Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 807

Introduced by Assembly Member Ammiano

February 21, 2013

An act to amend begin delete Section 1202.7 end delete begin insert Sections 13010.5, 13012, and 13012.5 end insert of the Penal Code, relating to begin delete probation. end delete begin insert criminal justice statistics. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 807, as amended, Ammiano. begin delete Probation services. end delete begin insert Criminal justice statistics. end insert

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Existing law requires the Department of Justice to collect specified criminal justice information from local law enforcement agencies, to tabulate, analyze, and interpret the collected data, and to prepare an annual report presenting the criminal justice statistics for the previous year.

end insert begin insert

This bill would require the Department of Justice to include in the annual report additional statistical information relating to complaints received by law enforcement agencies, as specified, and criminal convictions of peace officers. The bill would also make technical, nonsubstantive changes.

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Existing law makes specified findings relating to the provision of probation services, including the primary considerations in the granting of probation.

end delete begin delete

This bill would make technical, nonsubstantive changes to these provisions.

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

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

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begin insert SECTION 1. end insert   

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begin insert Section 13010.5 of the end insert begin insert Penal Code end insert begin insert is amended
to read: end insert

13010.5.  

The department shall collect data pertaining to the
juvenile justice system for criminal history and statistical purposes.
This information shall serve to assist the department in complying
with the reporting requirement of begin delete subdivisions (c) and (d) end delete
begin insert paragraphs (3) and (4) of subdivision (a) end insert of Section 13012,
measuring the extent of juvenile delinquency, determining the
need for and effectiveness of relevant legislation, and identifying
long-term trends in juvenile delinquency. Any data collected
pursuant to this section may include criminal history information
which may be used by the department to comply with the
requirements of Section 602.5 of the Welfare and Institutions Code.

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begin insert SEC. 2. end insert   

end insert

begin insert Section 13012 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

13012.  

begin insert (a) end insert begin insert   end insert The annual report of the department provided for
in Section 13010 shall contain statistics showing all of the
following:

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(a)

end delete

begin insert ( end insert begin insert 1) end insert  The amount and the types of offenses known to the public
authorities.

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(b)

end delete

begin insert ( end insert begin insert 2) end insert  The personal and social characteristics of criminals and
delinquents.

begin delete

(c)

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begin insert ( end insert begin insert 3) end insert  The administrative actions taken by law enforcement,
judicial, penal, and correctional agencies or institutions, including
those in the juvenile justice system, in dealing with criminals or
delinquents.

begin delete

(d)

end delete

begin insert ( end insert begin insert 4) end insert  The administrative actions taken by law enforcement,
prosecutorial, judicial, penal, and correctional agencies, including
those in the juvenile justice system, in dealing with minors who
are the subject of a petition or hearing in the juvenile court to
transfer their case to the jurisdiction of an adult criminal court or
whose cases are directly filed or otherwise initiated in an adult
criminal court.

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(e) The number of citizens’ complaints received by law
enforcement agencies under Section 832.5. These statistics shall
indicate the total number of these complaints, the number alleging
criminal conduct of either a felony or misdemeanor, and the
number sustained in each category. The report shall not contain a
reference to any individual agency but shall be by gross numbers
only.

end delete begin insert

(5) (A) The total number of each of the following:

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(i) Citizen’s complaints received by law enforcement agencies
under Section 832.5.

end insert begin insert

(ii) Complaints received by law enforcement agencies against
the personnel of a department or agency that employs peace
officers that are made by that personnel’s supervisor or by the
personnel of another department or agency that employs peace
officers.

end insert begin insert

(iii) Complaints received by law enforcement agencies against
the personnel of a department or agency that employs peace
officers in which the identity of the complainant is unknown.

end insert begin insert

(B) The department shall categorize each complaint into one
of the categories identified in clauses (i) to (ix), inclusive, and
report the number of complaints received by law enforcement
agencies within each of those categories.

end insert begin insert

(i) “Excessive force,” which means a complaint regarding the
use or threatened use of excessive force against a person.

end insert begin insert

(ii) “Improper arrest,” which means a complaint that the
restraint of a person’s liberty was improper or unjust, or violated
the person’s civil liberties.

end insert begin insert

(iii) “Improper entry,” which means a complaint that the entry
into a building or onto property was improper or that excessive
force was used against property to gain entrance into a building
or onto property.

end insert begin insert

(iv) “Improper search,” which means a complaint that the
search of a person or property was improper.

