Amended in Senate June 13, 2013

Amended in Senate June 12, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 81


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

January 10, 2013


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.

LEGISLATIVE COUNSEL’S DIGEST

AB 81, as amended, Committee on Budget. Public safety.

(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.

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.

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.

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.

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.

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.

(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.

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

(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.

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.

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.

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.

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.

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.

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

(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.

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.

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.

(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.

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.

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.

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.

(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.

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.

(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.

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.

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

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.

(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.

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.

(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.

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

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.

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

P7    1

SECTION 1.  

Section 29552 of the Government Code is
2amended to read:

3

29552.  

(a) (1) Commencing with the 2007-08 fiscal year, all
4counties and cities and counties that charged fees pursuant to
P8    1Section 29550 and cities with Type One detention facilities that
2charged fees pursuant to Section 29550.3 during the 2006-07 fiscal
3year may apply to the Controller to receive funding provided
4pursuant to subdivision (b) that is equal to the fee revenue received
5by the county, city and county, or city during the 2006-07 fiscal
6year, to the extent that funding is appropriated therefore in the
7annual budget act or other appropriation legislation. If insufficient
8funds are appropriated to equal the full amount of fees received
9in the 2006-07 fiscal year, each county, city and county and city
10that applies for funding shall receive a share of the appropriated
11funds proportionate to the share of fees it received in the 2006-07
12fiscal year compared to the statewide total reported to the
13Controller.

14(2) The remaining portion of any amount appropriated for
15purposes of this section shall be paid proportionally to all counties,
16cities and counties, and cities based on the number of bookings
17within each county during the year previous to the current payment.

18(b) Commencing with the 2011-12 fiscal year, payments
19authorized by this section shall be fully funded from the Local
20Law Enforcement Services Account in the Local Revenue Fund
212011. The Controller shall allocate thirty-five million dollars
22($35,000,000) of the moneys annually deposited in the Local Law
23Enforcement Services Account in the Local Revenue Fund 2011
24for purposes of these payments.

25(c) Commencing with the 2012-13 fiscal year, the Controller
26shall allocate funds from the Enhancing Law Enforcement
27Activities 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

 

P10   7(d) Commencing with the 2013-14 fiscal year, the Controller
8shall allocate funds from the Enhancing Law Enforcement
9Activities Subaccount in monthly installments. The annual
10payments to be made to each jurisdiction are 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

 

P11  29

SEC. 2.  

Section 30027.9 of the Government Code is amended
30to read:

31

30027.9.  

(a) (1) For the 2012-13 fiscal year, from the Sales
32and Use Tax Growth Account, the Controller shall allocate 65
33percent to the Support Services Growth Subaccount and 35 percent
34to the Law Enforcement Services Growth Subaccount.

35(2) For the 2013-14 fiscal year, from the Sales and Use Tax
36Growth Account, the Controller shall first allocate to the Support
37Services Account and the Law Enforcement Services Account the
38amounts necessary to provide full base funding or the appropriate
39level of funding as described in this section. If there are insufficient
40moneys to fully fund the accounts, the available funds shall be
P12   1distributed in the same proportions as the two accounts received
2from the Local Revenue Fund 2011 in the 2013-14 fiscal year. If
3there are funds remaining after base funding has been restored,
4the Controller shall allocate 65 percent of those remaining funds
5to the Support Services Growth Subaccount and 35 percent to the
6Law Enforcement Services Growth Subaccount.

7(A) The amount necessary to provide the appropriate level of
8funding for the Law Enforcement Services Account shall be the
9sum of the following:

10(i) The greater of the amounts that either the predecessor of the
11Trial Court Security Subaccount received in the 2011-12 fiscal
12year, or the total amount the Trial Court Security Subaccount and
13the Trial Court Security Growth Special Account received in the
142012-13 fiscal year.

15(ii) The greater of the amounts that either the predecessor of the
16Juvenile Justice Subaccount received in the 2011-12 fiscal year,
17or the total amount the Juvenile Justice Subaccount and the Juvenile
18Justice Growth Special Account received in the 2012-13 fiscal
19year.

20(iii) The maximum amount authorized to be allocated pursuant
21to paragraph (2) of subdivision (e) of Section 30027.5 to the
22Community Corrections Subaccount.

23(iv) The maximum amount authorized to be allocated pursuant
24to paragraph (3) of subdivision (e) of Section 30027.5 to the
25District Attorney and Public Defender Subaccount.

26(B) The amount necessary to provide full base funding for the
27Support Services Account shall be the sum of the following:

28(i) The maximum amount authorized to be allocated pursuant
29to paragraph (1) of subdivision (f) of Section 30027.5 to the
30Behavioral Health Subaccount.

31(ii) The maximum amount authorized to be allocated pursuant
32to paragraph (2) of subdivision (f) of Section 30027.5 to the
33Protective Services Subaccount.

34(3) For the 2014-15 fiscal year, from the Sales and Use Tax
35Growth Account, the Controller shall first allocate to the Support
36Services Account and the Law Enforcement Services Account the
37amounts necessary to provide full base funding or the appropriate
38level of funding as described in this section. If there are insufficient
39moneys to fully fund the accounts, the available funds shall be
40distributed in the same proportions as the two accounts received
P13   1from the Local Revenue Fund 2011 in the 2014-15 fiscal year. If
2there are funds remaining after base funding has been restored,
3the Controller shall allocate 65 percent of the remaining funds to
4the Support Services Growth Subaccount and 35 percent to the
5Law Enforcement Services Growth Subaccount.

6(A) The amount necessary to provide the appropriate level of
7funding for the Law Enforcement Services Account shall be the
8sum of the following:

9(i) The greater of either the total amount received by the Trial
10Court Security Subaccount and the Trial Court Security Growth
11Special Account in a single fiscal year beginning with the 2012-13
12fiscal year or the amount the applicable predecessor account
13received in the 2011-12 fiscal year.

14(ii) The greater of either the total amount received by the
15Juvenile Justice Subaccount and the Juvenile Justice Growth
16Special Account in a single fiscal year beginning with the 2012-13
17fiscal year or the amount the applicable predecessor account
18received in the 2011-12 fiscal year.

19(iii) The greatest amount received by the Community
20Corrections Subaccount in a single year beginning with the
212012-13 fiscal year.

22(iv) The greatest amount received by the District Attorney and
23Public Defender Subaccount in a single year beginning with the
242012-13 fiscal year.

25(B) The amount necessary to provide full funding for the Support
26Services Account shall be the sum of the following:

27(i) The greater of either the maximum amount that could be
28allocated pursuant to paragraph (1) of subdivision (f) of Section
2930027.5 or the largest combined total amounts actually received
30by the Behavioral Health Subaccount and the Behavioral Health
31Services Growth Special Account in any single year beginning
32with the 2012-13 fiscal year.

33(ii) The greater of either the maximum amount that was allocated
34pursuant to paragraph (2) of subdivision (f) of Section 30027.5,
35or the amount that was allocated pursuant to paragraph (2) of
36subdivision (f) of Section 30027.6, to the Protective Services
37Subaccount.

38(4) For the 2015-16 fiscal year, and for each subsequent fiscal
39year, from the Sales and Use Tax Growth Account, the Controller
40shall first allocate to the Support Services Account and the Law
P14   1Enforcement Services Account the amounts necessary to provide
2full base funding as described in this section. If there are
3insufficient moneys to fully fund the accounts, the available funds
4shall be distributed in the same proportions as the two accounts
5received funding from the Local Revenue Fund 2011 in that fiscal
6year. If there are funds remaining after base funding has been
7restored, the Controller shall allocate 65 percent of the remaining
8funds to the Support Services Growth Subaccount and 35 percent
9to the Law Enforcement Services Growth Subaccount.

10(A) The amount necessary to provide full base funding for the
11Law Enforcement Services Account shall be the sum of the
12following:

13(i) The greater of either the total combined amount received by
14the Trial Court Security Subaccount and the Trial Court Security
15Growth Special Account in any single fiscal year beginning with
16the 2012-13 fiscal year or the amount the applicable predecessor
17account received in 2011-12.

18(ii) The greater of either the total combined amount received
19by the Juvenile Justice Subaccount and the Juvenile Justice Growth
20Special Account in any single fiscal year beginning with the
212012-13 fiscal year or the amount the applicable predecessor
22account received in 2011-12.

23(iii) The greater of either the total combined amount received
24by the Community Corrections Subaccount and the Community
25Corrections Growth Special Account in any single fiscal year
26beginning with the 2014-15 fiscal year, or the highest amount the
27Community Corrections Subaccount or its predecessor was
28authorized to receive in any single fiscal year beginning with the
292012-13 fiscal year.

30(iv) The greater of either the total combined amount received
31by the District Attorney and Public Defender Subaccount and the
32District Attorney and Public Defender Growth Special Account
33in any single fiscal year beginning with the 2014-15 fiscal year,
34or the highest amount the District Attorney and Public Defender
35Subaccount or its predecessor was authorized to receive in any
36single fiscal year beginning with the 2012-13 fiscal year.

37(B) The amount necessary to provide full base funding for the
38Support Services Account shall be the sum of the following:

39(i) The greater of either the maximum amount that was allocated
40pursuant to paragraph (1) of subdivision (f) of Section 30027.5,
P15   1or the highest combined total amounts received by the Behavioral
2Health Subaccount and the Behavioral Health Services Growth
3Special Account, in any single fiscal year beginning with the
42012-13 fiscal year.

5(ii) The greatest of the following: the maximum amount that
6was allocated pursuant to paragraph (2) of subdivision (f) of
7Section 30027.5; the amount that was allocated pursuant to
8paragraph (2) of subdivision (f) of Section 30027.6 for the
9Protective Services Subaccount; or the highest combined total
10amount received by the Protective Services Subaccount and the
11Protective Services Growth Special Account in any single fiscal
12year beginning with the 2012-13 fiscal year.

13(b) (1) Commencing with the 2012-13 fiscal year, the
14Controller shall allocate funds from the Law Enforcement Services
15Growth Subaccount as follows:

16(A) Ten percent to the Trial Court Security Growth Special
17Account.

18(B) Five percent to the District Attorney and Public Defender
19Growth Special Account.

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

21(D) Seventy-five percent to the Community Corrections Growth
22Special Account.

23(2) The total allocations to the Trial Court Security Growth
24Special Account and the Juvenile Justice Growth Special Account
25shall be included in the year to which the growth is attributable
26when determining the base funding level for the Trial Court
27Security Subaccount and the Juvenile Justice Subaccount
28respectively, beginning in the 2013-14 fiscal year. The total
29allocations to the District Attorney and Public Defender Growth
30Special Account and the Community Corrections Growth Special
31Account shall be included in the year to which the growth is
32attributable when determining the base allocation for the respective
33subaccounts of those accounts beginning in the 2015-16 fiscal
34year.

35(c) In the 2012-13 fiscal year, the Controller shall allocate funds
36from the Support Services Growth Subaccount as follows:

37(1) Five percent to the Mental Health Subaccount of the Sales
38Tax Account in the Local Revenue Fund as established by
39paragraph (1) of subdivision (b) of Section 17600 of the Welfare
40and Institutions Code.

P16   1(2) Forty percent to the Protective Services Growth Special
2Account for the provision of child welfare services.

3(3) To the Protective Services Growth Special Account: 42.03
4percent.

5(4) To the Behavioral Health Services Growth Special Account:
612.97 percent.

7(d) (1) Beginning in the 2013-14 fiscal year, and until the
8Director of Finance provides to the Controller the certification
9described in paragraph (3), the Controller shall allocate funds from
10the Support Services Growth Subaccount as follows:

11(A) Five percent to the Mental Health Subaccount of the Sales
12Tax Account in the Local Revenue Fund as established by
13paragraph (1) of subdivision (b) of Section 17600 of the Welfare
14and Institutions Code.

15(B) Forty percent to the Protective Services Growth Special
16Account for the provision of child welfare services.

17(C) To the Protective Services Growth Special Account: 21.81
18percent.

19(D) To the Behavioral Health Services Growth Special Account:
2033.19 percent.

21(2) The total allocations to the Protective Services Growth
22Special Account and the Behavioral Health Services Growth
23Special Account provided by this subdivision shall be included as
24funding in the year in which the allocation is made for determining
25the base funding level for the following fiscal year.

26(3) Once a total of two hundred million dollars ($200,000,000)
27has been allocated to the Protective Services Growth Special
28Account pursuant to paragraph (2) of subdivision (c) and
29subparagraph (B) of paragraph (1), the Director of Finance shall
30certify that fact to the Controller. Upon that certification, this
31subdivision shall become inoperative.

32(e) (1) In every fiscal year, after subdivision (d) becomes
33inoperative, the Controller shall allocate funds from the Support
34Services Growth Subaccount as follows:

35(A) Five percent to the Mental Health Subaccount of the Sales
36Tax Account in the Local Revenue Fund as established by
37paragraph (1) of subdivision (b) of Section 17600 of the Welfare
38and Institutions Code.

39(B) Forty-five percent to the Protective Services Growth Special
40Account.

P17   1(C) Fifty percent to the Behavioral Health Services Growth
2Special Account.

3(2) The total allocations to the Protective Services Growth
4Special Account and Behavioral Health Services Growth Special
5Account provided by this section shall be included as funding in
6the year in which the allocation is made for determining the base
7funding level for the following fiscal year.

8

SEC. 3.  

Section 30061 of the Government Code is amended
9to read:

10

30061.  

(a) There shall be established in each county treasury
11a Supplemental Law Enforcement Services Account (SLESA), to
12receive all amounts allocated to a county for purposes of
13implementing this chapter.

