a first
paper filing fee is paid.
   (2) An amended notice of motion or amended order to show cause.
   (3) A statement to register foreign support under Section 4951 of
the Family Code.
   (4) An application to determine the judgment after entry of
default.
   (5) A request for an order to prevent domestic violence.
   (6) A paper requiring a hearing on a petition for writ of review,
mandate, or prohibition that is the first paper filed in an action
and on which a first paper filing fee has been paid.
   (7) A stipulation that does not require an order.
   (c) The uniform fee for filing the following papers not requiring
a hearing is twenty dollars ($20):
   (1) A request, application, or motion for the continuance of a
hearing or case management conference.
   (2) A stipulation and order.
   (d) Regardless of whether each motion or matter is heard at a
single hearing or at separate hearings, the filing fees required
under paragraph (1) of subdivision (a) and under subdivision (c)
apply separately to each motion or other paper filed. If an order to
show cause or notice of motion is filed as specified in paragraph (2)
of subdivision (a) combining requests for relief or opposition to
relief on more than one issue, only one filing fee shall be charged
under this section. The Judicial Council may publish rules to give
uniform guidance to courts in applying fees under this section. 
   (e) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.

   SEC. 50.    Section 70677 is added to the  
Government Code   , to read:  
   70677.  (a) The uniform fee for filing any motion, application,
order to show cause, or any other paper requiring a hearing
subsequent to the first paper is forty dollars ($40). Papers for
which this fee shall be charged include the following:
   (1) Papers listed in subdivision (a) of Section 70617.
   (2) An order to show cause or notice of motion seeking temporary
prejudgment or postjudgment orders, including, but not limited to,
orders to establish, modify, or enforce child, spousal, or partner
support, custody and visitation of children, division and control of
property, attorney's fees, and bifurcation of issues.
   (b) There shall be no fee under subdivision (a) of this section
for filing any of the following:
   (1) A motion, motion to quash proceeding, application, or demurrer
that is the first paper filed in an action and on which a first
paper filing fee is paid.
                         (2) An amended notice of motion or amended
order to show cause.
   (3) A statement to register foreign support under Section 4951 of
the Family Code.
   (4) An application to determine the judgment after entry of
default.
   (5) A request for an order to prevent domestic violence.
   (6) A paper requiring a hearing on a petition for writ of review,
mandate, or prohibition that is the first paper filed in an action
and on which a first paper filing fee has been paid.
   (7) A stipulation that does not require an order.
   (c) The uniform fee for filing the following papers not requiring
a hearing is twenty dollars ($20):
   (1) A request, application, or motion for the continuance of a
hearing or case management conference.
   (2) A stipulation and order.
   (d) Regardless of whether each motion or matter is heard at a
single hearing or at separate hearings, the filing fees required
under paragraph (1) of subdivision (a) and under subdivision (c)
apply separately to each motion or other paper filed. If an order to
show cause or notice of motion is filed as specified in paragraph (2)
of subdivision (a) combining requests for relief or opposition to
relief on more than one issue, only one filing fee shall be charged
under this section. The Judicial Council may publish rules to give
uniform guidance to courts in applying fees under this section.
   (e) This section shall become operative on July 1, 2015. 
   SEC. 51.    Section 72011 of the  
Government Code   , as amended by Section   134 of
Chapter 296 of the Statutes of 2011, is amended to read: 
   72011.  (a) For each fee received for providing telephone
appearance services, each vendor or court that provides for
appearances by telephone shall transmit twenty dollars ($20) to the
State Treasury for deposit in the Trial Court Trust Fund established
pursuant to Section 68085. If the vendor or court receives a portion
of the fee as authorized under paragraph (2) of subdivision (b) of
Section 367.6 of the Code of Civil Procedure, the vendor or court
shall transmit only the proportionate share of the amount required
under this section. This section shall apply regardless of whether
the Judicial Council has established the statewide uniform fee
pursuant to Section 367.6 of the Code of Civil Procedure, or entered
into one or more master agreements pursuant to Section 72010 of this
code. This section shall not apply when a vendor or court does not
receive a fee.
   (b) The amounts described in subdivision (a) shall be transmitted
within 15 days after the end of each calendar quarter for fees
collected in that quarter.
   (c) Vendors shall also transmit an amount equal to the total
amount of revenue received by all courts from all vendors for
providing telephonic appearances for the 2009-10 fiscal year.
   (d) The amount set forth in subdivision (c) shall be apportioned
by the Judicial Council among the vendors with which the Judicial
Council has a master agreement pursuant to Section 72010. Within 15
days of receiving notice from the Judicial Council of its apportioned
amount, each vendor shall transmit that amount to the State Treasury
for deposit in the Trial Court Trust Fund.
   (e) The Judicial Council shall allocate the amount collected
pursuant to subdivisions (c) and (d) for the purpose of preventing
significant disruption in services in courts that previously received
revenues from vendors for providing telephone appearance services.
The Judicial Council shall determine the method and amount of the
allocation to each eligible court. 
   (f) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.

   SEC. 52.    Section 72011 of the  
Government Code   , as added by Section 25 of Chapter 720 of
  the Statutes of 2010, is repealed.  
   72011.  (a) Vendors that provide for appearances by telephone
shall transmit an amount equal to, and not to exceed, the total
amount of revenue received by all courts from all vendors for
providing telephone appearances for the 2009-10 fiscal year.
   (b) The amount set forth in subdivision (a) shall be apportioned
by the Judicial Council among the vendors with which the Judicial
Council has a master agreement pursuant to Section 72010. Within 15
days of receiving notice from the Judicial Council of its apportioned
amount, each vendor shall transmit that amount to the State Treasury
for deposit in the Trial Court Trust Fund established pursuant to
Section 68085.
   (c) The Judicial Council shall allocate the amount collected
pursuant to subdivisions (a) and (b) for the purpose of preventing
significant disruption in services in courts that previously received
revenues from vendors for providing telephone appearance services.
The Judicial Council shall determine the method and amount of the
allocation to each eligible court.
   (d) This section shall become operative on July 1, 2013. 

   SEC. 53.    Section 76000.3 of the  
Government Code   is amended to read: 
   76000.3.  (a) Notwithstanding any other  provision of
 law, for each parking offense where a parking penalty,
fine, or forfeiture is imposed, an added penalty of three dollars
($3) shall be imposed in addition to the penalty, fine, or forfeiture
set by the city, district, or other issuing agency.
   (b) For each infraction parking violation for which a penalty or
fine is collected in the courts of the county, the county treasurer
shall transmit the penalty imposed pursuant to subdivision (a) to the
Treasurer for deposit in the Trial Court Trust Fund established by
Section 68085. These moneys shall be taken from the penalties, fines,
and forfeitures deposited with the county treasurer prior to any
division pursuant to Section 1463.009 of the Penal Code. The judges
of the county shall increase the bail schedule amounts as appropriate
for infraction parking violations to reflect the added penalty
provided for by subdivision (a).
   (c) In those cities, districts, or other issuing agencies which
elect to accept parking penalties, and otherwise process parking
violations pursuant to Article 3 (commencing with Section 40200) of
Chapter 1 of Division 17 of the Vehicle Code, that city, district, or
issuing agency shall collect the added penalty imposed by this
section. Each agency that elects to process parking violations shall
pay to the Treasurer for deposit in the Trial Court Trust Fund three
dollars ($3) for each civil parking penalty collected on each
violation. Those payments to the Treasurer shall be made monthly.

   (d) This section shall become operative 60 days after the
enactment of the Budget Act of 2010.  
   (e) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.

   SEC. 54.    Section 77003 of the  
Government Code   is amended to read: 
   77003.  (a) As used in this chapter, "court operations" means all
of the following:
   (1) Salaries, benefits, and public agency retirement contributions
for superior court judges and for subordinate judicial officers. For
purposes of this paragraph, "subordinate judicial officers" includes
all commissioner or referee positions created prior to July 1, 1997,
including positions created in the municipal court prior to July 1,
1997, which thereafter became positions in the superior court as a
result of unification of the municipal and superior courts in a
county, and including those commissioner positions created pursuant
to former Sections 69904, 70141, 70141.9, 70142.11, 72607, 73794,
74841.5, and 74908; and includes any staff who provide direct support
to commissioners; but does not include commissioners or staff who
provide direct support to the commissioners whose positions were
created after July 1, 1997, unless approved by the Judicial Council,
subject to availability of funding.
   (2) The salary, benefits, and public agency retirement
contributions for other court staff. 
   (3) Those marshals and sheriffs as the court deems necessary for
court operations.  
   (3) Court security, but only to the extent consistent with court
responsibilities under Article 8.5 (commencing with Section 69920) of
Chapter 5. 
   (4) Court-appointed counsel in juvenile court dependency
proceedings and counsel appointed by the court to represent a minor
pursuant to Chapter 10 (commencing with Section 3150) of Part 2 of
Division 8 of the Family Code.
   (5) Services and supplies relating to court operations.
   (6) Collective bargaining under Sections 71630 and 71639.3 with
respect to court employees.
   (7) Subject to paragraph (1) of subdivision (d) of Section 77212,
actual indirect costs for county and city and county general services
attributable to court operations, but specifically excluding, but
not limited to, law library operations conducted by a trust pursuant
to statute; courthouse construction; district attorney services;
probation services; indigent criminal defense; grand jury expenses
and operations; and pretrial release services.
   (8) Except as provided in subdivision (b),  and subject to
Article 8.5 (commencing with Section 69920) of Chapter 5,  other
matters listed as court operations in Rule 10.810 of the California
Rules of Court as it read on January 1, 2007.
   (b) However, "court operations" does not include collection
enhancements as defined in Rule 10.810 of the California Rules of
Court as it read on January 1, 2007.
   SEC. 55.    Section 77202 of the  
Government Code   is amended to read: 
   77202.  (a) The Legislature shall make an annual appropriation to
the Judicial Council for the general operations of the trial courts
based on the request of the Judicial Council. The Judicial Council's
trial court budget request, which shall be submitted to the Governor
and the Legislature, shall meet the needs of all trial courts in a
manner that ensures a predictable fiscal environment for labor
negotiations in accordance with the Trial Court Employment Protection
and Governance Act (Chapter 7 (commencing with Section 71600) of
Title 8), that promotes equal access to the courts statewide, and
that promotes court financial accountability. The annual budget
request shall include the following components:
   (1) Commencing with the 2006-07 fiscal year, annual General Fund
appropriations to support the trial courts shall be comprised of both
of the following:
   (A) The current fiscal year General Fund appropriations, which
include all of the following:
   (i) General Fund moneys appropriated for transfer or direct local
assistance in support of the trial courts.
   (ii) Transfers to the  Judicial Administration Efficiency
  State Trial Court Improvement  and Modernization
Fund.
   (iii) Local assistance grants made by the Judicial Council,
including the Equal Access Fund.
   (iv) The full year cost of budget change proposals approved
through the 2006-07 fiscal year or subsequently approved in
accordance with paragraph (2), but excluding lease-revenue payments
and funding for costs specifically and expressly reimbursed through
other state or federal funding sources, excluding the cost of
one-time or expiring programs.
   (B) A cost-of-living and growth adjustment computed by multiplying
the year-to-year percentage change in the state appropriation limit
as described in Section 3 of Article XIII B of the California
Constitution by the sum of all of the following:
   (i) The current year General Fund appropriations for the trial
courts, as defined in subparagraph (A).
   (ii) The amount of county obligations established pursuant to
subdivision (b) of Section 77201.1 in effect as of June 30, 2005, six
hundred ninety-eight million sixty-eight thousand dollars
($698,068,000).
   (iii) The level of funding required to be transferred from the
 State  Trial Court Improvement  and Modernization 
Fund to the Trial Court Trust Fund pursuant to subdivision (k) of
Section 77209,  thirty-one   thirteen 
million  five hundred sixty-three  three hundred
ninety-seven  thousand dollars  ($31,563,000) 
 ($13,397,000)  .
   (iv) Funding deposited into the Court Facilities Trust Fund
associated with each facility that was transferred to the state not
less than two fiscal years earlier than the fiscal year for which the
cost-of-living and growth adjustment is being calculated.
   (v) The court filing fees and surcharges projected to be deposited
into the Trial Court Trust Fund in the 2005-06 fiscal year, adjusted
to reflect the full-year implementation of the uniform civil fee
structure implemented on January 1, 2006, three hundred sixty-nine
million six hundred seventy-two thousand dollars ($369,672,000).
   (2) In addition to the moneys to be applied pursuant to
subdivision (b), the Judicial Council may identify and request
additional funding for the trial courts for costs resulting from the
implementation of statutory changes that result in either an
increased level of service or a new activity that directly affects
the programmatic or operational needs of the courts.
   (b) The Judicial Council shall allocate the funding from the Trial
Court Trust Fund to the trial courts in a manner that best ensures
the ability of the courts to carry out their functions, promotes
implementation of statewide policies, and promotes the immediate
implementation of efficiencies and cost-saving measures in court
operations, in order to guarantee access to justice to citizens of
the state.
   The Judicial Council shall ensure that allocations to the trial
courts recognize each trial court's implementation of efficiencies
and cost-saving measures.
   These efficiencies and cost-saving measures shall include, but not
be limited to, the following:
   (1) The sharing or merger of court support staff among trial
courts across counties.
   (2) The assignment of any type of case to a judge for all purposes
commencing with the filing of the case and regardless of
jurisdictional boundaries.
   (3) The establishment of a separate calendar or division to hear a
particular type of case.
   (4) In rural counties, the use of all court facilities for
hearings and trials of all types of cases and the acceptance of
filing documents in any case.
   (5) The use of alternative dispute resolution programs, such as
arbitration.
   (6) The development and use of automated accounting and
case-processing systems.
   (c) (1) The Judicial Council shall adopt policies and procedures
governing practices and procedures for budgeting in the trial courts
in a manner that best ensures the ability of the courts to carry out
their functions and may delegate the adoption to the Administrative
Director of the Courts. The Administrative Director of the Courts
shall establish budget procedures and an annual schedule of budget
development and management consistent with these rules.
   (2) The trial court policies and procedures shall specify the
process for a court to transfer existing funds between or among the
budgeted program components to reflect changes in the court's planned
operation or to correct technical errors. If the process requires a
trial court to request approval of a specific transfer of existing
funds, the Administrative Office of the Courts shall review the
request to transfer funds and respond within 30 days of receipt of
the request. The Administrative Office of the Courts shall respond to
the request for approval or denial to the affected court, in
writing, with copies provided to the Department of Finance, the
Legislative Analyst's Office, the Legislature's budget committees,
and the court's affected labor organizations.
   (3) The Judicial Council shall circulate for comment to all
affected entities any amendments proposed to the trial court policies
and procedures as they relate to budget monitoring and reporting.
Final changes shall be adopted at a meeting of the Judicial Council.
   SEC. 56.   Section 77203 of the   Government
Code   is repealed.  
   77203.  The Judicial Council may authorize a trial court to carry
unexpended funds over from one fiscal year to the next, provided that
the court carrying over the funds has fully implemented all
provisions of former Rule 991 of the California Rules of Court as it
read on July 1, 1996, regarding trial court coordination. 
   SEC. 57.    Section 77203 is added to the  
Government Code   , to read:  
   77203.  (a) Prior to June 30, 2014, a trial court may carry over
all unexpended funds from the courts operating budget from the prior
fiscal year.
   (b) Commencing June 30, 2014, a trial court may carry over
unexpended funds in an amount not to exceed 1 percent of the courts
operating budget from the prior fiscal year. 
   SEC. 58.    Section 7   7204 of the 
 Government Code   is amended to read: 
   77204.  (a) The Judicial Council shall have the authority to
allocate funds appropriated annually to the State Trial Court
 Trust   Improvement and Modernization 
Fund for the purpose of paying legal costs resulting from lawsuits or
claims involving the state, the Judicial Council, or a member or
employee of the Judicial Council or Administrative Office of the
Court and arising out of (1) the actions or conduct of a trial court,
trial court bench officer, or trial court employee, (2) a challenge
to a California rule of court, form, local trial court rule, or
policy, or (3) the actions or conduct of the Judicial Council or the
Administrative Office of the Court affecting one or more trial courts
and for which the state is named as a defendant or alleged to be the
responsible party.
   (b) For the purposes of this section, legal costs are defined to
be (1) the state's or Judicial Council's portion of any agreement,
settlement decree, stipulation, or stipulated judgment; (2) the state'
s or Judicial Council's portion of any payment required pursuant to a
judgment or order; or (3) attorneys' fees, legal assistant fees, and
any litigation costs and expenses, including, but not limited to,
experts' fees incurred by the state or Judicial Council.
   SEC. 59.    Section 77205 of the  Government
Code   is amended to read: 
   77205.  (a) Notwithstanding any other provision of law, in any
year in which a county collects fee, fine, and forfeiture revenue for
deposit into the county general fund pursuant to Sections 1463.001
and 1464 of the Penal Code, Sections 42007, 42007.1, and 42008 of the
Vehicle Code, and Sections 27361 and 76000 of, and subdivision (f)
of Section 29550 of, the Government Code that would have been
deposited into the General Fund pursuant to these sections as they
read on December 31, 1997, and pursuant to Section 1463.07 of the
Penal Code, and that exceeds the amount specified in paragraph (2) of
subdivision (b) of Section 77201 for the 1997-98 fiscal year, and
paragraph (2) of subdivision (b) of Section 77201.1 for the 1998-99
fiscal year, and thereafter, the excess amount shall be divided
between the county or city and county and the state, with 50 percent
of the excess transferred to the state for deposit in the  State
 Trial Court Improvement  and Modernization  Fund and
50 percent of the excess deposited into the county general fund. The
Judicial Council shall allocate 80 percent of the amount deposited in
the  State  Trial Court Improvement  and Modernization
 Fund pursuant to this subdivision each fiscal year that exceeds
the amount deposited in the 2002-03 fiscal year among:
   (1) The trial court in the county from which the revenue was
deposited.
   (2) Other trial courts, as provided in paragraph (1) of
subdivision (a) of Section 68085.
   (3) For retention in the  State  Trial Court Improvement
 and Modernization  Fund.
   For the purpose of this subdivision, fee, fine, and forfeiture
revenue shall only include revenue that would otherwise have been
deposited in the General Fund prior to January 1, 1998.
   (b) Any amounts required to be distributed to the state pursuant
to subdivision (a) shall be remitted to the Controller no later than
45 days after the end of the fiscal year in which those fees, fines,
and forfeitures were collected. This remittance shall be accompanied
by a remittance advice identifying the quarter of collection and
stating that the amount should be deposited in the  State 
Trial Court Improvement  and Modernization  Fund.
   (c) Notwithstanding subdivision (a), the following counties whose
base-year remittance requirement was reduced pursuant to subdivision
(c) of Section 77201.1 shall not be required to split their annual
fee, fine, and forfeiture revenues as provided in this section until
such revenues exceed the following amounts:
County                                 Amount
Placer .....................      $ 1,554,677
Riverside ..................       11,028,078
San Joaquin ................        3,694,810
San Mateo ..................        5,304,995
Ventura ....................        4,637,294


   SEC. 60.    Section 77209 of the  
Government Code   is amended to read: 
   77209.  (a) There is in the State Treasury the  State 
Trial Court Improvement  and Modernization  Fund.  The
State Trial Court Improvement and Modernization Fund is the successor
fund of the Trial Court Improvement Fund and the Judicial
Administration Efficiency and Modernization Fund. All assets,
liabilities, revenues, and expenditures of the Trial Court
Improvement Fund and the Judicial Administration Efficiency and
Modernization Fund shall be transferred to and become a part of the
State Trial Court   Improvement and Modernization Fund. Any
reference in state law to the Trial Court Improvement Fund or the
Judicial Administration Efficiency and Modernization Fund shall be
construed to refer to the State Trial Court Improvement and
Modernization Fund.  
   (b) The Judicial Council shall reserve funds for projects by
transferring 1 percent of the amount appropriated for support for
operation of the trial courts to the Trial Court Improvement Fund. At
least one-half of this amount shall be set aside as a reserve that
shall not be allocated prior to March 15 of each year unless
allocated to a court or courts for urgent needs.  
   (c) 
    (   b)  Any funds in the  State  Trial
Court Improvement  and Modernization  Fund that are
unencumbered at the end of the fiscal year shall be reappropriated to
the  State  Trial Court Improvement  and Modernization
 Fund for the following fiscal year. 
   (d) 
    (  c)  Moneys deposited in the  State 
Trial Court Improvement  and Modernization  Fund shall be
placed in an interest-bearing account. Any interest earned shall
accrue to the fund and shall be disbursed pursuant to subdivision
 (e)   (d)  . 
   (e) 
    (   d)  Moneys deposited in the  State
 Trial Court Improvement  and Modernization  Fund may
be disbursed for purposes of this section. 
   (f) 
    (e)  Moneys deposited in the  State  Trial
Court Improvement  and Modernization  Fund pursuant to
Section 68090.8 shall be allocated by the Judicial Council for
automated administrative system improvements pursuant to that section
and in furtherance of former Rule 991 of the California Rules of
Court, as it read on July 1, 1996. As used in this subdivision,
"automated administrative system" does not include electronic
reporting systems for use in a courtroom. 
   (g) 
    (f)  Moneys deposited in the  State  Trial
Court Improvement  and Modernization  Fund shall be
administered by the Judicial Council. The Judicial Council may, with
appropriate guidelines, delegate to the Administrative Director of
the Courts the administration of the fund. Moneys in the fund may be
expended to implement trial court projects approved by the Judicial
Council. Expenditures may be made to vendors or individual trial
courts that have the responsibility to implement approved projects.

   (h) 
    (g)  Notwithstanding other provisions of this section,
the 2-percent automation fund moneys deposited in the  State
 Trial Court Improvement  and Modernization  Fund
pursuant to Section 68090.8 shall be allocated by the Judicial
Council to statewide initiatives related to trial court automation
and their implementation. The Judicial Council shall allocate the
remainder of the moneys deposited in the Trial Court Improvement Fund
as specified in this section.
   For the purposes of this subdivision, "2-percent automation fund"
means the fund established pursuant to Section 68090.8 as it read on
June 30, 1996. As used in this subdivision, "statewide initiatives
related to trial court automation and their implementation" does not
include electronic reporting systems for use in a courtroom. 

