Amended in Senate June 12, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1468


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

January 9, 2014


An actbegin delete relating to the Budget Act of 2014.end deletebegin insert to amend Sections 12803, 15820.92, 15820.921, 15820.924, 30062, and 30070 of, to add Section 69927 to, and to add Chapter 3.131 (commencing with Section 15820.93) to Part 10b of Division 3 of Title 2 of, the Government Code, to add Section 1251.4 to the Health and Safety Code, to amend Sections 830.3, 830.38, 1026, 1170, 1170.3, 1233.15, 1233.6, 1233.61, 1370, 2694, 3060.7, 5006, 6141, 7050, 13821, and 13826.1 of, to add Sections 17.7, 667.2, 1170.06, 1233.10, 6032, and 6402 to, to add Article 2.4 (commencing with Section 3016) to Chapter 8 of Title 1 of Part 3 of, and to add Article 4 (commencing with Section 6045) to Chapter 5 of Title 7 of Part 3 of, the Penal Code, to amend Section 14306 of the Public Resources Code, and to amend Sections 1955, 1981, 1984, and 7228 of, to amend and repeal Section 17012.5 of, to amend, repeal, and add Sections 11251.3 and 18901.3 of, to add Section 7234 to, and to add and repeal Section 4023.5 of, the Welfare and Institutions Code, relating to public safety, and making an appropriation therefor, to take effect immediately, bill related to the budget.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1468, as amended, Committee on Budget. begin deleteBudget Act of 2014. end deletebegin insertPublic Safety.end insert

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Existing law establishes the Department of Finance with general powers of supervision over all matters concerning the financial and business policies of the state. Existing law authorizes the Department of Corrections and Rehabilitation, a participating county, as defined, and the State Public Works Board to enter into a construction agreement in order to acquire, design, and construct a local jail facility, as specified, using the proceeds of revenue bonds, notes, or bond anticipation notes issued by the State Public Works Board for that purpose.

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This bill would require the Department of Finance, in consultation with the County of Los Angeles, to identify options for ways the state may assist in addressing the mental health and health infrastructure needs of the County of Los Angeles jail system and report its findings to the Joint Legislative Budget Committee on or before January 15, 2015.

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Existing law authorizes the Board of State and Community Corrections, the State Public Works Board, and a participating county, as defined, to acquire, design, and construct an adult local criminal justice facility approved by the Board of State and Community Corrections, or to acquire a site or sites owned by, or subject to a lease option to purchase held by, a participating county. Existing law authorizes the State Public Works Board to issue up to $500,000,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, and construction of approved adult local criminal justice facilities. The funds derived from those revenue bonds, notes, or bond anticipation notes are continuously appropriated for those purposes.

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Existing law establishes the Department of Corrections and Rehabilitation to oversee the state prison system. Existing law authorizes the Department of Corrections and Rehabilitation to design, construct, or renovate housing units, support buildings, and programming space in order to add capacity to facilities under its jurisdiction.

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This bill would enact provisions similar to the provisions described above authorizing the Board of State and Community Corrections or the department, the State Public Works Board, and a participating county, as defined, to acquire, design, and construct an adult local criminal justice facility, as defined. The bill would authorize the State Public Works Board to issue up to $500,000,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, and construction of approved adult local criminal justice facilities, and would continuously appropriate the funds for those purposes. The bill would establish procedures for approving and funding these projects.

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Existing law establishes the California Health and Human Services Agency, which consists of specified departments and entities including, among others, the State Department of Health Care Services, the State Department of Social Services, and the Office of Patient Advocate.

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This bill would establish the Office of Law Enforcement Support within the agency.

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Existing law provides that certain persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest, as specified. These specified peace officers are not authorized to carry firearms, except as provided. Existing law classifies certain police officers, sheriff deputies, and firefighters who have responsibility for the direct supervision of state peace officer/firefighter personnel as state peace officer/firefighter members under the Public Employees’ Retirement System (PERS). Employees classified as safety members under PERS, including state peace officer/firefighter members, are generally entitled to higher benefits and subject to higher contribution rates than employees classified as miscellaneous or general members. Member contributions to PERS are deposited in the Public Employees’ Retirement Fund, a continuously appropriated fund.

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This bill would provide that the Chief, Deputy Chief, supervising investigators, and investigators of the Office of Protective Services of the State Department of State Hospitals and the Office of Investigations and Law Enforcement Support of the California Health and Human Services Agency are peace officers for purposes of the provision described above. The bill would make an appropriation by increasing the amount of employee contributions to the Public Employees’ Retirement Fund.

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Existing law authorizes the Board of State and Community Corrections (BSCC), a participating county, as defined, and the State Public Works Board to acquire, design, and construct an adult local criminal justice facility, as specified, and requires them to enter into an agreement for each facility that provides related performance expectations of the parties, guidelines and criteria for the use and application of the financing instruments used to pay for the facility, and ongoing maintenance and staffing responsibilities for the term of the financing. Existing law also authorizes the State Public Works Board and the BSCC to borrow funds from the Pooled Money Investment Account or from another appropriate source for project costs of an adult local criminal justice facility. Existing law authorizes the BSCC and a participating county, with the consent of the State Public Works Board, to enter into leases, contracts, or other agreements for property use, maintenance, or operation of an adult local criminal justice facility.

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This bill would also authorize the California Department of Corrections and Rehabilitation to participate in the financing program with participating counties and the State Public Works Board for the acquisition, design, and construction of adult local criminal justice facilities, to enter into the required agreements, to borrow funds, and to enter into leases, contracts, or other agreements for these purposes, as specified.

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Existing law requires the establishment of a Supplemental Law Enforcement Services Account in each county to be allocated for jail construction, criminal prosecution, law enforcement grants, and for the implementation of a comprehensive multiagency juvenile justice plan. Existing law requires that moneys allocated from a Supplemental Law Enforcement Service Account to a recipient entity be used to supplement existing services and not to supplant any existing funding.

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This bill would instead prohibit local agencies from using these moneys to supplant other funding for Public Safety Services, as defined.

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Existing law requires specified funds to be allocated to county sheriff’s departments from funds remaining in the Enhancing Law Enforcement Activities Subaccount in the Local Revenue Fund 2011, as specified. Existing law requires that funds allocated pursuant to these provisions be used to supplement rather than supplant existing law enforcement resources.

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This bill would instead prohibit funds allocated pursuant to these provisions from being used by local agencies to supplant other funding for Public Safety Services, as defined.

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Under existing law, the State Department of Public Health licenses and regulates health facilities, including general acute care hospitals and correctional treatment centers, including those operated by the Department of Corrections and Rehabilitation and those located on prison grounds.

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This bill would require the State Department of Public Health, upon application of the Department of Corrections and Rehabilitation, to change the license category of a general acute care hospital licensed to the Department of Corrections and Rehabilitation, or any health facility located on prison grounds, to a correctional treatment center license.

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Existing law, the Superior Court Security Act of 2012, generally requires the sheriff to be responsible for court security services pursuant to a memorandum of understanding entered into with the superior court of the relevant county.

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This bill would state the intent of the Legislature to establish a process and funding mechanism for sheriffs that overall incur increased trial court security costs as a result of court construction projects that had an occupancy date on or after October 9, 2011. The bill would allow counties that demonstrate increased trial court security costs to request funding from the Department of Finance. The bill would require this funding to be funded by the General Fund, subject to an annual appropriation by the Legislature.

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Existing law sets forth various findings and declarations of the Legislature relating to crime, including the Legislature’s reaffirmation of its commitment to reducing recidivism among criminal offenders and a declaration that California must reinvest its criminal justice resources to support community-based corrections programs and evidence-based practices that will achieve improved public safety returns on the state’s substantial investment in its criminal justice system, as specified.

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This bill would set forth legislative findings and declarations that strategies supporting reentering offenders through practices and programs have been demonstrated to significantly reduce recidivism among offenders in other states, that improving outcomes among offenders reentering the community after serving time in a correctional facility will promote public safety and reduce California’s prison and jail populations, and that establishing a California reentry program that encompasses strategies known to reduce recidivism warrants a vigorous short-term startup in the 2014-15 fiscal year using readily available resources in the community, as specified.

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Existing law establishes the Department of Corrections and Rehabilitation to oversee the state prison system. Existing law establishes the Administrative Office of the Courts, which has various responsibilities and authority over state court matters granted by law and delegated by the Judicial Council. Existing law, as added by Proposition 8, adopted June 8, 1982, and amended by Proposition 21, adopted March 7, 2000, among other things, defines a serious felony. Existing law, as amended by Proposition 36, adopted November 6, 2012, commonly known as the Three Strikes Law, requires increased penalties for certain recidivist offenders in addition to any other enhancement or penalty that may apply, including individuals with current and prior convictions of a serious felony, as specified.

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This bill would, subject to the availability of funding for and space in the programs and services, authorize the department to provide programs and services, including, but not limited to, transitional housing, mental health, and substance abuse treatment to an offender who is released pursuant to the provisions of Proposition 36, and who is not subject to parole or postrelease community supervision. The bill would require the department, in consultation with the Administrative Office of the Courts, to establish a referral process for those offenders to participate in or receive the types of programs and services described above that the department has existing contracts to provide. The bill would also require the Administrative Office of the Courts to inform courts of the availability of those programs and services.

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Existing law designates various persons and peace officers, including officers of a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services.

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This bill would require, by July 1, 2015, the California Health and Human Services Agency to develop training protocols and policies and procedures for peace officers of a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services. The bill, when appropriate, would require the training protocols and policies and procedures to be uniformly implemented in both state hospitals and developmental centers, and would require additional training protocols and policies and procedures shall be developed to address the unique characteristics of the residents in each type of facility. The bill would require the agency, in consultation with system stakeholders, to develop recommendations to further improve the quality and stability of law enforcement and investigative functions at both developmental centers and state hospitals in a meaningful and sustainable manner and to submit those recommendations to the budget committees and relevant policy committees of both houses of the Legislature no later than January 10, 2015.

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Existing law authorizes a court, when sentencing a person to county jail for a felony, to commit the person to county jail for either the full term in custody, as specified, or to suspend the execution of a concluding portion of the term selected at the court’s discretion. Under existing law, this period of suspended execution is supervised by the county probation officer and is known as mandatory supervision.

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This bill would require, unless the court finds, in the interests of justice, that it is not appropriate in a particular case, that a period of the concluding portion of a county jail term be served on mandatory supervision. The bill would make this change applicable prospectively to a person sentenced on or after January 1, 2015. The bill would require the Judicial Council to adopt rules of court to implement these provisions and related provisions of existing law no later than January 1, 2015. By increasing the duties of probation officers, the bill would impose a state-mandated local program.

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Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to offer a program under which eligible female inmates who have been committed to state prison may be allowed to participate in a voluntary alternative custody program in lieu of confinement in state prison. Existing law defines that alternative custody program to include confinement to a residential home, a residential drug or treatment program, or a transitional care facility that offers appropriate services. Existing law authorizes the department to enter into contracts with county agencies, not-for-profit organizations, for-profit organizations, and others in order to promote alternative custody placements. Existing law requires the department to use electronic monitoring, global positioning system devices, or other supervising devices for the purpose of helping to verify a participant’s compliance with the rules and regulations of the program.

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This bill would authorize a sheriff or a county director of corrections to implement a similar voluntary alternative custody program for male and female inmates who have been committed to a county jail for a determinate term of imprisonment for a felony or for a misdemeanor, except that the bill would define an alternative custody program operated by a sheriff or a county director of corrections to additionally include confinement to a mental health clinic or hospital that offers appropriate mental health services, and would authorize, but not require, the sheriff or the county director of corrections to use electronic monitoring, global positioning system devices, or other supervising devices. The bill would provide that the willful failure of the program participant to return to the place of detention prior to the expiration of any period of time during which he or she is authorized to be away from the place of detention, unauthorized departures from the place of detention, or tampering with or disabling, or attempting to tamper with or disable, an electronic monitoring device is punishable under a specified statute.

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By creating a new crime, this bill would impose a state-mandated local program.

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Existing law establishes the Board of State and Community Corrections to collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, as specified. Existing law establishes the Recidivism Reduction Fund, to be used, upon appropriation by the Legislature, for activities designed to reduce the state’s prison population, including, but not limited to, reducing recidivism.

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Existing law, the California Community Corrections Performance Incentives Act of 2009, authorizes each county to establish a Community Corrections Performance Incentives Fund, and authorizes the state to annually allocate moneys into the State Community Corrections Performance Incentives Fund, a continuously appropriated fund, to be used for specified purposes related to improving local probation supervision practices and capacities. Under existing law, if a county establishes a Community Corrections Performance Incentives Fund, the county is required to establish a local Community Corrections Partnership, as specified.

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This bill would require a county board of supervisors, upon agreement to accept funding from the Recidivism Reduction Fund and in collaboration with the county’s Community Corrections Partnership, to develop, administer, and collect and submit data to the Board of State and Community Corrections regarding a competitive grant program intended to fund community recidivism and crime reduction services, as specified. The bill would require the county board of supervisors to grant the funds allocated to the county under these provisions to community recidivism and crime reduction service providers based on the needs of their community. The bill would specify the grant amounts for which the counties and individual service providers would be eligible and would limit the total amount of grants awarded to a single community recidivism and crime reduction service provider by all counties pursuant to these provisions to $100,000. The bill would authorize up to 5% of the grant to be withheld by the county to pay administrative costs. The bill would require funds allocated to a county that are not expended within 4 years to revert to the state General Fund and would require funds not encumbered with a community recidivism and crime reduction service provider within one year after the allocation of grant funding to revert to the state General Fund.

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Existing law provides for a probation failure reduction incentive payment for each eligible county, and establishes 3 tiers for evaluating counties for purposes of calculating that payment. Existing law also provides high performance grants to county probation departments for purposes of bolstering practices to reduce recidivism. Existing law provides for these incentive payments and grants to be paid from the State Community Corrections Performance Incentives Fund, as specified.

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Existing law appropriates $1,000,000 from the State Community Corrections Performance Incentives Fund to the judicial branch for the costs of implementing and administering those probation failure reduction incentive payments and high performance grants, as specified. Under existing law, those funds are available for encumbrance and expenditure until June 30, 2014.

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This bill would, commencing July 1, 2014, and each fiscal year thereafter, continuously appropriate $1,000,000 from the State Community Corrections Performance Incentives Fund to the Administrative Office of the Courts for the costs of implementing and administering those probation failure reduction incentive payments and high performance grants, as specified.

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Existing law allocates any moneys remaining in the State Community Corrections Performance Incentives Fund, after the calculation and award determination of each county’s tier payments or high performance grant payments, to county probation departments, as specified. Specifically, existing law requires that the award amount for any county whose tier payment or high performance grant totals less than $200,000 be increased to no more than $200,000, as specified. Existing law also requires that the award amount for any county that has a probation failure rate that is below the statewide average be adjusted so that these counties receive no less than $200,000, as specified.

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Existing law requires that any funds remaining after the allocations described above be evenly distributed to those counties that did not receive a tier payment or a high performance grant payment, as specified.

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This bill would instead require that these remaining funds, up to $200,000 per county, be evenly distributed to those counties that did not receive a tier payment or a higher performance grant payment, as specified, and would provide for the further distribution of any funds that remain.

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Existing law establishes the State Department of State Hospitals for the administration of state hospitals and provides for the involuntary confinement of certain individuals in those state hospitals, including defendants who have been found incompetent to stand trial and defendants found to be guilty of a crime, or who have plead not guilty by reason of insanity, and found to be insane at the time he or she committed the crime. Existing law provides that the court shall order that the mentally incompetent defendant be delivered by the sheriff to a state hospital, or to any other available public or private treatment facility, including a local county jail treatment facility, approved by the community program director that will promote the defendant’s speedy restoration to mental competence, or placed on outpatient status.

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This bill would include the community-based residential treatment system, as described, as a public or private treatment facility to which the above provisions apply, if the facility has a secured perimeter or a locked and controlled treatment facility.

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Existing law requires the court to select the state hospital in accordance with the policies established by the State Department of State Hospitals when directing that the defendant be confined in a state hospital. Under existing law, prior to admission to the Napa State Hospital or the Metropolitan State Hospital, the State Department of State Hospitals is required to evaluate each patient committed pursuant to specified provisions of law, and a patient determined to be a high-security risk is required to be treated in the department’s most secure facilities, as provided. Existing law requires a court to provide copies of specified documents, including, among others, the commitment order, to be taken with the defendant to the state hospital when the court orders that a defendant be confined in a state hospital or other public or private treatment facility.

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This bill would repeal the provision requiring the court to select the state hospital in accordance with the policies established by the State Department of State Hospitals when directing that the defendant be confined in a state hospital. The bill would instead require, prior to admission to the State Department of State Hospitals, the department to evaluate each patient committed pursuant to specified provisions of law to determine the placement of the patient to the appropriate state hospital. The bill would also require a court that orders that a defendant be committed to the State Department of State Hospitals or other public or private treatment facility to provide copies of any medical records with the documents described above prior to the admission of the defendant to the department or other treatment facility where the defendant is to be committed. The bill would require the department to utilize specified documents, including those described above and any medical records, to make the appropriate placement. The bill would make conforming changes.

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The bill would also require the State Department of State Hospitals to establish a Patient Management Unit (PMU) to facilitate patient movement across all facilities under the department’s jurisdiction and any psychiatric programs operated by the department pursuant to a memorandum of understanding with the Department of Corrections and Rehabilitation. The PMU’s responsibilities would include, among others, oversight and centralized management of patient admissions. The bill would authorize the State Department of State Hospitals to adopt regulations, as specified, concerning policies and procedures to be implemented by the PMU, including, among others, policies and procedures for patient referral to the department.

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Existing law, in placing a mentally incompetent defendant, requires the community program director to evaluate the appropriate placement for the defendant between a state hospital or a local county jail treatment facility. If a local county jail treatment facility is selected, existing law requires the State Department of State Hospitals to provide treatment at the county jail treatment facility and to reimburse the county jail treatment facility for the reasonable costs of the bed during the treatment.

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This bill would require the State Department of State Hospitals to provide reimbursement to the community-based residential treatment system if a mentally incompetent defendant is placed in that facility.

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Existing law requires the Department of Corrections and Rehabilitation to expand substance abuse treatment services in prisons to accommodate at least 4,000 additional inmates who have histories of substance abuse, as specified.

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This bill would generally require a substance abuse treatment program funded by the department and offered in a facility under the jurisdiction of the department pursuant to the provision described above to include a peer counseling component, as defined, allowing prisoners to receive the necessary training within those facilities to become certified addiction counselors, including necessary course work and clinical hours. The bill would require the department to notify in writing the Assembly and Senate Committees on Budget and the relevant Assembly and Senate policy committees at the time the determination is made if the department determines that a peer counseling component shall not be included as part of a substance abuse treatment program offered in a facility under the department’s jurisdiction.

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Existing law requires offenders convicted of certain felonies to be incarcerated in state prison. Existing law authorizes the Department of Corrections and Rehabilitation to contract for the establishment and operation of community correctional reentry centers to enhance the potential for successful paroles.

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This bill would require the Secretary of the Department of Corrections and Rehabilitation to establish the Case Management Reentry Pilot Program for offenders, under the jurisdiction of the department, who have been sentenced to a term of imprisonment in state prison for purposes of assisting certain inmates in reentering society upon their release from prison. The bill would require the program to be established in at least 3 counties over a period of 3 years after enactment of the budget act of 2014, and would require case management social workers to assist offenders assigned to the program in managing basic needs, as specified. The program would provide specified case management services. The bill would require the department to contract for an evaluation of the program that will assess its effectiveness in reducing recidivism among offenders transitioning from prison into the community. The bill would require the department to submit a final report to the Legislature and the Governor of the findings from its evaluation of the program not later than 3 years after the establishment of the program. Implementation of the program would be contingent upon availability of funds, as specified.

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Existing law requires a supervising parole agency to notify a person classified within the highest control or risk classification that he or she is required to report to his or her assigned parole officer or designated local agency within 2 days of release from prison to parole or postrelease community supervision. Existing law requires the supervising parole agency to report a parolee’s failure to report within 24 hours.

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Existing law requires that the department release an inmate who is subject to these provisions and was sentenced prior to June 27, 2012, one or 2 days before his or her scheduled release date if the inmate’s release date falls on the day before a holiday or weekend. Existing law requires all other inmates to be released one or 2 days after their scheduled release date if the release date falls on the day before a holiday or weekend.

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This bill would instead apply the one or 2-day early release requirement to an inmate who is subject to the above provisions and was sentenced prior to January 1, 1996.

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Existing law establishes the Inmate Welfare Fund of the Department of Corrections and Rehabilitation in the State Treasury. Existing law provides that the moneys in the fund constitute a trust to be used for the benefit and welfare of inmates of prisons and institutions under the jurisdiction of the department. Existing law allows the funds to be used for the establishment of canteens, hobby shops, educational programs, hobby and recreational programs, inmate family visiting services, leisure-time activities, and assistance with obtaining photo identification from the Department of Motor Vehicles. Under existing law, moneys in the fund, as they relate to state prison camps, are continuously appropriated.

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This bill would additionally authorize the use of fund moneys for innovative programming by not-for-profit organizations offering programs that have demonstrated success and focus on offender responsibility and restorative justice principles, thereby making an appropriation.

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Existing law establishes the Board of State and Community Corrections to collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, as they relate to both adult corrections, juvenile justice, and gang problems. Existing law requires the board to seek to collect and make publicly available data and information reflecting the impact of state and community corrections, juvenile justice, and gang-related policies and practices enacted in the state, and information regarding evidence-based practices from other jurisdictions.

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This bill would establish the California Juvenile Justice Data Working Group within the Board of State and Community Corrections, consisting of members comprised of representatives from, among others, the Department of Justice and the Judicial Council. The bill would require the working group to analyze the capacities and limitations of data systems and networks used to collect and report state and local juvenile justice caseload and outcome data. The bill would require the working group, no later than January 1, 2016, to prepare and submit a report to the Legislature on the options for improving interagency coordination, modernization, and upgrading of state and local juvenile justice data and information systems, as specified. The bill would also require the working group, no later than December 31, 2014, to recommend a plan for improving current juvenile justice reporting requirements.

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This bill would also require the board to administer and award mentally ill offender crime reduction grants on a competitive basis to counties that expand or establish a continuum of timely and effective responses to reduce crime and criminal justice costs related to mentally ill offenders and require those grant funds to be used to support prevention, intervention, supervision, and incarceration-based services and strategies to reduce recidivism and improve outcomes for mentally ill juvenile adults and offenders. The bill would require the board to establish minimum requirements, funding criteria, and procedures for awarding grants and would require counties applying for grant funding to comply with certain requirements, including a requirement that the county establish a strategy committee to design the grant application. The bill would require the board to develop an evaluation design for grants that assesses the effectiveness of the program and to annually report to the Legislature based on that evaluation design.

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Existing law establishes the California Rehabilitation Oversight Board in the Office of the Inspector General to regularly examine and report to the Legislature and the Governor on the various mental health, substance abuse, educational, and employment programs for inmates and parolees operated by the Department of Corrections and Rehabilitation. Existing law requires the board to meet at least quarterly, and to report to the Governor and the Legislature biannually, on March 15 and September 15.

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This bill would instead require the board to meet twice annually, and to report to the Governor and the Legislature annually, on September 15.

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Existing law requires that a regulation adopted by the Department of Corrections and Rehabilitation that may impact the visitation of inmates recognize and consider the value of visiting as a means to improve the safety of prisons for both staff and inmates.

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This bill would require the Department of Corrections and Rehabilitation to develop policies related to the department’s contraband interdiction efforts for individuals entering detention facilities under the jurisdiction of the department. The bill would require that these policies, among other requirements, apply to all individuals, use methods to ensure that profiling is not practiced, and establish a method that ensures that no one, except as specified, has advance notice of when a random search is scheduled.

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Existing law appropriates $300,000,000 from the General Fund for capital outlay to be allocated to renovate, improve, or expand infrastructure capacity at existing prison facilities. Existing law authorizes the funds to be used for specified additional purposes, including design and construction of improvements to dental facilities and medication distribution facilities at state prisons, as specified.

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This bill would also authorize the use of these funds for the design and construction of projects in the Health Care Facility Improvement Program at state prison facilities, thereby making it an appropriation.

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Existing law establishes in the State Treasury the Local Revenue Fund 2011, a continuously appropriated fund, and requires that moneys in the fund 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 within the Law Enforcement Services Account.

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Existing law allocates moneys in the subaccount for county sheriffs’ departments, and, among other things, various crime reduction programs, including the High Technology Theft Apprehension and Prosecution Program, among others.

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This bill would revise the percentage of funds to be allocated for the High Technology Theft Apprehension and Prosecution Program from the Enhancing Law Enforcement Activities Subaccount.

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Existing law establishes the Gang Violence Suppression Program in the Board of State and Community Corrections for financial and technical assistance to district attorneys’ offices, local law enforcement agencies, county probation departments, school districts, county offices of education, and community-based organizations which are primarily engaged in the suppression of gang violence. Existing law prohibits funds made available pursuant to these provisions from being used to supplant local funds that would, in the absence of the Gang Violence Suppression Program, be made available to support the activities specified in these provisions establishing the program.

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This bill would instead prohibit these funds from being used by local agencies to supplant other funding for Public Safety Services, as defined.

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Existing law authorizes the Director of the California Conservation Corps, implementing the California Conservation Corps program, to recruit and employ corpsmembers and to adopt criteria for employment in the program.

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This bill would instead authorize the director to recruit and enroll corpsmembers and to adopt criteria for selecting applicants for enrollment, including individuals convicted of a crime described in the California Uniform Controlled Substances Act. The director would be required, when adopting this criteria, to take specified factors into account.

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Existing law establishes the Youthful Offender Block Grant Program to enhance the capacity of county departments to provide appropriate rehabilitative and supervision services to youthful offenders. Existing law requires the Director of Finance to annually determine the total amount of the block grant and the allocation for each county, and to report those findings to the Controller who then makes an allocation to each county from the Youthful Offender Block Grant Special Account. Under existing law, 50% of the allocation amount for each county is based on the number of the county’s juvenile felony court dispositions, according to the most recent data compiled by the Department of Justice.

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This bill would instead require, for purposes of determining this allocation amount, the Department of Justice to provide to the Department of Finance the number of juvenile felony court dispositions for each county for the previous calendar year by July 10 of each year.

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Existing law requires the establishment of a Juvenile Reentry Fund in each county to receive all amounts allocated to that county probation department to address local program needs for persons discharged from the custody of the Division of Juvenile Facilities. Existing law prohibits these funds from being used to supplant any existing funding by local agencies for existing services provided by that entity.

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This bill would instead prohibit these funds from being used by local agencies to supplant other funding for Public Safety Services, as defined.

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Existing law establishes the Juvenile Reentry Grant to provide for the local supervision of persons discharged from the custody of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities. Existing law requires that 5.519% of the funds allocated to the Juvenile Justice Subaccount from the Local Revenue Fund 2011 be deposited to the Juvenile Reentry Grant Special Account to be used to fund grants for these purposes and requires the amount allocated to each county probation department from the Juvenile Reentry Grant Special Account be distributed pursuant to specified criteria.

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This bill would require the Department of Finance to use this criteria to determine each county’s allocation as a percentage of the funds deposited in the Juvenile Reentry Grant Special Account and would provide that actual allocations provided to counties pursuant to the criteria would vary under the bill based on the amount of funds deposited in the Juvenile Reentry Grant Special Account.