14(b) In any fiscal year for which a county receives moneys to be
15expended for the implementation of this chapter, the county auditor
16shall allocate the moneys in the county’s SLESA within 30 days
17of the deposit of those moneys into the fund. The moneys shall be
18allocated as follows:

19(1) Five and fifteen-hundredths percent to the county sheriff for
20county jail construction and operation. In the case of Madera,
21Napa, and Santa Clara Counties, this allocation shall be made to
22the county director or chief of corrections.

23(2) Five and fifteen-hundredths percent to the district attorney
24for criminal prosecution.

25(3) Thirty-nine and seven-tenths percent to the county and the
26cities within the county, and, in the case of San Mateo, Kern,
27Siskiyou, and Contra Costa Counties, also to the Broadmoor Police
28Protection District, the Bear Valley Community Services District,
29the Stallion Springs Community Services District, the Lake
30Shastina Community Services District, and the Kensington Police
31Protection and Community Services District, in accordance with
32the relative population of the cities within the county and the
33unincorporated area of the county, and the Broadmoor Police
34Protection District in the County of San Mateo, the Bear Valley
35Community Services District and the Stallion Springs Community
36Services District in Kern County, the Lake Shastina Community
37Services District in Siskiyou County, and the Kensington Police
38Protection and Community Services District in Contra Costa
39County, as specified in the most recent January estimate by the
40population research unit of the Department of Finance, and as
P18   1adjusted to provide, except as provided in subdivision (j), a grant
2of at least one hundred thousand dollars ($100,000) to each law
3enforcement jurisdiction. For a newly incorporated city whose
4population estimate is not published by the Department of Finance,
5but that was incorporated prior to July 1 of the fiscal year in which
6an allocation from the SLESA is to be made, the city manager, or
7an appointee of the legislative body, if a city manager is not
8available, and the county administrative or executive officer shall
9prepare a joint notification to the Department of Finance and the
10county auditor with a population estimate reduction of the
11unincorporated area of the county equal to the population of the
12newly incorporated city by July 15, or within 15 days after the
13Budget Act is enacted, of the fiscal year in which an allocation
14from the SLESA is to be made. No person residing within the
15Broadmoor Police Protection District, the Bear Valley Community
16Services District, the Stallion Springs Community Services District,
17the Lake Shastina Community Services District, or the Kensington
18Police Protection and Community Services District shall also be
19counted as residing within the unincorporated area of the County
20of San Mateo, Kern, Siskiyou, or Contra Costa, or within any city
21located within those counties. Except as provided in subdivision
22(j), the county auditor shall allocate a grant of at least one hundred
23thousand dollars ($100,000) to each law enforcement jurisdiction.
24Moneys allocated to the county pursuant to this subdivision shall
25be retained in the county SLESA, and moneys allocated to a city
26pursuant to this subdivision shall be deposited in an SLESA
27established in the city treasury.

28(4) Fifty percent to the county or city and county to implement
29a comprehensive multiagency juvenile justice plan as provided in
30this paragraph. The juvenile justice plan shall be developed by the
31local juvenile justice coordinating council in each county and city
32and county with the membership described in Section 749.22 of
33the Welfare and Institutions Code. If a plan has been previously
34approved by the Corrections Standards Authority or, commencing
35July 1, 2012, by the Board of State and Community Corrections,
36the plan shall be reviewed and modified annually by the council.
37The plan or modified plan shall be approved by the county board
38of supervisors, and in the case of a city and county, the plan shall
39also be approved by the mayor. The plan or modified plan shall
P19   1be submitted to the Board of State and Community Corrections
2by May 1 of each year.

3(A) Juvenile justice plans shall include, but not be limited to,
4all of the following components:

5(i) An assessment of existing law enforcement, probation,
6education, mental health, health, social services, drug and alcohol,
7and youth services resources that specifically target at-risk
8juveniles, juvenile offenders, and their families.

9(ii) An identification and prioritization of the neighborhoods,
10schools, and other areas in the community that face a significant
11public safety risk from juvenile crime, such as gang activity,
12daylight burglary, late-night robbery, vandalism, truancy, controlled
13substances sales, firearm-related violence, and juvenile substance
14abuse and alcohol use.

15(iii) A local juvenile justice action strategy that provides for a
16continuum of responses to juvenile crime and delinquency and
17demonstrates a collaborative and integrated approach for
18implementing a system of swift, certain, and graduated responses
19for at-risk youth and juvenile offenders.

20(iv) Programs identified in clause (iii) that are proposed to be
21funded pursuant to this subparagraph, including the projected
22amount of funding for each program.

23(B) Programs proposed to be funded shall satisfy all of the
24following requirements:

25(i) Be based on programs and approaches that have been
26demonstrated to be effective in reducing delinquency and
27addressing juvenile crime for any elements of response to juvenile
28crime and delinquency, including prevention, intervention,
29suppression, and incapacitation.

30(ii) Collaborate and integrate services of all the resources set
31forth in clause (i) of subparagraph (A), to the extent appropriate.

32(iii) Employ information sharing systems to ensure that county
33actions are fully coordinated, and designed to provide data for
34measuring the success of juvenile justice programs and strategies.

35(iv) Adopt goals related to the outcome measures that shall be
36used to determine the effectiveness of the local juvenile justice
37action strategy.

38(C) The plan shall also identify the specific objectives of the
39programs proposed for funding and specified outcome measures
40to determine the effectiveness of the programs and contain an
P20   1accounting for all program participants, including those who do
2not complete the programs. Outcome measures of the programs
3proposed to be funded shall include, but not be limited to, all of
4the following:

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

6(ii) The rate of successful completion of probation.

7(iii) The rate of successful completion of restitution and
8court-ordered community service responsibilities.

9(iv) Arrest, incarceration, and probation violation rates of
10program participants.

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

12(D) The Board of State and Community Corrections shall review
13plans or modified plans submitted pursuant to this paragraph within
1430 days upon receipt of submitted or resubmitted plans or modified
15plans. The board shall approve only those plans or modified plans
16that fulfill the requirements of this paragraph, and shall advise a
17submitting county or city and county immediately upon the
18approval of its plan or modified plan. The board shall offer, and
19provide, if requested, technical assistance to any county or city
20and county that submits a plan or modified plan not in compliance
21with the requirements of this paragraph. The SLESA shall only
22allocate funding pursuant to this paragraph upon notification from
23the board that a plan or modified plan has been approved.

24(E) To assess the effectiveness of programs funded pursuant to
25this paragraph using the program outcome criteria specified in
26subparagraph (C), the following periodic reports shall be submitted:

27(i) Each county or city and county shall report, beginning
28October 15, 2002, and annually each October 15 thereafter, to the
29county board of supervisors and the Board of State and Community
30Corrections, in a format specified by the board, on the programs
31funded pursuant to this chapter and program outcomes as specified
32in subparagraph (C).

33(ii) The Board of State and Community Corrections shall
34compile the local reports and, by March 15, 2003, and annually
35thereafter, make a report to the Governor and the Legislature on
36program expenditures within each county and city and county from
37the appropriation for the purposes of this paragraph, on the
38outcomes as specified in subparagraph (C) of the programs funded
39pursuant to this paragraph and the statewide effectiveness of the
40comprehensive multiagency juvenile justice plans.

P21   1(c) Subject to subdivision (d), for each fiscal year in which the
2county, each city, the Broadmoor Police Protection District, the
3Bear Valley Community Services District, the Stallion Springs
4Community Services District, the Lake Shastina Community
5Services District, and the Kensington Police Protection and
6Community Services District receive moneys pursuant to paragraph
7(3) of subdivision (b), the county, each city, and each district
8specified in this subdivision shall appropriate those moneys in
9accordance with the following procedures:

10(1) In the case of the county, the county board of supervisors
11shall appropriate existing and anticipated moneys exclusively to
12provide frontline law enforcement services, other than those
13services specified in paragraphs (1) and (2) of subdivision (b), in
14the unincorporated areas of the county, in response to written
15requests submitted to the board by the county sheriff and the district
16attorney. Any request submitted pursuant to this paragraph shall
17specify the frontline law enforcement needs of the requesting
18entity, and those personnel, equipment, and programs that are
19necessary to meet those needs.

20(2) In the case of a city, the city council shall appropriate
21existing and anticipated moneys exclusively to fund frontline
22municipal police services, in accordance with written requests
23submitted by the chief of police of that city or the chief
24administrator of the law enforcement agency that provides police
25services for that city.

26(3) In the case of the Broadmoor Police Protection District
27within the County of San Mateo, the Bear Valley Community
28Services District or the Stallion Springs Community Services
29District within Kern County, the Lake Shastina Community
30Services District within Siskiyou County, or the Kensington Police
31Protection and Community Services District within Contra Costa
32County, the legislative body of that special district shall appropriate
33existing and anticipated moneys exclusively to fund frontline
34municipal police services, in accordance with written requests
35submitted by the chief administrator of the law enforcement agency
36that provides police services for that special district.

37(d) For each fiscal year in which the county, a city, or the
38Broadmoor Police Protection District within the County of San
39Mateo, the Bear Valley Community Services District or the Stallion
40Springs Community Services District within Kern County, the
P22   1Lake Shastina Community Services District within Siskiyou
2County, or the Kensington Police Protection and Community
3Services District within Contra Costa County receives any moneys
4pursuant to this chapter, in no event shall the governing body of
5any of those recipient agencies subsequently alter any previous,
6valid appropriation by that body, for that same fiscal year, of
7moneys allocated to the county or city pursuant to paragraph (3)
8of subdivision (b).

9(e) For the 2011-12 fiscal year, the Controller shall allocate
1023.54 percent of the amount deposited in the Local Law
11Enforcement Services Account in the Local Revenue Fund 2011
12for the purposes of paragraphs (1), (2), and (3) of subdivision (b),
13and shall allocate 23.54 percent for purposes of paragraph (4) of
14subdivision (b).

15(f) Commencing with the 2012-13 fiscal year, the Controller
16shall allocate 21.86 percent of the amount deposited in the
17Enhancing Law Enforcement Activities Subaccount in the Local
18Revenue Fund 2011 for the purposes of paragraphs (1) to (3),
19inclusive, of subdivision (b), and shall allocate 21.86 percent for
20purposes of paragraph (4) of subdivision (b).

21(g) Commencing with the 2013-14 fiscal year, the Controller
22shall allocate funds in monthly installments to local jurisdictions
23for public safety in accordance with this section as annually
24calculated by the Director of Finance.

25(h) Funds received pursuant to subdivision (b) shall be expended
26or encumbered in accordance with this chapter no later than June
2730 of the following fiscal year. A local agency that has not met
28the requirement of this subdivision shall remit unspent SLESA
29moneys received after April 1, 2009, to the Controller for deposit
30in the Local Safety and Protection Account, after April 1, 2012,
31to the Local Law Enforcement Services Account, and after July
321, 2012, to the County Enhancing Law Enforcement Activities
33Subaccount.

34(i) In the 2010-11 fiscal year, if the fourth quarter revenue
35derived from fees imposed by subdivision (a) of Section 10752.2
36of the Revenue and Taxation Code that are deposited in the General
37Fund and transferred to the Local Safety and Protection Account,
38and continuously appropriated to the Controller for allocation
39pursuant to this section, are insufficient to provide a minimum
40grant of one hundred thousand dollars ($100,000) to each law
P23   1enforcement jurisdiction, the county auditor shall allocate the
2revenue proportionately, based on the allocation schedule in
3paragraph (3) of subdivision (b). The county auditor shall
4proportionately allocate, based on the allocation schedule in
5paragraph (3) of subdivision (b), all revenues received after the
6distribution of the fourth quarter allocation attributable to these
7fees for which payment was due prior to July 1, 2011, until all
8minimum allocations are fulfilled, at which point all remaining
9revenue shall be distributed proportionately among the other
10jurisdictions.

11

SEC. 4.  

Section 30070 of the Government Code is amended
12to read:

13

30070.  

(a) For the 2011-12 fiscal year, the program authorized
14by this chapter shall be funded from the Local Law Enforcement
15Services Account in the Local Revenue Fund 2011. The Controller
16shall, on a quarterly basis, beginning on October 1, 2011, allocate
174.07 percent of the moneys annually deposited in the Local Law
18Enforcement Services Account. Commencing with the 2012-13
19fiscal year, the program authorized by this chapter shall be funded
20from the Enhancing Law Enforcement Activities Subaccount in
21the Local Revenue Fund 2011. The Controller shall allocate 3.78
22percent of the moneys annually deposited in the Enhancing Law
23Enforcement Activities Subaccount in the Local Revenue Fund
242011. Commencing with the 2013-14 fiscal year, funds shall be
25 allocated in monthly installments to county sheriffs’ departments
26to enhance law enforcement efforts in the counties specified in
27paragraphs (1) to (37), inclusive, according to the following
28schedule:

 

(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%

 

P24  28(b) Funds allocated pursuant to this section shall be used to
29supplement rather than supplant existing law enforcement
30resources.

31(c) The funds allocated pursuant to this section may not be used
32for any video surveillance or monitoring of the general public.

33

SEC. 5.  

Section 326.3 of the Penal Code is amended to read:

34

326.3.  

(a) The Legislature finds and declares all of the
35following:

36(1) Nonprofit organizations provide important and essential
37educational, philanthropic, and social services to the people of the
38state.

39(2) One of the great strengths of California is a vibrant nonprofit
40sector.

P25   1(3) Nonprofit and philanthropic organizations touch the lives
2of every Californian through service and employment.

3(4) Many of these services would not be available if nonprofit
4organizations did not provide them.

5(5) There is a need to provide methods of fundraising to
6nonprofit organizations to enable them to provide these essential
7services.