   (i) 
    (   h)  Royalties received from the publication
of uniform jury instructions shall be deposited in the  State
 Trial Court Improvement  and Modernization  Fund and
used for the improvement of the jury system. 
   (j) 
    (i)  The Judicial Council shall present an annual report
to the Legislature on the use of the  State Trial Court
Improvement  and Modernization  Fund. The report shall
include appropriate recommendations. 
   (k) 
    (j)  Each fiscal year, the Controller shall transfer
 thirty-one million five hundred sixty-three thousand dollars
($31,563,000)   thirteen million three hundred ninet
  y-seven thousand dollars ($13,397,000)  from the 
State  Trial Court Improvement  and Modernization 
Fund to the Trial Court Trust Fund for allocation to trial courts for
court operations.
   SEC. 61.    Section 77213 of the  
Government Code   is repealed.  
                                                            77213.
(a) There is in the State Treasury the Judicial Administration
Efficiency and Modernization Fund.
   (b) Moneys deposited into this fund shall be administered by the
Judicial Council, subject to appropriation by the Legislature. The
Judicial Council may, with appropriate guidelines, delegate to the
Administrative Office of the Courts the administration of the fund.
Moneys in the fund may be expended to promote improved access,
efficiency, and effectiveness in trial courts that have unified to
the fullest extent permitted by law. Moneys in the fund may be
expended to implement projects approved by the Judicial Council.
Expenditures may be made to vendors or individual trial courts that
have the responsibility to implement approved projects. Projects
approved by the Judicial Council may include, but are not limited to,
the following:
   (1) Support the payment for cost of judicial officers or court
staff who participate in in-state education programs, or to support
local trial court education programs.
   (2) Improved technology including information systems programming
or equipment upgrades that meet standards approved by the Judicial
Council and that promote efficiency and access to justice, or other
technology that promotes access, efficiency, or security.
   (3) Retain experienced jurists by establishing incentives of
enhanced judicial benefits and educational sabbaticals, not to exceed
120 days every five years, as provided for by rules of court adopted
by the Judicial Council.
   (4) Acquire improved legal research through the use of law clerks
or technology.
   (c) Annually, the Judicial Council shall adopt criteria,
timelines, and procedures for the allocation of funds to support
activities for the benefit of qualified courts. The Judicial Council
may allocate funding to pay program costs directly, contract with
courts, and permanently reallocate funding to courts subject to the
following limitations:
   (1) Not more than 20 percent of the fund may be permanently
reallocated pursuant to paragraph (1) of subdivision (b). The
Judicial Council shall develop a plan which will permit the extension
of the benefits to all judges of the state at such time when the
trial courts of all counties have unified to the maximum extent
permitted by law.
   (2) Not more than 40 percent may be permanently reallocated to
trial courts for any other purpose approved by the Judicial Council.
   (3) The Judicial Council shall retain at least 40 percent of the
funding to support annual allocations for improvement projects and
programs in qualifying courts.
   (4) Written notice shall be given to the Director of the
Department of Finance and the Joint Legislative Budget Committee of
any permanent reallocation.
   (d) Except as specified in this section, the funding in the
Judicial Administration Efficiency and Modernization Fund shall be
subject to the expenditures as specified in Section 77205. Any funds
in the Judicial Administration Efficiency and Modernization Fund that
are unencumbered at the end of the fiscal year shall be retained in
the Judicial Administration Efficiency and Modernization Fund for the
following fiscal year.
   (e) Moneys deposited in the Judicial Administration Efficiency and
Modernization Fund shall be placed in an interest-bearing account.
Any interest earned shall accrue to the fund and shall be disbursed
pursuant to subdivision (f).
   (f) Money deposited in the Judicial Administration Efficiency and
Modernization Fund may be disbursed for purposes of this section.

   SEC. 62.    Section 1170.05 of the   Penal
Code   is amended to read: 
   1170.05.  (a) Notwithstanding any other law, the Secretary of the
Department of Corrections and Rehabilitation is authorized to offer a
program under which female inmates  , pregnant inmates, or
inmates who were primary caregivers of dependent children immediately
prior to incarceration,  as specified in subdivision (c),
who are not precluded by subdivision (d), and who have been committed
to state prison may be allowed to participate in a voluntary
alternative custody program as defined in subdivision (b) in lieu of
their confinement in state prison. In order to qualify for the
program an offender need not be confined in an institution under the
jurisdiction of the Department of Corrections and Rehabilitation.
Under this program, one day of participation in an alternative
custody program shall be in lieu of one day of incarceration in the
state prison. Participants in the program shall receive any sentence
reduction credits that they would have received had they served their
sentence in the state prison, and shall be subject to denial and
loss of credit pursuant to subdivision (a) of Section 2932. The
department may enter into contracts with county agencies,
not-for-profit organizations, for-profit organizations, and others in
order to promote alternative custody placements.
   (b) As used in this section, an alternative custody program shall
include, but not be limited to, the following:
   (1) Confinement to a residential home during the hours designated
by the department.
   (2) Confinement to a residential drug or treatment program during
the hours designated by the department.
   (3) Confinement to a transitional care facility that offers
appropriate services.
   (c) Except as provided by subdivision (d), female inmates 
, pregnant inmates, or inmates who were primary caregivers of
dependent children immediately prior to incarceration 
sentenced to state prison for a determinate term of imprisonment
pursuant to Section 1170, and only those persons, shall be eligible
to participate in the alternative custody program authorized by this
section.
   (d) An inmate committed to the state prison who meets any of the
following criteria shall not be eligible to participate in the
alternative custody program:
   (1) The person has a current  or prior 
conviction for a violent felony as defined in Section 667.5.
   (2) The person has a current  or prior 
conviction for a serious felony as defined in Sections 1192.7 and
1192.8.
   (3) The person has a current or prior conviction for an offense
that requires the person to register as a sex offender as provided in
Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1.
   (4) The person was screened by the department using a validated
risk assessment tool and determined to pose a high risk to commit a
violent offense.
   (5) The person has a history, within the last 10 years, of escape
from a facility while under juvenile or adult custody, including, but
not limited to, any detention facility, camp, jail, or state prison
facility.
   (e) An alternative custody program shall include the use of
electronic monitoring, global positioning system devices, or other
supervising devices for the purpose of helping to verify a
participant's compliance with the rules and regulations of the
program. The devices shall not be used to eavesdrop or record any
conversation, except a conversation between the participant and the
person supervising the participant, in which case the recording of
such a conversation is to be used solely for the purposes of voice
identification.
   (f) (1) In order to implement alternative custody for the
population specified in subdivision (c), the department shall create,
and the participant shall agree to and fully participate in, an
individualized treatment and rehabilitation plan  of
evidence-based programs and services that will aid in the successful
reentry into society while he or she takes part in alternative
custody  .  When available and appropriate for the
individualized treatment and rehabilitation plan, the department
shall prioritize the use of evidence-based programs and services that
will aid in the successful reentry into society while she takes part
in alternative custody. Case management services shall be provided
to support rehabilitation and to track the progress and
individualized treatment plan compliance of the inmate. 

   (2) The department shall collaborate with local law enforcement
and community-based programs that administer evidence-based practices
in order to prevent recidivism among individuals placed in
alternative custody and assist in reentry into society. Mandatory
case management services shall be provided to support rehabilitation,
and to track the progress and individualized treatment plan
compliance of the inmate.  
   (3) 
    (2)  For purposes of this section, "evidence-based
practices" means supervision policies, procedures, programs, and
practices demonstrated by scientific research to reduce recidivism
among individuals under probation, parole, or postrelease 
community  supervision.
   (g) The secretary shall prescribe reasonable rules and regulations
under which the alternative custody program shall operate. The
department shall adopt regulations necessary to effectuate this
section, including emergency regulations as provided under Section
5058.3 and adopted pursuant to the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code). The participant shall be informed
in writing that  he or  she shall comply with the
rules and regulations of the program, including, but not limited to,
the following rules:
   (1) The participant shall remain within the interior premises of
 his or  her residence during the hours designated
by the secretary or his or her designee.
   (2) The participant shall be subject to search and seizure by a
peace officer at any time of the day or night, with or without cause.
In addition, the participant shall admit any peace officer
designated by the secretary or his or her designee into the
participant's residence at any time for purposes of verifying the
participant's compliance with the conditions of  his or
 her detention. Prior to participation in the alternative
custody program, all participants shall agree in writing to these
terms and conditions.
   (3) The secretary or his or her designee may immediately retake
the participant into custody to serve the balance of  his or
 her sentence if the electronic monitoring or supervising
devices are unable for any reason to properly perform their function
at the designated place of detention, if the participant fails to
remain within the place of detention as stipulated in the agreement,
or if the participant for any other reason no longer meets the
established criteria under this section.
   (h) Whenever a peace officer supervising a participant has
reasonable suspicion 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 secretary or his or her designee, and
without a warrant of arrest, retake the participant into custody to
complete the remainder of the original sentence.
   (i) Nothing in this section shall be construed to require the
secretary or his or her designee to allow an inmate to participate in
this program if it appears from the record that the inmate has not
satisfactorily complied with reasonable rules and regulations while
in custody. An inmate shall be eligible for participation in an
alternative custody program only if the secretary or his or her
designee concludes that the inmate meets the criteria for program
participation established under this section and that the inmate's
participation is consistent with any reasonable rules and regulations
prescribed by the secretary.
   (1) The rules and regulations and administrative policies of the
program shall be written and shall be given or made available to the
participant upon assignment to the alternative custody program.
   (2) The secretary or his or her designee shall have the sole
discretion concerning whether to permit program participation as an
alternative to custody in state prison. A risk and needs assessment
shall be completed on each inmate to assist in the determination of
eligibility for participation and the type of alternative custody.
   (j) The secretary or his or her designee shall permit program
participants to seek and retain employment in the community, attend
psychological counseling sessions or educational or vocational
training classes, participate in life skills or parenting training,
utilize substance abuse treatment services, or seek medical and
dental assistance based upon the participant's individualized
treatment and release plan. Participation in other rehabilitative
services and programs may be approved by the case manager if it is
specified as a requirement of the inmate's individualized treatment
and rehabilitative case plan. Willful failure of the program
participant to return to the place of detention not later than the
expiration of any period of time during which  he or
 she is authorized to be away from the place of detention
pursuant to this section, unauthorized departures from the place of
detention, or tampering with or disabling, or attempting to tamper
with or disable, an electronic monitoring device shall subject the
participant to a return to custody pursuant to subdivisions (g) and
(h). In addition, participants may be subject to forfeiture of
credits pursuant to the provisions of Section 2932, or to discipline
for violation of rules established by the secretary.
   (k) (1) Notwithstanding any other law, the secretary or his or her
designee shall provide the information specified in paragraph (2)
regarding participants in an alternative custody program to the law
enforcement agencies of the jurisdiction in which persons
participating in an alternative custody program reside.
   (2) The information required by paragraph (1) shall consist of the
following:
   (A) The participant's name, address, and date of birth.
   (B) The offense committed by the participant.
   (C) The period of time the participant will be subject to an
alternative custody program.
   (3) The information received by a law enforcement agency pursuant
to this subdivision may be used for the purpose of monitoring the
impact of an alternative custody program on the community.
   (l) It is the intent of the Legislature that the alternative
custody program established under this section maintain the highest
public confidence, credibility, and public safety. In the furtherance
of these standards, the secretary may administer an alternative
custody program pursuant to written contracts with appropriate public
agencies or entities to provide specified program services. No
public agency or entity entering into a contract may itself employ
any person who is in an alternative custody program. The department
shall determine the recidivism rate of each participant in an
alternative custody program.
   (m) An inmate participating in this program must voluntarily agree
to all of the provisions of the program in writing, including that
 he or  she may be returned to confinement at any
time with or without cause, and shall not be charged fees or costs
for the program.
   (n) The state shall retain responsibility for the medical, dental,
and mental health needs of individuals participating in the
alternative custody program.
   (o) The secretary shall adopt emergency regulations specifically
governing participants in this program. 
   (p) A person is a primary caregiver of a dependent child for
purposes of this section if all of the following criteria are met:
 
   (1) The child is the inmate's son, daughter, stepchild, adopted
child, or foster child.  
   (2) The child is 17 years of age or less at the time of the inmate'
s placement into the alternative custody program.  
   (3) The child resided with the inmate for the majority of the year
preceding the inmate's arrest.  
   (4) At the time the inmate was arrested, the inmate had physical
custody of the child and was primarily responsible for the care and
upbringing of the child.  
   (q) 
    (p)  If  any   a  phrase,
clause, sentence, or provision of this section or application thereof
to  any   a  person or circumstance is
held invalid,  such   that  invalidity
shall not affect any other phrase, clause, sentence, or provision or
application of this section, which can be given effect without the
invalid phrase, clause, sentence, or provision or application and to
this end the provisions of this section are declared to be severable.

   SEC. 63.    Section 1231 of the  Penal Code
  is amended to read: 
   1231.  (a) Community corrections programs funded pursuant to this
act shall identify and track specific outcome-based measures
consistent with the goals of this act.
   (b) The Administrative Office of the Courts, in consultation with
the Chief Probation Officers of California, shall specify and define
minimum required outcome-based measures, which shall include, but not
be limited to, all of the following:
   (1) The percentage of persons on felony probation who are being
supervised in accordance with evidence-based practices.
   (2) The percentage of state moneys expended for programs that are
evidence-based, and a descriptive list of all programs that are
evidence-based.
   (3) Specification of supervision policies, procedures, programs,
and practices that were eliminated.
   (4) The percentage of persons on felony probation who successfully
complete the period of probation.
   (c) Each CPO receiving funding pursuant to Sections 1233 to
1233.6, inclusive, shall provide an annual written report to the
Administrative Office of the Courts and the Department of Corrections
and Rehabilitation evaluating the effectiveness of the community
corrections program, including, but not limited to, the data
described in subdivision (b).
   (d) The Administrative Office of the Courts shall, in consultation
with the CPO of each county and the Department of Corrections and
Rehabilitation, provide a quarterly statistical report to the
Department of Finance including, but not limited to, the following
statistical information for each county:
   (1) The number of felony filings.
   (2) The number of felony convictions.
   (3) The number of felony convictions in which the defendant was
sentenced to the state prison.
   (4) The number of felony convictions in which the defendant was
granted probation.
   (5) The adult felon probation population.
   (6) The number of felons who had their probation revoked and were
sent to prison for that revocation.
   (7) The number of adult felony probationers sent to state prison
for a conviction of a new felony offense, including when probation
was revoked or terminated. 
   (8) The number of felons who had their probation revoked and were
sent to county jail for that revocation.  
   (9) The number of adult felony probationers sent to county jail
for a conviction of a new felony offense, including when probation
was revoked or terminated. 
   SEC. 64.    Section 1233.1 of the   Penal
Code  is amended to read: 
   1233.1.  After the conclusion of each calendar year following the
enactment of this section, the Director of Finance, in consultation
with the Department of Corrections and Rehabilitation, the Joint
Legislative Budget Committee, the Chief Probation Officers of
California, and the Administrative Office of the Courts, shall
calculate the following for that calendar year:
   (a) The cost to the state to incarcerate in prison and supervise
on parole a probationer sent to prison. This calculation shall take
into consideration factors, including, but not limited to, the
average length of stay in prison and on parole for probationers, as
well as the associated parole revocation rates, and revocation costs.

   (b) The statewide probation  failure   to
prison  rate. The statewide probation failure  to prison
 rate shall be calculated as the total number of adult felony
probationers statewide sent to prison in the previous year as a
percentage of the average statewide adult felony probation population
for that year.
   (c) A probation failure  to prison  rate for each county.
Each county's probation failure  to prison  rate shall be
calculated as the number of adult felony probationers sent to prison
from that county in the previous year as a percentage of the county's
average adult felony probation population for that year.
   (d) An estimate of the number of adult felony probationers each
county successfully prevented from being sent to prison. For each
county, this estimate shall be calculated based on the reduction in
the county's probation failure  to prison  rate as
calculated annually pursuant to subdivision (c) of this section and
the county's baseline probation failure rate as calculated pursuant
to Section 1233. In making this estimate, the Director of Finance, in
consultation with the Department of Corrections and Rehabilitation,
the Joint Legislative Budget Committee, the Chief Probation Officers
of California, and the Administrative Office of the Courts, shall
adjust the calculations to account for changes in each county's adult
felony probation caseload in the most recent completed calendar year
as compared to the county's adult felony probation population during
the period 2006 to 2008, inclusive.
   (e) In calculating probation failure  to prison  rates
for the state and individual counties, the number of adult felony
probationers sent to prison shall include those adult felony
probationers sent to state prison for a revocation of probation, as
well as adult felony probationers sent to state prison for a
conviction of a new felony offense. The calculation shall also
include adult felony probationers who are sent to prison for
conviction of a new crime and who simultaneously have their probation
terms terminated.
   SEC. 65.    Section 1233.6 of the   Penal
Code   is amended to read: 
   1233.6.  (a) Probation failure reduction incentive payments and
high performance grants calculated for any calendar year shall be
provided to counties in the following fiscal year. The total annual
payment to each county shall be divided into four equal quarterly
payments.
   (b) The Department of Finance shall include an estimate of the
total probation failure reduction incentive payments and high
performance grants to be provided to counties in the coming fiscal
year as part of the Governor's proposed budget released no later than
January 10 of each year. This estimate shall be adjusted by the
Department of Finance, as necessary, to reflect the actual
calculations of probation revocation incentive payments and high
performance grants completed by the Director of Finance, in
consultation with the Department of Corrections and Rehabilitation,
the Joint Legislative Budget Committee, the Chief Probation Officers
of California, and the Administrative Office of the Courts. This
adjustment shall occur as part of standard budget revision processes
completed by the Department of Finance in April and May of each year.

   (c) There is hereby established, in the State Treasury, the State
Community Corrections Performance Incentives Fund, which is
continuously appropriated. Moneys appropriated for purposes of
providing probation revocation incentive payments and high
performance grants authorized in Sections 1230 to 1233.6, inclusive,
shall be transferred into this fund from the General Fund. Any moneys
transferred into this fund from the General Fund shall be
administered by the Administrative Office of the Courts and the share
calculated for each county probation department shall be transferred
to its Community Corrections Performance Incentives Fund authorized
in Section 1230.  No more than 1 percent of the estimated
savings to the state resulting from the population of felony
probationers successfully prevented from being sent to state prison,
as calculated by the Department of Finance,   The
Department of Finance, in consultation with the Administrative Office
of the Courts, shall determine a funding amount not to exceed 1
percent of the estimated savings to the state resulting from the
population of felony probationers successfully prevented from being
sent to state prison, that  shall be appropriated for use by the
Administrative Office of the Courts for the costs of implementing
and administering this program  and the 2011 Realignment
Legislation addressing public safety  .
   (d) For each fiscal year, the Director of Finance shall determine
the total amount of the State Community Corrections Performance
Incentives Fund and the amount to be allocated to each county,
pursuant to this section and Sections 1230 to 1233.5, inclusive, and
shall report those amounts to the Controller. The Controller shall
make an allocation from the State Community Corrections Performance
Incentives Fund authorized in subdivision (c) to each county in
accordance with the amounts provided.
   SEC. 66.    Section 1233.61 of the   Penal
Code   is amended to read: 
   1233.61.  Notwithstanding any other provision of law, any moneys
remaining in the State Community Corrections Performance Incentives
Fund, after the calculation and award determination of each county's
tier payments or high performance grant payments pursuant to Sections
1233.3 and 1233.4, shall be distributed to county probation
departments as follows:
   (a) The Department of Finance shall increase the award amount for
any county whose tier payment or high performance grant payment, as
calculated pursuant to Sections 1233.3 and 1233.4, totals less than
 one   two  hundred thousand dollars
 ($100,000)   ($200,000)  to no more than
 one   two  hundred thousand dollars
 ($100,000)   ($200,000)  .
   (b) The Department of Finance shall evenly distribute any
remaining funds to those counties that did not receive a tier payment
or a high performance grant payment, as calculated
                        pursuant to Sections 1233.3 and 1233.4.
   (c) At no time shall an award provided to a county through
subdivision (b) exceed the amount of a grant award provided to
counties that are eligible to receive increased award amounts
pursuant to subdivision (a).
   (d) Any county receiving funding through subdivision (b) shall
submit a report to the Administrative Office of the Courts and the
Chief Probation Officers of California describing how they plan on
using the funds to enhance their ability to be successful under this
act.
   (e) This section shall remain in effect only until June 30, 2013,
and as of that date is repealed, unless a later enacted statute, that
is enacted before June 30, 2013, deletes or extends that date.
   SEC. 67.    Section 1465.8 of the   Penal
Code   , as amended by Section 6 of   Chapter 40 of
the Statutes of 2011, is amended to read: 
   1465.8.  (a) (1) To assist in funding court operations, an
assessment of forty dollars ($40) shall be imposed on every
conviction for a criminal offense, including a traffic offense,
except parking offenses as defined in subdivision (i) of Section
1463, involving a violation of a section of the Vehicle Code or any
local ordinance adopted pursuant to the Vehicle Code.
   (2) For the purposes of this section, "conviction" includes the
dismissal of a traffic violation on the condition that the defendant
attend a court-ordered traffic violator school, as authorized by
Sections 41501 and 42005 of the Vehicle Code. This court operations
assessment shall be deposited in accordance with subdivision (d), and
may not be included with the fee calculated and distributed pursuant
to Section 42007 of the Vehicle Code.
   (b) This assessment shall be in addition to the state penalty
assessed pursuant to Section 1464 and may not be included in the base
fine to calculate the state penalty assessment as specified in
subdivision (a) of Section 1464. The penalties authorized by Chapter
12 (commencing with Section 76000) of Title 8 of the Government Code,
and the state surcharge authorized by Section 1465.7, do not apply
to this assessment.
   (c) When bail is deposited for an offense to which this section
applies, and for which a court appearance is not necessary, the
person making the deposit shall also deposit a sufficient amount to
include the assessment prescribed by this section.
   (d) Notwithstanding any other  provision of  law,
the assessments collected pursuant to subdivision (a) shall all be
deposited in a special account in the county treasury and transmitted
therefrom monthly to the Controller for deposit in the Trial Court
Trust Fund. The assessments collected pursuant to this section shall
not be subject to subdivision (e) of Section 1203.1d, but shall be
disbursed under subdivision (b) of Section 1203.1d.
   (e) The Judicial Council shall provide for the administration of
this section. 
   (f) 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. 68.    Section 1465.8 of the   Penal
Code   , as amended by Section 7 of   Chapter 40 of
the Statutes of 2011, is repealed.  
   1465.8.  (a) (1) To assist in funding court operations, an
assessment of thirty dollars ($30) shall be imposed on every
conviction for a criminal offense, including a traffic offense,
except parking offenses as defined in subdivision (i) of Section
1463, involving a violation of a section of the Vehicle Code or any
local ordinance adopted pursuant to the Vehicle Code.
   (2) For the purposes of this section, "conviction" includes the
dismissal of a traffic violation on the condition that the defendant
attend a court-ordered traffic violator school, as authorized by
Sections 41501 and 42005 of the Vehicle Code. This court operations
assessment shall be deposited in accordance with subdivision (d), and
may not be included with the fee calculated and distributed pursuant
to Section 42007 of the Vehicle Code.
   (b) This assessment shall be in addition to the state penalty
assessed pursuant to Section 1464 and may not be included in the base
fine to calculate the state penalty assessment as specified in
subdivision (a) of Section 1464. The penalties authorized by Chapter
12 (commencing with Section 76000) of Title 8 of the Government Code,
and the state surcharge authorized by Section 1465.7, do not apply
to this assessment.
   (c) When bail is deposited for an offense to which this section
applies, and for which a court appearance is not necessary, the
person making the deposit shall also deposit a sufficient amount to
include the assessment prescribed by this section.
   (d) Notwithstanding any other provision of law, the assessments
collected pursuant to subdivision (a) shall all be deposited in a
special account in the county treasury and transmitted therefrom
monthly to the Controller for deposit in the Trial Court Trust Fund.
   (e) The Judicial Council shall provide for the administration of
this section.
   (f) This section shall become operative on July 1, 2013. 