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Existing law provides for state hospitals for the care, treatment, and education of mentally disordered persons, which are under the jurisdiction of the State Department of State Hospitals.

end insert
begin insert

This bill would require the Secretary of California Health and Human Services to submit a report and recommendations to the fiscal and appropriate policy committees of the Legislature reviewing and evaluating best practices and strategies, including independent oversight, for effectively and sustainably addressing the employee discipline process, criminal and major incident investigations, and the use of force within state hospitals and psychiatric programs run by the State Department of State Hospitals. The bill would authorize the secretary to consult with the Department of the California Highway Patrol, the Department of Corrections and Rehabilitation, the Office of the Inspector General, and other resources in the development of the report and recommendations.

end insert
begin insert

Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds. Under existing law, an individual is ineligible for aid if the individual has been convicted in state or federal court after December 31, 1997, of any offense classified as a felony and that has as an element the possession, use, or distribution of a controlled substance.

end insert
begin insert

This bill would, beginning April 1, 2015, authorize CalWORKs benefits to be paid to an individual who is convicted as an adult in state or federal court after December 31, 1997, of any offense classified as a felony that has as an element the possession, use, or distribution of a controlled substance, as defined. If the person is on probation or parole and is ineligible for aid due to violating a condition of probation or parole or fleeing to avoid prosecution or custody and confinement, he or she would be ineligible for CalWORKs benefits until he or she is no longer in violation of probation or parole or a fleeing felon.

end insert
begin insert

Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, formerly the Food Stamp Program, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Under existing law, a person convicted of specified drug offenses, including transporting, selling, furnishing, administering, giving away, possessing for sale, purchasing for purpose of sale, or manufacturing a controlled substance, is ineligible to receive CalFresh benefits. Existing law authorizes the payment of CalFresh benefits to other convicted drug felons who have participated in, or are on the waiting list for, a drug treatment program, or who can show other evidence that the illegal use of controlled substances has ceased.

end insert
begin insert

This bill would, beginning April 1, 2015, authorize CalFresh benefits to be paid to an individual who is convicted as an adult in state or federal court after December 31, 1997, of any offense classified as a felony that has as an element the possession, use, or distribution of a controlled substance, as defined. If the person is on probation or parole and is ineligible for aid due to violating a condition of probation or fleeing to avoid prosecution or custody and confinement, he or she would be ineligible for CalFresh benefits until he or she is no longer in violation of probation or parole or a fleeing felon. By requiring local agencies to provide a higher level of service, this bill would impose a state-mandated local program.

end insert
begin insert

Until January 1, 2016, the bill would, notwithstanding certain rulemaking provisions of the Administrative Procedure Act, authorize the department to implement and administer the provisions described above relating to CalWORKs and CalFresh by all-county letters or similar instructions. The bill would require those all-county letters or similar instructions to be developed in consultation with the Chief Probation Officers of California, the County Welfare Directors Association of California, and client advocates.

end insert
begin insert

Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.

end insert
begin insert

By authorizing additional payments from a continuously appropriated fund, the bill would make an appropriation.

end insert
begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

end insert
begin insert

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

end insert
begin insert

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

end insert
begin delete

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2014.

end delete

Vote: majority. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P19   1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

(a) The Legislature finds and declares all of the
2following:

end insert
begin insert

3(1) The state has provided counties with the opportunity to
4receive lease revenue bond financing to improve local correctional
5facilities.

end insert
begin insert

6(2) However, for the construction of certain county in-custody
7mental health treatment and rehabilitation facilities, where the
8state portion of construction would be minor, state lease revenue
9financing may not be an appropriate mechanism.

end insert
begin insert

10(3) As the largest local correctional and justice system in the
11nation, it is important to explore improvements to the county’s
12efforts to improve mental health treatment and maximize the efforts
13to improve criminal justice outcomes and reduce recidivism.

end insert
begin insert

14(b) The Department of Finance, in consultation with the County
15of Los Angeles, shall identify options for ways the state may assist
16in addressing the mental health and health infrastructure needs
17of the County of Los Angeles jail system, and to report its findings
18to the Joint Legislative Budget Committee on or before January
1915, 2015.

end insert
20begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 12803 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
21read:end insert

22

12803.  

(a) The California Health and Human Services Agency
23consists of the following departments: Aging; Community Services
24and Development; Developmental Services; Health Care Services;
25Managed Health Care; Public Health; Rehabilitation; Social
26Services; and State Hospitals.

27(b) The agency also includes the Emergency Medical Services
28Authority, the Managed Risk Medical Insurance Board, the Office
29of Health Information Integrity, the Office of Patient Advocate,
P20   1the Office of Statewide Health Planning and Development, the
2Office of Systems Integration,begin insert the Office of end insertbegin insertLaw Enforcement
3 Support,end insert
and the State Council on Developmental Disabilities.

4(c) The Department of Child Support Services is hereby created
5within the agency commencing January 1, 2000, and shall be the
6single organizational unit designated as the state’s Title IV-D
7agency with the responsibility for administering the state plan and
8providing services relating to the establishment of paternity or the
9establishment, modification, or enforcement of child support
10obligations as required by Section 654 of Title 42 of the United
11States Code. State plan functions shall be performed by other
12agencies as required by law, by delegation of the department, or
13by cooperative agreements.

14begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 15820.92 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
15to read:end insert

16

15820.92.  

For purposes of this chapter, “participating county”
17means any county, or regional consortium of counties, within the
18state that has been certified to the State Public Works Board (the
19board) by the Board of State and Community Corrections (BSCC)
20as having satisfied all of the requirements set forth in Section
2115820.925 for financing an adult local criminal justice facility
22pursuant to this chapter. For purposes of this chapter, an adult local
23criminal justice facility may include any custodial housing, reentry,
24program, mental health, or treatment space necessary to manage
25the adult offender population consistent with the legislative intent
26described in Sections 17.5 and 3450 of the Penal Code under the
27jurisdiction of the sheriff or county department of corrections, as
28may be applicable, to be further defined by the BSCC in duly
29adopted regulations.

30(a) Thebegin delete BSCC,end deletebegin insert BSCC or the California Department of
31Corrections and Rehabilitation (CDCR),end insert
a participating county,
32and the board are authorized to acquire, design, and construct an
33adult local criminal justice facility approved by the BSCC pursuant
34to Section 15820.925, or to acquire a site or sites owned by, or
35subject to a lease or option to purchase held by, a participating
36county. For the purposes of this chapter, acquisition shall include,
37but is not limited to, acquisition of completed facilities through a
38build-to-suit purchase. Facilities financed pursuant to this chapter
39may be delivered through either a design-bid-build or a
40design-build process. The ownership interest of a participating
P21   1county in the site or sites for an adult local criminal justice facility
2shall be determined by the board to be adequate for purposes of
3its financing in order to be eligible under this chapter.

4(b) Notwithstanding Section 14951, the participating county
5may assign an inspector during the construction of the adult local
6criminal justice facility.

7(c) Thebegin delete BSCC,end deletebegin insert BSCC or the CDCR,end insert a participating county, and
8the board shall enter into an agreement for each adult local criminal
9justice facility that shall provide, at a minimum, performance
10expectations of the parties related to the acquisition, design, and
11construction, including, without limitation, renovation, of the adult
12local criminal justice facility; guidelines and criteria for use and
13application of the proceeds of revenue bonds, notes, or bond
14anticipation notes issued by the board to pay for the cost of the
15approved adult local criminal justice facility; and ongoing
16maintenance and staffing responsibilities for the term of the
17financing.

18(d) The agreement shall include a provision that the participating
19county agrees to indemnify, defend, and hold harmless the State
20of California for any and all claims and losses arising out of the
21acquisition, design, and construction of the adult local criminal
22justice facility. The agreement may also contain additional terms
23and conditions that facilitate the financing by the board.

24(e) The scope and cost of the adult local criminal justice facilities
25shall be subject to approval and administrative oversight by the
26board.

27(f) For purposes of compliance with the California
28Environmental Quality Act (Division 13 (commencing with Section
2921000) of the Public Resources Code), neither thebegin delete board nor the
30BSCCend delete
begin insert board, nor the BSCC or the CDCR,end insert shall be deemed a lead
31or responsible agency and the participating county shall be the
32lead agency.

33begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 15820.921 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
34to read:end insert

35

15820.921.  

Upon a participating county’s receipt of responsive
36construction bids or design-build proposals, or a participating
37county’s notification to the board of its intent to exercise a purchase
38option, the board and the BSCCbegin insert or the CDCRend insert may borrow funds
39for project costs after the adult local criminal justice facility has
40been certified pursuant to Section 15820.92 from the Pooled Money
P22   1Investment Account pursuant to Sections 16312 and 16313, or
2from any other appropriate source. In the event any of the revenue
3bonds, notes, or bond anticipation notes authorized by this chapter
4are not sold, the BSCCbegin insert or the CDCRend insert shall commit a sufficient
5 amount of its support appropriation to repay any loans made for
6an approved adult local criminal justice facility.

7begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 15820.924 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
8to read:end insert

9

15820.924.  

With the consent of the board, the BSCCbegin insert or the
10CDCRend insert
and a participating county are authorized to enter into leases
11or subleases, as lessor or lessee, for any property or approved adult
12local criminal justice facility and are further authorized to enter
13into contracts or other agreements for the use, maintenance, and
14operation of the adult local criminal justice facility in order to
15facilitate the financing authorized by this chapter. In those leases,
16subleases, or other agreements, the participating county shall agree
17to indemnify, defend and hold harmless the State of California for
18any and all claims and losses accruing and resulting from or arising
19out of the participating county’s use and occupancy of the adult
20local criminal justice facility.

21begin insert

begin insertSEC. 6.end insert  

end insert

begin insertChapter 3.131 (commencing with Section 15820.93)
22is added to Part 10b of Division 3 of Title 2 of the end insert
begin insertGovernment
23Code
end insert
begin insert, to read:end insert

begin insert

24 

25Chapter  begin insert3.131.end insert Financing of Local Criminal Justice
26Facilities
27

 

28

begin insert15820.93.end insert  

(a) For purposes of this chapter, “participating
29county” means a county, city and county, or regional consortium
30of counties, within the state that has been certified to the State
31Public Works Board (board) by the Board of State and Community
32Corrections (BSCC) as having satisfied all of the requirements set
33forth in Section 15820.935 for financing an adult local criminal
34justice facility pursuant to this chapter.

35(b) (1) For purposes of this chapter, an adult local criminal
36justice facility may include improved housing with an emphasis
37on expanding program and treatment space as necessary to
38manage the adult offender population consistent with the legislative
39intent described in Sections 17.5 and 3450 of the Penal Code under
40the jurisdiction of the sheriff or county department of corrections,
P23   1as may be applicable, to be further defined by the BSCC in duly
2adopted regulations.

3(2) For purposes of this chapter, an adult local criminal justice
4facility may also include custodial housing, reentry, program,
5mental health, or treatment space necessary to manage the adult
6offender population, consistent with the legislative intent described
7in Sections 17.5 and 3450 of the Penal Code, under the jurisdiction
8of the sheriff or county department of corrections, as may be
9applicable, to be further defined by the BSCC in duly adopted
10regulations.

11

begin insert15820.930.end insert  

(a) The BSCC or the Department of Corrections
12and Rehabilitation (CDCR), a participating county, and the board
13are authorized to acquire, design, and construct an adult local
14criminal justice facility approved by the BSCC pursuant to Section
1515820.935, or to acquire a site or sites owned by, or subject to a
16lease or option to purchase held by, a participating county. For
17the purposes of this chapter, acquisition shall include, but is not
18limited to, acquisition of completed facilities through a build-to-suit
19purchase. Facilities financed pursuant to this chapter may be
20delivered through either a design-bid-build or a design-build
21process. The ownership interest of a participating county in the
22site or sites for an adult local criminal justice facility shall be
23determined by the board to be adequate for purposes of its
24financing in order to be eligible under this chapter.

25(b) Notwithstanding Section 14951, the participating county
26may assign an inspector during the construction of the adult local
27criminal justice facility.

28(c) The BSCC or the CDCR, a participating county, and the
29board shall enter into an agreement for each adult local criminal
30justice facility that shall provide, at a minimum, performance
31expectations of the parties related to the acquisition, design, and
32construction, including, without limitation, renovation, of the adult
33local criminal justice facility; guidelines and criteria for use and
34application of the proceeds of revenue bonds, notes, or bond
35anticipation notes issued by the board to pay for the cost of the
36approved adult local criminal justice facility; and ongoing
37maintenance and staffing responsibilities for the term of the
38financing.

39(d) The agreement shall include a provision that the
40participating county agrees to indemnify, defend, and hold
P24   1harmless the State of California for any and all claims and losses
2arising out of the acquisition, design, and construction of the adult
3local criminal justice facility. The agreement may also contain
4additional terms and conditions that facilitate the financing by the
5board.

6(e) The scope and cost of the adult local criminal justice
7facilities shall be subject to approval and administrative oversight
8by the board.

9(f) For purposes of compliance with the California
10Environmental Quality Act (Division 13 (commencing with Section
1121000) of the Public Resources Code), neither the board nor the
12BSCC or the CDCR shall be deemed a lead or responsible agency
13and the participating county shall be the lead agency.

14

begin insert15820.931.end insert  

Upon a participating county’s receipt of responsive
15construction bids or design-build proposals, or a participating
16county’s notification to the board of its intent to exercise a
17purchase option, and after the adult local criminal justice facility
18has been certified pursuant to Section 15820.93, the board and
19the BSCC or the CDCR may borrow funds for project costs from
20the Pooled Money Investment Account pursuant to Sections 16312
21and 16313, or from any other appropriate source. In the event any
22of the revenue bonds, notes, or bond anticipation notes authorized
23by this chapter are not sold, the BSCC or the CDCR shall commit
24a sufficient amount of its support appropriation to repay any loans
25made for an approved adult local criminal justice facility.

26

begin insert15820.932.end insert  

(a) The board may issue up to five hundred million
27dollars ($500,000,000) in revenue bonds, notes, or bond
28anticipation notes, pursuant to Chapter 5 (commencing with
29Section 15830) to finance the acquisition, design, and construction,
30including, without limitation, renovation, and a reasonable
31construction reserve, of approved adult local criminal justice
32facilities described in Section 15820.930, and any additional
33amount authorized under Section 15849.6 to pay for the cost of
34financing.

35(b) Proceeds from the revenue bonds, notes, or bond anticipation
36notes may be used to reimburse a participating county for the costs
37of acquisition, design, and construction, including, without
38limitation, renovation, for approved adult local criminal justice
39facilities.

P25   1(c) Notwithstanding Section 13340, funds derived pursuant to
2this section and Section 15820.931 are continuously appropriated
3for purposes of this chapter.

4

begin insert15820.933.end insert  

In support of this state financing, the Legislature
5finds and declares all of the following:

6(a) California’s current challenges in managing jail populations
7follow decades of overcrowded and aging jails, and piecemeal,
8erratic, and incomplete responses to dealing with these problems.
9Reversing course will require sustainable solutions that must
10include sound planning and implementation, and must be grounded
11in the principle that jail resources must be well-planned and
12employed efficiently and effectively to prevent overcrowding and
13promote public safety through the broader use of evidence-based
14practices and policies in the criminal justice system.

15(b) California needs a long-term, statewide strategy to effectively
16manage its jail population and jail resources. Without an ongoing
17analytical framework for taking into account factors such as
18population growth, criminogenic needs of the current and future
19jail populations, crime rates, custodial housing needs, and
20additional changes to realignment or sentencing laws and
21practices, California will continue to resort to reactive,
22fragmentary fixes to its jail condition and capacity problems
23instead of being fully prepared to develop an effective and
24sustainable system of local custodial facilities.

25(c) The county adult criminal justice system needs improved
26housing with an emphasis on expanding program and treatment
27space to manage the adult offender population under its
28jurisdiction.

29(d) Improved county adult criminal justice housing with an
30emphasis on expanding program and treatment space will enhance
31public safety throughout the state by providing increased access
32to appropriate programs or treatment.

33(e) By improving county adult criminal justice housing with an
34emphasis on expanding program and treatment space, this
35financing will serve a critical state purpose by promoting public
36safety.

37(f) This purpose represents valuable consideration in exchange
38for this state action.

39

begin insert15820.934.end insert  

With the consent of the board, the BSCC or the
40CDCR and a participating county are authorized to enter into
P26   1leases or subleases, as lessor or lessee, for any property or
2approved adult local criminal justice facility and are further
3authorized to enter into contracts or other agreements for the use,
4maintenance, and operation of the adult local criminal justice
5facility in order to facilitate the financing authorized by this
6chapter. In those leases, subleases, or other agreements, the
7participating county shall agree to indemnify, defend, and hold
8harmless the State of California for any and all claims and losses
9accruing and resulting from or arising out of the participating
10county’s use and occupancy of the adult local criminal justice
11facility.

12

begin insert15820.935.end insert  

(a) The BSCC shall adhere to its duly adopted
13regulations for the approval or disapproval of adult local criminal
14justice facilities. The BSCC shall also consider cost-effectiveness
15in determining approval or disapproval. No state moneys shall be
16encumbered in contracts let by a participating county until one of
17the following occur:

18(1) Final architectural plans and specifications have been
19approved by the BSCC, and subsequent construction bids have
20been received.

21(2) Documents prepared by a participating county pursuant to
22paragraph (1) of subdivision (d) of Section 20133 of the Public
23Contract Code have been approved by the BSCC, and subsequent
24design-build proposals have been received pursuant to that section.

25(3) The participating county has notified the board of its intent
26to exercise an option to purchase the completed facility pursuant
27to Section 15820.931.

28(b) The review and approval of plans, specifications, or other
29documents by the BSCC are for the purpose of ensuring the proper
30administration of moneys and the determination of whether the
31adult local criminal justice facility specifications comply with law
32and regulation. The BSCC may require changes in construction
33materials to enhance safety and security if materials proposed at
34the time of final plans and specifications are not essential and
35customary as used statewide for facilities of the same security
36level. Participating counties are responsible for the acquisition,
37design, construction, staffing, operation, repair, and maintenance
38of the adult local criminal justice facility.

P27   1(c) The BSCC shall establish minimum standards, funding
2schedules, and procedures, which shall take into consideration,
3but not be limited to, the following:

4(1) Certification by a participating county of control of the adult
5local criminal justice facility site through either fee simple
6ownership of the site or comparable long-term possession of the
7site, and right of access to the adult local criminal justice facility
8sufficient to ensure undisturbed use and possession.

9(2) Documentation of the need for improved adult local criminal
10justice facility housing with an emphasis on expanded program
11and treatment space.

12(3) A written adult local criminal justice facility proposal.

13(4) Submission of a staffing plan for the adult local criminal
14justice facility, including operational cost projections and
15documentation that the adult local criminal justice facility will be
16able to be safely staffed and operated within 90 days of completion,
17as may be applicable.

18(5) Submission of architectural drawings, which shall be
19approved by the BSCC for compliance with minimum adult
20detention facility standards and which shall also be approved by
21the State Fire Marshal for compliance with fire safety and life
22safety requirements.

23(6) Documentation evidencing compliance with the California
24Environmental Quality Act (CEQA).

25(7) Provisions intended to maintain the tax-exempt status of the
26bonds, notes, or bond anticipation notes issued by the board.

27

begin insert15820.936.end insert  

(a) The participating county contribution for adult
28local criminal justice facilities financed under this chapter shall
29be a minimum of 10 percent of the total project costs. The BSCC
30may reduce contribution requirements for participating counties
31with a general population below 200,000 upon petition by a
32participating county to the BSCC requesting a lower level of
33contribution.

34(b) The BSCC shall determine the funding and scoring criteria.
35The BSCC may consider award history in Chapters 3.11 to 3.13,
36inclusive, in its scoring of adult local criminal justice facilities
37applications. The funding criteria shall include, as a mandatory
38criterion, documentation of the percentage of pretrial inmates in
39the county jail from January 1, 2013, to December 31, 2013,
40inclusive, and a description of the county’s current
P28   1risk-assessment-based pretrial release program. Funding
2preference shall also be given to counties that are most prepared
3to proceed successfully with this financing in a timely manner. The
4determination of preparedness to proceed shall include the
5following:

6(1) Counties providing a board of supervisors’ resolution
7authorizing an adequate amount of available matching funds to
8satisfy the counties’ contribution and approving the forms of the
9project documents deemed necessary, as identified by the board
10to the BSCC, to effectuate the financing authorized by this chapter,
11and authorizing the appropriate signatory or signatories to execute
12those documents at the appropriate times. The identified matching
13funds in the resolution shall be compatible with the state’s lease
14revenue bond financing.

15(2) Counties providing documentation evidencing CEQA
16compliance has been completed. Documentation of CEQA
17compliance shall be either a final Notice of Determination or a
18final Notice of Exemption, as appropriate, and a letter from county
19counsel certifying the associated statute of limitations has expired
20and either no challenges were filed or identifying any challenges
21filed and explaining how they have been resolved in a manner that
22allows the project to proceed as proposed.

23(c) Funding consideration shall be given to counties that are
24seeking to replace compacted, outdated, or unsafe housing capacity
25or are seeking to renovate existing or build new facilities that
26provide adequate space for the provision of treatment and
27rehabilitation services, including mental health treatment.

28(d) A participating county may replace existing housing
29capacity, realizing only a minimal increase of capacity, using this
30financing authority if the requesting county clearly documents an
31existing housing capacity deficiency.

end insert
32begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 30062 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
33read:end insert

34

30062.  

(a) Except as required by paragraphs (1), (2), and (4)
35of subdivision (b) of Section 30061, moneys allocated from a
36Supplemental Law Enforcement Services Account (SLESA) to a
37recipient entity shall be expended exclusively to provide front line
38law enforcement services. These moneys shallbegin delete supplement existing
39services, and shall not be used to supplant any existing funding
40for law enforcement services provided by that entity.end delete
begin insert not be used
P29   1by local agencies to supplant other funding for Public Safety
2Services, as defined in Section 36 of Article XIII of the California
3Constitution.end insert
Moneys allocated pursuant to paragraph (4) of
4subdivision (b) of Section 30061 shallbegin delete be used to supplement and
5not supplant funding by local agencies for existing services.end delete
begin insert not
6be used by local agencies to supplant other funding for Public
7Safety Services, as defined in Section 36 of Article XIII of the
8California Constitution.end insert

9(b) In the Counties of Los Angeles, Orange, and San Diego
10only, the district attorney may, in consultation with city attorneys
11in the county, determine a prorated share of the moneys received
12by the district attorney pursuant to this section to be allocated to
13city attorneys in the county in each fiscal year to fund the
14prosecution by those city attorneys of misdemeanor violations of
15state law.

16(c) In no event shall any moneys allocated from the county’s
17SLESA be expended by a recipient agency to fund any of the
18following:

19(1) Administrative overhead costs in excess of 0.5 percent of a
20recipient entity’s SLESA allocation for that year.

21(2) The costs of any capital project or construction project
22funded from moneys allocated pursuant to paragraph (3) of
23subdivision (b) of Section 30061 that does not directly support
24front line law enforcement services.

25(3) The costs of any capital project or construction project
26funded from moneys allocated pursuant to paragraph (4) of
27subdivision (b) of Section 30061.

28(d) For purposes of subdivision (c), both of the following shall
29apply:

30(1) A “recipient agency” or “recipient entity” is that entity that
31actually incurs the expenditures of SLESA funds allocated pursuant
32to paragraph (1), (2), (3), or (4) of subdivision (b) of Section 30061.

33(2) Administrative overhead costs shall only be charged by the
34recipient entity, as defined in paragraph (1), up to 0.5 percent of
35its SLESA allocation.

36(e) For purposes of this chapter, “front line law enforcement
37services” and “front line municipal police services” each include
38antigang, community crime prevention, and juvenile justice
39programs.

P30   1begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 30070 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
2read:end insert

3

30070.  

(a) For the 2011-12 fiscal year, the program authorized
4by this chapter shall be funded from the Local Law Enforcement
5Services Account in the Local Revenue Fund 2011. The Controller
6shall, on a quarterly basis, beginning on October 1, 2011, allocate
74.07 percent of the moneys annually deposited in the Local Law
8Enforcement Services Account. Commencing with the 2012-13
9fiscal year, the program authorized by this chapter shall be funded
10from the Enhancing Law Enforcement Activities Subaccount in
11the Local Revenue Fund 2011. Subsequent to the allocation
12described in subdivision (c) of Section 29552, the Controller shall
13allocate 4.06682787 percent of the remaining moneys annually
14deposited in the Enhancing Law Enforcement Activities
15Subaccount in the Local Revenue Fund 2011. Commencing with
16the 2013-14 fiscal year, subsequent to the allocation described in
17subdivision (d) of Section 29552, the Controller shall allocate
184.06682787 percent of the remaining moneys annually deposited
19in the Enhancing Law Enforcement Activities Subaccount in the
20Local Revenue Fund 2011. Funds shall be allocated in monthly
21installments to county sheriffs’ departments to enhance law
22enforcement efforts in the counties specified in paragraphs (1) to
23(37), inclusive, according to the following schedule:


24

 

(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%

P31  22

 

23(b) Funds allocated pursuant to this section shallbegin delete be used to
24supplement rather than supplant existing law enforcement
25resources.end delete
begin insert not be used by local agencies to supplant other funding
26for Public Safety Services, as defined in Section 36 of Article XIII
27of the California Constitution.end insert

28(c) The funds allocated pursuant to this section may not be used
29for any video surveillance or monitoring of the general public.

30begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 69927 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
31read:end insert

begin insert
32

begin insert69927.end insert  

It is the intent of the Legislature to establish a process
33and funding mechanism for sheriffs that overall incur increased
34trial court security costs as a result of court construction projects
35that had an occupancy date on or after October 9, 2011.

36(a) Funding for increased trial court security costs pursuant to
37this section shall be funded by the General Fund, subject to an
38annual appropriation by the Legislature.

39(b) Counties that demonstrate increased trial court security
40costs incurred by the sheriff as a result of court construction
P32   1projects that had an occupancy date on or after October 9, 2011,
2may request funding pursuant to this section.

3(1) Requests shall be submitted to the Department of Finance,
4and shall include, but not be limited to, information described in
5subdivision (d).

6(c) Counties shall assess and identify key, quantifiable
7differences between the previous court facility or facilities and the
8new or replacement facility that impose a measurable and higher
9level of court security costs incurred by the sheriff.

10(d) In evaluating requests, the Department of Finance shall
11consider on a case-by-case basis relevant factors, including, but
12not limited to:

13(1) Changes in court security due to the consolidation of court
14facilities.

15(2) Changes in overall court security costs due to the
16consolidation of court facilities.

17(3) The square footage of the facility that is accessible to the
18public.

19(4) Other design considerations, such as multiple floors or the
20distance between entry points and courtrooms.

21(5) The number of courtrooms compared to previous
22courtrooms.

23(6) The case types and time spent on various case types being
24heard in the new facility as compared to the previous facility or
25facilities.

26(7) The addition of holding cells and the escorting of inmates
27within the court facility.

28(8) The number of public entrances and security screening
29stations.

30(9) The presence of a security monitor or control panel.

31(10) The presence, location, and expected utilization of jury
32assembly rooms and juries.

33(11) Historical court security staffing and the use of deputies
34or court attendants.

35(12) Personnel costs for sheriff deputies and court attendant
36staff within the county.

37(13) The population of the county.

38(e) In evaluating the number of courtrooms under paragraph
39(5) of subdivision (d), the addition of courtrooms for new
P33   1judgeships that have not been both authorized and funded may be
2excluded.

3(f) The Director of Finance, in his or her discretion, may limit
4the amount of funding provided within the annual appropriation.

5(g) Funds authorized pursuant to this section shall be used
6exclusively to fund trial court security provided by county sheriffs.
7No general county administrative costs may be paid with the funds
8provided, including, but not limited to, the costs of administering
9the funds received pursuant to this section.

10(h) Requests received by the Department of Finance shall be
11evaluated as expeditiously as possible.

12(i) Requests approved by the Department of Finance shall be
13considered ongoing, subject to an annual appropriation by the
14Legislature. The appropriation shall be adjusted annually by a
15rate commensurate with the growth in the Trial Court Security
16Growth Subaccount in the prior fiscal year.

end insert
17begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 1251.4 is added to the end insertbegin insertHealth and Safety
18Code
end insert
begin insert, to read:end insert

begin insert
19

begin insert1251.4.end insert  

(a) Notwithstanding any other law, upon application
20of the Department of Corrections and Rehabilitation, the
21department shall change the license category of a general acute
22care hospital licensed to the Department of Corrections and
23Rehabilitation to a correctional treatment center license. No
24licensing inspection is required for this change of license category.

