SB 863, as amended, Committee on Budget and Fiscal Review. Public Safety.
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.
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.
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.
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.
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.
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.
This bill would establish the Office of Law Enforcement Support within the agency.
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.
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.
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.
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.
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.
This bill would instead prohibit local agencies from using these moneys to supplant other funding for Public Safety Services, as defined.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
By creating a new crime, this bill would impose a state-mandated local program.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
This bill would instead require the board to meet twice annually, and to report to the Governor and the Legislature annually, on September 15.
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.
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.
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.
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.
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.
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.
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.
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.
This bill would instead prohibit these funds from being used by local agencies to supplant other funding for Public Safety Services, as defined.
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.
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.
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.
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.
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.
This bill would instead prohibit these funds from being used by local agencies to supplant other funding for Public Safety Services, as defined.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
By authorizing additional payments from a continuously appropriated fund, the bill would make an appropriation.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
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.
This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
(a) The Legislature finds and declares all of the
2following:
3(1) The state has provided counties with the opportunity to
4receive lease revenue bond financing to improve local correctional
5facilities.
6(2) However, for the construction of certain county in-custody
7mental health treatment and rehabilitation facilities, where the state
8portion of construction would be minor, state lease revenue
9financing may not be an appropriate mechanism.
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.
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 of
17the County of Los Angeles jail system, and to report its findings
18to the Joint Legislative Budget Committee on or before January
1915, 2015.
Section 12803 of the Government Code is amended
21to read:
(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,
30the Office of Statewide Health Planning and Development, the
31Office of Systems Integration, the Office of Law Enforcement
32Support, and the State Council on Developmental Disabilities.
33(c) The Department of Child Support Services is hereby created
34within the agency commencing January 1, 2000, and shall be the
35single organizational unit designated as the state’s Title IV-D
36agency with the responsibility for administering the state plan and
37providing services relating to the establishment of paternity or the
38establishment, modification, or enforcement of child support
P20 1obligations as required by Section 654 of Title 42 of the United
2States Code. State plan functions shall be performed by other
3agencies as required by law, by delegation of the department, or
4by cooperative agreements.
Section 15820.92 of the Government Code is amended
6to read:
For purposes of this chapter, “participating county”
8means any county, or regional consortium of counties, within the
9state that has been certified to the State Public Works Board (the
10board) by the Board of State and Community Corrections (BSCC)
11as having satisfied all of the requirements set forth in Section
1215820.925 for financing an adult local criminal justice facility
13pursuant to this chapter. For purposes of this chapter, an adult local
14criminal justice facility may include any custodial housing, reentry,
15program, mental health, or treatment space necessary to manage
16the adult offender population consistent with the legislative intent
17described in Sections 17.5 and 3450 of the Penal Code under the
18jurisdiction of the sheriff or county department of
corrections, as
19may be applicable, to be further defined by the BSCC in duly
20adopted regulations.
21(a) The BSCC or the California Department of Corrections and
22Rehabilitation (CDCR), a participating county, and the board are
23authorized to acquire, design, and construct an adult local criminal
24justice facility approved by the BSCC pursuant to Section
2515820.925, or to acquire a site or sites owned by, or subject to a
26lease or option to purchase held by, a participating county. For the
27purposes of this chapter, acquisition shall include, but is not limited
28to, acquisition of completed facilities through a build-to-suit
29purchase. Facilities financed pursuant to this chapter may be
30delivered through either a design-bid-build or a design-build
31process. The ownership interest of a participating county in the
32site or sites for an adult
local criminal justice facility shall be
33determined by the board to be adequate for purposes of its
34financing in order to be eligible under this chapter.
35(b) Notwithstanding Section 14951, the participating county
36may assign an inspector during the construction of the adult local
37criminal justice facility.
38(c) The BSCC or the CDCR, a participating county, and the
39board shall enter into an agreement for each adult local criminal
40justice facility that shall provide, at a minimum, performance
P21 1expectations of the parties related to the acquisition, design, and
2construction, including, without limitation, renovation, of the adult
3local criminal justice facility; guidelines and criteria for use and
4application of the proceeds of revenue bonds, notes, or bond
5anticipation notes issued by the
board to pay for the cost of the
6approved adult local criminal justice facility; and ongoing
7maintenance and staffing responsibilities for the term of the
8financing.
9(d) The agreement shall include a provision that the participating
10county agrees to indemnify, defend, and hold harmless the State
11of California for any and all claims and losses arising out of the
12acquisition, design, and construction of the adult local criminal
13justice facility. The agreement may also contain additional terms
14and conditions that facilitate the financing by the board.
15(e) The scope and cost of the adult local criminal justice facilities
16shall be subject to approval and administrative oversight by the
17board.
18(f) For purposes of
compliance with the California
19Environmental Quality Act (Division 13 (commencing with Section
2021000) of the Public Resources Code), neither the
board, nor the
21BSCC or the CDCR, shall be deemed a lead or responsible agency
22and the participating county shall be the lead agency.
Section 15820.921 of the Government Code is amended
24to read:
Upon a participating county’s receipt of responsive
26construction bids or design-build proposals, or a participating
27county’s notification to the board of its intent to exercise a purchase
28option, the board and the BSCC or the CDCR may borrow funds
29for project costs after the adult local criminal justice facility has
30been certified pursuant to Section 15820.92 from the Pooled Money
31Investment Account pursuant to Sections 16312 and 16313, or
32from any other appropriate source. In the event any of the revenue
33bonds, notes, or bond anticipation notes authorized by this chapter
34are not sold, the BSCC or the CDCR shall commit a sufficient
35
amount of its support appropriation to repay any loans made for
36an approved adult local criminal justice facility.
Section 15820.924 of the Government Code is amended
38to read:
With the consent of the board, the BSCC or the
40CDCR and a participating county are authorized to enter into leases
P22 1or subleases, as lessor or lessee, for any property or approved adult
2local criminal justice facility and are further authorized to enter
3into contracts or other agreements for the use, maintenance, and
4operation of the adult local criminal justice facility in order to
5facilitate the financing authorized by this chapter. In those leases,
6subleases, or other agreements, the participating county shall agree
7to indemnify, defend and hold harmless the State of California for
8any and all claims and losses accruing and resulting from or arising
9out of the participating county’s use and occupancy of the adult
10local criminal justice
facility.
Chapter 3.131 (commencing with Section 15820.93)
12is added to Part 10b of Division 3 of Title 2 of the Government
13Code, to read:
14
(a) For purposes of this chapter, “participating
19county” means a county, city and county, or regional consortium
20of counties, within the state that has been certified to the State
21Public Works Board (board) by the Board of State and Community
22Corrections (BSCC) as having satisfied all of the requirements set
23forth in Section 15820.935 for financing an adult local criminal
24justice facility pursuant to this chapter.
25(b) (1) For purposes of this chapter, an adult local criminal
26justice facility may include improved housing with an emphasis
27on expanding program and treatment space as necessary to manage
28the adult offender population consistent with
the legislative intent
29described in Sections 17.5 and 3450 of the Penal Code under the
30jurisdiction of the sheriff or county department of corrections, as
31may be applicable, to be further defined by the BSCC in duly
32adopted regulations.
