BILL NUMBER: AB 1481 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 21, 2012
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 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 631 and 631.3 of
the Code of Civil Procedure, and to amend Sections 607, 1719, 1719.5,
1769, and 1771 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. Public safety.
Existing law requires each party demanding a jury trial to deposit
advance jury fees in the amount of $150 with the clerk or judge.
Existing law requires 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.
This bill would instead require that at least one party demanding
a jury on each side of a civil case pay a nonrefundable fee of $150,
unless the fee has been paid by another party on the same side of the
case. The bill would make that fee due on or before the date
scheduled for the initial case management conference in the action,
except in specified circumstances. The bill would make related and
conforming changes to those provisions.
Existing law authorizes the juvenile court to retain jurisdiction
over a ward of the court, until the ward attains 21 years of age,
except in certain circumstances. Existing law further authorizes the
court to retain jurisdiction over a ward who has committed specified
serious offenses or other offenses requiring registration as a sex
offender, until age 25, if committed to the Department of Corrections
and Rehabilitation, Division of Juvenile Facilities, or to a state
hospital or mental health facility. Existing law also requires, on
and after July 1, 2012, every person committed by the juvenile court
to the Department of Corrections and Rehabilitation, Division of
Juvenile Facilities, by reason of committing specified offenses, to
be discharged after a 2-year period of control, or when that person
reaches 23 years of age, whichever occurs later, except as specified.
This bill would remove specified offenses requiring registration
as a sex offender from those provisions that allow the court, in
certain circumstances, to retain jurisdiction over a ward until that
person attains either 25 years of age or 23 years of age. The bill
would state that these changes apply retroactively.
Existing law authorizes the Department of Corrections and
Rehabilitation to develop and implement a system of graduated
sanctions for wards that distinguishes between minor, intermediate,
and serious misconduct. Existing law further requires the department
to promulgate regulations to implement a table of sanctions to be
used in determining discharge consideration date extensions. Existing
law also authorizes the department to extend a ward's discharge
consideration date, subject to appeal, 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 previous case history and circumstances of the
misconduct.
This bill would delete the above provision requiring the
department to promulgate regulations to implement a table of
sanctions, in certain circumstances. The bill would also revise the
above provision regarding a ward's discharge to instead prohibit the
department from extending a ward's discharge consideration date for
incidents occurring after September 1, 2012.
The bill would appropriate $1,000 from the General Fund to the
Department of Corrections and Rehabilitation for administration.
This bill would declare that it is to take effect immediately as a
bill providing for appropriations related to the Budget Bill.
(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.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 (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 shall be one hundred fifty dollars ($150) for each party.
(b) At least one party demanding a jury on each side of a civil
case shall pay a nonrefundable fee of one hundred fifty dollars
($150), unless the fee has been paid by another party on the same
side of the case. The fee shall offset the costs to the state of
providing juries in civil cases. If there are more than two parties
to the case, for purposes of this section only, all plaintiffs shall
be considered one side of the case, and all other parties shall be
considered the other side of the case. Payment of the fee by a party
on one side of the case shall not relieve parties on the other side
of the case from waiver pursuant to subdivision (f).
(c) The advance jury fee deposit shall be made
fee described in subdivision (b) shall be due on or before
the date scheduled for the initial case management conference in the
action . If , except as follows:
(1) In unlawful detainer actions, the fees shall be due at least
five days before the date set for trial.
(2) If no case management
conference is scheduled in a civil action, the advance jury
deposit shall be made or the initial case management
conference occurred before June 28, 2012, and the initial complaint
was filed on or after July 1, 2011, the fee shall be due no
later than 365 calendar days after the filing of the initial
complaint. If
(3) If the initial case management conference occurred before June
28, 2012, and the initial complaint in the case was filed before
July 1, 2011, the fee shall be due at least 25 calendar days before
the date initially set for trial.
(4) If the party requesting
a jury has not appeared before the initial case management
conference , or has first
appeared more than 365 calendar days after the filing of the initial
complaint, the deposit shall be made as provided in
subdivision (d) fee shall be due at least 25 calendar
days before the date initially set for trial .
(d) Except as otherwise provided If a
party failed to timely pay the fee described in subdivision
(c), the deposit (b) that was due between
June 27, 2012, and November 30, 2012, the party will be relieved
of advance jury fees shall be made at least
a jury waiver on that basis only if the party pays the fee on or
before December 31, 2012, or 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 whichever is earlier .
(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.
(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 timely pay
the clerk, or judge, advance jury fees as provided
fee described in subdivision (c) or
(d), as applicable (b), unless another party on the
same side of the case has paid that fee .
(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 (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
fee described in subdivision (b) 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 fee is paid to 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. 2. Section 631.3 of t he
Code of Civil Procedure is amended to read:
631.3. (a) Notwithstanding any other 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 any of these reasons, 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.
(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 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 The fee described in subdivision
(b) of Section 631 shall be nonrefundable and is not
subject to this section .
SEC. 3. 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 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) of Section 707, or subdivision (c) of
Section 290.008 of the Penal Code, until that person
attains 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) 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 attains 25 years of age, unless
the court 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).
(g) The amendments to this section made by the act adding this
subdivision shall apply retroactively.
SEC. 4. Section 1719 of the Welfare and
Institutions Code , as amended by Section 94
of Chapter 41 of the Statutes of 2012, 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. 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 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. 5. Section 1719 of the Welfare and
Institutions Code , as amended by Section 95 of
Chapter 41 of the Statutes of 2012, 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. 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 any time acquired for disciplinary matters.
(e) This section shall become operative on January 1, 2013.
SEC. 6. 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 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 for incidents
occurring after September 1, 2012 . 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 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. 7. Section 1769 of the Welfare and
Institutions Code is amended to read:
1769. (a) Every person committed to the 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 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 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) 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 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).
(d) The amendments to this section made by the act adding this
subdivision shall apply retroactively.
SEC. 8. Section 1771 of the Welfare and
Institutions Code is amended to read:
1771. (a) Every person convicted of a felony and committed to the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities, shall be discharged when 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 (commencing with
Section 1780). In the event that a petition under Article 5
(commencing with Section 1780) is filed, the 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).
(c) The amendments to this section made by the act adding this
subdivision shall apply retroactively.
SEC. 9. 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. 10. 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. All matter
omitted in this version of the bill appears in the bill as amended in
the Senate, June 25, 2012. (JR11)