25(b) Notwithstanding any other law, upon application of the
26Department of Corrections and Rehabilitation, the department
27shall change the license category of a general acute care hospital
28or any other licensed health facility located on the grounds of a
29prison to a correctional treatment center license regardless of the
30location of the buildings included in those licenses. No licensing
31inspection is required for this change of license category.

end insert
32begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 17.7 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
33

begin insert17.7.end insert  

The Legislature finds and declares the following:

34(a) Strategies supporting reentering offenders through practices
35and programs, such as standardized risk and needs assessments,
36transitional community housing, treatment, medical and mental
37health services, and employment, have been demonstrated to
38significantly reduce recidivism among offenders in other states.

39(b) Improving outcomes among offenders reentering the
40community after serving time in a correctional facility will promote
P34   1public safety and will reduce California’s prison and jail
2populations.

3(c) Establishing a California reentry program that encompasses
4strategies known to reduce recidivism warrants a vigorous
5short-term startup in the 2014-15 fiscal year using readily
6available resources in the community, and a comprehensive
7long-term development plan for future budget years designed to
8expand the availability, impact, and sustainability of these
9strategies as further community partnerships are identified and
10developed.

end insert
11begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 667.2 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
12

begin insert667.2.end insert  

(a) The Legislature finds and declares that assisting
13offenders released pursuant to Proposition 36, adopted at the
14November 6, 2012, statewide general election, with their transition
15back into communities will increase the offenders’ likelihood of
16successful reintegration.

17(b) Subject to the availability of funding for and space in the
18programs and services, the Department of Corrections and
19Rehabilitation may provide programs and services, including, but
20not limited to, transitional housing, mental health, and substance
21abuse treatment to an offender who is released from the
22department’s custody and satisfies both of the following conditions:

23(1) The offender is released pursuant to any of the following
24provisions, as they were amended or added by Sections 2 to 6,
25inclusive, of Proposition 36, as adopted at the November 6, 2012,
26statewide general election:

27(A) Section 667.

28(B) Section 667.1.

29(C) Section 1170.12.

30(D) Section 1170.125.

31(E) Section 1170.126.

32(2) The offender is not subject to either of the following:

33(A) Parole pursuant to Article 3 (commencing with Section
343040) of Chapter 8 of Title 1 of Part 3.

35(B) Postrelease community supervision pursuant to Title 2.05
36(commencing with Section 3450) of Part 3.

37(c) (1) The Department of Corrections and Rehabilitation, in
38consultation with the Administrative Office of the Courts, shall
39establish a referral process for offenders described in subdivision
P35   1(b) to participate in programs and receive services that the
2department has existing contracts to provide.

3(2) The Administrative Office of the Courts shall inform courts
4of the availability of the programs and services described in this
5section.

end insert
6begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 830.3 of the end insertbegin insertPenal Codeend insertbegin insert, as added by Section
738 of Chapter 515 of the Statutes of 2013, is amended to read:end insert

8

830.3.  

The following persons are peace officers whose authority
9extends to any place in the state for the purpose of performing
10their primary duty or when making an arrest pursuant to Section
11836 as to any public offense with respect to which there is
12immediate danger to person or property, or of the escape of the
13perpetrator of that offense, or pursuant to Section 8597 or 8598 of
14the Government Code. These peace officers may carry firearms
15only if authorized and under those terms and conditions as specified
16by their employing agencies:

17(a) Persons employed by the Division of Investigation of the
18Department of Consumer Affairs and investigators of the Board
19of Dental Examiners, who are designated by the Director of
20Consumer Affairs, provided that the primary duty of these peace
21officers shall be the enforcement of the law as that duty is set forth
22in Section 160 of the Business and Professions Code.

23(b) Voluntary fire wardens designated by the Director of
24Forestry and Fire Protection pursuant to Section 4156 of the Public
25Resources Code, provided that the primary duty of these peace
26officers shall be the enforcement of the law as that duty is set forth
27in Section 4156 of that code.

28(c) Employees of the Department of Motor Vehicles designated
29in Section 1655 of the Vehicle Code, provided that the primary
30duty of these peace officers shall be the enforcement of the law as
31that duty is set forth in Section 1655 of that code.

32(d) Investigators of the California Horse Racing Board
33designated by the board, provided that the primary duty of these
34peace officers shall be the enforcement of Chapter 4 (commencing
35with Section 19400) of Division 8 of the Business and Professions
36Code and Chapter 10 (commencing with Section 330) of Title 9
37of Partbegin delete 1 of this code.end deletebegin insert 1.end insert

38(e) The State Fire Marshal and assistant or deputy state fire
39marshals appointed pursuant to Section 13103 of the Health and
40Safety Code, provided that the primary duty of these peace officers
P36   1shall be the enforcement of the law as that duty is set forth in
2Section 13104 of that code.

3(f) Inspectors of the food and drug section designated by the
4chief pursuant to subdivision (a) of Section 106500 of the Health
5and Safety Code, provided that the primary duty of these peace
6officers shall be the enforcement of the law as that duty is set forth
7in Section 106500 of that code.

8(g) All investigators of the Division of Labor Standards
9Enforcement designated by the Labor Commissioner, provided
10that the primary duty of these peace officers shall be the
11enforcement of the law as prescribed in Section 95 of the Labor
12Code.

13(h) All investigators of the State Departments of Health Care
14Services, Public Health,begin insert andend insert Social Services,begin delete Mental Health, and
15Alcohol and Drug Programs,end delete
the Department of Toxic Substances
16Control, the Office of Statewide Health Planning and Development,
17and the Public Employees’ Retirement System, provided that the
18primary duty of these peace officers shall be the enforcement of
19the law relating to the duties of his or her department or office.
20Notwithstanding any otherbegin delete provision ofend delete law, investigators of the
21Public Employees’ Retirement System shall not carry firearms.

22(i) The Chief of the Bureau of Fraudulent Claims of the
23Department of Insurance and those investigators designated by the
24chief, provided that the primary duty of those investigators shall
25be the enforcement of Section 550.

26(j) Employees of the Department of Housing and Community
27Development designated under Section 18023 of the Health and
28Safety Code, provided that the primary duty of these peace officers
29shall be the enforcement of the law as that duty is set forth in
30Section 18023 of that code.

31(k) Investigators of the office of the Controller, provided that
32the primary duty of these investigators shall be the enforcement
33of the law relating to the duties of that office. Notwithstanding any
34other law, except as authorized by the Controller, the peace officers
35designated pursuant to this subdivision shall not carry firearms.

36(l) Investigators of the Department of Business Oversight
37designated by the Commissioner of Business Oversight, provided
38that the primary duty of these investigators shall be the enforcement
39of the provisions of law administered by the Department of
40Business Oversight. Notwithstanding any otherbegin delete provision ofend delete law,
P37   1the peace officers designated pursuant to this subdivision shall not
2carry firearms.

3(m) Persons employed by thebegin delete Contractorsend deletebegin insert Contractors’end insert State
4License Board designated by the Director of Consumer Affairs
5pursuant to Section 7011.5 of the Business and Professions Code,
6provided that the primary duty of these persons shall be the
7enforcement of the law as that duty is set forth in Section 7011.5,
8and in Chapter 9 (commencing with Section 7000) of Division 3,
9of that code. The Director of Consumer Affairs may designate as
10peace officers not more than 12 persons who shall at the time of
11their designation be assigned to the special investigations unit of
12the board. Notwithstanding any otherbegin delete provision ofend delete law, the persons
13designated pursuant to this subdivision shall not carry firearms.

14(n) The Chief and coordinators of the Law Enforcement Branch
15of the Office of Emergency Services.

16(o) Investigators of the office of the Secretary of State designated
17by the Secretary of State, provided that the primary duty of these
18peace officers shall be the enforcement of the law as prescribed
19in Chapter 3 (commencing with Section 8200) of Division 1 of
20Title 2 of, and Section 12172.5 of, the Government Code.
21Notwithstanding any otherbegin delete provision ofend delete law, the peace officers
22designated pursuant to this subdivision shall not carry firearms.

23(p) The Deputy Director for Security designated by Section
248880.38 of the Government Code, and all lottery security personnel
25assigned to the California State Lottery and designated by the
26director, provided that the primary duty of any of those peace
27officers shall be the enforcement of the laws related to assuring
28the integrity, honesty, and fairness of the operation and
29administration of the California State Lottery.

30(q) Investigators employed by the Investigation Division of the
31Employment Development Department designated by the director
32of the department, provided that the primary duty of those peace
33officers shall be the enforcement of the law as that duty is set forth
34in Section 317 of the Unemployment Insurance Code.

35Notwithstanding any otherbegin delete provision ofend delete law, the peace officers
36designated pursuant to this subdivision shall not carry firearms.

37(r) The chief and assistant chief of museum security and safety
38of the California Science Center, as designated by the executive
39director pursuant to Section 4108 of the Food and Agricultural
40Code, provided that the primary duty of those peace officers shall
P38   1be the enforcement of the law as that duty is set forth in Section
24108 of the Food and Agricultural Code.

3(s) Employees of the Franchise Tax Board designated by the
4board, provided that the primary duty of these peace officers shall
5be the enforcement of the law as set forth in Chapter 9
6(commencing with Section 19701) of Part 10.2 of Division 2 of
7the Revenue and Taxation Code.

8(t) begin insert(1)end insertbegin insertend insertNotwithstanding any other provision of this section, a
9peace officer authorized by this section shall not be authorized to
10carry firearms by his or her employing agency until that agency
11has adopted a policy on the use of deadly force by those peace
12officers, and until those peace officers have been instructed in the
13employing agency’s policy on the use of deadly force.

begin delete

14Every

end delete

15begin insert(2)end insertbegin insertend insertbegin insertEveryend insert peace officer authorized pursuant to this section to
16carry firearms by his or her employing agency shall qualify in the
17use of the firearms at least every six months.

18(u) Investigators of the Department of Managed Health Care
19designated by the Director of the Department of Managed Health
20Care, provided that the primary duty of these investigators shall
21be the enforcement of the provisions of laws administered by the
22Director of the Department of Managed Health Care.
23Notwithstanding any otherbegin delete provision ofend delete law, the peace officers
24designated pursuant to this subdivision shall not carry firearms.

25(v) The Chief, Deputy Chief, supervising investigators, and
26investigators of the Office of Protective Services of the State
27Department of Developmental Services,begin insert the Office of Protective
28Services of the State Department of State Hospitals, and the Office
29ofend insert
begin insert Law Enforcement Support of the California Health and Human
30Services Agency,end insert
provided that the primary duty of each of those
31persons shall be the enforcement of the law relating to the duties
32of his or her department or office.

33(w) This section shall become operative July 1, 2014.

34begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 830.38 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

35

830.38.  

begin insert(a)end insertbegin insertend insertThe officers of a state hospital under the
36jurisdiction of the State Department of State Hospitals or the State
37Department of Developmental Services appointed pursuant to
38Section 4313 or 4493 of the Welfare and Institutions Code, are
39peace officers whose authority extends to any place in the state
40for the purpose of performing their primary duty or when making
P39   1an arrest pursuant to Section 836 as to any public offense with
2respect to which there is immediate danger to person or property,
3or of the escape of the perpetrator of that offense, or pursuant to
4Section 8597 or 8598 of the Government Code provided that the
5primary duty of the peace officers shall be the enforcement of the
6law as set forth in Sections 4311, 4313, 4491, and 4493 of the
7Welfare and Institutions Code. Those peace officers may carry
8firearms only if authorized and under terms and conditions
9specified by their employing agency.

begin insert

10(b) By July 1, 2015, the California Health and Human Services
11Agency shall develop training protocols and policies and
12procedures for peace officers specified in subdivision (a). When
13appropriate, training protocols and policies and procedures shall
14be uniformly implemented in both state hospitals and
15developmental centers. Additional training protocols and policies
16and procedures shall be developed to address the unique
17characteristics of the residents in each type of facility.

end insert
begin insert

18(c) In consultation with system stakeholders, the agency shall
19develop recommendations to further improve the quality and
20stability of law enforcement and investigative functions at both
21developmental centers and state hospitals in a meaningful and
22sustainable manner. These recommendations shall be submitted
23to the budget committees and relevant policy committees of both
24houses of the Legislature no later than January 10, 2015.

end insert
25begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 1026 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

26

1026.  

(a) When a defendant pleads not guilty by reason of
27insanity, and also joins with it another plea or pleas, the defendant
28shall first be tried as if only such other plea or pleas had been
29entered, and in that trial the defendant shall be conclusively
30presumed to have been sane at the time the offense is alleged to
31have been committed. If the jury shall find the defendant guilty,
32or if the defendant pleads only not guilty by reason of insanity,
33then the question whether the defendant was sane or insane at the
34time the offense was committed shall be promptly tried, either
35before the same jury or before a new jury in the discretion of the
36court. In that trial, the jury shall return a verdict either that the
37defendant was sane at the time the offense was committed or was
38insane at the time the offense was committed. If the verdict or
39finding is that the defendant was sane at the time the offense was
40committed, the court shall sentence the defendant as provided by
P40   1law. If the verdict or finding be that the defendant was insane at
2the time the offense was committed, the court, unless it shall appear
3to the court that the sanity of the defendant has been recovered
4fully, shall direct that the defendant bebegin delete confined in a state hospitalend delete
5begin insert committed to the State Department of State Hospitalsend insert for the care
6and treatment of the mentally disordered or any other appropriate
7public or private treatment facility approved by the community
8program director, or the court may order the defendant placed on
9outpatient status pursuant to Title 15 (commencing with Section
101600) of Part 2.

11(b) Prior to making the order directing that the defendant be
12begin delete confined in a state hospitalend deletebegin insert committed to the State Department of
13State Hospitalsend insert
or other treatment facility or placed on outpatient
14status, the court shall order the community program director or a
15designee to evaluate the defendant and to submit to the court within
1615 judicial days of the order a written recommendation as to
17whether the defendant should be placed on outpatient status or
18begin delete confined in a state hospitalend deletebegin insert committed to the State Department of
19State Hospitalsend insert
or other treatment facility. No person shall be
20admitted to a state hospital or other treatment facility or placed on
21outpatient status under this section without having been evaluated
22by the community program director or a designee. If, however, it
23appears to the court that the sanity of the defendant has been
24recovered fully, the defendant shall be remanded to the custody
25of the sheriff until the issue of sanity shall have been finally
26determined in the manner prescribed by law. A defendant
27committed to a state hospital or other treatment facility or placed
28on outpatient status pursuant to Title 15 (commencing with Section
291600) of Part 2 shall not be released from confinement, parole, or
30outpatient status unless and until the court which committed the
31person shall, after notice and hearing, find and determine that the
32person’s sanity has been restored. Nothing in this section shall
33prevent the transfer of the patient from one state hospital to any
34other state hospital by proper authority. Nothing in this section
35shall prevent the transfer of the patient to a hospital in another
36state in the manner provided in Section 4119 of the Welfare and
37Institutions Code.

38(c) If the defendant is committed or transferred tobegin delete a state hospitalend delete
39begin insert the State Department of State Hospitalsend insert pursuant to this section,
40the court may, upon receiving the written recommendation of the
P41   1medical director of the state hospital and the community program
2director that the defendant be transferred to a public or private
3treatment facility approved by the community program director,
4order the defendant transferred to that facility. If the defendant is
5committed or transferred to a public or private treatment facility
6approved by the community program director, the court may, upon
7receiving the written recommendation of the community program
8director, order the defendant transferred tobegin delete a state hospitalend deletebegin insert the State
9Department of State Hospitalsend insert
or to another public or private
10treatment facility approved by the community program director.
11 Where either the defendant or the prosecuting attorney chooses to
12contest either kind of order of transfer, a petition may be filed in
13the court requesting a hearing which shall be held if the court
14 determines that sufficient grounds exist. At that hearing, the
15prosecuting attorney or the defendant may present evidence bearing
16on the order of transfer. The court shall use the same procedures
17and standards of proof as used in conducting probation revocation
18hearings pursuant to Section 1203.2.

19(d) Prior to making an order for transfer under this section, the
20court shall notify the defendant, the attorney of record for the
21defendant, the prosecuting attorney, and the community program
22director or a designee.

23(e) When the court, after considering the placement
24recommendation of the community program director required in
25subdivision (b), orders that the defendant bebegin delete confined in a state
26hospitalend delete
begin insert committed to the State Department of State Hospitalsend insert or
27other public or private treatment facility, the court shall provide
28copies of the following documentsbegin delete which shall be taken withend deletebegin insert prior
29to the admission ofend insert
the defendant to thebegin delete state hospitalend deletebegin insert State
30Department of State Hospitalsend insert
or other treatment facility where
31the defendant is to bebegin delete confined:end deletebegin insert committed:end insert

32(1) The commitment order, including a specification of the
33charges.

34(2) A computation or statement setting forth the maximum term
35of commitment in accordance with Section 1026.5.

36(3) A computation or statement setting forth the amount of credit
37for time served, if any, to be deducted from the maximum term of
38commitment.

39(4) State summary criminal history information.

P42   1(5) Any arrest reports prepared by the police department or other
2law enforcement agency.

3(6) Any court-ordered psychiatric examination or evaluation
4reports.

5(7) The community program director’s placement
6recommendation report.

begin insert

7(8) Any medical records.

end insert

8(f) If the defendant is confined in a state hospital or other
9treatment facility as an inpatient, the medical director of the facility
10shall, at six-month intervals, submit a report in writing to the court
11and the community program director of the county of commitment,
12or a designee, setting forth the status and progress of the defendant.
13The court shall transmit copies of these reports to the prosecutor
14and defense counsel.

begin delete

15(g) When directing that the defendant be confined in a state
16hospital pursuant to subdivision (a), the court shall select the state
17hospital in accordance with the policies established by the State
18Department of State Hospitals.

end delete
begin delete

19(h)

end delete

20begin insert(g)end insert For purposes of this section and Sections 1026.1 to 1026.6,
21inclusive, “community program director” means the person,
22agency, or entity designated by the State Department of State
23Hospitals pursuant to Section 1605 of this code and Sectionbegin delete 5709.8end delete
24begin insert 4360end insert of the Welfare and Institutions Code.

25begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 1170 of the end insertbegin insertPenal Codeend insertbegin insert, as amended by
26Section 5 of Chapter 508 of the Statutes of 2013, is amended to
27read:end insert

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
P43   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.

P44   1(b) When a judgment of imprisonment is to be imposed and the
2statute specifies three possible terms, the choice of the appropriate
3term shall rest within the sound discretion of the court. At least
4four days prior to the time set for imposition of judgment, either
5party or the victim, or the family of the victim if the victim is
6deceased, may submit a statement in aggravation or mitigation. In
7determining the appropriate term, the court may consider the record
8in the case, the probation officer’s report, other reports, including
9reports received pursuant to Section 1203.03, and statements in
10aggravation or mitigation submitted by the prosecution, the
11defendant, or the victim, or the family of the victim if the victim
12is deceased, and any further evidence introduced at the sentencing
13hearing. The court shall select the term which, in the court’s
14discretion, best serves the interests of justice. The court shall set
15forth on the record the reasons for imposing the term selected and
16the court may not impose an upper term by using the fact of any
17enhancement upon which sentence is imposed under any provision
18of law. A term of imprisonment shall not be specified if imposition
19of sentence is suspended.

20(c) The court shall state the reasons for its sentence choice on
21the record at the time of sentencing. The court shall also inform
22the defendant that as part of the sentence after expiration of the
23term he or she may be on parole for a period as provided in Section
243000.

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

38(2) (A) (i) When a defendant who was under 18 years of age
39 at the time of the commission of the offense for which the
40defendant was sentenced to imprisonment for life without the
P45   1possibility of parole has served at least 15 years of that sentence,
2the defendant may submit to the sentencing court a petition for
3recall and resentencing.

4(ii) Notwithstanding clause (i), this paragraph shall not apply
5to defendants sentenced to life without parole for an offense where
6the defendant tortured, as described in Section 206, his or her
7victim or the victim was a public safety official, including any law
8enforcement personnel mentioned in Chapter 4.5 (commencing
9with Section 830) of Title 3, or any firefighter as described in
10Section 245.1, as well as any other officer in any segment of law
11enforcement who is employed by the federal government, the state,
12or any of its political subdivisions.

13(B) The defendant shall file the original petition with the
14sentencing court. A copy of the petition shall be served on the
15agency that prosecuted the case. The petition shall include the
16defendant’s statement that he or she was under 18 years of age at
17the time of the crime and was sentenced to life in prison without
18the possibility of parole, the defendant’s statement describing his
19or her remorse and work towards rehabilitation, and the defendant’s
20statement that one of the following is true:

21(i) The defendant was convicted pursuant to felony murder or
22aiding and abetting murder provisions of law.

23(ii) The defendant does not have juvenile felony adjudications
24for assault or other felony crimes with a significant potential for
25personal harm to victims prior to the offense for which the sentence
26is being considered for recall.

27(iii) The defendant committed the offense with at least one adult
28codefendant.

29(iv) The defendant has performed acts that tend to indicate
30rehabilitation or the potential for rehabilitation, including, but not
31limited to, availing himself or herself of rehabilitative, educational,
32or vocational programs, if those programs have been available at
33his or her classification level and facility, using self-study for
34self-improvement, or showing evidence of remorse.

35(C) If any of the information required in subparagraph (B) is
36missing from the petition, or if proof of service on the prosecuting
37agency is not provided, the court shall return the petition to the
38defendant and advise the defendant that the matter cannot be
39considered without the missing information.

P46   1(D) A reply to the petition, if any, shall be filed with the court
2within 60 days of the date on which the prosecuting agency was
3served with the petition, unless a continuance is granted for good
4cause.

5(E) If the court finds by a preponderance of the evidence that
6the statements in the petition are true, the court shall hold a hearing
7to consider whether to recall the sentence and commitment
8previously ordered and to resentence the defendant in the same
9manner as if the defendant had not previously been sentenced,
10provided that the new sentence, if any, is not greater than the initial
11sentence. Victims, or victim family members if the victim is
12deceased, shall retain the rights to participate in the hearing.

13(F) The factors that the court may consider when determining
14whether to recall and resentence include, but are not limited to,
15the following:

16(i) The defendant was convicted pursuant to felony murder or
17aiding and abetting murder provisions of law.

18(ii) The defendant does not have juvenile felony adjudications
19for assault or other felony crimes with a significant potential for
20personal harm to victims prior to the offense for which the sentence
21is being considered for recall.

22(iii) The defendant committed the offense with at least one adult
23codefendant.

24(iv) Prior to the offense for which the sentence is being
25considered for recall, the defendant had insufficient adult support
26or supervision and had suffered from psychological or physical
27trauma, or significant stress.

28(v) The defendant suffers from cognitive limitations due to
29mental illness, developmental disabilities, or other factors that did
30not constitute a defense, but influenced the defendant’s
31involvement in the offense.

32(vi) 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(vii) The defendant has maintained family ties or connections
39with others through letter writing, calls, or visits, or has eliminated
P47   1contact with individuals outside of prison who are currently
2involved with crime.

3(viii) The defendant has had no disciplinary actions for violent
4activities in the last five years in which the defendant was
5determined to be the aggressor.

6(G) The court shall have the discretion to recall the sentence
7and commitment previously ordered and to resentence the
8defendant in the same manner as if the defendant had not
9previously been sentenced, provided that the new sentence, if any,
10is not greater than the initial sentence. The discretion of the court
11shall be exercised in consideration of the criteria in subparagraph
12(B). Victims, or victim family members if the victim is deceased,
13shall be notified of the resentencing hearing and shall retain their
14rights to participate in the hearing.

15(H) If the sentence is not recalled, the defendant may submit
16another petition for recall and resentencing to the sentencing court
17when the defendant has been committed to the custody of the
18department for at least 20 years. If recall and resentencing is not
19granted under that petition, the defendant may file another petition
20after having served 24 years. The final petition may be submitted,
21and the response to that petition shall be determined, during the
2225th year of the defendant’s sentence.

23(I) In addition to the criteria in subparagraph (F), the court may
24consider any other criteria that the court deems relevant to its
25decision, so long as the court identifies them on the record,
26provides a statement of reasons for adopting them, and states why
27the defendant does or does not satisfy the criteria.

28(J) This subdivision shall have retroactive application.

29(e) (1) Notwithstanding any other law and consistent with
30paragraph (1) of subdivision (a), if the secretary or the Board of
31Parole Hearings or both determine that a prisoner satisfies the
32criteria set forth in paragraph (2), the secretary or the board may
33recommend to the court that the prisoner’s sentence be recalled.

34(2) The court shall have the discretion to resentence or recall if
35the court finds that the facts described in subparagraphs (A) and
36(B) or subparagraphs (B) and (C) exist:

37(A) The prisoner is terminally ill with an incurable condition
38caused by an illness or disease that would produce death within
39six months, as determined by a physician employed by the
40department.

P48   1(B) The conditions under which the prisoner would be released
2or receive treatment do not pose a threat to public safety.

3(C) The prisoner is permanently medically incapacitated with
4a medical condition that renders him or her permanently unable
5to perform activities of basic daily living, and results in the prisoner
6requiring 24-hour total care, including, but not limited to, coma,
7persistent vegetative state, brain death, ventilator-dependency, loss
8of control of muscular or neurological function, and that
9incapacitation did not exist at the time of the original sentencing.

10The Board of Parole Hearings shall make findings pursuant to
11this subdivision before making a recommendation for resentence
12or recall to the court. This subdivision does not apply to a prisoner
13sentenced to death or a term of life without the possibility of parole.

14(3) Within 10 days of receipt of a positive recommendation by
15the secretary or the board, the court shall hold a hearing to consider
16whether the prisoner’s sentence should be recalled.

17(4) Any physician employed by the department who determines
18that a prisoner has six months or less to live shall notify the chief
19medical officer of the prognosis. If the chief medical officer
20concurs with the prognosis, he or she shall notify the warden.
21Within 48 hours of receiving notification, the warden or the
22warden’s representative shall notify the prisoner of the recall and
23resentencing procedures, and shall arrange for the prisoner to
24designate a family member or other outside agent to be notified
25as to the prisoner’s medical condition and prognosis, and as to the
26recall and resentencing procedures. If the inmate is deemed
27mentally unfit, the warden or the warden’s representative shall
28contact the inmate’s emergency contact and provide the information
29described in paragraph (2).

30(5) The warden or the warden’s representative shall provide the
31prisoner and his or her family member, agent, or emergency
32contact, as described in paragraph (4), updated information
33throughout the recall and resentencing process with regard to the
34prisoner’s medical condition and the status of the prisoner’s recall
35and resentencing proceedings.

36(6) Notwithstanding any other provisions of this section, the
37prisoner or his or her family member or designee may
38independently request consideration for recall and resentencing
39by contacting the chief medical officer at the prison or the
40secretary. Upon receipt of the request, the chief medical officer
P49   1and the warden or the warden’s representative shall follow the
2procedures described in paragraph (4). If the secretary determines
3that the prisoner satisfies the criteria set forth in paragraph (2), the
4secretary or board may recommend to the court that the prisoner’s
5sentence be recalled. The secretary shall submit a recommendation
6 for release within 30 days in the case of inmates sentenced to
7determinate terms and, in the case of inmates sentenced to
8indeterminate terms, the secretary shall make a recommendation
9to the Board of Parole Hearings with respect to the inmates who
10have applied under this section. The board shall consider this
11information and make an independent judgment pursuant to
12paragraph (2) and make findings related thereto before rejecting
13the request or making a recommendation to the court. This action
14shall be taken at the next lawfully noticed board meeting.

15(7) Any recommendation for recall submitted to the court by
16the secretary or the Board of Parole Hearings shall include one or
17more medical evaluations, a postrelease plan, and findings pursuant
18to paragraph (2).

19(8) If possible, the matter shall be heard before the same judge
20of the court who sentenced the prisoner.