   SEC. 69.    Section 2065 of the   Penal Code
  is amended to read: 
   2065.  (a) The Department of Corrections and Rehabilitation shall
complete all of the tasks associated with inmates granted medical
parole pursuant to Section 3550 that are specified in this section.
Subdivisions (c) and (d) shall apply only to the period of time that
inmates are on medical parole.
   (b) The department shall seek to enter into memoranda of
understanding with  the Social Security Administration and
the State Department of Health Care Services, in addition to other
 federal, state, or county entities necessary to facilitate
prerelease agreements to help inmates initiate benefits claims.
   (c) This subdivision shall be implemented in a manner that is
consistent with federal Medicaid law and regulations. The Director of
Health Care Services shall seek any necessary federal approvals for
the implementation of this subdivision. Claiming of federal Medicaid
funds shall be implemented only to the extent that federal approval,
if necessary, is obtained. If an inmate is granted medical parole and
found to be eligible for Medi-Cal, all of the following shall apply:

   (1) The hospital shall first bill Medi-Cal to obtain any available
reimbursement.  
   (1) Hospitals, nursing facilities, and other providers providing
services to medical parolees shall invoice the department in
accordance with contracted rates of reimbursement or, if no contract
is in place, pursuant to Section 5023.5. 
   (2) Upon  providing   receipt of  an
acceptable  invoice   claim  , the
department shall reimburse  county public hospitals on a
quarterly basis for all of the following:   hospitals,
nursing facilities, and other providers for services provided to
medical   parolees in accordance with contracted rates of
reimbursement or, if no contract is in place, pursuant to Section
5023.5.  
   (A) The nonfederal share of Medi-Cal costs incurred by the county
for individuals who have been granted medical parole. 

   (B) An amount equal to the county costs for providing health care
services that are not allowable under Medi-Cal but are required by
the state to be furnished to eligible individuals who have been
granted medical parole, including public guardianship health care
services. 
   (3) The department shall  directly provide, or provide
reimbursement on a quarterly basis, after invoicing, for allowable
costs that cannot be claimed as Medi-Cal expenditures under targeted
case management and the nonfederal share of services associated with
public guardianship that can be claimed as Medi-Cal expenditures
  submit a quarterly invoice to the State Department of
Health Care Services for medical parolees who are eligible for
Medi-Cal for federal claiming and reimbursement of allowable federal
Medicaid funds  .
   (4) The  State Department of Health Care Services shall remit
funds received for federal financial participation to the 
department  may provide supplemental reimbursements to
providers amounting to a total reimbursement that is allowable
pursuant to Section 5023.5. These supplemental reimbursements may
only be paid to the extent they comply with federal and state law and
regulations. The Director of Health Care Services may work with the
department to modify these supplemental reimbursements to the extent
necessary to comply with federal and state law and regulations
 .
   (5) The department and the State Department of Health Care
Services shall work together to do all of the following:
   (A) Maximize federal financial participation for service costs,
administrative costs, and targeted case management costs incurred
pursuant to this section.
   (B) Determine whether medical parolees shall be exempt from
mandatory enrollment in managed health care, including county
organized health plans, and determine the proper prior authorization
process for individuals who have been granted medical parole.
   (6) The department may submit retroactive Medi-Cal claims  ,
in accordance with state and federal law and regulations  to the
State Department of Health Care Services for allowable certified
public expenditures that have been reimbursed by the department. The
department shall work with the Director of Health Care Services to
ensure that any process established regarding the submission of
retroactive claims shall be in compliance with state and federal law
and regulations.
   (d) If an inmate is granted medical parole and found to be
ineligible for Medi-Cal, all of the following shall apply:
   (1) The department shall consider the income and assets of a
medical parolee to determine whether the individual has the ability
to pay for the cost of his or her medical care.
   (2) If the individual is unable to pay the cost of their medical
care, the department shall establish contracts with appropriate
medical providers and pay costs that are allowable pursuant to
Section 5023.5.
   (3) The department shall retain the responsibility to perform
utilization review and cost management functions that it currently
performs under existing contracts with health care facilities.
   (4) The department shall directly provide, or provide
reimbursement for, services associated with  conservatorship or
 public guardianship.
   (e) Notwithstanding the rulemaking provisions of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 2 of the
Government Code, the department and the State Department of Health
Care Services may implement this section by means of all-facility
letters, all-county letters, or similar instructions, in addition to
adopting regulations, as necessary. 
   (f) Notwithstanding any other state law, and only to the extent
that federal law allows and federal financial participation is
available, for the limited purpose of implementing this section, the
department or its designees are authorized to act on behalf of an
inmate for purposes of applying for redetermination of Medi-Cal
eligibility and sharing and maintaining records with the State
Department of Health Care Services. 
   SEC. 70.    Article 5 (commencing with Section 2985)
is added to Chapter 7 of Title 7 of Part 3   of the 
 Penal Code   , to read:  

      Article 5.  Supportive Housing Program for Mentally Ill
Parolees


   2985.  It is the intent of the Legislature in enacting this
article to provide evidence-based, comprehensive mental health and
supportive services, including housing subsidies, to parolees who
suffer from mental illness and are at risk of homelessness, in order
to successfully reintegrate the parolees into the community, increase
public safety, and reduce state costs of recidivism. It is further
the intent of the Legislature to supplement existing parole
outpatient clinic services by providing services to individuals who
suffer from a severe mental illness, as defined in Section 5600.3 of
the Welfare and Institutions Code, and who require services that
cannot be provided by parole outpatient clinics, including services
provided pursuant to Section 5806 of the Welfare and Institutions
Code.
   2985.1.  For purposes of this article, the following definitions
shall apply:
   (a) "Department" means the Department of Corrections and
Rehabilitation.
   (b) "Supportive housing" has the same meaning set forth in
subdivision (b) of Section 50675.14 of the Health and Safety Code,
and that, in addition, is decent, safe, and affordable.
   (c) "Transitional housing" has the same meaning set forth in
subdivision (h) of Section 50675.2 of the Health and Safety Code, and
that, in addition, is decent, safe, and affordable.
   2985.2.  (a) Pursuant to Section 3073, the Department of
Corrections and Rehabilitation shall provide a supportive housing
program that provides wraparound services to mentally ill parolees
who are at risk of homelessness using funding appropriated by the
Legislature for that purpose.
   (b) Providers participating in this program shall comply with all
of the following:
   (1) Provide services and treatment based on best practices.
   (2) Demonstrate that the program reduces recidivism and
homelessness among program participants.
   (3)  Have prior experience working with county or regional mental
health programs.
   (c) (1) An inmate or parolee is eligible for participation in this
program if all of the following are applicable:
   (A) He or she has a serious mental disorder as defined in Section
5600.3 of the Welfare and Institutions Code and as identified by the
department, and he or she has a history of mental health treatment in
the prison's mental health services delivery system or in a parole
outpatient clinic.
   (B) The inmate or parolee voluntarily chooses to participate.
   (C) Either of the following applies:
   (i) He or she has been assigned a date of release within 60 to 180
days and is likely to become homeless upon release.
   (ii) He or she is currently a homeless parolee.
   (2) First priority for the program shall be given to the lowest
functioning offenders in prison, as identified by the department, who
are likely to become homeless upon release.
   (3) For purposes of this subdivision, a person is "likely to
become homeless upon release" if he or she has a history of
"homelessness" as that term is used in Section 11302(a) of Title 42
of the United States Code and if he or she satisfies both of the
following criteria:
   (A) He or she has not identified a fixed, regular, and adequate
nighttime residence for release.
   (B) His or her only identified nighttime residence for release
includes a supervised publicly or privately operated shelter designed
to provide temporary living accommodations, or a public or private
place not designed for, or is not ordinarily used as, a regular
sleeping accommodation for human beings.
   2985.3.  (a) Each provider shall offer services, in accordance
with Section 5806 of the Welfare and Institutions Code, to obtain and
maintain health and housing stability while participants are on
parole, to enable the parolee to comply with the terms of parole, and
to augment mental health treatment provided to other parolees. The
services shall be offered to participants in their home, or be made
as easily accessible to participants as possible and shall include,
but are not limited to, all of the following:
   (1) Case management services.
   (2) Parole discharge planning.
   (3) Housing location services, and, if needed, move-in cost
assistance.
   (4) Rental subsidies.
   (5) Linkage to other services, such as vocational, educational,
and employment services, as needed.
   (6) Benefit entitlement application and appeal assistance.
   (7) Transportation assistance to obtain services and health care
needed.
   (8) Assistance obtaining appropriate identification.
   (b) For participants identified prior to release from state
prison, upon the provider's receipt of referral and, in collaboration
with the parole agent and, if appropriate, staff, the intake
coordinator or case manager of the provider shall, when possible:
   (1) Receive all prerelease assessments and discharge plans.
   (2) Draft a plan for the participant's transition into housing
that serves the participant's needs and is affordable, such as
permanent supportive housing, or a transitional housing program that
includes support services and demonstrates a clear transition pathway
to permanent housing.
   (3) Engage the participant to actively participate in services
upon release.
   (4) Assist in obtaining identification for the participant, if
necessary.
   (5) Assist in applying for any benefits for which the participant
is eligible.
   (c) (1) To facilitate the transition of participants identified
prior to release into the community and participants identified
during parole into supportive housing, each provider shall, on an
ongoing basis, not less than quarterly, assess each participant's
needs and include in each participant's assessment a plan to foster
independence and a residence in permanent housing once parole is
complete.
   (2) Upon referral to the provider, the provider shall work to
transition participants from the department's rental assistance to
other mainstream rental assistance benefits if those benefits are
necessary to enable the participant to remain in stable housing, and
shall prioritize transitioning participants to these benefits in a
manner that allows participants to remain housed, when possible,
without moving. Mainstream rental assistance benefits may include,
but are not limited to, federal Housing Choice Voucher assistance,
Department of Housing and Urban Development-Veterans Affairs
Supportive Housing vouchers, or other rental assistance programs.
   (3) The participant's parole discharge plan and the assessments
shall consider the need for and prioritize linkage to county mental
health services and housing opportunities that are supported by the
Mental Health Services Act, the Mental Health Services Act Housing
Program, or other funding sources that finance permanent supportive
housing for persons with mental illness, so that the participant may
continue to achieve all recovery goals of the program and remain
permanently housed once the term of parole ends.
   2985.4.  (a) Providers shall identify and locate supportive
housing and transitional housing opportunities for participants prior
to release from state prison or as quickly upon release from state
prison as possible, or as quickly as possible when participants are
identified during parole.
   (b) Housing identified pursuant to subdivision (a) shall satisfy
both of the following:
   (1) The housing is located in an apartment building, single-room
occupancy buildings, townhouses, or single-family homes, including
rent-subsidized apartments leased in the open market or set aside
within privately owned buildings.
   (2) The housing is not subject to community care licensing
requirements or is exempt from licensing under Section 1504.5 of the
Health and Safety Code.
   2985.5.  (a) Each provider shall report to the department
regarding the intended outcomes of the program, including all of the
following:
   (1) The number of participants served.
   (2) The types of services that were provided to program
participants.
   (3) The outcomes for participants, including the number who
graduated to independent living, the number who remain in or moved to
permanent housing, the number who ceased to participate in the
program, and the number who returned to state prison.
   (4) The number of participants who successfully completed parole
and transitioned to county mental health programs.
   (b) The department shall prepare an analysis of the costs of the
supportive housing program in comparison to the cost savings to the
state as a result of reduced recidivism rates by participants using
the information provided pursuant to subdivision (a). This analysis
shall exclude from consideration any federal funds provided for
services while the participant is on parole in order to ensure that
the analysis accurately reflects only the costs to the state for the
services provided to participants.
   (c) The department shall annually submit, on or before February 1,
the information collected pursuant to subdivision (a) and the
analysis prepared pursuant to subdivision (b) to the chairs of the
Joint Legislative Budget Committee, the Senate Committee on Budget
and Fiscal Review, the Assembly Committee on Budget, the Senate and
Assembly Committees on Public Safety, the Senate Committee on
Transportation and Housing, and the Assembly Committee on Housing and
Community Development. 
   SEC. 71.    Section 3417 of the   Penal Code
  is amended to read: 
   3417.  (a) Subject to reasonable rules and regulations adopted
pursuant to Section 3414, the Department of Corrections  and
Rehabilitation  shall admit to the program any applicant whose
child was born prior to the receipt of the inmate by the department,
whose child was born after the receipt of the inmate by the
department, or who is pregnant, if all of the following requirements
are met:
   (1) The applicant has a probable release or parole date with a
maximum time to be served of six years, calculated after deduction of
any possible good time credit.
   (2) The applicant was the primary caretaker of the infant prior to
incarceration. "Primary caretaker" as used in this chapter means a
parent who has consistently assumed responsibility for the housing,
health, and safety of the child prior to incarceration. A parent who,
in the best interests of the child, has arranged for temporary care
for the child in the home of a relative or other responsible adult
shall not for that reason be excluded from the category, "primary
caretaker."
   (3) The applicant had not been found to be an unfit parent in any
court proceeding. An inmate applicant whose child has been declared a
dependent of the juvenile court pursuant to Section 300 of the
Welfare and Institutions Code shall be admitted to the program only
after the court has found that participation in the program is in the
child's best interest and that it meets the needs of the parent and
child pursuant to paragraph (3) of subdivision (e) of Section 361.5
of the Welfare and Institutions Code. The fact that an inmate
applicant's child has been found to come within Section 300 of the
Welfare and Institutions Code shall not, in and of itself, be grounds
for denying the applicant the opportunity to participate in the
program.
   (b) The Department of Corrections  and Rehabilitation 
shall deny placement in the community treatment program if it
determines that an inmate would pose an unreasonable risk to the
public, or if any one of the following factors exist, except in
unusual circumstances or if mitigating circumstances exist,
including, but not limited to, the remoteness in time of the
commission of the offense:
   (1) The inmate has been convicted of any of the following:
   (A) A sex offense listed in Section 667.6.
   (B) A sex offense requiring registration pursuant to Section 290.
   (C) A violent offense listed in subdivision (c) of Section 667.5
 , except that the Secretary of the Department of Corrections and
Rehabilitation shall consider an inmate for placement in the
community treatment program on a case   -by   -case
basis if the violent offense listed in subdivision (c) of Section
667.5 was for robbery pursuant to paragraph (9) of subdivision (c) of
Section 667.5 or burglary pursuant to paragraph (21) of subdivision
(c) of Section 667.5  .
   (D) Arson as defined in Sections 450 to 455, inclusive. 
   (E) The unlawful sale or possession for sale, manufacture, or
transportation of controlled substances as defined in Chapter 6
(commencing with Section 11350) of Division 10 of the Health and
Safety Code, if large scale for profit as defined by the department.

   (2) There is probability the inmate may abscond from the program
as evidenced by any of the following:
   (A) A conviction of escape, of aiding another person to escape, or
of an attempt to escape from a jail or prison.
   (B) The presence of an active detainer from a law enforcement
agency, unless the detainer is based solely upon warrants issued for
failure to appear on misdemeanor Vehicle Code violations.
   (3) It is probable the inmate's conduct in a community facility
will be adverse to herself or other participants in the program, as
determined by the  Director
             of Corrections   Secretary of the
Department of Corrections and Rehabilitation  or as evidenced by
any of the following:
   (A) The inmate's removal from a community program which resulted
from violation of state laws, rules, or regulations governing
Department of  Corrections'   Corrections and
Rehabilitation's  inmates.
   (B) A finding of the inmate's guilt of a serious rule violation,
as defined by the  Director of Corrections  
Secretary of the Department of Corrections and Rehabilitation  ,
which resulted in a credit loss on one occasion of 91 or more days
or in a credit loss on more than one occasion of 31 days or more and
the credit has not been restored.
   (C) A current written opinion of a staff physician or psychiatrist
that the inmate's medical or psychiatric condition is likely to
cause an adverse effect upon the inmate or upon other persons if the
inmate is placed in the program. 
   (c) The Secretary of the Department of Corrections and
Rehabilitation shall consider the placement of the following inmates
in the community treatment program on a case-by-case basis: 

   (1) An inmate convicted of the unlawful sale or possession for
sale, manufacture, or transportation of controlled substances, as
defined in Chapter 6 (commencing with Section 11350) of Division 10
of the Health and Safety Code, if large scale for profit as defined
by the department, provided that an inmate convicted pursuant to
Section 11358 or 11359 of the Health and Safety Code shall be
admitted to the program pursuant to subdivision (a).  
   (2) An inmate with a United States Immigration and Customs
Enforcement hold.  
   (d) A charged offense that did not result in a conviction shall
not be used to exclude an applicant from the program.  
   (c) 
    (e)  Nothing in this section shall be interpreted to
limit the discretion of the  Director of Corrections
  Secretary of the Department of Corrections and
Rehabilitation  to deny or approve placement when subdivision
(b) does not apply. 
   (d) 
    (f)  The Department of Corrections  and
Rehabilitation  shall determine if the applicant meets the
requirements of this section within 30 days of the parent's
application to the program. The department shall establish an appeal
procedure for the applicant to appeal an adverse decision by the
department.
   SEC. 72.    Section 4115.5 of the   Penal
Code   is amended to read: 
   4115.5.   (a)    The board of supervisors of a
county where  , in the opinion of the sheriff or the director of
the county department of corrections,  adequate facilities are
not available for prisoners who would otherwise be confined in its
county adult detention facilities may enter into an agreement with
the board or boards of supervisors of one or more  nearby
 counties whose county adult detention facilities are
adequate  for  and  are readily  accessible
 from   to  the first county, 
permitting commitment of misdemeanants, and any persons required to
serve a term of imprisonment in county adult detention facilities as
a condition of probation, to a jail in a county having adequate
facilities that is a party to the agreement   with the
concurrence of that county's sheriff or director of its county
department of corrections  .  Such agreement must make
provision for support of a person so committed or transferred by the
county from which he is committed.  When  such an
  the  agreement is in effect  , 
commitments may be made by the court  and support of any such
person shall be a charge upon the county from which he is committed
 .
    (b)     A county entering into an agreement
with another county pursuant to subdivision (a) shall report
annually to the Board of State and Community Corrections on the
number of offenders who otherwise would be under that county's
jurisdiction but who are now being housed in another county's
facility   pursuant to subdivision (a) and the reason for
needing to house the offenders outside the county.  
   (c) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.

   SEC. 73.    Section 4115.5 is added to the  
Penal Code   , to read:  
   4115.5.  (a) The board of supervisors of a county where adequate
facilities are not available for prisoners who would otherwise be
confined in its county adult detention facilities may enter into an
agreement with the board or boards of supervisors of one or more
nearby counties whose county adult detention facilities are adequate
and are readily accessible from the first county, permitting
commitment of misdemeanants, and any persons required to serve a term
of imprisonment in county adult detention facilities as a condition
of probation, to a jail in a county having adequate facilities that
is a party to the agreement. That agreement shall make provision for
the support of a person so committed or transferred by the county
from which he or she is committed. When that agreement is in effect,
commitments may be made by the court and support of a person so
committed shall be a charge upon the county from which he or she is
committed.
   (b) This section shall become operative on July 1, 2015. 
   SEC. 74.    Section 5024.2 of the   Penal
Code   is amended to read: 
   5024.2.  (a) The Department of Corrections and Rehabilitation is
authorized to maintain and operate a comprehensive pharmacy services
program for those facilities under the jurisdiction of the department
that is both cost effective and efficient, and  may
  shall  incorporate the following:
   (1) A statewide pharmacy administration system with direct
authority and responsibility for program administration and
oversight.
   (2) Medically necessary pharmacy services using professionally and
legally qualified pharmacists, consistent with the size and the
scope of medical services provided.
   (3) Written procedures and operational practices pertaining to the
delivery of pharmaceutical services.
   (4) A multidisciplinary, statewide Pharmacy and Therapeutics
Committee responsible for all of the following:
   (A) Developing and managing a department formulary.
   (B) Standardizing the strengths and dosage forms for medications
used in department facilities.
   (C) Maintaining and monitoring a system for the review and
evaluation of corrective actions related to errors in prescribing,
dispensing, and administering medications.
   (D) Conducting regular therapeutic category reviews for
medications listed in the department formulary.
   (E) Evaluating medication therapies and providing input to the
development of disease management guidelines used in the department.
   (5) A requirement for the use of generic medications, when
available, unless an exception is reviewed and approved in accordance
with an established nonformulary approval process.  The
nonformulary approval process shall include a process whereby a
prescriber may indicate on the face of the prescription "dispense as
written" or other appropriate form for electronic prescriptions.