8(6) Historically, many nonprofit organizations have used
9charitable bingo as one of their key fundraising strategies to
10promote the mission of the charity.

11(7) Legislation is needed to provide greater revenues for
12nonprofit organizations to enable them to fulfill their charitable
13purposes, and especially to meet their increasing social service
14obligations.

15(8) Legislation is also needed to clarify that existing law requires
16that all charitable bingo must be played using a tangible card and
17that the only permissible electronic devices to be used by charitable
18bingo players are card-minding devices.

19(b) Neither the prohibition on gambling in this chapter nor in
20Chapter 10 (commencing with Section 330) applies to any remote
21caller bingo game that is played or conducted in a city, county, or
22city and county pursuant to an ordinance enacted under Section
2319 of Article IV of the California Constitution, if the ordinance
24allows a remote caller bingo game to be played or conducted only
25in accordance with this section, including the following
26requirements:

27(1) The game may be conducted only by the following
28organizations:

29(A) An organization that is exempted from the payment of the
30taxes imposed under the Corporation Tax Law by Section 23701a,
3123701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, or
3223701w of the Revenue and Taxation Code.

33(B) A mobilehome park association.

34(C) A senior citizens’ organization.

35(D) Charitable organizations affiliated with a school district.

36(2) The organization conducting the game shall have been
37incorporated or in existence for three years or more.

38(3) The organization conducting the game shall be licensed
39pursuant to subdivision (l) of Section 326.5.

P26   1(4) The receipts of the game shall be used only for charitable
2purposes. The organization conducting the game shall determine
3the disbursement of the net receipts of the game.

4(5) The operation of bingo may not be the primary purpose for
5which the organization is organized.

6(c) (1) A city, county, or city and county may adopt an
7ordinance in substantially the following form to authorize remote
8caller bingo in accordance with the requirements of subdivision
9(b):

10

11Sec. _.01. Legislative Authorization.

12This chapter is adopted pursuant to Section 19 of Article IV of
13the California Constitution, as implemented by Sections 326.3 and
14326.4 of the Penal Code.

15Sec. _.02. Remote Caller Bingo Authorized.

16Remote Caller Bingo may be lawfully played in the [City,
17County, or City and County] pursuant to the provisions of Sections
18326.3 and 326.4 of the Penal Code, and this chapter, and not
19otherwise.

20Sec. _.03. Qualified Applicants: Applicants for Licensure.

21(a) The following organizations are qualified to apply to the
22License Official for a license to operate a bingo game if the receipts
23of those games are used only for charitable purposes:

24(1) An organization exempt from the payment of the taxes
25imposed under the Corporation Tax Law by Section 23701a,
2623701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, or
2723701w of the Revenue and Taxation Code.

28(2) A mobile home park association of a mobile home park that
29is situated in the [City, County, or City and County].

30(3) Senior citizen organizations.

31(4) Charitable organizations affiliated with a school district.

32(b) The application shall be in a form prescribed by the License
33Official and shall be accompanied by a nonrefundable filing fee
34in an amount determined by resolution of the [Governing Body of
35the City, County, or City and County] from time to time. The
36following documentation shall be attached to the application, as
37applicable:

38(1) A certificate issued by the Franchise Tax Board certifying
39that the applicant is exempt from the payment of the taxes imposed
40under the Corporation Tax Law pursuant to Section 23701a,
P27   123701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, or
223701w of the Revenue and Taxation Code. In lieu of a certificate
3issued by the Franchise Tax Board, the License Official may refer
4to the Franchise Tax Board’s Internet Web site to verify that the
5applicant is exempt from the payment of the taxes imposed under
6the Corporation Tax Law.

7(2) Other evidence as the License Official determines is
8necessary to verify that the applicant is a duly organized mobile
9home park association of a mobile home park situated in the [City,
10County, or City and County].

11Sec. _.04. License Application: Verification.

12The license shall not be issued until the License Official has
13verified the facts stated in the application and determined that the
14applicant is qualified.

15Sec. _.05. Annual Licenses.

16A license issued pursuant to this chapter shall be valid until the
17end of the calendar year, at which time the license shall expire. A
18new license shall only be obtained upon filing a new application
19and payment of the license fee. The fact that a license has been
20issued to an applicant creates no vested right on the part of the
21 licensee to continue to offer bingo for play. The [Governing Body
22of the City, County, or City and County] expressly reserves the
23right to amend or repeal this chapter at any time by resolution. If
24this chapter is repealed, all licenses issued pursuant to this chapter
25shall cease to be effective for any purpose on the effective date of
26the repealing resolution.

27Sec. _.06. Conditions of Licensure.

28(a) Any license issued pursuant to this chapter shall be subject
29to the conditions contained in Sections 326.3 and 326.4 of the
30Penal Code, and each licensee shall comply with the requirements
31of those provisions.

32(b) Each license issued pursuant to this chapter shall be subject
33to the following additional conditions:

34(1) Bingo games shall not be conducted by any licensee on more
35 than two days during any week, except that a licensee may hold
36one additional game, at its election, in each calendar quarter.

37(2) The licensed organization is responsible for ensuring that
38the conditions of this chapter and Sections 326.3 and 326.4 of the
39Penal Code are complied with by the organization and its officers
40and members. A violation of any one or more of those conditions
P28   1or provisions shall constitute cause for the revocation of the
2organization’s license. At the request of the organization, the
3[Governing Body of the City, County, or City and County] shall
4hold a public hearing before revoking any license issued pursuant
5to this chapter.

6(3) Nothing in this section shall require a city, county, or city
7and county to use this model ordinance in order to authorize remote
8caller bingo.

9(d) It is a misdemeanor for any person to receive or pay a profit,
10wage, or salary from any remote caller bingo game, provided that
11administrative, managerial, technical, financial, and security
12personnel employed by the organization conducting the bingo
13game may be paid reasonable fees for services rendered from the
14revenues of bingo games, as provided in subdivision(l), except
15that fees paid under those agreements shall not be determined as
16a percentage of receipts or other revenues from, or be dependent
17on the outcome of, the game.

18(e) A violation of subdivision (d) shall be punishable by a fine
19not to exceed ten thousand dollars ($10,000), which fine shall be
20deposited in the general fund of the city, county, or city and county
21that enacted the ordinance authorizing the remote caller bingo
22game. A violation of any provision of this section, other than
23subdivision (d), is a misdemeanor.

24(f) The city, county, or city and county that enacted the
25ordinance authorizing the remote caller bingo game, or the Attorney
26General, may bring an action to enjoin a violation of this section.

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

29(h) A remote caller bingo game shall include only sites that are
30located within this state.

31(i) An organization authorized to conduct a remote caller bingo
32game pursuant to subdivision (b) shall conduct the game only on
33property that is owned or leased by the organization, or the use of
34which is donated to the organization. Nothing in this subdivision
35shall be construed to require that the property that is owned or
36leased by, or the use of which is donated to, the organization be
37used or leased exclusively by, or donated exclusively to, that
38organization.

P29   1(j) (1) All remote caller bingo games shall be open to the public,
2and shall not be limited to the members of the authorized
3organization.

4(2) No more than 750 players may participate in a remote caller
5bingo game in a single location.

6(3) If the Governor or the President declares a state of
7emergency in response to a natural disaster or other public
8catastrophe occurring in California, an organization authorized to
9conduct remote caller bingo games may, while that declaration is
10in effect, conduct a remote caller bingo game pursuant to this
11section with more than 750 participants in a single venue if the net
12proceeds of the game, after deduction of prizes and overhead
13expenses, are donated to or expended exclusively for the relief of
14the victims of the disaster or catastrophe, and the organization
15gives, for each participating remote caller bingo site, the
16department and local law enforcement at least 10 days’ written
17notice of the intent to conduct that game.

18(4) For each participating remote caller bingo site, an
19organization authorized to conduct remote caller bingo games shall
20provide the department and local law enforcement with at least 30
21days’ advance written notice of its intent to conduct a remote caller
22bingo game. That notice shall include all of the following:

23(A) The legal name of the organization and the address of record
24of the agent upon whom legal notice may be served.

25(B) The locations of the caller and remote players, whether the
26property is owned by the organization or donated, and if donated,
27by whom.

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

29(D) The names of administrative, managerial, technical,
30financial, and security personnel employed.

31(E) The name of the vendor and any person or entity maintaining
32the equipment used to operate and transmit the game.

33(F) The name of the person designated as having a fiduciary
34responsibility for the game pursuant to paragraph (2) of subdivision
35(k).

36(G) The license numbers of all persons specified in
37subparagraphs (A) to (F), inclusive, who are required to be licensed.

38(H) A copy of the local ordinance for any city, county, or city
39and county in which the game will be played. The commission
40shall post the ordinance on its Internet Web site.

P30   1(I) A copy of the license issued to the organization by the
2governing body of the city, county, or city and county pursuant to
3subdivision (b).

4(k) (1) A remote caller bingo game shall be operated and staffed
5only by members of the authorized organization that organized it.
6Those members shall not receive a profit, wage, or salary from
7any remote caller bingo game. Only the organization authorized
8to conduct a remote caller bingo game shall operate that game, or
9participate in the promotion, supervision, or any other phase of a
10remote caller bingo game. Subject to subdivision (m), this
11subdivision shall not preclude the employment of administrative,
12 managerial, technical, financial, or security personnel who are not
13members of the authorized organization at a location participating
14in the remote caller bingo game by the organization conducting
15the game. Notwithstanding any other law, exclusive or other
16agreements between the authorized organization and other entities
17or persons to provide services in the administration, management,
18or conduct of the game shall not be considered a violation of the
19prohibition against holding a legally cognizable financial interest
20in the conduct of the remote caller bingo game by persons or
21entities other than the charitable organization, or other entity
22authorized to conduct the remote caller bingo games, if those
23persons or entities obtain the gambling licenses, the key employee
24licenses, or the work permits required by, and otherwise comply
25with, Chapter 5 (commencing with Section 19800) of Division 8
26 of the Business and Professions Code. Fees to be paid under those
27agreements shall be reasonable and shall not be determined as a
28percentage of receipts or other revenues from, or be dependent on
29the outcome of, the game.

30(2) An organization that conducts a remote caller bingo game
31shall designate a person as having fiduciary responsibility for the
32game.

33(l) No individual, corporation, partnership, or other legal entity,
34except the organization authorized to conduct or participate in a
35remote caller bingo game, shall hold a legally cognizable financial
36interest in the conduct of that game.

37(m) An organization authorized to conduct a remote caller bingo
38game pursuant to this section shall not have overhead costs
39exceeding 20 percent of gross sales, except that the limitations of
40this section shall not apply to one-time, nonrecurring capital
P31   1acquisitions. For purposes of this subdivision, “overhead costs”
2includes, but is not limited to, amounts paid for rent and equipment
3leasing and the reasonable fees authorized to be paid to
4administrative, managerial, technical, financial, and security
5personnel employed by the organization pursuant to subdivision
6(d). For the purpose of keeping its overhead costs below 20 percent
7of gross sales, an authorized organization may elect to deduct all
8or a portion of the fees paid to financial institutions for the use and
9processing of credit card sales from the amount of gross revenues
10awarded for prizes. In that case, the redirected fees for the use and
11processing of credit card sales shall not be included in “overhead
12costs” as defined in the California Remote Caller Bingo Act.
13Additionally, fees paid to financial institutions for the use and
14processing of credit card sales shall not be deducted from the
15proceeds retained by the charitable organization.

16(n) No person shall be allowed to participate in a remote caller
17bingo game unless the person is physically present at the time and
18place where the remote caller bingo game is being conducted. A
19person shall be deemed to be physically present at the place where
20the remote caller bingo game is being conducted if he or she is
21present at any of the locations participating in the remote caller
22bingo game in accordance with this section.

23(o) (1) An organization shall not cosponsor a remote caller
24bingo game with one or more other organizations unless one of
25the following is true:

26(A) All of the cosponsors are affiliated under the master charter
27or articles and bylaws of a single organization.

28(B) All of the cosponsors are affiliated through an organization
29described in paragraph (1) of subdivision (b), and have the same
30Internal Revenue Service activity code.

31(2) Notwithstanding paragraph (1), a maximum of 10
32unaffiliated organizations described in paragraph (1) of subdivision
33(b) may enter into an agreement to cosponsor a remote caller game,
34but that game shall have no more than 10 locations.

35(3) An organization shall not conduct remote caller bingo more
36than two days per week.

37(4) Before sponsoring or operating any game authorized under
38paragraph (1) or (2), each of the cosponsoring organizations shall
39have entered into a written agreement, a copy of which shall be
40provided to the commission, setting forth how the expenses and
P32   1proceeds of the game are to be allocated among the participating
2organizations, the bank accounts into which all receipts are to be
3deposited and from which all prizes are to be paid, and how game
4records are to be maintained and subjected to annual audit.

5(p) The value of prizes awarded during the conduct of any
6remote caller bingo game shall not exceed 37 percent of the gross
7receipts for that game. When an authorized organization elects to
8deduct fees paid for the use and processing of credit card sales
9from the amount of gross revenues for that game awarded for
10prizes, the maximum amount of gross revenues that may be
11awarded for prizes shall not exceed 37 percent of the gross receipts
12for that game, less the amount of redirected fees paid for the use
13and processing of credit card sales. Every remote caller bingo game
14shall be played until a winner is declared. Progressive prizes are
15prohibited. The declared winner of a remote caller bingo game
16shall provide his or her identifying information and a mailing
17address to the onsite manager of the remote caller bingo game.
18Prizes shall be paid only by check; no cash prizes shall be paid.
19The organization conducting the remote caller bingo game may
20issue a check to the winner at the time of the game, or may send
21a check to the declared winner by United States Postal Service
22certified mail, return receipt requested. All prize money exceeding
23state and federal exemption limits on prize money shall be subject
24to income tax reporting and withholding requirements under
25applicable state and federal laws and regulations and those reports
26and withholding shall be forwarded, within 10 business days, to
27the appropriate state or federal agency on behalf of the winner. A
28report shall accompany the amount withheld identifying the person
29on whose behalf the money is being sent. Any game interrupted
30by a transmission failure, electrical outage, or act of God shall be
31considered void in the location that was affected. A refund for a
32canceled game or games shall be provided to the purchasers.