33(2) For purposes of this chapter, an adult local criminal justice
34facility may also include custodial housing, reentry, program,
35mental health, or treatment space necessary to manage the adult
36offender population, consistent with the legislative intent described
37in Sections 17.5 and 3450 of the Penal Code, under the jurisdiction
38of the sheriff or county department of corrections, as may be
39applicable, to be further defined by the BSCC in duly adopted
40regulations.
(a) The BSCC or the Department of Corrections
2and Rehabilitation (CDCR), a participating county, and the board
3are authorized to acquire, design, and construct an adult local
4criminal justice facility approved by the BSCC pursuant to Section
515820.935, or to acquire a site or sites owned by, or subject to a
6lease or option to purchase held by, a participating county. For the
7purposes of this chapter, acquisition shall include, but is not limited
8to, acquisition of completed facilities through a build-to-suit
9purchase. Facilities financed pursuant to this chapter may be
10delivered through either a design-bid-build or a design-build
11process. The ownership interest of a participating county in the
12site or sites for an adult
local criminal justice facility shall be
13determined by the board to be adequate for purposes of its
14financing in order to be eligible under this chapter.
15(b) Notwithstanding Section 14951, the participating county
16may assign an inspector during the construction of the adult local
17criminal justice facility.
18(c) The BSCC or the CDCR, a participating county, and the
19board shall enter into an agreement for each adult local criminal
20justice facility that shall provide, at a minimum, performance
21expectations of the parties related to the acquisition, design, and
22construction, including, without limitation, renovation, of the adult
23local criminal justice facility; guidelines and criteria for use and
24application of the proceeds of revenue bonds, notes, or bond
25anticipation notes issued
by the board to pay for the cost of the
26approved adult local criminal justice facility; and ongoing
27maintenance and staffing responsibilities for the term of the
28financing.
29(d) The agreement shall include a provision that the participating
30county agrees to indemnify, defend, and hold harmless the State
31of California for any and all claims and losses arising out of the
32acquisition, design, and construction of the adult local criminal
33justice facility. The agreement may also contain additional terms
34and conditions that facilitate the financing by the board.
35(e) The scope and cost of the adult local criminal justice facilities
36shall be subject to approval and administrative oversight by the
37board.
38(f) For
purposes of compliance with the California
39Environmental Quality Act (Division 13 (commencing with Section
4021000) of the Public Resources Code), neither the board nor the
P24 1BSCC or the CDCR shall be deemed a lead or responsible agency
2and the participating county shall be the lead agency.
Upon a participating county’s receipt of responsive
4construction bids or design-build proposals, or a participating
5county’s notification to the board of its intent to exercise a purchase
6option, and after the adult local criminal justice facility has been
7certified pursuant to Section 15820.93, the board and the BSCC
8or the CDCR may borrow funds for project costs from the Pooled
9Money Investment Account pursuant to Sections 16312 and 16313,
10or from any other appropriate source. In the event any of the
11revenue bonds, notes, or bond anticipation notes authorized by
12this chapter are not sold, the BSCC or the CDCR shall commit a
13sufficient amount of its support appropriation to repay any loans
14made for an approved adult local criminal justice
facility.
(a) The board may issue up to five hundred million
16dollars ($500,000,000) in revenue bonds, notes, or bond
17anticipation notes, pursuant to Chapter 5 (commencing with Section
1815830) to finance the acquisition, design, and construction,
19including, without limitation, renovation, and a reasonable
20construction reserve, of approved adult local criminal justice
21facilities described in Section 15820.930, and any additional
22amount authorized under Section 15849.6 to pay for the cost of
23financing.
24(b) Proceeds from the revenue bonds, notes, or bond anticipation
25notes may be used to reimburse a participating county for the costs
26of acquisition, design, and
construction, including, without
27limitation, renovation, for approved adult local criminal justice
28facilities.
29(c) Notwithstanding Section 13340, funds derived pursuant to
30this section and Section 15820.931 are continuously appropriated
31for purposes of this chapter.
In support of this state financing, the Legislature
33finds and declares all of the following:
34(a) California’s current challenges in managing jail populations
35follow decades of overcrowded and aging jails, and piecemeal,
36erratic, and incomplete responses to dealing with these problems.
37Reversing course will require sustainable solutions that must
38include sound planning and implementation, and must be grounded
39in the principle that jail resources must be well-planned and
40employed efficiently and effectively to prevent overcrowding and
P25 1promote public safety through the broader use of evidence-based
2practices and policies in the criminal justice system.
3(b) California needs a long-term, statewide strategy to effectively
4manage its jail population and jail resources. Without an ongoing
5analytical framework for taking into account factors such as
6population growth, criminogenic needs of the current and future
7jail populations, crime rates, custodial housing needs, and
8additional changes to realignment or sentencing laws and practices,
9California will continue to resort to reactive, fragmentary fixes to
10its jail condition and capacity problems instead of being fully
11prepared to develop an effective and sustainable system of local
12custodial facilities.
13(c) The county adult criminal justice system needs improved
14housing with an emphasis on expanding program and treatment
15space to manage the adult offender population under its jurisdiction.
16(d) Improved county adult criminal justice housing with an
17emphasis on expanding program and treatment space will enhance
18public safety throughout the state by providing increased access
19to appropriate programs or treatment.
20(e) By improving county adult criminal justice housing with an
21emphasis on expanding program and treatment space, this financing
22will serve a critical state purpose by promoting public safety.
23(f) This purpose represents valuable consideration in exchange
24for this state action.
With the consent of the board, the BSCC or the
26CDCR and a participating county are authorized to enter into leases
27or subleases, as lessor or lessee, for any property or approved adult
28local criminal justice facility and are further authorized to enter
29into contracts or other agreements for the use, maintenance, and
30operation of the adult local criminal justice facility in order to
31facilitate the financing authorized by this chapter. In those leases,
32subleases, or other agreements, the participating county shall agree
33to indemnify, defend, and hold harmless the State of California
34for any and all claims and losses accruing and resulting from or
35arising out of the participating county’s use and occupancy of the
36adult local criminal justice facility.
(a) The BSCC shall adhere to its duly adopted
38regulations for the approval or disapproval of adult local criminal
39justice facilities. The BSCC shall also consider cost-effectiveness
40in determining approval or disapproval. No state moneys shall be
P26 1encumbered in contracts let by a participating county until one of
2the following occur:
3(1) Final architectural plans and specifications have been
4approved by the BSCC, and subsequent construction bids have
5been received.
6(2) Documents prepared by a participating county pursuant to
7paragraph (1) of subdivision (d) of Section 20133 of the Public
8Contract
Code have been approved by the BSCC, and subsequent
9design-build proposals have been received pursuant to that section.
10(3) The participating county has notified the board of its intent
11to exercise an option to purchase the completed facility pursuant
12to Section 15820.931.
13(b) The review and approval of plans, specifications, or other
14documents by the BSCC are for the purpose of ensuring the proper
15administration of moneys and the determination of whether the
16adult local criminal justice facility specifications comply with law
17and regulation. The BSCC may require changes in construction
18materials to enhance safety and security if materials proposed at
19the time of final plans and specifications are not essential and
20customary as used statewide for facilities of the same security
21level.
Participating counties are responsible for the acquisition,
22design, construction, staffing, operation, repair, and maintenance
23of the adult local criminal justice facility.