21(9) If the court grants the recall and resentencing application,
22the prisoner shall be released by the department within 48 hours
23of receipt of the court’s order, unless a longer time period is agreed
24to by the inmate. At the time of release, the warden or the warden’s
25representative shall ensure that the prisoner has each of the
26following in his or her possession: a discharge medical summary,
27full medical records, state identification, parole medications, and
28all property belonging to the prisoner. After discharge, any
29additional records shall be sent to the prisoner’s forwarding
30address.

31(10) The secretary shall issue a directive to medical and
32correctional staff employed by the department that details the
33guidelines and procedures for initiating a recall and resentencing
34procedure. The directive shall clearly state that any prisoner who
35is given a prognosis of six months or less to live is eligible for
36recall and resentencing consideration, and that recall and
37resentencing procedures shall be initiated upon that prognosis.

38(f) Notwithstanding any other provision of this section, for
39purposes of paragraph (3) of subdivision (h), any allegation that
40a defendant is eligible for state prison due to a prior or current
P50   1conviction, sentence enhancement, or because he or she is required
2to register as a sex offender shall not be subject to dismissal
3pursuant to Section 1385.

4(g) A sentence to state prison for a determinate term for which
5only one term is specified, is a sentence to state prison under this
6section.

7(h) (1) Except as provided in paragraph (3), a felony punishable
8pursuant to this subdivision where the term is not specified in the
9underlying offense shall be punishable by a term of imprisonment
10in a county jail for 16 months, or two or three years.

11(2) Except as provided in paragraph (3), a felony punishable
12pursuant to this subdivision shall be punishable by imprisonment
13in a county jail for the term described in the underlying offense.

14(3) Notwithstanding paragraphs (1) and (2), where the defendant
15(A) has a prior or current felony conviction for a serious felony
16described in subdivision (c) of Section 1192.7 or a prior or current
17conviction for a violent felony described in subdivision (c) of
18Section 667.5, (B) has a prior felony conviction in another
19jurisdiction for an offense that has all the elements of a serious
20felony described in subdivision (c) of Section 1192.7 or a violent
21felony described in subdivision (c) of Section 667.5, (C) is required
22to register as a sex offender pursuant to Chapter 5.5 (commencing
23with Section 290) of Title 9 of Part 1, or (D) is convicted of a crime
24and as part of the sentence an enhancement pursuant to Section
25186.11 is imposed, an executed sentence for a felony punishable
26pursuant to this subdivision shall be served in state prison.

27(4) Nothing in this subdivision shall be construed to prevent
28other dispositions authorized by law, including pretrial diversion,
29deferred entry of judgment, or an order granting probation pursuant
30to Section 1203.1.

31(5) begin deleteThe end deletebegin insert(A)end insertbegin insertend insertbegin insertUnless the court finds that, in the interests of justice,
32it is not appropriate in a particular case, the end insert
court, when imposing
33a sentence pursuant to paragraph (1) or (2) of this subdivision,
34begin delete may commit the defendant to county jail as follows:end deletebegin insert shall suspend
35execution of a concluding portion of the term for a period selected
36at the court’s discretion.end insert

begin delete

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

end delete
begin delete

39(B) (i) For a term as determined in accordance with the
40applicable sentencing law, but suspend execution of a concluding
P51   1portion of the term selected in the court’s discretion, during which
2time

end delete

3begin insert(B)end insertbegin insertend insertbegin insertThe portion of a defendant’s sentenced term that is
4suspended pursuant to this paragraph shall be known as mandatory
5supervision, and shall begin upon release from custody. During
6the period of mandatory supervision, end insert
the defendant shall be
7supervised by the county probation officer in accordance with the
8terms, conditions, and procedures generally applicable to persons
9placed on probation, for the remaining unserved portion of the
10sentence imposed by the court. The period of supervision shall be
11mandatory, and may not be earlier terminated except by court
12order. Any proceeding to revoke or modify mandatory supervision
13under this subparagraph shall be conducted pursuant to either
14subdivisions (a) and (b) of Section 1203.2 or Section 1203.3.
15During the period when the defendant is under such supervision,
16unless in actual custody related to the sentence imposed by the
17court, the defendant shall be entitled to only actual time credit
18against the term of imprisonment imposed by the court. Any time
19period which is suspended because a person has absconded shall
20not be credited toward the period of supervision.

begin delete

21(ii) The portion of a defendant’s sentenced term pursuant to this
22subparagraph shall be known as mandatory supervision.

end delete

23(6) The sentencing changes made by the act that added this
24subdivision shall be applied prospectively to any person sentenced
25on or after October 1,begin delete 2011end deletebegin insert 2011, until December 31, 2014end insert.

begin insert

26(7) The sentencing changes made by the act that added this
27paragraph shall be applied prospectively to any person sentenced
28on or after January 1, 2015.

end insert

29(i) This section shall remain in effect only until January 1, 2017,
30and as of that date is repealed, unless a later enacted statute, that
31is enacted before that date, deletes or extends that date.

32begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 1170 of the end insertbegin insertPenal Codeend insertbegin insert, as amended by
33Section 6 of Chapter 508 of the Statutes of 2013, is amended to
34read:end insert

35

1170.  

(a) (1) The Legislature finds and declares that the
36purpose of imprisonment for crime is punishment. This purpose
37is best served by terms proportionate to the seriousness of the
38offense with provision for uniformity in the sentences of offenders
39committing the same offense under similar circumstances. The
40Legislature further finds and declares that the elimination of
P52   1disparity and the provision of uniformity of sentences can best be
2achieved by determinate sentences fixed by statute in proportion
3to the seriousness of the offense as determined by the Legislature
4to be imposed by the court with specified discretion.

5(2) Notwithstanding paragraph (1), the Legislature further finds
6and declares that programs should be available for inmates,
7 including, but not limited to, educational programs, that are
8designed to prepare nonviolent felony offenders for successful
9reentry into the community. The Legislature encourages the
10development of policies and programs designed to educate and
11rehabilitate nonviolent felony offenders. In implementing this
12section, the Department of Corrections and Rehabilitation is
13encouraged to give priority enrollment in programs to promote
14successful return to the community to an inmate with a short
15remaining term of commitment and a release date that would allow
16him or her adequate time to complete the program.

17(3) In any case in which the punishment prescribed by statute
18for a person convicted of a public offense is a term of imprisonment
19in the state prison of any specification of three time periods, the
20court shall sentence the defendant to one of the terms of
21imprisonment specified unless the convicted person is given any
22other disposition provided by law, including a fine, jail, probation,
23or the suspension of imposition or execution of sentence or is
24sentenced pursuant to subdivision (b) of Section 1168 because he
25or she had committed his or her crime prior to July 1, 1977. In
26sentencing the convicted person, the court shall apply the
27sentencing rules of the Judicial Council. The court, unless it
28determines that there are circumstances in mitigation of the
29punishment prescribed, shall also impose any other term that it is
30required by law to impose as an additional term. Nothing in this
31article shall affect any provision of law that imposes the death
32penalty, that authorizes or restricts the granting of probation or
33suspending the execution or imposition of sentence, or expressly
34provides for imprisonment in the state prison for life, except as
35provided in paragraph (2) of subdivision (d). In any case in which
36the amount of preimprisonment credit under Section 2900.5 or any
37other provision of law is equal to or exceeds any sentence imposed
38pursuant to this chapter, the entire sentence shall be deemed to
39have been served and the defendant shall not be actually delivered
40to the custody of the secretary. The court shall advise the defendant
P53   1that he or she shall serve a period of parole and order the defendant
2to report to the parole office closest to the defendant’s last legal
3residence, unless the in-custody credits equal the total sentence,
4including both confinement time and the period of parole. The
5sentence shall be deemed a separate prior prison term under Section
6667.5, and a copy of the judgment and other necessary
7documentation shall be forwarded to the secretary.

8(b) When a judgment of imprisonment is to be imposed and the
9statute specifies three possible terms, the court shall order
10imposition of the middle term, unless there are circumstances in
11aggravation or mitigation of the crime. At least four days prior to
12the time set for imposition of judgment, either party or the victim,
13or the family of the victim if the victim is deceased, may submit
14a statement in aggravation or mitigation to dispute facts in the
15record or the probation officer’s report, or to present additional
16facts. In determining whether there are circumstances that justify
17imposition of the upper or lower term, the court may consider the
18record in the case, the probation officer’s report, other reports,
19including reports received pursuant to Section 1203.03, and
20statements in aggravation or mitigation submitted by the
21prosecution, the defendant, or the victim, or the family of the victim
22if the victim is deceased, and any further evidence introduced at
23the sentencing hearing. The court shall set forth on the record the
24facts and reasons for imposing the upper or lower term. The court
25may not impose an upper term by using the fact of any
26enhancement upon which sentence is imposed under any provision
27of law. A term of imprisonment shall not be specified if imposition
28of sentence is suspended.

29(c) The court shall state the reasons for its sentence choice on
30the record at the time of sentencing. The court shall also inform
31the defendant that as part of the sentence after expiration of the
32term he or she may be on parole for a period as provided in Section
333000.

34(d) (1) When a defendant subject to this section or subdivision
35(b) of Section 1168 has been sentenced to be imprisoned in the
36state prison and has been committed to the custody of the secretary,
37the court may, within 120 days of the date of commitment on its
38own motion, or at any time upon the recommendation of the
39secretary or the Board of Parole Hearings, recall the sentence and
40commitment previously ordered and resentence the defendant in
P54   1the same manner as if he or she had not previously been sentenced,
2provided the new sentence, if any, is no greater than the initial
3sentence. The court resentencing under this subdivision shall apply
4the sentencing rules of the Judicial Council so as to eliminate
5disparity of sentences and to promote uniformity of sentencing.
6Credit shall be given for time served.

7(2) (A) (i) When a defendant who was under 18 years of age
8at the time of the commission of the offense for which the
9defendant was sentenced to imprisonment for life without the
10possibility of parole has served at least 15 years of that sentence,
11the defendant may submit to the sentencing court a petition for
12recall and resentencing.

13(ii) Notwithstanding clause (i), this paragraph shall not apply
14to defendants sentenced to life without parole for an offense where
15the defendant tortured, as described in Section 206, his or her
16victim or the victim was a public safety official, including any law
17enforcement personnel mentioned in Chapter 4.5 (commencing
18with Section 830) of Title 3, or any firefighter as described in
19Section 245.1, as well as any other officer in any segment of law
20enforcement who is employed by the federal government, the state,
21or any of its political subdivisions.

22(B) The defendant shall file the original petition with the
23sentencing court. A copy of the petition shall be served on the
24agency that prosecuted the case. The petition shall include the
25defendant’s statement that he or she was under 18 years of age at
26the time of the crime and was sentenced to life in prison without
27the possibility of parole, the defendant’s statement describing his
28or her remorse and work towards rehabilitation, and the defendant’s
29statement that one of the following is true:

30(i) The defendant was convicted pursuant to felony murder or
31aiding and abetting murder provisions of law.

32(ii) The defendant does not have juvenile felony adjudications
33for assault or other felony crimes with a significant potential for
34personal harm to victims prior to the offense for which the sentence
35is being considered for recall.

36(iii) The defendant committed the offense with at least one adult
37codefendant.

38(iv) The defendant has performed acts that tend to indicate
39rehabilitation or the potential for rehabilitation, including, but not
40limited to, availing himself or herself of rehabilitative, educational,
P55   1or vocational programs, if those programs have been available at
2his or her classification level and facility, using self-study for
3self-improvement, or showing evidence of remorse.

4(C) If any of the information required in subparagraph (B) is
5missing from the petition, or if proof of service on the prosecuting
6agency is not provided, the court shall return the petition to the
7defendant and advise the defendant that the matter cannot be
8considered without the missing information.

9(D) A reply to the petition, if any, shall be filed with the court
10within 60 days of the date on which the prosecuting agency was
11served with the petition, unless a continuance is granted for good
12cause.

13(E) If the court finds by a preponderance of the evidence that
14the statements in the petition are true, the court shall hold a hearing
15to consider whether to recall the sentence and commitment
16previously ordered and to resentence the defendant in the same
17manner as if the defendant had not previously been sentenced,
18provided that the new sentence, if any, is not greater than the initial
19sentence. Victims, or victim family members if the victim is
20 deceased, shall retain the rights to participate in the hearing.

21(F) The factors that the court may consider when determining
22whether to recall and resentence include, but are not limited to,
23the following:

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) Prior to the offense for which the sentence is being
33considered for recall, the defendant had insufficient adult support
34or supervision and had suffered from psychological or physical
35trauma, or significant stress.

36(v) The defendant suffers from cognitive limitations due to
37mental illness, developmental disabilities, or other factors that did
38not constitute a defense, but influenced the defendant’s
39involvement in the offense.

P56   1(vi) The defendant has performed acts that tend to indicate
2rehabilitation or the potential for rehabilitation, including, but not
3limited to, availing himself or herself of rehabilitative, educational,
4or vocational programs, if those programs have been available at
5his or her classification level and facility, using self-study for
6self-improvement, or showing evidence of remorse.

7(vii) The defendant has maintained family ties or connections
8with others through letter writing, calls, or visits, or has eliminated
9contact with individuals outside of prison who are currently
10involved with crime.

11(viii) The defendant has had no disciplinary actions for violent
12activities in the last five years in which the defendant was
13determined to be the aggressor.

14(G) The court shall have the discretion to recall the sentence
15and commitment previously ordered and to resentence the
16defendant in the same manner as if the defendant had not
17previously been sentenced, provided that the new sentence, if any,
18is not greater than the initial sentence. The discretion of the court
19shall be exercised in consideration of the criteria in subparagraph
20(B). Victims, or victim family members if the victim is deceased,
21shall be notified of the resentencing hearing and shall retain their
22rights to participate in the hearing.

23(H) If the sentence is not recalled, the defendant may submit
24another petition for recall and resentencing to the sentencing court
25when the defendant has been committed to the custody of the
26department for at least 20 years. If recall and resentencing is not
27granted under that petition, the defendant may file another petition
28after having served 24 years. The final petition may be submitted,
29and the response to that petition shall be determined, during the
3025th year of the defendant’s sentence.

31(I) In addition to the criteria in subparagraph (F), the court may
32consider any other criteria that the court deems relevant to its
33decision, so long as the court identifies them on the record,
34provides a statement of reasons for adopting them, and states why
35the defendant does or does not satisfy the criteria.

36(J) This subdivision shall have retroactive application.

37(e) (1) Notwithstanding any other law and consistent with
38paragraph (1) of subdivision (a), if the secretary or the Board of
39Parole Hearings or both determine that a prisoner satisfies the
P57   1criteria set forth in paragraph (2), the secretary or the board may
2recommend to the court that the prisoner’s sentence be recalled.

3(2) The court shall have the discretion to resentence or recall if
4the court finds that the facts described in subparagraphs (A) and
5(B) or subparagraphs (B) and (C) exist:

6(A) The prisoner is terminally ill with an incurable condition
7caused by an illness or disease that would produce death within
8six months, as determined by a physician employed by the
9department.

10(B) The conditions under which the prisoner would be released
11or receive treatment do not pose a threat to public safety.

12(C) The prisoner is permanently medically incapacitated with
13a medical condition that renders him or her permanently unable
14to perform activities of basic daily living, and results in the prisoner
15requiring 24-hour total care, including, but not limited to, coma,
16persistent vegetative state, brain death, ventilator-dependency, loss
17of control of muscular or neurological function, and that
18incapacitation did not exist at the time of the original sentencing.

19The Board of Parole Hearings shall make findings pursuant to
20this subdivision before making a recommendation for resentence
21or recall to the court. This subdivision does not apply to a prisoner
22sentenced to death or a term of life without the possibility of parole.

23(3) Within 10 days of receipt of a positive recommendation by
24the secretary or the board, the court shall hold a hearing to consider
25whether the prisoner’s sentence should be recalled.

26(4) Any physician employed by the department who determines
27that a prisoner has six months or less to live shall notify the chief
28medical officer of the prognosis. If the chief medical officer
29concurs with the prognosis, he or she shall notify the warden.
30Within 48 hours of receiving notification, the warden or the
31warden’s representative shall notify the prisoner of the recall and
32resentencing procedures, and shall arrange for the prisoner to
33designate a family member or other outside agent to be notified
34as to the prisoner’s medical condition and prognosis, and as to the
35recall and resentencing procedures. If the inmate is deemed
36mentally unfit, the warden or the warden’s representative shall
37contact the inmate’s emergency contact and provide the information
38described in paragraph (2).

39(5) The warden or the warden’s representative shall provide the
40prisoner and his or her family member, agent, or emergency
P58   1contact, as described in paragraph (4), updated information
2throughout the recall and resentencing process with regard to the
3prisoner’s medical condition and the status of the prisoner’s recall
4and resentencing proceedings.

5(6) Notwithstanding any other provisions of this section, the
6prisoner or his or her family member or designee may
7independently request consideration for recall and resentencing
8by contacting the chief medical officer at the prison or the
9secretary. Upon receipt of the request, the chief medical officer
10and the warden or the warden’s representative shall follow the
11procedures described in paragraph (4). If the secretary determines
12that the prisoner satisfies the criteria set forth in paragraph (2), the
13secretary or board may recommend to the court that the prisoner’s
14sentence be recalled. The secretary shall submit a recommendation
15for release within 30 days in the case of inmates sentenced to
16determinate terms and, in the case of inmates sentenced to
17indeterminate terms, the secretary shall make a recommendation
18to the Board of Parole Hearings with respect to the inmates who
19have applied under this section. The board shall consider this
20information and make an independent judgment pursuant to
21paragraph (2) and make findings related thereto before rejecting
22the request or making a recommendation to the court. This action
23shall be taken at the next lawfully noticed board meeting.

24(7) Any recommendation for recall submitted to the court by
25the secretary or the Board of Parole Hearings shall include one or
26more medical evaluations, a postrelease plan, and findings pursuant
27to paragraph (2).

28(8) If possible, the matter shall be heard before the same judge
29of the court who sentenced the prisoner.

30(9) If the court grants the recall and resentencing application,
31the prisoner shall be released by the department within 48 hours
32of receipt of the court’s order, unless a longer time period is agreed
33to by the inmate. At the time of release, the warden or the warden’s
34representative shall ensure that the prisoner has each of the
35following in his or her possession: a discharge medical summary,
36full medical records, state identification, parole medications, and
37all property belonging to the prisoner. After discharge, any
38additional records shall be sent to the prisoner’s forwarding
39address.

P59   1(10) The secretary shall issue a directive to medical and
2correctional staff employed by the department that details the
3guidelines and procedures for initiating a recall and resentencing
4procedure. The directive shall clearly state that any prisoner who
5is given a prognosis of six months or less to live is eligible for
6recall and resentencing consideration, and that recall and
7resentencing procedures shall be initiated upon that prognosis.

8(f) Notwithstanding any other provision of this section, for
9purposes of paragraph (3) of subdivision (h), any allegation that
10a defendant is eligible for state prison due to a prior or current
11conviction, sentence enhancement, or because he or she is required
12to register as a sex offender shall not be subject to dismissal
13pursuant to Section 1385.

14(g) A sentence to state prison for a determinate term for which
15only one term is specified, is a sentence to state prison under this
16section.

17(h) (1) Except as provided in paragraph (3), a felony punishable
18pursuant to this subdivision where the term is not specified in the
19underlying offense shall be punishable by a term of imprisonment
20in a county jail for 16 months, or two or three years.

21(2) Except as provided in paragraph (3), a felony punishable
22pursuant to this subdivision shall be punishable by imprisonment
23in a county jail for the term described in the underlying offense.

24(3) Notwithstanding paragraphs (1) and (2), where the defendant
25(A) has a prior or current felony conviction for a serious felony
26described in subdivision (c) of Section 1192.7 or a prior or current
27conviction for a violent felony described in subdivision (c) of
28Section 667.5, (B) has a prior felony conviction in another
29jurisdiction for an offense that has all the elements of a serious
30felony described in subdivision (c) of Section 1192.7 or a violent
31felony described in subdivision (c) of Section 667.5, (C) is required
32to register as a sex offender pursuant to Chapter 5.5 (commencing
33with Section 290) of Title 9 of Part 1, or (D) is convicted of a crime
34and as part of the sentence an enhancement pursuant to Section
35186.11 is imposed, an executed sentence for a felony punishable
36pursuant to this subdivision shall be served in state prison.

37(4) Nothing in this subdivision shall be construed to prevent
38other dispositions authorized by law, including pretrial diversion,
39deferred entry of judgment, or an order granting probation pursuant
40to Section 1203.1.

P60   1(5) begin deleteThe end deletebegin insert(A)end insertbegin insertend insertbegin insertUnless the court finds, in the interest of justice, that
2it is not appropriate in a particular case, the end insert
court, when imposing
3a sentence pursuant to paragraph (1) or (2) of this subdivision,
4begin delete may commit the defendant to county jail as follows:end deletebegin insert shall suspend
5execution of a concluding portion of the term for a period selected
6at the court’s discretion.end insert

begin delete

7(A) For a full term in custody as determined in accordance with
8the applicable sentencing law.

end delete
begin delete

9(B) (i) For a term as determined in accordance with the
10applicable sentencing law, but suspend execution of a concluding
11portion of the term selected in the court’s discretion, during which
12time

end delete

13begin insert(B)end insertbegin insertend insertbegin insertThe portion of a defendant’s sentenced term that is
14suspended pursuant to this paragraph shall be known as mandatory
15supervision, and shall begin upon release from custody. During
16the period of mandatory supervision, end insert
the defendant shall be
17supervised by the county probation officer in accordance with the
18terms, conditions, and procedures generally applicable to persons
19placed on probation, for the remaining unserved portion of the
20sentence imposed by the court. The period of supervision shall be
21mandatory, and may not be earlier terminated except by court
22order. Any proceeding to revoke or modify mandatory supervision
23under this subparagraph shall be conducted pursuant to either
24subdivisions (a) and (b) of Section 1203.2 or Section 1203.3.
25During the period when the defendant is under such supervision,
26unless in actual custody related to the sentence imposed by the
27court, the defendant shall be entitled to only actual time credit
28against the term of imprisonment imposed by the court. Any time
29period which is suspended because a person has absconded shall
30not be credited toward the period of supervision.

begin delete

31(ii) The portion of a defendant’s sentenced term during which
32time he or she is supervised by the county probation officer
33pursuant to this subparagraph shall be known as mandatory
34supervision, and shall begin upon release from custody.

end delete

35(6) The sentencing changes made by the act that added this
36subdivision shall be applied prospectively to any person sentenced
37on or after October 1,begin delete 2011end deletebegin insert 2011, until December 31, 2014end insert.

begin insert

38(7) The sentencing changes made by the act that added this
39subdivision shall be applied prospectively to any person sentenced
40on or after January 1, 2015.

end insert

P61   1(i) This section shall become operative on January 1, 2017.

2begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 1170.06 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
3

begin insert1170.06.end insert  

(a) Notwithstanding any other law, a sheriff or a
4county director of corrections is authorized to offer a program
5under which inmates as specified in subdivision (c), who are not
6precluded by subdivision (d), and who have been committed to a
7county jail may be allowed to participate in a voluntary alternative
8custody program as defined in subdivision (b) in lieu of their
9confinement in a county jail. Under this program, one day of
10participation is in lieu of one day of incarceration in a county jail.
11Participants in the program shall receive any sentence reduction
12credits that they would have received had they served their sentence
13in a county jail, and are subject to denial and loss of credit
14pursuant to subdivision (d) of Section 4019. The sheriff or the
15county director of corrections may enter into contracts with county
16agencies, not-for-profit organizations, for-profit organizations,
17and others in order to promote alternative custody placements.

18(b) As used in this section, an alternative custody program shall
19include, but is not limited to, the following:

20(1) Confinement to a residential home during the hours
21designated by the sheriff or the county director of corrections.

22(2) Confinement to a residential drug or treatment program
23during the hours designated by the county sheriff or the county
24director of corrections.

25(3) Confinement to a transitional care facility that offers
26appropriate services.

27(4) Confinement to a mental health clinic or hospital that offers
28appropriate mental health services.

29(c) Except as provided by subdivision (d), inmates sentenced to
30a county jail for a determinate term of imprisonment pursuant to
31a misdemeanor or a felony pursuant to subdivision (h) of Section
321170, and only those persons, are eligible to participate in the
33alternative custody program authorized by this section.

34(d) An inmate committed to a county jail who meets any of the
35following criteria is not eligible to participate in the alternative
36custody program:

37(1) The person was screened by the sheriff or the county director
38of corrections using a validated risk assessment tool and
39determined to pose a high risk to commit a violent offense.

P62   1(2) The person has a history, within the last 10 years, of escape
2from a facility while under juvenile or adult custody, including,
3but not limited to, any detention facility, camp, jail, or state prison
4facility.

5(3) The person has a current or prior conviction for an offense
6that requires the person to register as a sex offender as provided
7in Chapter 5.5. (commencing with Section 290) of Title 9 of Part
81.

9(e) An alternative custody program may include the use of
10electronic monitoring, global positioning system devices, or other
11supervising devices for the purpose of helping to verify a
12participant’s compliance with the rules and regulations of the
13program. The devices shall not be used to eavesdrop or record
14any conversation, except a conversation between the participant
15and the person supervising the participant, in which case the
16recording of the conversation is to be used solely for the purposes
17of voice identification.

18(f) (1) In order to implement alternative custody for the
19population specified in subdivision (c), the sheriff or the county
20director of corrections shall create, and the participant shall agree
21to and fully participate in, an individualized treatment and
22rehabilitation plan. When available and appropriate for the
23individualized treatment and rehabilitation plan, the sheriff or the
24county director of corrections shall prioritize the use of
25evidence-based programs and services that will aid in the
26participant’s successful reentry into society while he or she takes
27part in alternative custody. Case management services shall be
28provided to support rehabilitation and to track the progress and
29individualized treatment plan compliance of the inmate.

30(2) For purposes of this section, “evidence-based practices”
31means supervision policies, procedures, programs, and practices
32demonstrated by scientific research to reduce recidivism among
33individuals under probation, parole, or postrelease community
34supervision.

35(g) The sheriff or the county director of corrections shall
36prescribe reasonable rules to govern the operation of the
37alternative custody program. Each participant shall be informed
38in writing that he or she is required to comply with the rules of
39the program, including, but not limited to, the following rules:

P63   1(1) The participant shall remain within the interior premises of
2his or her residence during the hours designated by the sheriff or
3his or her designee or the county director of corrections or his or
4her designee.

5(2) The participant shall be subject to search and seizure by a
6peace officer at any time of the day or night, with or without cause.
7In addition, the participant shall admit any peace officer designated
8by the sheriff or his or her designee or the county director of
9corrections or his or her designee into the participant’s residence
10at any time for purposes of verifying the participant’s compliance
11with the conditions of his or her detention. Prior to participation
12in the alternative custody program, each participant shall agree
13in writing to these terms and conditions.

14(3) The sheriff or his or her designee, or the county director of
15corrections or his or her designee, may immediately retake the
16participant into custody to serve the balance of his or her sentence
17if an electronic monitoring or supervising device is unable for any
18reason to properly perform its function at the designated place of
19detention, if the participant fails to remain within the place of
20detention as stipulated in the agreement, or if the participant for
21any other reason no longer meets the criteria under this section.

22(h) Whenever a peace officer supervising a participant has
23reasonable suspicion to believe that the participant is not
24complying with the rules or conditions of the program, or that a
25required electronic monitoring device is unable to function
26properly in the designated place of confinement, the peace officer
27may, under general or specific authorization of the sheriff or his
28or her designee, or the county director of corrections or his or her
29designee, and without a warrant of arrest, retake the participant
30into custody to complete the remainder of the original sentence.

31(i) This section shall not be construed to require a sheriff or his
32or her designee, or a county director of corrections or his or her
33designee, to allow an inmate to participate in this program if it
34appears from the record that the inmate has not satisfactorily
35complied with reasonable rules and regulations while in custody.
36An inmate shall be eligible for participation in an alternative
37custody program only if the sheriff or his or her designee or the
38county director of corrections or his or her designee concludes
39that the inmate meets the criteria for program participation
40established under this section and that the inmate’s participation
P64   1is consistent with any reasonable rules prescribed by the sheriff
2or the county director of corrections.