33(q) (1) The commission shall require the licensure of the
34following:

35(A) Any person who contracts to conduct remote caller bingo
36on behalf of an organization described in subdivision (b) or who
37is identified as having fiduciary responsibility for the game
38pursuant to subdivision (k).

39(B) Any person who directly or indirectly manufactures,
40distributes, supplies, vends, leases, or otherwise provides supplies,
P33   1devices, services, or other equipment designed for use in the
2playing of a remote caller bingo game by any organization
3described in subdivision (b).

4(C) Beginning January 31, 2009, or a later date as may be
5established by the commission, all persons described in
6subparagraph (A) or (B) may submit to the commission a letter of
7intent to submit an application for licensure. The letter shall clearly
8identify the principal applicant, all categories under which the
9application will be filed, and the names of all those particular
10individuals who are applying. Each charitable organization shall
11provide an estimate of the frequency with which it plans to conduct
12remote caller bingo operations, including the number of locations.
13The letter of intent may be withdrawn or updated at any time.

14(2) (A) Background investigations related to remote caller bingo
15conducted by the department shall be in accordance with the
16Gambling Control Act (Chapter 5 (commencing with Section
1719800) of Division 8 of the Business and Professions Code) and
18as specified in regulations promulgated by the commission or the
19department.

20(B) Fees to cover background investigation costs shall be paid
21and accounted for in accordance with Section 19867 of the
22Business and Professions Code.

23(3) (A) Every application for a license or approval by a person
24described in subparagraph (A) of paragraph (1) shall be submitted
25to the department and accompanied by a nonrefundable fee, the
26amount of which shall be adopted by the commission by regulation.

27(B) Fees and revenue collected pursuant to this paragraph shall
28be deposited in the California Bingo Fund, which is hereby created
29in the State Treasury. The funds deposited in the California Bingo
30Fund shall be available, upon appropriation by the Legislature, for
31expenditure by the commission and the department exclusively
32for the support of the commission and department in carrying out
33their duties and responsibilities under this section and Section
34326.5.

35(C) A loan is hereby authorized from the Gambling Control
36Fund to the California Bingo Fund on or after January 1, 2009, in
37an amount of up to five hundred thousand dollars ($500,000) to
38fund operating, personnel, and other startup costs incurred by the
39commission and department relating to this section. Funds from
40the California Bingo Fund shall be available to the commission
P34   1and department upon appropriation by the Legislature in the annual
2Budget Act. The loan shall be subject to all of the following
3conditions:

4(i) The loan shall be repaid to the Gambling Control Fund as
5soon as there is sufficient money in the California Bingo Fund to
6repay the amount loaned, but no later than July 1, 2019.

7(ii) Interest on the loan shall be paid from the California Bingo
8Fund at the rate accruing to moneys in the Pooled Money
9Investment Account.

10(iii) The terms and conditions of the loan are approved, prior
11to the transfer of funds, by the Department of Finance pursuant to
12appropriate fiscal standards.

13The commission and department may assess and collect
14reasonable fees and deposits as necessary to defray the costs of
15regulation and oversight.

16(D) Notwithstanding any other law, the loan authorized by
17Provision 1 of Item 0855-001-0567 of the Budget Act of 2009, in
18the amount of four hundred fifty-seven thousand dollars
19($457,000), shall be repaid no later than July 1, 2019.

20(E) The licensing fee for any person or entity that directly or
21indirectly manufactures, distributes, supplies, vends, leases, or
22otherwise provides supplies, devices, services, or other equipment
23designed for use in the playing of a remote caller bingo game by
24any nonprofit organization shall be in an amount determined by
25the department, not to exceed the reasonable regulatory costs to
26the department and in accordance with regulations adopted pursuant
27to this chapter. Prior to the adoption of the regulations, the
28nonrefundable license fee shall be the amount of the reasonable
29regulatory costs to the department, not to exceed three thousand
30dollars ($3,000) per year.

31(r) The administrative, managerial, technical, financial, and
32security personnel employed by an organization that conducts
33remote caller bingo games shall apply for, obtain, and thereafter
34maintain valid work permits, as defined in Section 19805 of the
35Business and Professions Code.

36(s) An organization that conducts remote caller bingo games
37shall retain records in connection with the remote caller bingo
38game for five years.

39(t) (1) All equipment used for remote caller bingo shall be
40certified as compliant with regulations adopted pursuant to
P35   1subdivision (r) of Section 19841 of the Business and Professions
2Code by a manufacturing expert recognized by the department.
3Certifications shall be submitted to the department prior to the use
4of any equipment subject to this subdivision.

5(2) The department may monitor operation of the transmission
6and other equipment used for remote caller bingo, and monitor the
7game.

8(u) (1) As used in this section, “remote caller bingo game”
9means a game of bingo, as defined in subdivision (o) of Section
10326.5, in which the numbers or symbols on randomly drawn plastic
11balls are announced by a natural person present at the site at which
12the live game is conducted, and the organization conducting the
13bingo game uses audio and video technology to link any of its
14in-state facilities for the purpose of transmitting the remote calling
15of a live bingo game from a single location to multiple locations
16owned, leased, or rented by that organization, or as described in
17subdivision (o) of this section. The audio or video technology used
18to link the facilities may include cable, Internet, satellite,
19broadband, or telephone technology, or any other means of
20electronic transmission that ensures the secure, accurate, and
21simultaneous transmission of the announcement of numbers or
22symbols in the game from the location at which the game is called
23by a natural person to the remote location or locations at which
24players may participate in the game. The drawing of each ball
25bearing a number or symbol by the natural person calling the game
26shall be visible to all players as the ball is drawn, including through
27a simultaneous live video feed at remote locations at which players
28may participate in the game.

29(2) The caller in the live game must be licensed by the California
30Gambling Control Commission. A game may be called by a
31nonlicensed caller if the drawing of balls and calling of numbers
32or symbols by that person is observed and personally supervised
33by a licensed caller.

34(3) Remote caller bingo games shall be played using traditional
35paper or other tangible bingo cards and daubers, and shall not be
36played by using electronic devices, except card-minding devices,
37as described in paragraph (1) of subdivision (p) of Section 326.5.

38(4) Prior to conducting a remote caller bingo game, the
39organization that conducts remote caller bingo shall submit to the
40department the controls, methodology, and standards of game play,
P36   1which shall include, but not be limited to, the equipment used to
2select bingo numbers and create or originate cards, control or
3maintenance, distribution to participating locations, and distribution
4to players. Those controls, methodologies, and standards shall be
5subject to prior approval by the department, provided that the
6controls shall be deemed approved by the department after 90 days
7from the date of submission unless disapproved.

8(v) A location shall not be eligible to participate in a remote
9caller bingo game if bingo games are conducted at that location
10in violation of Section 326.5 or any regulation adopted by the
11commission pursuant to Section 19841 of the Business and
12Professions Code, including, but not limited to, a location at which
13unlawful electronic devices are used.

14(w) (1) The vendor of the equipment used in a remote caller
15bingo game shall have its books and records audited at least
16annually by an independent California certified public accountant
17and shall submit the results of that audit to the department within
18120 days after the close of the vendor’s fiscal year. In addition,
19the department may audit the books and records of the vendor at
20any time.

21(2) An authorized organization that conducts remote caller bingo
22games shall be audited by an independent California certified
23public accountant at least annually and copies of the audit reports
24shall be provided to the department within 60 days of completion
25of the audit report. A city, county, or city and county shall be
26provided a full copy of the audit or an audit report upon request.
27The audit report shall account for the annual amount of fees paid
28to financial institutions for the use and processing of credit card
29sales by the authorized organization and the amount of fees for
30the use and processing of credit card sales redirected from
31“overhead costs” and deducted from the amount of gross revenues
32awarded for prizes.

33(3) The costs of the licensing and audits required by this section
34shall be borne by the person or entity required to be licensed or
35audited. The audit shall enumerate the receipts for remote caller
36bingo, the prizes disbursed, the overhead costs, and the amount
37retained by the nonprofit organization. The department may audit
38the books and records of an organization that conducts remote
39caller bingo games at any time.

P37   1(4) If the department identifies practices in violation of this
2section, the license for the audited entity may be suspended pending
3review and hearing before the commission for a final determination.

4(x) (1) The provisions of this section are severable. If any
5provision of this section or its application is held invalid, that
6invalidity shall not affect other provisions or applications that can
7be given effect without the invalid provision or application.

8(2) Notwithstanding paragraph (1), if paragraph (1) or (3) of
9subdivision (u), or the application of either of those provisions, is
10held invalid, this entire section shall be invalid.

11(y) The department shall submit a report to the Legislature, on
12or before January 1, 2016, on the fundraising effectiveness and
13regulation of remote caller bingo, and other matters that are relevant
14to the public interest regarding remote caller bingo.

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

16(1) “Commission” means the California Gambling Control
17Commission.

18(2) “Department” means the Department of Justice.

19(3) “Person” includes a natural person, corporation, limited
20liability company, partnership, trust, joint venture, association, or
21any other business organization.

22(aa) This section shall become inoperative on July 1, 2016, and,
23as of January 1, 2017, is repealed, unless a later enacted statute,
24that becomes operative on or before January 1, 2017, deletes or
25extends the dates on which it becomes inoperative and is repealed.

26

SEC. 6.  

Section 1170 of the Penal Code, as amended by Section
272 of Chapter 828 of the Statutes of 2012, is amended to read:

28

1170.  

(a) (1) The Legislature finds and declares that the
29purpose of imprisonment for crime is punishment. This purpose
30is best served by terms proportionate to the seriousness of the
31offense with provision for uniformity in the sentences of offenders
32committing the same offense under similar circumstances. The
33Legislature further finds and declares that the elimination of
34disparity and the provision of uniformity of sentences can best be
35achieved by determinate sentences fixed by statute in proportion
36to the seriousness of the offense as determined by the Legislature
37to be imposed by the court with specified discretion.

38(2) Notwithstanding paragraph (1), the Legislature further finds
39and declares that programs should be available for inmates,
40 including, but not limited to, educational programs, that are
P38   1designed to prepare nonviolent felony offenders for successful
2reentry into the community. The Legislature encourages the
3development of policies and programs designed to educate and
4rehabilitate nonviolent felony offenders. In implementing this
5section, the Department of Corrections and Rehabilitation is
6encouraged to give priority enrollment in programs to promote
7successful return to the community to an inmate with a short
8remaining term of commitment and a release date that would allow
9him or her adequate time to complete the program.

10(3) In any case in which the punishment prescribed by statute
11for a person convicted of a public offense is a term of imprisonment
12in the state prison of any specification of three time periods, the
13court shall sentence the defendant to one of the terms of
14imprisonment specified unless the convicted person is given any
15other disposition provided by law, including a fine, jail, probation,
16or the suspension of imposition or execution of sentence or is
17sentenced pursuant to subdivision (b) of Section 1168 because he
18or she had committed his or her crime prior to July 1, 1977. In
19sentencing the convicted person, the court shall apply the
20sentencing rules of the Judicial Council. The court, unless it
21determines that there are circumstances in mitigation of the
22punishment prescribed, shall also impose any other term that it is
23required by law to impose as an additional term. Nothing in this
24article shall affect any provision of law that imposes the death
25penalty, that authorizes or restricts the granting of probation or
26suspending the execution or imposition of sentence, or expressly
27provides for imprisonment in the state prison for life, except as
28provided in paragraph (2) of subdivision (d). In any case in which
29the amount of preimprisonment credit under Section 2900.5 or any
30other provision of law is equal to or exceeds any sentence imposed
31pursuant to this chapter, the entire sentence shall be deemed to
32have been served and the defendant shall not be actually delivered
33to the custody of the secretary. The court shall advise the defendant
34that he or she shall serve a period of parole and order the defendant
35to report to the parole office closest to the defendant’s last legal
36residence, unless the in-custody credits equal the total sentence,
37including both confinement time and the period of parole. The
38sentence shall be deemed a separate prior prison term under Section
39667.5, and a copy of the judgment and other necessary
40documentation shall be forwarded to the secretary.

P39   1(b) When a judgment of imprisonment is to be imposed and the
2statute specifies three possible terms, the court shall order
3imposition of the middle term, unless there are circumstances in
4aggravation or mitigation of the crime. At least four days prior to
5the time set for imposition of judgment, either party or the victim,
6or the family of the victim if the victim is deceased, may submit
7a statement in aggravation or mitigation to dispute facts in the
8record or the probation officer’s report, or to present additional
9facts. In determining whether there are circumstances that justify
10imposition of the upper or lower term, the court may consider the
11record in the case, the probation officer’s report, other reports,
12including reports received pursuant to Section 1203.03, and
13statements in aggravation or mitigation submitted by the
14prosecution, the defendant, or the victim, or the family of the victim
15if the victim is deceased, and any further evidence introduced at
16the sentencing hearing. The court shall set forth on the record the
17facts and reasons for imposing the upper or lower term. The court
18may not impose an upper term by using the fact of any
19enhancement upon which sentence is imposed under any provision
20of law. A term of imprisonment shall not be specified if imposition
21of sentence is suspended.