24(c) The BSCC shall establish minimum standards, funding
25schedules, and procedures, which shall take into consideration,
26but not be limited to, the following:
27(1) Certification by a participating county of control of the adult
28local criminal justice facility site through either fee simple
29ownership of the site or comparable long-term possession of the
30site, and right of access to the adult local criminal justice facility
31sufficient to ensure undisturbed use and possession.
32(2) Documentation of the need for improved adult local criminal
33justice facility
housing with an emphasis on expanded program
34and treatment space.
35(3) A written adult local criminal justice facility proposal.
36(4) Submission of a staffing plan for the adult local criminal
37justice facility, including operational cost projections and
38documentation that the adult local criminal justice facility will be
39able to be safely staffed and operated within 90 days of completion,
40as may be applicable.
P27 1(5) Submission of architectural drawings, which shall be
2approved by the BSCC for compliance with minimum adult
3detention facility standards and which shall also be approved by
4the State Fire Marshal for compliance with fire safety and life
5safety requirements.
6(6) Documentation evidencing compliance with the California
7Environmental Quality Act (CEQA).
8(7) Provisions intended to maintain the tax-exempt status of the
9bonds, notes, or bond anticipation notes issued by the board.
(a) The participating county contribution for adult
11local criminal justice facilities financed under this chapter shall
12be a minimum of 10 percent of the total project costs. The BSCC
13may reduce contribution requirements for participating counties
14with a general population below 200,000 upon petition by a
15participating county to the BSCC requesting a lower level of
16contribution.
17(b) The BSCC shall determine the funding and scoring criteria.
18The BSCC may consider award history in Chapters 3.11 to 3.13,
19inclusive, in its scoring of adult local criminal justice facilities
20applications. The funding criteria shall include, as a mandatory
21criterion, documentation
of the percentage of pretrial inmates in
22the county jail from January 1, 2013, to December 31, 2013,
23inclusive, and a description of the county’s current
24risk-assessment-based pretrial release program. Funding preference
25shall also be given to counties that are most prepared to proceed
26successfully with this financing in a timely manner. The
27determination of preparedness to proceed shall include the
28following:
29(1) Counties providing a board of supervisors’ resolution
30authorizing an adequate amount of available matching funds to
31satisfy the counties’ contribution and approving the forms of the
32project documents deemed necessary, as identified by the board
33to the BSCC, to effectuate the financing authorized by this chapter,
34and authorizing the appropriate signatory or signatories to execute
35those documents at the appropriate times. The
identified matching
36funds in the resolution shall be compatible with the state’s lease
37revenue bond financing.
38(2) Counties providing documentation evidencing CEQA
39compliance has been completed. Documentation of CEQA
40compliance shall be either a final Notice of Determination or a
P28 1final Notice of Exemption, as appropriate, and a letter from county
2counsel certifying the associated statute of limitations has expired
3and either no challenges were filed or identifying any challenges
4filed and explaining how they have been resolved in a manner that
5allows the project to proceed as proposed.
6(c) Funding consideration shall be given to counties that are
7seeking to replace compacted, outdated, or unsafe housing capacity
8or are seeking to renovate existing or build new facilities that
9provide
adequate space for the provision of treatment and
10rehabilitation services, including mental health treatment.
11(d) A participating county may replace existing housing
12capacity, realizing only a minimal increase of capacity, using this
13financing authority if the requesting county clearly documents an
14existing housing capacity deficiency.
Section 30062 of the Government Code is amended
16to read:
(a) Except as required by paragraphs (1), (2), and (4)
18of subdivision (b) of Section 30061, moneys allocated from a
19Supplemental Law Enforcement Services Account (SLESA) to a
20recipient entity shall be expended exclusively to provide front line
21law enforcement services. These moneys shall not be used by local
22agencies to supplant other funding for Public Safety Services, as
23defined in Section 36 of Article XIII of the California Constitution.
24Moneys allocated pursuant to paragraph (4) of subdivision (b) of
25Section 30061 shall not be used by local agencies to supplant other
26funding for Public Safety Services, as defined in Section 36 of
27Article XIII of the California Constitution.
28(b) In the Counties of Los Angeles, Orange, and San Diego
29only, the district attorney may, in consultation with city attorneys
30in the county, determine a prorated share of the moneys received
31by the district attorney pursuant to this section to be allocated to
32city attorneys in the county in each fiscal year to fund the
33prosecution by those city attorneys of misdemeanor violations of
34state law.
35(c) In no event shall any moneys allocated from the county’s
36SLESA be expended by a recipient agency to fund any of the
37following:
38(1) Administrative overhead costs in excess of 0.5 percent of a
39recipient entity’s SLESA allocation for that year.
P29 1(2) The costs of any capital project or construction project
2funded
from moneys allocated pursuant to paragraph (3) of
3subdivision (b) of Section 30061 that does not directly support
4front line law enforcement services.
5(3) The costs of any capital project or construction project
6funded from moneys allocated pursuant to paragraph (4) of
7subdivision (b) of Section 30061.
8(d) For purposes of subdivision (c), both of the following shall
9apply:
10(1) A “recipient agency” or “recipient entity” is that entity that
11actually incurs the expenditures of SLESA funds allocated pursuant
12to paragraph (1), (2), (3), or (4) of subdivision (b) of Section 30061.
13(2) Administrative overhead costs shall only be charged by the
14recipient entity, as
defined in paragraph (1), up to 0.5 percent of
15its SLESA allocation.
16(e) For purposes of this chapter, “front line law enforcement
17services” and “front line municipal police services” each include
18antigang, community crime prevention, and juvenile justice
19programs.
Section 30070 of the Government Code is amended
21to read:
(a) For the 2011-12 fiscal year, the program authorized
23by this chapter shall be funded from the Local Law Enforcement
24Services Account in the Local Revenue Fund 2011. The Controller
25shall, on a quarterly basis, beginning on October 1, 2011, allocate
264.07 percent of the moneys annually deposited in the Local Law
27Enforcement Services Account. Commencing with the 2012-13
28fiscal year, the program authorized by this chapter shall be funded
29from the Enhancing Law Enforcement Activities Subaccount in
30the Local Revenue Fund 2011. Subsequent to the allocation
31described in subdivision (c) of Section 29552, the Controller shall
32allocate 4.06682787 percent of the remaining moneys annually
33deposited in the Enhancing Law Enforcement Activities
34Subaccount in
the Local Revenue Fund 2011. Commencing with
35the 2013-14 fiscal year, subsequent to the allocation described in
36subdivision (d) of Section 29552, the Controller shall allocate
374.06682787 percent of the remaining moneys annually deposited
38in the Enhancing Law Enforcement Activities Subaccount in the
39Local Revenue Fund 2011. Funds shall be allocated in monthly
40installments to county sheriffs’ departments to enhance law
P30 1enforcement efforts in the counties specified in paragraphs (1) to
2(37), inclusive, according to the following schedule:
|
(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 1(b) Funds allocated pursuant to this section shall
not be used by
2local agencies to supplant other funding for Public Safety Services,
3as defined in Section 36 of Article XIII of the California
4Constitution.
5(c) The funds allocated pursuant to this section may not be used
6for any video surveillance or monitoring of the general public.
Section 69927 is added to the Government Code, to
8read:
It is the intent of the Legislature to establish a process
10and funding mechanism for sheriffs that overall incur increased
11trial court security costs as a result of court construction projects
12that had an occupancy date on or after October 9, 2011.
