Amended in Senate June 12, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 81

Introduced by Committee on Budget (Blumenfield (Chair), Bloom, Bonilla, begin insert Campos, end insert Chesbro, Daly, Dickinson, Gordon, Jones-Sawyer, Mitchell, Mullin, Muratsuchi, Nazarian, begin delete Rendon end delete begin insert Skinner end insert , Stone, and Ting)

January 10, 2013

begin delete An act relating to the Budget Act of 2013. end delete begin insert An act to amend Sections 29552, 30027.9, 30061, and 30070 of the Government Code, to amend Sections 1170, 1203.2, 3000.08, 3003, 3451, and 13821 of, to amend and repeal Section 326.3 of, and to add Sections 4019.1 and 5003.2 to, the Penal Code, and to amend Sections 1955, 1984, 18220, and 18220.1 of the Welfare and Institutions Code, relating to public safety, and making an appropriation therefor, to take effect immediately, bill related to the budget. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 81, as amended, Committee on Budget. begin delete Budget Act of 2013. end delete begin insert Public safety. end insert

begin insert

(1) Existing law establishes in the State Treasury the Local Revenue Fund 2011, a continuously appropriated fund, and requires that its funds be allocated exclusively for public safety services, as defined. Existing law further establishes the Law Enforcement Services Account within that fund, and creates the Enhancing Law Enforcement Activities Subaccount and the Juvenile Justice Subaccount within the Law Enforcement Services Account.

end insert begin insert

Existing law, commencing with the 2012-13 fiscal year, allocates specified funds from the Enhancing Law Enforcement Activities Subaccount to local governments, including to cities and counties that charge fees to a city, special district, community college district, college, or university for the booking or detention of a person arrested and brought to a detention facility of the city or county, as specified. Existing law also allocates certain percentages of the moneys deposited in the subaccount as follows: 3.78% to county sheriffs’ departments to enhance law enforcement efforts in specified counties; 8.35% for use by the California Multi-Jurisdictional Methamphetamine Enforcement Teams, Multi-Agency Gang Enforcement Consortium, Sexual Assault Felony Enforcement Teams, High Technology Theft Apprehension and Prosecution Program, Gang Violence Suppression Program, and the Central Valley and Central Coast Rural Crime Prevention Programs, as specified; 30.99% to specified counties to serve children who are habitual truants, runaways, at risk of being wards of the court, or under juvenile court supervision or supervision of the probation department, as prescribed; and 6.01% to counties that operate juvenile camps and ranches, based on the number of beds in each camp.

end insert begin insert

Existing law requires each county to establish in the county treasury a Supplemental Law Enforcement Services Account for the receipt of all amounts allocated to a county for specified local law enforcement purposes, including jail construction and operation, criminal prosecution, and juvenile justice plans. Existing law requires the Controller to allocate funds to local jurisdictions for these purposes as annually calculated by the Director of Finance.

end insert begin insert

Existing law establishes the Youthful Offender Block Grant Special Account in the Juvenile Justice Subaccount, and requires that allocations from that account be used to enhance the capacity of county departments to provide appropriate rehabilitative and supervision services to youthful offenders. Existing law requires that these funds be allocated in 4 equal installments, to be paid in September, December, March, and June, pursuant to a specified formula.

end insert begin insert

Existing law establishes the Juvenile Reentry Grant Special Account in the Juvenile Justice Subaccount and requires that its funds be allocated for the purpose of providing for the local supervision of persons discharged from the custody of the Division of Juvenile Facilities. Existing law requires that the amount allocated to each county probation department from that account be distributed in 2 equal payments to be paid on October 30 and May 30 of each fiscal year pursuant to specified criteria.

end insert begin insert

This bill would require the Controller to allocate funds from the above-described accounts for those same purposes and in the same amounts, but would require that the allocations be made in monthly installments.

end insert begin insert

(2) Existing law establishes the Law Enforcement Services Growth Subaccount within the Local Revenue Fund 2011 in the State Treasury. Existing law requires the Controller, in the 2012-13 fiscal year, to allocate funds from the Law Enforcement Services Growth Subaccount to specified accounts relating to criminal justice.

end insert begin insert

This bill would instead require the Controller to make those allocations commencing with the 2012-13 fiscal year.

end insert begin insert

(3) The California Constitution allows the Legislature, by statute, to authorize cities and counties to provide for bingo games for charitable purposes. Existing law authorizes cities and counties to permit eligible nonprofit organizations to conduct bingo games and remote caller bingo games, as defined, for charitable purposes pursuant to an ordinance that allows those games to be conducted in accordance with specified requirements. Existing law requires the California Gambling Control Commission to regulate remote caller bingo, including licensure and operation. Existing law requires any person who conducts a remote caller bingo game to be licensed. Existing law requires the commission to approve all equipment used for remote caller bingo in advance, to monitor operation of the transmission and other equipment used for remote caller bingo, and to monitor the game. Existing law requires the Department of Justice to conduct background investigations and conduct field enforcement as it relates to remote caller bingo consistent with existing law and as specified in regulations promulgated by the commission.

end insert begin insert

Existing law and the Governor’s Reorganization Plan No. 2 of 2012 (GRP 2), effective on July 3, 2012, and operative on July 1, 2013, consolidates the support, investigatory, auditing, and compliance functions of the California Gambling Control Commission and transfers these duties to the Department of Justice. The commission retains jurisdiction over the licensing, policies, regulations, criteria, and standards pertaining to gaming.

end insert begin insert

This bill would additionally require the licensure of any person who contracts to conduct remote caller bingo on behalf of an authorized organization or who is identified as having fiduciary responsibility of the game. The bill would establish an annual licensing fee in an amount determined by the department, not to exceed the reasonable regulatory costs to the department and in accordance with regulations adopted by the department. The bill would require that prior to the adoption of regulations, the nonrefundable license fee would be the amount of the reasonable regulatory costs to the department not to exceed $3,000, for any person or entity that directly or indirectly manufactures, distributes, supplies, vends, leases, or otherwise provides supplies, devices, services, or other equipment designed for use in the playing of a remote caller bingo game by any nonprofit organization. The bill would require the department to conduct any background investigation related to remote caller bingo in accordance with existing law and as specified in regulations promulgated by the commission or the department.

end insert begin insert

This bill would reallocate additional functions among the commission and the department with regard to remote caller bingo. The bill would require a remote caller bingo site, for each participating remote caller bingo site, to notify the department and local law enforcement of its intent to conduct a game, rather than the commission. The bill would require all equipment used for remote caller bingo to be certified as compliant with specified regulations by a manufacturing expert recognized by the department. The bill would require equipment certifications to be submitted to the department prior to the equipment’s use. The bill would also authorize the department, rather than the commission, to monitor the operation of the transmission and other equipment used for remote caller bingo, and to monitor the game. The bill would transfer the auditing functions of the commission to the department, as those functions relate to remote caller bingo. The bill would also make various technical, nonsubstantive conforming changes to further reflect GRP 2.

end insert begin insert

Existing law authorizes certain loans from the Gambling Control Fund to the California Bingo Fund to fund operating, personnel, and other startup costs incurred by the commission related to remote caller bingo. Existing law requires these loans to be repaid no later than 5 years after the date of the loan. Existing law requires that funds from the California Bingo Fund be available to the commission upon appropriation by the Legislature in the annual Budget Act. Existing law also authorizes the commission to assess and collect reasonable fees and deposits as necessary to defray the costs of regulation and oversight.

end insert begin insert

This bill would require the previously described loans to the California Bingo Fund to be repaid by July 1, 2019. The bill would require funds from the California Bingo Fund be available to both the commission and the department upon appropriation by the Legislature in the annual Budget Act. The bill would additionally authorize the department to assess and collect reasonable fees and deposits to defray the costs of regulation and oversight.

end insert begin insert

This bill would make these provisions inoperative on July 1, 2016, and would repeal the remote caller bingo program as of January 1, 2017.

end insert begin insert

(4) Existing law defines a felony as a crime that is punishable by death, imprisonment in the state prison, or imprisonment in a county jail for a term greater than one year, as specified. Existing law also provides exceptions to imprisonment in a county jail for a variety of felonies, including serious or violent felonies and any felony for which registration as a sex offender is required, among other exceptions.

end insert begin insert

Existing law provides that, when a court commits a person to county jail for a felony, the portion of a defendant’s sentenced term during which time he or she is supervised by the county probation officer is known as mandatory supervision.

end insert begin insert

This bill would specify that mandatory supervision begins upon release from custody. By increasing the duties of county probation officers, the bill would impose a state-mandated local program.

end insert begin insert

(5) Existing law generally requires that all persons released from prison on and after October 1, 2011, after serving a prison term for a felony, be subject to postrelease community supervision provided by a county agency for a period of 3 years immediately following release, except for persons released after serving a term for a serious felony, a violent felony, an offense for which the person was sentenced pursuant to the “Three Strikes” law, a crime where the person is classified as a high-risk sex offender, or a crime where the person is required to undergo treatment by the State Department of State Hospitals because the person has a severe mental disorder. Existing law requires these persons to be subject to parole supervision by the Department of Corrections and Rehabilitation following release from state prison and the jurisdiction of the court in the county in which the parolee is released or resides for the purpose of hearing petitions to revoke parole and impose a term of custody.

end insert begin insert

This bill would require persons subject to parole supervision to additionally be subject to the jurisdiction of the court in the county in which the alleged violation of supervision occurred for the purpose of hearing petitions to revoke parole and impose a term of custody. The bill would make conforming changes.

end insert begin insert

This bill would also require a person released to parole to remain on parole after having served 60 days on parole, regardless of a subsequent determination that the person should have been released to postrelease community supervision. The bill would likewise require a person released to postrelease community supervision to remain on postrelease community supervision after having served 60 days on postrelease community supervision, regardless of a subsequent determination that the person should have been released to parole.

end insert begin insert

By requiring county agencies to supervise persons on postrelease community supervision who should have been released to parole, this bill would impose a state-mandated local program.

end insert begin insert

(6) Existing law provides for postrelease community supervision by county officials for persons convicted of certain specified felonies upon release from the state prison or a county jail. Existing law requires the Department of Corrections and Rehabilitation to release prescribed information to local law enforcement agencies regarding a paroled inmate or inmate placed on postrelease supervision, including the inmate’s name, contact information, description, and the offense or offenses for which the inmate was incarcerated.

end insert begin insert

This bill would require the department to electronically transmit to the county agency responsible for postrelease community supervision the inmate’s tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the purpose of identifying the medical and mental health needs of the individual. The bill would require the information to be transferred in conformity with specified federal laws, including the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). Operation of the bill would be conditional on the Secretary of the United States Department of Health and Human Services, or his or her designee, determining that this provision is not preempted by HIPAA.

end insert begin insert

(7) Under existing law, when a prisoner is confined to county jail, an industrial farm, or a road camp, for each 4-day period in which he or she is confined, he or she may have one day or 2 days deducted from his or her period of confinement, as specified. Existing law allows any inmate sentenced to a county jail assigned to a conservation camp by a sheriff and who is eligible to earn one day of credit for every one day of incarceration to earn 2 days of credit for every one day of service. Existing law allows any inmate who has completed training for assignment to a conservation camp or to a state or county facility as an inmate firefighter or who is assigned to a county or state correctional institution as an inmate firefighter and who is eligible to earn one day of credit for every one day of incarceration to instead earn 2 days of credit for every one day served in that assignment or after completing that training.

end insert begin insert

This bill would instead allow the sheriff or county director of corrections to award one and a half days credit for every day of incarceration to any inmate sentenced to the county jail who participates in an in custody work or job training program other than those specified above.

end insert begin insert

(8) Existing law establishes the Department of Corrections and Rehabilitation, which has jurisdiction over state prisons and parole of offenders released from state prisons.

end insert begin insert

This bill would require, except in prescribed emergencies, the Secretary of the Department of Corrections and Rehabilitation, or his or her designee, to provide written notification to any county impacted by the opening, closure, or change of location of any reception center that accepts prisoners from county facilities or a parole office and would require this notice to be sent to the California State Association of Counties, the California State Sheriffs’ Association, and the Chief Probation Officers of California.

end insert begin insert

(9) 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.

end insert begin insert

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.

end insert begin insert

(10) The bill would appropriate $2,000 from the California Bingo Fund to the Gambling Control Commission for the purpose of supporting workload associated with the licensing of remote caller bingo vendors, as provided.

end insert begin insert

(11) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

end insert begin delete

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2013.

end delete

Vote: majority. Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 29552 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

29552.  

(a) (1) Commencing with the 2007-08 fiscal year, all
counties and cities and counties that charged fees pursuant to
Section 29550 and cities with Type One detention facilities that
charged fees pursuant to Section 29550.3 during the 2006-07 fiscal
year may apply to the Controller to receive funding provided
pursuant to subdivision (b) that is equal to the fee revenue received
by the county, city and county, or city during the 2006-07 fiscal
year, to the extent that funding is appropriated therefore in the
annual budget act or other appropriation legislation. If insufficient
funds are appropriated to equal the full amount of fees received
in the 2006-07 fiscal year, each county, city and county and city
that applies for funding shall receive a share of the appropriated
funds proportionate to the share of fees it received in the 2006-07
fiscal year compared to the statewide total reported to the
Controller.

(2) The remaining portion of any amount appropriated for
purposes of this section shall be paid proportionally to all counties,
cities and counties, and cities based on the number of bookings
within each county during the year previous to the current payment.

(b) Commencing with the 2011-12 fiscal year, payments
authorized by this section shall be fully funded from the Local
Law Enforcement Services Account in the Local Revenue Fund
2011. The Controller shall allocate thirty-five million dollars
($35,000,000) of the moneys annually deposited in the Local Law
Enforcement Services Account in the Local Revenue Fund 2011
for purposes of these payments.

(c) Commencing with the 2012-13 fiscal year, the Controller
shall allocate funds from the Enhancing Law Enforcement
Activities Subaccount as follows:

 

Alameda County	$2,319,980
Amador County	$21,403
City of Baldwin Park	$4,539
Butte County	$113,887
Calaveras County	$8,559
Colusa County	$7,017
Contra Costa County	$1,897,056
Del Norte County	$37,501
El Dorado County	$89,793
City of Fremont	$250,268
Fresno County	$1,409,727
Glenn County	$47,036
City of Hayward	$11,098
Humboldt County	$384,311
Inyo County	$3,522
Kern County	$732,680
Kings County	$120,140
Lake County	$84,030
Lassen County	$24,041
Los Angeles County	$676,989
Madera County	$124,054
Marin County	$222,060
Mendocino County	$138,730
Merced County	$219,669
Modoc County	$3,244
Monterey County	$613,463
City of Monterey	$4,880
Napa County	$107,578
Nevada County	$94,239
City of Palm Springs	$45,986
Placer County	$464,844
City of Pomona	$73,757
Riverside County	$3,413,483
Sacramento County	$2,247,151
San Benito County	$32,312
San Bernardino County	$2,758,057
San Diego County	$5,818,271
San Joaquin County	$796,780
San Luis Obispo County	$456,312
San Mateo County	$758,641
Santa Barbara County	$502,813
Santa Clara County	$3,165,148
Santa Cruz County	$585,814
Shasta County	$257,005
Siskiyou County	$48,850
Solano County	$848,012
Sonoma County	$791,066
Stanislaus County	$832,424
Sutter County	$64,179
Tehama County	$50,421
Tulare County	$829,642
Tuolumne County	$32,612
Yolo County	$310,820
Yuba County	$44,106

 

begin insert

(d) Commencing with the 2013-14 fiscal year, the Controller
shall allocate funds from the Enhancing Law Enforcement
Activities Subaccount in monthly installments. The annual payments
to be made to each jurisdiction are as follows:

end insert begin insert

 

begin insert Alameda County end insert	begin insert $2,319,980 end insert
begin insert Amador County end insert	begin insert $21,403 end insert
begin insert City of Baldwin Park end insert	begin insert $4,539 end insert
begin insert Butte County end insert	begin insert $113,887 end insert
begin insert Calaveras County end insert	begin insert $8,559 end insert
begin insert Colusa County end insert	begin insert $7,017 end insert
begin insert Contra Costa County end insert	begin insert $1,897,056 end insert
begin insert Del Norte County end insert	begin insert $37,501 end insert
begin insert El Dorado County end insert	begin insert $89,793 end insert
begin insert City of Fremont end insert	begin insert $250,268 end insert
begin insert Fresno County end insert	begin insert $1,409,727 end insert
begin insert Glenn County end insert	begin insert $47,036 end insert
begin insert City of Hayward end insert	begin insert $11,098 end insert
begin insert Humboldt County end insert	begin insert $384,311 end insert
begin insert Inyo County end insert	begin insert $3,522 end insert
begin insert Kern County end insert	begin insert $732,680 end insert
begin insert Kings County end insert	begin insert $120,140 end insert
begin insert Lake County end insert	begin insert $84,030 end insert
begin insert Lassen County end insert	begin insert $24,041 end insert
begin insert Los Angeles County end insert	begin insert $676,989 end insert
begin insert Madera County end insert	begin insert $124,054 end insert
begin insert Marin County end insert	begin insert $222,060 end insert
begin insert Mendocino County end insert	begin insert $138,730 end insert
begin insert Merced County end insert	begin insert $219,669 end insert
begin insert Modoc County end insert	begin insert $3,244 end insert
begin insert Monterey County end insert	begin insert $613,463 end insert
begin insert City of Monterey end insert	begin insert $4,880 end insert
begin insert Napa County end insert	begin insert $107,578 end insert
begin insert Nevada County end insert	begin insert $94,239 end insert
begin insert City of Palm Springs end insert	begin insert $45,986 end insert
begin insert Placer County end insert	begin insert $464,844 end insert
begin insert City of Pomona end insert	begin insert $73,757 end insert
begin insert Riverside County end insert	begin insert $3,413,483 end insert
begin insert Sacramento County end insert	begin insert $2,247,151 end insert
begin insert San Benito County end insert	begin insert $32,312 end insert
begin insert San Bernardino County end insert	begin insert $2,758,057 end insert
begin insert San Diego County end insert	begin insert $5,818,271 end insert
begin insert San Joaquin County end insert	begin insert $796,780 end insert
begin insert San Luis Obispo County end insert	begin insert $456,312 end insert
begin insert San Mateo County end insert	begin insert $758,641 end insert
begin insert Santa Barbara County end insert	begin insert $502,813 end insert
begin insert Santa Clara County end insert	begin insert $3,165,148 end insert
begin insert Santa Cruz County end insert	begin insert $585,814 end insert
begin insert Shasta County end insert	begin insert $257,005 end insert
begin insert Siskiyou County end insert	begin insert $48,850 end insert
begin insert Solano County end insert	begin insert $848,012 end insert
begin insert Sonoma County end insert	begin insert $791,066 end insert
begin insert Stanislaus County end insert	begin insert $832,424 end insert
begin insert Sutter County end insert	begin insert $64,179 end insert
begin insert Tehama County end insert	begin insert $50,421 end insert
begin insert Tulare County end insert	begin insert $829,642 end insert
begin insert Tuolumne County end insert	begin insert $32,612 end insert
begin insert Yolo County end insert	begin insert $310,820 end insert
begin insert Yuba County end insert	begin insert $44,106 end insert

 

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 30027.9 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

30027.9.  

