Senate Bill No. 514

Introduced by Committee on Public Safety (Senators Hancock (Chair), Anderson, Block, De León, Knight, Liu, and Steinberg)

February 21, 2013

An act to amend Sections 289.6, 781, 1203.097, 1203.47, 1233.1, and 1305.4 of the Penal Code, and to amend Section 726 of the Welfare and Institutions Code, relating to crimes.

LEGISLATIVE COUNSEL’S DIGEST

SB 514, as introduced, Committee on Public Safety. Crimes.

(1) Existing law provides that anyone who is convicted of a felony violation of specified crimes who is employed by a department, board, or authority within the Department of Corrections and Rehabilitation shall be terminated in accordance with the State Civil Service Act. Existing law also provides that anyone who has been convicted of a felony violation of specified crimes shall not be eligible to be hired or reinstated by a department, board, or authority within the department.

This bill would make technical, nonsubstantive changes to this provision.

(2) Except as specified, when a public offense is committed in part in one jurisdictional territory and in part in another, jurisdictional territory or the acts or effects thereof constituting or requisite to the consummation of the offense occur in 2 or more jurisdictional territories, the jurisdiction for the offense is in any competent court within either jurisdictional territory.

This bill would make technical, nonsubstantive changes to that provision.

(3) Existing law requires that if a person is granted probation for a crime in which the victim is a specified person, the terms of probation must include, but are not limited to, a minimum period of probation of 36 months, which may include a period of summary probation as appropriate, and successful completion of a batterer’s program, as defined, or if none is available, another appropriate counseling program designated by the court, as specified. Existing law requires the court or the probation department to refer defendants only to batterer’s program that follow specified standards, which may include, but are not limited to, lectures, classes, group discussions, and counseling. Existing law confers upon the probation department sole authority to approve a batterer’s program for probation, and the program must obtain only one approval but must renew that approval annually. Existing law makes an act or omission relating to the approval of a batterer’s treatment program a discretionary act.

This bill would make a technical, nonsubstantive change to the latter provision.

(4) Existing law permits a specified person, upon reaching 18 years of age and by reason of the commission of a specified offense, to petition the court to have his or her record sealed, except that, as pertaining to any records regarding the commission of a specified offense, it is not a requirement in granting the petition for the person to show that he or she has not been convicted of a felony or of any misdemeanor involving moral turpitude, or that rehabilitation has been attained to the satisfaction of the court. Existing law requires that upon granting the petition, all records relating to specified violations be sealed. Existing law makes this relief inapplicable to a person convicted of specified offenses.

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

(5) Existing law requires the Director of Finance to, in consultation with the Department of Corrections and Rehabilitation, the Joint Legislative Budget Committee, the Chief Probation Officers of California, and the Administrative Office of the Courts, after the conclusion of each calendar year following the enactment of this section, make specified calculations for that calendar year. Under existing law, these calculations include, but are not limited to, the cost to the state to incarcerate in prison and supervise on parole a probationer sent to prison, and the statewide probation to prison rate, as specified.

This bill would make a technical, nonsubstantive change to the latter provision.

(6) Existing law permits the surety insurer, the bail agent, the surety, or the depositor to file a motion, based upon good cause, for an order to extend the 180-day period following forfeiture of the undertaking of bail or the money or property deposited as bail, as specified. Existing law permits the court, upon a hearing and a showing of good cause, to order the period extended to a time not exceeding 180 days from its order. Existing law permits a motion to be filed and calendared, as specified.

This bill would make a technical, nonsubstantive change to the latter provision.

(7) Existing law permits the court, in all cases in which a minor is adjudged a ward or dependent child of the court, to limit the control to be exercised over the ward or dependent child by any parent or guardian. Existing law requires the court to, in its order, clearly and specifically set forth all those limitations, but prohibits a ward or dependent child from being taken from the physical custody of a parent or guardian, unless upon the hearing the court finds one of specified facts. Existing law also requires that whenever the court specifically limits the right of the parent or guardian to make educational or developmental services decisions for the minor, the court must at the same time appoint a responsible adult to make educational or developmental services decisions for the child until one of specified events occurs, including, but not limited to, if the minor reaches 18 years of age, except as specified, or is deemed by the court to be incompetent.

This bill would make technical, nonsubstantive changes to the latter provision.

(8) This bill would provide that any section of any act enacted by the Legislature during the 2013 calendar year that takes effect on or before January 1, 2014, and affects any section of this act, would prevail over this act, whether that act is enacted prior to, or subsequent to, the enactment of this act.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

SECTION 1.  

Section 289.6 of the Penal Code is amended to
read:

289.6.  

(a) (1) An employee or officer of a public entity health
facility, or an employee, officer, or agent of a private person or
entity that provides a health facility or staff for a health facility
under contract with a public entity, who engages in sexual activity
with a consenting adult who is confined in a health facility is guilty
of a public offense. As used in this paragraph, “health facility”
means a health facility as defined in subdivisions (b), (e), (g), (h),
and (j) of, and subparagraph (C) of paragraph (2) of subdivision
(i) of, Section 1250 of the Health and Safety Code, in which the
victim has been confined involuntarily.