13(a) Funding for increased trial court security costs pursuant to
14this section shall be funded by the General Fund, subject to an
15annual appropriation by the Legislature.
16(b) Counties that demonstrate increased trial court security costs
17incurred by the sheriff as a result of court construction projects
18that had an occupancy date on or after October 9, 2011, may
19request funding
pursuant to this section.
20(1) Requests shall be submitted to the Department of Finance,
21and shall include, but not be limited to, information described in
22subdivision (d).
23(c) Counties shall assess and identify key, quantifiable
24differences between the previous court facility or facilities and the
25new or replacement facility that impose a measurable and higher
26level of court security costs incurred by the sheriff.
27(d) In evaluating requests, the Department of Finance shall
28consider on a case-by-case basis relevant factors, including, but
29not limited to:
30(1) Changes in court security due to the consolidation of court
31facilities.
32(2) Changes in overall court security costs due to the
33consolidation of court facilities.
34(3) The square footage of the facility that is accessible to the
35public.
36(4) Other design considerations, such as multiple floors or the
37distance between entry points and courtrooms.
38(5) The number of courtrooms compared to previous courtrooms.
P32 1(6) The case types and time spent on various case types being
2heard in the new facility as compared to the previous facility or
3facilities.
4(7) The addition of holding cells and the escorting of inmates
5within
the court facility.
6(8) The number of public entrances and security screening
7stations.
8(9) The presence of a security monitor or control panel.
9(10) The presence, location, and expected utilization of jury
10assembly rooms and juries.
11(11) Historical court security staffing and the use of deputies
12or court attendants.
13(12) Personnel costs for sheriff deputies and court attendant
14staff within the county.
15(13) The population of the county.
16(e) In evaluating the number of
courtrooms under paragraph (5)
17of subdivision (d), the addition of courtrooms for new judgeships
18that have not been both authorized and funded may be excluded.
19(f) The Director of Finance, in his or her discretion, may limit
20the amount of funding provided within the annual appropriation.
21(g) Funds authorized pursuant to this section shall be used
22exclusively to fund trial court security provided by county sheriffs.
23No general county administrative costs may be paid with the funds
24provided, including, but not limited to, the costs of administering
25the funds received pursuant to this section.
26(h) Requests received by the Department of Finance shall be
27evaluated as expeditiously as possible.
28(i) Requests approved by the Department of Finance shall be
29considered ongoing, subject to an annual appropriation by the
30Legislature. The appropriation shall be adjusted annually by a rate
31commensurate with the growth in the Trial Court Security Growth
32Subaccount in the prior fiscal year.
Section 1251.4 is added to the Health and Safety
34Code, to read:
(a) Notwithstanding any other law, upon application
36of the Department of Corrections and Rehabilitation, the
37department shall change the license category of a general acute
38care hospital licensed to the Department of Corrections and
39Rehabilitation to a correctional treatment center license. No
40licensing inspection is required for this change of license category.
P33 1(b) Notwithstanding any other law, upon application of the
2Department of Corrections and Rehabilitation, the department shall
3change the license category of a general acute care hospital or any
4other licensed health facility located on the grounds of a prison to
5a correctional treatment center license
regardless of the location
6of the buildings included in those licenses. No licensing inspection
7is required for this change of license category.
Section 17.7 is added to the Penal Code, to read:
The Legislature finds and declares the following:
10(a) Strategies supporting reentering offenders through practices
11and programs, such as standardized risk and needs assessments,
12transitional community housing, treatment, medical and mental
13health services, and employment, have been demonstrated to
14significantly reduce recidivism among offenders in other states.
15(b) Improving outcomes among offenders reentering the
16community after serving time in a correctional facility will promote
17public safety and will reduce California’s prison and jail
18populations.
19(c) Establishing a California reentry program that encompasses
20strategies known to reduce recidivism warrants a vigorous
21short-term startup in the 2014-15 fiscal year using readily available
22resources in the community, and a comprehensive long-term
23development plan for future budget years designed to expand the
24availability, impact, and sustainability of these strategies as further
25community partnerships are identified and developed.
Section 667.2 is added to the Penal Code, to read:
(a) The Legislature finds and declares that assisting
28offenders released pursuant to Proposition 36, adopted at the
29November 6, 2012, statewide general election, with their transition
30back into communities will increase the offenders’ likelihood of
31successful reintegration.
32(b) Subject to the availability of funding for and space in the
33programs and services, the Department of Corrections and
34Rehabilitation may provide programs and services, including, but
35not limited to, transitional housing, mental health, and substance
36abuse treatment to an offender who is released from the
37department’s custody and satisfies both of the following conditions:
38(1) The offender is released pursuant to any of the following
39provisions, as they were amended or added by Sections 2 to 6,
P34 1inclusive, of Proposition 36, as adopted at the November 6, 2012,
2statewide general election:
3(A) Section 667.
4(B) Section 667.1.
5(C) Section 1170.12.
6(D) Section 1170.125.
7(E) Section 1170.126.
8(2) The offender is not subject to either of the following:
9(A) Parole pursuant to Article 3
(commencing with Section
103040) of Chapter 8 of Title 1 of Part 3.
11(B) Postrelease community supervision pursuant to Title 2.05
12(commencing with Section 3450) of Part 3.
13(c) (1) The Department of Corrections and Rehabilitation, in
14consultation with the Administrative Office of the Courts, shall
15establish a referral process for offenders described in subdivision
16(b) to participate in programs and receive services that the
17department has existing contracts to provide.
18(2) The Administrative Office of the Courts shall inform courts
19of the availability of the programs and services described in this
20section.
Section 830.3 of the Penal Code, as added by Section
2238 of Chapter 515 of the Statutes of 2013, is amended to read:
The following persons are peace officers whose authority
24extends to any place in the state for the purpose of performing
25their primary duty or when making an arrest pursuant to Section
26836 as to any public offense with respect to which there is
27immediate danger to person or property, or of the escape of the
28perpetrator of that offense, or pursuant to Section 8597 or 8598 of
29the Government Code. These peace officers may carry firearms
30only if authorized and under those terms and conditions as specified
31by their employing agencies:
32(a) Persons employed by the Division of Investigation of the
33Department of Consumer Affairs and investigators of the Board
34of Dental Examiners, who are designated by the Director
of
35Consumer Affairs, provided that the primary duty of these peace
36officers shall be the enforcement of the law as that duty is set forth
37in Section 160 of the Business and Professions Code.
38(b) Voluntary fire wardens designated by the Director of
39Forestry and Fire Protection pursuant to Section 4156 of the Public
40Resources Code, provided that the primary duty of these peace
P35 1officers shall be the enforcement of the law as that duty is set forth
2in Section 4156 of that code.
3(c) Employees of the Department of Motor Vehicles designated
4in Section 1655 of the Vehicle Code, provided that the primary
5duty of these peace officers shall be the enforcement of the law as
6that duty is set forth in Section 1655 of that code.
7(d) Investigators of the California Horse Racing Board
8designated by the board, provided that the primary duty of these
9peace officers shall be the enforcement of Chapter 4 (commencing
10with Section 19400) of Division 8 of the Business and Professions
11Code and Chapter 10 (commencing with Section 330) of Title 9
12of Part 1.
13(e) The State Fire Marshal and assistant or deputy state fire
14marshals appointed pursuant to Section 13103 of the Health and
15Safety Code, provided that the primary duty of these peace officers
16shall be the enforcement of the law as that duty is set forth in
17Section 13104 of that code.