(a) (1) For the 2012-13 fiscal year, from the Sales
and Use Tax Growth Account, the Controller shall allocate 65
percent to the Support Services Growth Subaccount and 35 percent
to the Law Enforcement Services Growth Subaccount.

(2) For the 2013-14 fiscal year, from the Sales and Use Tax
Growth Account, the Controller shall first allocate to the Support
Services Account and the Law Enforcement Services Account the
amounts necessary to provide full base funding or the appropriate
level of funding as described in this section. If there are insufficient
moneys to fully fund the accounts, the available funds shall be
distributed in the same proportions as the two accounts received
from the Local Revenue Fund 2011 in the 2013-14 fiscal year. If
there are funds remaining after base funding has been restored,
the Controller shall allocate 65 percent of those remaining funds
to the Support Services Growth Subaccount and 35 percent to the
Law Enforcement Services Growth Subaccount.

(A) The amount necessary to provide the appropriate level of
funding for the Law Enforcement Services Account shall be the
sum of the following:

(i) The greater of the amounts that either the predecessor of the
Trial Court Security Subaccount received in the 2011-12 fiscal
year, or the total amount the Trial Court Security Subaccount and
the Trial Court Security Growth Special Account received in the
2012-13 fiscal year.

(ii) The greater of the amounts that either the predecessor of the
Juvenile Justice Subaccount received in the 2011-12 fiscal year,
or the total amount the Juvenile Justice Subaccount and the Juvenile
Justice Growth Special Account received in the 2012-13 fiscal
year.

(iii) The maximum amount authorized to be allocated pursuant
to paragraph (2) of subdivision (e) of Section 30027.5 to the
Community Corrections Subaccount.

(iv) The maximum amount authorized to be allocated pursuant
to paragraph (3) of subdivision (e) of Section 30027.5 to the
District Attorney and Public Defender Subaccount.

(B) The amount necessary to provide full base funding for the
Support Services Account shall be the sum of the following:

(i) The maximum amount authorized to be allocated pursuant
to paragraph (1) of subdivision (f) of Section 30027.5 to the
Behavioral Health Subaccount.

(ii) The maximum amount authorized to be allocated pursuant
to paragraph (2) of subdivision (f) of Section 30027.5 to the
Protective Services Subaccount.

(3) For the 2014-15 fiscal year, from the Sales and Use Tax
Growth Account, the Controller shall first allocate to the Support
Services Account and the Law Enforcement Services Account the
amounts necessary to provide full base funding or the appropriate
level of funding as described in this section. If there are insufficient
moneys to fully fund the accounts, the available funds shall be
distributed in the same proportions as the two accounts received
from the Local Revenue Fund 2011 in the 2014-15 fiscal year. If
there are funds remaining after base funding has been restored,
the Controller shall allocate 65 percent of the remaining funds to
the Support Services Growth Subaccount and 35 percent to the
Law Enforcement Services Growth Subaccount.

(A) The amount necessary to provide the appropriate level of
funding for the Law Enforcement Services Account shall be the
sum of the following:

(i) The greater of either the total amount received by the Trial
Court Security Subaccount and the Trial Court Security Growth
Special Account in a single fiscal year beginning with the 2012-13
fiscal year or the amount the applicable predecessor account
received in the 2011-12 fiscal year.

(ii) The greater of either the total amount received by the
Juvenile Justice Subaccount and the Juvenile Justice Growth
Special Account in a single fiscal year beginning with the 2012-13
fiscal year or the amount the applicable predecessor account
received in the 2011-12 fiscal year.

(iii) The greatest amount received by the Community
Corrections Subaccount in a single year beginning with the
2012-13 fiscal year.

(iv) The greatest amount received by the District Attorney and
Public Defender Subaccount in a single year beginning with the
2012-13 fiscal year.

(B) The amount necessary to provide full funding for the Support
Services Account shall be the sum of the following:

(i) The greater of either the maximum amount that could be
allocated pursuant to paragraph (1) of subdivision (f) of Section
30027.5 or the largest combined total amounts actually received
by the Behavioral Health Subaccount and the Behavioral Health
Services Growth Special Account in any single year beginning
with the 2012-13 fiscal year.

(ii) The greater of either the maximum amount that was allocated
pursuant to paragraph (2) of subdivision (f) of Section 30027.5,
or the amount that was allocated pursuant to paragraph (2) of
subdivision (f) of Section 30027.6, to the Protective Services
Subaccount.

(4) For the 2015-16 fiscal year, and for each subsequent fiscal
year, from the Sales and Use Tax Growth Account, the Controller
shall first allocate to the Support Services Account and the Law
Enforcement Services Account the amounts necessary to provide
full base funding as described in this section. If there are
insufficient moneys to fully fund the accounts, the available funds
shall be distributed in the same proportions as the two accounts
received funding from the Local Revenue Fund 2011 in that fiscal
year. If there are funds remaining after base funding has been
restored, the Controller shall allocate 65 percent of the remaining
funds to the Support Services Growth Subaccount and 35 percent
to the Law Enforcement Services Growth Subaccount.

(A) The amount necessary to provide full base funding for the
Law Enforcement Services Account shall be the sum of the
following:

(i) The greater of either the total combined amount received by
the Trial Court Security Subaccount and the Trial Court Security
Growth Special Account in any single fiscal year beginning with
the 2012-13 fiscal year or the amount the applicable predecessor
account received in 2011-12.

(ii) The greater of either the total combined amount received
by the Juvenile Justice Subaccount and the Juvenile Justice Growth
Special Account in any single fiscal year beginning with the
2012-13 fiscal year or the amount the applicable predecessor
account received in 2011-12.

(iii) The greater of either the total combined amount received
by the Community Corrections Subaccount and the Community
Corrections Growth Special Account in any single fiscal year
beginning with the 2014-15 fiscal year, or the highest amount the
Community Corrections Subaccount or its predecessor was
authorized to receive in any single fiscal year beginning with the
2012-13 fiscal year.

(iv) The greater of either the total combined amount received
by the District Attorney and Public Defender Subaccount and the
District Attorney and Public Defender Growth Special Account
in any single fiscal year beginning with the 2014-15 fiscal year,
or the highest amount the District Attorney and Public Defender
Subaccount or its predecessor was authorized to receive in any
single fiscal year beginning with the 2012-13 fiscal year.

(B) The amount necessary to provide full base funding for the
Support Services Account shall be the sum of the following:

(i) The greater of either the maximum amount that was allocated
pursuant to paragraph (1) of subdivision (f) of Section 30027.5,
or the highest combined total amounts received by the Behavioral
Health Subaccount and the Behavioral Health Services Growth
Special Account, in any single fiscal year beginning with the
2012-13 fiscal year.

(ii) The greatest of the following: the maximum amount that
was allocated pursuant to paragraph (2) of subdivision (f) of
Section 30027.5; the amount that was allocated pursuant to
paragraph (2) of subdivision (f) of Section 30027.6 for the
Protective Services Subaccount; or the highest combined total
amount received by the Protective Services Subaccount and the
Protective Services Growth Special Account in any single fiscal
year beginning with the 2012-13 fiscal year.

(b) (1)  begin delete In end delete begin insert Commencing with end insert the 2012-13 fiscal year, the
Controller shall allocate funds from the Law Enforcement Services
Growth Subaccount as follows:

(A) Ten percent to the Trial Court Security Growth Special
Account.

(B) Five percent to the District Attorney and Public Defender
Growth Special Account.

(C) Ten percent to the Juvenile Justice Growth Special Account.

(D) Seventy-five percent to the Community Corrections Growth
Special Account.

(2) The total allocations to the Trial Court Security Growth
Special Account and the Juvenile Justice Growth Special Account
shall be included in the year to which the growth is attributable
when determining the base funding level for the Trial Court
Security Subaccount and the Juvenile Justice Subaccount
respectively, beginning in the 2013-14 fiscal year. The total
allocations to the District Attorney and Public Defender Growth
Special Account and the Community Corrections Growth Special
Account shall be included in the year to which the growth is
attributable when determining the base allocation for the respective
subaccounts of those accounts beginning in the 2015-16 fiscal
year.

(c) In the 2012-13 fiscal year, the Controller shall allocate funds
from the Support Services Growth Subaccount as follows:

(1) Five percent to the Mental Health Subaccount of the Sales
Tax Account in the Local Revenue Fund as established by
paragraph (1) of subdivision (b) of Section 17600 of the Welfare
and Institutions Code.

(2) Forty percent to the Protective Services Growth Special
Account for the provision of child welfare services.

(3) To the Protective Services Growth Special Account: 42.03
percent.

(4) To the Behavioral Health Services Growth Special Account:
12.97 percent.

(d) (1) Beginning in the 2013-14 fiscal year, and until the
Director of Finance provides to the Controller the certification
described in paragraph (3), the Controller shall allocate funds from
the Support Services Growth Subaccount as follows:

(A) Five percent to the Mental Health Subaccount of the Sales
Tax Account in the Local Revenue Fund as established by
paragraph (1) of subdivision (b) of Section 17600 of the Welfare
and Institutions Code.

(B) Forty percent to the Protective Services Growth Special
Account for the provision of child welfare services.

(C) To the Protective Services Growth Special Account: 21.81
percent.

(D) To the Behavioral Health Services Growth Special Account:
33.19 percent.

(2) The total allocations to the Protective Services Growth
Special Account and the Behavioral Health Services Growth
Special Account provided by this subdivision shall be included as
funding in the year in which the allocation is made for determining
the base funding level for the following fiscal year.

(3) Once a total of two hundred million dollars ($200,000,000)
has been allocated to the Protective Services Growth Special
Account pursuant to paragraph (2) of subdivision (c) and
subparagraph (B) of paragraph (1), the Director of Finance shall
certify that fact to the Controller. Upon that certification, this
subdivision shall become inoperative.

(e) (1) In every fiscal year, after subdivision (d) becomes
inoperative, the Controller shall allocate funds from the Support
Services Growth Subaccount as follows:

(A) Five percent to the Mental Health Subaccount of the Sales
Tax Account in the Local Revenue Fund as established by
paragraph (1) of subdivision (b) of Section 17600 of the Welfare
and Institutions Code.

(B) Forty-five percent to the Protective Services Growth Special
Account.

(C) Fifty percent to the Behavioral Health Services Growth
Special Account.

(2) The total allocations to the Protective Services Growth
Special Account and Behavioral Health Services Growth Special
Account provided by this section shall be included as funding in
the year in which the allocation is made for determining the base
funding level for the following fiscal year.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 30061 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

30061.  

(a) There shall be established in each county treasury
a Supplemental Law Enforcement Services Account (SLESA), to
receive all amounts allocated to a county for purposes of
implementing this chapter.

(b) In any fiscal year for which a county receives moneys to be
expended for the implementation of this chapter, the county auditor
shall allocate the moneys in the county’s SLESA within 30 days
of the deposit of those moneys into the fund. The moneys shall be
allocated as follows:

(1) Five and fifteen-hundredths percent to the county sheriff for
county jail construction and operation. In the case of Madera,
Napa, and Santa Clara Counties, this allocation shall be made to
the county director or chief of corrections.

(2) Five and fifteen-hundredths percent to the district attorney
for criminal prosecution.

(3) Thirty-nine and seven-tenths percent to the county and the
cities within the county, and, in the case of San Mateo, Kern,
Siskiyou, and Contra Costa Counties, also to the Broadmoor Police
Protection District, the Bear Valley Community Services District,
the Stallion Springs Community Services District, the Lake
Shastina Community Services District, and the Kensington Police
Protection and Community Services District, in accordance with
the relative population of the cities within the county and the
unincorporated area of the county, and the Broadmoor Police
Protection District in the County of San Mateo, the Bear Valley
Community Services District and the Stallion Springs Community
Services District in Kern County, the Lake Shastina Community
Services District in Siskiyou County, and the Kensington Police
Protection and Community Services District in Contra Costa
County, as specified in the most recent January estimate by the
population research unit of the Department of Finance, and as
adjusted to provide, except as provided in subdivision (j), a grant
of at least one hundred thousand dollars ($100,000) to each law
enforcement jurisdiction. For a newly incorporated city whose
population estimate is not published by the Department of Finance,
but that was incorporated prior to July 1 of the fiscal year in which
an allocation from the SLESA is to be made, the city manager, or
an appointee of the legislative body, if a city manager is not
available, and the county administrative or executive officer shall
prepare a joint notification to the Department of Finance and the
county auditor with a population estimate reduction of the
unincorporated area of the county equal to the population of the
newly incorporated city by July 15, or within 15 days after the
Budget Act is enacted, of the fiscal year in which an allocation
from the SLESA is to be made. No person residing within the
Broadmoor Police Protection District, the Bear Valley Community
Services District, the Stallion Springs Community Services District,
the Lake Shastina Community Services District, or the Kensington
Police Protection and Community Services District shall also be
counted as residing within the unincorporated area of the County
of San Mateo, Kern, Siskiyou, or Contra Costa, or within any city
located within those counties. Except as provided in subdivision
(j), the county auditor shall allocate a grant of at least one hundred
thousand dollars ($100,000) to each law enforcement jurisdiction.
Moneys allocated to the county pursuant to this subdivision shall
be retained in the county SLESA, and moneys allocated to a city
pursuant to this subdivision shall be deposited in an SLESA
established in the city treasury.

(4) Fifty percent to the county or city and county to implement
a comprehensive multiagency juvenile justice plan as provided in
this paragraph. The juvenile justice plan shall be developed by the
local juvenile justice coordinating council in each county and city
and county with the membership described in Section 749.22 of
the Welfare and Institutions Code. If a plan has been previously
approved by the Corrections Standards Authority or, commencing
July 1, 2012, by the Board of State and Community Corrections,
the plan shall be reviewed and modified annually by the council.
The plan or modified plan shall be approved by the county board
of supervisors, and in the case of a city and county, the plan shall
also be approved by the mayor. The plan or modified plan shall
be submitted to the Board of State and Community Corrections
by May 1 of each year.

(A) Juvenile justice plans shall include, but not be limited to,
all of the following components:

(i) An assessment of existing law enforcement, probation,
education, mental health, health, social services, drug and alcohol,
and youth services resources that specifically target at-risk
juveniles, juvenile offenders, and their families.

(ii) An identification and prioritization of the neighborhoods,
schools, and other areas in the community that face a significant
public safety risk from juvenile crime, such as gang activity,
daylight burglary, late-night robbery, vandalism, truancy, controlled
substances sales, firearm-related violence, and juvenile substance
abuse and alcohol use.

(iii) A local juvenile justice action strategy that provides for a
continuum of responses to juvenile crime and delinquency and
demonstrates a collaborative and integrated approach for
implementing a system of swift, certain, and graduated responses
for at-risk youth and juvenile offenders.

(iv) Programs identified in clause (iii) that are proposed to be
funded pursuant to this subparagraph, including the projected
amount of funding for each program.

(B) Programs proposed to be funded shall satisfy all of the
following requirements:

(i) Be based on programs and approaches that have been
demonstrated to be effective in reducing delinquency and
addressing juvenile crime for any elements of response to juvenile
crime and delinquency, including prevention, intervention,
suppression, and incapacitation.