(2) An employee or officer of a public entity detention facility,
or an employee, officer, agent of a private person or entity that
provides a detention facility or staff for a detention facility, a
person or agent of a public or private entity under contract with a
detention facility, a volunteer of a private or public entity detention
facility, or a peace officer who engages in sexual activity with a
consenting adult who is confined in a detention facility is guilty
of a public offense.

(3) An employee with a department, board, or authority under
the begin delete California end delete Department of Corrections and Rehabilitation or a
facility under contract with a department, board, or authority under
the begin delete California end delete Department of Corrections and Rehabilitation, who,
during the course of his or her employment directly provides
treatment, care, control, or supervision of inmates, wards, or
parolees, and who engages in sexual activity with a consenting
adult who is an inmate, ward, or parolee, is guilty of a public
offense.

(b) As used in this section, the term “public entity” means the
state, federal government, a city, a county, a city and county, a
joint county jail district, or any entity created as a result of a joint
powers agreement between two or more public entities.

(c) As used in this section, the term “detention facility” means:

(1) A prison, jail, camp, or other correctional facility used for
the confinement of adults or both adults and minors.

(2) A building or facility used for the confinement of adults or
adults and minors pursuant to a contract with a public entity.

(3) A room that is used for holding persons for interviews,
interrogations, or investigations and that is separate from a jail or
located in the administrative area of a law enforcement facility.

(4) A vehicle used to transport confined persons during their
period of confinement, including transporting a person after he or
she has been arrested but has not been booked.

(5) A court holding facility located within or adjacent to a court
building that is used for the confinement of persons for the purpose
of court appearances.

(d) As used in this section, “sexual activity” means:

(1) Sexual intercourse.

(2) Sodomy, as defined in subdivision (a) of Section 286.

(3) Oral copulation, as defined in subdivision (a) of Section
288a.

(4) Sexual penetration, as defined in subdivision (k) of Section
289.

(5) The rubbing or touching of the breasts or sexual organs of
another, or of oneself in the presence of and with knowledge of
another, with the intent of arousing, appealing to, or gratifying the
lust, passions, or sexual desires of oneself or another.

(e) Consent by a confined person or parolee to sexual activity
proscribed by this section is not a defense to a criminal prosecution
for violation of this section.

(f) This section does not apply to sexual activity between
consenting adults that occurs during an overnight conjugal visit
that takes place pursuant to a court order or with the written
approval of an authorized representative of the public entity that
operates or contracts for the operation of the detention facility
where the conjugal visit takes place, to physical contact or
penetration made pursuant to a lawful search, or bona fide medical
examinations or treatments, including clinical treatments.

(g) Any violation of paragraph (1) of subdivision (a), or a
violation of paragraph (2) or (3) of subdivision (a) as described in
paragraph (5) of subdivision (d), is a misdemeanor.

(h) Any violation of paragraph (2) or (3) of subdivision (a), as
described in paragraph (1), (2), (3), or (4) of subdivision (d), shall
be punished by imprisonment in a county jail not exceeding one
year, or in the state prison, or by a fine of not more than ten
thousand dollars ($10,000) or by both that fine and imprisonment.

(i) Any person previously convicted of a violation of this section
shall, upon a subsequent violation, be guilty of a felony.

(j) Anyone who is convicted of a felony violation of this section
who is employed by a department, board, or authority within the
begin delete Youth and Adult Correctional Agency end delete begin insert Department of Corrections
and Rehabilitation end insert shall be terminated in accordance with the State
Civil Service Act (Part 2 (commencing with Section 18500) of
Division 5 of Title 2 of the Government Code). Anyone who has
been convicted of a felony violation of this section shall not be
eligible to be hired or reinstated by a department, board, or
authority within the Youth and Adult Correctional Agency.

SEC. 2.  

Section 781 of the Penal Code is amended to read:

781.  

Except as provided in Section 923, when a public offense
is committed in part in one jurisdictional territory and in part in
begin delete another, end delete begin insert another end insert jurisdictional begin delete territory end delete begin insert territory, end insert or the acts or
effects thereof constituting or requisite to the consummation of
the offense occur in two or more jurisdictional territories, the
jurisdiction for the offense is in any competent court within either
jurisdictional territory.

SEC. 3.  

Section 1203.097 of the Penal Code is amended to
read:

1203.097.  

(a) If a person is granted probation for a crime in
which the victim is a person defined in Section 6211 of the Family
Code, the terms of probation shall include all of the following:

(1) A minimum period of probation of 36 months, which may
include a period of summary probation as appropriate.

(2) A criminal court protective order protecting the victim from
further acts of violence, threats, stalking, sexual abuse, and
harassment, and, if appropriate, containing residence exclusion or
stay-away conditions.