18(f) Inspectors of the food and drug section designated by the
19chief pursuant to subdivision (a) of Section 106500 of the Health
20and Safety Code, provided that the
primary duty of these peace
21officers shall be the enforcement of the law as that duty is set forth
22in Section 106500 of that code.
23(g) All investigators of the Division of Labor Standards
24Enforcement designated by the Labor Commissioner, provided
25that the primary duty of these peace officers shall be the
26enforcement of the law as prescribed in Section 95 of the Labor
27Code.
28(h) All investigators of the State Departments of Health Care
29Services, Public Health, and Social Services, the Department of
30Toxic Substances Control, the Office of Statewide Health Planning
31and Development, and the Public Employees’ Retirement System,
32provided that the primary duty of these peace officers shall be the
33enforcement of the law relating to the duties of his or her
34department or office. Notwithstanding
any other law, investigators
35of the Public Employees’ Retirement System shall not carry
36firearms.
37(i) The Chief of the Bureau of Fraudulent Claims of the
38Department of Insurance and those investigators designated by the
39chief, provided that the primary duty of those investigators shall
40be the enforcement of Section 550.
P36 1(j) Employees of the Department of Housing and Community
2Development designated under Section 18023 of the Health and
3Safety Code, provided that the primary duty of these peace officers
4shall be the enforcement of the law as that duty is set forth in
5Section 18023 of that code.
6(k) Investigators of the office of the Controller, provided that
7the primary duty of these investigators shall be the enforcement
8of
the law relating to the duties of that office. Notwithstanding any
9other law, except as authorized by the Controller, the peace officers
10designated pursuant to this subdivision shall not carry firearms.
11(l) Investigators of the Department of Business Oversight
12designated by the Commissioner of Business Oversight, provided
13that the primary duty of these investigators shall be the enforcement
14of the provisions of law administered by the Department of
15Business Oversight. Notwithstanding any other law, the peace
16officers designated pursuant to this subdivision shall not carry
17firearms.
18(m) Persons employed by the Contractors’ State License Board
19designated by the Director of Consumer Affairs pursuant to Section
207011.5 of the Business and Professions Code, provided that the
21primary
duty of these persons shall be the enforcement of the law
22as that duty is set forth in Section 7011.5, and in Chapter 9
23(commencing with Section 7000) of Division 3, of that code. The
24Director of Consumer Affairs may designate as peace officers not
25more than 12 persons who shall at the time of their designation be
26assigned to the special investigations unit of the board.
27Notwithstanding any other law, the persons designated pursuant
28to this subdivision shall not carry firearms.
29(n) The Chief and coordinators of the Law Enforcement Branch
30of the Office of Emergency Services.
31(o) Investigators of the office of the Secretary of State designated
32by the Secretary of State, provided that the primary duty of these
33peace officers shall be the enforcement of the law as prescribed
34in Chapter
3 (commencing with Section 8200) of Division 1 of
35Title 2 of, and Section 12172.5 of, the Government Code.
36Notwithstanding any other law, the peace officers designated
37pursuant to this subdivision shall not carry firearms.
38(p) The Deputy Director for Security designated by Section
398880.38 of the Government Code, and all lottery security personnel
40assigned to the California State Lottery and designated by the
P37 1director, provided that the primary duty of any of those peace
2officers shall be the enforcement of the laws related to assuring
3the integrity, honesty, and fairness of the operation and
4administration of the California State Lottery.
5(q) Investigators employed by the Investigation Division of the
6Employment Development Department designated by the director
7of the
department, provided that the primary duty of those peace
8officers shall be the enforcement of the law as that duty is set forth
9in Section 317 of the Unemployment Insurance Code.
10Notwithstanding any other law, the peace officers designated
11pursuant to this subdivision shall not carry firearms.
12(r) The chief and assistant chief of museum security and safety
13of the California Science Center, as designated by the executive
14director pursuant to Section 4108 of the Food and Agricultural
15Code, provided that the primary duty of those peace officers shall
16be the enforcement of the law as that duty is set forth in Section
174108 of the Food and Agricultural Code.
18(s) Employees of the Franchise Tax Board designated by the
19board, provided that the primary duty of these peace officers shall
20be
the enforcement of the law as set forth in Chapter 9
21(commencing with Section 19701) of Part 10.2 of Division 2 of
22the Revenue and Taxation Code.
23(t) (1) Notwithstanding any other provision of this section, a
24peace officer authorized by this section shall not be authorized to
25carry firearms by his or her employing agency until that agency
26has adopted a policy on the use of deadly force by those peace
27officers, and until those peace officers have been instructed in the
28employing agency’s policy on the use of deadly force.
29(2) Every peace officer authorized pursuant to this section to
30carry firearms by his or her employing agency shall qualify in the
31use of the firearms at least every six months.
32(u) Investigators of the Department of Managed Health Care
33designated by the Director of the Department of Managed Health
34Care, provided that the primary duty of these investigators shall
35be the enforcement of the provisions of laws administered by the
36Director of the Department of Managed Health Care.
37Notwithstanding any other law, the peace officers designated
38pursuant to this subdivision shall not carry firearms.
39(v) The Chief, Deputy Chief, supervising investigators, and
40investigators of the Office of Protective Services of the State
P38 1Department of Developmental Services, the Office of Protective
2Services of the State Department of State Hospitals, and the Office
3of Law Enforcement Support of the California Health and Human
4Services Agency, provided that the primary duty of each of those
5persons shall be the enforcement of the
law relating to the duties
6of his or her department or office.
7(w) This section shall become operative July 1, 2014.
Section 830.38 of the Penal Code is amended to read:
(a) The officers of a state hospital under the
10jurisdiction of the State Department of State Hospitals or the State
11Department of Developmental Services appointed pursuant to
12Section 4313 or 4493 of the Welfare and Institutions Code, are
13peace officers whose authority extends to any place in the state
14for the purpose of performing their primary duty or when making
15an arrest pursuant to Section 836 as to any public offense with
16respect to which there is immediate danger to person or property,
17or of the escape of the perpetrator of that offense, or pursuant to
18Section 8597 or 8598 of the Government Code provided that the
19primary duty of the peace officers shall be the enforcement of the
20law as set forth in Sections 4311, 4313, 4491, and 4493 of
the
21Welfare and Institutions Code. Those peace officers may carry
22firearms only if authorized and under terms and conditions
23specified by their employing agency.
24(b) By July 1, 2015, the California Health and Human Services
25Agency shall develop training protocols and policies and
26procedures for peace officers specified in subdivision (a). When
27appropriate, training protocols and policies and procedures shall
28be uniformly implemented in both state hospitals and
29developmental centers. Additional training protocols and policies
30and procedures shall be developed to address the unique
31characteristics of the residents in each type of facility.
32(c) In consultation with system stakeholders, the agency shall
33develop recommendations to further improve the quality and
34stability of law
enforcement and investigative functions at both
35developmental centers and state hospitals in a meaningful and
36sustainable manner. These recommendations shall be submitted
37to the budget committees and relevant policy committees of both
38houses of the Legislature no later than January 10, 2015.