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(v) “Other criminal violation,” which means a complaint
regarding the commission of an illegal act not otherwise specified.

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(vi) “Differential treatment,” which means a complaint that the
taking, failure to take, or method of police action was predicated
upon irrelevant factors, including, but not limited to, race,
appearance, age, or sex.

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(vii) “Demeanor,” which means a complaint that the personnel’s
bearing, gestures, language, or other characteristics or actions
were inappropriate.

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(viii) “Other rule violation,” which means a complaint for
conduct that violates agency rules, but that is not encompassed in
a category specified in clauses (i) to (vii), inclusive.

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(C) The statistics required to be reported pursuant to this
paragraph shall indicate, within each category of complaint
identified in subparagraph (B), the number of complaints within
each of the following disposition categories:

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(i) “Sustained,” which means that the investigation disclosed
sufficient evidence to prove the truth of the allegation in the
complaint by a preponderance of the evidence.

end insert begin insert

(ii) “Exonerated,” which means that the investigation clearly
established that the actions of the personnel that formed the basis
of the complaint are not a violation of law or agency policy.

end insert begin insert

(iii) “Not sustained,” which means that the investigation failed
to disclose sufficient evidence to clearly prove or disprove the
allegation in the complaint.

end insert begin insert

(iv) “Unfounded,” which means that the investigation clearly
established that the allegation is not true.

end insert begin insert

(D) The statistics required to be reported pursuant to this
paragraph shall be reported for each individual law enforcement
agency.

end insert begin insert

(6) The total number of felony and misdemeanor convictions
incurred by peace officers for conduct occurring either on- or
off-duty.

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It

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begin insert (b) end insert begin insert   end insert begin insert It end insert shall be the duty of the department to give adequate
interpretation of the statistics and so to present the information
that it may be of value in guiding the policies of the Legislature
and of those in charge of the apprehension, prosecution, and
treatment of the criminals and delinquents, or concerned with the
prevention of crime and delinquency. The report shall also include
statistics which are comparable with national uniform criminal
statistics published by federal bureaus or departments heretofore
mentioned.

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begin insert SEC. 3. end insert   

end insert

begin insert Section 13012.5 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

13012.5.  

(a) The annual report published by the department
under Section 13010 shall, in regard to the contents required by
subdivision (d) of Section 13012, include the following statewide
information:

(1) The annual number of fitness hearings held in the juvenile
courts under Section 707 of the Welfare and Institutions Code,
and the outcomes of those hearings including orders to remand to
adult criminal court, cross-referenced with information about the
age, gender, ethnicity, and offense of the minors whose cases are
the subject of those fitness hearings.

(2) The annual number of minors whose cases are filed directly
in adult criminal court under Sections 602.5 and 707 of the Welfare
and Institutions Code, cross-referenced with information about the
age, gender, ethnicity, and offense of the minors whose cases are
filed directly to the adult criminal court.

(3) The outcomes of cases involving minors who are prosecuted
in adult criminal courts, regardless of how adult court jurisdiction
was initiated, including whether the minor was acquitted or
convicted, or whether the case was dismissed and returned to
juvenile court, including sentencing outcomes, cross-referenced
with the age, gender, ethnicity, and offense of the minors subject
to these court actions.

(b) The department’s annual report published under Section
13010 shall include the information described in begin delete subdivision (d) end delete
begin insert paragraph (4) of subdivision (a) end insert of Section 13012, as further
delineated by this section, beginning with the report due on July
1, 2003, for the preceding calendar year.

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SECTION 1.  

Section 1202.7 of the Penal Code is amended to
read:

1202.7.  

(a) The Legislature finds and declares that the
provision of probation services is an essential element in the
administration of criminal justice.

(b) The primary considerations in the granting of probation shall
be the safety of the public, which shall be a primary goal through
the enforcement of court-ordered conditions of probation; the
nature of the offense; the interests of justice, including punishment,
reintegration of the offender into the community, and enforcement
of conditions of probation; the loss to the victim; and the needs of
the defendant.

(c) It is the intent of the Legislature that efforts be made to
engage in treatment persons who are subject to Section 290.011
and who are on probation.

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