22(c) The court shall state the reasons for its sentence choice on
23the record at the time of sentencing. The court shall also inform
24the defendant that as part of the sentence after expiration of the
25term he or she may be on parole for a period as provided in Section
263000.

27(d) (1) When a defendant subject to this section or subdivision
28(b) of Section 1168 has been sentenced to be imprisoned in the
29state prison and has been committed to the custody of the secretary,
30the court may, within 120 days of the date of commitment on its
31own motion, or at any time upon the recommendation of the
32secretary or the Board of Parole Hearings, recall the sentence and
33commitment previously ordered and resentence the defendant in
34the same manner as if he or she had not previously been sentenced,
35provided the new sentence, if any, is no greater than the initial
36sentence. The court resentencing under this subdivision shall apply
37the sentencing rules of the Judicial Council so as to eliminate
38disparity of sentences and to promote uniformity of sentencing.
39Credit shall be given for time served.

P40   1(2) (A) (i) When a defendant who was under 18 years of age
2at the time of the commission of the offense for which the
3defendant was sentenced to imprisonment for life without the
4possibility of parole has served at least 15 years of that sentence,
5the defendant may submit to the sentencing court a petition for
6recall and resentencing.

7(ii) Notwithstanding clause (i), this paragraph shall not apply
8to defendants sentenced to life without parole for an offense where
9the defendant tortured, as described in Section 206, his or her
10victim or the victim was a public safety official, including any law
11enforcement personnel mentioned in Chapter 4.5 (commencing
12with Section 830) of Title 3, or any firefighter as described in
13Section 245.1, as well as any other officer in any segment of law
14enforcement who is employed by the federal government, the state,
15or any of its political subdivisions.

16(B) The defendant shall file the original petition with the
17sentencing court. A copy of the petition shall be served on the
18agency that prosecuted the case. The petition shall include the
19defendant’s statement that he or she was under 18 years of age at
20the time of the crime and was sentenced to life in prison without
21the possibility of parole, the defendant’s statement describing his
22or her remorse and work towards rehabilitation, and the defendant’s
23statement that one of the following is true:

24(i) The defendant was convicted pursuant to felony murder or
25aiding and abetting murder provisions of law.

26(ii) The defendant does not have juvenile felony adjudications
27for assault or other felony crimes with a significant potential for
28personal harm to victims prior to the offense for which the sentence
29is being considered for recall.

30(iii) The defendant committed the offense with at least one adult
31codefendant.

32(iv) The defendant has performed acts that tend to indicate
33rehabilitation or the potential for rehabilitation, including, but not
34limited to, availing himself or herself of rehabilitative, educational,
35or vocational programs, if those programs have been available at
36his or her classification level and facility, using self-study for
37self-improvement, or showing evidence of remorse.

38(C) If any of the information required in subparagraph (B) is
39missing from the petition, or if proof of service on the prosecuting
40agency is not provided, the court shall return the petition to the
P41   1defendant and advise the defendant that the matter cannot be
2considered without the missing information.

3(D) A reply to the petition, if any, shall be filed with the court
4within 60 days of the date on which the prosecuting agency was
5served with the petition, unless a continuance is granted for good
6cause.

7(E) If the court finds by a preponderance of the evidence that
8the statements in the petition are true, the court shall hold a hearing
9to consider whether to recall the sentence and commitment
10previously ordered and to resentence the defendant in the same
11manner as if the defendant had not previously been sentenced,
12provided that the new sentence, if any, is not greater than the initial
13sentence. Victims, or victim family members if the victim is
14 deceased, shall retain the rights to participate in the hearing.

15(F) The factors that the court may consider when determining
16whether to recall and resentence include, but are not limited to,
17the following:

18(i) The defendant was convicted pursuant to felony murder or
19aiding and abetting murder provisions of law.

20(ii) The defendant does not have juvenile felony adjudications
21for assault or other felony crimes with a significant potential for
22personal harm to victims prior to the offense for which the sentence
23is being considered for recall.

24(iii) The defendant committed the offense with at least one adult
25codefendant.

26(iv) Prior to the offense for which the sentence is being
27considered for recall, the defendant had insufficient adult support
28or supervision and had suffered from psychological or physical
29trauma, or significant stress.

30(v) The defendant suffers from cognitive limitations due to
31mental illness, developmental disabilities, or other factors that did
32not constitute a defense, but influenced the defendant’s
33involvement in the offense.

34(vi) The defendant has performed acts that tend to indicate
35rehabilitation or the potential for rehabilitation, including, but not
36limited to, availing himself or herself of rehabilitative, educational,
37or vocational programs, if those programs have been available at
38his or her classification level and facility, using self-study for
39self-improvement, or showing evidence of remorse.

P42   1(vii) The defendant has maintained family ties or connections
2with others through letter writing, calls, or visits, or has eliminated
3contact with individuals outside of prison who are currently
4involved with crime.

5(viii) The defendant has had no disciplinary actions for violent
6activities in the last five years in which the defendant was
7determined to be the aggressor.

8(G) The court shall have the discretion to recall the sentence
9and commitment previously ordered and to resentence the
10defendant in the same manner as if the defendant had not
11previously been sentenced, provided that the new sentence, if any,
12is not greater than the initial sentence. The discretion of the court
13shall be exercised in consideration of the criteria in subparagraph
14(B). Victims, or victim family members if the victim is deceased,
15shall be notified of the resentencing hearing and shall retain their
16rights to participate in the hearing.

17(H) If the sentence is not recalled, the defendant may submit
18another petition for recall and resentencing to the sentencing court
19when the defendant has been committed to the custody of the
20department for at least 20 years. If recall and resentencing is not
21granted under that petition, the defendant may file another petition
22after having served 24 years. The final petition may be submitted,
23and the response to that petition shall be determined, during the
2425th year of the defendant’s sentence.

25(I) In addition to the criteria in subparagraph (F), the court may
26consider any other criteria that the court deems relevant to its
27decision, so long as the court identifies them on the record,
28provides a statement of reasons for adopting them, and states why
29the defendant does or does not satisfy the criteria.

30(J) This subdivision shall have retroactive application.

31(e) (1) Notwithstanding any other law and consistent with
32paragraph (1) of subdivision (a), if the secretary or the Board of
33Parole Hearings or both determine that a prisoner satisfies the
34criteria set forth in paragraph (2), the secretary or the board may
35recommend to the court that the prisoner’s sentence be recalled.

36(2) The court shall have the discretion to resentence or recall if
37the court finds that the facts described in subparagraphs (A) and
38(B) or subparagraphs (B) and (C) exist:

39(A) The prisoner is terminally ill with an incurable condition
40caused by an illness or disease that would produce death within
P43   1six months, as determined by a physician employed by the
2department.

3(B) The conditions under which the prisoner would be released
4or receive treatment do not pose a threat to public safety.

5(C) The prisoner is permanently medically incapacitated with
6a medical condition that renders him or her permanently unable
7to perform activities of basic daily living, and results in the prisoner
8requiring 24-hour total care, including, but not limited to, coma,
9 persistent vegetative state, brain death, ventilator-dependency, loss
10of control of muscular or neurological function, and that
11incapacitation did not exist at the time of the original sentencing.

12The Board of Parole Hearings shall make findings pursuant to
13this subdivision before making a recommendation for resentence
14or recall to the court. This subdivision does not apply to a prisoner
15sentenced to death or a term of life without the possibility of parole.

16(3) Within 10 days of receipt of a positive recommendation by
17the secretary or the board, the court shall hold a hearing to consider
18whether the prisoner’s sentence should be recalled.

19(4) Any physician employed by the department who determines
20that a prisoner has six months or less to live shall notify the chief
21medical officer of the prognosis. If the chief medical officer
22concurs with the prognosis, he or she shall notify the warden.
23Within 48 hours of receiving notification, the warden or the
24warden’s representative shall notify the prisoner of the recall and
25resentencing procedures, and shall arrange for the prisoner to
26designate a family member or other outside agent to be notified
27as to the prisoner’s medical condition and prognosis, and as to the
28recall and resentencing procedures. If the inmate is deemed
29mentally unfit, the warden or the warden’s representative shall
30contact the inmate’s emergency contact and provide the information
31described in paragraph (2).

32(5) The warden or the warden’s representative shall provide the
33prisoner and his or her family member, agent, or emergency
34contact, as described in paragraph (4), updated information
35throughout the recall and resentencing process with regard to the
36prisoner’s medical condition and the status of the prisoner’s recall
37and resentencing proceedings.

38(6) Notwithstanding any other provisions of this section, the
39prisoner or his or her family member or designee may
40independently request consideration for recall and resentencing
P44   1by contacting the chief medical officer at the prison or the
2secretary. Upon receipt of the request, the chief medical officer
3and the warden or the warden’s representative shall follow the
4procedures described in paragraph (4). If the secretary determines
5that the prisoner satisfies the criteria set forth in paragraph (2), the
6secretary or board may recommend to the court that the prisoner’s
7sentence be recalled. The secretary shall submit a recommendation
8for release within 30 days in the case of inmates sentenced to
9determinate terms and, in the case of inmates sentenced to
10indeterminate terms, the secretary shall make a recommendation
11to the Board of Parole Hearings with respect to the inmates who
12have applied under this section. The board shall consider this
13information and make an independent judgment pursuant to
14paragraph (2) and make findings related thereto before rejecting
15the request or making a recommendation to the court. This action
16shall be taken at the next lawfully noticed board meeting.

17(7) Any recommendation for recall submitted to the court by
18the secretary or the Board of Parole Hearings shall include one or
19more medical evaluations, a postrelease plan, and findings pursuant
20to paragraph (2).

21(8) If possible, the matter shall be heard before the same judge
22of the court who sentenced the prisoner.

23(9) If the court grants the recall and resentencing application,
24the prisoner shall be released by the department within 48 hours
25of receipt of the court’s order, unless a longer time period is agreed
26to by the inmate. At the time of release, the warden or the warden’s
27representative shall ensure that the prisoner has each of the
28following in his or her possession: a discharge medical summary,
29full medical records, state identification, parole medications, and
30all property belonging to the prisoner. After discharge, any
31additional records shall be sent to the prisoner’s forwarding
32address.

33(10) The secretary shall issue a directive to medical and
34correctional staff employed by the department that details the
35guidelines and procedures for initiating a recall and resentencing
36procedure. The directive shall clearly state that any prisoner who
37is given a prognosis of six months or less to live is eligible for
38recall and resentencing consideration, and that recall and
39resentencing procedures shall be initiated upon that prognosis.

P45   1(f) Notwithstanding any other provision of this section, for
2purposes of paragraph (3) of subdivision (h), any allegation that
3a defendant is eligible for state prison due to a prior or current
4conviction, sentence enhancement, or because he or she is required
5to register as a sex offender shall not be subject to dismissal
6pursuant to Section 1385.

7(g) A sentence to state prison for a determinate term for which
8only one term is specified, is a sentence to state prison under this
9section.

10(h) (1) Except as provided in paragraph (3), a felony punishable
11pursuant to this subdivision where the term is not specified in the
12underlying offense shall be punishable by a term of imprisonment
13in a county jail for 16 months, or two or three years.

14(2) Except as provided in paragraph (3), a felony punishable
15pursuant to this subdivision shall be punishable by imprisonment
16in a county jail for the term described in the underlying offense.

17(3) Notwithstanding paragraphs (1) and (2), where the defendant
18(A) has a prior or current felony conviction for a serious felony
19described in subdivision (c) of Section 1192.7 or a prior or current
20conviction for a violent felony described in subdivision (c) of
21Section 667.5, (B) has a prior felony conviction in another
22jurisdiction for an offense that has all the elements of a serious
23felony described in subdivision (c) of Section 1192.7 or a violent
24felony described in subdivision (c) of Section 667.5, (C) is required
25to register as a sex offender pursuant to Chapter 5.5 (commencing
26with Section 290) of Title 9 of Part 1, or (D) is convicted of a crime
27and as part of the sentence an enhancement pursuant to Section
28186.11 is imposed, an executed sentence for a felony punishable
29pursuant to this subdivision shall be served in state prison.

30(4) Nothing in this subdivision shall be construed to prevent
31other dispositions authorized by law, including pretrial diversion,
32deferred entry of judgment, or an order granting probation pursuant
33to Section 1203.1.

34(5) The court, when imposing a sentence pursuant to paragraph
35(1) or (2) of this subdivision, may commit the defendant to county
36jail as follows:

37(A) For a full term in custody as determined in accordance with
38the applicable sentencing law.

39(B) (i) For a term as determined in accordance with the
40applicable sentencing law, but suspend execution of a concluding
P46   1portion of the term selected in the court’s discretion, during which
2time the defendant shall be supervised by the county probation
3officer in accordance with the terms, conditions, and procedures
4generally applicable to persons placed on probation, for the
5remaining unserved portion of the sentence imposed by the court.
6The period of supervision shall be mandatory, and may not be
7earlier terminated except by court order. Any proceeding to revoke
8or modify mandatory supervision under this subparagraph shall
9be conducted pursuant to either subdivisions (a) and (b) of Section
101203.2 or Section 1203.3. During the period when the defendant
11is under such supervision, unless in actual custody related to the
12sentence imposed by the court, the defendant shall be entitled to
13only actual time credit against the term of imprisonment imposed
14by the court. Any time period which is suspended because a person
15has absconded shall not be credited toward the period of
16supervision.

17(ii) The portion of a defendant’s sentenced term during which
18time he or she is supervised by the county probation officer
19pursuant to this subparagraph shall be known as mandatory
20supervision, and shall begin upon release from custody.