(3) Notice to the victim of the disposition of the case.

(4) Booking the defendant within one week of sentencing if the
defendant has not already been booked.

(5) (A) A minimum payment by the defendant of five hundred
dollars ($500) to be disbursed as specified in this paragraph. If,
after a hearing in open court, the court finds that the defendant
does not have the ability to pay, the court may reduce or waive
this fee. If the court exercises its discretion to reduce or waive the
fee, it shall state the reason on the record.

(B) Two-thirds of the moneys deposited with the county
treasurer pursuant to this section shall be retained by counties and
deposited in the domestic violence programs special fund created
pursuant to Section 18305 of the Welfare and Institutions Code,
to be expended for the purposes of Chapter 5 (commencing with
Section 18290) of Part 6 of Division 9 of the Welfare and
Institutions Code. The remainder shall be transferred, once a month,
to the Controller for deposit in equal amounts in the Domestic
Violence Restraining Order Reimbursement Fund and in the
Domestic Violence Training and Education Fund, which are hereby
created, in an amount equal to one-third of funds collected during
the preceding month. Moneys deposited into these funds pursuant
to this section shall be available upon appropriation by the
Legislature and shall be distributed each fiscal year as follows:

(i) Funds from the Domestic Violence Restraining Order
Reimbursement Fund shall be distributed to local law enforcement
or other criminal justice agencies for state-mandated local costs
resulting from the notification requirements set forth in subdivision
(b) of Section 6380 of the Family Code, based on the annual
notification from the Department of Justice of the number of
restraining orders issued and registered in the state domestic
violence restraining order registry maintained by the Department
of Justice, for the development and maintenance of the domestic
violence restraining order databank system.

(ii) Funds from the Domestic Violence Training and Education
Fund shall support a statewide training and education program to
increase public awareness of domestic violence and to improve
the scope and quality of services provided to the victims of
domestic violence. Grants to support this program shall be awarded
on a competitive basis and be administered by the State Department
of Public Health, in consultation with the statewide domestic
violence coalition, which is eligible to receive funding under this
section.

(6) Successful completion of a batterer’s program, as defined
in subdivision (c), or if none is available, another appropriate
counseling program designated by the court, for a period not less
than one year with periodic progress reports by the program to the
court every three months or less and weekly sessions of a minimum
of two hours class time duration. The defendant shall attend
consecutive weekly sessions, unless granted an excused absence
for good cause by the program for no more than three individual
sessions during the entire program, and shall complete the program
within 18 months, unless, after a hearing, the court finds good
cause to modify the requirements of consecutive attendance or
completion within 18 months.

(7) (A) (i) The court shall order the defendant to comply with
all probation requirements, including the requirements to attend
counseling, keep all program appointments, and pay program fees
based upon the ability to pay.

(ii) The terms of probation for offenders shall not be lifted until
all reasonable fees due to the counseling program have been paid
in full, but in no case shall probation be extended beyond the term
provided in subdivision (a) of Section 1203.1. If the court finds
that the defendant does not have the ability to pay the fees based
on the defendant’s changed circumstances, the court may reduce
or waive the fees.

(B) Upon request by the batterer’s program, the court shall
provide the defendant’s arrest report, prior incidents of violence,
and treatment history to the program.

(8) The court also shall order the defendant to perform a
specified amount of appropriate community service, as designated
by the court. The defendant shall present the court with proof of
completion of community service and the court shall determine if
the community service has been satisfactorily completed. If
sufficient staff and resources are available, the community service
shall be performed under the jurisdiction of the local agency
overseeing a community service program.

(9) If the program finds that the defendant is unsuitable, the
program shall immediately contact the probation department or
the court. The probation department or court shall either recalendar
the case for hearing or refer the defendant to an appropriate
alternative batterer’s program.

(10) (A) Upon recommendation of the program, a court shall
require a defendant to participate in additional sessions throughout
the probationary period, unless it finds that it is not in the interests
of justice to do so, states its reasons on the record, and enters them
into the minutes. In deciding whether the defendant would benefit
from more sessions, the court shall consider whether any of the
following conditions exists:

(i) The defendant has been violence free for a minimum of six
months.

(ii) The defendant has cooperated and participated in the
batterer’s program.

(iii) The defendant demonstrates an understanding of and
practices positive conflict resolution skills.

(iv) The defendant blames, degrades, or has committed acts that
dehumanize the victim or puts at risk the victim’s safety, including,
but not limited to, molesting, stalking, striking, attacking,
threatening, sexually assaulting, or battering the victim.

(v) The defendant demonstrates an understanding that the use
of coercion or violent behavior to maintain dominance is
unacceptable in an intimate relationship.

(vi) The defendant has made threats to harm anyone in any
manner.

(vii) The defendant has complied with applicable requirements
under paragraph (6) of subdivision (c) or subparagraph (C) to
receive alcohol counseling, drug counseling, or both.

(viii) The defendant demonstrates acceptance of responsibility
for the abusive behavior perpetrated against the victim.