(ii) Collaborate and integrate services of all the resources set
forth in clause (i) of subparagraph (A), to the extent appropriate.

(iii) Employ information sharing systems to ensure that county
actions are fully coordinated, and designed to provide data for
measuring the success of juvenile justice programs and strategies.

(iv) Adopt goals related to the outcome measures that shall be
used to determine the effectiveness of the local juvenile justice
action strategy.

(C) The plan shall also identify the specific objectives of the
programs proposed for funding and specified outcome measures
to determine the effectiveness of the programs and contain an
accounting for all program participants, including those who do
not complete the programs. Outcome measures of the programs
proposed to be funded shall include, but not be limited to, all of
the following:

(i) The rate of juvenile arrests per 100,000 population.

(ii) The rate of successful completion of probation.

(iii) The rate of successful completion of restitution and
court-ordered community service responsibilities.

(iv) Arrest, incarceration, and probation violation rates of
program participants.

(v) Quantification of the annual per capita costs of the program.

(D) The Board of State and Community Corrections shall review
plans or modified plans submitted pursuant to this paragraph within
30 days upon receipt of submitted or resubmitted plans or modified
plans. The board shall approve only those plans or modified plans
that fulfill the requirements of this paragraph, and shall advise a
submitting county or city and county immediately upon the
approval of its plan or modified plan. The board shall offer, and
provide, if requested, technical assistance to any county or city
and county that submits a plan or modified plan not in compliance
with the requirements of this paragraph. The SLESA shall only
allocate funding pursuant to this paragraph upon notification from
the board that a plan or modified plan has been approved.

(E) To assess the effectiveness of programs funded pursuant to
this paragraph using the program outcome criteria specified in
subparagraph (C), the following periodic reports shall be submitted:

(i) Each county or city and county shall report, beginning
October 15, 2002, and annually each October 15 thereafter, to the
county board of supervisors and the Board of State and Community
Corrections, in a format specified by the board, on the programs
funded pursuant to this chapter and program outcomes as specified
in subparagraph (C).

(ii) The Board of State and Community Corrections shall
compile the local reports and, by March 15, 2003, and annually
thereafter, make a report to the Governor and the Legislature on
program expenditures within each county and city and county from
the appropriation for the purposes of this paragraph, on the
outcomes as specified in subparagraph (C) of the programs funded
pursuant to this paragraph and the statewide effectiveness of the
comprehensive multiagency juvenile justice plans.

(c) Subject to subdivision (d), for each fiscal year in which the
county, each city, the Broadmoor Police Protection District, the
Bear Valley Community Services District, the Stallion Springs
Community Services District, the Lake Shastina Community
Services District, and the Kensington Police Protection and
Community Services District receive moneys pursuant to paragraph
(3) of subdivision (b), the county, each city, and each district
specified in this subdivision shall appropriate those moneys in
accordance with the following procedures:

(1) In the case of the county, the county board of supervisors
shall appropriate existing and anticipated moneys exclusively to
provide frontline law enforcement services, other than those
services specified in paragraphs (1) and (2) of subdivision (b), in
the unincorporated areas of the county, in response to written
requests submitted to the board by the county sheriff and the district
attorney. Any request submitted pursuant to this paragraph shall
specify the frontline law enforcement needs of the requesting
entity, and those personnel, equipment, and programs that are
necessary to meet those needs.

(2) In the case of a city, the city council shall appropriate
existing and anticipated moneys exclusively to fund frontline
municipal police services, in accordance with written requests
submitted by the chief of police of that city or the chief
administrator of the law enforcement agency that provides police
services for that city.

(3) In the case of the Broadmoor Police Protection District
within the County of San Mateo, the Bear Valley Community
Services District or the Stallion Springs Community Services
District within Kern County, the Lake Shastina Community
Services District within Siskiyou County, or the Kensington Police
Protection and Community Services District within Contra Costa
County, the legislative body of that special district shall appropriate
existing and anticipated moneys exclusively to fund frontline
municipal police services, in accordance with written requests
submitted by the chief administrator of the law enforcement agency
that provides police services for that special district.

(d) For each fiscal year in which the county, a city, or the
Broadmoor Police Protection District within the County of San
Mateo, the Bear Valley Community Services District or the Stallion
Springs Community Services District within Kern County, the
Lake Shastina Community Services District within Siskiyou
County, or the Kensington Police Protection and Community
Services District within Contra Costa County receives any moneys
pursuant to this chapter, in no event shall the governing body of
any of those recipient agencies subsequently alter any previous,
valid appropriation by that body, for that same fiscal year, of
moneys allocated to the county or city pursuant to paragraph (3)
of subdivision (b).

(e) For the 2011-12 fiscal year, the Controller shall allocate
23.54 percent of the amount deposited in the Local Law
Enforcement Services Account in the Local Revenue Fund 2011
for the purposes of paragraphs (1), (2), and (3) of subdivision (b),
and shall allocate 23.54 percent for purposes of paragraph (4) of
subdivision (b).

(f) Commencing with the 2012-13 fiscal year, the Controller
shall allocate 21.86 percent of the amount deposited in the
Enhancing Law Enforcement Activities Subaccount in the Local
Revenue Fund 2011 for the purposes of paragraphs (1) to (3),
inclusive, of subdivision (b), and shall allocate 21.86 percent for
purposes of paragraph (4) of subdivision (b).

(g)  begin delete The end delete begin insert Commencing with the 2013-14 fiscal year, the end insert
Controller shall allocate funds begin insert in monthly installments end insert to local
jurisdictions for public safety in accordance with this section as
annually calculated by the Director of Finance.

(h) Funds received pursuant to subdivision (b) shall be expended
or encumbered in accordance with this chapter no later than June
30 of the following fiscal year. A local agency that has not met
the requirement of this subdivision shall remit unspent SLESA
moneys received after April 1, 2009, to the Controller for deposit
in the Local Safety and Protection Account, after April 1, 2012,
to the Local Law Enforcement Services Account, and after July
1, 2012, to the County Enhancing Law Enforcement Activities
Subaccount.

(i) In the 2010-11 fiscal year, if the fourth quarter revenue
derived from fees imposed by subdivision (a) of Section 10752.2
of the Revenue and Taxation Code that are deposited in the General
Fund and transferred to the Local Safety and Protection Account,
and continuously appropriated to the Controller for allocation
pursuant to this section, are insufficient to provide a minimum
grant of one hundred thousand dollars ($100,000) to each law
enforcement jurisdiction, the county auditor shall allocate the
revenue proportionately, based on the allocation schedule in
paragraph (3) of subdivision (b). The county auditor shall
proportionately allocate, based on the allocation schedule in
paragraph (3) of subdivision (b), all revenues received after the
distribution of the fourth quarter allocation attributable to these
fees for which payment was due prior to July 1, 2011, until all
minimum allocations are fulfilled, at which point all remaining
revenue shall be distributed proportionately among the other
jurisdictions.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 30070 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

30070.  

(a) For the 2011-12 fiscal year, the program authorized
by this chapter shall be funded from the Local Law Enforcement
Services Account in the Local Revenue Fund 2011. The Controller
shall, on a quarterly basis, beginning on October 1, 2011, allocate
4.07 percent of the moneys annually deposited in the Local Law
Enforcement Services Account. Commencing with the 2012-13
fiscal year, the program authorized by this chapter shall be funded
from the Enhancing Law Enforcement Activities Subaccount in
the Local Revenue Fund 2011. The Controller shall allocate 3.78
percent of the moneys annually deposited in the Enhancing Law
Enforcement Activities Subaccount in the Local Revenue Fund
2011. begin delete Funds end delete begin insert Commencing with the 2013-14 fiscal year, funds end insert shall
be allocated begin insert in monthly installments end insert to county sheriffs’ departments
to enhance law enforcement efforts in the counties specified in
paragraphs (1) to (37), inclusive, according to the following
schedule:

 

(1) Alpine County	2.7027%
(2) Amador County	2.7027%
(3) Butte County	2.7027%
(4) Calaveras County	2.7027%
(5) Colusa County	2.7027%
(6) Del Norte County	2.7027%
(7) El Dorado County	2.7027%
(8) Glenn County	2.7027%
(9) Humboldt County	2.7027%
(10) Imperial County	2.7027%
(11) Inyo County	2.7027%
(12) Kings County	2.7027%
(13) Lake County	2.7027%
(14) Lassen County	2.7027%
(15) Madera County	2.7027%
(16) Marin County	2.7027%
(17) Mariposa County	2.7027%
(18) Mendocino County	2.7027%
(19) Merced County	2.7027%
(20) Modoc County	2.7027%
(21) Mono County	2.7027%
(22) Napa County	2.7027%
(23) Nevada County	2.7027%
(24) Placer County	2.7027%
(25) Plumas County	2.7027%
(26) San Benito County	2.7027%
(27) San Luis Obispo County	2.7027%
(28) Santa Cruz County	2.7027%
(29) Shasta County	2.7027%
(30) Sierra County	2.7027%
(31) Siskiyou County	2.7027%
(32) Sutter County	2.7027%
(33) Tehama County	2.7027%
(34) Trinity County	2.7027%
(35) Tuolumne County	2.7027%
(36) Yolo County	2.7027%
(37) Yuba County	2.7027%

 

begin delete

(c)

end delete

begin insert (b) end insert  Funds allocated pursuant to this section shall be used to
supplement rather than supplant existing law enforcement
resources.

begin delete

(d)

end delete

begin insert (c) end insert  The funds allocated pursuant to this section may not be used
for any video surveillance or monitoring of the general public.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 326.3 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

326.3.  

(a) The Legislature finds and declares all of the
following:

(1) Nonprofit organizations provide important and essential
educational, philanthropic, and social services to the people of the
begin delete State of California. end delete begin insert state. end insert

(2) One of the great strengths of California is a vibrant nonprofit
sector.

(3) Nonprofit and philanthropic organizations touch the lives
of every Californian through service and employment.

(4) Many of these services would not be available if nonprofit
organizations did not provide them.

(5) There is a need to provide methods of fundraising to
nonprofit organizations to enable them to provide these essential
services.

(6) Historically, many nonprofit organizations have used
charitable bingo as one of their key fundraising strategies to
promote the mission of the charity.

(7) Legislation is needed to provide greater revenues for
nonprofit organizations to enable them to fulfill their charitable
purposes, and especially to meet their increasing social service
obligations.

(8) Legislation is also needed to clarify that existing law requires
that all charitable bingo must be played using a tangible card and
that the only permissible electronic devices to be used by charitable
bingo players are card-minding devices.

(b) Neither the prohibition on gambling in this chapter nor in
Chapter 10 (commencing with Section 330) applies to any remote
caller bingo game that is played or conducted in a city, county, or
city and county pursuant to an ordinance enacted under Section
19 of Article IV of the California Constitution, if the ordinance
allows a remote caller bingo game to be played or conducted only
in accordance with this section, including the following
requirements:

(1) The game may be conducted only by the following
organizations:

(A) An organization that is exempted from the payment of the
taxes imposed under the Corporation Tax Law by Section 23701a,
23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, or
23701w of the Revenue and Taxation Code.

(B) A mobilehome park association.

(C) A senior begin delete citizens end delete begin insert citizens’ end insert organization.

(D) Charitable organizations affiliated with a school district.

(2) The organization conducting the game shall have been
incorporated or in existence for three years or more.

(3) The organization conducting the game shall be licensed
pursuant to subdivision (l) of Section 326.5.

(4) The receipts of the game shall be used only for charitable
purposes. The organization conducting the game shall determine
the disbursement of the net receipts of the game.

(5) The operation of bingo may not be the primary purpose for
which the organization is organized.

(c) (1) A city, county, or city and county may adopt an
ordinance in substantially the following form to authorize remote
caller bingo in accordance with the requirements of subdivision
(b):

 

Sec. _.01. Legislative Authorization.

This chapter is adopted pursuant to Section 19 of Article IV of
the California Constitution, as implemented by Sections 326.3 and
326.4 of the Penal Code.

Sec. _.02. Remote Caller Bingo Authorized.

Remote Caller Bingo may be lawfully played in the [City,
County, or City and County] pursuant to the provisions of Sections
326.3 and 326.4 of the Penal Code, and this chapter, and not
otherwise.

Sec. _.03. Qualified Applicants: Applicants for Licensure.

(a) The following organizations are qualified to apply to the
License Official for a license to operate a bingo game if the receipts
of those games are used only for charitable purposes:

(1) An organization exempt from the payment of the taxes
imposed under the Corporation Tax Law by Section 23701a,
23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, or
23701w of the Revenue and Taxation Code.

(2) A mobile home park association of a mobile home park that
is situated in the [City, County, or City and County].

(3) Senior citizen organizations.

(4) Charitable organizations affiliated with a school district.

(b) The application shall be in a form prescribed by the License
Official and shall be accompanied by a nonrefundable filing fee
in an amount determined by resolution of the [Governing Body of
the City, County, or City and County] from time to time. The
following documentation shall be attached to the application, as
applicable:

(1) A certificate issued by the Franchise Tax Board certifying
that the applicant is exempt from the payment of the taxes imposed
under the Corporation Tax Law pursuant to Section 23701a,
23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, or
23701w of the Revenue and Taxation Code. In lieu of a certificate
issued by the Franchise Tax Board, the License Official may refer
to the Franchise Tax Board’s Internet Web site to verify that the
applicant is exempt from the payment of the taxes imposed under
the Corporation Tax Law.

(2) Other evidence as the License Official determines is
necessary to verify that the applicant is a duly organized mobile
home park association of a mobile home park situated in the [City,
County, or City and County].

Sec. _.04. License Application: Verification.

The license shall not be issued until the License Official has
verified the facts stated in the application and determined that the
applicant is qualified.

Sec. _.05. Annual Licenses.

A license issued pursuant to this chapter shall be valid until the
end of the calendar year, at which time the license shall expire. A
new license shall only be obtained upon filing a new application
and payment of the license fee. The fact that a license has been
issued to an applicant creates no vested right on the part of the
licensee to continue to offer bingo for play. The [Governing Body
of the City, County, or City and County] expressly reserves the
right to amend or repeal this chapter at any time by resolution. If
this chapter is repealed, all licenses issued pursuant to this chapter
shall cease to be effective for any purpose on the effective date of
the repealing resolution.

Sec. _.06. Conditions of Licensure.

(a) Any license issued pursuant to this chapter shall be subject
to the conditions contained in Sections 326.3 and 326.4 of the
Penal Code, and each licensee shall comply with the requirements
of those provisions.

(b) Each license issued pursuant to this chapter shall be subject
to the following additional conditions:

(1) Bingo games shall not be conducted by any licensee on more
than two days during any week, except that a licensee may hold
one additional game, at its election, in each calendar quarter.

(2) The licensed organization is responsible for ensuring that
the conditions of this chapter and Sections 326.3 and 326.4 of the
Penal Code are complied with by the organization and its officers
and members. A violation of any one or more of those conditions
or provisions shall constitute cause for the revocation of the
organization’s license. At the request of the organization, the
[Governing Body of the City, County, or City and County] shall
hold a public hearing before revoking any license issued pursuant
to this chapter.

begin delete

(2)

end delete

begin insert (3) end insert  Nothing in this section shall require a city, county, or city
and county to use this model ordinance in order to authorize remote
caller bingo.

(d) It is a misdemeanor for any person to receive or pay a profit,
wage, or salary from any remote caller bingo game, provided that
administrative, managerial, technical, financial, and security
personnel employed by the organization conducting the bingo
game may be paid reasonable fees for services rendered from the
revenues of bingo games, as provided in subdivision begin delete (m), end delete begin insert (l), end insert except
that fees paid under those agreements shall not be determined as
a percentage of receipts or other revenues from, or be begin delete dependant end delete
begin insert dependent end insert on the outcome of, the game.

(e) A violation of subdivision (d) shall be punishable by a fine
not to exceed ten thousand dollars ($10,000), which fine shall be
deposited in the general fund of the city, county, or city and county
that enacted the ordinance authorizing the remote caller bingo
game. A violation of any provision of this section, other than
subdivision (d), is a misdemeanor.

(f) The city, county, or city and county that enacted the
ordinance authorizing the remote caller bingo game, or the Attorney
General, may bring an action to enjoin a violation of this section.

(g) No minors shall be allowed to participate in any remote
caller bingo game.

(h) A remote caller bingo game shall begin delete not end delete include begin delete any site end delete begin insert only
sites end insert that begin delete is not end delete begin insert are end insert located within this state.

(i) An organization authorized to conduct a remote caller bingo
game pursuant to subdivision (b) shall conduct the game only on
property that is owned or leased by the organization, or the use of
which is donated to the organization. Nothing in this subdivision
shall be construed to require that the property that is owned or
leased by, or the use of which is donated to, the organization be
used or leased exclusively by, or donated exclusively to, that
organization.

(j) (1) All remote caller bingo games shall be open to the public,
begin insert and shall end insert not begin delete just end delete begin insert be limited end insert to the members of the authorized
organization.

(2) No more than 750 players may participate in a remote caller
bingo game in a single location.