21(6) The sentencing changes made by the act that added this
22subdivision shall be applied prospectively to any person sentenced
23on or after October 1, 2011.

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

25

SEC. 7.  

Section 1203.2 of the Penal Code is amended to read:

26

1203.2.  

(a) At any time during the period of supervision of a
27person (1) released on probation under the care of a probation
28officer pursuant to this chapter, (2) released on conditional sentence
29or summary probation not under the care of a probation officer,
30(3) placed on mandatory supervision pursuant to subparagraph (B)
31of paragraph (5) of subdivision (h) of Section 1170, (4) subject to
32revocation of postrelease community supervision pursuant to
33Section 3455, or (5) subject to revocation of parole supervision
34pursuant to Section 3000.08, if any probation officer, parole officer,
35or peace officer has probable cause to believe that the supervised
36person is violating any term or condition of his or her supervision,
37the officer may, without warrant or other process and at any time
38until the final disposition of the case, rearrest the supervised person
39and bring him or her before the court or the court may, in its
40discretion, issue a warrant for his or her rearrest. Upon such
P47   1rearrest, or upon the issuance of a warrant for rearrest the court
2may revoke and terminate the supervision of the person if the
3interests of justice so require and the court, in its judgment, has
4reason to believe from the report of the probation or parole officer
5or otherwise that the person has violated any of the conditions of
6his or her supervision, has become abandoned to improper
7associates or a vicious life, or has subsequently committed other
8offenses, regardless whether he or she has been prosecuted for
9such offenses. However, the court shall not terminate parole
10pursuant to this section. Supervision shall not be revoked for failure
11of a person to make restitution imposed as a condition of
12supervision unless the court determines that the defendant has
13willfully failed to pay and has the ability to pay. Restitution shall
14be consistent with a person’s ability to pay. The revocation,
15summary or otherwise, shall serve to toll the running of the period
16of supervision.

17(b) (1) Upon its own motion or upon the petition of the
18supervised person, the probation or parole officer, or the district
19attorney, the court may modify, revoke, or terminate supervision
20of the person pursuant to this subdivision, except that the court
21shall not terminate parole pursuant to this section. The court in the
22county in which the person is supervised has jurisdiction to hear
23the motion or petition, or for those on parole, either the court in
24the county of supervision or the court in the county in which the
25alleged violation of supervision occurred. A person supervised on
26parole or postrelease community supervision pursuant to Section
273455 may not petition the court pursuant to this section for early
28release from supervision, and a petition under this section shall
29not be filed solely for the purpose of modifying parole. Nothing
30in this section shall prohibit the court in the county in which the
31person is supervised or in which the alleged violation of supervision
32occurred from modifying a person’s parole when acting on the
33court’s own motion or a petition to revoke parole. The court shall
34give notice of its motion, and the probation or parole officer or the
35district attorney shall give notice of his or her petition to the
36supervised person, his or her attorney of record, and the district
37attorney or the probation or parole officer, as the case may be. The
38supervised person shall give notice of his or her petition to the
39probation or parole officer and notice of any motion or petition
40shall be given to the district attorney in all cases. The court shall
P48   1refer its motion or the petition to the probation or parole officer.
2After the receipt of a written report from the probation or parole
3officer, the court shall read and consider the report and either its
4motion or the petition and may modify, revoke, or terminate the
5supervision of the supervised person upon the grounds set forth in
6subdivision (a) if the interests of justice so require.

7(2) The notice required by this subdivision may be given to the
8supervised person upon his or her first court appearance in the
9proceeding. Upon the agreement by the supervised person in
10writing to the specific terms of a modification or termination of a
11specific term of supervision, any requirement that the supervised
12person make a personal appearance in court for the purpose of a
13modification or termination shall be waived. Prior to the
14modification or termination and waiver of appearance, the
15supervised person shall be informed of his or her right to consult
16with counsel, and if indigent the right to secure court appointed
17counsel. If the supervised person waives his or her right to counsel
18a written waiver shall be required. If the supervised person consults
19with counsel and thereafter agrees to a modification, revocation,
20or termination of the term of supervision and waiver of personal
21appearance, the agreement shall be signed by counsel showing
22approval for the modification or termination and waiver.

23(c) Upon any revocation and termination of probation the court
24may, if the sentence has been suspended, pronounce judgment for
25any time within the longest period for which the person might have
26been sentenced. However, if the judgment has been pronounced
27and the execution thereof has been suspended, the court may revoke
28the suspension and order that the judgment shall be in full force
29and effect. In either case, the person shall be delivered over to the
30proper officer to serve his or her sentence, less any credits herein
31provided for.

32(d) In any case of revocation and termination of probation,
33including, but not limited to, cases in which the judgment has been
34pronounced and the execution thereof has been suspended, upon
35the revocation and termination, the court may, in lieu of any other
36sentence, commit the person to the Department of Corrections and
37Rehabilitation, Division of Juvenile Facilities if he or she is
38otherwise eligible for such commitment.

39(e) If probation has been revoked before the judgment has been
40pronounced, the order revoking probation may be set aside for
P49   1good cause upon motion made before pronouncement of judgment.
2If probation has been revoked after the judgment has been
3pronounced, the judgment and the order which revoked the
4probation may be set aside for good cause within 30 days after the
5court has notice that the execution of the sentence has commenced.
6If an order setting aside the judgment, the revocation of probation,
7or both is made after the expiration of the probationary period, the
8court may again place the person on probation for that period and
9with those terms and conditions as it could have done immediately
10following conviction.

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

12(1) “Court” means a judge, magistrate, or revocation hearing
13officer described in Section 71622.5 of the Government Code.

14(2) “Probation officer” means a probation officer as described
15in Section 1203 or an officer of the agency designated by the board
16of supervisors of a county to implement postrelease community
17supervision pursuant to Section 3451.

18(3) “Supervised person” means a person who satisfies any of
19the following:

20(A) He or she is released on probation subject to the supervision
21of a probation officer.

22(B) He or she is released on conditional sentence or summary
23probation not under the care of a probation officer.

24(C) He or she is subject to mandatory supervision pursuant to
25subparagraph (B) of paragraph (5) of subdivision (h) of Section
261170.

27(D) He or she is subject to revocation of postrelease community
28supervision pursuant to Section 3455.

29(E) He or she is subject to revocation of parole pursuant to
30Section 3000.08.

31(g) Nothing in this section affects the authority of the supervising
32agency to impose intermediate sanctions, including flash
33incarceration, to persons supervised on parole pursuant to Section
343000.8 or postrelease community supervision pursuant to Part 3
35(commencing with Section 3450) of Title 2.05.

36

SEC. 8.  

Section 3000.08 of the Penal Code, as amended by
37Section 44 of Chapter 24 of the Statutes of 2012, is amended to
38read:

39

3000.08.  

(a) A person released from state prison on or after
40October 1, 2011, after serving a prison term, or whose sentence
P50   1has been deemed served pursuant to Section 2900.5, for any of the
2following crimes is subject to the jurisdiction of and parole
3supervision by the Department of Corrections and Rehabilitation:

4(1) A serious felony as described in subdivision (c) of Section
51192.7.

6(2) A violent felony as described in subdivision (c) of Section
7667.5.

8(3) A crime for which the person was sentenced pursuant to
9paragraph (2) of subdivision (e) of Section 667 or paragraph (2)
10of subdivision (c) of Section 1170.12.

11(4) Any crime for which the person is classified as a high risk
12sex offender.

13(5) Any crime for which the person is required, as a condition
14of parole, to undergo treatment by the State Department of State
15Hospitals pursuant to Section 2962.

16(b) Notwithstanding any other law, all other offenders released
17from prison shall be placed on postrelease supervision pursuant
18to Title 2.05 (commencing with Section 3450).

19(c) Notwithstanding subdivision (a), any of the following
20persons released from state prison shall be subject to the
21jurisdiction of, and parole supervision by, the Department of
22Corrections and Rehabilitation for a period of parole up to three
23years or the parole term the person was subject to at the time of
24the commission of the offense, whichever is greater:

25(1) The person is required to register as a sex offender pursuant
26to Chapter 5.5 (commencing with Section 290) of Title 9 of Part
271, and was subject to a period of parole exceeding three years at
28the time he or she committed a felony for which they were
29convicted and subsequently sentenced to state prison.

30(2) The person was subject to parole for life pursuant to Section
313000.1 at the time of the commission of the offense that resulted
32in a conviction and state prison sentence.

33(d) Except as described in subdivision (c), any person who is
34convicted of a felony that requires community supervision and
35who still has a period of state parole to serve shall discharge from
36state parole at the time of release to community supervision.

37(e) Any person released to parole supervision pursuant to
38subdivision (a) shall, regardless of any subsequent determination
39that the person should have been released pursuant to subdivision
P51   1(b), remain subject to subdivision (a) after having served 60 days
2under supervision pursuant to subdivision (a).

3 (f) This section shall be operative only until July 1, 2013, and
4as of January 1, 2014, is repealed, unless a later enacted statute,
5that is enacted before January 1, 2014, deletes or extends that date.

6

SEC. 9.  

Section 3000.08 of the Penal Code, as amended by
7Section 35 of Chapter 43 of the Statutes of 2012, is amended to
8read:

9

3000.08.  

(a) A person released from state prison prior to or
10on or after July 1, 2013, after serving a prison term, or whose
11sentence has been deemed served pursuant to Section 2900.5, for
12any of the following crimes is subject to parole supervision by the
13Department of Corrections and Rehabilitation and the jurisdiction
14of the court in the county in which the parolee is released, resides,
15or in which an alleged violation of supervision has occurred, for
16the purpose of hearing petitions to revoke parole and impose a
17term of custody:

18(1) A serious felony as described in subdivision (c) of Section
191192.7.

20(2) A violent felony as described in subdivision (c) of Section
21667.5.

22(3) A crime for which the person was sentenced pursuant to
23paragraph (2) of subdivision (e) of Section 667 or paragraph (2)
24of subdivision (c) of Section 1170.12.

25(4) Any crime for which the person is classified as a high risk
26sex offender.

27(5) Any crime for which the person is required, as a condition
28of parole, to undergo treatment by the State Department of State
29Hospitals pursuant to Section 2962.

30(b) Notwithstanding any other law, all other offenders released
31from prison shall be placed on postrelease supervision pursuant
32to Title 2.05 (commencing with Section 3450).

33(c) At any time during the period of parole of a person subject
34to this section, if any parole agent or peace officer has probable
35cause to believe that the parolee is violating any term or condition
36of his or her parole, the agent or officer may, without warrant or
37other process and at any time until the final disposition of the case,
38arrest the person and bring him or her before the court, or the court
39may, in its discretion, issue a warrant for that person’s arrest
40pursuant to Section 1203.2.

P52   1(d) Upon review of the alleged violation and a finding of good
2cause that the parolee has committed a violation of law or violated
3his or her conditions of parole, the supervising parole agency may
4impose additional and appropriate conditions of supervision,
5including rehabilitation and treatment services and appropriate
6incentives for compliance, and impose immediate, structured, and
7intermediate sanctions for parole violations, including flash
8incarceration in a county jail. Periods of “flash incarceration,” as
9defined in subdivision (e) are encouraged as one method of
10punishment for violations of a parolee’s conditions of parole. This
11section does not preclude referrals to a reentry court pursuant to
12Section 3015.

13(e) “Flash incarceration” is a period of detention in county jail
14due to a violation of a parolee’s conditions of parole. The length
15of the detention period can range between one and 10 consecutive
16days. Shorter, but if necessary more frequent, periods of detention
17for violations of a parolee’s conditions of parole shall appropriately
18punish a parolee while preventing the disruption in a work or home
19establishment that typically arises from longer periods of detention.

20(f) If the supervising parole agency has determined, following
21application of its assessment processes, that intermediate sanctions
22up to and including flash incarceration are not appropriate, the
23supervising parole agency shall, pursuant to Section 1203.2,
24petition either the court in the county in which the parolee is being
25supervised or the court in the county in which the alleged violation
26of supervision occurred, to revoke parole. At any point during the
27process initiated pursuant to this section, a parolee may waive, in
28writing, his or her right to counsel, admit the parole violation,
29waive a court hearing, and accept the proposed parole modification
30or revocation. The petition shall include a written report that
31contains additional information regarding the petition, including
32the relevant terms and conditions of parole, the circumstances of
33the alleged underlying violation, the history and background of
34the parolee, and any recommendations. The Judicial Council shall
35adopt forms and rules of court to establish uniform statewide
36procedures to implement this subdivision, including the minimum
37contents of supervision agency reports. Upon a finding that the
38person has violated the conditions of parole, the court shall have
39authority to do any of the following:

P53   1(1) Return the person to parole supervision with modifications
2of conditions, if appropriate, including a period of incarceration
3in county jail.

4(2) Revoke parole and order the person to confinement in the
5county jail.

6(3) Refer the person to a reentry court pursuant to Section 3015
7or other evidence-based program in the court’s discretion.

8(g) Confinement pursuant to paragraphs (1) and (2) of
9subdivision (f) shall not exceed a period of 180 days in the county
10jail.

11(h) Notwithstanding any other law, if Section 3000.1 or
12paragraph (4) of subdivision (b) of Section 3000 applies to a person
13who is on parole and the court determines that the person has
14committed a violation of law or violated his or her conditions of
15parole, the person on parole shall be remanded to the custody of
16the Department of Corrections and Rehabilitation and the
17jurisdiction of the Board of Parole Hearings for the purpose of
18future parole consideration.