(B) The program shall immediately report any violation of the
terms of the protective order, including any new acts of violence
or failure to comply with the program requirements, to the court,
the prosecutor, and, if formal probation has been ordered, to the
probation department. The probationer shall file proof of
enrollment in a batterer’s program with the court within 30 days
of conviction.

(C) Concurrent with other requirements under this section, in
addition to, and not in lieu of, the batterer’s program, and unless
prohibited by the referring court, the probation department or the
court may make provisions for a defendant to use his or her
resources to enroll in a chemical dependency program or to enter
voluntarily a licensed chemical dependency recovery hospital or
residential treatment program that has a valid license issued by the
state to provide alcohol or drug services to receive program
participation credit, as determined by the court. The probation
department shall document evidence of this hospital or residential
treatment participation in the defendant’s program file.

(11) The conditions of probation may include, in lieu of a fine,
but not in lieu of the fund payment required under paragraph (5),
one or more of the following requirements:

(A) That the defendant make payments to a battered women’s
shelter, up to a maximum of five thousand dollars ($5,000).

(B) That the defendant reimburse the victim for reasonable
expenses that the court finds are the direct result of the defendant’s
offense.

For any order to pay a fine, to make payments to a battered
women’s shelter, or to pay restitution as a condition of probation
under this subdivision, the court shall make a determination of the
defendant’s ability to pay. Determination of a defendant’s ability
to pay may include his or her future earning capacity. A defendant
shall bear the burden of demonstrating lack of his or her ability to
pay. Express findings by the court as to the factors bearing on the
amount of the fine shall not be required. In no event shall any order
to make payments to a battered women’s shelter be made if it
would impair the ability of the defendant to pay direct restitution
to the victim or court-ordered child support. When the injury to a
married person is caused, in whole or in part, by the criminal acts
of his or her spouse in violation of this section, the community
property shall not be used to discharge the liability of the offending
spouse for restitution to the injured spouse, as required by Section
1203.04, as operative on or before August 2, 1995, or Section
1202.4, or to a shelter for costs with regard to the injured spouse,
until all separate property of the offending spouse is exhausted.

(12) If it appears to the prosecuting attorney, the court, or the
probation department that the defendant is performing
unsatisfactorily in the assigned program, is not benefiting from
counseling, or has engaged in criminal conduct, upon request of
the probation officer, the prosecuting attorney, or on its own
motion, the court, as a priority calendar item, shall hold a hearing
to determine whether further sentencing should proceed. The court
may consider factors, including, but not limited to, any violence
by the defendant against the former or a new victim while on
probation and noncompliance with any other specific condition of
probation. If the court finds that the defendant is not performing
satisfactorily in the assigned program, is not benefiting from the
program, has not complied with a condition of probation, or has
engaged in criminal conduct, the court shall terminate the
defendant’s participation in the program and shall proceed with
further sentencing.

(b) If a person is granted formal probation for a crime in which
the victim is a person defined in Section 6211 of the Family Code,
in addition to the terms specified in subdivision (a), all of the
following shall apply:

(1) The probation department shall make an investigation and
take into consideration the defendant’s age, medical history,
employment and service records, educational background,
community and family ties, prior incidents of violence, police
report, treatment history, if any, demonstrable motivation, and
other mitigating factors in determining which batterer’s program
would be appropriate for the defendant. This information shall be
provided to the batterer’s program if it is requested. The probation
department shall also determine which community programs the
defendant would benefit from and which of those programs would
accept the defendant. The probation department shall report its
findings and recommendations to the court.

(2) The court shall advise the defendant that the failure to report
to the probation department for the initial investigation, as directed
by the court, or the failure to enroll in a specified program, as
directed by the court or the probation department, shall result in
possible further incarceration. The court, in the interests of justice,
may relieve the defendant from the prohibition set forth in this
subdivision based upon the defendant’s mistake or excusable
neglect. Application for this relief shall be filed within 20 court
days of the missed deadline. This time limitation may not be
extended. A copy of any application for relief shall be served on
the office of the prosecuting attorney.

(3) After the court orders the defendant to a batterer’s program,
the probation department shall conduct an initial assessment of
the defendant, including, but not limited to, all of the following:

(A) Social, economic, and family background.

(B) Education.

(C) Vocational achievements.

(D) Criminal history.

(E) Medical history.

(F) Substance abuse history.

(G) Consultation with the probation officer.

(H) Verbal consultation with the victim, only if the victim
desires to participate.

(I) Assessment of the future probability of the defendant
committing murder.

(4) The probation department shall attempt to notify the victim
regarding the requirements for the defendant’s participation in the
batterer’s program, as well as regarding available victim resources.
The victim also shall be informed that attendance in any program
does not guarantee that an abuser will not be violent.

