Amended in Senate January 6, 2014

Senate BillNo. 199


Introduced bybegin delete Senatorend deletebegin insert Senatorsend insert De Leónbegin insert, Evans, and Wolkend insert

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(Principal coauthors: Assembly Members Chesbro, Levine, and Yamada)

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February 7, 2013


An act to amend Sectionsbegin delete 1230 and 1230.1end deletebegin insert 16250 and 16700end insert of the Penal Code, relating tobegin delete community correctionsend deletebegin insert BB devicesend insert.

LEGISLATIVE COUNSEL’S DIGEST

SB 199, as amended, De León. begin deleteProbation: community corrections. end deletebegin insertBB devices.end insert

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Existing law prohibits a person from furnishing a BB device, defined to include a spot marker gun, to a minor without the permission of the minor’s parent or guardian, and prohibits selling a BB device to a minor. Violation of either of these prohibitions is a crime. Existing law defines a BB device as any instrument that expels a projectile, such as a BB or pellet, that does not exceed 6 millimeters in caliber.

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This bill would delete the 6 millimeter restriction from the definition of a BB device. By including a device that expels a BB or pellet that exceeds 6 millimeters in caliber within the definition of a BB device, this bill would expand the scope of existing crimes, and impose a state-mandated local program.

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Existing law generally prohibits anyone from purchasing, selling, manufacturing, shipping, transporting, distributing, or receiving an imitation firearm. A person is liable for a civil fine of not more than $10,000 for a violation of this prohibition. Existing law excludes BB devices from the definition of imitation firearm for these purposes.

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This bill would include BB devices within the definition of imitation firearm for purposes of that prohibition, but would exclude spot marker guns that expel a projectile larger that 10 millimeters in caliber.

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Existing law, for purposes of regulating imitation firearms, adopts coloration and construction schemes prescribed by federal law. Existing law includes a cross-reference to those federal provisions.

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This bill would delete the federal provision cross-reference.

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Existing law authorizes each county to establish a Community Corrections Performance Incentives Fund to receive state moneys to implement a community corrections program consisting of a system of felony probation supervision services to, among other things, manage and reduce offender risk while under felony probation supervision and upon reentry from jail into the community. Existing law requires a community corrections program to be implemented by probation and advised by a local Community Corrections Partnership, consisting of specified members, including, but not limited to, the sheriff and a chief of police. Existing law requires a Community Corrections Partnership to recommend a local plan to the county board of supervisors for the implementation of public safety realignment.

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This bill would add a rank-and-file deputy sheriff or a rank-and-file police officer, and a rank-and-file probation officer or a deputy probation officer, each to be appointed by a local labor organization, to the membership of a Community Corrections Partnership. The bill would require the vote of the rank-and-file deputy sheriff or rank-and-file police officer, and the rank-and-file probation officer or a deputy probation officer, on the local plan.

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Vote: majority. Appropriation: no. 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:

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 16250 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
2read:end insert

P3    1

16250.  

As used in this part, “BB device” means any instrument
2that expels a projectile, such as a BB or a pellet,begin delete not exceeding
36mm caliber,end delete
through the force of air pressure, gas pressure, or
4spring action, or any spot marker gun.

5begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 16700 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

6

16700.  

(a) As used in this part, “imitation firearm” means any
7BB device, toy gun, replica of a firearm, or other device that is so
8substantially similar in coloration and overall appearance to an
9existing firearm as to lead a reasonable person to perceive that the
10device is a firearm.

11(b) As used in Section 20165, “imitation firearm” does not
12include any of the following:

13(1) A nonfiring collector’s replica that is historically significant,
14and is offered for sale in conjunction with a wall plaque or
15presentation case.

16(2) Abegin delete BB deviceend deletebegin insert spot marker gun which expels a projectile that
17is greater than 10mm caliberend insert
.

18(3) A device where the entire exterior surface of the device is
19white, bright red, bright orange, bright yellow, bright green, bright
20blue, bright pink, or bright purple, either singly or as the
21predominant color in combination with other colors in any pattern,
22begin delete as provided by federal regulations governing imitation firearms,end delete
23 or where the entire device is constructed of transparent or
24translucent materials which permits unmistakable observation of
25the device’s completebegin delete contents, as provided by federal regulations
26governing imitation firearmsend delete
begin insert contentsend insert.

27begin insert

begin insertSEC. 3.end insert  

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No reimbursement is required by this act pursuant to
28Section 6 of Article XIII B of the California Constitution because
29the only costs that may be incurred by a local agency or school
30district will be incurred because this act creates a new crime or
31infraction, eliminates a crime or infraction, or changes the penalty
32for a crime or infraction, within the meaning of Section 17556 of
33the Government Code, or changes the definition of a crime within
34the meaning of Section 6 of Article XIII B of the California
35Constitution.