19(i) Notwithstanding subdivision (a), any of the following persons
20released from state prison shall be subject to the jurisdiction of,
21and parole supervision by, the Department of Corrections and
22Rehabilitation for a period of parole up to three years or the parole
23term the person was subject to at the time of the commission of
24the offense, whichever is greater:

25(1) The person is required to register as a sex offender pursuant
26to Chapter 5.5 (commencing with Section 290) of Title 9 of Part
271, and was subject to a period of parole exceeding three years at
28the time he or she committed a felony for which they were
29convicted and subsequently sentenced to state prison.

30(2) The person was subject to parole for life pursuant to Section
313000.1 at the time of the commission of the offense that resulted
32in a conviction and state prison sentence.

33(j) Parolees subject to this section who have a pending
34adjudication for a parole violation on July 1, 2013, are subject to
35the jurisdiction of the Board of Parole Hearings. Parole revocation
36proceedings conducted by the Board of Parole Hearings prior to
37July 1, 2013, if reopened on or after July 1, 2013, are subject to
38the jurisdiction of the Board of Parole Hearings.

39(k) Except as described in subdivision (c), any person who is
40convicted of a felony that requires community supervision and
P54   1who still has a period of state parole to serve shall discharge from
2state parole at the time of release to community supervision.

3(l)  Any person released to parole supervision pursuant to
4subdivision (a) shall, regardless of any subsequent determination
5that the person should have been released pursuant to subdivision
6(b), remain subject to subdivision (a) after having served 60 days
7under supervision pursuant to subdivision (a).

8 (m) This section shall become operative on July 1, 2013.

9

SEC. 10.  

Section 3003 of the Penal Code is amended to read:

10

3003.  

(a) Except as otherwise provided in this section, an
11inmate who is released on parole or postrelease supervision as
12provided by Title 2.05 (commencing with Section 3450) shall be
13returned to the county that was the last legal residence of the inmate
14prior to his or her incarceration. For purposes of this subdivision,
15“last legal residence” shall not be construed to mean the county
16wherein the inmate committed an offense while confined in a state
17prison or local jail facility or while confined for treatment in a
18state hospital.

19(b) Notwithstanding subdivision (a), an inmate may be returned
20to another county if that would be in the best interests of the public.
21If the Board of Parole Hearings setting the conditions of parole
22for inmates sentenced pursuant to subdivision (b) of Section 1168,
23as determined by the parole consideration panel, or the Department
24of Corrections and Rehabilitation setting the conditions of parole
25for inmates sentenced pursuant to Section 1170, decides on a return
26to another county, it shall place its reasons in writing in the
27parolee’s permanent record and include these reasons in the notice
28to the sheriff or chief of police pursuant to Section 3058.6. In
29making its decision, the paroling authority shall consider, among
30others, the following factors, giving the greatest weight to the
31protection of the victim and the safety of the community:

32(1) The need to protect the life or safety of a victim, the parolee,
33a witness, or any other person.

34(2) Public concern that would reduce the chance that the
35inmate’s parole would be successfully completed.

36(3) The verified existence of a work offer, or an educational or
37vocational training program.

38(4) The existence of family in another county with whom the
39inmate has maintained strong ties and whose support would
P55   1increase the chance that the inmate’s parole would be successfully
2completed.

3(5) The lack of necessary outpatient treatment programs for
4parolees receiving treatment pursuant to Section 2960.

5(c) The Department of Corrections and Rehabilitation, in
6determining an out-of-county commitment, shall give priority to
7the safety of the community and any witnesses and victims.

8(d) In making its decision about an inmate who participated in
9a joint venture program pursuant to Article 1.5 (commencing with
10Section 2717.1) of Chapter 5, the paroling authority shall give
11serious consideration to releasing him or her to the county where
12the joint venture program employer is located if that employer
13states to the paroling authority that he or she intends to employ
14the inmate upon release.

15(e) (1) The following information, if available, shall be released
16by the Department of Corrections and Rehabilitation to local law
17enforcement agencies regarding a paroled inmate or inmate placed
18on postrelease supervision pursuant to Title 2.05 (commencing
19with Section 3450) who is released in their jurisdictions:

20(A) Last, first, and middle name.

21(B) Birth date.

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

23(D) Date of parole and discharge.

24(E) Registration status, if the inmate is required to register as a
25result of a controlled substance, sex, or arson offense.

26(F) California Criminal Information Number, FBI number, social
27security number, and driver’s license number.

28(G) County of commitment.

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

30(I) Offense or offenses for which the inmate was convicted that
31resulted in parole in this instance.

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

33(i) Street name and number. Post office box numbers are not
34acceptable for purposes of this subparagraph.

35(ii) City and ZIP Code.

36(iii) Date that the address provided pursuant to this subparagraph
37was proposed to be effective.

38(K) Contact officer and unit, including all of the following
39information:

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

P56   1(ii) Contact unit type of each contact officer such as units
2responsible for parole, registration, or county probation.

3(L) A digitized image of the photograph and at least a single
4digit fingerprint of the parolee.

5(M) A geographic coordinate for the parolee’s residence location
6for use with a Geographical Information System (GIS) or
7comparable computer program.

8(2) Unless the information is unavailable, the Department of
9Corrections and Rehabilitation shall electronically transmit to the
10county agency identified in subdivision (a) of Section 3451 the
11inmate’s tuberculosis status, specific medical, mental health, and
12outpatient clinic needs, and any medical concerns or disabilities
13for the county to consider as the offender transitions onto
14postrelease community supervision pursuant to Section 3450, for
15the purpose of identifying the medical and mental health needs of
16the individual. All transmissions to the county agency shall be in
17compliance with applicable provisions of the federal Health
18Insurance Portability and Accountability Act of 1996 (HIPAA)
19(Public Law 104-191), the federal Health Information Technology
20for Clinical Health Act (HITECH) (Public Law 111-005), and the
21implementing of privacy and security regulations in Parts 160 and
22164 of Title 45 of the Code of Federal Regulations. This paragraph
23shall not take effect until the Secretary of the United States
24Department of Health and Human Services, or his or her designee,
25determines that this provision is not preempted by HIPAA.

26(3) Except for the information required by paragraph (2), the
27information required by this subdivision shall come from the
28statewide parolee database. The information obtained from each
29source shall be based on the same timeframe.

30 (4) All of the information required by this subdivision shall be
31provided utilizing a computer-to-computer transfer in a format
32usable by a desktop computer system. The transfer of this
33information shall be continually available to local law enforcement
34agencies upon request.

35 (5) The unauthorized release or receipt of the information
36described in this subdivision is a violation of Section 11143.

37(f) Notwithstanding any other provision of law, an inmate who
38is released on parole shall not be returned to a location within 35
39miles of the actual residence of a victim of, or a witness to, a
40violent felony as defined in paragraphs (1) to (7), inclusive, and
P57   1paragraph (16) of subdivision (c) of Section 667.5 or a felony in
2which the defendant inflicts great bodily injury on any person other
3than an accomplice that has been charged and proved as provided
4for in Section 12022.53, 12022.7, or 12022.9, if the victim or
5 witness has requested additional distance in the placement of the
6inmate on parole, and if the Board of Parole Hearings or the
7Department of Corrections and Rehabilitation finds that there is a
8need to protect the life, safety, or well-being of a victim or witness.

9(g) Notwithstanding any other law, an inmate who is released
10on parole for a violation of Section 288 or 288.5 whom the
11Department of Corrections and Rehabilitation determines poses a
12high risk to the public shall not be placed or reside, for the duration
13of his or her parole, within one-half mile of any public or private
14school including any or all of kindergarten and grades 1 to 12,
15inclusive.

16(h) Notwithstanding any other law, an inmate who is released
17on parole for an offense involving stalking shall not be returned
18to a location within 35 miles of the victim’s actual residence or
19place of employment if the victim or witness has requested
20additional distance in the placement of the inmate on parole, and
21if the Board of Parole Hearings or the Department of Corrections
22and Rehabilitation finds that there is a need to protect the life,
23safety, or well-being of the victim.

24(i) The authority shall give consideration to the equitable
25distribution of parolees and the proportion of out-of-county
26commitments from a county compared to the number of
27commitments from that county when making parole decisions.

28(j) An inmate may be paroled to another state pursuant to any
29other law. The Department of Corrections and Rehabilitation shall
30coordinate with local entities regarding the placement of inmates
31placed out of state on postrelease supervision pursuant to Title
322.05 (commencing with Section 3450).

33(k) (1) Except as provided in paragraph (2), the Department of
34Corrections and Rehabilitation shall be the agency primarily
35responsible for, and shall have control over, the program, resources,
36and staff implementing the Law Enforcement Automated Data
37System (LEADS) in conformance with subdivision (e). County
38agencies supervising inmates released to postrelease supervision
39pursuant to Title 2.05 (commencing with Section 3450) shall
40provide any information requested by the department to ensure
P58   1the availability of accurate information regarding inmates released
2from state prison. This information may include the issuance of
3warrants, revocations, or the termination of postrelease supervision.
4On or before August 1, 2011, county agencies designated to
5supervise inmates released to postrelease supervision shall notify
6the department that the county agencies have been designated as
7the local entity responsible for providing that supervision.

8(2) Notwithstanding paragraph (1), the Department of Justice
9shall be the agency primarily responsible for the proper release of
10information under LEADS that relates to fingerprint cards.

11(l) In addition to the requirements under subdivision (k), the
12Department of Corrections and Rehabilitation shall submit to the
13Department of Justice data to be included in the supervised release
14file of the California Law Enforcement Telecommunications
15System (CLETS) so that law enforcement can be advised through
16CLETS of all persons on postrelease community supervision and
17the county agency designated to provide supervision. The data
18required by this subdivision shall be provided via electronic
19transfer.

20

SEC. 11.  

Section 3451 of the Penal Code is amended to read:

21

3451.  

(a) Notwithstanding any other law and except for persons
22serving a prison term for any crime described in subdivision (b),
23all persons released from prison on and after October 1, 2011, or,
24whose sentence has been deemed served pursuant to Section 2900.5
25after serving a prison term for a felony shall, upon release from
26prison and for a period not exceeding three years immediately
27following release, be subject to community supervision provided
28by a county agency designated by each county’s board of
29supervisors which is consistent with evidence-based practices,
30including, but not limited to, supervision policies, procedures,
31programs, and practices demonstrated by scientific research to
32reduce recidivism among individuals under postrelease supervision.

33(b) This section shall not apply to any person released from
34prison after having served a prison term for any of the following:

35(1) A serious felony described in subdivision (c) of Section
361192.7.

37(2) A violent felony described in subdivision (c) of Section
38667.5.

P59   1(3) A crime for which the person was sentenced pursuant to
2paragraph (2) of subdivision (e) of Section 667 or paragraph (2)
3of subdivision (c) of Section 1170.12.

4(4) Any crime for which the person is classified as a high risk
5sex offender.

6(5) Any crime for which the person is required, as a condition
7of parole, to undergo treatment by the State Department of State
8Hospitals pursuant to Section 2962.

9(c) (1) Postrelease supervision under this title shall be
10implemented by a county agency according to a postrelease strategy
11designated by each county’s board of supervisors.

12(2) The Department of Corrections and Rehabilitation shall
13inform every prisoner subject to the provisions of this title, upon
14release from state prison, of the requirements of this title and of
15his or her responsibility to report to the county agency responsible
16for serving that inmate. The department shall also inform persons
17serving a term of parole for a felony offense who are subject to
18this section of the requirements of this title and of his or her
19responsibility to report to the county agency responsible for serving
20that parolee. Thirty days prior to the release of any person subject
21to postrelease supervision by a county, the department shall notify
22the county of all information that would otherwise be required for
23parolees under subdivision (e) of Section 3003.

24(d)  Any person released to postrelease community supervision
25pursuant to subdivision (a) shall, regardless of any subsequent
26determination that the person should have been released to parole
27pursuant to Section 3000.08, remain subject to subdivision (a) after
28having served 60 days under supervision pursuant to subdivision
29(a).

30

SEC. 12.  

Section 4019.1 is added to the Penal Code, to read:

31

4019.1.  

(a) Notwithstanding any other law, the sheriff or
32county director of corrections may, at his or her discretion, award
33additional time credits to any inmate sentenced to the county jail
34who participates in an in-custody work or job training program
35other than those specified in Section 4019.2, and who is eligible
36to receive one day of credit for every one day of incarceration
37pursuant to Section 4019. The sheriff or county director of
38corrections may instead award one and one-half days of credit for
39every one day of incarceration while satisfactorily participating in
40work or job training subject to this section.

P60   1(b) As used in this section, a work or job training program
2includes, but is not limited to, any inmate working on an industrial
3 farm or industrial road camp as authorized in Section 4101, an
4environmental improvement and preservation program, or projects
5such as forest and brush fire prevention, forest, brush, and
6watershed management, fish and game management, soil
7conservation, and forest and watershed revegetation.

8

SEC. 13.  

Section 5003.2 is added to the Penal Code, to read:

9

5003.2.  

(a) The Secretary of the Department of Corrections
10and Rehabilitation, or his or her designee, shall provide written
11notification to any county impacted by the opening, closing, or
12changing of location of any reception center that accepts prisoners
13from county facilities, or by the opening, closing, or changing of
14the location of a parole office. Written notification of these changes
15shall also be provided to the California State Association of
16Counties, the California State Sheriffs’ Association, and the Chief
17Probation Officers of California at least 90 days prior to the
18proposed change.

19(b) The notification requirement in this section shall not apply
20to the opening, closing, or changing of location of a facility due
21to an emergency created by a riot, quarantine, or natural disaster.

22

SEC. 14.  

Section 13821 of the Penal Code is amended to read:

23

13821.  