(c) The court or the probation department shall refer defendants
only to batterer’s programs that follow standards outlined in
paragraph (1), which may include, but are not limited to, lectures,
classes, group discussions, and counseling. The probation
department shall design and implement an approval and renewal
process for batterer’s programs and shall solicit input from criminal
justice agencies and domestic violence victim advocacy programs.

(1) The goal of a batterer’s program under this section shall be
to stop domestic violence. A batterer’s program shall consist of
the following components:

(A) Strategies to hold the defendant accountable for the violence
in a relationship, including, but not limited to, providing the
defendant with a written statement that the defendant shall be held
accountable for acts or threats of domestic violence.

(B) A requirement that the defendant participate in ongoing
same-gender group sessions.

(C) An initial intake that provides written definitions to the
defendant of physical, emotional, sexual, economic, and verbal
abuse, and the techniques for stopping these types of abuse.

(D) Procedures to inform the victim regarding the requirements
for the defendant’s participation in the intervention program as
well as regarding available victim resources. The victim also shall
be informed that attendance in any program does not guarantee
that an abuser will not be violent.

(E) A requirement that the defendant attend group sessions free
of chemical influence.

(F) Educational programming that examines, at a minimum,
gender roles, socialization, the nature of violence, the dynamics
of power and control, and the effects of abuse on children and
others.

(G) A requirement that excludes any couple counseling or family
counseling, or both.

(H) Procedures that give the program the right to assess whether
or not the defendant would benefit from the program and to refuse
to enroll the defendant if it is determined that the defendant would
not benefit from the program, so long as the refusal is not because
of the defendant’s inability to pay. If possible, the program shall
suggest an appropriate alternative program.

(I) Program staff who, to the extent possible, have specific
knowledge regarding, but not limited to, spousal abuse, child abuse,
sexual abuse, substance abuse, the dynamics of violence and abuse,
the law, and procedures of the legal system.

(J) Program staff who are encouraged to utilize the expertise,
training, and assistance of local domestic violence centers.

(K) A requirement that the defendant enter into a written
agreement with the program, which shall include an outline of the
contents of the program, the attendance requirements, the
requirement to attend group sessions free of chemical influence,
and a statement that the defendant may be removed from the
program if it is determined that the defendant is not benefiting
from the program or is disruptive to the program.

(L) A requirement that the defendant sign a confidentiality
statement prohibiting disclosure of any information obtained
through participating in the program or during group sessions
regarding other participants in the program.

(M) Program content that provides cultural and ethnic
sensitivity.

(N) A requirement of a written referral from the court or
probation department prior to permitting the defendant to enroll
in the program. The written referral shall state the number of
minimum sessions required by the court.

(O) Procedures for submitting to the probation department all
of the following uniform written responses:

(i) Proof of enrollment, to be submitted to the court and the
probation department and to include the fee determined to be
charged to the defendant, based upon the ability to pay, for each
session.

(ii) Periodic progress reports that include attendance, fee
payment history, and program compliance.

(iii) Final evaluation that includes the program’s evaluation of
the defendant’s progress, using the criteria set forth in subparagraph
(A) of paragraph (10) of subdivision (a) and recommendation for
either successful or unsuccessful termination or continuation in
the program.

(P) A sliding fee schedule based on the defendant’s ability to
pay. The batterer’s program shall develop and utilize a sliding fee
scale that recognizes both the defendant’s ability to pay and the
necessity of programs to meet overhead expenses. An indigent
defendant may negotiate a deferred payment schedule, but shall
pay a nominal fee, if the defendant has the ability to pay the
nominal fee. Upon a hearing and a finding by the court that the
defendant does not have the financial ability to pay the nominal
fee, the court shall waive this fee. The payment of the fee shall be
made a condition of probation if the court determines the defendant
has the present ability to pay the fee. The fee shall be paid during
the term of probation unless the program sets other conditions.
The acceptance policies shall be in accordance with the scaled fee
system.

(2) The court shall refer persons only to batterer’s programs
that have been approved by the probation department pursuant to
paragraph (5). The probation department shall do both of the
following:

(A) Provide for the issuance of a provisional approval, provided
that the applicant is in substantial compliance with applicable laws
and regulations and an urgent need for approval exists. A
provisional approval shall be considered an authorization to provide
services and shall not be considered a vested right.

(B) If the probation department determines that a program is
not in compliance with standards set by the department, the
department shall provide written notice of the noncompliant areas
to the program. The program shall submit a written plan of
corrections within 14 days from the date of the written notice on
noncompliance. A plan of correction shall include, but not be
limited to, a description of each corrective action and timeframe
for implementation. The department shall review and approve all
or any part of the plan of correction and notify the program of
approval or disapproval in writing. If the program fails to submit
a plan of correction or fails to implement the approved plan of
correction, the department shall consider whether to revoke or
suspend approval and, upon revoking or suspending approval, shall
have the option to cease referrals of defendants under this section.

(3) No program, regardless of its source of funding, shall be
approved unless it meets all of the following standards:

(A) The establishment of guidelines and criteria for education
services, including standards of services that may include lectures,
classes, and group discussions.