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36

SECTION 1.  

Section 1230 of the Penal Code is amended to
37read:

38

1230.  

(a) Each county is hereby authorized to establish in each
39county treasury a Community Corrections Performance Incentives
P4    1Fund (CCPIF), to receive all amounts allocated to that county for
2purposes of implementing this chapter.

3(b) In any fiscal year for which a county receives moneys to be
4expended for the implementation of this chapter, the moneys,
5including interest, shall be made available to the CPO of that
6county, within 30 days of the deposit of those moneys into the
7fund, for the implementation of the community corrections program
8authorized by this chapter.

9(1) The community corrections program shall be developed and
10implemented by probation and advised by a local Community
11Corrections Partnership.

12(2) The local Community Corrections Partnership shall be
13chaired by the CPO and comprised of the following membership:

14(A) The presiding judge of the superior court, or his or her
15designee.

16(B) A county supervisor or the chief administrative officer for
17the county or a designee of the board of supervisors.

18(C) The district attorney.

19(D) The public defender.

20(E) The sheriff.

21(F) A rank-and-file deputy sheriff or a rank-and-file police
22officer, appointed by the local labor organization.

23 (G) A chief of police.

24(H) A rank-and-file probation officer or a deputy probation
25officer, appointed by the local labor organization.

26 (I) The head of the county department of social services.

27 (J) The head of the county department of mental health.

28 (K) The head of the county department of employment.

29 (L) The head of the county alcohol and substance abuse
30programs.

31 (M) The head of the county office of education.

32 (N) A representative from a community-based organization with
33experience in successfully providing rehabilitative services to
34persons who have been convicted of a criminal offense.

35 (O) An individual who represents the interests of victims.

36(3) Funds allocated to probation pursuant to this act shall be
37used to provide supervision and rehabilitative services for adult
38felony offenders subject to probation, and shall be spent on
39evidence-based community corrections practices and programs,
P5    1as defined in subdivision (d) of Section 1229, which may include,
2but are not limited to, the following:

3(A) Implementing and expanding evidence-based risk and needs
4assessments.

5(B) Implementing and expanding intermediate sanctions that
6include, but are not limited to, electronic monitoring, mandatory
7community service, home detention, day reporting, restorative
8justice programs, work furlough programs, and incarceration in
9county jail for up to 90 days.

10(C) Providing more intensive probation supervision.

11(D) Expanding the availability of evidence-based rehabilitation
12programs, including, but not limited to, drug and alcohol treatment,
13mental health treatment, anger management, cognitive behavior
14programs, and job training and employment services.

15(E) Evaluating the effectiveness of rehabilitation and supervision
16programs and ensuring program fidelity.

17(4) The CPO shall have discretion to spend funds on any of the
18above practices and programs consistent with this act but, at a
19minimum, shall devote at least 5 percent of all funding received
20to evaluate the effectiveness of those programs and practices
21implemented with the funds provided pursuant to this chapter. A
22CPO may petition the Administrative Office of the Courts to have
23this restriction waived, and the Administrative Office of the Courts
24shall have the authority to grant that petition, if the CPO can
25demonstrate that the department is already devoting sufficient
26funds to the evaluation of these programs and practices.

27(5) Each probation department receiving funds under this chapter
28shall maintain a complete and accurate accounting of all funds
29received pursuant to this chapter.

30

SEC. 2.  

Section 1230.1 of the Penal Code is amended to read:

31

1230.1.  

(a) Each county local Community Corrections
32Partnership established pursuant to subdivision (b) of Section 1230
33shall recommend a local plan to the county board of supervisors
34for the implementation of the 2011 public safety realignment.

35(b) The plan shall be voted on by an executive committee of
36each county’s Community Corrections Partnership consisting of
37the chief probation officer of the county as chair, a chief of police,
38the sheriff, a rank-and-file deputy sheriff or a rank-and-file police
39officer, the district attorney, the public defender, the presiding
40judge of the superior court, or his or her designee, a rank-and-file
P6    1probation officer or a deputy probation officer, and one department
2representative listed in either subparagraph (I), (J), or (L) of
3paragraph (2) of subdivision (b) of Section 1230, as designated by
4the county board of supervisors for purposes related to the
5development and presentation of the plan.

6(c) The plan shall be deemed accepted by the county board of
7supervisors unless the board rejects the plan by a vote of four-fifths
8of the board, in which case the plan goes back to the Community
9Corrections Partnership for further consideration.

10(d) Consistent with local needs and resources, the plan may
11include recommendations to maximize the effective investment
12of criminal justice resources in evidence-based correctional
13sanctions and programs, including, but not limited to, day reporting
14centers, drug courts, residential multiservice centers, mental health
15treatment programs, electronic and GPS monitoring programs,
16victim restitution programs, counseling programs, community
17service programs, educational programs, and work training
18programs.

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