3(1) The rules and administrative policies of the program shall
4be written and shall be given or made available to each participant
5upon assignment to the alternative custody program.

6(2) The sheriff or his or her designee or the county director of
7corrections or his or her designee shall have the sole discretion
8concerning whether to permit program participation as an
9alternative to custody in a county jail. A risk and needs assessment
10shall be completed on each inmate to assist in the determination
11of eligibility for participation and the type of alternative custody.

12(j) (1) The sheriff or his or her designee or the county director
13of corrections or his or her designee shall permit program
14participants to seek and retain employment in the community,
15attend psychological counseling sessions or educational or
16vocational training classes, participate in life skills or parenting
17training, utilize substance abuse treatment services, or seek
18medical, mental health, and dental assistance based upon the
19participant’s individualized treatment and release plan.
20Participation in other rehabilitative services and programs may
21be approved by the case manager if it is specified as a requirement
22of the inmate’s individualized treatment and rehabilitative case
23plan.

24(2) Willful failure of the program participant to return to the
25place of detention prior to the expiration of any period of time
26during which he or she is authorized to be away from the place of
27detention, unauthorized departures from the place of detention,
28or tampering with or disabling, or attempting to tamper with or
29disable, an electronic monitoring device is punishable pursuant
30to Section 4532 and shall additionally subject the participant to
31a return to custody pursuant to subdivisions (g) and (h). In
32addition, participants may be subject to forfeiture of credits
33pursuant to the provisions of Section 4019, or to discipline for
34violation of rules established by the sheriff or the county director
35of corrections.

36(k) (1) Notwithstanding any other law, the sheriff or his or her
37designee or the county director of corrections or his or her
38designee shall provide the information specified in paragraph (2)
39regarding participants in an alternative custody program to the
P65   1law enforcement agencies of the jurisdiction in which persons
2participating in an alternative custody program reside.

3(2) The information required by paragraph (1) shall consist of
4the following:

5(A) The participant’s name, address, and date of birth.

6(B) The offense committed by the participant.

7(C) The period of time the participant will be subject to an
8alternative custody program.

9(3) The information received by a law enforcement agency
10pursuant to this subdivision may be used for the purpose of
11monitoring the impact of an alternative custody program on the
12community.

13(l) It is the intent of the Legislature that the alternative custody
14programs established under this section maintain the highest public
15confidence, credibility, and public safety. In the furtherance of
16these standards, the sheriff or the county director of corrections
17may administer an alternative custody program pursuant to written
18contracts with appropriate public agencies or entities to provide
19specified program services. No public agency or entity entering
20into a contract may itself employ any person who is in an
21alternative custody program. The sheriff or the county director of
22corrections shall determine the recidivism rate of each participant
23in an alternative custody program.

24(m) An inmate participating in this program shall voluntarily
25agree to all of the provisions of the program in writing, including
26that he or she may be returned to confinement at any time with or
27without cause, and shall not be charged fees or costs for the
28program.

29(n) If a phrase, clause, sentence, or provision of this section or
30application thereof to a person or circumstance is held invalid,
31that invalidity shall not affect any other phrase, clause, sentence,
32or provision or application of this section, which can be given
33effect without the invalid phrase, clause, sentence, or provision or
34application and to this end the provisions of this section are
35declared to be severable.

end insert
36begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 1170.3 of the end insertbegin insertPenal Codeend insertbegin insert, as amended by
37Section 9 of Chapter 508 of the Statutes of 2013, is amended to
38read:end insert

39

1170.3.  

The Judicial Council shall seek to promote uniformity
40in sentencing under Section 1170 by:

P66   1(a) The adoption of rules providing criteria for the consideration
2of the trial judge at the time of sentencing regarding the court’s
3decision to:

4(1) Grant or deny probation.

5(2) Impose the lower, middle, or upper prison term.

6(3) Impose concurrent or consecutive sentences.

7(4) Determine whether or not to impose an enhancement where
8that determination is permitted by law.

begin insert

9(5) Deny a period of mandatory supervision in the interests of
10justice under paragraph (5) of subdivision (h) of Section 1170 or
11determine the appropriate period and conditions of mandatory
12supervision. The rules implementing this paragraph shall be
13adopted no later than January 1, 2015.

end insert

14(b) The adoption of rules standardizing the minimum content
15and the sequential presentation of material in probation officer
16reports submitted to thebegin delete court.end deletebegin insert court regarding probation and
17mandatory supervision under paragraph (5) of subdivision (h) of
18Section 1170.end insert

19(c) This section shall remain in effect only until January 1, 2017,
20and as of that date is repealed, unless a later enacted statute, that
21is enacted before January 1, 2017, deletes or extends that date.

22begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 1170.3 of the end insertbegin insertPenal Codeend insertbegin insert, as amended by
23Section 10 of Chapter 508 of the Statutes of 2013, is amended to
24read:end insert

25

1170.3.  

The Judicial Council shall seek to promote uniformity
26in sentencing under Section 1170 by:

27(a) The adoption of rules providing criteria for the consideration
28of the trial judge at the time of sentencing regarding the court’s
29decision to:

30(1) Grant or deny probation.

31(2) Impose the lower or upper prison term.

32(3) Impose concurrent or consecutive sentences.

33(4) Determine whether or not to impose an enhancement where
34that determination is permitted by law.

begin insert

35(5) Deny a period of mandatory supervision in the interests of
36justice under paragraph (5) of subdivision (h) of Section 1170 or
37determine the appropriate period and conditions of mandatory
38supervision. The rules implementing this paragraph shall be
39adopted no later than January 1, 2015.

end insert

P67   1(b) The adoption of rules standardizing the minimum content
2and the sequential presentation of material in probation officer
3reports submitted to thebegin delete court.end deletebegin insert court regarding probation and
4mandatory supervision under paragraph (5) of subdivision (h) of
5Section 1170.end insert

6(c) This section shall become operative on January 1, 2017.

7begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 1233.10 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
8

begin insert1233.10.end insert  

(a) Upon agreement to accept funding from the
9Recidivism Reduction Fund, created in Section 1233.9, a county
10board of supervisors, in collaboration with the county’s Community
11Corrections Partnership, shall develop, administer, and collect
12and submit data to the Board of State and Community Corrections
13regarding a competitive grant program intended to fund community
14recidivism and crime reduction services, including, but not limited
15to, delinquency prevention, homelessness prevention, and reentry
16services. The funding shall be allocated to counties by the State
17Controller’s Office from Item 5227-101-3259 of Section 2.00 of
18the Budget Act of 2014-15 according to the following schedule:


19

 

begin insertAlamedaend insertbegin insert$250,000end insert
begin insertAlpineend insertbegin insert$10,000end insert
begin insertAmadorend insertbegin insert$10,000end insert
begin insertButteend insertbegin insert$50,000end insert
begin insertCalaverasend insertbegin insert$10,000end insert
begin insertColusaend insertbegin insert$10,000end insert
begin insertContra Costaend insertbegin insert$250,000end insert
begin insertDel Norteend insertbegin insert$10,000end insert
begin insertEl Doradoend insertbegin insert$50,000end insert
begin insertFresnoend insertbegin insert$250,000end insert
begin insertGlennend insertbegin insert$10,000end insert
begin insertHumboldtend insertbegin insert$50,000end insert
begin insertImperialend insertbegin insert$50,000end insert
begin insertInyoend insertbegin insert$10,000end insert
begin insertKernend insertbegin insert$250,000end insert
begin insertKingsend insertbegin insert$50,000end insert
begin insertLakeend insertbegin insert$25,000end insert
begin insertLassenend insertbegin insert$10,000end insert
begin insertLos Angelesend insertbegin insert$1,600,000end insert
begin insertMaderaend insertbegin insert$50,000end insert
begin insertMarinend insertbegin insert$50,000end insert
begin insertMariposaend insertbegin insert$10,000end insert
begin insertMendocinoend insertbegin insert$25,000end insert
begin insertMercedend insertbegin insert$50,000end insert
begin insertModocend insertbegin insert$10,000end insert
begin insertMonoend insertbegin insert$10,000end insert
begin insertMontereyend insertbegin insert$100,000end insert
begin insertNapaend insertbegin insert$50,000end insert
begin insertNevadaend insertbegin insert$25,000end insert
begin insertOrangeend insertbegin insert$500,000end insert
begin insertPlacerend insertbegin insert$50,000end insert
begin insertPlumasend insertbegin insert$10,000end insert
begin insertRiversideend insertbegin insert$500,000end insert
begin insertSacramentoend insertbegin insert$250,000end insert
begin insertSan Benitoend insertbegin insert$25,000end insert
begin insertSan Bernadinoend insertbegin insert$500,000end insert
begin insertSan Diegoend insertbegin insert$500,000end insert
begin insertSan Franciscoend insertbegin insert$250,000end insert
begin insertSan Joaquinend insertbegin insert$250,000end insert
begin insertSan Luis Obispoend insertbegin insert$50,000end insert
begin insertSan Mateoend insertbegin insert$250,000end insert
begin insertSanta Barbaraend insertbegin insert$100,000end insert
begin insertSanta Claraend insertbegin insert$500,000end insert
begin insertSanta Cruzend insertbegin insert$50,000end insert
begin insertShastaend insertbegin insert$50,000end insert
begin insertSierraend insertbegin insert$10,000end insert
begin insertSiskiyouend insertbegin insert$10,000end insert
begin insertSolanoend insertbegin insert$100,000end insert
begin insertSonomaend insertbegin insert$100,000end insert
begin insertStanislausend insertbegin insert$100,000end insert
begin insertSutterend insertbegin insert$25,000end insert
begin insertTehamaend insertbegin insert$25,000end insert
begin insertTrinityend insertbegin insert$10,000end insert
begin insertTulareend insertbegin insert$100,000end insert
begin insertTuolumneend insertbegin insert$25,000end insert
begin insertVenturaend insertbegin insert$250,000end insert
begin insertYoloend insertbegin insert$50,000end insert
begin insertYubaend insertbegin insert$25,000end insert
P68  38

 

39(b) For purposes of this section, “community recidivism and
40crime reduction service provider” means a nongovernmental entity
P69   1or a consortium or coalition of nongovernmental entities, that
2provides community recidivism and crime reduction services, as
3described in paragraph (2) of subdivision (c), to persons who have
4been released from the state prison, a county jail, a juvenile
5detention facility, who are under the supervision of a parole or
6probation department, or any other person at risk of becoming
7involved in criminal activities.

8(c) (1) A community recidivism and crime reduction service
9provider shall have a demonstrated history of providing services,
10as described in paragraph (2), to the target population during the
11five years immediately prior to the application for a grant awarded
12pursuant to this section.

13(2) A community recidivism and crime reduction service
14provider shall provide services that are designed to enable persons
15to whom the services are provided to refrain from engaging in
16crime, reconnect with their family members, and contribute to
17their communities. Community recidivism and crime reduction
18services may include all of the following:

19(A) Self-help groups.

20(B) Individual or group assistance with basic life skills.

21(C) Mentoring programs.

22(D) Academic and educational services, including, but not
23limited to, services to enable the recipient to earn his or her high
24school diploma.

25(E) Job training skills and employment.

26(F) Truancy prevention programs.

27(G) Literacy programs.

28(H) Any other service that advances community recidivism and
29crime reduction efforts, as identified by the county board of
30supervisors and the Community Corrections Partnership.

31(I) Individual or group assistance with referrals for any of the
32following:

33(i) Mental and physical health assessments.

34(ii) Counseling services.

35(iii) Education and vocational programs.

36(iv) Employment opportunities.

37(v) Alcohol and drug treatment.

38(vi) Health, wellness, fitness, and nutrition programs and
39services.

P70   1(vii) Personal finance and consumer skills programs and
2services.

3(viii) Other personal growth and development programs to
4reduce recidivism.

5(ix) Housing assistance.

6(d) Pursuant to this section and upon agreement to accept
7funding from the Recidivism Reduction Fund, the board of
8supervisors, in collaboration with the county’s Community
9Corrections Partnership, shall grant funds allocated to the county,
10as described in subdivision (a), to community recidivism and crime
11reduction service providers based on the needs of their community.

12(e) (1) The amount awarded to each community recidivism and
13crime reduction service provider by a county shall be based on
14the population of the county, as projected by the Department of
15Finance, and shall not exceed the following:

16(A) One hundred thousand dollars ($100,000) in a county with
17a population of over 4,000,000 people.

18(B) Fifty thousand dollars ($50,000) in a county with a
19population of 700,000 or more people but less than 4,000,000
20people.

21(C) Twenty five thousand dollars ($25,000) in a county with a
22population of 400,000 or more people but less than 700,000 people.

23(D) Ten thousand dollars ($10,000) in a county with a
24population of less than 400,000 people.

25(2) The total amount of grants awarded to a single community
26 recidivism and crime reduction service provider by all counties
27pursuant to this section shall not exceed one hundred thousand
28dollars ($100,000).

29(f) The board of supervisors, in collaboration with the county’s
30Community Corrections Partnership, shall establish minimum
31requirements, funding criteria, and procedures for the counties to
32award grants consistent with the criteria established in this section.

33(g) A community recidivism and crime reduction service
34provider that receives a grant under this section shall report to
35the county board of supervisors or the Community Corrections
36Partnership on the number of individuals served and the types of
37services provided, consistent with paragraph (2) of subdivision
38(c). The board of supervisors or the Community Corrections
39Partnership shall report to the Board of State and Community
P71   1Corrections any information received under this subdivision from
2grant recipients.

3(h) Of the total amount granted to a county, up to 5 percent may
4be withheld by the board of supervisors or the Community
5Corrections Partnership for the payment of administrative costs.

6(i) Any funds allocated to a county under this section shall be
7available for expenditure for a period of four years and any
8unexpended funds shall revert to the state General Fund at the
9end of the four-year period. Any funds not encumbered with a
10community recidivism and crime reduction service provider one
11year after allocation of grant funds to counties shall immediately
12revert to the state General Fund.

end insert
13begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 1233.15 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
14read:end insert

15

1233.15.  

The Director of Finance, in consultation with the
16Administrative Office of the Courts, the Department of Corrections
17and Rehabilitation, and the Chief Probation Officers of California,
18shall develop a revised formula for the California Community
19Corrections Performance Incentives Act of 2009 that takes into
20consideration the significant changes to the eligibility of some
21felony probationers for revocation to the state prison resulting from
22the implementation of the 2011 Public Safety realignment, and
23may also take into consideration the data calculated pursuant to
24subdivisions (f) to (i), inclusive, of Section 1233.1. The revised
25formula may include adjustments to the baseline failure rate for
26each county.begin insert It is the intent of the Legislature that, commencing
27with the 2015-16 fiscal year, probation departments receive
28performance incentive funding pursuant to, and consistent with,
29this chapter for their success at reducing postrelease community
30supervision failure to prison rates and mandatory supervision
31failure to prison rates.end insert

32begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 1233.6 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

33

1233.6.  

(a) Probation failure reduction incentive payments
34and high performance grants calculated for any calendar year shall
35be provided to counties in the following fiscal year. The total
36annual payment to each county shall be divided into four equal
37quarterly payments.

38(b) The Department of Finance shall include an estimate of the
39total probation failure reduction incentive payments and high
40performance grants to be provided to counties in the coming fiscal
P72   1year as part of the Governor’s proposed budget released no later
2than January 10 of each year. This estimate shall be adjusted by
3the Department of Finance, as necessary, to reflect the actual
4calculations of probation failure reduction incentive payments and
5high performance grants completed by the Director of Finance, in
6consultation with the Department of Corrections and Rehabilitation,
7the Joint Legislative Budget Committee, the Chief Probation
8Officers of California, and the Administrative Office of the Courts.
9This adjustment shall occur as part of standard budget revision
10processes completed by the Department of Finance in April and
11May of each year.

12(c) There is hereby established, in the State Treasury, the State
13Community Corrections Performance Incentives Fund, which is
14continuously appropriated. Moneys appropriated for purposes of
15providing probation failure reduction incentive payments and high
16performance grants authorized in Sections 1230 to 1233.6,
17inclusive, shall be transferred into this fund from the General Fund.
18Any moneys transferred into this fund from the General Fund shall
19be administered by the Administrative Office of the Courts and
20the share calculated for each county probation department shall
21be transferred to its Community Corrections Performance
22Incentives Fund authorized in Section 1230.

23(d) For each fiscal year, the Director of Finance shall determine
24the total amount of the State Community Corrections Performance
25Incentives Fund and the amount to be allocated to each county,
26pursuant to this section and Sections 1230 to 1233.5, inclusive,
27and shall report those amounts to the Controller. The Controller
28shall make an allocation from the State Community Corrections
29Performance Incentives Fund authorized in subdivision (c) to each
30county in accordance with the amounts provided.

31(e)  begin deleteThe end delete begin insertNotwithstanding Section 13340 of the Government Code,
32commencing July 1, 2014, and each fiscal year thereafter, the end insert

33amount of one million dollars ($1,000,000) is herebybegin insert continuouslyend insert
34 appropriated from the State Community Corrections Performance
35begin delete Incentiveend deletebegin insert Incentivesend insert Fund to thebegin delete judicial branchend deletebegin insert Administrative
36Office of the Courtsend insert
for the costs of implementing and
37administering this program, pursuant to subdivision (c), and the
382011 realignment legislation addressing public safety.begin delete These funds
39shall be available for encumbrance and expenditure until June 30,
402014.end delete

P73   1begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 1233.61 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
2read:end insert

3

1233.61.  

Notwithstanding any other law, any moneys remaining
4in the State Community Corrections Performance Incentives Fund,
5after the calculation and award determination of each county’s tier
6payments or high performance grant payments pursuant to Sections
71233.3 and 1233.4, shall be distributed to county probation
8departments as follows:

9(a) The Department of Finance shall increase the award amount
10for any county whose tier payment or high performance grant
11payment, as calculated pursuant to Sections 1233.3 and 1233.4,
12totals less than two hundred thousand dollars ($200,000) to no
13more than two hundred thousand dollars ($200,000).

14(b) The Department of Finance shall adjust the award amount
15for any county that has a probation failure rate, as defined in
16subdivision (c) of Section 1233.1, that is below the statewide
17average, as defined in subdivision (b) of Section 1233.1, so that
18these counties receive no less than two hundred thousand dollars
19($200,000).

20(c) The Department of Finance shall evenly distribute any
21remainingbegin delete fundsend deletebegin insert funds, up to two hundred thousand dollars
22($200,000) per county,end insert
to those counties that did not receive a tier
23payment or a high performance grant payment, as calculated
24pursuant to Sections 1233.3 and 1233.4.

begin insert

25(d) The distribution of any funds remaining after the distribution
26made pursuant to subdivision (c) shall be determined by the
27Department of Finance. The distribution may give preference to
28high performing counties that did not receive funding pursuant to
29Section 1233.4.

end insert
begin delete

30(d)

end delete

31begin insert(e)end insert At no time shall an award provided to a county through
32subdivision (c) exceed the amount of a grant award provided to
33counties that are eligible to receive increased award amounts
34pursuant to subdivision (a) or (b).

begin delete

35(e)

end delete

36begin insert(f)end insert Any county receiving funding through subdivision (c) shall
37submit a report to the Administrative Office of the Courts and the
38Chief Probation Officers of California describing how it plans on
39using the funds to enhance its ability to be successful under this
40act. Commencing January 1, 2014, a county that fails to submit
P74   1this report by March 1 annually shall not receive funding pursuant
2to subdivision (c) in the subsequent fiscal year.

begin delete

3(f)

end delete

4begin insert(g)end insert A county that fails to provide the information specified in
5Section 1231 to the Administrative Office of the Courts shall not
6be eligible for payment pursuant to this section.

7begin insert

begin insertSEC. 25.end insert  

end insert

begin insertSection 1370 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

8

1370.  

(a) (1) (A) If the defendant is found mentally
9competent, the criminal process shall resume, the trial on the
10offense charged shall proceed, and judgment may be pronounced.

11(B) If the defendant is found mentally incompetent, the trial or
12judgment shall be suspended until the person becomes mentally
13competent.

14(i) In the meantime, the court shall order that the mentally
15incompetent defendant be delivered by the sheriff to a state hospital
16for the care and treatment of the mentally disordered,begin insert as directed
17by the State Department of State Hospitals,end insert
or to any other available
18public or private treatment facility, including a local county jail
19treatment facilitybegin insert or the community-based residential treatment
20system established pursuant to Article 1 (commencing with Section
215670) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and
22Institutions Code if the facility has a secured perimeter or a locked
23and controlled treatment facilityend insert
, approved by the community
24program director that will promote the defendant’s speedy
25restoration to mental competence, or placed on outpatient status
26as specified in Section 1600.

27(ii) However, if the action against the defendant who has been
28found mentally incompetent is on a complaint charging a felony
29offense specified in Section 290, the prosecutor shall determine
30whether the defendant previously has been found mentally
31incompetent to stand trial pursuant to this chapter on a charge of
32a Section 290 offense, or whether the defendant is currently the
33subject of a pending Section 1368 proceeding arising out of a
34charge of a Section 290 offense. If either determination is made,
35the prosecutor shall so notify the court and defendant in writing.
36After this notification, and opportunity for hearing, the court shall
37order that the defendant be delivered by the sheriff to a state
38begin delete hospitalend deletebegin insert hospital, as directed by the State Department of State
39Hospitals,end insert
or other secure treatment facility for the care and
40treatment of the mentally disordered unless the court makes specific
P75   1findings on the record that an alternative placement would provide
2more appropriate treatment for the defendant and would not pose
3a danger to the health and safety of others.

4(iii) If the action against the defendant who has been found
5mentally incompetent is on a complaint charging a felony offense
6specified in Section 290 and the defendant has been denied bail
7pursuant to subdivision (b) of Section 12 of Article I of the
8California Constitution because the court has found, based upon
9clear and convincing evidence, a substantial likelihood that the
10person’s release would result in great bodily harm to others, the
11court shall order that the defendant be delivered by the sheriff to
12a state hospital for the care and treatment of the mentallybegin delete disorderedend delete
13begin insert disordered, as directed by the State Department of State Hospitals,end insert
14 unless the court makes specific findings on the record that an
15alternative placement would provide more appropriate treatment
16for the defendant and would not pose a danger to the health and
17safety of others.

18(iv) The clerk of the court shall notify the Department of Justice
19in writing of any finding of mental incompetence with respect to
20a defendant who is subject to clause (ii) or (iii) for inclusion in his
21or her state summary criminal history information.

22(C) Upon the filing of a certificate of restoration to competence,
23the court shall order that the defendant be returned to court in
24accordance with Section 1372. The court shall transmit a copy of
25its order to the community program director or a designee.

26(D) A defendant charged with a violent felony may not be
27delivered to a state hospital or treatment facility pursuant to this
28subdivision unless the state hospital or treatment facility has a
29secured perimeter or a locked and controlled treatment facility,
30and the judge determines that the public safety will be protected.

31(E) For purposes of this paragraph, “violent felony” means an
32offense specified in subdivision (c) of Section 667.5.

33(F) A defendant charged with a violent felony may be placed
34on outpatient status, as specified in Section 1600, only if the court
35finds that the placement will not pose a danger to the health or
36safety of others. If the court places a defendant charged with a
37violent felony on outpatient status, as specified in Section 1600,
38the court must serve copies of the placement order on defense
39counsel, the sheriff in the county where the defendant will be
P76   1placed and the district attorney for the county in which the violent
2felony charges are pending against the defendant.

3(2) Prior to making the order directing that the defendant be
4begin delete confined in a state hospitalend deletebegin insert committed to the State Department of
5State Hospitalsend insert
or other treatment facility or placed on outpatient
6status, the court shall proceed as follows:

7(A) The court shall order the community program director or a
8designee to evaluate the defendant and to submit to the court within
915 judicial days of the order a written recommendation as to
10whether the defendant should be required to undergo outpatient
11treatment, or committed tobegin delete a state hospitalend deletebegin insert the State Department
12of State Hospitalsend insert
or to any other treatment facility. No person
13shall be admitted to a state hospital or other treatment facility or
14placed on outpatient status under this section without having been
15evaluated by the community program director or a designee. The
16community program director or designee shall evaluate the
17appropriate placement for the defendant betweenbegin delete a state hospital
18orend delete
begin insert the State Department of State Hospitals,end insert a local county jail
19treatment facilitybegin insert, or the community-based residential treatment
20systemend insert
based upon guidelines provided by the State Department
21of State Hospitals. If a local county jail treatment facility is
22selected, the State Department of State Hospitals shall provide
23treatment at the county jail treatment facility and reimburse the
24county jail treatment facility for the reasonable costs of the bed
25during the treatment.begin insert If the community-based residential treatment
26system is selected, the State Department of State Hospitals shall
27provide reimbursement to the community-based residential
28treatment system for the cost of treatment as negotiated with the
29State Department of State Hospitals.end insert
The six-month limitation in
30Section 1369.1 shall not apply to individuals deemed incompetent
31to stand trial who are being treated to restore competency within
32a county jail treatment facility pursuant to this section.

33(B) The court shall hear and determine whether the defendant
34lacks capacity to make decisions regarding the administration of
35antipsychotic medication, and shall proceed as follows:

36(i) The court shall hear and determine whether any of the
37following is true:

38(I) The defendant lacks capacity to make decisions regarding
39antipsychotic medication, the defendant’s mental disorder requires
40medical treatment with antipsychotic medication, and, if the
P77   1defendant’s mental disorder is not treated with antipsychotic
2medication, it is probable that serious harm to the physical or
3mental health of the patient will result. Probability of serious harm
4to the physical or mental health of the defendant requires evidence
5that the defendant is presently suffering adverse effects to his or
6her physical or mental health, or the defendant has previously
7suffered these effects as a result of a mental disorder and his or
8her condition is substantially deteriorating. The fact that a
9defendant has a diagnosis of a mental disorder does not alone
10establish probability of serious harm to the physical or mental
11health of the defendant.

12(II) The defendant is a danger to others, in that the defendant
13has inflicted, attempted to inflict, or made a serious threat of
14inflicting substantial physical harm on another while in custody,
15or the defendant had inflicted, attempted to inflict, or made a
16serious threat of inflicting substantial physical harm on another
17that resulted in his or her being taken into custody, and the
18defendant presents, as a result of mental disorder or mental defect,
19a demonstrated danger of inflicting substantial physical harm on
20others. Demonstrated danger may be based on an assessment of
21the defendant’s present mental condition, including a consideration
22of past behavior of the defendant within six years prior to the time
23the defendant last attempted to inflict, inflicted, or threatened to
24inflict substantial physical harm on another, and other relevant
25evidence.

26(III) The people have charged the defendant with a serious crime
27against the person or property, involuntary administration of
28antipsychotic medication is substantially likely to render the
29defendant competent to stand trial, the medication is unlikely to
30have side effects that interfere with the defendant’s ability to
31understand the nature of the criminal proceedings or to assist
32counsel in the conduct of a defense in a reasonable manner, less
33intrusive treatments are unlikely to have substantially the same
34results, and antipsychotic medication is in the patient’s best medical
35interest in light of his or her medical condition.

36(ii) If the court finds any of the conditions described in clause
37(i) to be true, the court shall issue an order authorizing the treatment
38facility to involuntarily administer antipsychotic medication to the
39defendant when and as prescribed by the defendant’s treating
40psychiatrist. The court shall not order involuntary administration
P78   1of psychotropic medication under subclause (III) of clause (i)
2unless the court has first found that the defendant does not meet
3the criteria for involuntary administration of psychotropic
4medication under subclause (I) of clause (i) and does not meet the
5criteria under subclause (II) of clause (i).

6(iii) In all cases, the treating hospital, facility, or program may
7administer medically appropriate antipsychotic medication
8prescribed by a psychiatrist in an emergency as described in
9subdivision (m) of Section 5008 of the Welfare and Institutions
10Code.