(3) If the Governor begin delete of California end delete or the President begin delete of the United
States end delete declares a state of emergency in response to a natural disaster
or other public catastrophe occurring in California, an organization
authorized to conduct remote caller bingo games may, while that
declaration is in effect, conduct a remote caller bingo game
pursuant to this section with more than 750 participants in a single
venue if the net proceeds of the game, after deduction of prizes
and overhead expenses, are donated to or expended exclusively
for the relief of the victims of the disaster or catastrophe, and the
organization gives begin insert , for each participating remote caller bingo site, end insert
the begin delete California Gambling Control Commission end delete begin insert department and
local law enforcement end insert at least 10 days’ written notice of the intent
to conduct that game.

(4)  begin delete An end delete begin insert For each participating remote caller bingo site, an end insert
organization authorized to conduct remote caller bingo games shall
provide the begin delete commission end delete begin insert department and local law enforcement end insert
with at least 30 days’ advance written notice of its intent to conduct
a remote caller bingo game. That notice shall include all of the
following:

(A) The legal name of the organization and the address of record
of the agent upon whom legal notice may be served.

(B) The locations of the caller and remote players, whether the
property is owned by the organization or donated, and if donated,
by whom.

(C) The name of the licensed caller and site manager.

(D) The names of administrative, managerial, technical,
financial, and security personnel employed.

(E) The name of the vendor and any person or entity maintaining
the equipment used to operate and transmit the game.

(F) The name of the person designated as having a fiduciary
responsibility for the game pursuant to paragraph (2) of subdivision
(k).

(G) The license numbers of all persons specified in
subparagraphs (A) to (F), inclusive, who are required to be licensed.

(H) A copy of the local ordinance for any city, county, or city
and county in which the game will be played. The commission
shall post the ordinance on its Internet Web site.

begin insert

(I) A copy of the license issued to the organization by the
governing body of the city, county, or city and county pursuant to
subdivision (b).

end insert

(k) (1) A remote caller bingo game shall be operated and staffed
only by members of the authorized organization that organized it.
Those members shall not receive a profit, wage, or salary from
any remote caller bingo game. Only the organization authorized
to conduct a remote caller bingo game shall operate that game, or
participate in the promotion, supervision, or any other phase of a
remote caller bingo game. Subject to begin delete the provisions of end delete subdivision
(m), this subdivision shall not preclude the employment of
administrative, managerial, technical, financial, or security
personnel who are not members of the authorized organization at
a location participating in the remote caller bingo game by the
organization conducting the game. Notwithstanding any other
begin delete provision of end delete law, exclusive or other agreements between the
authorized organization and other entities or persons to provide
services in the administration, management, or conduct of the game
shall not be considered a violation of the prohibition against
holding a legally cognizable financial interest in the conduct of
the remote caller bingo game by persons or entities other than the
charitable organization, or other entity authorized to conduct the
remote caller bingo games, begin delete provided that end delete begin insert if end insert those persons or entities
obtain the gambling licenses, the key employee licenses, or the
work permits required by, and otherwise comply with, Chapter 5
(commencing with Section 19800) of Division 8 of the Business
and Professions Code. Fees to be paid under begin delete any such end delete begin insert those end insert
agreements shall be reasonable and shall not be determined as a
percentage of receipts or other revenues from, or be dependent on
the outcome of, the game.

(2) An organization that conducts a remote caller bingo game
shall designate a person as having fiduciary responsibility for the
game.

(l) No individual, corporation, partnership, or other legal entity,
except the organization authorized to conduct or participate in a
remote caller bingo game, shall hold a legally cognizable financial
interest in the conduct of begin delete such a end delete begin insert that end insert game.

(m) An organization authorized to conduct a remote caller bingo
game pursuant to this section shall not have overhead costs
exceeding 20 percent of gross sales, except that the limitations of
this section shall not apply to one-time, nonrecurring capital
acquisitions. For purposes of this subdivision, “overhead costs”
includes, but is not limited to, amounts paid for rent and equipment
leasing and the reasonable fees authorized to be paid to
administrative, managerial, technical, financial, and security
personnel employed by the organization pursuant to subdivision
(d). For the purpose of keeping its overhead costs below 20 percent
of gross sales, an authorized organization may elect to deduct all
or a portion of the fees paid to financial institutions for the use and
processing of credit card sales from the amount of gross revenues
awarded for prizes. In that case, the redirected fees for the use and
processing of credit card sales shall not be included in “overhead
costs” as defined in the California Remote Caller Bingo Act.
Additionally, fees paid to financial institutions for the use and
processing of credit card sales shall not be deducted from the
proceeds retained by the charitable organization.

(n) No person shall be allowed to participate in a remote caller
bingo game unless the person is physically present at the time and
place where the remote caller bingo game is being conducted. A
person shall be deemed to be physically present at the place where
the remote caller bingo game is being conducted if he or she is
present at any of the locations participating in the remote caller
bingo game in accordance with this section.

(o) (1) An organization shall not cosponsor a remote caller
bingo game with one or more other organizations unless one of
the following is true:

(A) All of the cosponsors are affiliated under the master charter
or articles and bylaws of a single organization.

(B) All of the cosponsors are affiliated through an organization
described in paragraph (1) of subdivision (b), and have the same
Internal Revenue Service activity code.

(2) Notwithstanding paragraph (1), a maximum of 10
unaffiliated organizations described in paragraph (1) of subdivision
(b) may enter into an agreement to cosponsor a remote caller game,
begin delete provided end delete begin insert but end insert that begin delete the end delete game shall have begin delete not end delete begin insert no end insert more than 10
locations.

(3) An organization shall not conduct remote caller bingo more
than two days per week.

(4) Before sponsoring or operating any game authorized under
paragraph (1) or (2), each of the cosponsoring organizations shall
have entered into a written agreement, a copy of which shall be
provided to the commission, setting forth how the expenses and
proceeds of the game are to be allocated among the participating
organizations, the bank accounts into which all receipts are to be
deposited and from which all prizes are to be paid, and how game
records are to be maintained and subjected to annual audit.

(p) The value of prizes awarded during the conduct of any
remote caller bingo game shall not exceed 37 percent of the gross
receipts for that game. When an authorized organization elects to
deduct fees paid for the use and processing of credit card sales
from the amount of gross revenues for that game awarded for
prizes, the maximum amount of gross revenues that may be
awarded for prizes shall not exceed 37 percent of the gross receipts
for that game, less the amount of redirected fees paid for the use
and processing of credit card sales. Every remote caller bingo game
shall be played until a winner is declared. Progressive prizes are
prohibited. The declared winner of a remote caller bingo game
shall provide his or her identifying information and a mailing
address to the onsite manager of the remote caller bingo game.
Prizes shall be paid only by check; no cash prizes shall be paid.
The organization conducting the remote caller bingo game may
issue a check to the winner at the time of the game, or may send
a check to the declared winner by United States Postal Service
certified mail, return receipt requested. All prize money exceeding
state and federal exemption limits on prize money shall be subject
to income tax reporting and withholding requirements under
applicable state and federal laws and regulations and those reports
and withholding shall be forwarded, within 10 business days, to
the appropriate state or federal agency on behalf of the winner. A
report shall accompany the amount withheld identifying the person
on whose behalf the money is being sent. Any game interrupted
by a transmission failure, electrical outage, or act of God shall be
considered void in the location that was affected. A refund for a
canceled game or games shall be provided to the purchasers.

(q) (1) The begin delete California Gambling Control Commission shall
regulate remote caller bingo, including, but not limited to, licensure
and operation. The end delete commission shall begin delete establish reasonable criteria
regulating, and shall end delete require the licensure begin delete of, end delete begin insert of end insert the following:

(A) Any person who begin delete conducts a end delete begin insert contracts to conduct end insert remote
caller bingo begin delete game pursuant to this section, including, but not
limited to, an employee, a person end delete begin insert on behalf of an organization
described in subdivision (b) or who is identified as end insert having fiduciary
responsibility for begin delete a remote caller bingo game, a site manager, and
a bingo caller. end delete begin insert the game pursuant to subdivision (k). end insert

(B) Any person who directly or indirectly manufactures,
distributes, supplies, vends, leases, or otherwise provides supplies,
devices, services, or other equipment designed for use in the
playing of a remote caller bingo game by any begin delete nonprofit
organization. end delete begin insert organization described in subdivision (b). end insert

(C) Beginning January 31, 2009, or a later date as may be
established by the commission, all persons described in
subparagraph (A) or (B) may submit to the commission a letter of
intent to submit an application for licensure. The letter shall clearly
identify the principal applicant, all categories under which the
application will be filed, and the names of all those particular
individuals who are applying. Each charitable organization shall
provide an estimate of the frequency with which it plans to conduct
remote caller bingo operations, including the number of locations.
The letter of intent may be withdrawn or updated at any time.

(2) (A)  begin delete The Department of Justice shall conduct background end delete
begin insert Background end insert investigations begin delete and conduct field enforcement as it
relates to remote caller bingo consistent end delete begin insert related to remote caller
bingo conducted by the department shall be in accordance end insert with
the Gambling Control Act (Chapter 5 (commencing with Section
19800) of Division 8 of the Business and Professions Code) and
as specified in regulations promulgated by the begin delete commission. end delete
begin insert commission or the department. end insert

(B) Fees to cover background investigation costs shall be paid
and accounted for in accordance with Section 19867 of the
Business and Professions Code.

(3) (A) Every application for a license or approval begin insert by a person
described in end insert subparagraph begin insert (A) of pa end insert ragraph (1) shall be begin insert submitted
to the department and end insert accompanied by a nonrefundable fee, the
amount of which shall be adopted by the commission by regulation.

(B) Fees and revenue collected pursuant to this paragraph shall
be deposited in the California Bingo Fund, which is hereby created
in the State Treasury. The funds deposited in the California Bingo
Fund shall be available, upon appropriation by the Legislature, for
expenditure by the commission and the department exclusively
for the support of the commission and department in carrying out
their duties and responsibilities under this section and Section
326.5.

(C) A loan is hereby authorized from the Gambling Control
Fund to the California Bingo Fund on or after January 1, 2009, in
an amount of up to five hundred thousand dollars ($500,000) to
fund operating, personnel, and other startup costs incurred by the
commission begin insert and department end insert relating to this begin delete act. end delete begin insert section. end insert Funds
from the California Bingo Fund shall be available to the
commission begin insert and department end insert upon appropriation by the Legislature
in the annual Budget Act. The loan shall be subject to all of the
following conditions:

(i) The loan shall be repaid to the Gambling Control Fund as
soon as there is sufficient money in the California Bingo Fund to
repay the amount loaned, but no later than begin delete five years after the date
of the loan. end delete begin insert July 1, 2019. end insert

(ii) Interest on the loan shall be paid from the California Bingo
Fund at the rate accruing to moneys in the Pooled Money
Investment Account.

(iii) The terms and conditions of the loan are approved, prior
to the transfer of funds, by the Department of Finance pursuant to
appropriate fiscal standards.

The commission begin insert and department end insert may assess and collect
reasonable fees and deposits as necessary to defray the costs of
regulation and oversight.

begin insert

(D) Notwithstanding any other law, the loan authorized by
Provision 1 of Item 0855-001-0567 of the Budget Act of 2009, in
the amount of four hundred fifty-seven thousand dollars ($457,000),
shall be repaid no later than July 1, 2019.

end insert begin insert

(E) The licensing fee for any person or entity that directly or
indirectly manufactures, distributes, supplies, vends, leases, or
otherwise provides supplies, devices, services, or other equipment
designed for use in the playing of a remote caller bingo game by
any nonprofit organization shall be in an amount determined by
the department, not to exceed the reasonable regulatory costs to
the department and in accordance with regulations adopted
pursuant to this chapter. Prior to the adoption of the regulations,
the nonrefundable license fee shall be the amount of the reasonable
regulatory costs to the department, not to exceed three thousand
dollars ($3,000) per year.

end insert

(r) The administrative, managerial, technical, financial, and
security personnel employed by an organization that conducts
remote caller bingo games shall apply for, obtain, and thereafter
maintain valid work permits, as defined in Section 19805 of the
Business and Professions Code.

(s) An organization that conducts remote caller bingo games
shall retain records in connection with the remote caller bingo
game for five years.

(t) (1) All equipment used for remote caller bingo shall be
begin delete approved in advance by the California Gambling Control
Commission pursuant to end delete begin insert certified as compliant with end insert regulations
adopted pursuant to subdivision (r) of Section 19841 of the
Business and Professions begin delete Code. end delete begin insert Code by a manufacturing expert
recognized by the department. Certifications shall be submitted
to the department prior to the use of any equipment subject to this
subdivision. end insert

(2) The begin delete California Gambling Control Commission shall end delete
begin insert department may end insert monitor operation of the transmission and other
equipment used for remote caller bingo, and monitor the game.

(u) (1) As used in this section, “remote caller bingo game”
means a game of bingo, as defined in subdivision (o) of Section
326.5, in which the numbers or symbols on randomly drawn plastic
balls are announced by a natural person present at the site at which
the live game is conducted, and the organization conducting the
bingo game uses audio and video technology to link any of its
in-state facilities for the purpose of transmitting the remote calling
of a live bingo game from a single location to multiple locations
owned, leased, or rented by that organization, or as described in
subdivision (o) of this section. The audio or video technology used
to link the facilities may include cable, Internet, satellite,
broadband, or telephone technology, or any other means of
electronic transmission that ensures the secure, accurate, and
simultaneous transmission of the announcement of numbers or
symbols in the game from the location at which the game is called
by a natural person to the remote location or locations at which
players may participate in the game. The drawing of each ball
bearing a number or symbol by the natural person calling the game
shall be visible to all players as the ball is drawn, including through
a simultaneous live video feed at remote locations at which players
may participate in the game.

(2) The caller in the live game must be licensed by the California
Gambling Control Commission. A game may be called by a
nonlicensed caller if the drawing of balls and calling of numbers
or symbols by that person is observed and personally supervised
by a licensed caller.

(3) Remote caller bingo games shall be played using traditional
paper or other tangible bingo cards and daubers, and shall not be
played by using electronic devices, except card-minding devices,
as described in paragraph (1) of subdivision (p) of Section 326.5.

(4) Prior to conducting a remote caller bingo game, the
organization that conducts remote caller bingo shall submit to the
begin delete commission end delete begin insert department end insert the controls, methodology, and standards
of game play, which shall include, but not be limited to, the
equipment used to select bingo numbers and create or originate
cards, control or maintenance, distribution to participating
locations, and distribution to players. Those controls,
methodologies, and standards shall be subject to prior approval by
the begin delete commission, end delete begin insert department, end insert provided that the controls shall be
deemed approved by the begin delete commission end delete begin insert department end insert after 90 days
from the date of submission unless disapproved.

(v) A location shall not be eligible to participate in a remote
caller bingo game if bingo games are conducted at that location
in violation of Section 326.5 or any regulation adopted by the
commission pursuant to Section 19841 of the Business and
Professions Code, including, but not limited to, a location at which
unlawful electronic devices are used.

(w) (1) The vendor of the equipment used in a remote caller
bingo game shall have its books and records audited at least
annually by an independent California certified public accountant
and shall submit the results of that audit to the begin delete California Gambling
Control Commission end delete begin insert department end insert within 120 days after the close
of the vendor’s fiscal year. In addition, the begin delete California Gambling
Control Commission end delete begin insert department end insert may audit the books and records
of the vendor at any time.

(2) An authorized organization that conducts remote caller bingo
games shall begin delete provide copies of the records pertaining to those games
to the California Gambling Control Commission within 30 days
after the end of each calendar quarter. In addition, those records
shall end delete be audited by an independent California certified public
accountant at least annually and copies of the audit reports shall
be provided to the begin delete California Gambling Control Commission end delete
begin insert department end insert within begin delete 120 end delete begin insert 60 end insert days begin delete after end delete begin insert of completion of end insert the begin delete close end delete
begin insert audit report. A city, county, or city and county shall be provided
a full copy end insert of the begin delete organization’s fiscal year. end delete begin insert audit or an audit report
upon request. end insert The audit report shall account for the annual amount
of fees paid to financial institutions for the use and processing of
credit card sales by the authorized organization and the amount of
fees for the use and processing of credit card sales redirected from
“overhead costs” and deducted from the amount of gross revenues
awarded for prizes.

(3) The costs of the licensing and audits required by this section
shall be borne by the person or entity required to be licensed or
audited. The audit shall enumerate the receipts for remote caller
bingo, the prizes disbursed, the overhead costs, and the amount
retained by the nonprofit organization. The begin delete commission end delete begin insert department end insert
may audit the books and records of an organization that conducts
remote caller bingo games at any time.

(4)  begin delete If, during an audit, end delete begin insert If end insert the begin delete commission end delete begin insert department end insert identifies
practices in violation of this section, the license for the audited
entity may be suspended pending review and hearing before the
commission for a final determination.

begin delete end delete begin delete

(5) No audit required to be conducted by the commission shall
commence before January 1, 2010.

end delete begin delete end delete

(x) (1) The provisions of this section are severable. If any
provision of this section or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.

(2) Notwithstanding paragraph (1), if paragraph (1) or (3) of
subdivision (u), or the application of either of those provisions, is
held invalid, this entire section shall be invalid.