Section 1026 of the Penal Code is amended to read:
(a) When a defendant pleads not guilty by reason of
2insanity, and also joins with it another plea or pleas, the defendant
3shall first be tried as if only such other plea or pleas had been
4entered, and in that trial the defendant shall be conclusively
5presumed to have been sane at the time the offense is alleged to
6have been committed. If the jury shall find the defendant guilty,
7or if the defendant pleads only not guilty by reason of insanity,
8then the question whether the defendant was sane or insane at the
9time the offense was committed shall be promptly tried, either
10before the same jury or before a new jury in the discretion of the
11court. In that trial, the jury shall return a verdict either that the
12defendant was sane at the time the offense
was committed or was
13insane at the time the offense was committed. If the verdict or
14finding is that the defendant was sane at the time the offense was
15committed, the court shall sentence the defendant as provided by
16law. If the verdict or finding be that the defendant was insane at
17the time the offense was committed, the court, unless it shall appear
18to the court that the sanity of the defendant has been recovered
19fully, shall direct that the defendant be committed to the State
20Department of State Hospitals for the care and treatment of the
21mentally disordered or any other appropriate public or private
22treatment facility approved by the community program director,
23or the court may order the defendant placed on outpatient status
24pursuant to Title 15 (commencing with Section 1600) of Part 2.
25(b) Prior to making the order directing that
the defendant be
26
committed to the State Department of State Hospitals or other
27treatment facility or placed on outpatient status, the court shall
28order the community program director or a designee to evaluate
29the defendant and to submit to the court within 15 judicial days of
30the order a written recommendation as to whether the defendant
31should be placed on outpatient status or committed to the State
32Department of State Hospitals or other treatment facility. No person
33shall be admitted to a state hospital or other treatment facility or
34placed on outpatient status under this section without having been
35evaluated by the community program director or a designee. If,
36however, it appears to the court that the sanity of the defendant
37has been recovered fully, the defendant shall be remanded to the
38custody of the sheriff until the issue of sanity shall have been
39finally determined in the manner
prescribed by law. A defendant
40committed to a state hospital or other treatment facility or placed
P40 1on outpatient status pursuant to Title 15 (commencing with Section
21600) of Part 2 shall not be released from confinement, parole, or
3outpatient status unless and until the court which committed the
4person shall, after notice and hearing, find and determine that the
5person’s sanity has been restored. Nothing in this section shall
6prevent the transfer of the patient from one state hospital to any
7other state hospital by proper authority. Nothing in this section
8shall prevent the transfer of the patient to a hospital in another
9state in the manner provided in Section 4119 of the Welfare and
10Institutions Code.
11(c) If the defendant is committed or transferred to
the State
12Department of State Hospitals pursuant to this section, the court
13may, upon receiving the written recommendation of the medical
14director of the state hospital and the community program director
15that the defendant be transferred to a public or private treatment
16facility approved by the community program director, order the
17defendant transferred to that facility. If the defendant is committed
18or transferred to a public or private treatment facility approved by
19the community program director, the court may, upon receiving
20the written recommendation of the community program director,
21order the defendant transferred to the State Department of State
22Hospitals or to another public or private treatment facility approved
23by the community program director.
Where either the defendant
24or the prosecuting attorney chooses to contest either kind of order
25of transfer, a petition may be filed in the court requesting a hearing
26which shall be held if the court determines that sufficient grounds
27exist. At that hearing, the prosecuting attorney or the defendant
28may present evidence bearing on the order of transfer. The court
29shall use the same procedures and standards of proof as used in
30conducting probation revocation hearings pursuant to Section
311203.2.
32(d) Prior to making an order for transfer under this section, the
33court shall notify the defendant, the attorney of record for the
34defendant, the prosecuting attorney, and the community program
35director or a designee.
36(e) When the court, after considering the placement
37recommendation
of the community program director required in
38subdivision (b), orders that the defendant be
committed to the State
39Department of State Hospitals or other public or private treatment
40facility, the court shall provide copies of the following documents
P41 1prior to the admission of the defendant to the State Department of
2State Hospitals or other treatment facility where the defendant is
3to be committed:
4(1) The commitment order, including a specification of the
5charges.
6(2) A computation or statement setting forth the maximum term
7of commitment in accordance with Section 1026.5.
8(3) A computation or statement setting forth the amount of credit
9for time served, if any, to be deducted from the maximum term of
10commitment.
11(4) State summary criminal history information.
12(5) Any arrest reports prepared by the police department or other
13law enforcement agency.
14(6) Any court-ordered psychiatric examination or evaluation
15reports.
16(7) The community program director’s placement
17recommendation report.
18(8) Any medical records.
19(f) If the defendant is confined in a state hospital or other
20treatment facility as an inpatient, the medical director of the facility
21shall, at six-month intervals, submit a report in writing to the court
22and the community program director of the county of commitment,
23or a designee, setting forth the status
and progress of the defendant.
24The court shall transmit copies of these reports to the prosecutor
25and defense counsel.
26(g) For purposes of this section and Sections 1026.1 to 1026.6,
27inclusive, “community program director” means the person,
28agency, or entity designated by the State Department of State
29Hospitals pursuant to Section 1605 of this code and Section 4360
30of the Welfare and Institutions Code.
Section 1170 of the Penal Code, as amended by
32Section 5 of Chapter 508 of the Statutes of 2013, is amended to
33read:
(a) (1) The Legislature finds and declares that the
35purpose of imprisonment for crime is punishment. This purpose
36is best served by terms proportionate to the seriousness of the
37offense with provision for uniformity in the sentences of offenders
38committing the same offense under similar circumstances. The
39Legislature further finds and declares that the elimination of
40disparity and the provision of uniformity of sentences can best be
P42 1achieved by determinate sentences fixed by statute in proportion
2to the seriousness of the offense as determined by the Legislature
3to be imposed by the court with specified discretion.
4(2) Notwithstanding paragraph (1), the Legislature
further finds
5and declares that programs should be available for inmates,
6
including, but not limited to, educational programs, that are
7designed to prepare nonviolent felony offenders for successful
8reentry into the community. The Legislature encourages the
9development of policies and programs designed to educate and
10rehabilitate nonviolent felony offenders. In implementing this
11section, the Department of Corrections and Rehabilitation is
12encouraged to give priority enrollment in programs to promote
13successful return to the community to an inmate with a short
14remaining term of commitment and a release date that would allow
15him or her adequate time to complete the program.
16(3) In any case in which the punishment prescribed by statute
17for a person convicted of a public offense is a term of imprisonment
18in the state prison of any specification of three time periods, the
19court shall sentence the
defendant to one of the terms of
20imprisonment specified unless the convicted person is given any
21other disposition provided by law, including a fine, jail, probation,
22or the suspension of imposition or execution of sentence or is
23sentenced pursuant to subdivision (b) of Section 1168 because he
24or she had committed his or her crime prior to July 1, 1977. In
25sentencing the convicted person, the court shall apply the
26sentencing rules of the Judicial Council. The court, unless it
27determines that there are circumstances in mitigation of the
28punishment prescribed, shall also impose any other term that it is
29required by law to impose as an additional term. Nothing in this
30article shall affect any provision of law that imposes the death
31penalty, that authorizes or restricts the granting of probation or
32suspending the execution or imposition of sentence, or expressly
33provides for imprisonment in the state
prison for life, except as
34provided in paragraph (2) of subdivision (d). In any case in which
35the amount of preimprisonment credit under Section 2900.5 or any
36other provision of law is equal to or exceeds any sentence imposed
37pursuant to this chapter, the entire sentence shall be deemed to
38have been served and the defendant shall not be actually delivered
39to the custody of the secretary. The court shall advise the defendant
40that he or she shall serve a period of parole and order the defendant
P43 1to report to the parole office closest to the defendant’s last legal
2residence, unless the in-custody credits equal the total sentence,
3including both confinement time and the period of parole. The
4sentence shall be deemed a separate prior prison term under Section
5667.5, and a copy of the judgment and other necessary
6documentation shall be forwarded to the secretary.