(B) Supervision of the defendant for the purpose of evaluating
the person’s progress in the program.

(C) Adequate reporting requirements to ensure that all persons
who, after being ordered to attend and complete a program, may
be identified for either failure to enroll in, or failure to successfully
complete, the program or for the successful completion of the
program as ordered. The program shall notify the court and the
probation department, in writing, within the period of time and in
the manner specified by the court of any person who fails to
complete the program. Notification shall be given if the program
determines that the defendant is performing unsatisfactorily or if
the defendant is not benefiting from the education, treatment, or
counseling.

(D) No victim shall be compelled to participate in a program
or counseling, and no program may condition a defendant’s
enrollment on participation by the victim.

(4) In making referrals of indigent defendants to approved
batterer’s programs, the probation department shall apportion these
referrals evenly among the approved programs.

(5) The probation department shall have the sole authority to
approve a batterer’s program for probation. The program shall be
required to obtain only one approval but shall renew that approval
annually.

(A) The procedure for the approval of a new or existing program
shall include all of the following:

(i) The completion of a written application containing necessary
and pertinent information describing the applicant program.

(ii) The demonstration by the program that it possesses adequate
administrative and operational capability to operate a batterer’s
treatment program. The program shall provide documentation to
prove that the program has conducted batterer’s programs for at
least one year prior to application. This requirement may be waived
under subparagraph (A) of paragraph (2) if there is no existing
batterer’s program in the city, county, or city and county.

(iii) The onsite review of the program, including monitoring of
a session to determine that the program adheres to applicable
statutes and regulations.

(iv) The payment of the approval fee.

(B) The probation department shall fix a fee for approval not
to exceed two hundred fifty dollars ($250) and for approval renewal
not to exceed two hundred fifty dollars ($250) every year in an
amount sufficient to cover its costs in administering the approval
process under this section. No fee shall be charged for the approval
of local governmental entities.

(C) The probation department has the sole authority to approve
the issuance, denial, suspension, or revocation of approval and to
cease new enrollments or referrals to a batterer’s program under
this section. The probation department shall review information
relative to a program’s performance or failure to adhere to
standards, or both. The probation department may suspend or
revoke an approval issued under this subdivision or deny an
application to renew an approval or to modify the terms and
conditions of approval, based on grounds established by probation,
including, but not limited to, either of the following:

(i) Violation of this section by any person holding approval or
by a program employee in a program under this section.

(ii) Misrepresentation of any material fact in obtaining the
approval.

(6) For defendants who are chronic users or serious abusers of
drugs or alcohol, standard components in the program shall include
concurrent counseling for substance abuse and violent behavior,
and in appropriate cases, detoxification and abstinence from the
abused substance.

(7) The program shall conduct an exit conference that assesses
the defendant’s progress during his or her participation in the
batterer’s program.

(d) An act or omission relating to the approval of a batterer’s
treatment begin delete programs end delete begin insert program end insert under paragraph (5) of subdivision
(c) is a discretionary act pursuant to Section 820.2 of the
Government Code.

SEC. 4.  

Section 1203.47 of the Penal Code is amended to read:

1203.47.  

(a) A person who was found to be a person described
in Section 602 of the Welfare and Institutions Code by reason of
the commission of an offense described in subdivision (b) of
Section 647 or in Section 653.22 may, upon reaching 18 years of
age, petition the court to have his or her record sealed, as provided
in Section 781 of the Welfare and Institutions Code, except that,
as pertaining to any records regarding the commission of an offense
described in subdivision (b) of Section 647 or in Section 653.22,
it shall not be a requirement in granting the petition for the person
to show that he or she has not been convicted of a felony or of any
misdemeanor involving moral turpitude, or that rehabilitation has
been attained to the satisfaction of the court. Upon granting the
petition, all records relating to the violation or violations of
subdivision (b) of Section 647 or of Section 653.22, or both, shall
be sealed pursuant to Section 781 of the Welfare and Institutions
Code.

(b) The relief provided by this section does not apply to a person
begin delete convicted end delete begin insert adjudicated end insert pursuant to subdivision (b) of Section 647
or of Section 653.22 who paid money or any other valuable thing,
or attempted to pay money or any other valuable thing, to any
person for the purpose of prostitution as defined in subdivision (b)
of Section 647.

(c) This section applies to begin delete convictions and end delete adjudications that
occurred before, as well as those that occur after, the effective date
of this section.

(d) A petition granted pursuant to this section does not authorize
the sealing of any part of a person’s record that is unrelated to a
violation of subdivision (b) of Section 647, Section 653.22, or
both.

SEC. 5.  

Section 1233.1 of the Penal Code is amended to read:

1233.1.  