(y) The begin delete commission end delete begin insert department end insert shall submit a report to the
Legislature, on or before January 1, begin delete 2012, end delete begin insert 2016, end insert on the fundraising
effectiveness and regulation of remote caller bingo, and other
matters that are relevant to the public interest regarding remote
caller bingo.

(z) The following definitions apply for purposes of this section:

(1) “Commission” means the California Gambling Control
Commission.

begin insert

(2) “Department” means the Department of Justice.

end insert begin delete

(2)

end delete

begin insert (3) end insert  “Person” includes a natural person, corporation, limited
liability company, partnership, trust, joint venture, association, or
any other business organization.

begin insert

(aa) This section shall become inoperative on July 1, 2016, and,
as of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 1170 of the end insert begin insert Penal Code end insert begin insert , as amended by Section
2 of Chapter 828 of the Statutes of 2012, is amended to read: end insert

1170.  

(a) (1) The Legislature finds and declares that the
purpose of imprisonment for crime is punishment. This purpose
is best served by terms proportionate to the seriousness of the
offense with provision for uniformity in the sentences of offenders
committing the same offense under similar circumstances. The
Legislature further finds and declares that the elimination of
disparity and the provision of uniformity of sentences can best be
achieved by determinate sentences fixed by statute in proportion
to the seriousness of the offense as determined by the Legislature
to be imposed by the court with specified discretion.

(2) Notwithstanding paragraph (1), the Legislature further finds
and declares that programs should be available for inmates,
including, but not limited to, educational programs, that are
designed to prepare nonviolent felony offenders for successful
reentry into the community. The Legislature encourages the
development of policies and programs designed to educate and
rehabilitate nonviolent felony offenders. In implementing this
section, the Department of Corrections and Rehabilitation is
encouraged to give priority enrollment in programs to promote
successful return to the community to an inmate with a short
remaining term of commitment and a release date that would allow
him or her adequate time to complete the program.

(3) In any case in which the punishment prescribed by statute
for a person convicted of a public offense is a term of imprisonment
in the state prison of any specification of three time periods, the
court shall sentence the defendant to one of the terms of
imprisonment specified unless the convicted person is given any
other disposition provided by law, including a fine, jail, probation,
or the suspension of imposition or execution of sentence or is
sentenced pursuant to subdivision (b) of Section 1168 because he
or she had committed his or her crime prior to July 1, 1977. In
sentencing the convicted person, the court shall apply the
sentencing rules of the Judicial Council. The court, unless it
determines that there are circumstances in mitigation of the
punishment prescribed, shall also impose any other term that it is
required by law to impose as an additional term. Nothing in this
article shall affect any provision of law that imposes the death
penalty, that authorizes or restricts the granting of probation or
suspending the execution or imposition of sentence, or expressly
provides for imprisonment in the state prison for life, except as
provided in paragraph (2) of subdivision (d). In any case in which
the amount of preimprisonment credit under Section 2900.5 or any
other provision of law is equal to or exceeds any sentence imposed
pursuant to this chapter, the entire sentence shall be deemed to
have been served and the defendant shall not be actually delivered
to the custody of the secretary. The court shall advise the defendant
that he or she shall serve a period of parole and order the defendant
to report to the parole office closest to the defendant’s last legal
residence, unless the in-custody credits equal the total sentence,
including both confinement time and the period of parole. The
sentence shall be deemed a separate prior prison term under Section
667.5, and a copy of the judgment and other necessary
documentation shall be forwarded to the secretary.

(b) When a judgment of imprisonment is to be imposed and the
statute specifies three possible terms, the court shall order
imposition of the middle term, unless there are circumstances in
aggravation or mitigation of the crime. At least four days prior to
the time set for imposition of judgment, either party or the victim,
or the family of the victim if the victim is deceased, may submit
a statement in aggravation or mitigation to dispute facts in the
record or the probation officer’s report, or to present additional
facts. In determining whether there are circumstances that justify
imposition of the upper or lower term, the court may consider the
record in the case, the probation officer’s report, other reports,
including reports received pursuant to Section 1203.03, and
statements in aggravation or mitigation submitted by the
prosecution, the defendant, or the victim, or the family of the victim
if the victim is deceased, and any further evidence introduced at
the sentencing hearing. The court shall set forth on the record the
facts and reasons for imposing the upper or lower term. The court
may not impose an upper term by using the fact of any
enhancement upon which sentence is imposed under any provision
of law. A term of imprisonment shall not be specified if imposition
of sentence is suspended.

(c) The court shall state the reasons for its sentence choice on
the record at the time of sentencing. The court shall also inform
the defendant that as part of the sentence after expiration of the
term he or she may be on parole for a period as provided in Section
3000.

(d) (1) When a defendant subject to this section or subdivision
(b) of Section 1168 has been sentenced to be imprisoned in the
state prison and has been committed to the custody of the secretary,
the court may, within 120 days of the date of commitment on its
own motion, or at any time upon the recommendation of the
secretary or the Board of Parole Hearings, recall the sentence and
commitment previously ordered and resentence the defendant in
the same manner as if he or she had not previously been sentenced,
provided the new sentence, if any, is no greater than the initial
sentence. The court resentencing under this subdivision shall apply
the sentencing rules of the Judicial Council so as to eliminate
disparity of sentences and to promote uniformity of sentencing.
Credit shall be given for time served.

(2) (A) (i) When a defendant who was under 18 years of age
at the time of the commission of the offense for which the
defendant was sentenced to imprisonment for life without the
possibility of parole has served at least 15 years of that sentence,
the defendant may submit to the sentencing court a petition for
recall and resentencing.

(ii) Notwithstanding clause (i), this paragraph shall not apply
to defendants sentenced to life without parole for an offense where
the defendant tortured, as described in Section 206, his or her
victim or the victim was a public safety official, including any law
enforcement personnel mentioned in Chapter 4.5 (commencing
with Section 830) of Title 3, or any firefighter as described in
Section 245.1, as well as any other officer in any segment of law
enforcement who is employed by the federal government, the state,
or any of its political subdivisions.

(B) The defendant shall file the original petition with the
sentencing court. A copy of the petition shall be served on the
agency that prosecuted the case. The petition shall include the
defendant’s statement that he or she was under 18 years of age at
the time of the crime and was sentenced to life in prison without
the possibility of parole, the defendant’s statement describing his
or her remorse and work towards rehabilitation, and the defendant’s
statement that one of the following is true:

(i) The defendant was convicted pursuant to felony murder or
aiding and abetting murder provisions of law.

(ii) The defendant does not have juvenile felony adjudications
for assault or other felony crimes with a significant potential for
personal harm to victims prior to the offense for which the sentence
is being considered for recall.

(iii) The defendant committed the offense with at least one adult
codefendant.

(iv) The defendant has performed acts that tend to indicate
rehabilitation or the potential for rehabilitation, including, but not
limited to, availing himself or herself of rehabilitative, educational,
or vocational programs, if those programs have been available at
his or her classification level and facility, using self-study for
self-improvement, or showing evidence of remorse.

(C) If any of the information required in subparagraph (B) is
missing from the petition, or if proof of service on the prosecuting
agency is not provided, the court shall return the petition to the
defendant and advise the defendant that the matter cannot be
considered without the missing information.

(D) A reply to the petition, if any, shall be filed with the court
within 60 days of the date on which the prosecuting agency was
served with the petition, unless a continuance is granted for good
cause.

(E) If the court finds by a preponderance of the evidence that
the statements in the petition are true, the court shall hold a hearing
to consider whether to recall the sentence and commitment
previously ordered and to resentence the defendant in the same
manner as if the defendant had not previously been sentenced,
provided that the new sentence, if any, is not greater than the initial
sentence. Victims, or victim family members if the victim is
deceased, shall retain the rights to participate in the hearing.

(F) The factors that the court may consider when determining
whether to recall and resentence include, but are not limited to,
the following:

(i) The defendant was convicted pursuant to felony murder or
aiding and abetting murder provisions of law.

(ii) The defendant does not have juvenile felony adjudications
for assault or other felony crimes with a significant potential for
personal harm to victims prior to the offense for which the sentence
is being considered for recall.

(iii) The defendant committed the offense with at least one adult
codefendant.

(iv) Prior to the offense for which the sentence is being
considered for recall, the defendant had insufficient adult support
or supervision and had suffered from psychological or physical
trauma, or significant stress.

(v) The defendant suffers from cognitive limitations due to
mental illness, developmental disabilities, or other factors that did
not constitute a defense, but influenced the defendant’s
involvement in the offense.

(vi) The defendant has performed acts that tend to indicate
rehabilitation or the potential for rehabilitation, including, but not
limited to, availing himself or herself of rehabilitative, educational,
or vocational programs, if those programs have been available at
his or her classification level and facility, using self-study for
self-improvement, or showing evidence of remorse.

(vii) The defendant has maintained family ties or connections
with others through letter writing, calls, or visits, or has eliminated
contact with individuals outside of prison who are currently
involved with crime.

(viii) The defendant has had no disciplinary actions for violent
activities in the last five years in which the defendant was
determined to be the aggressor.

(G) The court shall have the discretion to recall the sentence
and commitment previously ordered and to resentence the
defendant in the same manner as if the defendant had not
previously been sentenced, provided that the new sentence, if any,
is not greater than the initial sentence. The discretion of the court
shall be exercised in consideration of the criteria in subparagraph
(B). Victims, or victim family members if the victim is deceased,
shall be notified of the resentencing hearing and shall retain their
rights to participate in the hearing.

(H) If the sentence is not recalled, the defendant may submit
another petition for recall and resentencing to the sentencing court
when the defendant has been committed to the custody of the
department for at least 20 years. If recall and resentencing is not
granted under that petition, the defendant may file another petition
after having served 24 years. The final petition may be submitted,
and the response to that petition shall be determined, during the
25th year of the defendant’s sentence.

(I) In addition to the criteria in subparagraph (F), the court may
consider any other criteria that the court deems relevant to its
decision, so long as the court identifies them on the record,
provides a statement of reasons for adopting them, and states why
the defendant does or does not satisfy the criteria.

(J) This subdivision shall have retroactive application.

(e) (1) Notwithstanding any other law and consistent with
paragraph (1) of subdivision (a), if the secretary or the Board of
Parole Hearings or both determine that a prisoner satisfies the
criteria set forth in paragraph (2), the secretary or the board may
recommend to the court that the prisoner’s sentence be recalled.

(2) The court shall have the discretion to resentence or recall if
the court finds that the facts described in subparagraphs (A) and
(B) or subparagraphs (B) and (C) exist:

(A) The prisoner is terminally ill with an incurable condition
caused by an illness or disease that would produce death within
six months, as determined by a physician employed by the
department.

(B) The conditions under which the prisoner would be released
or receive treatment do not pose a threat to public safety.

(C) The prisoner is permanently medically incapacitated with
a medical condition that renders him or her permanently unable
to perform activities of basic daily living, and results in the prisoner
requiring 24-hour total care, including, but not limited to, coma,
persistent vegetative state, brain death, ventilator-dependency, loss
of control of muscular or neurological function, and that
incapacitation did not exist at the time of the original sentencing.

The Board of Parole Hearings shall make findings pursuant to
this subdivision before making a recommendation for resentence
or recall to the court. This subdivision does not apply to a prisoner
sentenced to death or a term of life without the possibility of parole.

(3) Within 10 days of receipt of a positive recommendation by
the secretary or the board, the court shall hold a hearing to consider
whether the prisoner’s sentence should be recalled.

(4) Any physician employed by the department who determines
that a prisoner has six months or less to live shall notify the chief
medical officer of the prognosis. If the chief medical officer
concurs with the prognosis, he or she shall notify the warden.
Within 48 hours of receiving notification, the warden or the
warden’s representative shall notify the prisoner of the recall and
resentencing procedures, and shall arrange for the prisoner to
designate a family member or other outside agent to be notified
as to the prisoner’s medical condition and prognosis, and as to the
recall and resentencing procedures. If the inmate is deemed
mentally unfit, the warden or the warden’s representative shall
contact the inmate’s emergency contact and provide the information
described in paragraph (2).

(5) The warden or the warden’s representative shall provide the
prisoner and his or her family member, agent, or emergency
contact, as described in paragraph (4), updated information
throughout the recall and resentencing process with regard to the
prisoner’s medical condition and the status of the prisoner’s recall
and resentencing proceedings.

(6) Notwithstanding any other provisions of this section, the
prisoner or his or her family member or designee may
independently request consideration for recall and resentencing
by contacting the chief medical officer at the prison or the
secretary. Upon receipt of the request, the chief medical officer
and the warden or the warden’s representative shall follow the
procedures described in paragraph (4). If the secretary determines
that the prisoner satisfies the criteria set forth in paragraph (2), the
secretary or board may recommend to the court that the prisoner’s
sentence be recalled. The secretary shall submit a recommendation
for release within 30 days in the case of inmates sentenced to
determinate terms and, in the case of inmates sentenced to
indeterminate terms, the secretary shall make a recommendation
to the Board of Parole Hearings with respect to the inmates who
have applied under this section. The board shall consider this
information and make an independent judgment pursuant to
paragraph (2) and make findings related thereto before rejecting
the request or making a recommendation to the court. This action
shall be taken at the next lawfully noticed board meeting.

(7) Any recommendation for recall submitted to the court by
the secretary or the Board of Parole Hearings shall include one or
more medical evaluations, a postrelease plan, and findings pursuant
to paragraph (2).

(8) If possible, the matter shall be heard before the same judge
of the court who sentenced the prisoner.

(9) If the court grants the recall and resentencing application,
the prisoner shall be released by the department within 48 hours
of receipt of the court’s order, unless a longer time period is agreed
to by the inmate. At the time of release, the warden or the warden’s
representative shall ensure that the prisoner has each of the
following in his or her possession: a discharge medical summary,
full medical records, state identification, parole medications, and
all property belonging to the prisoner. After discharge, any
additional records shall be sent to the prisoner’s forwarding
address.

(10) The secretary shall issue a directive to medical and
correctional staff employed by the department that details the
guidelines and procedures for initiating a recall and resentencing
procedure. The directive shall clearly state that any prisoner who
is given a prognosis of six months or less to live is eligible for
recall and resentencing consideration, and that recall and
resentencing procedures shall be initiated upon that prognosis.

(f) Notwithstanding any other provision of this section, for
purposes of paragraph (3) of subdivision (h), any allegation that
a defendant is eligible for state prison due to a prior or current
conviction, sentence enhancement, or because he or she is required
to register as a sex offender shall not be subject to dismissal
pursuant to Section 1385.

(g) A sentence to state prison for a determinate term for which
only one term is specified, is a sentence to state prison under this
section.

(h) (1) Except as provided in paragraph (3), a felony punishable
pursuant to this subdivision where the term is not specified in the
underlying offense shall be punishable by a term of imprisonment
in a county jail for 16 months, or two or three years.

(2) Except as provided in paragraph (3), a felony punishable
pursuant to this subdivision shall be punishable by imprisonment
in a county jail for the term described in the underlying offense.

(3) Notwithstanding paragraphs (1) and (2), where the defendant
(A) has a prior or current felony conviction for a serious felony
described in subdivision (c) of Section 1192.7 or a prior or current
conviction for a violent felony described in subdivision (c) of
Section 667.5, (B) has a prior felony conviction in another
jurisdiction for an offense that has all the elements of a serious
felony described in subdivision (c) of Section 1192.7 or a violent
felony described in subdivision (c) of Section 667.5, (C) is required
to register as a sex offender pursuant to Chapter 5.5 (commencing
with Section 290) of Title 9 of Part 1, or (D) is convicted of a crime
and as part of the sentence an enhancement pursuant to Section
186.11 is imposed, an executed sentence for a felony punishable
pursuant to this subdivision shall be served in state prison.

(4) Nothing in this subdivision shall be construed to prevent
other dispositions authorized by law, including pretrial diversion,
deferred entry of judgment, or an order granting probation pursuant
to Section 1203.1.

(5) The court, when imposing a sentence pursuant to paragraph
(1) or (2) of this subdivision, may commit the defendant to county
jail as follows:

(A) For a full term in custody as determined in accordance with
the applicable sentencing law.

(B) (i) For a term as determined in accordance with the
applicable sentencing law, but suspend execution of a concluding
portion of the term selected in the court’s discretion, during which
time the defendant shall be supervised by the county probation
officer in accordance with the terms, conditions, and procedures
generally applicable to persons placed on probation, for the
remaining unserved portion of the sentence imposed by the court.
The period of supervision shall be mandatory, and may not be
earlier terminated except by court order. Any proceeding to revoke
or modify mandatory supervision under this subparagraph shall
be conducted pursuant to either subdivisions (a) and (b) of Section
1203.2 or Section 1203.3. During the period when the defendant
is under such supervision, unless in actual custody related to the
sentence imposed by the court, the defendant shall be entitled to
only actual time credit against the term of imprisonment imposed
by the court. Any time period which is suspended because a person
has absconded shall not be credited toward the period of
supervision.

(ii) The portion of a defendant’s sentenced term during which
time he or she is supervised by the county probation officer
pursuant to this subparagraph shall be known as mandatory
begin delete supervision. end delete begin insert supervision, and shall begin upon release from
custody. end insert

(6) The sentencing changes made by the act that added this
subdivision shall be applied prospectively to any person sentenced
on or after October 1, 2011.