   (6) Use of an enterprise-based pharmacy operating system that
provides management with information on prescription workloads,
medication utilization, prescribing data, and other key pharmacy
information.
   (b) The department is authorized to operate and maintain a
centralized pharmacy distribution center to provide advantages of
scale and efficiencies related to medication purchasing, inventory
control, volume production, drug distribution, workforce utilization,
and increased patient safety. It is the intent of the Legislature
that the centralized pharmacy distribution center and institutional
pharmacies be licensed as pharmacies by the California State Board of
Pharmacy meeting all applicable regulations applying to a pharmacy.
   (1) To the extent it is cost effective and efficient, the
centralized pharmacy distribution center should include systems to do
the following:
   (A) Order and package bulk pharmaceuticals and prescription and
stock orders for all department correctional facilities.
   (B) Label medications as required to meet state and federal
prescription requirements.
   (C) Provide barcode validation matching the drug to the specific
prescription or floor stock order.
   (D) Sort completed orders for shipping and delivery to department
facilities.
   (2) Notwithstanding any other requirements, the department
centralized pharmacy distribution center is authorized to do the
following:
   (A) Package bulk pharmaceuticals into both floor stock and
patient-specific packs.
   (B) Reclaim, for reissue, unused and unexpired medications.
   (C) Distribute the packaged products to department facilities for
use within the state corrections system.
   (3) The centralized pharmacy distribution center should maintain a
system of quality control checks on each process used to package,
label, and distribute medications. The quality control system may
include a regular process of random checks by a licensed pharmacist.
   (c) The department may investigate and initiate potential
systematic improvements in order to provide for the safe and
efficient distribution and control of, and accountability for, drugs
within the department's statewide pharmacy administration system,
taking into account factors unique to the correctional environment.
   (d) The department should ensure that there is a program providing
for the regular inspection of all department pharmacies in the state
to verify compliance with applicable law, rules, regulations, and
other standards as may be appropriate to ensure the health, safety,
and welfare of the department's inmate patients.
   (e) On March 1, 2012, and each March 1 thereafter, the department
shall report all of the following to the Joint Legislative Budget
Committee, the Senate Committee on Appropriations, the Senate
Committee on Budget and Fiscal Review, the Senate Committee on
Health, the Senate Committee on Public Safety, the Assembly Committee
on Appropriations, the Assembly Committee on Budget, the Assembly
Committee on Health, and the Assembly Committee on Public Safety:
   (1) The extent to which the Pharmacy and Therapeutics Committee
has been established and achieved the objectives set forth in this
section, as well as the most significant reasons for achieving or not
achieving those objectives.
   (2) The extent to which the department is achieving the objective
of operating a fully functioning and centralized pharmacy
distribution center, as set forth in this section, that distributes
pharmaceuticals to every adult prison under the jurisdiction of the
department, as well as the most significant reasons for achieving or
not achieving that objective.
   (3) The extent to which the centralized pharmacy distribution
center is achieving cost savings through improved efficiency and
distribution of unit dose medications.
   (4) A description of planned or implemented initiatives to
accomplish the next 12 months' objectives for achieving the goals set
forth in this section, including a fully functioning and centralized
pharmacy distribution center that distributes pharmaceuticals to
every adult facility under the jurisdiction of the department.
   (5) The costs for prescription pharmaceuticals for the previous
fiscal year, both statewide and at each adult prison under the
jurisdiction of the department, and a comparison of these costs with
those of the prior fiscal year.
   (f) The requirement for submitting a report imposed under
subdivision (e) is inoperative on March 1, 2016, pursuant to Section
10231.5 of the Government Code.
   SEC. 75.    Section 5031 is added to the  
Penal Code   , to read:  
   5031.  (a) The department shall submit an estimate of expenditures
for each state or contracted facility housing offenders and for the
cost of supervising offenders on parole, by region, for inclusion in
the annual Governor's Budget and the May Revision thereto. The
department shall submit its preliminary estimates for the current and
next fiscal years to the Department of Finance by October 1 of each
year and revised estimates by April 1 of the following year. The
Department of Finance shall approve, modify, or deny the assumptions
underlying all estimates and the population estimates released for
the annual Governor's Budget and the May Revision. The April 1
submission shall only be a revision of the October 1 estimates and
may not include any new assumptions or estimates from those submitted
in the October 1 estimate.
   (b) The population estimate for each state or contracted adult or
juvenile facility shall contain, at least, the following:
   (1) The capacity, as measured by the number of beds, categorized
by cells, dorms, and intended security level.
   (2) The projected number of offenders, by security level.
   (3) The actual number of offenders, by security level.
   (4) The number of offenders in a security level that differ from
the classification score.
   (5) The number of offenders, by program, that could benefit from
rehabilitative programming, as identified by an assessment of risk
and criminogenic needs.
   (6) The actual number of offenders, by program, that receive
rehabilitative programming based on an assessment of risk and
criminogenic needs.
   (7) A comparison of the number of authorized positions, filled
positions, and vacant positions, by classification.
   (8) The budget authority, as displayed in the annual budget act by
program, compared to fiscal year-to-date expenditures and projected
expenditures for the fiscal year.
   (c) The population estimate for the Division of Adult Parole
Operations shall contain at least the following:
   (1) The projected number of offenders in each subpopulation, by
region, and the total number of offenders.
   (2) The actual number of offenders in each subpopulation, by
region, and the total number of offenders.
   (3) The number of offenders, by region, that could benefit from
rehabilitative programming, as identified by an assessment of risk
and criminogenic needs.
   (4) The actual number of offenders, by region, that receive
rehabilitative programming based on an assessment of risk and
criminogenic needs.
   (5) The number of ratio-driven positions budgeted in each region.
   (6) The number of nonratio positions budgeted in each region, by
function.
   (7) A comparison of the number of authorized positions, filled
positions, and vacant positions, by region and function.
   (8) The budget authority, as displayed in the annual budget act by
program, compared to fiscal year-to-date expenditures and projected
expenditures for the fiscal year.
   (d) The estimates shall include fiscal charts that track
appropriations from the Budget Act to the current Governor's Budget
and the May Revision for all fund sources for the current year and
budget year.
   (e) In the event that the methodological steps employed to arrive
at previous estimates differ from those proposed, the department
shall submit a descriptive narrative of the revised methodology. This
information shall be provided to the Department of Finance, the
Joint Legislative Budget Committee, and the public safety policy
committees and fiscal committees of the Legislature.
   (f) On or after January 10, if the Department of Finance discovers
a material error in the information provided pursuant to this
section, the Department of Finance shall inform the consultants to
the fiscal committees of the Legislature of the error in a timely
manner.
   (g) The departmental estimates, assumptions, and other supporting
data prepared for purposes of this section shall be forwarded
annually to the Joint Legislative Budget Committee and the public
safety policy committees and fiscal committees of the Legislature.

   SEC. 76.    Section 5032 is added to the  
Penal Code   , to read:  
   5032.  The department, as directed by the Department of Finance,
shall work with the appropriate budget and policy committees of the
Legislature and the Legislative Analyst's Office to establish
appropriate oversight, evaluation, and accountability measures that
shall be adopted as part of their "future of corrections plan." This
shall include a periodic review, conducted by the Department of
Finance's Office of State Audits and Evaluations, that assesses the
fiscal bench marks of the plan. The Office of State Audits and
Evaluations shall report to the Governor and the Legislature on its
findings and recommendations annually with the first report submitted
by April 1, 2013. Reports to the Legislature shall be submitted in
compliance with Section 9795 of the Government Code. 
   SEC. 77.    Section 5072 of the   Penal Code
  is amended to read: 
   5072.  (a) Notwithstanding any other provision of law, the
Department of Corrections and Rehabilitation and the State Department
of Health Care Services may develop a process to maximize federal
financial participation for the provision of acute inpatient hospital
services rendered to individuals who, but for their institutional
status as inmates, are otherwise eligible for Medi-Cal pursuant to
Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of
the Welfare and Institutions Code or Low Income Health Program (LIHP)
pursuant to Part 3.6 (commencing with Section 15909) of Division 9
of the Welfare and Institutions Code.
   (b) Federal reimbursement for acute inpatient hospital services
for inmates enrolled in Medi-Cal shall occur through the State
Department of Health Care Services and federal reimbursement for
acute inpatient hospital services for inmates not enrolled in
Medi-Cal but who are eligible for a LIHP shall occur through a county
LIHP.
   (c) (1) The Secretary of the Department of Corrections and
Rehabilitation, in conjunction with the State Department of Health
Care Services, shall develop a process to claim federal financial
participation and to reimburse the Department of Corrections and
Rehabilitation for the federal share of the allowable Medicaid cost
provision of acute inpatient hospital services rendered to inmates
according to this section and for any administrative costs incurred
in support of those services.
   (2) Public or community hospitals shall invoice the Department of
Corrections and Rehabilitation to obtain reimbursement for acute
inpatient hospital services in accordance with contracted rates of
reimbursement, or if no contract is in place, the rates pursuant to
Section 5023.5. The Department of Corrections and Rehabilitation
shall reimburse a public or community hospital for the delivery of
acute inpatient hospital services rendered to an inmate pursuant to
this section. For individuals eligible for Medi-Cal pursuant to this
section, the Department of Corrections and Rehabilitation shall
submit a  monthly   quarterly  invoice to
the State Department of Health Care Services for claiming federal
participation at the Medi-Cal rate for acute inpatient hospital
services. For enrollees in the LIHP, the Department of Corrections
and Rehabilitation shall submit a  monthly  
quarterly  invoice to the county of last legal residence
pursuant to Section 14053.7 of the Welfare and Institutions Code. The
county shall submit the invoice to the State Department of Health
Care Services for claiming federal financial participation for acute
inpatient hospital services for individuals made eligible pursuant to
this section, pursuant to Section 14053.7 of the Welfare and
Institutions Code, and pursuant to the process developed in
subdivision (b). The State Department of Health Care Services shall
claim federal participation for eligible services for LIHP enrolled
inmates at the rate paid by the Department of Corrections and
Rehabilitation. The State Department of Health Care Services and
counties shall remit funds received for federal participation to the
Department of Corrections and Rehabilitation for allowable costs
incurred as a result of delivering acute inpatient hospital services
allowable under this section.
   (3) The county LIHPs shall not experience any additional net
expenditures of county funds due to the provision of services under
this section.
   (4) The Department of Corrections and Rehabilitation shall
reimburse the State Department of Health Care Services and counties
for administrative costs that are not reimbursed by the federal
government.
   (5) The Department of Corrections and Rehabilitation shall
reimburse the State Department of Health Care Services for any
disallowance that is required to be returned to the Centers for
Medicare and Medicaid Services for any litigation costs incurred due
to the implementation of this section.
   (d) (1) The state shall indemnify and hold harmless participating
entities that operate a LIHP, including all counties, and all
counties that operate in a consortium that participates as a LIHP,
against any and all losses, including, but not limited to, claims,
demands, liabilities, court costs, judgments, or obligations, due to
the implementation of this section as directed by the secretary and
the State Department of Health Care Services.
   (2) The State Department of Health Care Services may at its
discretion require a county, as a condition of participation as a
LIHP, to enroll an eligible inmate into its LIHP if the county is the
inmate's county of last legal residence.
   (3) The county LIHPs shall be held harmless by the state for any
disallowance or deferral if federal action is taken due to the
implementation of this section in accord with the state's policies,
directions, and requirements.
   (e) (1) The Department of Corrections and Rehabilitation, in
conjunction with the State Department of Health Care Services, shall
develop a process to facilitate eligibility determinations for
individuals who may be eligible for Medi-Cal or a LIHP pursuant to
this section and Section 14053.7 of the Welfare and Institutions
Code.
   (2) The Department of Corrections and Rehabilitation shall assist
inmates in completing either the Medi-Cal or LIHP application as
appropriate and shall forward that application to the State
Department of Health Care Services for processing.
   (3) Notwithstanding any other state law, and only to the extent
that federal law allows and federal financial participation is
available, for the limited purpose of implementing this section, the
department or its designee is authorized to act on behalf of an
inmate for purposes of applying for or determinations of Medi-Cal or
LIHP eligibility.
   (f) (1) Nothing in this section shall be interpreted to restrict
or limit the eligibility or alter county responsibility for payment
of any service delivered to a parolee who has been released from
detention or incarceration and now resides in a county that
participates in the LIHP. If otherwise eligible for the county's
LIHP, the LIHP shall enroll the parolee.
   (2) Notwithstanding paragraph (1), at the option of the state, for
enrolled parolees who have been released from detention or
incarceration and now reside in a county that participates in a LIHP,
the LIHP shall reimburse providers for the delivery of services
which are otherwise the responsibility of the state to provide.
Payment for these medical services, including both the state and
federal shares of reimbursement, shall be included as part of the
reimbursement process described in paragraph (1) of subdivision (c).
   (3) Enrollment of individuals in a LIHP under this subdivision
shall be subject to any enrollment limitations described in
subdivision (g) of Section 15910 of the Welfare and Institutions
Code.
   (g) The department shall be responsible to the LIHP for the
nonfederal share of any reimbursement made for the provision of acute
inpatient hospital services rendered to inmates pursuant to this
section  who are eligible for and enrolled in that LIHP
 .
   (h) Reimbursement pursuant to this section shall be limited to
those acute inpatient hospital services for which federal financial
participation pursuant to Title XIX of the  federal  Social
Security Act is allowed.
   (i) This section shall have no force or effect if there is a final
judicial determination made by any state or federal court that is
not appealed, or by a court of appellate jurisdiction that is not
further appealed, in any action by any party, or a final
determination by the administrator of the federal Centers for
Medicare and Medicaid Services, that limits or affects the department'
s authority to select the hospitals used to provide inpatient
hospital services to inmates.
   (j) It is the intent of the Legislature that the implementation of
this section will result in state General Fund savings for the
funding of acute inpatient hospital services provided to inmates
along with any related administrative costs.
   (k) Any agreements entered into under this section for Medi-Cal or
a LIHP to provide for reimbursement of acute inpatient hospital
services and administrative expenditures as described in subdivision
(c) shall not be subject to Part 2 (commencing with Section 10100) of
Division 2 of the Public Contract Code.
   (l) This section shall be implemented in a manner that is
consistent with federal Medicaid law and regulations. The Director of
the State Department of Health Care Services shall seek any federal
approvals necessary for the implementation of this section. This
section                                               shall be
implemented only when and to the extent that any necessary federal
approval is obtained, and only to the extent that existing levels of
federal financial participation are not otherwise jeopardized.
   (m) To the extent that the Director of the State Department of
Health Care Services determines that existing levels of federal
financial participation are jeopardized, this section shall no longer
be implemented.
   (n) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the State
Department of Health Care Services may, without taking any further
regulatory action, implement this section by means of all-county
letters, provider bulletins, facility letters, or similar
instructions.
   (o) For purposes of this section, the following terms have the
following meanings:
   (1) The term "county of last legal residence" means the county in
which the inmate resided at the time of arrest that resulted in
conviction and incarceration in a state prison facility.
   (2) The term "inmate" means an adult who is involuntarily residing
in a state prison facility operated, administered, or regulated,
directly or indirectly, by the department.
   (3) During the existence of the receivership established in United
States District Court for the Northern District of California, Case
No. CO1-1351 THE, Plata v. Schwarzenegger, references in this section
to the "secretary" shall mean the receiver appointed in that action,
who shall implement portions of this section that would otherwise be
within the secretary's responsibility.
   SEC. 78.    Section 5075.1 of the   Penal
Code   is amended to read: 
   5075.1.  The Board of Parole Hearings shall do all of the
following:
   (a) Conduct parole consideration hearings, parole rescission
hearings, and parole progress hearings for adults and juveniles under
the jurisdiction of the department.
   (b) Conduct mentally disordered offender hearings.
   (c) Conduct sexually violent predator hearings.
   (d) Review inmates' requests for reconsideration of denial of
good-time credit and setting of parole length or conditions, pursuant
to Section 5077.
   (e) Determine revocation of parole for adult offenders under the
jurisdiction of the Division of Adult Parole Operations, pursuant to
Section 5077.
   (f) Carry out the functions described in Section 1719 of the
Welfare and Institutions Code, and make every order granting and
revoking parole and issuing final discharges to any person under the
jurisdiction of the Department of Corrections and Rehabilitation.
   (g) Conduct studies pursuant to Section 3150 of the Welfare and
Institutions Code.
   (h) Investigate and report on all applications for reprieves,
pardons, and commutation of sentence, as provided in Title 6
(commencing with Section 4800) of Part 3.
   (i) Exercise other powers and duties as prescribed by law.
   (j) Effective January 1, 2007, all commissioners appointed and
trained to hear juvenile parole matters, together with their duties
prescribed by law as functions of the Board of Parole Hearings
concerning wards under the jurisdiction of the Department of
Corrections and Rehabilitation, are transferred to the  Chief
Deputy Secretary for Juvenile Justice   Director of the
Division of Juvenile Justice  . All applicable regulations in
effect at the time of transfer shall be deemed to apply to those
commissioners until new regulations are adopted.
   SEC. 79.    Section 6024 of the    
Penal Code   , as added by Section 31 of Chapter 36 of the
Statutes of 2011, is amended to read: 
   6024.  (a) Commencing July 1, 2012, there is hereby established
the Board of State and Community Corrections. The Board of State and
Community Corrections shall be an entity independent of the
Department of Corrections and Rehabilitation.  The Governor may
appoint an executive officer of the board, subject to Senate
confirmation, who shall hold the office at the pleasure of the
Governor. The executive officer shall be the administrative head of
the board and shall exercise all duties and functions necessary to
ensure that the responsibilities of the board are successfully
discharged.  As of July 1, 2012, any references to the Board of
Corrections or the Corrections Standards Authority shall refer to the
Board of State and Community Corrections. As of that date, the
Corrections Standards Authority is abolished.
   (b) The mission of the board shall include providing statewide
leadership, coordination, and technical assistance to promote
effective state and local efforts and partnerships in California's
adult and juvenile criminal justice system, including addressing gang
problems. This mission shall reflect the principle of aligning
fiscal policy and correctional practices, including, but not limited
to prevention, intervention, suppression, supervision, and
incapacitation, to promote a justice investment strategy that fits
each county and is consistent with the integrated statewide goal of
improved public safety through cost-effective, promising, and
evidence-based strategies for managing criminal justice populations.
   (c)  (1)    The board shall
regularly seek advice from a balanced range of stakeholders and
subject matter experts on issues pertaining to adult corrections,
juvenile justice, and gang problems relevant to its mission. Toward
this end, the board shall seek to ensure that its efforts (1) are
systematically informed by experts and stakeholders with the most
specific knowledge concerning the subject matter, (2) include the
participation of those who must implement a board decision and are
impacted by a board decision, and (3) promote collaboration and
innovative problem solving consistent with the mission of the board.
The board may create special committees, with the authority to
establish working subgroups as necessary, in furtherance of this
subdivision to carry out specified tasks and to submit its findings
and recommendations from that effort to the board.
   (d) The board shall act as the supervisory board of the state
planning agency pursuant to federal acts. It shall annually review
and approve, or review, revise, and approve, the comprehensive state
plan for the improvement of criminal justice and delinquency and gang
prevention activities throughout the state, shall establish
priorities for the use of funds as are available pursuant to federal
acts, and shall approve the expenditure of all funds pursuant to such
plans or federal acts, provided that the approval of those
expenditures may be granted to single projects or to groups of
projects.
   (e) It is the intent of the Legislature that any statutory
authority conferred on the Corrections Standards Authority or the
previously abolished Board of Corrections shall apply to the Board of
State and Community Corrections on and after July 1, 2012, unless
expressly repealed by the act which added this section. The Board of
State and Community Corrections is the successor to the Corrections
Standards Authority, and as of July 1, 2012, is vested with all of
the authority's rights, powers, authority, and duties, unless
specifically repealed by this act.
   (f) For purposes of this chapter, "federal acts" means 
Subchapter V of Chapter 46 of  the federal Omnibus Crime Control
and Safe Streets Act of 1968  (Public Law 90-351, 82 Stat. 197;
42 U.S.C. Sec. 3750 et seq.)  , the federal Juvenile 
Justice and  Delinquency Prevention  and Control
 Act of  1968   1974 (42 U.S.C. Sec.
5601 et seq.)  , and any act or acts amendatory or supplemental
thereto.
   SEC. 80.    Section 6027 of the   Penal Code
  , as amended by Section 33 of Chapter 36 of the Statutes
of 2011, is amended to read: 
   6027.  (a) It shall be the duty of the Board of State and
Community Corrections to collect and maintain available information
and data about state and community correctional policies, practices,
capacities, and needs, including, but not limited to, prevention,
intervention, suppression, supervision, and incapacitation, as they
relate to both adult corrections, juvenile justice, and gang
problems. The board shall seek to collect and make publicly available
up-to-date data and information reflecting the impact of state and
community correctional, juvenile justice, and gang-related policies
and practices enacted in the state, as was well as information and
data concerning promising and evidence-based practices from other
jurisdictions.
   (b) Consistent with subdivision (c) of Section 6024, the board
shall also:
   (1) Develop recommendations for the improvement of criminal
justice and delinquency and gang prevention activity throughout the
state.
   (2) Identify, promote, and provide technical assistance relating
to evidence-based programs, practices, and innovative projects
consistent with the mission of the board.
   (3) Receive and disburse federal funds, and perform all necessary
and appropriate services in the performance of its duties as
established by federal acts.
   (4) Develop comprehensive, unified, and orderly procedures to
ensure that applications for grants are processed fairly,
efficiently, and in a manner consistent with the mission of the
board.
   (5) Cooperate with and render technical assistance to the
Legislature, state agencies, units of general local government,
combinations of those units, or other public or private agencies,
organizations, or institutions in matters relating to criminal
justice and delinquency prevention.
   (6) Conduct evaluation studies of the programs and activities
assisted by the federal acts.
   (7) Identify and evaluate state, local, and federal gang and youth
violence suppression, intervention, and prevention programs and
strategies, along with funding for those efforts. The board shall
assess and make recommendations for the coordination of the state's
programs, strategies, and funding that address gang and youth
violence in a manner that maximizes the effectiveness and
coordination of those programs, strategies, and resources. The board
shall communicate with local agencies and programs in an effort to
promote the best practices for addressing gang and youth violence
through suppression, intervention, and prevention.
   (8) The board shall collect from each county the plan submitted
pursuant to Section 1230.1 within two months of adoption by the
county boards of supervisors. Commencing January 1, 2013, and
annually thereafter, the board shall collect and analyze available
data regarding the implementation of the local plans and other
outcome-based measures, as defined by the board in consultation with
the Administrative Office of the Courts, the Chief Probation Officers
of California, and the California State Sheriffs Association. By
July 1, 2013, and annually thereafter, the board shall provide to the
Governor and the Legislature a report on the implementation of the
plans described above. 
   (9) Commencing on and after July 1, 2012, the board, in
consultation with the Administrative Office of the Courts, the
California State Association of Counties, the California State
Sheriffs Association, and the Chief Probation Officers of California,
shall support the development and implementation of first phase
baseline and ongoing data collection instruments to reflect the local
impact of Chapter 15 of the Statutes of 2011, specifically related
to dispositions for felony offenders and post-release community
supervision. The board shall make any data collected pursuant to this
paragraph available on the board's Internet Web site. It is the
intent of the Legislature that the board promote collaboration and
the reduction of duplication of data collection and reporting efforts
where possible. 
   (c) The board may do either of the following:
   (1) Collect, evaluate, publish, and disseminate statistics and
other information on the condition and progress of criminal justice
in the state.
   (2) Perform other functions and duties as required by federal
acts, rules, regulations, or guidelines in acting as the
administrative office of the state planning agency for distribution
of federal grants.
   SEC. 81.    Section 6030 of the   Penal Code
  , as amended by Section 34 of Chapter 36 of the Statutes
of 2011, is amended to read: 
   6030.  (a) The Board of State and Community Corrections shall
establish minimum standards for local correctional facilities.
 The standards for state correctional facilities shall be
established by January 1, 2007.  The board shall review
those standards biennially and make any appropriate revisions.
   (b) The standards shall include, but not be limited to, the
following: health and sanitary conditions, fire and life safety,
security, rehabilitation programs, recreation, treatment of persons
confined in  state and  local correctional
facilities, and personnel training.
   (c) The standards shall require that at least one person on duty
at the facility is knowledgeable in the area of fire and life safety
procedures.
   (d) The standards shall also include requirements relating to the
acquisition, storage, labeling, packaging, and dispensing of drugs.
   (e) The standards shall require that inmates who are received by
the facility while they are pregnant are provided all of the
following:
   (1) A balanced, nutritious diet approved by a doctor.
   (2) Prenatal and postpartum information and health care,
including, but not limited to, access to necessary vitamins as
recommended by a doctor.
   (3) Information pertaining to childbirth education and infant
care.
   (4) A dental cleaning while in a state facility.
   (f) The standards shall provide that at no time shall a woman who
is in labor be shackled by the wrists, ankles, or both including
during transport to a hospital, during delivery, and while in
recovery after giving birth, except as provided in Section 5007.7.
   (g) In establishing minimum standards, the authority shall seek
the advice of the following:
   (1) For health and sanitary conditions:
   The State Department of Health Services, physicians,
psychiatrists, local public health officials, and other interested
persons.
   (2) For fire and life safety:
   The State Fire Marshal, local fire officials, and other interested
persons.
   (3) For security, rehabilitation programs, recreation, and
treatment of persons confined in correctional facilities:
   The Department of Corrections and Rehabilitation, state and local
juvenile justice commissions, state and local correctional officials,
experts in criminology and penology, and other interested persons.
   (4) For personnel training:
   The Commission on Peace Officer Standards and Training,
psychiatrists, experts in criminology and penology, the Department of
Corrections and Rehabilitation, state and local correctional
officials, and other interested persons.
   (5) For female inmates and pregnant inmates in local adult and
juvenile facilities:
   The California State Sheriffs' Association and Chief Probation
Officers' Association of California, and other interested persons.
   SEC. 82.   Section 6126 of the   Penal Code
  is amended to read: 
   6126.  (a)  The Inspector General shall be responsible for
contemporaneous oversight of internal affairs investigations and the
disciplinary process of the Department of Corrections and
Rehabilitation, pursuant to Section 6133 under policies to be
developed by the Inspector General.
   (b) When requested by the Governor, the Senate Committee on Rules,
or the Speaker of the Assembly, the Inspector General shall review
policies, practices, and procedures of the department. The Inspector
General, under policies developed by the Inspector General, may
recommend that the Governor, the Senate Committee on Rules, or the
Speaker of the Assembly request a review of a specific departmental
policy, practice, or procedure which raises a significant
correctional issue relevant to the effectiveness of the department.
When exigent circumstances of unsafe or life threatening situations
arise involving inmates, wards, parolees, or staff, the Inspector
General may, by whatever means is most expeditious, notify the
Governor, Senate Committee on Rules, or the Speaker of the Assembly.
   (c) Upon completion of a review, the Inspector General shall
provide a response to the requester.
   (d) The Inspector General shall, during the course of a review,
identify areas of full and partial compliance, or noncompliance, with
departmental policies and procedures, specify deficiencies in the
completion and documentation of processes, and recommend corrective
actions, including, but not limited to, additional training,
additional policies, or changes in policy, as well as any other
findings or recommendations that the Inspector General deems
appropriate.
   (e) The Inspector General, pursuant to Section 6126.6, shall
review the Governor's candidates for appointment to serve as warden
for the state's adult correctional institutions and as
superintendents for the state's juvenile facilities.
   (f) The Inspector General shall conduct an objective, clinically
appropriate, and metric-oriented medical inspection program to
periodically review delivery of medical care at each state prison.