11(iv) If the court has determined that the defendant has the
12capacity to make decisions regarding antipsychotic medication,
13and if the defendant, with advice of his or her counsel, consents,
14the court order of commitment shall include confirmation that
15antipsychotic medication may be given to the defendant as
16prescribed by a treating psychiatrist pursuant to the defendant’s
17consent. The commitment order shall also indicate that, if the
18defendant withdraws consent for antipsychotic medication, after
19the treating psychiatrist complies with the provisions of
20subparagraph (C), the defendant shall be returned to court for a
21hearing in accordance with subparagraphs (C) and (D) regarding
22whether antipsychotic medication shall be administered
23involuntarily.

24(v) If the court has determined that the defendant has the
25capacity to make decisions regarding antipsychotic medication
26and if the defendant, with advice from his or her counsel, does not
27consent, the court order for commitment shall indicate that, after
28the treating psychiatrist complies with the provisions of
29subparagraph (C), the defendant shall be returned to court for a
30hearing in accordance with subparagraphs (C) and (D) regarding
31whether antipsychotic medication shall be administered
32involuntarily.

33(vi) Any report made pursuant to paragraph (1) of subdivision
34(b) shall include a description of any antipsychotic medication
35administered to the defendant and its effects and side effects,
36including effects on the defendant’s appearance or behavior that
37would affect the defendant’s ability to understand the nature of
38the criminal proceedings or to assist counsel in the conduct of a
39defense in a reasonable manner. During the time the defendant is
40confined in a state hospital or other treatment facility or placed on
P79   1outpatient status, either the defendant or the people may request
2that the court review any order made pursuant to this subdivision.
3The defendant, to the same extent enjoyed by other patients in the
4state hospital or other treatment facility, shall have the right to
5contact the patients’ rights advocate regarding his or her rights
6under this section.

7(C) If the defendant consented to antipsychotic medication as
8described in clause (iv) of subparagraph (B), but subsequently
9withdraws his or her consent, or, if involuntary antipsychotic
10medication was not ordered pursuant to clause (v) of subparagraph
11(B), and the treating psychiatrist determines that antipsychotic
12medication has become medically necessary and appropriate, the
13treating psychiatrist shall make efforts to obtain informed consent
14from the defendant for antipsychotic medication. If informed
15consent is not obtained from the defendant, and the treating
16psychiatrist is of the opinion that the defendant lacks capacity to
17make decisions regarding antipsychotic medication based on the
18conditions described in subclause (I) or (II) of clause (i) of
19subparagraph (B), the treating psychiatrist shall certify whether
20the lack of capacity and any applicable conditions described above
21exist. That certification shall contain an assessment of the current
22mental status of the defendant and the opinion of the treating
23psychiatrist that involuntary antipsychotic medication has become
24medically necessary and appropriate.

25(D) (i) If the treating psychiatrist certifies that antipsychotic
26medication has become medically necessary and appropriate
27pursuant to subparagraph (C), antipsychotic medication may be
28administered to the defendant for not more than 21 days, provided,
29however, that, within 72 hours of the certification, the defendant
30is provided a medication review hearing before an administrative
31law judge to be conducted at the facility where the defendant is
32receiving treatment. The treating psychiatrist shall present the case
33for the certification for involuntary treatment and the defendant
34shall be represented by an attorney or a patients’ rights advocate.
35The attorney or patients’ rights advocate shall be appointed to meet
36with the defendant no later than one day prior to the medication
37review hearing to review the defendant’s rights at the medication
38review hearing, discuss the process, answer questions or concerns
39regarding involuntary medication or the hearing, assist the
40defendant in preparing for the hearing and advocating for his or
P80   1her interests at the hearing, review the panel’s final determination
2following the hearing, advise the defendant of his or her right to
3judicial review of the panel’s decision, and provide the defendant
4with referral information for legal advice on the subject. The
5defendant shall also have the following rights with respect to the
6medication review hearing:

7(I) To being given timely access to the defendant’s records.

8(II)  To be present at the hearing, unless the defendant waives
9that right.

10(III) To present evidence at the hearing.

11(IV) To question persons presenting evidence supporting
12involuntary medication.

13(V) To make reasonable requests for attendance of witnesses
14on the defendant’s behalf.

15(VI) To a hearing conducted in an impartial and informal
16manner.

17(ii) If the administrative law judge determines that the defendant
18either meets the criteria specified in subclause (I) of clause (i) of
19subparagraph (B), or meets the criteria specified in subclause (II)
20of clause (i) of subparagraph (B), then antipsychotic medication
21may continue to be administered to the defendant for the 21-day
22certification period. Concurrently with the treating psychiatrist’s
23certification, the treating psychiatrist shall file a copy of the
24certification and a petition with the court for issuance of an order
25to administer antipsychotic medication beyond the 21-day
26certification period. For purposes of this subparagraph, the treating
27psychiatrist shall not be required to pay or deposit any fee for the
28filing of the petition or other document or paper related to the
29petition.

30(iii) If the administrative law judge disagrees with the
31certification, medication may not be administered involuntarily
32until the court determines that antipsychotic medication should be
33administered pursuant to this section.

34(iv) The court shall provide notice to the prosecuting attorney
35and to the attorney representing the defendant, and shall hold a
36hearing, no later than 18 days from the date of the certification, to
37determine whether antipsychotic medication should be ordered
38beyond the certification period.

39(v) If, as a result of the hearing, the court determines that
40antipsychotic medication should be administered beyond the
P81   1certification period, the court shall issue an order authorizing the
2administration of that medication.

3(vi) The court shall render its decision on the petition and issue
4its order no later than three calendar days after the hearing and, in
5any event, no later than the expiration of the 21-day certification
6period.

7(3) When the court orders that the defendant bebegin delete confined in a
8state hospitalend delete
begin insert committed to the State Department of State Hospitalsend insert
9 or other public or private treatment facility, the court shall provide
10copies of the following documentsbegin delete which shall be taken withend deletebegin insert prior
11to the admission ofend insert
the defendant to thebegin delete state hospitalend deletebegin insert State
12Department of State Hospitalsend insert
or other treatment facility where
13the defendant is to bebegin delete confined:end deletebegin insert committed:end insert

14(A) The commitment order, including a specification of the
15charges.

16(B) A computation or statement setting forth the maximum term
17of commitment in accordance with subdivision (c).

18(C) A computation or statement setting forth the amount of
19credit for time served, if any, to be deducted from the maximum
20term of commitment.

21(D) State summary criminal history information.

22(E) Any arrest reports prepared by the police department or
23other law enforcement agency.

24(F) Any court-ordered psychiatric examination or evaluation
25reports.

26(G) The community program director’s placement
27recommendation report.

28(H) Records of any finding of mental incompetence pursuant
29to this chapter arising out of a complaint charging a felony offense
30specified in Section 290 or any pending Section 1368 proceeding
31arising out of a charge of a Section 290 offense.

begin insert

32(I) Any medical records.

end insert

33(4) When the defendant is committed to a treatment facility
34pursuant to clause (i) of subparagraph (B) of paragraph (1) or the
35court makes the findings specified in clause (ii) or (iii) of
36subparagraph (B) of paragraph (1) to assign the defendant to a
37treatment facility other than a state hospital or other secure
38treatment facility, the court shall order that notice be given to the
39appropriate law enforcement agency or agencies having local
40jurisdiction at the site of the placement facility of any finding of
P82   1mental incompetence pursuant to this chapter arising out of a
2charge of a Section 290 offense.

3(5) When directing that the defendant be confined in a state
4hospital pursuant to this subdivision, the court shallbegin delete select the
5hospital in accordance with the policies established byend delete
begin insert commit the
6patient toend insert
the State Department of State Hospitals.

7(6) (A) If the defendant is committed or transferred tobegin delete a state
8hospitalend delete
begin insert the State Department of State Hospitalsend insert pursuant to this
9section, the court may, upon receiving the written recommendation
10of the medical director of the state hospital and the community
11program director that the defendant be transferred to a public or
12private treatment facility approved by the community program
13director, order the defendant transferred to that facility. If the
14defendant is committed or transferred to a public or private
15treatment facility approved by the community program director,
16the court may, upon receiving the written recommendation of the
17community program director, transfer the defendant tobegin delete a state
18hospitalend delete
begin insert the State Department of State Hospitalsend insert or to another
19public or private treatment facility approved by the community
20program director. In the event of dismissal of the criminal charges
21before the defendant recovers competence, the person shall be
22subject to the applicable provisions of the Lanterman-Petris-Short
23Act (Part 1 (commencing with Section 5000) of Division 5 of the
24Welfare and Institutions Code).begin delete Whereend deletebegin insert Ifend insert either the defendant or
25the prosecutor chooses to contest either kind of order of transfer,
26a petition may be filed in the court for a hearing, which shall be
27held if the court determines that sufficient grounds exist. At the
28hearing, the prosecuting attorney or the defendant may present
29evidence bearing on the order of transfer. The court shall use the
30same standards as are used in conducting probation revocation
31hearings pursuant to Section 1203.2.

32Prior to making an order for transfer under this section, the court
33shall notify the defendant, the attorney of record for the defendant,
34the prosecuting attorney, and the community program director or
35a designee.

36(B) If the defendant is initially committed tobegin delete a state hospitalend deletebegin insert the
37State Department of State Hospitalsend insert
or secure treatment facility
38pursuant to clause (ii) or (iii) of subparagraph (B) of paragraph (1)
39and is subsequently transferred to any other facility, copies of the
40documents specified in paragraph (3) shall be taken with the
P83   1defendant to each subsequent facility to which the defendant is
2transferred. The transferring facility shall also notify the appropriate
3law enforcement agency or agencies having local jurisdiction at
4the site of the new facility that the defendant is a person subject
5to clause (ii) or (iii) of subparagraph (B) of paragraph (1).

6(7) An order by the court authorizing involuntary medication
7of the defendant shall be valid for no more than one year. The
8court shall review the order six months after the order was made
9to determine if the grounds for the authorization remain. In the
10review, the court shall consider the reports of the treating
11psychiatrist or psychiatrists and the defendant’s patients’ rights
12advocate or attorney. The court may require testimony from the
13treating psychiatrist or psychiatrists and the patients’ rights
14advocate or attorney, if necessary. The court may continue the
15order authorizing involuntary medication for up to another six
16months, or vacate the order, or make any other appropriate order.

17(b) (1) Within 90 days of a commitment made pursuant to
18subdivision (a), the medical director of the state hospital or other
19treatment facility to which the defendant is confined shall make a
20written report to the court and the community program director
21for the county or region of commitment, or a designee, concerning
22the defendant’s progress toward recovery of mental competence.
23begin delete Whereend deletebegin insert Ifend insert the defendant is on outpatient status, the outpatient
24treatment staff shall make a written report to the community
25program director concerning the defendant’s progress toward
26recovery of mental competence. Within 90 days of placement on
27outpatient status, the community program director shall report to
28the court on this matter. If the defendant has not recovered mental
29competence, but the report discloses a substantial likelihood that
30the defendant will regain mental competence in the foreseeable
31future, the defendant shall remain in the state hospital or other
32treatment facility or on outpatient status. Thereafter, at six-month
33intervals or until the defendant becomes mentally competent,begin delete whereend delete
34begin insert ifend insert the defendant is confined in a treatment facility, the medical
35director of the hospital or person in charge of the facility shall
36report in writing to the court and the community program director
37or a designee regarding the defendant’s progress toward recovery
38of mental competence.begin delete Whereend deletebegin insert Ifend insert the defendant is on outpatient
39status, after the initial 90-day report, the outpatient treatment staff
40shall report to the community program director on the defendant’s
P84   1progress toward recovery, and the community program director
2shall report to the court on this matter at six-month intervals. A
3copy of these reports shall be provided to the prosecutor and
4defense counsel by the court. If the report indicates that there is
5no substantial likelihood that the defendant will regain mental
6competence in the foreseeable future, the committing court shall
7order the defendant to be returned to the court for proceedings
8pursuant to paragraph (2) of subdivision (c). The court shall
9transmit a copy of its order to the community program director or
10a designee.

11(2) begin deleteWhere end deletebegin insertIf end insertthe court has issued an order authorizing the
12treating facility to involuntarily administer antipsychotic
13medication to the defendant, the reports made at six-month intervals
14concerning the defendant’s progress toward regaining competency
15shall also consider the issue of involuntary medication. Each report
16shall include, but is not limited to, all the following:

17(A) Whether or not the defendant has the capacity to make
18decisions concerning antipsychotic medication.

19(B) If the defendant lacks capacity to make decisions concerning
20antipsychotic medication, whether the defendant risks serious harm
21to his or her physical or mental health if not treated with
22antipsychotic medication.

23(C) Whether or not the defendant presents a danger to others if
24he or she is not treated with antipsychotic medication.

25(D) Whether the defendant has a mental illness for which
26medications are the only effective treatment.

27(E) Whether there are any side effects from the medication
28currently being experienced by the defendant that would interfere
29with the defendant’s ability to collaborate with counsel.

30(F) Whether there are any effective alternatives to medication.

31(G) How quickly the medication is likely to bring the defendant
32to competency.

33(H) Whether the treatment plan includes methods other than
34medication to restore the defendant to competency.

35(I) A statement, if applicable, that no medication is likely to
36restore the defendant to competency.

37(3) After reviewing the reports, the court shall determine whether
38or not grounds for the order authorizing involuntary administration
39of antipsychotic medication still exist and shall do one of the
40following:

P85   1(A) If the original grounds for involuntary medication still exist,
2the order authorizing the treating facility to involuntarily administer
3antipsychotic medication to the defendant shall remain in effect.

4(B) If the original grounds for involuntary medication no longer
5exist, and there is no other basis for involuntary administration of
6antipsychotic medication, the order for the involuntary
7administration of antipsychotic medication shall be vacated.

8(C) If the original grounds for involuntary medication no longer
9exist, and the report states that there is another basis for involuntary
10administration of antipsychotic medication, the court shall set a
11hearing within 21 days to determine whether the order for the
12involuntary administration of antipsychotic medication shall be
13vacated or whether a new order for the involuntary administration
14of antipsychotic medication shall be issued. The hearing shall
15proceed as set forth in subparagraph (B) of paragraph (2) of
16subdivision (a).

17(4) Any defendant who has been committed or has been on
18outpatient status for 18 months and is still hospitalized or on
19outpatient status shall be returned to the committing court where
20a hearing shall be held pursuant to the procedures set forth in
21Section 1369. The court shall transmit a copy of its order to the
22community program director or a designee.

23(5) If it is determined by the court that no treatment for the
24defendant’s mental impairment is being conducted, the defendant
25shall be returned to the committing court. The court shall transmit
26a copy of its order to the community program director or a
27designee.

28(6) At each review by the court specified in this subdivision,
29the court shall determine if the security level of housing and
30treatment is appropriate and may make an order in accordance
31with its determination. If the court determines that the defendant
32shall continue to be treated in the state hospital or on an outpatient
33basis, the court shall determine issues concerning administration
34of antipsychotic medication, as set forth in subparagraph (B) of
35paragraph (2) of subdivision (a).

36(c) (1) At the end of three years from the date of commitment
37or a period of commitment equal to the maximum term of
38imprisonment provided by law for the most serious offense charged
39in the information, indictment, or misdemeanor complaint,
40whichever is shorter, a defendant who has not recovered mental
P86   1competence shall be returned to the committing court. The court
2shall notify the community program director or a designee of the
3return and of any resulting court orders.

4(2) Whenever any defendant is returned to the court pursuant
5to paragraph (1) or (4) of subdivision (b) or paragraph (1) of this
6subdivision and it appears to the court that the defendant is gravely
7disabled, as defined in subparagraph (B) of paragraph (1) of
8subdivision (h) of Section 5008 of the Welfare and Institutions
9Code, the court shall order the conservatorship investigator of the
10county of commitment of the defendant to initiate conservatorship
11proceedings for the defendant pursuant to Chapter 3 (commencing
12with Section 5350) of Part 1 of Division 5 of the Welfare and
13Institutions Code. Any hearings required in the conservatorship
14proceedings shall be held in the superior court in the county that
15ordered the commitment. The court shall transmit a copy of the
16order directing initiation of conservatorship proceedings to the
17community program director or a designee, the sheriff and the
18district attorney of the county in which criminal charges are
19pending, and the defendant’s counsel of record. The court shall
20notify the community program director or a designee, the sheriff
21and district attorney of the county in which criminal charges are
22pending, and the defendant’s counsel of record of the outcome of
23the conservatorship proceedings.

24(3) If a change in placement is proposed for a defendant who
25is committed pursuant to subparagraph (B) of paragraph (1) of
26subdivision (h) of Section 5008 of the Welfare and Institutions
27Code, the court shall provide notice and an opportunity to be heard
28with respect to the proposed placement of the defendant to the
29sheriff and the district attorney of the county in which criminal
30charges are pending.

31(4) begin deleteWhere end deletebegin insertIf end insertthe defendant is confined in a treatment facility, a
32copy of any report to the committing court regarding the
33defendant’s progress toward recovery of mental competence shall
34be provided by the committing court to the prosecutor and to the
35defense counsel.

36(d) The criminal action remains subject to dismissal pursuant
37to Section 1385. If the criminal action is dismissed, the court shall
38transmit a copy of the order of dismissal to the community program
39director or a designee.

P87   1(e) If the criminal charge against the defendant is dismissed,
2the defendant shall be released from any commitment ordered
3under this section, but without prejudice to the initiation of any
4proceedings that may be appropriate under the
5Lanterman-Petris-Short Act, Part 1 (commencing with Section
65000) of Division 5 of the Welfare and Institutions Code.

7(f) As used in this chapter, “community program director” means
8the person, agency, or entity designated by the State Department
9of State Hospitals pursuant to Section 1605 of this code and Section
104360 of the Welfare and Institutions Code.

11(g) For the purpose of this section, “secure treatment facility”
12shall not include, except for state mental hospitals, state
13developmental centers, and correctional treatment facilities, any
14facility licensed pursuant to Chapter 2 (commencing with Section
151250) of, Chapter 3 (commencing with Section 1500) of, or Chapter
163.2 (commencing with Section 1569) of, Division 2 of the Health
17and Safety Code, or any community board and care facility.

18(h) Nothing in this section shall preclude a defendant from filing
19a petition for habeas corpus to challenge the continuing validity
20of an order authorizing a treatment facility or outpatient program
21to involuntarily administer antipsychotic medication to a person
22being treated as incompetent to stand trial.

begin delete

23(i) This section shall become operative on July 1, 2012.

end delete
24begin insert

begin insertSEC. 26.end insert  

end insert

begin insertSection 2694 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

25

2694.  

begin insert(a)end insertbegin insertend insertThe Department of Corrections and Rehabilitation
26shall expand substance abuse treatment services in prisons to
27accommodate at least 4,000 additional inmates who have histories
28of substance abuse. In determining the prisons in which these
29additional treatment services will be located, the department may
30consider efficiency and efficacy of treatment, availability of staff
31resources, availability of physical space, and availability of
32additional resources in surrounding communities to supplement
33the treatment. In addition, the department shall expand followup
34treatment services in the community in order to ensure that
35offenders who participate in substance abuse treatment while
36 incarcerated in prison shall receive necessary followup treatment
37while on parole.

begin insert

38(b) (1) Notwithstanding any other law, unless there is a security
39or safety reason not to do so, a substance abuse treatment program
40funded by the Department of Corrections and Rehabilitation and
P88   1offered in a facility under the jurisdiction of the department
2pursuant to this section shall include a peer counseling component
3allowing prisoners to receive the necessary training within those
4facilities to become certified addiction counselors, including
5necessary course work and clinical hours.

end insert
begin insert

6(2) If the department determines that a peer counseling
7component shall not be included as part of a substance abuse
8treatment program offered in a facility under the department’s
9jurisdiction, the department shall notify in writing on January 10,
102015, and January 10, 2016, the Assembly and Senate Committees
11on Budget and the relevant Assembly and Senate policy committees
12at the time the determination is made. The report shall include the
13reason for the determination and a description of the substance
14abuse treatment program being provided.

end insert
begin insert

15(3) For purposes of this section, “peer counseling” means
16counseling offered by a person sharing similar life experiences
17who provides advice and assistance to another individual with the
18intended outcome of overcoming addiction-related challenges.

end insert
19begin insert

begin insertSEC. 27.end insert  

end insert

begin insertArticle 2.4 (commencing with Section 3016) is added
20to Chapter 8 of Title 1 of Part 3 of the end insert
begin insertPenal Codeend insertbegin insert, to read:end insert

begin insert

21 

22Article begin insert2.4.end insert  Case Management Reentry Pilot Program
23

 

24

begin insert3016.end insert  

(a) The Secretary of the Department of Corrections and
25Rehabilitation shall establish the Case Management Reentry Pilot
26Program for offenders under the jurisdiction of the department
27who have been sentenced to a term of imprisonment under Section
281170 and are likely to benefit from a case management reentry
29strategy designed to address homelessness, joblessness, mental
30disorders, and developmental disabilities among offenders
31transitioning from prison into the community. The purpose of the
32pilot program is to implement promising and evidence-based
33practices and strategies that promote improved public safety
34outcomes for offenders reentering society after serving a term in
35state prison and while released to parole.

36(b) The program shall be initiated in at least three counties over
37three years, supported by department employees focusing primarily
38on case management services for eligible parolees selected for the
39pilot program. Department employees shall be experienced or
40trained to work as social workers with a parole population.
P89   1Selection of a parolee for participation in the pilot program does
2not guarantee the availability of services.

3(c) Case management social workers shall assist offenders on
4parole who are assigned to the program in managing basic needs,
5including housing, job training and placement, medical and mental
6health care, and any additional programming or responsibilities
7attendant to the terms of the offender’s reentry requirements. Case
8management social workers also shall work closely with offenders
9to prepare, monitor, revise, and fulfill individualized offender
10reentry plans consistent with this section during the term of the
11program.

12(d) Individualized offender reentry plans shall focus on
13connecting offenders to services for which the offender is eligible
14under existing federal, state, and local rules.

15(e) Case management services shall be prioritized for offenders
16identified as potentially benefiting from assistance with the
17following:

18(1) Food, including the immediate need and long-term planning
19for obtaining food.

20(2) Clothing, including the immediate need to obtain appropriate
21clothing.

22(3) Shelter, including obtaining housing consistent with the
23goals of the most independent, least restrictive and potentially
24durable housing in the local community and that are feasible for
25the circumstances of each reentering offender.

26(4) Benefits, including, but not limited to, the California Work
27Opportunity and Responsibility to Kids program, general
28assistance, benefits administered by the federal Social Security
29Administration, Medi-Cal, and veterans benefits.

30(5) Health services, including assisting parolee clients with
31accessing community mental health, medical, and dental treatment.

32(6) Substance abuse services, including assisting parolee clients
33with obtaining community substance abuse treatment or related
3412-step program information and locations.

35(7) Income, including developing and implementing a feasible
36plan to obtain an income and employment reflecting the highest
37level of work appropriate for a reentering offender’s abilities and
38experience.

39(8) Identification cards, including assisting reentering offenders
40with obtaining state identification cards.

P90   1(9) Life skills, including assisting with the development of skills
2concerning money management, job interviewing, resume writing,
3and activities of daily living.

4(10) Activities, including working with reentering offenders in
5choosing and engaging in suitable and productive activities.

6(11) Support systems, including working with reentering
7offenders on developing a support system, which may consist of
8prosocial friends, family, and community groups and activities,
9such as religious activities, recovery groups, and other social
10events.

11(12) Academic and vocational programs, including assisting
12reentering offenders in developing and implementing a realistic
13plan to achieve an academic education, or vocational training, or
14both.

15(13) Discharge planning, including developing postparole plans
16to sustain parolees’ achievements and goals to insure long-term
17community success.

18(f) The department shall contract for an evaluation of the pilot
19program that will assess its effectiveness in reducing recidivism
20among offenders transitioning from prison into the community.

21(g) The department shall submit a final report of the findings
22from its evaluation of the pilot program to the Legislature and the
23Governor no later than three years after the enactment of Assembly
24Bill 1457 or Senate Bill 851 of the 2013−14 Regular Session. The
25report shall be submitted in compliance with Section 9795 of the
26Government Code.

27(h) Implementation of this article is contingent on the
28availability of funds and the pilot program may be limited in scope
29or duration based on the availability of funds.

end insert
30begin insert

begin insertSEC. 28.end insert  

end insert

begin insertSection 3060.7 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

31

3060.7.  

(a) (1) Notwithstanding any other law, the supervising
32parole agency shall notify any person released on parole or
33postrelease community supervision pursuant to Title 2.05
34(commencing with Section 3450) of Part 3 who has been classified
35by the Department of Corrections and Rehabilitation as included
36within the highest control or risk classification that he or she shall
37be required to report to his or her assigned parole officer or
38designated local supervising agency within two days of release
39from the state prison.

P91   1(2) This section shall not prohibit the supervising parole agency
2or local supervising agency from requiring any person released on
3parole or postrelease community supervision to report to his or
4her assigned parole officer within a time period that is less than
5two days from the time of release.

6(b) The supervising parole agency, within 24 hours of a parolee’s
7failure to report as required by this section, shall issue a written
8order suspending the parole of that parolee, pending a hearing
9before the Board of Parole Hearings or the court, as applicable,
10and shall request that a warrant be issued for the parolee’s arrest
11pursuant to subdivision (c) of Section 3000.08.

12(c) Upon the issuance of an arrest warrant for a parolee who
13has been classified within the highest control or risk classification,
14the assigned parole officer shall continue to carry the parolee on
15his or her regular caseload and shall continue to search for the
16parolee’s whereabouts.

17(d) With regard to any inmate subject to this section, the
18Department of Corrections and Rehabilitation shall release an
19inmate sentenced prior tobegin delete June 27, 2012,end deletebegin insert January 1, 1996,end insert one or
20two days before his or her scheduled release date if the inmate’s
21release date falls on the day before a holiday or weekend.

22(e) With regard to any inmate subject to this section, the
23Department of Corrections and Rehabilitation shall release an
24inmate one or two days after his or her scheduled release date if
25the release date falls on the day before a holiday or weekend.

begin delete

26(f) This section shall become operative on July 1, 2013.

end delete
27begin insert

begin insertSEC. 29.end insert  

end insert

begin insertSection 5006 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

28

5006.  

(a) (1) All moneys now held for the benefit of inmates
29currently housed in Department of Corrections and Rehabilitation
30facilities including those known as the Inmate Canteen Fund of
31the California Institution for Men; the Inmate Welfare Fund of the
32California Institution for Women; the Trust Contingent Fund of
33the California State Prison at Folsom; the S.P.L. Commissary,
34Canteen Account, Hobby Association, Camp Account, Library
35Fund, News Agency of the California State Prison at San Quentin,
36the Prisoners’ Fund; and the Prisoners’ Employment Fund, shall
37be deposited in the Inmate Welfare Fund of the Department of
38Corrections and Rehabilitation, in the State Treasury, which is
39hereby created. The money in the fund shall be used solely for the
40benefit and welfare of inmates of prisons and institutions under
P92   1the jurisdiction of the Department of Corrections and
2Rehabilitation, including the following:

3(A) The establishment, maintenance, employment of personnel
4for, and purchase of items for sale to inmates at canteens
5maintained at the state institutions.

6(B) The establishment, maintenance, employment of personnel,
7and necessary expenses in connection with the operation of the
8hobby shops at institutions under the jurisdiction of the department.

9(C) Educational programs, hobby and recreational programs,
10which may include physical education activities and hobby craft
11classes, inmate family visiting services, leisure-time activities, and
12assistance with obtaining photo identification from the Department
13of Motor Vehicles.

begin insert

14(D) Funding for innovative programming by not-for-profit
15organizations offering programs that have demonstrated success
16and focus on offender responsibility and restorative justice
17principles. All funding used for this purpose shall go directly to
18the not-for-profit organizations and shall not be used for
19department staff or administration of the programming.

end insert

20(2) The warden of each institution, in collaboration with at least
21two representatives from local or state advocacy groups for inmates
22and two members of either the men’s or women’s advisory council
23or similar group within each institution, shall meet at least
24biannually to determine how the money in the fund shall be used
25to benefit the inmates of the respective institution. It is the intent
26of the Legislature that the funds only be expended on services
27other than those that the department is required to provide to
28inmates.