(i) This section shall become operative on January 1, 2014.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 1203.2 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

1203.2.  

(a) At any time during the period of supervision of a
person (1) released on probation under the care of a probation
officer pursuant to this chapter, (2) released on conditional sentence
or summary probation not under the care of a probation officer,
(3) placed on mandatory supervision pursuant to subparagraph (B)
of paragraph (5) of subdivision (h) of Section 1170, (4) subject to
revocation of postrelease community supervision pursuant to
Section 3455, or (5) subject to revocation of parole supervision
pursuant to Section 3000.08, if any probation officer, parole officer,
or peace officer has probable cause to believe that the supervised
person is violating any term or condition of his or her supervision,
the officer may, without warrant or other process and at any time
until the final disposition of the case, rearrest the supervised person
and bring him or her before the court or the court may, in its
discretion, issue a warrant for his or her rearrest. Upon such
rearrest, or upon the issuance of a warrant for rearrest the court
may revoke and terminate the supervision of the person if the
interests of justice so require and the court, in its judgment, has
reason to believe from the report of the probation or parole officer
or otherwise that the person has violated any of the conditions of
his or her supervision, has become abandoned to improper
associates or a vicious life, or has subsequently committed other
offenses, regardless whether he or she has been prosecuted for
such offenses. However, the court shall not terminate parole
pursuant to this section. Supervision shall not be revoked for failure
of a person to make restitution imposed as a condition of
supervision unless the court determines that the defendant has
willfully failed to pay and has the ability to pay. Restitution shall
be consistent with a person’s ability to pay. The revocation,
summary or otherwise, shall serve to toll the running of the period
of supervision.

(b) (1) Upon its own motion or upon the petition of the
supervised person, the probation or parole begin delete officer end delete begin insert officer, end insert or the
district begin delete attorney of end delete begin insert attorney, end insert the begin delete county in which the person is
supervised, the end delete court may modify, revoke, or terminate supervision
of the person pursuant to this subdivision, except that the court
shall not terminate parole pursuant to this section. begin insert The court in the
county in which the person is supervised has jurisdiction to hear
the motion or petition, or for those on parole, either the court in
the county of supervision or the court in the county in which the
alleged violation of supervision occurred. end insert A person supervised on
parole or postrelease community supervision pursuant to Section
3455 may not petition the court pursuant to this section for early
release from supervision, and a petition under this section shall
not be filed solely for the purpose of modifying parole. Nothing
in this section shall prohibit the court begin insert in the county in which the
person is supervised or in which the alleged violation of
supervision occurred end insert from modifying begin insert a person’s end insert parole when
acting on begin delete its end delete begin insert the court’s end insert own motion or a petition to revoke parole.
The court shall give notice of its motion, and the probation or
parole officer or the district attorney shall give notice of his or her
petition to the supervised person, his or her attorney of record, and
the district attorney or the probation or parole officer, as the case
may be. The supervised person shall give notice of his or her
petition to the probation or parole officer and notice of any motion
or petition shall be given to the district attorney in all cases. The
court shall refer its motion or the petition to the probation or parole
officer. After the receipt of a written report from the probation or
parole officer, the court shall read and consider the report and
either its motion or the petition and may modify, revoke, or
terminate the supervision of the supervised person upon the
grounds set forth in subdivision (a) if the interests of justice so
require.

(2) The notice required by this subdivision may be given to the
supervised person upon his or her first court appearance in the
proceeding. Upon the agreement by the supervised person in
writing to the specific terms of a modification or termination of a
specific term of supervision, any requirement that the supervised
person make a personal appearance in court for the purpose of a
modification or termination shall be waived. Prior to the
modification or termination and waiver of appearance, the
supervised person shall be informed of his or her right to consult
with counsel, and if indigent the right to secure court appointed
counsel. If the supervised person waives his or her right to counsel
a written waiver shall be required. If the supervised person consults
with counsel and thereafter agrees to a modification, revocation,
or termination of the term of supervision and waiver of personal
appearance, the agreement shall be signed by counsel showing
approval for the modification or termination and waiver.

(c) Upon any revocation and termination of probation the court
may, if the sentence has been suspended, pronounce judgment for
any time within the longest period for which the person might have
been sentenced. However, if the judgment has been pronounced
and the execution thereof has been suspended, the court may revoke
the suspension and order that the judgment shall be in full force
and effect. In either case, the person shall be delivered over to the
proper officer to serve his or her sentence, less any credits herein
provided for.

(d) In any case of revocation and termination of probation,
including, but not limited to, cases in which the judgment has been
pronounced and the execution thereof has been suspended, upon
the revocation and termination, the court may, in lieu of any other
sentence, commit the person to the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities if he or she is
otherwise eligible for such commitment.

(e) If probation has been revoked before the judgment has been
pronounced, the order revoking probation may be set aside for
good cause upon motion made before pronouncement of judgment.
If probation has been revoked after the judgment has been
pronounced, the judgment and the order which revoked the
probation may be set aside for good cause within 30 days after the
court has notice that the execution of the sentence has commenced.
If an order setting aside the judgment, the revocation of probation,
or both is made after the expiration of the probationary period, the
court may again place the person on probation for that period and
with those terms and conditions as it could have done immediately
following conviction.

(f) As used in this section, the following definitions shall apply:

(1) “Court” means a judge, magistrate, or revocation hearing
officer described in Section 71622.5 of the Government Code.

(2) “Probation officer” means a probation officer as described
in Section 1203 or an officer of the agency designated by the board
of supervisors of a county to implement postrelease community
supervision pursuant to Section 3451.

(3) “Supervised person” means a person who satisfies any of
the following:

(A) He or she is released on probation subject to the supervision
of a probation officer.

(B) He or she is released on conditional sentence or summary
probation not under the care of a probation officer.

(C) He or she is subject to mandatory supervision pursuant to
subparagraph (B) of paragraph (5) of subdivision (h) of Section
1170.

(D) He or she is subject to revocation of postrelease community
supervision pursuant to Section 3455.

(E) He or she is subject to revocation of parole pursuant to
Section 3000.08.

(g) Nothing in this section affects the authority of the supervising
agency to impose intermediate sanctions, including flash
incarceration, to persons supervised on parole pursuant to Section
3000.8 or postrelease community supervision pursuant to Part 3
(commencing with Section 3450) of Title 2.05.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 3000.08 of the end insert begin insert Penal Code end insert begin insert , as amended by
Section 44 of Chapter 24 of the Statutes of 2012, is amended to
read: end insert

3000.08.  

(a)  begin delete Persons end delete begin insert A person end insert released from state prison on
or after October 1, 2011, after serving a prison begin delete term or, end delete begin insert term, or end insert
whose sentence has been deemed served pursuant to Section
2900.5, for any of the following crimes begin delete shall be end delete begin insert is end insert subject to the
jurisdiction of and parole supervision by the Department of
Corrections and Rehabilitation:

(1) A serious felony as described in subdivision (c) of Section
1192.7.

(2) A violent felony as described in subdivision (c) of Section
667.5.

(3) A crime for which the person was sentenced pursuant to
paragraph (2) of subdivision (e) of Section 667 or paragraph (2)
of subdivision (c) of Section 1170.12.

(4) Any crime begin delete where end delete begin insert for which end insert the person begin delete eligible for release
from prison end delete is classified as a begin delete High Risk Sex Offender. end delete begin insert high risk
sex offender. end insert

(5) Any crime begin delete where end delete begin insert for which end insert the person is required, as a
condition of parole, to undergo treatment by the State Department
of State Hospitals pursuant to Section 2962.

(b) Notwithstanding any other begin delete provision of end delete law, all other
offenders released from prison shall be placed on postrelease
supervision pursuant to Title 2.05 (commencing with Section
3450).

(c) Notwithstanding subdivision (a), any of the following
persons released from state prison shall be subject to the
jurisdiction of, and parole supervision by, the Department of
Corrections and Rehabilitation for a period of parole up to three
years or the parole term the person was subject to at the time of
the commission of the offense, whichever is greater:

(1) The person is required to register as a sex offender pursuant
to Chapter 5.5 (commencing with Section 290) of Title 9 of Part
1, and was subject to a period of parole exceeding three years at
the time he or she committed a felony for which they were
convicted and subsequently sentenced to state prison.

(2) The person was subject to parole for life pursuant to Section
3000.1 at the time of the commission of the offense that resulted
in a conviction and state prison sentence.

(d) Except as described in subdivision (c), any person who is
convicted of a felony that requires community supervision and
who still has a period of state parole to serve shall discharge from
state parole at the time of release to community supervision.

begin insert

(e) Any person released to parole supervision pursuant to
subdivision (a) shall, regardless of any subsequent determination
that the person should have been released pursuant to subdivision
(b), remain subject to subdivision (a) after having served 60 days
under supervision pursuant to subdivision (a).

end insert begin delete

(e)

end delete

begin insert (f) end insert  This section shall be operative only until July 1, 2013, and
as of January 1, 2014, is repealed, unless a later enacted statute,
that is enacted before January 1, 2014, deletes or extends that date.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 3000.08 of the end insert begin insert Penal Code end insert begin insert , as amended by
Section 35 of Chapter 43 of the Statutes of 2012, is amended to
read: end insert

3000.08.  

(a)  begin delete Persons end delete begin insert A person end insert released from state prison prior
to or on or after July 1, 2013, after serving a prison begin delete term or, end delete begin insert term,
or end insert whose sentence has been deemed served pursuant to Section
2900.5, for any of the following crimes begin delete shall be end delete begin insert is end insert subject to parole
supervision by the Department of Corrections and Rehabilitation
and the jurisdiction of the court in the county begin delete where end delete begin insert in which end insert the
parolee is begin delete released end delete begin insert released, resides, end insert or begin delete resides end delete begin insert in which an alleged
violation of supervision has occurred, end insert for the purpose of hearing
petitions to revoke parole and impose a term of custody:

(1) A serious felony as described in subdivision (c) of Section
1192.7.

(2) A violent felony as described in subdivision (c) of Section
667.5.

(3) A crime for which the person was sentenced pursuant to
paragraph (2) of subdivision (e) of Section 667 or paragraph (2)
of subdivision (c) of Section 1170.12.

(4) Any crime begin delete where end delete begin insert for which end insert the person begin delete eligible for release
from prison end delete is classified as a begin delete High Risk Sex Offender. end delete begin insert high risk
sex offender. end insert

(5) Any crime begin delete where end delete begin insert for which end insert the person is required, as a
condition of parole, to undergo treatment by the begin insert State end insert Department
of begin delete Mental Health end delete begin insert State Hospitals end insert pursuant to Section 2962.

(b) Notwithstanding any other begin delete provision of end delete law, all other
offenders released from prison shall be placed on postrelease
supervision pursuant to Title 2.05 (commencing with Section
3450).

(c) At any time during the period of parole of a person subject
to this section, if any parole agent or peace officer has probable
cause to believe that the parolee is violating any term or condition
of his or her parole, the agent or officer may, without warrant or
other process and at any time until the final disposition of the case,
arrest the person and bring him or her before the court, or the court
may, in its discretion, issue a warrant for that person’s arrest
pursuant to Section 1203.2.

(d) Upon review of the alleged violation and a finding of good
cause that the parolee has committed a violation of law or violated
his or her conditions of parole, the supervising parole agency may
impose additional and appropriate conditions of supervision,
including rehabilitation and treatment services and appropriate
incentives for compliance, and impose immediate, structured, and
intermediate sanctions for parole violations, including flash
incarceration in a county jail. Periods of “flash incarceration,” as
defined in subdivision (e) are encouraged as one method of
punishment for violations of a parolee’s conditions of parole.
begin delete Nothing in this end delete begin insert This end insert section begin delete is intended to end delete begin insert does not end insert preclude
referrals to a reentry court pursuant to Section 3015.

(e) “Flash incarceration” is a period of detention in county jail
due to a violation of a parolee’s conditions of parole. The length
of the detention period can range between one and 10 consecutive
days. Shorter, but if necessary more frequent, periods of detention
for violations of a parolee’s conditions of parole shall appropriately
punish a parolee while preventing the disruption in a work or home
establishment that typically arises from longer periods of detention.

(f) If the supervising parole agency has determined, following
application of its assessment processes, that intermediate sanctions
up to and including flash incarceration are not appropriate, the
supervising parole agency shall, pursuant to Section 1203.2,
petition begin insert either end insert the court in the county in which the parolee is being
supervised begin insert or the court in the county in which the alleged violation
of supervision occurred, end insert to revoke parole. At any point during the
process initiated pursuant to this section, a parolee may waive, in
writing, his or her right to counsel, admit the parole violation,
waive a court hearing, and accept the proposed parole modification
or revocation. The petition shall include a written report that
contains additional information regarding the petition, including
the relevant terms and conditions of parole, the circumstances of
the alleged underlying violation, the history and background of
the parolee, and any recommendations. The Judicial Council shall
adopt forms and rules of court to establish uniform statewide
procedures to implement this subdivision, including the minimum
contents of supervision agency reports. Upon a finding that the
person has violated the conditions of parole, the court shall have
authority to do any of the following:

(1) Return the person to parole supervision with modifications
of conditions, if appropriate, including a period of incarceration
in county jail.

(2) Revoke parole and order the person to confinement in the
county jail.

(3) Refer the person to a reentry court pursuant to Section 3015
or other evidence-based program in the court’s discretion.

(g) Confinement pursuant to paragraphs (1) and (2) of
subdivision (f) shall not exceed a period of 180 days in the county
jail.

(h) Notwithstanding any other begin delete provision of end delete law, begin delete in any case
where end delete begin insert if end insert Section 3000.1 or paragraph (4) of subdivision (b) of
Section 3000 applies to a person who is on parole and the court
determines that the person has committed a violation of law or
violated his or her conditions of parole, the person on parole shall
be remanded to the custody of the Department of Corrections and
Rehabilitation and the jurisdiction of the Board of Parole Hearings
for the purpose of future parole consideration.

(i) Notwithstanding subdivision (a), any of the following persons
released from state prison shall be subject to the jurisdiction of,
and parole supervision by, the Department of Corrections and
Rehabilitation for a period of parole up to three years or the parole
term the person was subject to at the time of the commission of
the offense, whichever is greater:

(1) The person is required to register as a sex offender pursuant
to Chapter 5.5 (commencing with Section 290) of Title 9 of Part
1, and was subject to a period of parole exceeding three years at
the time he or she committed a felony for which they were
convicted and subsequently sentenced to state prison.

(2) The person was subject to parole for life pursuant to Section
3000.1 at the time of the commission of the offense that resulted
in a conviction and state prison sentence.

(j) Parolees subject to this section who have a pending
adjudication for a parole violation on July 1, 2013, begin delete shall be end delete begin insert are end insert
subject to the jurisdiction of the Board of Parole Hearings. Parole
revocation proceedings conducted by the Board of Parole Hearings
prior to July 1, 2013, if reopened on or after July 1, 2013, begin delete shall be end delete
begin insert are end insert subject to the jurisdiction of the Board of Parole Hearings.

(k) Except as described in subdivision (c), any person who is
convicted of a felony that requires community supervision and
who still has a period of state parole to serve shall discharge from
state parole at the time of release to community supervision.

begin insert

(l)  Any person released to parole supervision pursuant to
subdivision (a) shall, regardless of any subsequent determination
that the person should have been released pursuant to subdivision
(b), remain subject to subdivision (a) after having served 60 days
under supervision pursuant to subdivision (a).

end insert begin delete

(l)

end delete

begin insert (m) end insert  This section shall become operative on July 1, 2013.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 3003 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

3003.  

(a) Except as otherwise provided in this section, an
inmate who is released on parole or postrelease supervision as
provided by Title 2.05 (commencing with Section 3450) shall be
returned to the county that was the last legal residence of the inmate
prior to his or her incarceration. For purposes of this subdivision,
“last legal residence” shall not be construed to mean the county
wherein the inmate committed an offense while confined in a state
prison or local jail facility or while confined for treatment in a
state hospital.

(b) Notwithstanding subdivision (a), an inmate may be returned
to another county if that would be in the best interests of the public.
If the Board of Parole Hearings setting the conditions of parole
for inmates sentenced pursuant to subdivision (b) of Section 1168,
as determined by the parole consideration panel, or the Department
of Corrections and Rehabilitation setting the conditions of parole
for inmates sentenced pursuant to Section 1170, decides on a return
to another county, it shall place its reasons in writing in the
parolee’s permanent record and include these reasons in the notice
to the sheriff or chief of police pursuant to Section 3058.6. In
making its decision, the paroling authority shall consider, among
others, the following factors, giving the greatest weight to the
protection of the victim and the safety of the community:

(1) The need to protect the life or safety of a victim, the parolee,
a witness, or any other person.

(2) Public concern that would reduce the chance that the
inmate’s parole would be successfully completed.

(3) The verified existence of a work offer, or an educational or
vocational training program.

(4) The existence of family in another county with whom the
inmate has maintained strong ties and whose support would
increase the chance that the inmate’s parole would be successfully
completed.

(5) The lack of necessary outpatient treatment programs for
parolees receiving treatment pursuant to Section 2960.