   (g) The Inspector General shall conduct an objective,
metric-oriented oversight and inspection program to periodically
review delivery of the reforms identified in the document released by
the Department of Corrections and Rehabilitation in April 2012,
entitled The Future of California Corrections: A Blueprint to Save
Billions of Dollars, End Federal Court Oversight, and Improve the
Prison System (the blueprint), including, but not limited to, the
following specific goals and reforms described by the blueprint:
 
   (1) Whether the department has increased the percentage of inmates
served in rehabilitative programs to 70 percent of the department's
target population prior to their release.  
   (2) The establishment of an adherence to the standardized staffing
model at each institution.  
   (3) The establishment of an adherence to the new inmate
classification score system.  
   (4) The establishment of and adherence to the new prison gang
management system, including changes to the department's current
policies for identifying prison-based gang members and associates and
the use and conditions associated with the department's secured
housing units.  
   (5) The implementation of and adherence to the Comprehensive
Housing Plan described in the blueprint.  
   (g) 
    (h)  The Inspector General shall, in consultation with
the Department of Finance, develop a methodology for producing a
workload budget to be used for annually adjusting the budget of the
Office of the Inspector General, beginning with the budget for the
2005-06 fiscal year.
   SEC. 83.    Section 13155 is added to the  
Penal Code   , to read:  
   13155.  Commencing January 1, 2013, the Administrative Office of
the Courts shall collect from trial courts information regarding the
implementation of the 2011 Realignment Legislation. That information
shall include statistics for each county regarding the dispositions
of felonies at sentencing and petitions to revoke probation,
postrelease community supervision, mandatory supervision, and,
commencing July 1, 2013, parole. The data shall be provided not less
frequently than twice a year by the trial courts to the
Administrative Office of the Courts. Funds provided to the trial
courts for the implementation of criminal justice realignment may be
used for the purpose of collecting the information and providing it
to the Administrative Office of the Courts. The Administrative Office
of the Courts shall make this data available to the Department of
Finance, the Board of State and Community Corrections, and the Joint
Legislative Budget Committee on or before September 1, 2013 and
annually thereafter. It is the intent of the Legislature that the
Administrative Office of the Courts promote collaboration and the
reduction of duplication of data collection and reporting efforts
where possible. 
   SEC. 84.    Section 13800 of the   Penal
Code   , as added by Section 24 of Chapter 136 of the 
 Statutes of 2011, is amended to read: 
   13800.  Unless otherwise required by context, as used in this
title, on and after July 1, 2012:
   (a) "Agency" means the  Board of State and Community
Corrections   California Emergency Management Agency
 .
   (b) "Board" means the Board of State and Community Corrections.
   (c) "Federal acts" means  Subchapter V of Chapter 46 of 
the federal Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. Sec. 3750 et seq.)  , the federal Juvenile 
Justice and  Delinquency Prevention  and Control
 Act of  1968   1974 (42 U.S.C. Sec.
5601 et seq.)  , and any act or acts amendatory or supplemental
thereto.
   (d) "Local boards" means local criminal justice planning boards.
   (e) "Executive director" means the Executive Director of the Board
of State and Community Corrections.
   (f) This section shall become operative on July 1, 2012.
   SEC. 85.    Section 13827 is added to Chapter 3.6
(commencing with Section 13827) is added to Title 6 of Part 4 of the
  Penal Code   , to read:  
   13827.  (a) The Office of Gang and Youth Violence Policy is hereby
abolished. The duties and obligations of that office, and all powers
and authority formerly exercised by that office, shall be
transferred to and assumed by the Board of State and Community
Corrections.
   (b) Except for this section, the phrase "Office of Gang and Youth
Violence Policy" or any reference to that phrase in this code shall
be construed to mean the board. Any reference to the executive
director of the Office of Gang and Youth Violence Policy in this code
shall be construed to mean the board. 
   SEC. 86.    Section 8200 of the   Probate
Code   is amended to read: 
   8200.  (a) Unless a petition for probate of the will is earlier
filed, the custodian of a will shall, within 30 days after having
knowledge of the death of the testator, do both of the following:
   (1) Deliver the will to the clerk of the superior court of the
county in which the estate of the decedent may be administered.
 No fee shall be charged for compliance with the requirement
of this paragraph. 
   (2) Mail a copy of the will to the person named in the will as
executor, if the person's whereabouts is known to the custodian, or
if not, to a person named in the will as a beneficiary, if the person'
s whereabouts is known to the custodian.
   (b) A custodian of a will who fails to comply with the
requirements of this section is liable for all damages sustained by
any person injured by the failure.
   (c) The clerk shall release a copy of a will delivered under this
section for attachment to a petition for probate of the will or
otherwise on receipt of payment of the required fee and either a
court order for production of the will or a certified copy of a death
certificate of the decedent. 
   (d) The fee for delivering a will to the clerk of the superior
court pursuant to paragraph (1) of subdivision (a) shall be as
provided in Section 70626 of the Government Code. If an estate is
commenced for the dependent named in the will, the fee for any will
delivered pursuant to paragraph (1) of subdivision (a) shall be
reimbursable from the estate as an expense of administration. 
   SEC. 87.    Section 607 of the   Welfare and
Institutions Code   is amended to read: 
   607.  (a) The court may retain jurisdiction over any person who is
found to be a ward or dependent child of the juvenile court until
the ward or dependent child attains  the age of  21
years  of age  , except as provided in subdivisions (b),
(c), and (d).
   (b) The court may retain jurisdiction over any person who is found
to be a person described in Section 602 by reason of the commission
of any of the offenses listed in subdivision (b)  , 
 or  paragraph (2) of subdivision (d)  , or
subdivision (e)  of Section 707  , or subdivision (c) of
Section 290.008 of the Penal Code,  until that person attains
 the age of  25 years  of age  if the
person was committed to the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities.
   (c) The court shall not discharge any person from its jurisdiction
who has been committed to the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities so long as the person
remains under the jurisdiction of the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, including periods of
extended control ordered pursuant to Section 1800.
   (d) The court may retain jurisdiction over any person described in
Section 602 by reason of the commission of any of the offenses
listed in subdivision (b)  ,   or 
paragraph (2) of subdivision (d)  , or subdivision (e)
 of Section 707  ,   or subdivision (c) of
Section 290.008 of the Penal Code,  who has been confined in a
state hospital or other appropriate public or private mental health
facility pursuant to Section 702.3 until that person  has
attained the age of   attains  25 years  of age
 , unless the court  which   that 
committed the person finds, after notice and hearing, that the person'
s sanity has been restored.
   (e) The court may retain jurisdiction over any person while that
person is the subject of a warrant for arrest issued pursuant to
Section 663. 
   (f) Notwithstanding subdivisions (b) and (d), on and after July 1,
2012, every person committed by the juvenile court to the Department
of Corrections and Rehabilitation, Division of Juvenile Facilities,
who is found to be a person described in Section 602 by reason of the
violation of any of the offenses listed in subdivision (b) or
paragraph (2) of subdivision (d) of Section 707, or subdivision (c)
of Section 290.008                                                of
the Penal Code, shall be discharged upon the expiration of a two-year
period of control, or when the person attains 23 years of age,
whichever occurs later, unless an order for further detention has
been made by the committing court pursuant to Article 6 (commencing
with Section 1800) of Chapter 1 of Division 2.5. This section shall
not apply to persons committed to the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, or persons confined
in a state hospital or other appropriate public or private mental
health facility, by a court prior to July 1, 2012, pursuant to
subdivisions (b) and (d). 
   SEC. 88.    Section 736 of the   Welfare and
Institutions Code   is amended to read: 
   736.  (a) Except as provided in Section 733, the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities,
shall accept a ward committed to it pursuant to this article if the
 Chief Deputy Secretary for the Division of Juvenile Justice
  Director of the Division of Juvenile Justice 
believes that the ward can be materially  benefitted
  benefited  by the division's reformatory and
educational discipline, and if the division has adequate facilities,
staff, and programs to provide that care. A ward subject to this
section shall not be transported to any facility under the
jurisdiction of the division until the superintendent of the facility
has notified the committing court of the place to which that ward is
to be transported and the time at which he or she can be received.
   (b) To determine who is best served by the Division of Juvenile
Facilities, and who would be better served by the State Department of
Mental Health, the  Chief Deputy Secretary for the Division
of Juvenile Justice   Director of the Division of
Juvenile Justice  and the Director of the State Department of
Mental Health shall, at least annually, confer and establish policy
with respect to the types of cases that should be the responsibility
of each department.
   SEC. 89.   Section 912 of the    
Welfare and Institutions Code   , as added by Section 77 of
Chapter 36 of the Statutes of 2011, is amended to read: 
   912.  (a) Commencing on and after January 1, 2012, counties from
which persons are committed to the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, shall pay to the
state an annual rate of one hundred twenty-five thousand dollars
($125,000) for the time those persons remain in any institution under
the direct supervision of the division, or in any institution,
boarding home, foster home, or other private or public institution in
which they are placed by the division, on parole or otherwise, and
cared for and supported at the expense of the division, as provided
in this  section   subdivision  . This
 section   subdivision  applies to any
person committed to the division by a court, including persons
committed to the division prior to January 1, 2012, who, on or after
January 1, 2012, remain in or return to the facilities described in
this section.
   The Department of Corrections and Rehabilitation, Division of
Juvenile Facilities, shall present to the county, not more frequently
than monthly, a claim for the amount due the state under this
 section   subdivision  , which the county
shall process and pay pursuant to Chapter 4 (commencing with Section
29700) of Division 3 of Title 3 of the Government Code. 
   (b) Commencing on and after January 1, 2012, the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities,
shall not collect from, nor shall a county owe, any fees pursuant to
subdivision (a).  
   (c) Commencing on and after July 1, 2012, counties from which
persons are committed to the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, shall pay to the
state an annual rate of twenty-four thousand dollars ($24,000) for
the time those persons remain in any institution under the direct
supervision of the division, or in any institution, boarding home,
foster home, or other private or public institution in which they are
placed by the division, and cared for and supported at the expense
of the division, as provided in this subdivision. This subdivision
applies to any person committed to the division by a juvenile court
on or after July 1, 2012.  
   The Department of Corrections and Rehabilitation, Division of
Juvenile Facilities, shall present to the county, not more frequently
than monthly, a claim for the amount due to the state under this
subdivision, which the county shall process and pay pursuant to
Chapter 4 (commencing with Section 29700) of Division 3 of Title 3 of
the Government Code.  
   (d) Consistent with Article 1 (commencing with Section 6024) of
Chapter 5 of Title 7 of Part 3 of the Penal Code, the Board of State
and Community Corrections shall collect and maintain available
information and data about the movement of juvenile offenders
committed by a juvenile court and placed in any institution, boarding
home, foster home, or other private or public institution in which
they are cared for, supervised, or both, by the division or the
county while they are on parole, probation, or otherwise. 
   SEC. 90.    Section 1016 of the   Welfare
and Institutions Code   is amended to read: 
   1016.  (a) Whenever a person confined in a state institution
subject to the jurisdiction of the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, escapes, or is
discharged or paroled from the institution, and any personal funds or
property of that person remains in the hands of the  Chief
Deputy Secretary for Juvenile Justice   Director of the
Division of Juvenile Justice  in the Department of Corrections
and Rehabilitation, and no demand is made upon the  chief
deputy secretary   director  by the owner of the
funds or property or his or her legally appointed representative, all
money and other intangible personal property of that person, other
than deeds, contracts, or assignments, remaining in the custody or
possession of the  chief deputy secretary  
director  shall be held by him or her for a period of three
years from the date of that escape, discharge, or parole, for the
benefit of the person or his or her successors in interest. However,
unclaimed personal funds or property of paroled minors may be
exempted from the provisions of this section during the period of
their minority and for a period of one year thereafter, at the
discretion of the  chief deputy secretary  
director  .
   (b) Upon the expiration of this three-year period, any money and
other intangible personal property, other than deeds, contracts or
assignments, remaining unclaimed in the custody or possession of the
 chief deputy secretary   director  shall
be subject to the provisions of Chapter 7  (commencing with
Section 1500)  of Title 10 of Part 3 of the Code of Civil
Procedure.
   (c) Upon the expiration of one year from the date of the escape,
discharge, or parole:
   (1) All deeds, contracts, or assignments shall be filed by the
 chief deputy secretary   director  with
the public administrator of the county of commitment of that person.
   (2) All tangible personal property other than money, remaining
unclaimed in his or her custody or possession, shall be sold by the
 chief deputy secretary   director  at
public auction, or upon a sealed-bid basis, and the proceeds of the
sale shall be held by him or her subject to the provisions of Section
1752.8 of this code, and subject to the provisions of Chapter 7 
(commencing with Section 1500)  of Title 10 of Part 3 of the
Code of Civil Procedure. If he or she deems it expedient to do so,
the  chief deputy secretary   director  may
accumulate the property of several inmates and may sell the property
in lots as he or she may determine, provided that he or she makes a
determination as to each inmate's share of the proceeds.
   (d) If any tangible personal property covered by this section is
not salable at public auction or upon a sealed-bid basis, or if it
has no intrinsic value, or if its value is not sufficient to justify
its retention by the  chief deputy secretary  
director  to be offered for sale at public auction or upon a
sealed-bid basis at a later date, the  chief deputy secretary
  director  may order it destroyed.
   SEC. 91.    Section 1703 of the   Welfare
and Institutions Code   is amended to read: 
   1703.  Commencing July 1, 2005, as used in this chapter the
following terms have the following meanings:
   (a) "Public offenses" means public offenses as that term is
defined in the Penal Code.
   (b) "Court" includes any official authorized to impose sentence
for a public offense.
   (c) "Youth Authority," "Authority," "authority," or "division"
means the Department of Corrections and Rehabilitation, Division of
Juvenile Facilities.
   (d) "Board" or "board" means the Board of Parole Hearings, until
January 1, 2007, at which time "board" shall refer to the body
created to hear juvenile parole matters under the jurisdiction of the
 Chief Deputy Secretary for Juvenile Justice  
Director of the Division of Juvenile Justice  in the Department
of Corrections and Rehabilitation.
   (e) The masculine pronoun includes the feminine.
   SEC. 92.    Section 1711 of the   Welfare
and Institutions Code   is amended to read: 
   1711.  Commencing July 1, 2005, any reference to the Director of
the Youth Authority shall be to the  Chief Deputy Secretary
for Juvenile Justice   Director of the Division of
Juvenile Justice  in the Department of Corrections and
Rehabilitation, unless otherwise expressly provided.
   SEC. 93.    Section 1713 of the   Welfare
and Institutions Code   is amended to read: 
   1713.  (a) The  Chief Deputy Secretary for Juvenile
Justice   Director of the Division of Juvenile Justice
 in the Department of Corrections and Rehabilitation shall have
wide and successful administrative experience in youth or adult
correctional programs embodying rehabilitative or delinquency
prevention concepts.
   (b) The Governor may request the State Personnel Board to use
extensive recruitment and merit selection techniques and procedures
to provide a list of persons qualified for appointment as that
subordinate officer. The Governor may appoint any person from such
list of qualified persons or may reject all names and appoint another
person who meets the requirements of this section.
   SEC. 94.    Section 1719 of the   Welfare
and Institutions Code   , as amended by Section 12 of
Chapter 729 of the   Statutes of 2010, is amended to read:

   1719.  (a) This section applies only to a ward who is released to
parole supervision prior to the 90th day after the enactment of the
act adding this subdivision.
   (b) Commencing July 1, 2005, the following powers and duties shall
be exercised and performed by the Juvenile Parole Board: discharges
of commitment, orders to parole and conditions thereof, revocation or
suspension of parole, and disciplinary appeals.
   (c) Any ward may appeal an adjustment to his or her parole
consideration date to a panel comprised of at least two
commissioners.
   (d) The following powers and duties shall be exercised and
performed by the Division of Juvenile Facilities: return of persons
to the court of commitment for redisposition by the court,
determination of offense category, setting of parole consideration
dates, conducting annual reviews, treatment program orders,
institution placements, furlough placements, return of nonresident
persons to the jurisdiction of the state of legal residence,
disciplinary decisionmaking, and referrals pursuant to Section 1800.
   (e) The department shall promulgate policies and regulations
implementing a departmentwide system of graduated sanctions for
addressing ward disciplinary matters. The disciplinary decisionmaking
system shall be employed as the disciplinary system in facilities
under the jurisdiction of the Division of Juvenile Facilities, and
shall provide a framework for handling disciplinary matters in a
manner that is consistent, timely, proportionate, and ensures the due
process rights of wards. The department shall develop and implement
a system of graduated sanctions that distinguishes between minor,
intermediate, and serious misconduct. The department may  not
 extend a ward's discharge consideration date  , subject
to appeal pursuant to subdivision (c), from one to not more than 12
months, inclusive, for a sustained serious misconduct violation if
all other sanctioning options have been considered and determined to
be unsuitable in light of the ward's previous case history and the
circumstances of the misconduct. In any case in which a discharge
consideration date has been extended, the disposition report shall
clearly state the reasons for the extension. The length of any
discharge consideration date extension shall be based on the
seriousness of the misconduct, the ward's prior disciplinary history,
the ward's progress toward treatment objectives, the ward's earned
program credits, and any extenuating or mitigating circumstances
 . The department shall promulgate regulations to implement
a table of sanctions to be used in determining discharge
consideration date extensions. The department also may promulgate
regulations to establish a process for granting wards who have
successfully responded to disciplinary sanctions a reduction of up to
50 percent of any time acquired for disciplinary matters. 
   (f) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.
 