7(b) When a judgment of imprisonment is to be imposed and the
8statute specifies three possible terms, the choice of the appropriate
9term shall rest within the sound discretion of the court. At least
10four days prior to the time set for imposition of judgment, either
11party or the victim, or the family of the victim if the victim is
12deceased, may submit a statement in aggravation or mitigation. In
13determining the appropriate term, the court may consider the record
14in the case, the probation officer’s report, other reports, including
15reports received pursuant to Section 1203.03, and statements in
16aggravation or mitigation submitted by the prosecution, the
17defendant, or the victim, or the family of the victim if the victim
18is deceased, and any further evidence introduced at the sentencing
19hearing. The court shall select the term which, in the court’s
20discretion, best serves the interests of justice. The
court shall set
21forth on the record the reasons for imposing the term selected and
22the court may not impose an upper term by using the fact of any
23enhancement upon which sentence is imposed under any provision
24of law. A term of imprisonment shall not be specified if imposition
25of sentence is suspended.
26(c) The court shall state the reasons for its sentence choice on
27the record at the time of sentencing. The court shall also inform
28the defendant that as part of the sentence after expiration of the
29term he or she may be on parole for a period as provided in Section
303000.
31(d) (1) When a defendant subject to this section or subdivision
32(b) of Section 1168 has been sentenced to be imprisoned in the
33state prison and has been committed to the custody of the
secretary,
34the court may, within 120 days of the date of commitment on its
35own motion, or at any time upon the recommendation of the
36secretary or the Board of Parole Hearings, recall the sentence and
37commitment previously ordered and resentence the defendant in
38the same manner as if he or she had not previously been sentenced,
39provided the new sentence, if any, is no greater than the initial
40sentence. The court resentencing under this subdivision shall apply
P44 1the sentencing rules of the Judicial Council so as to eliminate
2disparity of sentences and to promote uniformity of sentencing.
3Credit shall be given for time served.
4(2) (A) (i) When a defendant who was under 18 years of age
5at the time of the commission of the offense for which the
6defendant was sentenced to imprisonment for life without the
7possibility
of parole has served at least 15 years of that sentence,
8the defendant may submit to the sentencing court a petition for
9recall and resentencing.
10(ii) Notwithstanding clause (i), this paragraph shall not apply
11to defendants sentenced to life without parole for an offense where
12the defendant tortured, as described in Section 206, his or her
13victim or the victim was a public safety official, including any law
14enforcement personnel mentioned in Chapter 4.5 (commencing
15with Section 830) of Title 3, or any firefighter as described in
16Section 245.1, as well as any other officer in any segment of law
17enforcement who is employed by the federal government, the state,
18or any of its political subdivisions.
19(B) The defendant shall file the original petition with the
20sentencing court. A copy of the
petition shall be served on the
21agency that prosecuted the case. The petition shall include the
22defendant’s statement that he or she was under 18 years of age at
23the time of the crime and was sentenced to life in prison without
24the possibility of parole, the defendant’s statement describing his
25or her remorse and work towards rehabilitation, and the defendant’s
26statement that one of the following is true:
27(i) The defendant was convicted pursuant to felony murder or
28aiding and abetting murder provisions of law.
29(ii) The defendant does not have juvenile felony adjudications
30for assault or other felony crimes with a significant potential for
31personal harm to victims prior to the offense for which the sentence
32is being considered for recall.
33(iii) The defendant committed the offense with at least one adult
34codefendant.
35(iv) The defendant has performed acts that tend to indicate
36rehabilitation or the potential for rehabilitation, including, but not
37limited to, availing himself or herself of rehabilitative, educational,
38or vocational programs, if those programs have been available at
39his or her classification level and facility, using self-study for
40self-improvement, or showing evidence of remorse.
P45 1(C) If any of the information required in subparagraph (B) is
2missing from the petition, or if proof of service on the prosecuting
3agency is not provided, the court shall return the petition to the
4defendant and advise the defendant that the matter cannot be
5considered without the missing information.
6(D) A reply to the petition, if any, shall be filed with the court
7within 60 days of the date on which the prosecuting agency was
8served with the petition, unless a continuance is granted for good
9cause.
10(E) If the court finds by a preponderance of the evidence that
11the statements in the petition are true, the court shall hold a hearing
12to consider whether to recall the sentence and commitment
13previously ordered and to resentence the defendant in the same
14manner as if the defendant had not previously been sentenced,
15provided that the new sentence, if any, is not greater than the initial
16sentence. Victims, or victim family members if the victim is
17deceased, shall retain the rights to participate in the hearing.
18(F) The
factors that the court may consider when determining
19whether to recall and resentence include, but are not limited to,
20the following:
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) Prior to the offense for which the sentence is being
30considered for recall, the defendant had insufficient
adult support
31or supervision and had suffered from psychological or physical
32trauma, or significant stress.
33(v) The defendant suffers from cognitive limitations due to
34mental illness, developmental disabilities, or other factors that did
35not constitute a defense, but influenced the defendant’s
36involvement in the offense.
37(vi) The defendant has performed acts that tend to indicate
38rehabilitation or the potential for rehabilitation, including, but not
39limited to, availing himself or herself of rehabilitative, educational,
40or vocational programs, if those programs have been available at
P46 1his or her classification level and facility, using self-study for
2self-improvement, or showing evidence of remorse.
3(vii) The
defendant has maintained family ties or connections
4with others through letter writing, calls, or visits, or has eliminated
5contact with individuals outside of prison who are currently
6involved with crime.
7(viii) The defendant has had no disciplinary actions for violent
8activities in the last five years in which the defendant was
9determined to be the aggressor.
10(G) The court shall have the discretion to recall the sentence
11and commitment previously ordered and to resentence the
12defendant in the same manner as if the defendant had not
13previously been sentenced, provided that the new sentence, if any,
14is not greater than the initial sentence. The discretion of the court
15shall be exercised in consideration of the criteria in subparagraph
16(B). Victims, or victim family members if the
victim is deceased,
17shall be notified of the resentencing hearing and shall retain their
18rights to participate in the hearing.
19(H) If the sentence is not recalled, the defendant may submit
20another petition for recall and resentencing to the sentencing court
21when the defendant has been committed to the custody of the
22department for at least 20 years. If recall and resentencing is not
23granted under that petition, the defendant may file another petition
24after having served 24 years. The final petition may be submitted,
25and the response to that petition shall be determined, during the
2625th year of the defendant’s sentence.
27(I) In addition to the criteria in subparagraph (F), the court may
28consider any other criteria that the court deems relevant to its
29decision, so long as the court
identifies them on the record,
30provides a statement of reasons for adopting them, and states why
31the defendant does or does not satisfy the criteria.
32(J) This subdivision shall have retroactive application.