(c) The Department of Corrections and Rehabilitation, in
determining an out-of-county commitment, shall give priority to
the safety of the community and any witnesses and victims.

(d) In making its decision about an inmate who participated in
a joint venture program pursuant to Article 1.5 (commencing with
Section 2717.1) of Chapter 5, the paroling authority shall give
serious consideration to releasing him or her to the county where
the joint venture program employer is located if that employer
states to the paroling authority that he or she intends to employ
the inmate upon release.

(e) (1) The following information, if available, shall be released
by the Department of Corrections and Rehabilitation to local law
enforcement agencies regarding a paroled inmate or inmate placed
on postrelease supervision pursuant to Title 2.05 (commencing
with Section 3450) who is released in their jurisdictions:

(A) Last, first, and middle name.

(B) Birth date.

(C) Sex, race, height, weight, and hair and eye color.

(D) Date of parole and discharge.

(E) Registration status, if the inmate is required to register as a
result of a controlled substance, sex, or arson offense.

(F) California Criminal Information Number, FBI number, social
security number, and driver’s license number.

(G) County of commitment.

(H) A description of scars, marks, and tattoos on the inmate.

(I) Offense or offenses for which the inmate was convicted that
resulted in parole in this instance.

(J) Address, including all of the following information:

(i) Street name and number. Post office box numbers are not
acceptable for purposes of this subparagraph.

(ii) City and ZIP Code.

(iii) Date that the address provided pursuant to this subparagraph
was proposed to be effective.

(K) Contact officer and unit, including all of the following
information:

(i) Name and telephone number of each contact officer.

(ii) Contact unit type of each contact officer such as units
responsible for parole, registration, or county probation.

(L) A digitized image of the photograph and at least a single
digit fingerprint of the parolee.

(M) A geographic coordinate for the parolee’s residence location
for use with a Geographical Information System (GIS) or
comparable computer program.

begin insert

(2) Unless the information is unavailable, the Department of
Corrections and Rehabilitation shall electronically transmit to the
county agency identified in subdivision (a) of Section 3451 the
inmate’s tuberculosis status, specific medical, mental health, and
outpatient clinic needs, and any medical concerns or disabilities
for the county to consider as the offender transitions onto
postrelease community supervision pursuant to Section 3450, for
the purpose of identifying the medical and mental health needs of
the individual. All transmissions to the county agency shall be in
compliance with applicable provisions of the federal Health
Insurance Portability and Accountability Act of 1996 (HIPAA)
(Public Law 104-191), the federal Health Information Technology
for Clinical Health Act (HITECH) (Public Law 111-005), and the
implementing of privacy and security regulations in Parts 160 and
164 of Title 45 of the Code of Federal Regulations. This paragraph
shall not take effect until the Secretary of the United States
Department of Health and Human Services, or his or her designee,
determines that this provision is not preempted by HIPAA.

end insert begin delete

(2) The

end delete

begin insert (3) end insert begin insert   end insert begin insert Except for the end insert information required by begin insert paragraph (2), the
information required by end insert this subdivision shall come from the
statewide parolee database. The information obtained from each
source shall be based on the same timeframe.

begin delete

(3)

end delete

begin insert (4) end insert  All of the information required by this subdivision shall be
provided utilizing a computer-to-computer transfer in a format
usable by a desktop computer system. The transfer of this
information shall be continually available to local law enforcement
agencies upon request.

begin delete

(4)

end delete

begin insert (5) end insert  The unauthorized release or receipt of the information
described in this subdivision is a violation of Section 11143.

(f) Notwithstanding any other provision of law, an inmate who
is released on parole shall not be returned to a location within 35
miles of the actual residence of a victim of, or a witness to, a
violent felony as defined in paragraphs (1) to (7), inclusive, and
paragraph (16) of subdivision (c) of Section 667.5 or a felony in
which the defendant inflicts great bodily injury on any person other
than an accomplice that has been charged and proved as provided
for in Section 12022.53, 12022.7, or 12022.9, if the victim or
witness has requested additional distance in the placement of the
inmate on parole, and if the Board of Parole Hearings or the
Department of Corrections and Rehabilitation finds that there is a
need to protect the life, safety, or well-being of a victim or witness.

(g) Notwithstanding any other law, an inmate who is released
on parole for a violation of Section 288 or 288.5 whom the
Department of Corrections and Rehabilitation determines poses a
high risk to the public shall not be placed or reside, for the duration
of his or her parole, within one-half mile of any public or private
school including any or all of kindergarten and grades 1 to 12,
inclusive.

(h) Notwithstanding any other law, an inmate who is released
on parole for an offense involving stalking shall not be returned
to a location within 35 miles of the victim’s actual residence or
place of employment if the victim or witness has requested
additional distance in the placement of the inmate on parole, and
if the Board of Parole Hearings or the Department of Corrections
and Rehabilitation finds that there is a need to protect the life,
safety, or well-being of the victim.

(i) The authority shall give consideration to the equitable
distribution of parolees and the proportion of out-of-county
commitments from a county compared to the number of
commitments from that county when making parole decisions.

(j) An inmate may be paroled to another state pursuant to any
other law. The Department of Corrections and Rehabilitation shall
coordinate with local entities regarding the placement of inmates
placed out of state on postrelease supervision pursuant to Title
2.05 (commencing with Section 3450).

(k) (1) Except as provided in paragraph (2), the Department of
Corrections and Rehabilitation shall be the agency primarily
responsible for, and shall have control over, the program, resources,
and staff implementing the Law Enforcement Automated Data
System (LEADS) in conformance with subdivision (e). County
agencies supervising inmates released to postrelease supervision
pursuant to Title 2.05 (commencing with Section 3450) shall
provide any information requested by the department to ensure
the availability of accurate information regarding inmates released
from state prison. This information may include the issuance of
warrants, revocations, or the termination of postrelease supervision.
On or before August 1, 2011, county agencies designated to
supervise inmates released to postrelease supervision shall notify
the department that the county agencies have been designated as
the local entity responsible for providing that supervision.

(2) Notwithstanding paragraph (1), the Department of Justice
shall be the agency primarily responsible for the proper release of
information under LEADS that relates to fingerprint cards.

(l) In addition to the requirements under subdivision (k), the
Department of Corrections and Rehabilitation shall submit to the
Department of Justice data to be included in the supervised release
file of the California Law Enforcement Telecommunications
System (CLETS) so that law enforcement can be advised through
CLETS of all persons on postrelease community supervision and
the county agency designated to provide supervision. The data
required by this subdivision shall be provided via electronic
transfer.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 3451 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

3451.  

(a) Notwithstanding any other law and except for persons
serving a prison term for any crime described in subdivision (b),
all persons released from prison on and after October 1, 2011, or,
whose sentence has been deemed served pursuant to Section 2900.5
after serving a prison term for a felony shall, upon release from
prison and for a period not exceeding three years immediately
following release, be subject to community supervision provided
by a county agency designated by each county’s board of
supervisors which is consistent with evidence-based practices,
including, but not limited to, supervision policies, procedures,
programs, and practices demonstrated by scientific research to
reduce recidivism among individuals under postrelease supervision.

(b) This section shall not apply to any person released from
prison after having served a prison term for any of the following:

(1) A serious felony described in subdivision (c) of Section
1192.7.

(2) A violent felony described in subdivision (c) of Section
667.5.

(3) A crime for which the person was sentenced pursuant to
paragraph (2) of subdivision (e) of Section 667 or paragraph (2)
of subdivision (c) of Section 1170.12.

(4) Any crime begin delete where end delete begin insert for which end insert the person begin delete eligible for release
from prison end delete is classified as a begin delete High Risk Sex Offender. end delete begin insert high risk
sex offender. end insert

(5) Any crime begin delete where end delete begin insert for which end insert the person is required, as a
condition of parole, to undergo treatment by the State Department
of State Hospitals pursuant to Section 2962.

(c) (1) Postrelease supervision under this title shall be
implemented by a county agency according to a postrelease strategy
designated by each county’s board of supervisors.

(2) The Department of Corrections and Rehabilitation shall
inform every prisoner subject to the provisions of this title, upon
release from state prison, of the requirements of this title and of
his or her responsibility to report to the county agency responsible
for serving that inmate. The department shall also inform persons
serving a term of parole for a felony offense who are subject to
this section of the requirements of this title and of his or her
responsibility to report to the county agency responsible for serving
that parolee. Thirty days prior to the release of any person subject
to postrelease supervision by a county, the department shall notify
the county of all information that would otherwise be required for
parolees under subdivision (e) of Section 3003.

begin insert

(d)  Any person released to postrelease community supervision
pursuant to subdivision (a) shall, regardless of any subsequent
determination that the person should have been released to parole
pursuant to Section 3000.08, remain subject to subdivision (a)
after having served 60 days under supervision pursuant to
subdivision (a).

end insert

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 4019.1 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 4019.1. end insert   

(a) Notwithstanding any other law, the sheriff or
county director of corrections may, at his or her discretion, award
additional time credits to any inmate sentenced to the county jail
who participates in an in-custody work or job training program
other than those specified in Section 4019.2, and who is eligible
to receive one day of credit for every one day of incarceration
pursuant to Section 4019. The sheriff or county director of
corrections may instead award one and one-half days of credit for
every one day of incarceration while satisfactorily participating
in work or job training subject to this section.

(b) As used in this section, a work or job training program
includes, but is not limited to, any inmate working on an industrial
farm or industrial road camp as authorized in Section 4101, an
environmental improvement and preservation program, or projects
such as forest and brush fire prevention, forest, brush, and
watershed management, fish and game management, soil
conservation, and forest and watershed revegetation.

end insert

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 5003.2 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 5003.2. end insert   

(a) The Secretary of the Department of Corrections
and Rehabilitation, or his or her designee, shall provide written
notification to any county impacted by the opening, closing, or
changing of location of any reception center that accepts prisoners
from county facilities, or by the opening, closing, or changing of
the location of a parole office. Written notification of these changes
shall also be provided to the California State Association of
Counties, the California State Sheriffs’ Association, and the Chief
Probation Officers of California at least 90 days prior to the
proposed change.

(b) The notification requirement in this section shall not apply
to the opening, closing, or changing of location of a facility due
to an emergency created by a riot, quarantine, or natural disaster.

end insert

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 13821 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

13821.  

(a) For the 2011-12 fiscal year, the Controller shall
allocate 9 percent of the amount deposited in the Local Law
Enforcement Services Account in the Local Revenue Fund 2011
to the California Emergency Management Agency. The Controller
shall allocate these funds on a quarterly basis beginning on October
1. These funds shall be allocated by the Controller pursuant to a
schedule provided by the California Emergency Management
Agency which shall be developed according to the agency’s
existing programmatic guidelines and the following percentages:

(1) The California Multi-Jurisdictional Methamphetamine
Enforcement Teams shall receive 47.52 percent in the 2011-12
fiscal year.

(2) The Multi-Agency Gang Enforcement Consortium shall
receive 0.2 percent in the 2011-12 fiscal year.

(3) The Sexual Assault Felony Enforcement Teams, authorized
by Section 13887, shall receive 12.48 percent in the 2011-12 fiscal
year.

(4) The High Technology Theft Apprehension and Prosecution
Program, authorized by Section 13848.2, shall receive 26.83
percent in the 2011-12 fiscal year.

(5) The Gang Violence Suppression Program authorized by
Section 13826.1, shall receive 3.91 percent in the 2011-12 fiscal
year.

(6) The Central Valley and Central Coast Rural Crime
Prevention Programs, authorized by Sections 14170 and 14180,
shall receive 9.06 percent in the 2011-12 fiscal year.

(b) For the 2011-12 fiscal year, the California Emergency
Management Agency may be reimbursed up to five hundred eleven
thousand dollars ($511,000) from the funds allocated in subdivision
(a) for program administrative costs.

(c) Commencing with the 2012-13 fiscal year, the Controller
shall allocate 8.35 percent of the amount deposited in the
Enhancing Law Enforcement Activities Subaccount in the Local
Revenue Fund 2011 and shall distribute the moneys as follows:

(1) Commencing with the 2012-13 fiscal year, the California
Multi-Jurisdictional Methamphetamine Enforcement Teams shall
receive 47.52 percent and shall be allocated by the Controller
according to the following schedule:

 

Alameda County	1.7109%
Alpine County	0.6327%
Amador County	0.6327%
Butte County	1.6666%
Calaveras County	0.8435%
Colusa County	0.1623%
Contra Costa County	1.3163%
Del Norte County	0.2167%
El Dorado County	1.3716%
Fresno County	5.3775%
Glenn County	0.2130%
Humboldt County	1.0198%
Imperial County	2.5510%
Inyo County	0.6327%
Kern County	5.6938%
Kings County	0.9701%
Lake County	0.6604%
Lassen County	0.2643%
Los Angeles County	5.3239%
Madera County	0.9701%
Marin County	0.6292%
Mariposa County	0.6327%
Mendocino County	0.6846%
Merced County	1.8136%
Modoc County	0.0734%
Mono County	0.6327%
Monterey County	0.9018%
Napa County	0.6803%
Nevada County	0.7482%
Orange County	1.5661%
Placer County	2.6395%
Plumas County	0.1516%
Riverside County	5.6395%
Sacramento County	10.0169%
San Benito County	0.8404%
San Bernardino County	8.9364%
San Diego County	2.5510%
San Francisco County	1.0034%
San Joaquin County	4.6394%
San Luis Obispo County	1.3483%
San Mateo County	1.1224%
Santa Barbara County	1.3483%
Santa Clara County	2.0612%
Santa Cruz County	0.8333%
Shasta County	1.3426%
Sierra County	0.0245%
Siskiyou County	0.3401%
Solano County	1.8979%
Sonoma County	1.1610%
Stanislaus County	3.6272%
Sutter County	0.7177%
Tehama County	0.4808%
Trinity County	0.1044%
Tulare County	2.5306%
Tuolumne County	0.6327%
Ventura County	1.3483%
Yolo County	1.5215%
Yuba County	0.5466%

 

begin insert

(2) Commencing with the 2013-14 fiscal year, the California
Multi-Jurisdictional Methamphetamine Enforcement Teams shall
receive 47.52 percent and shall be allocated in monthly
installments by the Controller according to the following schedule:

end insert

 

begin insert

begin insert Alameda County end insert	begin insert 1.7109% end insert
begin insert Alpine County end insert	begin insert 0.6327% end insert
begin insert Amador County end insert	begin insert 0.6327% end insert
begin insert Butte County end insert	begin insert 1.6666% end insert
begin insert Calaveras County end insert	begin insert 0.8435% end insert
begin insert Colusa County end insert	begin insert 0.1623% end insert
begin insert Contra Costa County end insert	begin insert 1.3163% end insert
begin insert Del Norte County end insert	begin insert 0.2167% end insert
begin insert El Dorado County end insert	begin insert 1.3716% end insert
begin insert Fresno County end insert	begin insert 5.3775% end insert
begin insert Glenn County end insert	begin insert 0.2130% end insert
begin insert Humboldt County end insert	begin insert 1.0198% end insert
begin insert Imperial County end insert	begin insert 2.5510% end insert
begin insert Inyo County end insert	begin insert 0.6327% end insert
begin insert Kern County end insert	begin insert 5.6938% end insert
begin insert Kings County end insert	begin insert 0.9701% end insert
begin insert Lake County end insert	begin insert 0.6604% end insert
begin insert Lassen County end insert	begin insert 0.2643% end insert
begin insert Los Angeles County end insert	begin insert 5.3239% end insert
begin insert Madera County end insert	begin insert 0.9701% end insert
begin insert Marin County end insert	begin insert 0.6292% end insert
begin insert Mariposa County end insert	begin insert 0.6327% end insert
begin insert Mendocino County end insert	begin insert 0.6846% end insert
begin insert Merced County end insert	begin insert 1.8136% end insert
begin insert Modoc County end insert	begin insert 0.0734% end insert
begin insert Mono County end insert	begin insert 0.6327% end insert
begin insert Monterey County end insert	begin insert 0.9018% end insert
begin insert Napa County end insert	begin insert 0.6803% end insert
begin insert Nevada County end insert	begin insert 0.7482% end insert
begin insert Orange County end insert	begin insert 1.5661% end insert
begin insert Placer County end insert	begin insert 2.6395% end insert
begin insert Plumas County end insert	begin insert 0.1516% end insert
begin insert Riverside County end insert	begin insert 5.6395% end insert
begin insert Sacramento County end insert	begin insert 10.0169% end insert
begin insert San Benito County end insert	begin insert 0.8404% end insert
begin insert San Bernardino County end insert	begin insert 8.9364% end insert
begin insert San Diego County end insert	begin insert 2.5510% end insert
begin insert San Francisco County end insert	begin insert 1.0034% end insert
begin insert San Joaquin County end insert	begin insert 4.6394% end insert
begin insert San Luis Obispo County end insert	begin insert 1.3483% end insert
begin insert San Mateo County end insert	begin insert 1.1224% end insert
begin insert Santa Barbara County end insert	begin insert 1.3483% end insert
begin insert Santa Clara County end insert	begin insert 2.0612% end insert
begin insert Santa Cruz County end insert	begin insert 0.8333% end insert
begin insert Shasta County end insert	begin insert 1.3426% end insert
begin insert Sierra County end insert	begin insert 0.0245% end insert
begin insert Siskiyou County end insert	begin insert 0.3401% end insert
begin insert Solano County end insert	begin insert 1.8979% end insert
begin insert Sonoma County end insert	begin insert 1.1610% end insert
begin insert Stanislaus County end insert	begin insert 3.6272% end insert
begin insert Sutter County end insert	begin insert 0.7177% end insert
begin insert Tehama County end insert	begin insert 0.4808% end insert
begin insert Trinity County end insert	begin insert 0.1044% end insert
begin insert Tulare County end insert	begin insert 2.5306% end insert
begin insert Tuolumne County end insert	begin insert 0.6327% end insert
begin insert Ventura County end insert	begin insert 1.3483% end insert
begin insert Yolo County end insert	begin insert 1.5215% end insert
begin insert Yuba County end insert	begin insert 0.5466% end insert

end insert

 

begin delete

(2)

end delete

begin insert (3) end insert  Commencing with the 2012-13 fiscal year, the Multi-Agency
Gang Enforcement Consortium shall receive 0.2 percent and shall
be allocated by the Controller to Fresno County.