   (f) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date. 
   SEC. 95.    Section 1719 of the   Welfare
and Institutions Code  , as added by Section 13  
of Chapter 729 of the Statutes of 2010, is amended to read: 
   1719.  (a) The following powers and duties shall be exercised and
performed by the Juvenile Parole Board: discharges of commitment,
orders for discharge from the jurisdiction of the Division of
Juvenile Facilities to the jurisdiction of the committing court, and
disciplinary appeals.
   (b) Any ward may appeal a decision by the Juvenile Parole Board to
deny discharge to a panel comprised of at least two commissioners.
   (c) The following powers and duties shall be exercised and
performed by the Division of Juvenile Facilities: return of persons
to the court of commitment for redisposition by the court or a
reentry disposition, determination of offense category, setting of
discharge consideration dates, conducting annual reviews, treatment
program orders, institution placements, furlough placements, return
of nonresident persons to the jurisdiction of the state of legal
residence, disciplinary decisionmaking, and referrals pursuant to
Section 1800.
   (d) The department shall promulgate policies and regulations
implementing a departmentwide system of graduated sanctions for
addressing ward disciplinary matters. The disciplinary decisionmaking
system shall be employed as the disciplinary system in facilities
under the jurisdiction of the Division of Juvenile Facilities, and
shall provide a framework for handling disciplinary matters in a
manner that is consistent, timely, proportionate, and ensures the due
process rights of wards. The department shall develop and implement
a system of graduated sanctions that distinguishes between minor,
intermediate, and serious misconduct. The department may  not
 extend a ward's discharge consideration date  , subject
to appeal pursuant to subdivision (b), from one to not more than 12
months, inclusive, for a sustained serious misconduct violation if
all other sanctioning options have been considered and determined to
be unsuitable in light of the ward's previous case history and the
circumstances of the misconduct. In any case in which a discharge
consideration date has been extended, the disposition report shall
clearly state the reasons for the extension. The length of any
discharge consideration date extension shall be based on the
seriousness of the misconduct, the ward's prior disciplinary history,
the ward's progress toward treatment objectives, the ward's earned
program credits, and any extenuating or mitigating circumstances.
 The department shall promulgate regulations to implement a
table of sanctions to be used in determining discharge consideration
date extensions. The department also may promulgate regulations to
establish a process for granting wards who have successfully
responded to disciplinary sanctions a reduction of  up to 50
percent of  any time acquired for disciplinary matters.
   (e) This section shall become operative on  July 1, 2014
  January 1, 2013  .
   SEC. 96.    Section 1719.5 of the   Welfare
and Institutions Code   is amended to read: 
   1719.5.  (a) This section shall become operative on the 90th day
after the enactment of the act adding this section.
   (b) The following powers and duties shall be exercised and
performed by the Juvenile Parole Board: discharges of commitment,
orders for discharge from the jurisdiction of the Division of
Juvenile Facilities to the jurisdiction of the committing court,
revocation or suspension of parole, and disciplinary appeals.
   (c) Any ward may appeal a decision by the Juvenile Parole Board to
deny discharge to a panel comprised of at least two commissioners.
   (d) The following powers and duties shall be exercised and
performed by the Division of Juvenile Facilities: return of persons
to the court of commitment for redisposition by the court or a
reentry disposition, determination of offense category, setting of
discharge consideration dates, conducting annual reviews, treatment
program orders, institution placements, furlough placements, return
of nonresident persons to the jurisdiction of the state of legal
residence, disciplinary decisionmaking, and referrals pursuant to
Section 1800.
   (e) The department shall promulgate policies and regulations
implementing a departmentwide system of graduated sanctions for
addressing ward disciplinary matters. The disciplinary decisionmaking
system shall be employed as the disciplinary system in facilities
under the jurisdiction of the Division of Juvenile Facilities, and
shall provide a framework for handling disciplinary matters in a
manner that is consistent, timely, proportionate, and ensures the due
process rights of wards. The department shall develop and implement
a system of graduated sanctions that distinguishes between minor,
intermediate, and serious misconduct. The department may extend a
ward's discharge consideration date, subject to appeal pursuant to
subdivision (c), from one to not more than 12 months, inclusive, for
a sustained serious misconduct violation if all other sanctioning
options have been considered and determined to be unsuitable in light
of the ward's previous case history and the circumstances of the
misconduct. In any case in which a discharge consideration date has
been extended, the disposition report shall clearly state the reasons
for the extension. The length of any discharge consideration date
extension shall be based on the seriousness of the misconduct, the
ward's prior disciplinary history, the ward's progress toward
treatment objectives, the ward's earned program credits, and any
extenuating or mitigating circumstances. The department shall
promulgate regulations to implement a table of sanctions to be used
in determining discharge consideration date extensions. The
department also may promulgate regulations to establish a process for
granting wards who have successfully responded to disciplinary
sanctions a reduction of up to 50 percent of any time acquired for
disciplinary matters.
   (f) This section applies only to a ward who is discharged from
state jurisdiction to the jurisdiction of the committing court on or
after the operative date of this section. 
   (g) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.
 
   (g) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date. 
   SEC. 97.    Section 1725 of the   Welfare
and Institutions Code   is amended to read: 
   1725.  (a) Commencing July 1, 2005, the Board of Parole Hearings
shall succeed, and shall exercise and perform all powers and duties
previously granted to, exercised by, and imposed upon the Youthful
Offender Parole Board and Youth Authority Board, as authorized by
this article. The Youthful Offender Parole Board and Youth Authority
Board are abolished.
   (b) Commencing January 1, 2007, all commissioners appointed and
trained to hear juvenile parole matters, together with their duties
prescribed by law as functions of the Board of Parole Hearings
concerning wards under the jurisdiction of the Department of
Corrections and Rehabilitation, are transferred to the  Chief
Deputy Secretary for Juvenile Justice   Director of the
Division of Juvenile Justice .
   SEC. 98.    Section 1731.5 of the   Welfare
and Institutions Code  is amended to read: 
   1731.5.  (a) After certification to the Governor as provided in
this article, a court may commit to the Division of Juvenile
Facilities any person who meets all of the following:
   (1) Is convicted of an offense described in subdivision (b) of
Section 707 or subdivision (c) of Section 290.008 of the Penal Code.
   (2) Is found to be less than 21 years of age at the time of
apprehension.
   (3) Is not sentenced to death, imprisonment for life, with or
without the possibility of parole, whether or not pursuant to Section
190 of the Penal Code, imprisonment for 90 days or less, or the
payment of a fine, or after having been directed to pay a fine,
defaults in the payment thereof, and is subject to imprisonment for
more than 90 days under the judgment.
   (4) Is not granted probation, or was granted probation and that
probation is revoked and terminated.
   (b) The Division of Juvenile Facilities shall accept a person
committed to it pursuant to this article if it believes that the
person can be materially benefitted by its reformatory and
educational discipline, and if it has adequate facilities to provide
that care.
   (c) Any person under 18 years of age who is not committed to the
division pursuant to this section may be transferred to the authority
by the Secretary of the Department of Corrections and Rehabilitation
with the approval of the  Chief Deputy Secretary for the
Division of Juvenile Justice   Director of the Division
of Juvenile Justice  . In sentencing a person under 18 years of
age, the court may order that the person shall be transferred to the
custody of the Division of Juvenile Facilities pursuant to this
subdivision. If the court makes this order and the division fails to
accept custody of the person, the person shall be returned to court
for resentencing. The transfer shall be solely for the purposes of
housing the inmate, allowing participation in the programs available
at the institution by the inmate, and allowing division parole
supervision of the inmate, who, in all other aspects shall be deemed
to be committed to the Department of Corrections and Rehabilitation
and shall remain subject to the jurisdiction of the Secretary of the
Department of Corrections and Rehabilitation and the Board of Parole
Hearings. Notwithstanding subdivision (b) of Section 2900 of the
Penal Code, the secretary, with the concurrence of the  chief
deputy secretary   director  , may designate a
facility under the jurisdiction of the  chief deputy
secretary   director  as a place of reception for
any person described in this subdivision.
   The  chief deputy secretary   director 
shall have the same powers with respect to an inmate transferred
pursuant to this subdivision as if the inmate had been committed or
transferred to the Division of Juvenile Facilities either under the
Arnold-Kennick Juvenile Court Law or subdivision (a).
   The duration of the transfer shall extend until any of the
following occurs:
   (1) The  chief deputy secretary   director
 orders the inmate returned to the Department of Corrections and
Rehabilitation.
   (2) The inmate is ordered discharged by the Board of Parole
Hearings.
   (3) The inmate reaches 18 years of age. However, if the inmate's
period of incarceration would be completed on or before the inmate's
21st birthday, the  chief deputy secretary  
director  may continue to house the inmate until the period of
incarceration is completed.
   SEC. 99.   Section 1752.16 of the   Welfare
and Institutions Code   , as added by Section 3 of Chapter 7
of the   Statutes of 2012, is amended to read: 
   1752.16.  (a) The chief of the Division of Juvenile Facilities,
with approval of the Director of Finance, may enter into contracts
with any county of this state for the Division of Juvenile Facilities
to furnish housing to a ward who was in the custody of the Division
of Juvenile Facilities on December 12, 2011, and whose commitment was
recalled based on both of the following:
   (1) The ward was committed to the Division of Juvenile Facilities
for the commission of an offense described in subdivision (c) of
Section 290.008 of the Penal Code.

           (2) The ward has not been adjudged a ward of the court
pursuant to Section 602 for commission of an offense described in
subdivision (b) of Section 707.
   (b) It is the intent of the Legislature in enacting this act to
address the California Supreme Court's ruling in In re C.H. (2011) 53
Cal.4th 94. 
   (c) Notwithstanding Sections 11010 and 11270 of the Government
Code, any county entering into a contract pursuant to this section
shall not be required to reimburse the state. 
   SEC. 100.    Section 1752.81 of the  
Welfare and Institutions Code   is amended to read: 
   1752.81.  (a) Whenever the  Chief Deputy Secretary for
Juvenile Justice   Director of the Division of Juvenile
Justice  has in his or her possession in trust funds of a ward
committed to the division, the funds may be released for any purpose
when authorized by the ward. When the sum held in trust for any ward
by the  Chief Deputy Secretary for Juvenile Justice 
 director  exceeds five hundred dollars ($500), the amount
in excess of five hundred dollars ($500) may be expended by the
 chief deputy secretary   director 
pursuant to a lawful order of a court directing payment of the funds,
without the authorization of the ward thereto.
   (b) Whenever an adult or minor is committed to or housed in a
Division of Juvenile Facilities facility and he or she owes a
restitution fine imposed pursuant to Section 13967 of the Government
Code, as operative on or before September 28, 1994, or Section 1202.4
or 1203.04 of the Penal Code, as operative on or before August 2,
1995, or pursuant to Section 729.6, 730.6 or 731.1, as operative on
or before August 2, 1995, the  Chief Deputy Secretary for
Juvenile Justice   director  shall deduct the
balance owing on the fine amount from the trust account deposits of a
ward, up to a maximum of 50 percent of the total amount held in
trust, unless prohibited by federal law. The  chief deputy
secretary   director  shall transfer that amount to
the California Victim Compensation and Government Claims Board for
deposit in the Restitution Fund in the State Treasury. Any amount so
deducted shall be credited against the amount owing on the fine. The
sentencing court shall be provided a record of the payments.
   (c) Whenever an adult or minor is committed to, or housed in, a
Division of Juvenile Facilities facility and he or she owes
restitution to a victim imposed pursuant to Section 13967 of the
Government Code, as operative on or before September 28, 1994, or
Section 1202.4 or 1203.04 of the Penal Code, as operative on or
before August 2, 1995, or pursuant to Section 729.6, 730.6, or 731.1,
as operative on or before August 2, 1995, the  Chief Deputy
Secretary for Juvenile Justice   director  shall
deduct the balance owing on the order amount from the trust account
deposits of a ward, up to a maximum of 50 percent of the total amount
held in trust, unless prohibited by federal law. The  chief
deputy secretary   director  shall transfer that
amount directly to the victim. If the restitution is owed to a person
who has filed an application with the Victims of Crime Program, the
 chief deputy secretary   director  shall
transfer that amount to the California Victim Compensation and
Government Claims Board for direct payment to the victim or payment
shall be made to the Restitution Fund to the extent that the victim
has received assistance pursuant to that program. The sentencing
court shall be provided a record of the payments made to victims and
of the payments deposited to the Restitution Fund pursuant to this
subdivision.
   (d) Any compensatory or punitive damages awarded by trial or
settlement to a minor or adult committed to the Division of Juvenile
Facilities in connection with a civil action brought against any
federal, state, or local jail or correctional facility, or any
official or agent thereof, shall be paid directly, after payment of
reasonable attorney's fees and litigation costs approved by the
court, to satisfy any outstanding restitution orders or restitution
fines against the minor or adult. The balance of any award shall be
forwarded to the minor or adult committed to the Division of Juvenile
Facilities after full payment of all outstanding restitution orders
and restitution fines subject to subdivision (e). The Division of
Juvenile Facilities shall make all reasonable efforts to notify the
victims of the crime for which the minor or adult was committed
concerning the pending payment of any compensatory or punitive
damages. This subdivision shall apply to cases settled or awarded on
or after April 26, 1996, pursuant to Sections 807 and 808 of Title
VIII of the federal Prison Litigation Reform Act of 1995 (P.L.
104-134; 18 U.S.C. Sec. 3626 (Historical and Statutory Notes)).
   (e) The  chief deputy secretary   director
 shall deduct and retain from the trust account deposits of a
ward, unless prohibited by federal law, an administrative fee that
totals 10 percent of any amount transferred pursuant to subdivision
(b) and (c), or 5 percent of any amount transferred pursuant to
subdivision (d). The  chief deputy secretary  
director  shall deposit the administrative fee moneys in a
special deposit account for reimbursing administrative and support
costs of the restitution and victims program of the Division of
Juvenile Facilities. The  chief deputy secretary 
 director  , at his or her discretion, may retain any excess
funds in the special deposit account for future reimbursement of the
division's administrative and support costs for the restitution and
victims program or may transfer all or part of the excess funds for
deposit in the Restitution Fund.
   (f) When a ward has both a restitution fine and a restitution
order from the sentencing court, the Division of Juvenile Facilities
shall collect the restitution order first pursuant to subdivision
(c).
   (g) Notwithstanding subdivisions (a), (b), and (c), whenever the
 Chief Deputy Secretary for Juvenile Justice  
director  holds in trust a ward's funds in excess of five
dollars ($5) and the ward cannot be located, after one year from the
date of discharge, absconding from the Division of Juvenile
Facilities supervision, or escape, the Division of Juvenile
Facilities shall apply the trust account balance to any unsatisfied
victim restitution order or fine owed by that ward. If the victim
restitution order or fine has been satisfied, the remainder of the
ward's trust account balance, if any, shall be transferred to the
Benefit Fund to be expended pursuant to Section 1752.5. If the victim
to whom a particular ward owes restitution cannot be located, the
moneys shall be transferred to the Benefit Fund to be expended
pursuant to Section 1752.5.
   SEC. 101.    Section 1764.2 of the   Welfare
and Institutions Code   is amended to read: 
   1764.2.  (a) Notwithstanding any other provision of law, the
 chief deputy secretary   Director of the
Division of Juvenile Justice  or the  chief deputy
secretary's   director's  designee shall release
the information described in Section 1764 regarding a person
committed to the Division of Juvenile Facilities, to the victim of
the offense, the next of kin of the victim, or his or her
representative as designated by the victim or next of kin pursuant to
Section 1767, upon request, unless the court has ordered
confidentiality under subdivision (c) of Section 676. The victim or
the next of kin shall be identified by the court or the probation
department in the offender's commitment documents before the
chief deputy secretary   director  is required to
disclose this information.
   (b) The  chief deputy secretary   Director of
the Division of Juvenile Justice  or the  chief deputy
secretary's   director's  designee shall, with
respect to persons committed to the Division of Juvenile Facilities,
including persons committed to the Department of Corrections and
Rehabilitation who have been transferred to the Division of Juvenile
Facilities, inform each victim of that offense, the victim's next of
kin, or his or her representative as designated by the victim or next
of kin pursuant to Section 1767, of his or her right to request and
receive information pursuant to subdivision (a) and Section 1767.
   SEC. 102.    Section 1766 of the   Welfare
and Institutions Code   , as amended by Section 15 of
Chapter 729 of the   Statutes of 2010, is amended to read:

   1766.  (a) This section applies only to a ward who is released to
parole supervision prior to the operative date of the act adding this
subdivision.
   (b) Subject to Sections 733 and 1767.35, and subdivision (c) of
this section, if a person has been committed to the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities, the
Juvenile Parole Board, according to standardized review and appeal
procedures established by the board in policy and regulation and
subject to the powers and duties enumerated in subdivision (b) of
Section 1719, may do any of the following:
   (1) Permit the ward his or her liberty under supervision and upon
conditions it believes are best designed for the protection of the
public.
   (2) Order his or her confinement under conditions it believes best
designed for the protection of the public pursuant to the purposes
set forth in Section 1700, except that a person committed to the
division pursuant to  Sections   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. Nothing in this subdivision limits the power of the
board to retain the minor or the young adult on parole status for the
period permitted by Sections 1769, 1770, and 1771.
   (3) Order reconfinement or renewed release under supervision as
often as conditions indicate to be desirable.
   (4) Revoke or modify any parole or disciplinary appeal order.
   (5) Modify an order of discharge if conditions indicate that the
modification is desirable and when that modification is to the
benefit of the person committed to the division.
   (6) Discharge him or her from its control when it is satisfied
that discharge is consistent with the protection of the public.
   (c) The following provisions shall apply to any ward eligible for
release on parole on or after September 1, 2007, who was committed to
the custody of the Division of Juvenile Facilities for an offense
other than one described in subdivision (b) of Section 707 or
subdivision (c) of Section 290.008 of the Penal Code:
   (1) The county of commitment shall supervise the reentry of any
ward released on parole on or after September 1, 2007, who was
committed to the custody of the division for committing an offense
other than those described in subdivision (b) of Section 707 or
subdivision (c) of Section 290.008 of the Penal Code.
   (2) Not less than 60 days prior to the scheduled parole
consideration hearing of a ward described in this subdivision, the
division shall provide to the probation department and the court of
the committing county, and the ward's counsel, if known, the most
recent written review prepared pursuant to Section 1720, along with
notice of the parole consideration hearing date.
   (3) (A) Not less than 30 days prior to the scheduled parole
consideration hearing, the division shall notify the ward of the date
and location of the parole consideration hearing. A ward shall have
the right to contact his or her parent or guardian, if he or she can
reasonably be located, to inform the parent or guardian of the date
and location of the parole consideration hearing. The division shall
also allow the ward to inform other persons identified by the ward,
if they can reasonably be located, and who are considered by the
division as likely to contribute to a ward's preparation for the
parole consideration hearing or the ward's postrelease success.
   (B) This paragraph shall not apply if either of the following
conditions is met:
   (i) A minor chooses not to contact his or her parents, guardians,
or other persons and the director of the division facility determines
it would be in the best interest of the minor not to contact the
parents, guardians, or other persons.
   (ii) A person 18 years of age or older does not consent to the
contact.
   (C) Upon intake of a ward into a division facility, and again upon
attaining 18 years of age while in the custody of the division, an
appropriate staff person shall explain the provisions of
subparagraphs (A) and (B), using language clearly understandable to
the ward.
   (D) Nothing in this paragraph shall be construed to limit the
right of a ward to an attorney under any other law.
   (4) Not less than 30 days prior to the scheduled parole
consideration hearing of a ward described in this subdivision, the
probation department of the committing county may provide the
division with its written plan for the reentry supervision of the
ward. At the parole consideration hearing, the Board of Parole
Hearings shall, in determining whether the ward is to be released,
consider a reentry supervision plan submitted by the county.
   (5) Any ward described in this subdivision who is granted parole
shall be placed on parole jurisdiction for up to 15 court days
following his or her release. The board shall notify the probation
department and the court of the committing county within 48 hours of
a decision to release a ward.
   (6) Within 15 court days of the release by the division of a ward
described in this subdivision, the committing court shall convene a
reentry disposition hearing for the ward. The purpose of the hearing
shall be for the court to identify those conditions of probation that
are appropriate under all the circumstances of the case. The court
shall, to the extent it deems appropriate, incorporate a reentry plan
submitted by the county probation department and reviewed by the
board into its disposition order. At the hearing the ward shall be
fully informed of the terms and conditions of any order entered by
the court, including the consequences for any violation thereof. The
procedure of the reentry disposition hearing shall otherwise be
consistent with the rules, rights, and procedures applicable to
delinquency disposition hearings as described in Article 17
(commencing with Section 675) of Chapter 2 of Part 1 of Division 2.
   (7) The division shall have no further jurisdiction over a ward
described in this subdivision who is released on parole by the board
upon the ward's court appearance pursuant to paragraph (5).
   (d) Within 60 days of intake, the division shall provide the court
and the probation department with a treatment plan for the ward.
   (e) A ward shall be entitled to an appearance hearing before a
panel of board commissioners for any action that would result in the
extension of a parole consideration date pursuant to subdivision (d)
of Section 5076.1 of the Penal Code.
   (f) The department shall promulgate policies and regulations to
implement this section.
   (g) Commencing on July 1, 2004, and annually thereafter, for the
preceding fiscal year, the department shall collect and make
available to the public the following information:
   (1) The total number of ward case reviews conducted by the
division and the board, categorized by guideline category.
   (2) The number of parole consideration dates for each category set
at guideline, above guideline, and below guideline.
   (3) The number of ward case reviews resulting in a change to a
parole consideration date, including the category assigned to the
ward, the amount of time added to or subtracted from the parole
consideration date, and the specific reason for the change.
   (4) The percentage of wards who have had a parole consideration
date changed to a later date, the percentage of wards who have had a
parole consideration date changed to an earlier date, and the average
annual time added or subtracted per case.
   (5) The number and percentage of wards who, while confined or on
parole, are charged with a new misdemeanor or felony criminal
offense.
   (6) Any additional data or information identified by the
department as relevant.
   (h) As used in subdivision (g), the term "ward case review" means
any review of a ward that changes, maintains, or appreciably affects
the programs, treatment, or placement of a ward. 
   (i) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.
 