29(b) There shall be deposited in the Inmate Welfare Fund all net
30proceeds from the operation of canteens and hobby shops and any
31moneys that may be assigned to the state prison by prisoners for
32deposit in the fund. The moneys in the fund shall constitute a trust
33held by the Secretary of the Department of Corrections and
34Rehabilitation for the benefit and welfare, as herein defined, of all
35of the inmates of institutions and prisons under the jurisdiction of
36the department.

37(c) The Department of Finance shall conduct a biennial audit
38of the Inmate Welfare Fund to include an audit report which shall
39summarize expenditures from the fund by major categories. At the
40end of each intervening fiscal year, a statement of operations shall
P93   1be prepared that shall contain the same information as would be
2provided in the biennial audit. At least one copy of any statement
3of operations or audit report shall be placed in each library
4maintained by the Department of Corrections and Rehabilitation
5and shall be available there to any inmate.

6begin insert

begin insertSEC. 30.end insert  

end insert

begin insertSection 6032 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
7

begin insert6032.end insert  

(a) There is hereby established within the Board of State
8and Community Corrections the California Juvenile Justice Data
9Working Group. The purpose of the working group is to
10recommend options for coordinating and modernizing the juvenile
11justice data systems and reports that are developed and maintained
12by state and county agencies.

13(b) (1) The working group shall include representatives from
14each of the following:

15(A) The Department of Justice.

16(B) The Board of State and Community Corrections.

17(C) The Division of Juvenile Justice within the Department of
18Corrections and Rehabilitation.

19(D) The Chief Probation Officers of California.

20(E) The Judicial Council.

21(F) The California State Association of Counties.

22(G) Any other representatives that are deemed appropriate by
23the board.

24(2) Members of the working group shall include persons that
25have experience or expertise related to the California juvenile
26justice system or the design and implementation of juvenile justice
27data systems, or both.

28(c) (1) The working group shall analyze the capacities and
29limitations of the data systems and networks used to collect and
30report state and local juvenile caseload and outcome data. The
31analysis shall include all of the following:

32(A) A review of the relevant data systems, studies, or models
33from California and other states having elements worthy of
34replication in California.

35(B) Identify changes or upgrades to improve the capacity and
36utility of juvenile justice caseload and outcome data in California,
37including changes to support the gathering of juvenile justice
38outcome and recidivism information, and changes to improve
39performance outcome measurements for state-local juvenile justice
40grant programs.

P94   1(2) No later than January 1, 2016, the working group shall
2prepare and submit a report to the Legislature on the options for
3improving interagency coordination, modernization, and upgrading
4of state and local juvenile justice data and information systems.
5The report shall include, but not be limited to, all of the following:

6(A) The additional collection and reporting responsibilities for
7agencies, departments, or providers that would be affected.

8(B) Recommendations for the creation of a Web-based statewide
9clearinghouse or information center that would make relevant
10juvenile justice information on operations, caseloads, dispositions,
11and outcomes available in a user-friendly, query-based format for
12stakeholders and members of the public.

13(C) An assessment of the feasibility of implementing the
14responsibilities identified in subparagraph (A) and the
15recommendations developed pursuant to subparagraph (B).

16(3) The working group shall also recommend a plan for
17improving the current juvenile justice reporting requirements of
18Section 1961 of the Welfare and Institutions Code and Section
1930061 of the Government Code, including streamlining and
20consolidating current requirements without sacrificing meaningful
21data collection. The working group shall submit its
22recommendations to the Board of State and Community Corrections
23no later than December 31, 2014.

24(d) (1) The requirement for submitting a report imposed under
25subdivision (c) is inoperative on January 1, 2016, pursuant to
26Section 10231.5 of the Government Code.

27(2) A report submitted to the Legislature pursuant to subdivision
28(c) shall be submitted in compliance with Section 9795 of the
29Government Code.

end insert
30begin insert

begin insertSEC. 31.end insert  

end insert
begin insert

The Legislature hereby finds and declares all of the
31following with respect to Section 29 of this act:

end insert
begin insert

32(a) A share of the restored mentally ill offender crime reduction
33grants, with the enactment of this act, will be dedicated to
34improving mental health outcomes for children in the juvenile
35justice system.

end insert
begin insert

36(b) While California’s youth crime rates are down overall in
37California, our courts and juvenile justice facilities are brimming
38with children and youth with a broad range of mental health
39disorders and unmet treatment needs.

end insert
begin insert

P95   1(c) In a 2005 “gap survey” of California probation chiefs,
2paving the way for the subsequent realignment of the Department
3of Corrections and Rehabilitation, Division of Juvenile Justice
4population to local control, the chiefs identified juvenile mental
5health cases as the most significant problem and service gap they
6faced. In a later study, Chief Probation Officers of California
7documented long stays and high costs related to the detention of
8juveniles with mental health problems. State and national studies
9confirm, again and again, extremely high rates of mental health
10disorders among incarcerated youth, with prevalence exceeding
1170 percent of juveniles in custody. Data from the Board of State
12and Community Corrections in 2013 documents the fact that nearly
13one-half of the daily 8,200 juveniles in custody or on electronic
14monitoring in California have “open mental health cases.”

end insert
begin insert

15(d) When the mental health needs of young offenders are
16ignored, these youth enter a high-risk zone of becoming chronic
17adult offenders, committing further crimes, and filling up our
18already crowded prisons and jails. This comes at a cost in public
19safety, a cost to the probation, court, and corrections agencies
20who must then deal expensively with the problem on a long-term
21basis at the deep end of our jail and prison systems, and a cost to
22the taxpayers.

end insert
begin insert

23(e) We know that early intervention in these youth mental health
24cases is a key to success. The mentally ill offender crime reduction
25grant program investment on the juvenile justice side is an
26investment in crime prevention. The juvenile justice share of the
27mentally ill offender crime reduction grants will support local
28investment in proven best practices, including early diagnoses,
29family and community-based treatment models, specialized mental
30health courts, and other collaborative models of intervention that
31have proven to be successful. The goal, overall, is to break the link
32between mental illness and crime as soon as possible using
33state-of-the-art assessment and intervention strategies. Early
34recognition and treatment in these cases is also critical to our goal
35of preventing the escalation of youth mental health disorders into
36tragedies like the University of California, Santa Barbara, shooting
37that occurred in 2014.

end insert
begin insert

38(f) Modern science tells us that children are developmentally
39different from adults. This finding has been embedded in decisions
P96   1of the United States Supreme Court in recent years, placing limits
2on the death penalty and other punishments imposed on children.

end insert
begin insert

3(g) The good news is that science and evidence-based studies
4point the way to interventions that can stop the cycle of mental
5 illness and crime early in these young lives. The new mentally ill
6offender crime reduction grants will prioritize funding for local
7assessments and interventions that promise to produce better youth
8outcomes, to lower youth recidivism rates, and to reduce system
9workloads and costs that result from failing to address the problem.

end insert
begin insert

10(h) Research indicates that a continuum of responses for
11mentally ill offenders that includes prevention, intervention, and
12incarceration can reduce crime, jail overcrowding, and criminal
13justice costs.

end insert
begin insert

14(i) Therefore, it is the intent of the Legislature that grants be
15provided to counties that develop and implement a comprehensive,
16cost-effective plan to reduce the rate of crime and offenses
17committed by persons with serious mental illness and to reduce
18jail overcrowding and local criminal justice costs related to
19mentally ill offenders.

end insert
20begin insert

begin insertSEC. 32.end insert  

end insert

begin insertArticle 4 (commencing with Section 6045) is added
21to Chapter 5 of Title 7 of Part 3 of the end insert
begin insertPenal Codeend insertbegin insert, to read:end insert

begin insert

22 

23Article begin insert4.end insert  Mentally Ill Offender Crime Reduction Grants
24

 

25

begin insert6045.end insert  

(a) The Board of State and Community Corrections
26shall administer mentally ill offender crime reduction grants on
27a competitive basis to counties that expand or establish a
28continuum of timely and effective responses to reduce crime and
29criminal justice costs related to mentally ill offenders. The grants
30administered under this article by the board shall be divided
31between adult and juvenile mentally ill offender crime reduction
32grants in accordance with the funds appropriated for each type of
33grant. The grants shall support prevention, intervention,
34supervision, and incarceration-based services and strategies to
35reduce recidivism and to improve outcomes for mentally ill juvenile
36and adult offenders.

37(b) For purposes of this article, the following terms shall have
38the following meanings:

39(1) “Board” means the Board of State and Community
40Corrections.

P97   1(2) “Mentally ill adult offenders” means persons described in
2subdivisions (b) and (c) of Section 5600.3 of the Welfare and
3Institutions Code.

4(3) “Mentally ill juvenile offenders” means persons described
5in subdivision (a) of Section 5600.3 of the Welfare and Institutions
6Code.

7

begin insert6045.2.end insert  

(a) A county shall be eligible to apply for either an
8adult mentally ill offender grant or a juvenile mentally ill offender
9grant or both in accordance with all other provisions of this article.
10The board shall provide a separate and competitive grant
11application and award process for each of the adult and juvenile
12mentally ill offender crime reduction grant categories. The board
13shall endeavor to assist counties that apply for grants in both
14categories in meeting any grant submission requirements that may
15overlap between the two categories of grants.

16(b) (1) A county that applies for an adult mentally ill offender
17grant shall establish a strategy committee to design the grant
18application that includes, at a minimum, the sheriff or director of
19the county department of corrections in a county where the sheriff
20does not administer the county jail system, who shall chair the
21committee, and representatives from other local law enforcement
22agencies, the chief probation officer, the county mental health
23director, a superior court judge, a former offender who is or has
24been a client of a mental health treatment facility, and
25representatives from organizations that can provide or have
26provided treatment or stabilization services for mentally ill
27offenders, including treatment, housing, income or job support,
28and caretaking.

29(2) A county that applies for a juvenile mentally ill offender
30grant shall establish a strategy committee that includes, at a
31minimum, the chief probation officer who shall chair the committee,
32representatives from local law enforcement agencies, the county
33mental health director, a superior court judge, a client or former
34offender who has received juvenile mental health services, and
35representatives from organizations that can provide or have
36provided treatment or support services for mentally ill juvenile
37offenders, including therapy, education, employment, housing, and
38caretaking services.

39(3) A county that applies for both types of grants may convene
40a combined strategy committee that includes the sheriff or jail
P98   1administrator and the chief probation officer as cochairs of the
2committee, as well as representation from the other agencies,
3departments, and disciplines designated in paragraphs (1) and (2)
4for both types of committees.

5(c) The strategy committee shall develop and describe in its
6grant application a comprehensive county plan for providing a
7cost-effective continuum of responses and services for mentally ill
8adult offenders or mentally ill juvenile offenders, including
9prevention, intervention, and incarceration-based services, as
10appropriate. The plan shall describe how the responses and
11services included in the plan have been proven to be or are
12designed to be effective in addressing the mental health needs of
13the target offender population, while also reducing recidivism and
14custody levels for mentally ill offenders in adult or juvenile
15detention or correctional facilities. Strategies for prevention,
16intervention, and incarceration-based services in the plan shall
17include, but not be limited to, all of the following:

18(1) Mental health and substance abuse treatment for mentally
19ill adult offenders or mentally ill juvenile offenders who are
20presently placed, incarcerated, or housed in a local adult or
21juvenile detention or correctional facility or who are under
22supervision by the probation department after having been released
23from a state or local adult or juvenile detention or correctional
24facility.

25(2) Prerelease, reentry, continuing, and community-based
26services designed to provide long-term stability for juvenile or
27adult offenders outside of the facilities of the adult or juvenile
28justice systems, including services to support a stable source of
29income, a safe and decent residence, and a conservator or
30caretaker, as needed in appropriate cases.

31(3) For mentally ill juvenile offender applications, one or more
32of the following strategies that has proven to be effective or has
33evidence-based support for effectiveness in the remediation of
34mental health disorders and the reduction of offending: short-term
35and family-based therapies, collaborative interagency service
36agreements, specialized court-based assessment and disposition
37tracks or programs, or other specialized mental health treatment
38and intervention models for juvenile offenders that are proven or
39promising from an evidence-based perspective.

P99   1(d) The plan as included in the grant application shall include
2the identification of specific outcome and performance measures
3and for annual reporting on grant performance and outcomes to
4the board that will allow the board to evaluate, at a minimum, the
5effectiveness of the strategies supported by the grant in reducing
6crime, incarceration, and criminal justice costs related to mentally
7ill offenders. The board shall, in the grant application process,
8provide guidance to counties on the performance measures and
9reporting criteria to be addressed in the application.

10

begin insert6045.4.end insert  

(a) The application submitted by a county shall
11describe a four-year plan for the programs, services, or strategies
12to be provided under the grant. The board shall award grants that
13provide funding for four years with the proviso that funding beyond
14the first year of the plan is contingent upon annual appropriations
15and the availability of funds to support mentally ill offender crime
16reduction grants beyond the first funding year. Funding shall be
17used to supplement, rather than supplant, funding for existing
18programs. Funds may be used to fund specialized alternative
19custody programs that offer appropriate mental health treatment
20and services.

21(b) A grant shall not be awarded unless the applicant makes
22available resources in accordance with the instructions of the
23board in an amount equal to at least 25 percent of the amount of
24the grant. Resources may include in-kind contributions from
25participating agencies.

26(c) In awarding grants, priority or preference shall be given to
27those grant applications that include documented match funding
28that exceeds 25 percent of the total grant amount.

29

begin insert6045.6.end insert  

The board shall establish minimum requirements,
30funding criteria, and procedures for awarding grants, which shall
31take into consideration, but not be limited to, all of the following:

32(a) The probable or potential impact of the grant on reducing
33the number or percent of mentally ill adult offenders or mentally
34ill juvenile offenders who are incarcerated or detained in local
35adult or juvenile correctional facilities and, as relevant for juvenile
36offenders, in probation out-of-home placements.

37(b) Demonstrated ability to administer the program, including
38any past experience in the administration of a prior mentally ill
39offender crime reduction grant.

P100  1(c) Demonstrated ability to develop effective responses and to
2provide effective treatment and stability for mentally ill adult
3offenders or mentally ill juvenile offenders.

4(d) Demonstrated ability to provide for interagency
5collaboration to ensure the effective coordination and delivery of
6the strategies, programs, or services described in the application.

7(e) Likelihood that the program will continue to operate after
8state grant funding ends, including the applicant’s demonstrated
9history of maximizing federal, state, local, and private funding
10sources to address the needs of the grant service population.

11

begin insert6045.8.end insert  

(a) The board shall create an evaluation design for
12adult and juvenile mentally ill offender crime reduction grants
13that assesses the effectiveness of the program in reducing crime,
14adult and juvenile offender incarceration and placement levels,
15early releases due to jail overcrowding, and local criminal and
16juvenile justice costs. The evaluation design may include outcome
17measures related to the service levels, treatment modes, and
18stability measures for juvenile and adult offenders participating
19in, or benefitting from, mentally ill offender crime reduction grant
20programs or services.

21(b) Commencing on October 1, 2015, and annually thereafter,
22the board shall submit a report to the Legislature based on the
23evaluation design, with a final report due on December 31, 2019.

24(c) The reports submitted pursuant to this section shall be
25submitted in compliance with Section 9795 of the Government
26Code.

27(d) Pursuant to Section 10231.5 of the Government Code, this
28section shall be repealed as of January 1, 2024.

29

begin insert6045.9.end insert  

The board may use up to 5 percent of the funds
30appropriated for purposes of this article to administer this
31program, including technical assistance to counties and the
32development of the evaluation component.

end insert
33begin insert

begin insertSEC. 33.end insert  

end insert

begin insertSection 6141 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

34

6141.  

The California Rehabilitation Oversight Board shall meet
35at leastbegin delete quarterly,end deletebegin insert twice annually,end insert and shall regularly examine the
36various mental health, substance abuse, educational, and
37employment programs for inmates and parolees operated by the
38Department of Corrections and Rehabilitation. The board shall
39report to the Governor and the Legislaturebegin delete biannually,end deletebegin insert annually,end insert
40 onbegin delete March 15 andend delete September 15, and may submit other reports
P101  1during the year if it finds they are necessary. The reports shall
2include, but are not limited to, findings on the effectiveness of
3treatment efforts, rehabilitation needs of offenders, gaps in
4rehabilitation services in the department, and levels of offender
5participation and success in the programs. The board shall also
6make recommendations to the Governor and Legislature with
7respect to modifications, additions, and eliminations of
8rehabilitation and treatment programs. In performing its duties,
9the board shall use the work products developed for the department
10as a result of the provisions of the 2006 Budget Act, including
11Provision 18 of Item 5225-001-0001.

12begin insert

begin insertSEC. 34.end insert  

end insert

begin insertSection 6402 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
13

begin insert6402.end insert  

The Department of Corrections and Rehabilitation
14(CDCR) shall develop policies related to the department’s
15contraband interdiction efforts for individuals entering CDCR
16detention facilities. When developed, these policies shall include,
17but not be limited to, the following specifications:

18(a) Application to all individuals, including visitors, all
19department staff, including executive staff, volunteers, and contract
20employees.

21(b) Use of methods to ensure that profiling is not practiced
22during random searches or searches of all individuals entering
23the prison at that time.

24(c) Establishment of unpredictable, random search efforts and
25 methods that ensures that no one, except department employees
26specifically designated to conduct the random search, shall have
27advance notice of when a random search is scheduled.

28(d) All visitors attempting to enter a CDCR detention facility
29shall be informed that they may refuse to be searched by a passive
30alert dog.

31(e) All visitors attempting to enter a CDCR detention facility
32who refuse to be searched by a passive alert dog shall be informed
33of options, including, but not limited to, voluntarily aborting their
34attempt to enter the detention facility.

35(f) All individuals attempting to enter a CDCR detention facility,
36who have a positive alert for contraband by an electronic drug
37detection device, a passive alert dog, or other technology, shall
38be informed of options, including, but not limited to, an unclothed
39 body search.

P102  1(g) Establishment of a method by which an individual may
2demonstrate an authorized health-related use of a controlled
3substance when a positive alert is noted by an electronic drug
4detection device, a passive alert dog, or other technology.

5(h) Establishment of specific requirements for additional search
6options when multiple positive alerts occur on an individual
7employee within a specified timeframe.

end insert
8begin insert

begin insertSEC. 35.end insert  

end insert

begin insertSection 7050 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

9

7050.  

(a) (1) Section 28 of Chapter 7 of the Statutes of 2007
10contains an appropriation of three hundred million dollars
11($300,000,000) for capital outlay to be allocated to renovate,
12improve, or expand infrastructure capacity at existing prison
13facilities. The funds appropriated by that section may be used for
14land acquisition, environmental services, architectural
15programming, engineering assessments, schematic design,
16preliminary plans, working drawings, and construction.

17(2) These funds may also be used to address deficiencies related
18to utility systems owned by local government entities and serving
19state prison facilities subject to the provisions of Section 54999
20of the Government Code. The department shall report on any funds
21to be expended for this purpose to the Joint Legislative Budget
22Committee. If the committee fails to take any action with respect
23to each notification within 20 days after submittal, this inaction
24shall be deemed to be approval for purposes of this section.

25(3) These funds may also be used for the design and construction
26of improvements to dental facilities at state prison facilities.

27(4) These funds may also be used for the design and construction
28of improvements to medication distribution facilities at state prison
29facilities.

begin insert

30(5) These funds may also be used for the design and construction
31of projects in the Health Care Facility Improvement Program at
32state prison facilities.

end insert
begin delete

33(5)

end delete

34begin insert(6)end insert This subdivision authorizes the scope and cost of a single
35capital outlay project for purposes of calculating augmentations
36pursuant to Section 13332.11 or 13332.19.

37(b) The scope and costs of the projects described in subdivision
38(a) of this section shall be subject to approval and administrative
39oversight by the State Public Works Board, including
40augmentations, pursuant to Section 13332.11 or 13332.19 of the
P103  1Government Code. The availability of an augmentation for each
2individual project allocation shall be based on the total applicable
3capital outlay appropriation contained in Section 28 of Chapter 7
4of the Statutes of 2007 and is not limited to 20 percent of the
5individual project allocation. These requirements shall be applied
6separately to each institution. All of the necessary infrastructure
7improvements at each institution may be treated as one project
8such that there would be one infrastructure improvement project
9at each institution. The scope and cost of each infrastructure
10improvement project shall be established by the board individually.
11The amount of the total appropriation in Section 28 of Chapter 7
12of the Statutes of 2007 that is necessary for each infrastructure
13improvement project shall be allocated by institution. The
14appropriation may be allocated based on current estimates. These
15initial allocations may be adjusted commensurate to changes that
16occur during the progression of the projects. As allocations are
17made or adjusted, the anticipated deficit or savings shall be
18continuously tracked and reported. Once the total appropriation
19has been allocated, any augmentation necessary to fund an
20anticipated deficit shall be based on the total appropriation and
21allocated to each project as necessary. Concurrent with the request
22to the board to establish each project authorized pursuant to this
23section, the Department of Corrections and Rehabilitation shall
24report the associated scope, cost, and schedule information to the
25Joint Legislative Budget Committee.

26(c) The projects authorized pursuant to this section shall be part
27of the Department of Corrections and Rehabilitation’s master plan,
28as defined in Section 7000.

29(d) The reporting requirements set forth in Sections 7000 to
307003.5, inclusive, shall apply separately to each project authorized
31pursuant to this section.

32begin insert

begin insertSEC. 36.end insert  

end insert

begin insertSection 13821 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

33

13821.  

(a) For the 2011-12 fiscal year, the Controller shall
34allocate 9 percent of the amount deposited in the Local Law
35Enforcement Services Account in the Local Revenue Fund 2011
36to thebegin delete California Emergency Management Agency.end deletebegin insert Office of
37Emergency Services.end insert
The Controller shall allocate these funds on
38a quarterly basis beginning on October 1. These funds shall be
39allocated by the Controller pursuant to a schedule provided by the
40begin delete California Emergency Management Agencyend deletebegin insert Office of Emergency
P104  1Servicesend insert
which shall be developed according to thebegin delete agency’send delete
2begin insert office’send insert existing programmatic guidelines and the following
3percentages:

4(1) The California Multi-Jurisdictional Methamphetamine
5Enforcement Teams shall receive 47.52 percent in the 2011-12
6fiscal year.

7(2) The Multi-Agency Gang Enforcement Consortium shall
8receive 0.2 percent in the 2011-12 fiscal year.

9(3) The Sexual Assault Felony Enforcement Teams, authorized
10by Section 13887, shall receive 12.48 percent in the 2011-12 fiscal
11year.

12(4) The High Technology Theft Apprehension and Prosecution
13 Program, authorized by Section 13848.2, shall receive 26.83
14percent in the 2011-12 fiscal year.

15(5) The Gang Violence Suppression Program authorized by
16Section 13826.1, shall receive 3.91 percent in the 2011-12 fiscal
17year.

18(6) The Central Valley and Central Coast Rural Crime
19Prevention Programs, authorized by Sections 14170 and 14180,
20shall receive 9.06 percent in the 2011-12 fiscal year.

21(b) For the 2011-12 fiscal year, thebegin delete California Emergency
22Management Agencyend delete
begin insert Office of Emergency Servicesend insert may be
23reimbursed up to five hundred eleven thousand dollars ($511,000)
24from the funds allocated in subdivision (a) for program
25 administrative costs.

26(c) Commencing with the 2012-13 fiscal year, subsequent to
27the allocation described in subdivision (c) of Section 29552 of the
28Government Code, and commencing with the 2013-14 fiscal year,
29subsequent to the allocation described in subdivision (d) of Section
3029552 of the Government Code, the Controller shall allocate
318.99758189 percent of the remaining amount deposited in the
32Enhancing Law Enforcement Activities Subaccount in the Local
33Revenue Fund 2011 and shall distribute the moneys as follows:

34(1) Commencing with the 2012-13 fiscal year, the California
35Multi-Jurisdictional Methamphetamine Enforcement Teams shall
36receive 47.52015636 percent and shall be allocated by the
37Controller according to the following schedule:


38

 

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%

P106 2126P106  7193334825263P106 1016293010

 

22(2) Commencing with the 2013-14 fiscal year, the California
23Multi-Jurisdictional Methamphetamine Enforcement Teams shall
24receive 47.52015636 percent and shall be allocated in monthly
25installments by the Controller according to the following schedule:

 

Alameda County

1.7109%

Alpine County

0.6327%

Amador County

0.6327%

Butte County

1.6666%

Calaveras County

0.8435%

Colusa County

0.1623%

Contra Costa County

1.3163%

Del Norte County

0.2167%

El Dorado County

1.3716%

Fresno County

5.3775%

Glenn County

0.2130%

Humboldt County

1.0198%

Imperial County

2.5510%

Inyo County

0.6327%

Kern County

5.6938%

Kings County

0.9701%

Lake County

0.6604%

Lassen County

0.2643%

Los Angeles County

5.3239%

Madera County

0.9701%

Marin County

0.6292%

Mariposa County

0.6327%

Mendocino County

0.6846%

Merced County

1.8136%

Modoc County

0.0734%

Mono County

0.6327%

Monterey County

0.9018%

Napa County

0.6803%

Nevada County

0.7482%

Orange County

1.5661%

Placer County

2.6395%

Plumas County

0.1516%

Riverside County

5.6395%

Sacramento County

10.0169%

San Benito County

0.8404%

San Bernardino County

8.9364%

San Diego County

2.5510%

San Francisco County

1.0034%

San Joaquin County

4.6394%

San Luis Obispo County

1.3483%

San Mateo County

1.1224%

Santa Barbara County

1.3483%

Santa Clara County

2.0612%

Santa Cruz County

0.8333%

Shasta County

1.3426%

Sierra County

0.0245%

Siskiyou County

0.3401%

Solano County

1.8979%

Sonoma County

1.1610%

Stanislaus County

3.6272%

Sutter County

0.7177%

Tehama County

0.4808%

Trinity County

0.1044%

Tulare County

2.5306%

Tuolumne County

0.6327%

Ventura County

1.3483%

Yolo County

1.5215%

Yuba County

0.5466%

P106  7193334825263P106 1016293010

 

8(3) Commencing with the 2012-13 fiscal year, the Multi-Agency
9Gang Enforcement Consortium shall receive 0.19545566 percent
10and shall be allocated by the Controller to Fresno County.

11(4) Commencing with the 2013-14 fiscal year, the Multi-Agency
12Gang Enforcement Consortium shall receive 0.19545566 percent
13and shall be allocated in monthly installments by the Controller
14to Fresno County.

15(5) Commencing with the 2012-13 fiscal year, the Sexual
16Assault Felony Enforcement Teams, authorized by Section 13887,
17shall receive 12.48473003 percent and shall be allocated by the
18Controller 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%

3334825263P106 1016293010

 

28(6) Commencing with the 2013-14 fiscal year, the Sexual
29Assault Felony Enforcement Teams, authorized by Section 13887,
30shall receive 12.48473003 percent and shall be allocated by the
31Controller in monthly installments according to the following
32schedule:

 

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%

825263P106 1016293010

 

P109  3(7) Commencing with the 2012-13 fiscal year, the High
4 Technology Theft Apprehension and Prosecution Program,
5authorized by Section 13848.2, shall receivebegin delete 26.82628879end delete
6begin insert 26.82628878end insert percent and shall be allocated by the Controller
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%

25263P106 1016293010

 

20(8) Commencing with the 2013-14 fiscal year, the High
21Technology Theft Apprehension and Prosecution Program,
22authorized by Section 13848.2, shall receivebegin delete 26.82628879end delete
23begin insert 26.82628878end insert percent and shall be allocated by the Controller in
24 monthly installments according to the following schedule:

 

Los Angeles County

18.25%

Marin County

18.25%

Marin County, for use by the Department of Justice in implementing subdivision (b) of Section 13848.4

7.00%

Marin County, for use by the California District Attorneys Association in implementing subdivision (b) of Section 13848.4

1.75%

Sacramento County

18.25%

San Diego County

18.25%

Santa Clara County

18.25%

3P106 1016293010

 

37(9) Commencing with the 2012-13 fiscal year, the Gang
38Violence Suppression Program, authorized by Section 13826.1,
P110  1shall receive 3.90911312 percent and shall be allocated by the
2Controller 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%

P106 1016293010

 

11(10) Commencing with the 2013-14 fiscal year, the Gang
12Violence Suppression Program, authorized by Section 13826.1,
13shall receive 3.90911312 percent and shall be allocated by the
14Controller in monthly installments according to the following
15schedule:

 

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%

293010

 

24(11) Commencing with the 2012-13 fiscal year, the Central
25Valley and Central Coast Rural Crime Prevention Programs,
26authorized by Sections 14170 and 14180, shall receive 9.06425605
27percent and shall be allocated by the Controller according to the
28following 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%

10

 

P111  5(12) Commencing with the 2013-14 fiscal year, the Central
6Valley and Central Coast Rural Crime Prevention Programs,
7authorized by Sections 14170 and 14180, shall receive 9.06425605
8percent and shall be allocated by the Controller in monthly
9installments according to the following schedule:

 

Fresno County

18.5588%

Kern County

13.7173%

Kings County

6.8587%

Madera County

4.4380%

Merced County

6.8587%

Monterey County

7.2411%

San Benito County

4.8273%

San Joaquin County

6.8587%

San Luis Obispo County

2.1723%

Santa Barbara County

3.6206%

Santa Cruz County

1.4482%

Stanislaus County

6.8587%

Tulare County

16.5415%

 

25(d) For any of the programs described in this section, funding
26will be distributed by local agencies as would otherwise have
27occurred pursuant to Section 1 of Chapter 13 of the Statutes of
282011, First Extraordinary Session.