begin insert

(4) Commencing with the 2013-14 fiscal year, the Multi-Agency
Gang Enforcement Consortium shall receive 0.2 percent and shall
be allocated in monthly installments by the Controller to Fresno
County.

end insert begin delete

(3)

end delete

begin insert (5) end insert  Commencing with the 2012-13 fiscal year, the Sexual
Assault Felony Enforcement Teams, authorized by Section 13887,
shall receive 12.48 percent and shall be allocated by the Controller
according to the following schedule:

 

Los Angeles County	21.0294%
Riverside County	12.8778%
Sacramento County	14.0198%
San Luis Obispo County	12.0168%
Santa Clara County	17.0238%
Shasta County	12.0168%
Tulare County	11.0156%

 

begin insert

(6) Commencing with the 2013-14 fiscal year, the Sexual Assault
Felony Enforcement Teams, authorized by Section 13887, shall
receive 12.48 percent and shall be allocated by the Controller in
monthly installments according to the following schedule:

end insert

 

begin insert

begin insert Los Angeles County end insert	begin insert 21.0294% end insert
begin insert Riverside County end insert	begin insert 12.8778% end insert
begin insert Sacramento County end insert	begin insert 14.0198% end insert
begin insert San Luis Obispo County end insert	begin insert 12.0168% end insert
begin insert Santa Clara County end insert	begin insert 17.0238% end insert
begin insert Shasta County end insert	begin insert 12.0168% end insert
begin insert Tulare County end insert	begin insert 11.0156% end insert

end insert

 

begin delete

(4)

end delete

begin insert (7) end insert  Commencing with the 2012-13 fiscal year, the High
Technology Theft Apprehension and Prosecution Program,
authorized by Section 13848.2, shall receive 26.83 percent and
shall be allocated by the Controller according to the following
schedule:

 

Los Angeles County	18.25%
Marin County	18.25%
Marin County, for use by the Department of Justice in implementing subdivision (b) of Section 13848.4	7.00%
Marin County, for use by the California District Attorneys Association in implementing subdivision (b) of Section 13848.4	1.75%
Sacramento County	18.25%
San Diego County	18.25%
Santa Clara County	18.25%

 

begin insert

(8) Commencing with the 2013-14 fiscal year, the High
Technology Theft Apprehension and Prosecution Program,
authorized by Section 13848.2, shall receive 26.83 percent and
shall be allocated by the Controller in monthly installments
according to the following schedule:

end insert

 

begin insert

begin insert Los Angeles County end insert	begin insert 18.25% end insert
begin insert Marin County end insert	begin insert 18.25% end insert
begin insert Marin County, for use by the Department of Justice in implementing subdivision (b) of Section 13848.4 end insert	begin insert 7.00% end insert
begin insert Marin County, for use by the California District Attorneys Association in implementing subdivision (b) of Section 13848.4 end insert	begin insert 1.75% end insert
begin insert Sacramento County end insert	begin insert 18.25% end insert
begin insert San Diego County end insert	begin insert 18.25% end insert
begin insert Santa Clara County end insert	begin insert 18.25% end insert

end insert

 

begin delete

(5)

end delete

begin insert (9) end insert  Commencing with the 2012-13 fiscal year, the Gang
Violence Suppression Program, authorized by Section 13826.1,
shall receive 3.91 percent and shall be allocated by the Controller
according to the following schedule:

 

Alameda County	9.6775%
Los Angeles County	22.5808%
Monterey County	9.6775%
Napa County	17.7417%
City of Oxnard	17.7417%
City of Sacramento	22.5808%

 

begin insert

(10) Commencing with the 2013-14 fiscal year, the Gang
Violence Suppression Program, authorized by Section 13826.1,
shall receive 3.91 percent and shall be allocated by the Controller
in monthly installments according to the following schedule:

end insert

 

begin insert

begin insert Alameda County end insert	begin insert 9.6775% end insert
begin insert Los Angeles County end insert	begin insert 22.5808% end insert
begin insert Monterey County end insert	begin insert 9.6775% end insert
begin insert Napa County end insert	begin insert 17.7417% end insert
begin insert City of Oxnard end insert	begin insert 17.7417% end insert
begin insert City of Sacramento end insert	begin insert 22.5808% end insert

end insert

 

begin delete

(6)

end delete

begin insert (11) end insert  Commencing with the 2012-13 fiscal year, the Central
Valley and Central Coast Rural Crime Prevention Programs,
authorized by Sections 14170 and 14180, shall receive 9.06 percent
and shall be allocated by the Controller according to the following
schedule:

 

Fresno County	18.5588%
Kern County	13.7173%
Kings County	6.8587%
Madera County	4.4380%
Merced County	6.8587%
Monterey County	7.2411%
San Benito County	4.8273%
San Joaquin County	6.8587%
San Luis Obispo County	2.1723%
Santa Barbara County	3.6206%
Santa Cruz County	1.4482%
Stanislaus County	6.8587%
Tulare County	16.5415%

 

begin insert

(12) Commencing with the 2013-14 fiscal year, the Central
Valley and Central Coast Rural Crime Prevention Programs,
authorized by Sections 14170 and 14180, shall receive 9.06 percent
and shall be allocated by the Controller in monthly installments
according to the following schedule:

end insert

 

begin insert

begin insert Fresno County end insert	begin insert 18.5588% end insert
begin insert Kern County end insert	begin insert 13.7173% end insert
begin insert Kings County end insert	begin insert 6.8587% end insert
begin insert Madera County end insert	begin insert 4.4380% end insert
begin insert Merced County end insert	begin insert 6.8587% end insert
begin insert Monterey County end insert	begin insert 7.2411% end insert
begin insert San Benito County end insert	begin insert 4.8273% end insert
begin insert San Joaquin County end insert	begin insert 6.8587% end insert
begin insert San Luis Obispo County end insert	begin insert 2.1723% end insert
begin insert Santa Barbara County end insert	begin insert 3.6206% end insert
begin insert Santa Cruz County end insert	begin insert 1.4482% end insert
begin insert Stanislaus County end insert	begin insert 6.8587% end insert
begin insert Tulare County end insert	begin insert 16.5415% end insert

end insert

 

(d) For any of the programs described in this section, funding
will be distributed by local agencies as would otherwise have
occurred pursuant to Section 1 of Chapter 13 of the Statutes of
2011, First Extraordinary Session.

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 1955 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

1955.  

(a) The allocation amount for each county from the
Youthful Offender Block Grant Fund for offenders subject to
Sections 733, 1766, and 1767.35 shall be allocated in four equal
installments, to be paid in September, December, March, and June
of each fiscal year, begin insert until June 30, 2013. Commencing with the
2013-14 fiscal year, the allocation amount for each county from
the Youthful Offender Block Grant Special Account established in
paragraph (2) of subdivision (c) of Section 30025 of the
Government Code for offenders subject to Sections 733, 1766, and
1767.35 shall be allocated in monthly installments. In each fiscal
year, the allocation amount shall be determined end insert as follows:

(1) Fifty percent based on the number of the county’s juvenile
felony court dispositions, according to the most recent data
compiled by the Department of Justice, calculated as a percentage
of the state total.

(2) Fifty percent based on the county’s population of minors
from 10 to 17 years of age, inclusive, according to the most recent
data published by the Department of Finance, calculated as a
percentage of the state total.

(b) Each county shall receive a minimum block grant allocation
of fifty-eight thousand five hundred dollars ($58,500) for the
2007-08 fiscal year, and a minimum block grant allocation of one
hundred seventeen thousand dollars ($117,000) for each fiscal year
thereafter.

(c) Commencing with the 2008-09 fiscal year, allocations shall
be available to counties that have met the requirements of Section
1961.

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 1984 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

1984.  

(a) The amount allocated to each county probation
department from the Juvenile Reentry Grant shall be distributed
in two equal payments to be paid on October 30 and May 30 of
each fiscal begin insert year, until June 30, 2013. Commencing with the
2013-14 fiscal year, the amount allocated to each county probation
department from the Juvenile Reentry Grant Special Account
established in paragraph (2) of subdivision (c) of Section 30025
of the Government Code shall be allocated in monthly installments.
In each fiscal end insert year begin insert the amount allocated to each county probation
department from the Juvenile Reentry Grant Special Account shall
be distributed end insert pursuant to the criteria set forth in begin insert subdivisions (b)
to (g), inclusive, of end insert this section.

(b) Consistent with Sections 1766 and 1766.01, funds shall be
allocated in the amount of fifteen thousand dollars ($15,000) on
an average daily population basis per ward discharged to the
jurisdiction of the court and ordered by the court to be supervised
by local county probation for monitoring and services during the
previous fiscal year based on the actual number of discharged
wards supervised at the local level. For each discharged ward, this
funding shall be provided for 24 months.

(c) Consistent with Sections 208.5, 1767.35, and 1767.36, funds
shall be allocated in the amount of one hundred fifteen thousand
dollars ($115,000) on an average daily population basis per
discharged ward transferred to a local juvenile facility for violating
a condition of court-ordered supervision during the previous fiscal
year based on the actual number of discharged wards housed in a
local juvenile detention facility or court-ordered placement facility
where the costs of the housing is not reimbursable to the county
through Title IV-E of the federal Social Security Act, or Medi-Cal.
For each discharged ward, this funding shall be provided for the
actual number of months the ward is housed in a facility up to 12
months. This funding shall not be provided for wards housed in a
jail under any circumstances.

(d) Consistent with Section 731.1, funds shall be allocated in
the amount of fifteen thousand dollars ($15,000) on an average
daily population basis per parolee recalled by the county of
commitment for monitoring and services during the previous fiscal
year based on the actual number of parolees recalled. For each
recalled parolee, this funding shall be provided for the remaining
duration of the term of state supervision, not to exceed 24 months.

(e) Consistent with Sections 1766 and 1766.01, funds shall be
allocated in the amount of fifteen thousand dollars ($15,000) on
an average daily population basis per discharged ward transferred
to the county of commitment for monitoring and services during
the previous fiscal year based on the actual number of wards
transferred. For each ward transferred on and after July 1, 2014,
this funding shall be provided for the remaining duration of the
term of juvenile court jurisdiction, not to exceed 24 months.

(f) Consistent with Sections 208.5, 1767.35, and 1767.36, no
additional funding, beyond the initial fifteen thousand dollars
($15,000) provided pursuant to subdivision (b) shall be allocated
to counties for discharged wards who are housed in county jail or
in any other county correctional facility for violating a condition
of court-ordered supervision during the previous fiscal year.

(g) Consistent with Sections 208.5, 1767.35, and 1767.36, no
additional funding, beyond the initial fifteen thousand dollars
($15,000) provided pursuant to subdivision (b) shall be allocated
to counties for discharged wards who are housed in a state juvenile
facility for violating a condition of court-ordered supervision during
the previous fiscal year.

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 18220 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

18220.  

(a) For the 2011-12 fiscal year, the Controller shall
allocate 33.38 percent of the funds deposited in the Local Law
Enforcement Services Account in the Local Revenue Fund 2011
for purposes of Section 18221.

(b)  begin insert (1) end insert begin insert   end insert Commencing with the 2012-13 fiscal year, the
Controller shall allocate 30.99 percent of the funds deposited in
the Enhancing Law Enforcement Activities Subaccount in the
Local Revenue Fund 2011 begin insert according to the schedule in subdivision
(c), end insert for purposes of Section 18221.

begin insert

(2) Commencing with the 2013-14 fiscal year, the Controller
shall allocate, in monthly installments, the funds specified in
paragraph (1) in accordance with subdivision (c).

end insert

(c) The Controller shall allocate funds to local jurisdictions to
support juvenile probation activities according to the following
schedule:

 

Alameda County	3.9522%
Alpine County	0.0004%
Amador County	0.0597%
Butte County	0.3193%
Calaveras County	0.0611%
Colusa County	0.0341%
Contra Costa County	2.6634%
Del Norte County	0.1170%
El Dorado County	0.3016%
Fresno County	2.1547%
Glenn County	0.0536%
Humboldt County	0.1696%
Imperial County	0.3393%
Inyo County	0.1432%
Kern County	2.5687%
Kings County	0.3839%
Lake County	0.1866%
Lassen County	0.0543%
Los Angeles County	40.1353%
Madera County	0.2399%
Marin County	0.3742%
Mariposa County	0.0133%
Mendocino County	0.1975%
Merced County	0.3464%
Modoc County	0.0213%
Mono County	0.0071%
Monterey County	0.6039%
Napa County	0.3520%
Nevada County	0.1244%
Orange County	8.4582%
Placer County	0.2667%
Plumas County	0.0273%
Riverside County	3.2234%
Sacramento County	2.1350%
San Benito County	0.2136%
San Bernardino County	3.4715%
San Diego County	5.6095%
San Francisco County	1.9161%
San Joaquin County	0.8854%
San Luis Obispo County	0.6007%
San Mateo County	1.8974%
Santa Barbara County	1.6561%
Santa Clara County	5.8082%
Santa Cruz County	0.6128%
Shasta County	0.4116%
Sierra County	0.0037%
Siskiyou County	0.0750%
Solano County	1.0363%
Sonoma County	1.3043%
Stanislaus County	0.5275%
Sutter County	0.1344%
Tehama County	0.1444%
Trinity County	0.0346%
Tulare County	1.4116%
Tuolumne County	0.0706%
Ventura County	1.7193%
Yolo County	0.2543%
Yuba County	0.1125%

 

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 18220.1 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

18220.1.  

(a) For the 2011-12 fiscal year, the Controller shall,
on a quarterly basis beginning October 1, allocate 6.47 percent of
the funds deposited in the Local Law Enforcement Services
Account in the Local Revenue Fund 2011 pursuant to a schedule
provided by the Department of Corrections and Rehabilitation.
The department’s schedule shall provide for the allocation of funds
appropriated in the annual Budget Act, and included in the Local
Law Enforcement Services Account, among counties that operate
juvenile camps and ranches based on the number of occupied beds
in each camp as of 12:01 a.m. each day, up to the Corrections
Standards Authority rated maximum capacity, as determined by
the Corrections Standards Authority.

(b) Commencing with the 2012-13 fiscal year, the Controller
shall allocate 6.01 percent of the funds deposited in the Enhancing
Law Enforcement Activities Subaccount in the Local Revenue
Fund 2011 pursuant to the schedule provided by the Department
of Finance based on data reported to the Board of State and
Community Corrections. The schedule shall provide for the
allocation of funds appropriated in the annual Budget Act, and
included in the Enhancing Law Enforcement Activities Subaccount,
among counties that operate juvenile camps and ranches based on
the number of occupied beds in each camp as of 12:01 a.m. each
day, up to the rated maximum capacity, as determined by the board.
Allocations shall be made following the end of each fiscal quarter,
beginning July 1, 2012, to account for beds occupied in that quarter.

begin insert

(c) Commencing with the 2013-14 fiscal year, the Controller
shall allocate 6.01 percent of the funds deposited in the Enhancing
Law Enforcement Activities Subaccount in the Local Revenue Fund
2011 pursuant to the schedule provided by the Department of
Finance based on data reported to the Board of State and
Community Corrections. The schedule shall provide for the
allocation of funds appropriated in the annual Budget Act, and
included in the Enhancing Law Enforcement Activities Subaccount,
among counties that operate juvenile camps and ranches based
on the number of occupied beds in each camp as of 12:01 a.m.
each day, up to the rated maximum capacity, as determined by the
board. Allocations shall be made in monthly installments.

end insert

begin insert

begin insert SEC. 19. end insert   

end insert begin insert

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.

end insert

begin insert

begin insert SEC. 20. end insert   

end insert begin insert

The amount of two thousand dollars ($2,000) is
hereby appropriated from the California Bingo Fund to the
Gambling Control Commission for the purpose of supporting
workload associated with the licensing of remote caller being
vendors, and shall be available for encumbrance and expenditure
until June 30, 2014.

end insert

begin insert

begin insert SEC. 21. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

It is the intent of the Legislature to enact statutory
changes relating to the Budget Act of 2013.

end delete