After the conclusion of each calendar year following
the enactment of this section, the Director of Finance, in
consultation with the Department of Corrections and Rehabilitation,
the Joint Legislative Budget Committee, the Chief Probation
Officers of California, and the Administrative Office of the Courts,
shall calculate the following for that calendar year:

(a) The cost to the state to incarcerate in prison and supervise
on parole a probationer sent to prison. This calculation shall take
into consideration factors, including, but not limited to, the average
length of stay in prison and on parole for probationers, as well as
the associated parole revocation rates, and revocation costs.

(b) The statewide probation begin insert failure end insert to prison rate. The statewide
probation failure to prison rate shall be calculated as the total
number of adult felony probationers statewide sent to prison in the
previous year as a percentage of the average statewide adult felony
probation population for that year.

(c) A probation failure to prison rate for each county. Each
county’s probation failure to prison rate shall be calculated as the
number of adult felony probationers sent to prison from that county
in the previous year as a percentage of the county’s average adult
felony probation population for that year.

(d) An estimate of the number of adult felony probationers each
county successfully prevented from being sent to prison. For each
county, this estimate shall be calculated based on the reduction in
the county’s probation failure to prison rate as calculated annually
pursuant to subdivision (c) of this section and the county’s baseline
probation failure rate as calculated pursuant to Section 1233. In
making this estimate, the Director of Finance, in consultation with
the Department of Corrections and Rehabilitation, the Joint
Legislative Budget Committee, the Chief Probation Officers of
California, and the Administrative Office of the Courts, shall adjust
the calculations to account for changes in each county’s adult
felony probation caseload in the most recent completed calendar
year as compared to the county’s adult felony probation population
during the period 2006 to 2008, inclusive.

(e) In calculating probation failure to prison rates for the state
and individual counties, the number of adult felony probationers
sent to prison shall include those adult felony probationers sent to
state prison for a revocation of probation, as well as adult felony
probationers sent to state prison for a conviction of a new felony
offense. The calculation shall also include adult felony probationers
who are sent to prison for conviction of a new crime and who
simultaneously have their probation terms terminated.

SEC. 6.  

Section 1305.4 of the Penal Code is amended to read:

1305.4.  

Notwithstanding Section 1305, the surety insurer, the
bail agent, the surety, or the depositor may file a motion, based
upon good cause, for an order extending the 180-day period
provided in that section. The motion shall include a declaration or
affidavit that states the reasons showing good cause to extend that
period. The court, upon a hearing and a showing of good cause,
may order the period extended to a time not exceeding 180 days
from its order. A motion may be filed and calendared as provided
in subdivision begin delete (i) end delete begin insert (j) end insert of Section 1305. In addition to any other notice
required by law, the moving party shall give the prosecuting agency
a written notice at least 10 court days before a hearing held
pursuant to this section as a condition precedent to granting the
motion.

SEC. 7.  

Section 726 of the Welfare and Institutions Code is
amended to read:

726.  

(a) In all cases in which a minor is adjudged a ward or
dependent child of the court, the court may limit the control to be
exercised over the ward or dependent child by any parent or
guardian and shall in its order, clearly and specifically set forth all
those limitations, but no ward or dependent child shall be taken
from the physical custody of a parent or guardian, unless upon the
hearing the court finds one of the following facts:

(1) That the parent or guardian is incapable of providing or has
failed or neglected to provide proper maintenance, training, and
education for the minor.

(2) That the minor has been tried on probation while in custody
and has failed to reform.

(3) That the welfare of the minor requires that custody be taken
from the minor’s parent or guardian.

(b) Whenever the court specifically limits the right of the parent
or guardian to make educational or developmental services
decisions for the minor, the court shall at the same time appoint a
responsible adult to make educational or developmental services
decisions for the child until one of the following occurs:

(1) The minor reaches 18 years of age, unless the child chooses
not to make educational or developmental services decisions for
himself or herself, or is deemed by the court to be incompetent.

(2) Another responsible adult is appointed to make educational
or developmental services decisions for the minor pursuant to this
section.

(3) The right of the parent or guardian to make educational or
developmental services decisions for the minor is fully restored.

(4) A successor guardian or conservator is appointed.

(5) The child is placed into a planned permanent living
arrangement pursuant to paragraph (5) or (6) of subdivision (b) of
Section 727.3, at which time, for educational decisionmaking, the
foster parent, relative caretaker, or nonrelative extended family
member as defined in Section 362.7 has the right to represent the
child in educational matters pursuant to Section 56055 of the
Education Code, and for decisions relating to developmental
services, unless the court specifies otherwise, the foster parent,
relative caregiver, or nonrelative extended family member of the
planned permanent living arrangement has the right to represent
the child in matters related to developmental services.

(c) An individual who would have a conflict of interest in
representing the child, as specified under federal regulations, may
not be appointed to make educational decisions. The limitations
applicable to conflicts of interest for educational rights holders
shall also apply to authorized representatives for developmental
services decisions pursuant to subdivision (b) of Section 4701.6.
For purposes of this section, “an individual who would have a
conflict of interest,” means a person having any interests that might
restrict or bias his or her ability to make educational or
developmental services decisions, including, but not limited to,
those conflicts of interest prohibited by Section 1126 of the
Government Code, and the receipt of compensation or attorneys’
fees for the provision of services pursuant to this section. A foster
parent may not be deemed to have a conflict of interest solely
because he or she receives compensation for the provision of
services pursuant to this section.