(a) For the 2011-12 fiscal year, the Controller shall
24allocate 9 percent of the amount deposited in the Local Law
25Enforcement Services Account in the Local Revenue Fund 2011
26to the California Emergency Management Agency. The Controller
27shall allocate these funds on a quarterly basis beginning on October
281. These funds shall be allocated by the Controller pursuant to a
29schedule provided by the California Emergency Management
30Agency which shall be developed according to the agency’s
31existing programmatic guidelines and the following percentages:

32(1) The California Multi-Jurisdictional Methamphetamine
33Enforcement Teams shall receive 47.52 percent in the 2011-12
34fiscal year.

35(2) The Multi-Agency Gang Enforcement Consortium shall
36receive 0.2 percent in the 2011-12 fiscal year.

37(3) The Sexual Assault Felony Enforcement Teams, authorized
38by Section 13887, shall receive 12.48 percent in the 2011-12 fiscal
39year.

P61   1(4) The High Technology Theft Apprehension and Prosecution
2Program, authorized by Section 13848.2, shall receive 26.83
3percent in the 2011-12 fiscal year.

4(5) The Gang Violence Suppression Program authorized by
5Section 13826.1, shall receive 3.91 percent in the 2011-12 fiscal
6year.

7(6) The Central Valley and Central Coast Rural Crime
8Prevention Programs, authorized by Sections 14170 and 14180,
9shall receive 9.06 percent in the 2011-12 fiscal year.

10(b) For the 2011-12 fiscal year, the California Emergency
11Management Agency may be reimbursed up to five hundred eleven
12thousand dollars ($511,000) from the funds allocated in subdivision
13(a) for program administrative costs.

14(c) Commencing with the 2012-13 fiscal year, the Controller
15shall allocate 8.35 percent of the amount deposited in the
16Enhancing Law Enforcement Activities Subaccount in the Local
17Revenue Fund 2011 and shall distribute the moneys as follows:

18(1) Commencing with the 2012-13 fiscal year, the California
19Multi-Jurisdictional Methamphetamine Enforcement Teams shall
20receive 47.52 percent and shall be allocated by the Controller
21according 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%

 

P63   5(2) Commencing with the 2013-14 fiscal year, the California
6Multi-Jurisdictional Methamphetamine Enforcement Teams shall
7receive 47.52 percent and shall be allocated in monthly installments
8by 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%

 

P64  31(3) Commencing with the 2012-13 fiscal year, the Multi-Agency
32Gang Enforcement Consortium shall receive 0.2 percent and shall
33be allocated by the Controller to Fresno County.

34(4) Commencing with the 2013-14 fiscal year, the Multi-Agency
35Gang Enforcement Consortium shall receive 0.2 percent and shall
36be allocated in monthly installments by the Controller to Fresno
37County.

38(5) Commencing with the 2012-13 fiscal year, the Sexual
39Assault Felony Enforcement Teams, authorized by Section 13887,
P65   1shall receive 12.48 percent and shall be allocated by the Controller
2according 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%

 

12(6) Commencing with the 2013-14 fiscal year, the Sexual
13Assault Felony Enforcement Teams, authorized by Section 13887,
14shall receive 12.48 percent and shall be allocated by the Controller
15in monthly installments 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%

 

25(7) Commencing with the 2012-13 fiscal year, the High
26Technology Theft Apprehension and Prosecution Program,
27authorized by Section 13848.2, shall receive 26.83 percent and
28shall be allocated by the Controller according to the following
29schedule:

 

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%

 

P66   3(8) Commencing with the 2013-14 fiscal year, the High
4Technology Theft Apprehension and Prosecution Program,
5authorized by Section 13848.2, shall receive 26.83 percent and
6 shall be allocated by the Controller in monthly installments
7according 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%

 

20(9) Commencing with the 2012-13 fiscal year, the Gang
21Violence Suppression Program, authorized by Section 13826.1,
22shall receive 3.91 percent and shall be allocated by the Controller
23according 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%

 

32(10) Commencing with the 2013-14 fiscal year, the Gang
33Violence Suppression Program, authorized by Section 13826.1,
34shall receive 3.91 percent and shall be allocated by the Controller
35in monthly installments 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%

 

P67   5(11) Commencing with the 2012-13 fiscal year, the Central
6Valley and Central Coast Rural Crime Prevention Programs,
7authorized by Sections 14170 and 14180, shall receive 9.06 percent
8and shall be allocated by the Controller according to the following
9schedule:

 

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%

 

25(12) Commencing with the 2013-14 fiscal year, the Central
26Valley and Central Coast Rural Crime Prevention Programs,
27authorized by Sections 14170 and 14180, shall receive 9.06 percent
28and shall be allocated by the Controller in monthly installments
29according 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%

 

P68   6(d) For any of the programs described in this section, funding
7will be distributed by local agencies as would otherwise have
8occurred pursuant to Section 1 of Chapter 13 of the Statutes of
92011, First Extraordinary Session.

10

SEC. 15.  

Section 1955 of the Welfare and Institutions Code is
11amended to read:

12

1955.  

(a) The allocation amount for each county from the
13Youthful Offender Block Grant Fund for offenders subject to
14Sections 733, 1766, and 1767.35 shall be allocated in four equal
15installments, to be paid in September, December, March, and June
16of each fiscal year, until June 30, 2013. Commencing with the
172013-14 fiscal year, the allocation amount for each county from
18the Youthful Offender Block Grant Special Account established
19in paragraph (2) of subdivision (c) of Section 30025 of the
20Government Code for offenders subject to Sections 733, 1766,
21and 1767.35 shall be allocated in monthly installments. In each
22fiscal year, the allocation amount shall be determined as follows:

23(1) Fifty percent based on the number of the county’s juvenile
24felony court dispositions, according to the most recent data
25compiled by the Department of Justice, calculated as a percentage
26of the state total.

27(2) Fifty percent based on the county’s population of minors
28from 10 to 17 years of age, inclusive, according to the most recent
29data published by the Department of Finance, calculated as a
30percentage of the state total.

31(b) Each county shall receive a minimum block grant allocation
32of fifty-eight thousand five hundred dollars ($58,500) for the
332007-08 fiscal year, and a minimum block grant allocation of one
34hundred seventeen thousand dollars ($117,000) for each fiscal year
35thereafter.

36(c) Commencing with the 2008-09 fiscal year, allocations shall
37be available to counties that have met the requirements of Section
381961.

P69   1

SEC. 16.  

Section 1984 of the Welfare and Institutions Code is
2amended to read:

3

1984.  

(a) The amount allocated to each county probation
4department from the Juvenile Reentry Grant shall be distributed
5in two equal payments to be paid on October 30 and May 30 of
6each fiscal year, until June 30, 2013. Commencing with the
72013-14 fiscal year, the amount allocated to each county probation
8department from the Juvenile Reentry Grant Special Account
9established in paragraph (2) of subdivision (c) of Section 30025
10of the Government Code shall be allocated in monthly installments.
11In each fiscal year the amount allocated to each county probation
12department from the Juvenile Reentry Grant Special Account shall
13be distributed pursuant to the criteria set forth in subdivisions (b)
14to (g), inclusive, of this section.

15(b) Consistent with Sections 1766 and 1766.01, funds shall be
16allocated in the amount of fifteen thousand dollars ($15,000) on
17an average daily population basis per ward discharged to the
18jurisdiction of the court and ordered by the court to be supervised
19by local county probation for monitoring and services during the
20previous fiscal year based on the actual number of discharged
21wards supervised at the local level. For each discharged ward, this
22funding shall be provided for 24 months.

23(c) Consistent with Sections 208.5, 1767.35, and 1767.36, funds
24shall be allocated in the amount of one hundred fifteen thousand
25dollars ($115,000) on an average daily population basis per
26discharged ward transferred to a local juvenile facility for violating
27a condition of court-ordered supervision during the previous fiscal
28year based on the actual number of discharged wards housed in a
29local juvenile detention facility or court-ordered placement facility
30where the costs of the housing is not reimbursable to the county
31through Title IV-E of the federal Social Security Act, or Medi-Cal.
32For each discharged ward, this funding shall be provided for the
33actual number of months the ward is housed in a facility up to 12
34months. This funding shall not be provided for wards housed in a
35jail under any circumstances.

36(d) Consistent with Section 731.1, funds shall be allocated in
37the amount of fifteen thousand dollars ($15,000) on an average
38daily population basis per parolee recalled by the county of
39commitment for monitoring and services during the previous fiscal
40year based on the actual number of parolees recalled. For each
P70   1 recalled parolee, this funding shall be provided for the remaining
2duration of the term of state supervision, not to exceed 24 months.

3(e) Consistent with Sections 1766 and 1766.01, funds shall be
4allocated in the amount of fifteen thousand dollars ($15,000) on
5an average daily population basis per discharged ward transferred
6to the county of commitment for monitoring and services during
7the previous fiscal year based on the actual number of wards
8transferred. For each ward transferred on and after July 1, 2014,
9this funding shall be provided for the remaining duration of the
10term of juvenile court jurisdiction, not to exceed 24 months.

11(f) Consistent with Sections 208.5, 1767.35, and 1767.36, no
12additional funding, beyond the initial fifteen thousand dollars
13($15,000) provided pursuant to subdivision (b) shall be allocated
14to counties for discharged wards who are housed in county jail or
15in any other county correctional facility for violating a condition
16of court-ordered supervision during the previous fiscal year.

17(g) Consistent with Sections 208.5, 1767.35, and 1767.36, no
18additional funding, beyond the initial fifteen thousand dollars
19($15,000) provided pursuant to subdivision (b) shall be allocated
20to counties for discharged wards who are housed in a state juvenile
21facility for violating a condition of court-ordered supervision during
22the previous fiscal year.

23

SEC. 17.  

Section 18220 of the Welfare and Institutions Code
24 is amended to read:

25

18220.  

(a) For the 2011-12 fiscal year, the Controller shall
26allocate 33.38 percent of the funds deposited in the Local Law
27Enforcement Services Account in the Local Revenue Fund 2011
28for purposes of Section 18221.

29(b)  (1)  Commencing with the 2012-13 fiscal year, the
30Controller shall allocate 30.99 percent of the funds deposited in
31the Enhancing Law Enforcement Activities Subaccount in the
32Local Revenue Fund 2011 according to the schedule in subdivision
33(c), for purposes of Section 18221.

34(2) Commencing with the 2013-14 fiscal year, the Controller
35shall allocate, in monthly installments, the funds specified in
36paragraph (1) in accordance with subdivision (c).

37(c) The Controller shall allocate funds to local jurisdictions to
38support juvenile probation activities according to the following
39schedule:

 

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%

  

 

21

SEC. 18.  

Section 18220.1 of the Welfare and Institutions Code
22 is amended to read:

23

18220.1.  

(a) For the 2011-12 fiscal year, the Controller shall,
24on a quarterly basis beginning October 1, allocate 6.47 percent of
25the funds deposited in the Local Law Enforcement Services
26Account in the Local Revenue Fund 2011 pursuant to a schedule
27provided by the Department of Corrections and Rehabilitation.
28The department’s schedule shall provide for the allocation of funds
29appropriated in the annual Budget Act, and included in the Local
30Law Enforcement Services Account, among counties that operate
31juvenile camps and ranches based on the number of occupied beds
32in each camp as of 12:01 a.m. each day, up to the Corrections
33Standards Authority rated maximum capacity, as determined by
34the Corrections Standards Authority.

35(b) Commencing with the 2012-13 fiscal year, the Controller
36shall allocate 6.01 percent of the funds deposited in the Enhancing
37Law Enforcement Activities Subaccount in the Local Revenue
38Fund 2011 pursuant to the schedule provided by the Department
39of Finance based on data reported to the Board of State and
40Community Corrections. The schedule shall provide for the
P73   1allocation of funds appropriated in the annual Budget Act, and
2included in the Enhancing Law Enforcement Activities Subaccount,
3among counties that operate juvenile camps and ranches based on
4the number of occupied beds in each camp as of 12:01 a.m. each
5day, up to the rated maximum capacity, as determined by the board.
6Allocations shall be made following the end of each fiscal quarter,
7beginning July 1, 2012, to account for beds occupied in that quarter.

8(c) Commencing with the 2013-14 fiscal year, the Controller
9shall allocate 6.01 percent of the funds deposited in the Enhancing
10Law Enforcement Activities Subaccount in the Local Revenue
11Fund 2011 pursuant to the schedule provided by the Department
12of Finance based on data reported to the Board of State and
13Community Corrections. The schedule shall provide for the
14allocation of funds appropriated in the annual Budget Act, and
15included in the Enhancing Law Enforcement Activities Subaccount,
16among counties that operate juvenile camps and ranches based on
17the number of occupied beds in each camp as of 12:01 a.m. each
18day, up to the rated maximum capacity, as determined by the board.
19Allocations shall be made in monthly installments.

20

SEC. 19.  

If the Commission on State Mandates determines
21that this act contains costs mandated by the state, reimbursement
22to local agencies and school districts for those costs shall be made
23pursuant to Part 7 (commencing with Section 17500) of Division
244 of Title 2 of the Government Code.

25

SEC. 20.  

The amount of two thousand dollars ($2,000) is
26hereby appropriated from the California Bingo Fund to the
27Gambling Control Commission for the purpose of supporting
28workload associated with the licensing of remote callerbegin delete beingend deletebegin insert bingo end insert
29 vendors, and shall be available for encumbrance and expenditure
30until June 30, 2014.

31

SEC. 21.  

This act is a bill providing for appropriations related
32to the Budget Bill within the meaning of subdivision (e) of Section
3312 of Article IV of the California Constitution, has been identified
34as related to the budget in the Budget Bill, and shall take effect
35immediately.



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