   (i) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date. 
   SEC. 103.    Section 1766 of the   Welfare
and Institutions Code   , as   amended by Section
80 of Chapter 36 of the Statutes of 2011, is amended to read: 
   1766.  (a) Subject to Sections 733 and 1767.35, and subdivision
(b) of this section, if a person has been committed to the Department
of Corrections and Rehabilitation, Division of Juvenile Facilities,
the Juvenile Parole Board, according to standardized review and
appeal procedures established by the board in policy and regulation
and subject to the powers and duties enumerated in subdivision (a) of
Section 1719, may do any of the following:
   (1) Set a date on which the ward shall be discharged from the
jurisdiction of the Division of Juvenile Facilities and permitted his
or her liberty under supervision of probation and subject to the
jurisdiction of the committing court pursuant to subdivision (b).
   (2) Order his or her confinement under conditions the board
believes best designed for the protection of the public pursuant to
the purposes set forth in Section 1700, except that a person
committed to the division pursuant to Section 731 or 1731.5 may not
be held in physical confinement for a total period of time in excess
of the maximum periods of time set forth in Section 731.
   (3) Discharge him or her from any formal supervision when the
board is satisfied that discharge is consistent with the protection
of the public.
   (b) The following provisions shall apply to any ward eligible for
discharge from his or her commitment to the custody of the Department
of Corrections and Rehabilitation, Division of Juvenile Facilities.
Any order entered by the court pursuant to this subdivision shall be
consistent with evidence-based practices and the interest of public
safety.
   (1) The county of commitment shall supervise the reentry of any
ward still subject to the court's jurisdiction and discharged from
the jurisdiction of the Division of Juvenile Facilities. The
conditions of the ward's supervision shall be established by the
court pursuant to the provisions of this section.
   (2) Not less than 60 days prior to the scheduled discharge
consideration hearing of a ward described in this subdivision, the
division shall provide to the probation department and the court of
the committing county, and the ward's counsel, if known, the most
recent written review prepared pursuant to Section 1720, along with
notice of the discharge consideration hearing date.
   (3) (A) Not less than 30 days prior to the scheduled discharge
consideration hearing, the division shall notify the ward of the date
and location of the discharge consideration hearing. A ward shall
have the right to contact his or her parent or guardian, if he or she
can reasonably be located, to inform the parent or guardian of the
date and location of the discharge consideration hearing. The
division shall also allow the ward to inform other persons identified
by the ward, if they can reasonably be located, and who are
considered by the division as likely to contribute to a ward's
preparation for the discharge consideration hearing or the ward's
postrelease success.
   (B) This paragraph shall not apply if either of the following
conditions is met:
   (i) A minor chooses not to contact his or her parents, guardians,
or other persons and the director of the division facility determines
it would be in the best interest of the minor not to contact the
parents, guardians, or other persons.
   (ii) A person 18 years of age or older does not consent to the
contact.
   (C) Upon intake of a ward committed to a division facility, and
again upon attaining 18 years of age while serving his or her
commitment in the custody of the division, an appropriate staff
person shall explain the provisions of subparagraphs (A) and (B),
using language clearly understandable to the ward.
   (D) Nothing in this paragraph shall be construed to limit the
right of a ward to an attorney under any other law.
   (4) Not less than 30 days prior to the scheduled discharge
consideration hearing of a ward described in this subdivision, the
probation department of the committing county may provide the
division with its written plan for the reentry supervision of the
ward. At the discharge consideration hearing, the Juvenile Parole
Board shall, in determining whether the ward is to be released,
consider a reentry supervision plan submitted by the county.
   (5) If the Juvenile Parole Board determines that a ward is ready
for discharge to county supervision pursuant to subdivision (a), the
board shall set a date for discharge from the jurisdiction of the
Division of Juvenile Facilities no less than 14 days after the date
of such determination. The board shall also record any postrelease
recommendations for the ward. These recommendations will be sent to
the committing court responsible for setting the ward's conditions of
supervision no later than seven days from the date of such
determination.
   (6) No more than four days but no less than one day prior to the
scheduled date of the reentry disposition hearing before the
committing court, the Division of Juvenile Facilities shall transport
and deliver the ward to the custody of the probation department of
the committing county. On or prior to a ward's date of discharge from
the Division of Juvenile Facilities, the committing court shall
convene a reentry disposition hearing for the ward. The purpose of
the hearing shall be for the court to identify those conditions of
supervision that are appropriate under all the circumstances of the
case and consistent with evidence-based practices. The court shall,
to the extent it deems appropriate, incorporate postrelease
recommendations made by the board as well as any reentry plan
submitted by the county probation department and reviewed by the
board into its disposition order. At the hearing the ward shall be
fully informed of the terms and conditions of any order entered by
the court, including the consequences for any violation thereof. The
procedure of the reentry disposition hearing shall otherwise be
consistent with the rules, rights, and procedures applicable to
delinquency disposition hearings as described in Article 17
(commencing with Section 675) of Chapter 2 of Part 1 of Division 2.
   (7) The Department of Corrections and Rehabilitation shall have no
further jurisdiction over a ward who is discharged by the board.
   (8) Notwithstanding any other law or any other provision of this
section  and consistent with the provisions of Section 1984
 , commencing  July 1, 2014,   January
1, 2013,  all wards who remain on parole under the jurisdiction
of the Division of Juvenile Facilities shall be discharged 
and transferred to the supervision of the committing court for the
remainder of their jurisdiction  , except for wards who
are in custody pending revocation proceedings or serving a term of
revocation. A ward that is pending revocation proceedings or serving
a term of revocation shall be discharged after serving his or her
revocation term, including any revocation extensions, or when any
allegations of violating the terms and conditions of his or her
parole are not sustained  .
   (c) Within 60 days of intake, the Division of Juvenile Facilities
shall provide the court and the probation department with a treatment
plan for the ward.
   (d) Commencing  July 1, 2014,  January 1,
2013,  and annually thereafter, for the preceding fiscal year,
the department shall collect and make available to the public the
following information:
   (1) The total number of ward case reviews conducted by the
division and the board, categorized by guideline category.
   (2) The number of discharge consideration dates for each category
set at guideline, above guideline, and below guideline.
   (3) The number of ward case reviews resulting in a change to a
discharge consideration date, including the category assigned to the
ward and the specific reason for the change.
   (4) The percentage of wards who have had a discharge consideration
date changed to a later date, the percentage of wards who have had a
discharge consideration date changed to an earlier date, and the
average annual time added or subtracted per case.
   (5) The number and percentage of wards who, while confined or on
parole, are charged with a new misdemeanor or felony criminal
offense.
   (6) Any additional data or information identified by the
department as relevant.
   (e) As used in subdivision (d), the term "ward case review" means
any review of a ward that changes, maintains, or appreciably affects
the programs, treatment, or placement of a ward.
   (f) This section shall become operative on  July 1, 2014.
  January 1, 2013. 
   SEC. 104.    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.
 
   (h) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date. 
   SEC. 105.    Section 1767.3 of the   Welfare
and Institutions Code   is amended to read: 
   1767.3.  (a) The Juvenile Parole Board may suspend, cancel, or
revoke any parole and may order returned to custody, as specified in
Section 1767.35, any person under the jurisdiction of the Division of
Juvenile Parole Operations.
   (b) The written order of the  Chief Deputy Secretary for
the Division of Juvenile Justice   Director of the
Division of Juvenile Justice  is a sufficient warrant for any
peace officer to return to custody any person under the jurisdiction
of the Division of Juvenile Parole Operations.
   (c) The written order of the  Chief Deputy Secretary for
the Division of Juvenile Justice   Director of the
Division of Juvenile Justice  is a sufficient warrant for any
peace officer to return to custody, pending further proceedings
before the Juvenile Parole Board, any person under the jurisdiction
of the Division of Juvenile Parole Operations, or for any peace
officer to return to custody any person who has escaped from the
custody of the Division of Juvenile Facilities or from any
institution or facility in which he or she has been placed by the
division.
   (d) All peace officers shall execute the orders in like manner as
a felony warrant.
   SEC. 106.    Section 1767.35 of the  
Welfare and Institutions Code   , as amended by Section 18
of Chapter 729 of   the Statutes of 2010, is amended to
read: 
   1767.35.  (a) This section applies to a ward who is paroled prior
to the 90th day after the enactment of the act adding this section.
   (b) A ward who has been committed to the Division of Juvenile
Facilities for the commission of an offense described in subdivision
(b) of Section 707 or an offense described in subdivision (c) of
Section 290.008 of the Penal Code and who has been placed on parole
subject to the jurisdiction of the Division of Juvenile Parole
Operations shall, upon an alleged violation of his or her conditions
of parole, be subject to the juvenile parole revocation process and
the jurisdiction of the Juvenile Parole Board and shall be eligible
for return to the custody of the Division of Juvenile Facilities upon
the suspension, cancellation, or revocation of parole.
   (c) A parolee who is under the jurisdiction of the division for
the commission of an offense not described in subdivision (b) of
Section 707 or subdivision (c) of Section 290.008 of the Penal Code
shall be returned to the county of commitment upon the suspension,
cancellation, or revocation of parole. If a ward subject to this
subdivision is detained by the Division of Juvenile Parole Operations
for the purpose of initiating proceedings to suspend, cancel, or
revoke the ward's parole, the division shall notify the court and
probation department of the committing county within 48 hours of the
ward's detention that the ward is subject to parole violation
proceedings. Within 15 days of a parole violation notice from the
division, the committing court shall conduct a reentry disposition
hearing for the ward. Pending the hearing, the ward may be detained
by the division, provided that the division shall deliver the ward to
the custody of the probation department in the county of commitment
not more than three judicial days nor less than two judicial days
prior to the reentry disposition hearing. At the hearing, at which
the ward shall be entitled to representation by counsel, the court
shall consider the alleged violation of parole, the risks and needs
presented by the ward, and the reentry disposition programs and
sanctions that are available for the ward, and enter a disposition
order consistent with these considerations and the protection of the
public. The ward shall be fully informed by the court of the terms,
conditions, responsibilities, and sanctions that are relevant to the
reentry plan that is adopted by the court. Upon delivery to the
custody of the probation department for local proceedings under this
subdivision, the Division of Juvenile Facilities and the Board of
Parole Hearings shall have no further jurisdiction or parole
supervision responsibility for a ward subject to this subdivision.
The procedure of the reentry disposition hearing, including the
detention status of the ward in the event continuances are ordered by
the court, shall be consistent with the rules, rights, and
procedures applicable to delinquency disposition hearings, as
described in Article 17 (commencing with Section 675) of Chapter 2 of
Part 1 of Division 2. 
   (d) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.
 
   (d) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date. 
   SEC. 107.    Section 1767.35 of the  
Welfare and Institutions Code  , as added by Section 
 19 of Chapter 729 of the Statutes of 2010, is amended to read:

   1767.35.  (a) For a ward discharged from the Division of Juvenile
Facilities to the jurisdiction of the committing court, that person
may be detained by probation, for the purpose of initiating
proceedings to modify the ward's conditions of supervision entered
pursuant to paragraph (6) of subdivision (b) of Section 1766 if there
is probable cause to believe that the ward has violated any of the
court-ordered conditions of supervision. Within 15 days of detention,
the committing court shall conduct a modification hearing for the
ward. Pending the hearing, the ward may be detained by probation. At
the hearing authorized by this subdivision, at which the ward shall
be entitled to representation by counsel, the court shall consider
the alleged violation of conditions of supervision, the risks and
needs presented by the ward, and the supervision programs and
sanctions that are available for the ward. Modification may include,
as a sanction for a finding of a serious violation or a series of
repeated violations of the conditions of supervision, an order for
the reconfinement of a ward under 18 years of age in a juvenile
facility, or for the reconfinement of a ward 18 years of age or older
in a juvenile facility as authorized by Section 208.5, or for the
reconfinement of a ward 18 years of age or older in a local adult
facility as authorized by subdivision (b), or the Division of
Juvenile Facilities as authorized by subdivision (c). The ward shall
be fully informed by the court of the terms, conditions,
responsibilities, and sanctions that are relevant to the order that
is adopted by the court. The procedure of the supervision
modification hearing, including the detention status of the ward in
the event continuances are ordered by the court, shall be consistent
with the rules, rights, and procedures applicable to delinquency
disposition hearings, as described in Article 17 (commencing with
Section 675) of Chapter 2 of Part 1 of Division 2.
   (b) Notwithstanding any other law, subject to Chapter 1.6.
(commencing with Section 1980), and consistent with the maximum
periods of time set forth in Section 731, in any case in which a
person who was committed to and discharged from the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities to
the jurisdiction of the committing court attains 18 years of age
prior to being discharged from the division or during the period of
supervision by the committing court, the court may, upon a finding
that the ward violated his or her conditions of supervision and after
consideration of the recommendation of the probation officer and
pursuant to a hearing conducted according to the provisions of
subdivision (a), order that the person be delivered to the custody of
the sheriff for a period not to exceed a total of 90 days, as a
custodial sanction consistent with the reentry goals and requirements
imposed by the court pursuant to paragraph (6) of subdivision (b) of
Section 1766. Notwithstanding any other law, the sheriff may allow
the person to come into and remain in contact with other adults in
the county jail or in any other county correctional facility in which
he or she is housed.
   (c) Notwithstanding any other law and subject to Chapter 1.6
(commencing with Section 1980), in any case in which a person who was
committed to and discharged from the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, to the jurisdiction
of the committing court, the juvenile court may, upon a finding that
the ward violated his or her conditions of supervision and after
consideration of the recommendation of the probation officer and
pursuant to a hearing conducted according to the provisions of
subdivision (a), order that the person be returned to the custody of
the Department of Corrections and Rehabilitation, Division of
Juvenile Facilities, for a specified amount of time no shorter than
90 days and no longer than one year. This return shall be a sanction
consistent with the reentry goals and requirements imposed by the
court pursuant to paragraph (6) of subdivision (b) of Section 1766. A
decision to return a ward to the custody of the Division of Juvenile
Facilities can only be made pursuant to the court making the
following findings: (1) that appropriate local options and programs
have been exhausted, and (2) that the ward has available confinement
time that is greater than or equal to the length of the return.
   (d) Upon ordering a ward to the custody of the Division of
Juvenile Facilities, the court shall send to the Division of Juvenile
Facilities a copy of its order along with a copy of the ward's
probation plans and history while under the supervision of the
county.
   (e) This section shall become operative on  July 1, 2014.
  January 1, 2013. 
   SEC. 108.    Section 1767.36 of the  
Welfare and Institutions Code   is amended to read: 
   1767.36.  (a) This section applies to a ward who is discharged
from state jurisdiction to the jurisdiction of the committing court
on or after the 90th day after the enactment of the act adding this
section.
   (b) For a ward discharged from the Division of Juvenile Facilities
to the jurisdiction of the committing court, that person may be
detained by probation, for the purpose of initiating proceedings to
modify the ward's conditions of supervision entered pursuant to
paragraph (6) of subdivision (c) of Section 1766.01 if there is
probable cause to believe that a ward has violated any of the
court-ordered conditions of supervision. Within 15 days of detention,
the committing court shall conduct a modification hearing for the
ward. Pending the hearing, the ward may be detained by probation. At
the hearing authorized by this subdivision, at which the ward shall
be entitled to representation by counsel, the court shall consider
the alleged violation of conditions of supervision, the risks and
needs presented by the ward, and the supervision programs and
sanctions that are available for the ward. Modification may include,
as a sanction for a finding of a serious violation or a series of
repeated violations of the conditions of supervision, an order for
the reconfinement of a ward under 18 years of age in a juvenile
facility, or for the reconfinement of a ward 18 years of age or older
in a juvenile facility as authorized by Section 208.5, or for the
reconfinement of a ward 18 years of age or older in a local adult
facility as authorized by subdivision (c), or the Division of
Juvenile Facilities as authorized by subdivision (d). The ward shall
be fully informed by the court of the terms, conditions,
responsibilities, and sanctions that are relevant to the order that
is adopted by the court. The procedure of the supervision
modification hearing, including the detention status of the ward in
the event continuances are ordered by the court, shall be consistent
with the rules, rights, and procedures applicable to delinquency
disposition hearings, as described in Article 17 (commencing with
Section 675) of Chapter 2 of Part 1 of Division 2.
   (c) Notwithstanding any other law, subject to Chapter 1.6.
(commencing with Section 1980), and consistent with the maximum
periods of time set forth in Section 731, in any case in which a
person who was committed to and discharged from the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities to
the jurisdiction the committing court attains 18 years of age prior
to being discharged from the division or during the period of
supervision by the committing court, the court may, upon a finding
that the ward violated his or her conditions of supervision and after
consideration of the recommendation of the probation officer and
pursuant to a hearing conducted according to the provisions of
subdivision (b), order that the person be delivered to the custody of
the sheriff for a period not to exceed a total of 90 days, as a
custodial sanction consistent with the reentry goals and requirements
imposed by the court pursuant to paragraph (6) of subdivision (c) of
Section 1766.01. Notwithstanding any other law, the sheriff may
allow the person to come into and remain in contact with other adults
in the county jail or in any other county correctional facility in
which he or she is housed.
   (d) Notwithstanding any other law and subject to Chapter 1.6
(commencing with Section 1980), in any case in which a person who was
committed to and discharged from the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, to the jurisdiction
of the committing court, the juvenile court may, upon a finding that
the ward violated his or her conditions of supervision and after
consideration of the recommendation of the probation officer and
pursuant to a hearing conducted according to the provisions of
subdivision (b), order that the person be returned to the custody of
the Department of Corrections and Rehabilitation, Division of
Juvenile Facilities, for a specified amount of time no shorter than
90 days and no longer than one year. This return shall be a sanction
consistent with the reentry goals and requirements imposed by the
court pursuant to paragraph (6) of subdivision (c) of Section
1766.01. A decision to return a ward to the custody of the Division
of Juvenile Facilities can only be made pursuant to the court making
the following findings: (1) that appropriate local options and
programs have been exhausted, and (2) that the ward has available
confinement time that is greater than or equal to the length of the
return.
   (e) Upon ordering a ward to the custody of the Division of
Juvenile Facilities, the court shall send to the Division of Juvenile
Facilities a copy of its order along with a copy of the ward's
probation plans and history while under the supervision of the
county. 
   (f) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.
 