(1) If the court limits the parent’s educational rights pursuant
to subdivision (a), the court shall determine whether there is a
responsible adult who is a relative, nonrelative extended family
member, or other adult known to the child and who is available
and willing to serve as the child’s educational representative before
appointing an educational representative or surrogate who is not
known to the child.

If the court cannot identify a responsible adult who is known to
the child and available to make educational decisions for the child
and begin delete subparagraphs (A) to (E), inclusive, end delete begin insert paragraphs (1) to (5),
inclusive, of subdivision (b) end insert do not apply, and the child has either
been referred to the local educational agency for special education
and related services, or has a valid individualized education
program, the court shall refer the child to the local educational
agency for appointment of a surrogate parent pursuant to Section
7579.5 of the Government Code.

(2) All educational and school placement decisions shall seek
to ensure that the child is in the least restrictive educational
programs and has access to the academic resources, services, and
extracurricular and enrichment activities that are available to all
pupils. In all instances, educational and school placement decisions
shall be based on the best interests of the child. If an educational
representative or surrogate is appointed for the child, the
representative or surrogate shall meet with the child, shall
investigate the child’s educational needs and whether those needs
are being met, and shall, prior to each review hearing held under
Article 10 (commencing with Section 360), provide information
and recommendations concerning the child’s educational needs to
the child’s social worker, make written recommendations to the
court, or attend the hearing and participate in those portions of the
hearing that concern the child’s education.

(3) Nothing in this section in any way removes the obligation
to appoint surrogate parents for students with disabilities who are
without parental representation in special education procedures as
required by state and federal law, including Section 1415(b)(2) of
Title 20 of the United States Code, Section 56050 of the Education
Code, Section 7579.5 of the Government Code, and Rule 5.650
of the California Rules of Court.

If the court appoints a developmental services decisionmaker
pursuant to this section, he or she shall have the authority to access
the child’s information and records pursuant to subdivision (u) of
Section 4514 and subdivision (y) of Section 5328, and to act on
the child’s behalf for the purposes of the individual program plan
process pursuant to Sections 4646, 4646.5, and 4648 and the fair
hearing process pursuant to Chapter 7 (commencing with Section
4700) of Division 4.5, and as set forth in the court order.

(d) If the minor is removed from the physical custody of his or
her parent or guardian as the result of an order of wardship made
pursuant to Section 602, the order shall specify that the minor may
not be held in physical confinement for a period in excess of the
maximum term of imprisonment which could be imposed upon an
adult convicted of the offense or offenses which brought or
continued the minor under the jurisdiction of the juvenile court.

As used in this section and in Section 731, “maximum term of
imprisonment” means the longest of the three time periods set
forth in paragraph (2) of subdivision (a) of Section 1170 of the
Penal Code, but without the need to follow the provisions of
subdivision (b) of Section 1170 of the Penal Code or to consider
time for good behavior or participation pursuant to Sections 2930,
2931, and 2932 of the Penal Code, plus enhancements which must
be proven if pled.

If the court elects to aggregate the period of physical confinement
on multiple counts or multiple petitions, including previously
sustained petitions adjudging the minor a ward within Section 602,
the “maximum term of imprisonment” shall be the aggregate term
of imprisonment specified in subdivision (a) of Section 1170.1 of
the Penal Code, which includes any additional term imposed
pursuant to Section 667, 667.5, 667.6, or 12022.1 of the Penal
Code, and Section 11370.2 of the Health and Safety Code.

If the charged offense is a misdemeanor or a felony not included
within the scope of Section 1170 of the Penal Code, the “maximum
term of imprisonment” is the longest term of imprisonment
prescribed by law.

“Physical confinement” means placement in a juvenile hall,
ranch, camp, forestry camp or secure juvenile home pursuant to
Section 730, or in any institution operated by the Youth Authority.

This section does not limit the power of the court to retain
jurisdiction over a minor and to make appropriate orders pursuant
to Section 727 for the period permitted by Section 607.

SEC. 8.  

Any section of any act enacted by the Legislature
during the 2013 calendar year that takes effect on or before January
1, 2014, and that amends, amends and renumbers, adds, repeals
and adds, or repeals a section that is amended, amended and
renumbered, added, repealed and added, or repealed by this act,
shall prevail over this act, whether that act is enacted prior to, or
subsequent to, the enactment of this act. The repeal, or repeal and
addition, of any article, chapter, part, title, or division of any code
by this act shall not become operative if any section of any other
act that is enacted by the Legislature during the 2013 calendar year
and takes effect on or before January 1, 2014, amends, amends
and renumbers, adds, repeals and adds, or repeals any section
contained in that article, chapter, part, title, or division.