29begin insert

begin insertSEC. 37.end insert  

end insert

begin insertSection 13826.1 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
30read:end insert

31

13826.1.  

(a) There is hereby established in the Board of State
32and Community Corrections, the Gang Violence Suppression
33Program, a program of financial and technical assistance for district
34attorneys’ offices, local law enforcement agencies, county
35probation departments, school districts, county offices of education,
36or any consortium thereof, and community-based organizations
37which are primarily engaged in the suppression of gang violence.

38(b) Funds made available pursuant to this chapter are intended
39to ensure the highest quality provision of services and to reduce
P112  1unnecessary duplication. Funds disbursed under this chapter shall
2not begin delete supplant local funds that would, in the absence of the Gang
3Violence Suppression Program, be made available to support the
4activities set forth in this chapter.end delete
begin insert be used by local agencies to
5supplant other funding for Public Safety Services, as defined in
6Section 36 of Article XIII of the California Constitution.end insert
Funds
7awarded under this program as local assistance grants shall not be
8subject to review as specified in Section 10295 of the Public
9Contract Code.

10begin insert

begin insertSEC. 38.end insert  

end insert

begin insertSection 14306 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
11amended to read:end insert

12

14306.  

To implementbegin delete the provisions ofend delete this division, the
13director may do all of the following:

14(a) Recruit andbegin delete employend deletebegin insert enrollend insert corpsmembers and special
15corpsmembers.

16(b) Adopt criteria for selecting applicants forbegin delete employmentend delete
17begin insert enrollmentend insert in the corps’begin delete program.end deletebegin insert program, including criteria for
18individuals convicted of a crime described in the California
19Uniform Controlled Substances Act (Division 10 (commencing
20with Section 11000) of the Health and Safety Code). The director
21shall take into account, when adopting this criteria, the health,
22safety, and welfare of the public and the corpsend insert
begin insert’ program
23participantsend insert
begin insert and staff. end insert

24(c) Execute contracts containingbegin delete suchend deletebegin insert theend insert terms and conditions
25begin delete asend deletebegin insert thatend insert are deemed necessary and desirable for thebegin delete employmentend delete
26begin insert enrollmentend insert of corpsmembers.

27(d) Authorize utilization of the corps for emergency projects
28occasioned by natural disasters, fire prevention and suppression,
29rescue of lost or injured persons, and any other activity or project
30necessary or desirable to carry out the purposes of this division.

31(e) Apply for and accept grants or contributions of funds from
32any public or private source.

33(f) Purchase, rent, or otherwise acquire or obtain necessary
34property, supplies, instruments, tools, equipment, and
35conveniences.

36(g) Execute contracts for furnishing the services of the corps to
37any federal, state, or local public agency; any local or statewide
38private organization concerned with the objectives of the corps’
39 program, as specified in Sections 14000 and 14300; and any person,
40firm, partnership, or corporation concerned with these objectives.

P113  1(h) Procure insurance.

2(i) Be reimbursed by the federal government, any state or local
3public agency, or any private organization for actual expenses
4incurred by the corps for any project undertaken for any such entity
5pursuant to subdivision (d) or (g) or pursuant to Section 14307.

6(j) To the extent permitted by Article VII of the California
7Constitution, execute contracts with any person, natural or
8corporate, for the purpose of implementing the objectives of the
9corps, as specified in Sections 14000 and 14300.

10(k) Utilize any services, material, or property of any agency of
11the state, and may makebegin delete suchend delete agreements with any agency of the
12state or takebegin delete suchend delete other actionsbegin delete asend deletebegin insert thatend insert are reasonable and necessary.

13(l) Contract with public or private nonprofit entities to provide
14services for the corps.

15(m) Contract with the University of California, the California
16State University, the community college districts, and private
17institutions for the creation of special admission and tuition credit
18programs for corpsmembers.

19begin insert

begin insertSEC. 39.end insert  

end insert

begin insertSection 1955 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
20amended to read:end insert

21

1955.  

(a) The allocation amount for each county from the
22Youthful Offender Block Grant Fund for offenders subject to
23Sections 733, 1766, and 1767.35 shall be allocated in four equal
24installments, to be paid in September, December, March, and June
25of each fiscal year, until June 30, 2013. Commencing with the
262013-14 fiscal year, the allocation amount for each county from
27the Youthful Offender Block Grant Special Account established
28in paragraph (2) of subdivision (c) of Section 30025 of the
29Government Code for offenders subject to Sections 733, 1766,
30and 1767.35 shall be allocated in monthly installments. In each
31fiscal year, the allocation amount shall be determined as follows:

32(1) Fifty percent based on the number of the county’s juvenile
33felony court dispositions,begin delete according to the most recent data
34compiled by the Department of Justice,end delete
calculated as a percentage
35of the state total.begin insert By July 10 of each year, the Department of Justice
36shall provide to the Department of Finance the number of juvenile
37felony court dispositions for each county for the previous calendar
38year.end insert

39(2) Fifty percent based on the county’s population of minors
40from 10 to 17 years of age, inclusive, according to the most recent
P114  1data published by the Department of Finance, calculated as a
2percentage of the state total.

3(b) Each county shall receive a minimum block grant allocation
4of fifty-eight thousand five hundred dollars ($58,500) for the
52007-08 fiscal year, and a minimum block grant allocation of one
6hundred seventeen thousand dollars ($117,000) for each fiscal year
7thereafter.

8(c) Commencing with the 2008-09 fiscal year, allocations shall
9be available to counties that have met the requirements of Section
101961.

11begin insert

begin insertSEC. 40.end insert  

end insert

begin insertSection 1981 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
12amended to read:end insert

13

1981.  

(a) There is hereby established a Juvenile Reentry Fund.
14Moneys allocated for local supervision of persons discharged from
15the custody of the Division of Juvenile Facilities authorized in
16Sections 1983 and 1984 shall be deposited into this fund from the
17General Fund. Any moneys deposited into this fund shall be
18administered by the Controller and the share calculated for each
19county probation department shall be transferred to its Juvenile
20Reentry Fund authorized in subdivision (b).

21(b) Each county is hereby authorized to establish in each county
22treasury a Juvenile Reentry Fund to receive all amounts allocated
23to that county probation department for purposes of implementing
24this chapter.

25(c) Allocations from the Juvenile Reentry Fund shall be
26expended exclusively to address local program needs for persons
27discharged from the custody of the Division of Juvenile Facilities.
28County probation departments, in expending the Juvenile Reentry
29Grant allocation, shall provide evidence-based supervision and
30detention practices and rehabilitative services to persons who are
31subject to the jurisdiction of the juvenile court who were committed
32to and discharged from the Department of Corrections and
33Rehabilitation, Division of Juvenile Facilities. “Evidence-based”
34refers to supervision and detention policies, procedures, programs,
35and practices demonstrated by scientific research to reduce
36recidivism among individuals on probation or under postrelease
37supervision.

38(d) Funds allocated pursuant to subdivision (c) shall begin delete supplement
39existing services and shall not be used to supplant any existing
40funding by local agencies for existing services provided by that
P115  1entity.end delete
begin insert not be used by local agencies to supplant other funding for
2Public Safety Services, as defined in Section 36 of Article XIII of
3the California Constitution.end insert

4(e) The funding provided under this chapter is intended to
5provide payment in full for all local government costs of the
6supervision, programming, education, incarceration or any other
7cost resulting from persons discharged from custody or held in
8local facilities pursuant to the provisions of this act.

9begin insert

begin insertSEC. 41.end insert  

end insert

begin insertSection 1984 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
10amended to read:end insert

11

1984.  

(a) The amount allocated to each county probation
12department from the Juvenile Reentry Grant shall be distributed
13in two equal payments to be paid on October 30 and May 30 of
14each fiscal year, until June 30, 2013. Commencing with the
152013-14 fiscal year, the amount allocated to each county probation
16department from the Juvenile Reentry Grant Special Account
17established in paragraph (2) of subdivision (c) of Section 30025
18of the Government Code shall be allocated in monthly installments.
19In each fiscal year the amount allocated to each county probation
20department from the Juvenile Reentry Grant Special Account shall
21be distributed pursuant to the criteria set forth in subdivisions (b)
22tobegin delete (g),end deletebegin insert (h),end insert inclusive, of this section.

23(b) Consistent withbegin delete Sections 1766 and 1766.01,end deletebegin insert Section 1766,end insert
24 funds shall be allocated in the amount of fifteen thousand dollars
25($15,000) on an average daily population basis per ward discharged
26to the jurisdiction of the court and ordered by the court to be
27supervised by local county probation for monitoring and services
28during the previous fiscal year based on the actual number of
29discharged wards supervised at the local level. For each discharged
30ward, this funding shall be provided for 24 months.

31(c) Consistent with Sectionsbegin delete 208.5, 1767.35, and 1767.36,end deletebegin insert 208.5
32and 1767.35,end insert
funds shall be allocated in the amount of one hundred
33fifteen thousand dollars ($115,000) on an average daily population
34basis per discharged ward transferred to a local juvenile facility
35for violating a condition of court-ordered supervision during the
36previous fiscal year based on the actual number of discharged
37wards housed in a local juvenile detention facility or court-ordered
38placement facility where the costs of the housing is not
39reimbursable to the county through Title IV-E of the federal Social
40Security Act, or Medi-Cal. For each discharged ward, this funding
P116  1shall be provided for the actual number of months the ward is
2housed in a facility up to 12 months. This funding shall not be
3provided for wards housed in a jail under any circumstances.

4(d) Consistent with Section 731.1, funds shall be allocated in
5the amount of fifteen thousand dollars ($15,000) on an average
6daily population basis per parolee recalled by the county of
7commitment for monitoring and services during the previous fiscal
8year based on the actual number of parolees recalled. For each
9recalled parolee, this funding shall be provided for the remaining
10duration of the term of state supervision, not to exceed 24 months.

11(e) Consistent withbegin delete Sections 1766 and 1766.01,end deletebegin insert Section 1766,end insert
12 funds shall be allocated in the amount of fifteen thousand dollars
13($15,000) on an average daily population basis per discharged
14ward transferred to the county of commitment for monitoring and
15services during the previous fiscal year based on the actual number
16of wards transferred. For each ward transferred on and after July
171, 2014, this funding shall be provided for the remaining duration
18of the term of juvenile court jurisdiction, not to exceed 24 months.

19(f) Consistent with Sectionsbegin delete 208.5, 1767.35, and 1767.36,end deletebegin insert 208.5
20and 1767.35,end insert
no additional funding, beyond the initial fifteen
21thousand dollars ($15,000) provided pursuant to subdivision (b)
22shall be allocated to counties for discharged wards who are housed
23in county jail or in any other county correctional facility for
24violating a condition of court-ordered supervision during the
25previous fiscal year.

26(g) Consistent with Sectionsbegin delete 208.5, 1767.35, and 1767.36,end deletebegin insert 208.5
27and 1767.35,end insert
no additional funding, beyond the initial fifteen
28thousand dollars ($15,000) provided pursuant to subdivision (b)
29shall be allocated to counties for discharged wards who are housed
30in a state juvenile facility for violating a condition of court-ordered
31supervision during the previous fiscal year.

begin insert

32(h) In each fiscal year, consistent with subdivision (b) of Section
3330029.11 of the Government Code, the Department of Finance
34shall use the criteria outlined in subdivisions (b) to (g), inclusive,
35to determine each county’s allocation as a percentage of the funds
36deposited in the Juvenile Reentry Grant Special Account. Actual
37allocations provided to counties pursuant to subdivisions (b) to
38(g), inclusive, shall vary based on the amount of funds deposited
39in the Juvenile Reentry Grant Special Account pursuant to
40subdivision (b) of Section 30028.1 of the Government Code.

end insert
P117  1begin insert

begin insertSEC. 42.end insert  

end insert

begin insertSection 4023.5 is added to the end insertbegin insertWelfare and Institutions
2Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert4023.5.end insert  

(a) The Secretary of California Health and Human
4Services shall, no later than January 10, 2015, provide to the fiscal
5and appropriate policy committees of the Legislature a report,
6together with specific and detailed recommendations, reviewing
7and evaluating best practices and strategies, including independent
8oversight, for effectively and sustainably addressing the employee
9discipline process, criminal and major incident investigations,
10and the use of force within state hospitals and psychiatric programs
11run by the State Department of State Hospitals. The secretary may
12consult with the Department of the California Highway Patrol,
13the Department of Corrections and Rehabilitation, the Office of
14the Inspector General, and any other resource identified by the
15secretary as valuable to the analysis. It is the intent of the
16Legislature that the report and recommendations reflect a critical
17and pragmatic analysis of the department’s current practices and
18policies, and include meaningful recommendations describing how
19current practices and policies should be revised and reformed to
20assure safety and accountability in the state hospital system.

21(b) Pursuant to Section 10231.5 of the Government Code, this
22section is repealed on January 1, 2019.

end insert
23begin insert

begin insertSEC. 43.end insert  

end insert

begin insertSection 7228 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
24amended to read:end insert

25

7228.  

Prior tobegin delete admission to the Napa State Hospital or the
26Metropolitan State Hospital,end delete
begin insert admission,end insert the State Department of
27State Hospitals shall evaluate each patient committed pursuant to
28Section 1026 or 1370 of the Penalbegin delete Code.end deletebegin insert Code to determine the
29placement of the patient to the appropriate state hospital. The
30State Department of State Hospitals shall utilize the documents
31provided pursuant to subdivision (e) of Section 1026 of the Penal
32Code and paragraph (2) of subdivision (b) of Section 1370 of the
33Penal Code to make the appropriate placement.end insert
A patient
34determined to be a high security risk shall be treated in the
35department’s most securebegin delete facilities.end deletebegin insert facilities pursuant to Section
367230.end insert
A Penal Code patient not needing this level of security shall
37be treated as near to the patient’s community as possible if an
38appropriate treatment program is available.

39begin insert

begin insertSEC. 44.end insert  

end insert

begin insertSection 7234 is added to the end insertbegin insertWelfare and Institutions
40Code
end insert
begin insert, to read:end insert

begin insert
P118  1

begin insert7234.end insert  

(a) (1) A Patient Management Unit (PMU) shall be
2established within the State Department of State Hospitals to
3facilitate patient movement across all facilities under its
4jurisdiction and any psychiatric programs operated by the State
5Department of State Hospitals pursuant to a memorandum of
6understanding with the Department of Corrections and
7Rehabilitation.

8(2) The PMU’s responsibilities shall include, but not be limited
9to, oversight and centralized management of patient admissions,
10and collection of data for reports and patient population
11projections.

12(b) The State Department of State Hospitals shall adopt
13regulations, consistent with this article, concerning policies and
14procedures to be implemented by the PMU, including, but not
15limited to, both of the following:

16(1) Policies and procedures for patient referral to the State
17Department of State Hospitals.

18(2) Screening criteria that ensures that patients are placed in
19a state hospital or psychiatric program closest to their county of
20residence in the absence of a compelling reason to place the patient
21in another facility. Compelling reasons may include, but not be
22limited to, the patient’s specialized psychiatric, medical, or safety
23needs, and the availability of beds for his or her commitment type.

24(c) The Director of State Hospitals may adopt emergency
25regulations in accordance with the Administrative Procedures Act
26(Chapter 3.5 (commencing with Section 11340) of Part 1 of
27Division 3 of Title 2 of the Government Code) to implement this
28section. The adoption of an emergency regulation under this
29paragraph is deemed to address an emergency, for purposes of
30Sections 11346.1 and 11349.6 of the Government Code, and the
31Director of State Hospitals is hereby exempted for this purpose
32from the requirements of subdivision (b) of Section 11346.1 of the
33Government Code.

end insert
34begin insert

begin insertSEC. 45.end insert  

end insert

begin insertSection 11251.3 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert,
35as added by Section 1 of Chapter 283 of the Statutes of 1997, is
36amended to read:end insert

37

11251.3.  

(a) An individual shall be ineligible for aid under
38this chapter if the individual has been convicted in state or federal
39court after December 31, 1997, including any plea of guilty or
40nolo contendere, of any offense classified as a felony and that has
P119  1as an element of the possession, use, or distribution of a controlled
2substance, defined in Section 102(6) of the Controlled Substance
3Act (21 U.S.C. Sec. 802(6)).

4(b) For a family receiving aid under this chapter that includes
5an individual who is ineligible pursuant to subdivision (a), a county
6shall issue vouchers or vendor payments for at least rent and
7utilities payments.

begin insert

8(c) This section shall become inoperative on April 1, 2015, and,
9as of January 1, 2016, is repealed, unless a later enacted statute,
10that becomes operative on or before January 1, 2016, deletes or
11extends the dates on which it becomes inoperative and is repealed.

end insert
12begin insert

begin insertSEC. 46.end insert  

end insert

begin insertSection 11251.3 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert,
13as added by Section 1 of Chapter 284 of the Statutes of 1997, is
14amended to read:end insert

15

11251.3.  

(a) An individual shall be ineligible for aid under
16this chapter if the individual has been convicted in state or federal
17court after December 31, 1997, including any plea of guilty or
18nolo contendere, of a felony that has as an element the possession,
19use, or distribution of a controlled substance, defined in Section
20102(6) of the Controlled Substances Act (21 U.S.C. Sec. 802(6))
21or Division 10 (commencing with Section 11000) of the Health
22and Safety Code.

23(b) For a family receiving aid under this chapter that includes
24an individual who is ineligible pursuant to subdivision (a), a county
25shall issue vouchers or vendor payments for at least rent and
26utilities payments.

begin insert

27(c) This section shall become inoperative on April 1, 2015, and,
28as of January 1, 2016, is repealed, unless a later enacted statute,
29that becomes operative on or before January 1, 2016, deletes or
30extends the dates on which it becomes inoperative and is repealed.

end insert
31begin insert

begin insertSEC. 47.end insert  

end insert

begin insertSection 11251.3 is added to the end insertbegin insertWelfare and
32Institutions Code
end insert
begin insert, to read:end insert

begin insert
33

begin insert11251.3.end insert  

(a) Subject to the limitations of subdivision (b),
34pursuant to Section 115(d)(1)(A) of Public Law 104-193 (21 U.S.C.
35Sec. 862a(d)(1)(A)), California opts out of the provisions of Section
36115(a)(1) of Public Law 104-193 (21 U.S.C. Sec. 862a(a)(1)). An
37individual convicted as an adult in state or federal court after
38December 31, 1997, including any plea of nolo contendere, of any
39offense classified as a felony that has as an element the possession,
40use, or distribution of a controlled substance, as defined in Section
P120  1102(6) of the federal Controlled Substances Act (21 U.S.C. Sec.
2802(6)) or Division 10 (commencing with Section 11000) of the
3Health and Safety Code, shall be eligible to receive CalWORKs
4benefits under this section.

5(b) As a condition of eligibility for CalWORKs pursuant to
6subdivision (a), an applicant or recipient described in subdivision
7(a) who is on probation or parole shall comply with the terms of
8the probation or parole, including participation in a
9government-recognized drug treatment program, if required. If
10the county human services agency receives verification that the
11individual is ineligible pursuant to subdivision (a) of Section
1211486.5, the individual shall be ineligible for CalWORKs benefits
13under this section until he or she is no longer in violation of
14probation or parole or a fleeing felon. Verification shall be
15obtained using existing county human services agency protocols
16to determine eligibility.

17(c) This section shall become operative on April 1, 2015.

end insert
18begin insert

begin insertSEC. 48.end insert  

end insert

begin insertSection 17012.5 of the end insertbegin insertWelfare and Institutions Codeend insert
19begin insert is amended to read:end insert

20

17012.5.  

begin insert(a)end insertbegin insertend insertAn individual ineligible for aid under Chapter 2
21(commencing with Section 11200) of Part 3 pursuant to Section
2211251.3, who is a member of an assistance unit receiving aid under
23that chapter, shall also be ineligible for non-health-care benefits
24under this part.

begin insert

25(b) This section shall become inoperative on April 1, 2015, and,
26as of January 1, 2016, is repealed, unless a later enacted statute,
27that becomes operative on or before January 1, 2016, deletes or
28extends the dates on which it becomes inoperative and is repealed.

end insert
29begin insert

begin insertSEC. 49.end insert  

end insert

begin insertSection 18901.3 of the end insertbegin insertWelfare and Institutions Codeend insert
30begin insert is amended to read:end insert

31

18901.3.  

(a) Subject to the limitations of subdivision (b),
32pursuant to Section 115(d)(1)(A) of Public Law 104-193 (21 U.S.C.
33Sec. 862a(d)(1)(A)), California opts out of the provisions of Section
34115(a)(2) of Public Law 104-193 (21 U.S.C. Sec. 862a(a)(2)). A
35convicted drug felon shall be eligible to receive CalFresh benefits
36under this section.

37(b) Subdivision (a) does not apply to a person who has been
38convicted of unlawfully transporting, importing into this state,
39selling, furnishing, administering, giving away, possessing for
40sale, purchasing for purposes of sale, manufacturing a controlled
P121  1substance, possessing precursors with the intent to manufacture a
2controlled substance, or cultivating, harvesting, or processing
3marijuana or any part thereof pursuant to Section 11358 of the
4Health and Safety Code.

5(c) Subdivision (a) does not apply to a person who has been
6convicted of unlawfully soliciting, inducing, encouraging, or
7intimidating a minor to participate in any activity listed in
8subdivision (b).

9(d) As a condition of eligibility to receive CalFresh benefits
10pursuant to subdivision (a), an applicant convicted of a felony drug
11offense that is not excluded under subdivision (b) or (c) shall be
12required to provide proof of one of the following subsequent to
13the most recent drug-related conviction:

14(1) Completion of a government-recognized drug treatment
15program.

16(2) Participation in a government-recognized drug treatment
17program.

18(3) Enrollment in a government-recognized drug treatment
19program.

20(4) Placement on a waiting list for a government-recognized
21drug treatment program.

22(5) Other evidence that the illegal use of controlled substances
23has ceased, as established by State Department of Social Services
24regulations.

25(e) Notwithstanding the Administrative Procedure Act (Chapter
263.5 (commencing with Section 11340) of Part 1 of Division 3 of
27Title 2 of the Government Code), the department may implement
28this section through an all-county letter or similar instructions from
29the director no later than January 1, 2005.

30(f) The department shall adopt regulations as otherwise
31necessary to implement this section no later than July 1, 2005.
32Emergency regulations adopted for implementation of this section
33may be adopted by the director in accordance with the
34Administrative Procedure Act. The adoption of emergency
35regulations shall be deemed to be an emergency and necessary for
36immediate preservation of the public peace, health and safety, or
37general welfare. The emergency regulations shall be exempt from
38review by the Office of Administrative Law. The emergency
39regulations authorized by this section shall be submitted to the
P122  1Office of Administrative Law for filing with the Secretary of State
2and shall remain in effect for no more than 180 days.

begin insert

3(g) This section shall become inoperative on April 1, 2015, and,
4as of January 1, 2016, is repealed, unless a later enacted statute,
5that becomes operative on or before January 1, 2016, deletes or
6extends the dates on which it becomes inoperative and is repealed.

end insert
7begin insert

begin insertSEC. 50.end insert  

end insert

begin insertSection 18901.3 is added to the end insertbegin insertWelfare and
8Institutions Code
end insert
begin insert, to read:end insert

begin insert
9

begin insert18901.3.end insert  

(a) Subject to the limitations of subdivision (b),
10pursuant to Section 115(d)(1)(A) of Public Law 104-193 (21 U.S.C.
11Sec. 862a(d)(1)(A)), California opts out of the provisions of Section
12115(a)(2) of Public Law 104-193 (21 U.S.C. Sec. 862a(a)(2)). An
13individual convicted as an adult in state or federal court after
14December 31, 1997, including any plea of guilty or nolo
15contendere, of any offense classified as a felony that has as an
16element the possession, use, or distribution of a controlled
17substance, as defined in Section 102(6) of the federal Controlled
18Substances Act (21 U.S.C. Sec. 802(6)) or Division 10
19(commencing with Section 11000) of the Health and Safety Code,
20shall be eligible to receive CalFresh benefits as provided for under
21this section.

22(b) As a condition of eligibility to receive CalFresh benefits
23pursuant to subdivision (a), an applicant or recipient described
24in subdivision (a) who is on probation or parole shall comply with
25the terms of the probation or parole, including participation in a
26government-recognized drug treatment program, if required. If
27the county human services agency receives verification that the
28individual is in violation of probation or parole or that the
29individual is a fleeing felon pursuant to federal law, the individual
30shall be ineligible for CalFresh benefits under this section until
31the person is no longer in violation of probation or parole or a
32fleeing felon pursuant to federal law. Verification shall be obtained
33using existing county human services agency protocols to determine
34eligibility.

35(c) This section shall become operative on April 1, 2015.

end insert
36begin insert

begin insertSEC. 51.end insert  

end insert

begin insertNotwithstanding the rulemaking provisions of the
37Administrative Procedure Act (Chapter 3.5 (commencing with
38Section 11340) of Part 1 of Division 3 of Title 2 of the Government
39Code), until January 1, 2016, the department may implement and
40administer Sections 40 to 46, inclusive, of this act by all-county
P123  1letters or similar instructions. The all-county letters or similar
2instructions shall be developed in consultation with the Chief
3Probation Officers of California, the County Welfare Directors
4Association of California, and client advocates. The department
5shall adopt regulations implementing Sections 40 to 46, inclusive,
6of this act by January 1, 2016.end insert

7begin insert

begin insertSEC. 52.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant
8to Section 6 of Article XIII B of the California Constitution for
9certain costs that may be incurred by a local agency or school
10district because, in that regard, this act creates a new crime or
11infraction, eliminates a crime or infraction, or changes the penalty
12for a crime or infraction, within the meaning of Section 17556 of
13the Government Code, or changes the definition of a crime within
14the meaning of Section 6 of Article XIII B of the California
15Constitution.

end insert
begin insert

16However, if the Commission on State Mandates determines that
17this act contains other costs mandated by the state, reimbursement
18to local agencies and school districts for those costs shall be made
19pursuant to Part 7 (commencing with Section 17500) of Division
204 of Title 2 of the Government Code.

end insert
21begin insert

begin insertSEC. 53.end insert  

end insert
begin insert

This act is a bill providing for appropriations related
22to the Budget Bill within the meaning of subdivision (e) of Section
2312 of Article IV of the California Constitution, has been identified
24as related to the budget in the Budget Bill, and shall take effect
25immediately.

end insert
begin delete
26

SECTION 1.  

It is the intent of the Legislature to enact statutory
27changes relating to the Budget Act of 2014.

end delete


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