   (f) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date. 
   SEC. 109.    Section 1769 of the  Welfare
and Institutions Code   is amended to read: 
   1769.  (a) Every person committed to the  Department of
the Youth Authority   Department of Corrections and
Rehabilitation, Division of Juvenile Facilities,  by a juvenile
court shall, except as provided in subdivision (b), be discharged
upon the expiration of a two-year period of control or when 
the person reaches his or her 21st birthday   he or she
attains 21 years of age  , whichever occurs later, unless an
order for further detention has been made by the committing court
pursuant to Article 6 (commencing with Section 1800).
   (b) Every person committed to the  Department of the Youth
Authority   Department of Corrections and
Rehabilitation, Division of Juvenile Facilities,  by a juvenile
court who has been found to be a person described in Section 602 by
reason of the violation of any of the offenses listed in subdivision
(b)  ,   or  paragraph (2) of subdivision
(d)  , or subdivision (e)  of Section 707,  or
subdivision (c) of Section 290.008 of the Penal Code,  shall be
discharged upon the expiration of a two-year period of control or
when  the person reaches his or her 25th birthday 
 he or she attains 25 years of age  , whichever occurs
later, unless an order for further detention has been made by the
committing court pursuant to Article 6 (commencing with Section
1800). 
   (c) Notwithstanding subdivision (b), on and after July 1, 2012,
every person committed by a juvenile court to the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities, who
is found to be a person described in Section 602 by reason of the
violation of any of the offenses listed in subdivision (b) or
paragraph (2) of subdivision (d) of Section 707, or subdivision (c)
of Section 290.008 of the Penal Code, shall be discharged upon the
expiration of a two-year period of control, or when he or she attains
23 years of age, whichever occurs later, unless an order for further
detention has been made by the committing court pursuant to Article
6 (commencing with Section 1800). This section shall not apply to
persons committed to the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, by a juvenile court
prior to July 1, 2012, pursuant to subdivision (b). 
   SEC. 110.    Section 1771 of the   Welfare
and Institutions Code   is amended to read: 
   1771.   (a)    Every person convicted of a
felony and committed to the  authority  
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities,  shall be discharged when  such person
reaches his 25th birthday,   he or she attains 25 years
of age,  unless an order for further detention has been made by
the committing court pursuant to Article 6 (commencing with Section
1800) or unless a petition is filed under Article 5  of this
chapter   (commencing with Section 1780)  . In the
event  such   that  a petition under
Article 5  (commencing with Section 1780)  is filed, the
 authority   division  shall retain control
until the final disposition of the proceeding under Article 5 
(commencing with Section 1780)  . 
                                                   (b)
Notwithstanding subdivision (a), on and after July 1, 2012, every
person committed by a juvenile court to the Department of Corrections
and Rehabilitation, Division of Juvenile Facilities, who is found to
be a person described in Section 602 by reason of the violation of
any of the offenses listed in subdivision (b) or paragraph (2) of
subdivision (d) of Section 707, or subdivision (c) of Section 290.008
of the Penal Code, shall be discharged upon the expiration of a
two-year period of control, or when the person attains 23 years of
age, whichever occurs later, unless an order for further detention
has been made by the committing court pursuant to Article 6
(commencing with Section 1800). This section shall not apply to
persons committed to the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, by a juvenile court
prior to July 1, 2012, pursuant to subdivision (a). 
   SEC. 111.    Section 1800 of the   Welfare
and Institutions Code   is amended to read: 
   1800.  (a) Whenever the Division of Juvenile Facilities determines
that the discharge of a person from the control of the division at
the time required by Section 1766, 1769, 1770,  1770.1,
 or 1771, as applicable, would be physically dangerous to
the public because of the person's mental or physical deficiency,
disorder, or abnormality that causes the person to have serious
difficulty controlling his or her dangerous behavior, the division,
through  its Chief Deputy Secretary for Juvenile Justice
  the Director of the Division of Juvenile Justice 
, shall request the prosecuting attorney to petition the committing
court for an order directing that the person remain subject to the
control of the division beyond that time. The petition shall be filed
at least 90 days before the time of discharge otherwise required.
The petition shall be accompanied by a written statement of the facts
upon which the division bases its opinion that discharge from
control of the division at the time stated would be physically
dangerous to the public, but the petition may not be dismissed and an
order may not be denied merely because of technical defects in the
application.
   (b) The prosecuting attorney shall promptly notify the Division of
Juvenile Facilities of a decision not to file a petition.
   SEC. 112.    Section 1800.5 of the   Welfare
and Institutions Code   is amended to read: 
   1800.5.  Notwithstanding any other provision of law, the Board of
Parole Hearings may request the  Chief Deputy Secretary for
Juvenile Justice   Director of the Division of Juvenile
Justice  to review any case in which the Division of Juvenile
Facilities has not made a request to the prosecuting attorney
pursuant to Section 1800 and the board finds that the ward would be
physically dangerous to the public because of the ward's mental or
physical deficiency, disorder, or abnormality that causes the person
to have serious difficulty controlling his or her dangerous behavior.
Upon the board's request, a mental health professional designated by
the  chief deputy secretary   director 
shall review the case and thereafter may affirm the finding or order
additional assessment of the ward. If, after review, the mental
health designee affirms the initial finding, concludes that a
subsequent assessment does not demonstrate that a ward is subject to
extended detention pursuant to Section 1800, or fails to respond to a
request from the board within the timeframe mandated by this
section, the board thereafter may request the prosecuting attorney to
petition the committing court for an order directing that the person
remain subject to the control of the division pursuant to Section
1800 if the board continues to find that the ward would be physically
dangerous to the public because of the ward's mental or physical
deficiency, disorder, or abnormality that causes the person to have
serious difficulty controlling his or her dangerous behavior. The
board's request to the prosecuting attorney shall be accompanied by a
copy of the ward's file and any documentation upon which the board
bases its opinion, and shall include any documentation of the
division's review and recommendations made pursuant to this section.
Any request for review pursuant to this section shall be submitted to
the  chief deputy secretary   director 
not less than 120 days before the date of final discharge, and the
review shall be completed and transmitted to the board not more than
15 days after the request has been received.
   SEC. 113.    Section 1916 of the   Welfare
and Institutions Code   is amended to read: 
   1916.  (a) The California Voluntary Tattoo Removal Program is
hereby established.
   (b) To the extent that funds are appropriated for this purpose,
the  California Emergency Management Agency  
Board of State and Community Corrections  may administer the
program.
   (c) The program shall be designed to serve individuals between 14
and 24 years of age, who are in the custody of the Department of
Corrections and Rehabilitation or county probation departments, who
are on parole or probation, or who are in a community-based
organization serving at-risk youth.
   (d) The  agency   board  shall award
grants in a competitive manner and on a geographically diverse basis,
serving both northern and southern California.
   (e) The Division of Juvenile Facilities of the Department of
Corrections and Rehabilitation, county probation departments,
community-based organizations, and relevant service providers may
apply for the grants authorized by this section.
   (f) Funds appropriated for purposes of this section shall be
limited to federal funds.
   (g) Tattoo removals shall be performed by licensed clinicians who,
to the extent feasible, provide their services at a discounted rate,
or free of charge.
   (h) Grantees shall serve individuals who have gang-related tattoos
that are visible in a professional environment and who are
recommended for the program by Department of Corrections and
Rehabilitation representatives, parole agents, county probation
officers, community-based organizations, or service providers.
   (i) Individuals who have gang-related tattoos that may be
considered unprofessional and are visible in a professional work
environment, who meet the criteria of subdivision (c), and who meet
any of the following criteria may be eligible for participation in
the program:
   (1) Are actively pursuing secondary or postsecondary education.
   (2) Are seeking employment or participating in workforce training
programs.
   (3) Are scheduled for an upcoming job interview or job placement.
   (4) Are participating in a community or public service activity.
   (j) Use of funding by grantees shall be limited to the following:
   (1) The removal of gang-related tattoos.
   (2) Maintenance or repair of tattoo removal medical devices.
   (3) Contracting with licensed private providers to offer the
tattoo removal service.
   (k) Grantees may also seek additional federal or private funding
to execute the provisions of this section, and use those funds to
supplement funding received through the program.
   (l) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
   SEC. 114.    Section 3050 of the   Welfare
and Institutions Code   is amended to read: 
   3050.   Upon   (a)    
Prior to July 1, 2012, upon  conviction of a defendant of a
misdemeanor or infraction or following revocation of probation
previously granted for a misdemeanor or infraction, whether or not
sentence has been imposed, if it appears to the judge that the
defendant may be addicted or by reason of repeated use of narcotics
may be in imminent danger of becoming addicted to narcotics, such
judge shall adjourn the proceedings or suspend the imposition or
execution of the sentence, certify the defendant to the superior
court and order the district attorney to file a petition for a
commitment of the defendant to the  Director  
Secretary  of  the Department of  Corrections  and
Rehabilitation  for confinement in the narcotic detention,
treatment and rehabilitation facility. 
    Upon 
    (b)     Upon  the filing of such a
petition, the superior court shall order the defendant to be examined
by one physician. At the request of the defendant, the court shall
order the defendant to be examined by a second physician. At least
one day before the time of the examination as fixed by the court
order, a copy of the petition and order for examination shall be
personally delivered to the defendant. A written report of the
examination by the physician or physicians shall be delivered to the
court, and if the report is to the effect that the person is not
addicted nor in imminent danger of addiction, it shall so certify and
return the defendant to the court which certified such defendant to
the superior court for such further proceedings as the judge of such
court deems warranted. If the report is to the effect that the
defendant is addicted or is by reason of the repeated use of
narcotics in imminent danger of addiction, further proceedings shall
be conducted in compliance with Sections 3104, 3105, 3106, and 3107.

    If, 
    (1)     If,  after a hearing, the
judge finds that the defendant is a narcotic addict, or is by reason
of the repeated use of narcotics in imminent danger of becoming
addicted thereto, and is not ineligible for the program under the
application of Section 3052, he or she shall make an order committing
such defendant to the custody of the  Director 
 Secretary  of  the Department of  Corrections 
and Rehabilitation  for confinement in the facility until such
time as he or she is discharged pursuant to Article 5 (commencing
with Section 3200), except as this chapter permits earlier discharge.
If, upon the hearing, the judge shall find that the defendant is not
a narcotic addict and is not in imminent danger of becoming addicted
to narcotics, the judge shall so certify and return the defendant to
the court which certified the defendant to the superior court for
such further proceedings as the judge of the court which certified
the defendant to the superior court deems warranted. 
    If 
    (2)     If  a person committed
pursuant to this section is dissatisfied with the order of
commitment, he or she may within 10 days after the making of such
order, file a written demand for a jury trial in compliance with
Section 3108. 
   (c) Commencing July 1, 2012, no new commitments may be made
pursuant to this section. 
   SEC. 115.    Section 3051 of the   Welfare
and Institutions Code   is amended to read: 
   3051.   Upon   (a)    
Prior to July 1, 2012, upon  conviction of a defendant for a
felony, or following revocation of probation previously granted for a
felony, and upon imposition of sentence, if it appears to the judge
that the defendant may be addicted or by reason of repeated use of
narcotics may be in imminent danger of becoming addicted to narcotics
the judge shall suspend the execution of the sentence and order the
district attorney to file a petition for commitment of the defendant
to the  Director   Secretary  of  the
Department of  Corrections  and Rehabilitation  for
confinement in the narcotic detention, treatment, and rehabilitation
facility unless, in the opinion of the judge, the defendant's record
and probation report indicate such a pattern of criminality that he
or she does not constitute a fit subject for commitment under this
section. 
    Upon 
    (b)     Upon  the filing of the
petition, the court shall order the defendant to be examined by one
physician. However, the examination may be waived by a defendant if
the defendant has been examined in accordance with Section 1203.03 of
the Penal Code and that examination encompassed whether defendant is
addicted or is in imminent danger of addiction, and if the defendant
is represented by counsel and competent to understand the effect of
the waiver. In cases where a physician's report is waived by the
defendant, the Department of Corrections  and Rehabilitation
 may perform an evaluation and provide a report as to the
defendant's addiction or imminent danger of addiction. If the
Department of Corrections  and Rehabilitation  determines
that the defendant is not addicted or in imminent danger of
addiction, the defendant shall be returned to the sentencing court
for resentencing. The examination may also be waived upon stipulation
by the defendant, his or her attorney, the prosecutor, and the court
that the defendant is addicted or is in imminent danger of
addiction. If a physician's report is prepared, at the request of the
defendant, the court shall order the defendant to be examined by a
second physician. At least one day before the time of the examination
as fixed by the court order, a copy of the petition and order for
examination shall be personally delivered to the defendant. A written
report of the examination by the physician or physicians shall be
delivered to the court, and if the report is to the effect that the
person is not addicted nor in imminent danger of addiction, it shall
so certify and return the defendant to the department of the superior
court that directed the filing of the petition for the ordering of
the execution of the sentence. The court may, unless otherwise
prohibited by law, modify the sentence or suspend the imposition of
the sentence. If the report is to the effect that the defendant is
addicted or is by reason of the repeated use of narcotics in imminent
danger of addiction, further proceedings shall be conducted in
compliance with Sections 3104, 3105, 3106, and 3107. 
    If, 
    (1)     If,  after a hearing, the
judge finds that the defendant is a narcotic addict, or is by reason
of the repeated use of narcotics in imminent danger of becoming
addicted to narcotics, the judge shall make an order committing the
person to the custody of the  Director  
Secretary  of  the Department of  Corrections  and
Rehabilitation  for confinement in the facility until a time
that he or she is discharged pursuant to Article 5 (commencing with
Section 3200), except as this chapter permits earlier discharge. If,
upon the hearing, the judge finds that the defendant is not a
narcotic addict and is not in imminent danger of becoming addicted to
narcotics, the judge shall so certify and return the defendant to
the department of the superior court that directed the filing of the
petition for the ordering of execution of sentence. The court may,
unless otherwise prohibited by law, modify the sentence or suspend
the imposition of the sentence. 
    If 
    (2)     If  a person committed
pursuant to this section is dissatisfied with the order of
commitment, he or she may, within 10 days after the making of the
order, file a written demand for a jury trial in compliance with
Section 3108. 
    A 
    (c)     A  psychologist licensed
pursuant to Chapter 6.6 (commencing with Section 2900) of Division 2
of the Business and Professions Code may perform the examination
specified in this section and Section 3050. This section does not
expand the scope of practice of psychologists as set forth in Section
2903 of the Business and Professions Code nor does this section
allow a psychologist to perform any activity that would otherwise
require a physician's and surgeon's license. 
   (d) Commencing July 1, 2012, no new commitments may be made
pursuant to this section. 
   SEC. 116.    Section 3100 of the   Welfare
and Institutions Code   is amended to read: 
   3100.   Anyone   (a)    
Prior to July 1, 2012, anyone  who believes that a person is
addicted to the use of narcotics or by reason of the repeated use of
narcotics is in imminent danger of becoming addicted to their use or
any person who believes himself  or herself  to be addicted
or about to become addicted may report such belief to the district
attorney, under oath, who may, when there is probable cause, petition
the superior court for a commitment of  such  
the  person to the  Director   Secretary
 of  the Department of  Corrections  and
Rehabilitation  for confinement in the narcotic detention,
treatment  ,  and rehabilitation facility. As used in this
article the term "person" includes any person who is released on
probation by any court of this state. 
   (b) Commencing July 1, 2012, no new commitments may be made
pursuant to this section. 
   SEC. 117.    Section 3100.6 of the   Welfare
and Institutions Code   is amended to read: 
   3100.6.   Any   (a)    
Prior to July 1, 2012, any  peace officer or health officer who
has reasonable cause to believe that a person is addicted to the use
of narcotics or by reason of the repeated use of narcotics is in
imminent danger of becoming addicted to their use may take the
person, for his best interest and protection, to the county hospital
or other suitable medical institution designated by the board of
supervisors of the county. 
    Upon 
    (b)    Upon  written application of
the peace officer or health officer, the physician or superintendent
in charge of the designated hospital or institution may admit the
person believed to be addicted to the use of narcotics or in imminent
danger of becoming addicted to their use. The application shall
state the circumstances under which the person's condition was called
to the officer's attention, shall state the date, time, and place of
taking the person into custody and shall state the facts upon which
the officer has reasonable cause to believe that the person is
addicted to the use of narcotics or by reason of the repeated use of
narcotics is in imminent danger of becoming addicted to their use.
The application shall be signed by the officer, and a copy of the
application shall be presented to the person prior to his admittance
to the hospital or institution. 
    Within 
    (c)     Within  24 hours of
admittance, a physician shall conduct an examination to determine
whether the person is addicted to the use of narcotics or by reason
of the repeated use of narcotics is in imminent danger of becoming
addicted to their use and may provide the person with medical aid as
necessary to ease any symptoms of withdrawal from the use of
narcotics. 
    If, 
    (1)     If,  after examination, the
physician does not believe that the person is addicted to the use of
narcotics or by reason of the repeated use of narcotics is in
imminent danger of becoming addicted to their use,  he
  the physician  shall immediately report his 
or her  belief to the physician or superintendent in charge of
the hospital or institution, who shall discharge the person
immediately. 
    If, 
    (2)     If,  after examination, the
physician believes that further examination is necessary to determine
whether the person is addicted to the use of narcotics or by reason
of the repeated use of narcotics is in imminent danger of addiction
to their use,  he   the physician  shall
prepare an affidavit which states that  he   the
physician  has examined the person and has  such
  that  belief. The physician or superintendent in
charge of the hospital or institution thereupon shall have the power
to detain the person for not more than an additional 48 hours for
further examination. 
    If, 
    (3)     If,  after such further
examination, the physician does not believe that the person is
addicted to the use of narcotics or by reason of the repeated use of
narcotics is in imminent danger of becoming addicted to their use,
 he   the physician  shall immediately
report his  or her  belief to the physician or
superintendent in charge of the hospital or institution, who shall
discharge the person immediately. 
    If, 
    (d)     If,  after such examination,
or further examination, the physician believes that the person is
addicted to the use of narcotics or by reason of the repeated use of
narcotics is in imminent danger of becoming addicted to their use,
 he   the physician  shall prepare an
affidavit which states that  he   the physician
 has examined the person and has  such  
that  belief, and which states the time and date of admission to
the hospital or institution and the time and date of the examination
and, if appropriate, the further examination. The physician or
superintendent in charge of the hospital or institution thereupon
shall report such belief to the district attorney, who may petition
the superior court for a commitment of the person to the 
Director   Secretary  of  the Department of
 Corrections  and Rehabilitation  for confinement in
the narcotic detention and rehabilitation facility. 
    Unless 
    (e)     Unless  the petition of the
district attorney, accompanied by the affidavit of the examining
physician, is filed in the superior court within 72 hours after
admittance to the hospital or institution, excluding Saturdays,
Sundays and judicial holidays, the physician or superintendent in
charge shall discharge the person immediately. 
    No 
    (f)     No  evidence of violations of
Sections 11350, 11357, and 11550 of the Health and Safety Code found
during the examination authorized by this section shall be admissible
in any criminal proceeding against the person. 
   (g) Commencing July 1, 2012, no new commitments may be made
pursuant to this section. 
   SEC. 118.    Section 3201 of the   Welfare
and Institutions Code   is amended to read: 
   3201.  (a) Except as otherwise provided in subdivisions (b) and
(c) of this section, if a person committed pursuant to this chapter
has not been discharged from the program prior to expiration of 16
months, the  Director  Secretary of the
Department  of Corrections  and Rehabilitation  shall,
on the expiration of such period, return him or her to the court from
which he or she was committed, which court shall discharge him or
her from the program and order him or her returned to the court in
which criminal proceedings were adjourned, or the imposition of
sentence suspended, prior to his or her commitment or certification
to the superior court.
   (b) Any other provision of this chapter notwithstanding, in any
case in which a person was committed pursuant to Article 3
(commencing with Section 3100), such person shall be discharged no
later than 12 months after his or her commitment.
   (c)  Any   Prior to July 1, 2012, any 
person committed pursuant to Article 2 (commencing with Section
3050), whose execution of sentence in accordance with the provisions
of Section 1170 of the Penal Code was suspended pending a commitment
pursuant to Section 3051, who has spent, pursuant to this chapter, a
period of time in confinement or in custody, excluding any time spent
on outpatient status, equal to that which he or she would have
otherwise spent in state prison had sentence been executed, including
application of good behavior and participation credit provisions of
Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of
Part 3 of the Penal Code, shall, upon reaching such accumulation of
time, be released on parole under the jurisdiction of the 
Narcotic Addict Evaluation Authority   Board of Parole
Hearings  subject to all of the conditions imposed by the
authority and subject to the provisions of Article 1 (commencing with
Section 3000) of Chapter 8 of Title 1 of Part 3 of the Penal Code. A
person on parole who violates the rules, regulations or conditions
imposed by the authority shall be subject to being retaken and
returned to the California Rehabilitation Center as prescribed in
such rules, regulations, or conditions and in accordance with the
provisions of Sections 3151 and 3152. At the termination of this
period of parole supervision or of custody in the California
Rehabilitation Center,  or on July 1, 2013, whichever occurs
sooner,  the person shall be returned by the  Director
  Secretary of the Department  of Corrections 
and Rehabilitation  to the court from which such person was
committed, which court shall discharge him or her from the program
and order him or her returned to the court which suspended execution
of such person's sentence to state prison.  Such 
 However, if the person is serving a term of revocation or is
obtaining substance abuse treatment on July 1, 2013, that person
shall   complete the term or treatment in the California
Rehabilitation Center and shall thereafter be discharged from the
program and the secretary shall order him or her returned to the
court that suspended execution of the person's sentence to state
prison. That  court, notwithstanding any other provision of law,
shall suspend or terminate further proceedings in the interest of
justice, modify the sentence in the same manner as if the commitment
had been recalled pursuant to subdivision (d) of Section 1170 of the
Penal Code, or order execution of the suspended sentence. Upon the
ordering of the execution of such sentence, the term imposed shall be
deemed to have been served in full.
   Except as otherwise provided in the preceding paragraph, or as
otherwise provided in Section 3200, the period of commitment,
including outpatient status, for persons committed pursuant to
Section 3051, which commitment is subsequent to a criminal conviction
for which execution of sentence to state prison is suspended, shall
equal the term imposed under Section 1170 of the Penal Code,
notwithstanding good time and participation credit provisions of
Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of
Part 3 of such code.  Upon   Prior to July 1,
2012, upon  reaching such period of time, such person shall be
released on parole under the jurisdiction of the  Narcotic
Addict Evaluation Authority   Board of Parole Hearings
 subject to all of the conditions imposed by the authority and
subject to the provisions of Article 1 (commencing with Section 3000)
of Chapter 8 of Title 1 of Part 3 of the Penal Code. A person on
parole who violates the rules, regulations, or conditions imposed by
the authority shall be subject to being retaken and returned to the
California Rehabilitation Center as prescribed in such rules,
regulations, or conditions and in accordance with the provisions of
Sections 3151 and 3152. At the termination of this period of parole
supervision or of custody in
  the California Rehabilitation Center  or on July 1, 2013,
whichever occurs sooner,  the person shall be returned by the
 Director   Secretary of the Department  of
Corrections  and Rehabilitation  to the court from which he
or she was committed, which court shall discharge such person from
the program and order him or her returned to the court which
suspended execution of the person's sentence to state prison.
 Such   However, if the person is serving a term
of revocation or is obtaining substance abuse treatment on July 1,
2013, that person shall complete the term or treatment in the
California Rehabilitation Center and shall thereafter be discharged
from the program and the secretary shall order him or her returned to
the court that suspended ex   ecution of the person's
sentence to state prison. That  court, notwithstanding any other
provision of law, shall suspend or terminate further proceedings in
the interest of justice, modify the sentence in the same manner as if
the commitment had been recalled pursuant to subdivision (d) of
Section 1170 of the Penal Code, or order execution of the suspended
sentence. Upon the ordering of the execution of such sentence, the
term imposed shall be deemed to have been served in full.
   Nothing in this section shall preclude a person who has been
discharged from the program from being recommitted under the program
 prior to July 1, 2012  , irrespective of the periods of
time of any previous commitments. 
   (d) Beginning July 1, 2012, no person committed pursuant to
Article 2 (commencing with Section 3050) or persons committed
pursuant to Section 3501 and discharged from the California
Rehabilitation Center shall be placed on a period of parole.
Following discharge from the California Rehabilitation Center, the
person shall be returned by the Secretary of the Department of
Corrections and Rehabilitation to the court from which he or she was
committed, which court shall discharge the person from the program
and order him or her returned to the court that suspended execution
of the person's sentence to state prison.  
   (e) Beginning July 1, 2013, any person on parole pursuant to this
section that is not serving a term of revocation or in custody of the
Department of Corrections and Rehabilitation shall be discharged
from parole and ordered to return to the court that suspended
execution of the person's sentence for further proceedings consistent
with this section. 
   SEC. 119.    Section 3202 is added to the  
Welfare and Institutions Code   , to read:  
   3202.  This chapter shall become inoperative on April 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. 120.    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. 121.    The sum of one thousand dollars ($1,000)
is hereby appropriated from the General Fund to the Department of
Corrections and Rehabilitation for administration. 
   SEC. 122.    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.  
  SECTION 1.    It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2012.