33(e) (1) Notwithstanding any other law and consistent with
34paragraph (1) of subdivision (a), if the secretary or the Board of
35Parole Hearings or both determine that a prisoner satisfies the
36criteria set forth in paragraph (2), the secretary or the board may
37recommend to the court that the prisoner’s sentence be recalled.
38(2) The court shall have the discretion to resentence or recall if
39the court finds that the facts described in subparagraphs (A) and
40(B) or subparagraphs (B) and (C) exist:
P47 1(A) The prisoner is terminally ill with an incurable condition
2caused by an illness or disease that would produce death within
3six months, as determined by a physician employed by the
4department.
5(B) The conditions under which the prisoner would be released
6or receive treatment do not pose a threat to public safety.
7(C) The prisoner is permanently medically incapacitated with
8a medical condition that renders him or her permanently unable
9to perform activities of basic daily living, and results in the prisoner
10requiring 24-hour total care, including, but not limited to, coma,
11persistent vegetative state, brain death, ventilator-dependency, loss
12of control of muscular or neurological function, and that
13incapacitation did
not exist at the time of the original sentencing.
14The Board of Parole Hearings shall make findings pursuant to
15this subdivision before making a recommendation for resentence
16or recall to the court. This subdivision does not apply to a prisoner
17sentenced to death or a term of life without the possibility of parole.
18(3) Within 10 days of receipt of a positive recommendation by
19the secretary or the board, the court shall hold a hearing to consider
20whether the prisoner’s sentence should be recalled.
21(4) Any physician employed by the department who determines
22that a prisoner has six months or less to live shall notify the chief
23medical officer of the prognosis. If the chief medical officer
24concurs with the prognosis, he or she shall notify the warden.
25Within
48 hours of receiving notification, the warden or the
26warden’s representative shall notify the prisoner of the recall and
27resentencing procedures, and shall arrange for the prisoner to
28designate a family member or other outside agent to be notified
29as to the prisoner’s medical condition and prognosis, and as to the
30recall and resentencing procedures. If the inmate is deemed
31mentally unfit, the warden or the warden’s representative shall
32contact the inmate’s emergency contact and provide the information
33described in paragraph (2).
34(5) The warden or the warden’s representative shall provide the
35prisoner and his or her family member, agent, or emergency
36contact, as described in paragraph (4), updated information
37throughout the recall and resentencing process with regard to the
38prisoner’s medical condition and the status of the prisoner’s recall
39and
resentencing proceedings.
P48 1(6) Notwithstanding any other provisions of this section, the
2prisoner or his or her family member or designee may
3independently request consideration for recall and resentencing
4by contacting the chief medical officer at the prison or the
5secretary. Upon receipt of the request, the chief medical officer
6and the warden or the warden’s representative shall follow the
7procedures described in paragraph (4). If the secretary determines
8that the prisoner satisfies the criteria set forth in paragraph (2), the
9secretary or board may recommend to the court that the prisoner’s
10sentence be recalled. The secretary shall submit a recommendation
11
for release within 30 days in the case of inmates sentenced to
12determinate terms and, in the case of inmates sentenced to
13indeterminate terms, the secretary shall make a recommendation
14to the Board of Parole Hearings with respect to the inmates who
15have applied under this section. The board shall consider this
16information and make an independent judgment pursuant to
17paragraph (2) and make findings related thereto before rejecting
18the request or making a recommendation to the court. This action
19shall be taken at the next lawfully noticed board meeting.
20(7) Any recommendation for recall submitted to the court by
21the secretary or the Board of Parole Hearings shall include one or
22more medical evaluations, a postrelease plan, and findings pursuant
23to paragraph (2).
24(8) If possible, the matter shall be heard before the same judge
25of the court who sentenced the prisoner.
26(9) If the court grants the recall and resentencing application,
27the prisoner shall be released by the department within 48 hours
28of receipt of the court’s order, unless a longer time period is agreed
29to by the inmate. At the time of release, the warden or the warden’s
30representative shall ensure that the prisoner has each of the
31following in his or her possession: a discharge medical summary,
32full medical records, state identification, parole medications, and
33all property belonging to the prisoner. After discharge, any
34additional records shall be sent to the prisoner’s forwarding
35address.
36(10) The secretary shall issue a directive to medical and
37correctional
staff employed by the department that details the
38guidelines and procedures for initiating a recall and resentencing
39procedure. The directive shall clearly state that any prisoner who
40is given a prognosis of six months or less to live is eligible for
P49 1recall and resentencing consideration, and that recall and
2resentencing procedures shall be initiated upon that prognosis.
3(f) Notwithstanding any other provision of this section, for
4purposes of paragraph (3) of subdivision (h), any allegation that
5a defendant is eligible for state prison due to a prior or current
6conviction, sentence enhancement, or because he or she is required
7to register as a sex offender shall not be subject to dismissal
8pursuant to Section 1385.
9(g) A sentence to state prison for a determinate term for which
10only
one term is specified, is a sentence to state prison under this
11section.
12(h) (1) Except as provided in paragraph (3), a felony punishable
13pursuant to this subdivision where the term is not specified in the
14underlying offense shall be punishable by a term of imprisonment
15in a county jail for 16 months, or two or three years.
16(2) Except as provided in paragraph (3), a felony punishable
17pursuant to this subdivision shall be punishable by imprisonment
18in a county jail for the term described in the underlying offense.
19(3) Notwithstanding paragraphs (1) and (2), where the defendant
20(A) has a prior or current felony conviction for a serious felony
21described in subdivision (c) of Section 1192.7 or a prior or current
22conviction
for a violent felony described in subdivision (c) of
23Section 667.5, (B) has a prior felony conviction in another
24jurisdiction for an offense that has all the elements of a serious
25felony described in subdivision (c) of Section 1192.7 or a violent
26felony described in subdivision (c) of Section 667.5, (C) is required
27to register as a sex offender pursuant to Chapter 5.5 (commencing
28with Section 290) of Title 9 of Part 1, or (D) is convicted of a crime
29and as part of the sentence an enhancement pursuant to Section
30186.11 is imposed, an executed sentence for a felony punishable
31pursuant to this subdivision shall be served in state prison.
32(4) Nothing in this subdivision shall be construed to prevent
33other dispositions authorized by law, including pretrial diversion,
34deferred entry of judgment, or an order granting probation pursuant
35to Section
1203.1.
36(5) (A) Unless the court finds that, in the interests of justice, it
37is not appropriate in a particular case, the court, when imposing a
38sentence pursuant to paragraph (1) or (2) of this subdivision,
shall
39suspend execution of a concluding portion of the term for a period
40selected at the court’s discretion.
P50 1(B) The portion of a defendant’s sentenced term that is
2suspended pursuant to this paragraph shall be known as mandatory
3supervision, and shall begin upon release from custody. During
4the period of mandatory supervision, the defendant shall be
5supervised by the county probation officer in accordance with the
6terms, conditions, and procedures generally applicable to persons
7placed on probation, for the remaining unserved portion of the
8sentence imposed by the court. The period of supervision shall be
9mandatory, and may not be earlier terminated except by court
10order. Any proceeding to revoke or modify mandatory supervision
11under this subparagraph shall be conducted pursuant to either
12subdivisions (a) and (b)
of Section 1203.2 or Section 1203.3.
13During the period when the defendant is under such supervision,
14unless in actual custody related to the sentence imposed by the
15court, the defendant shall be entitled to only actual time credit
16against the term of imprisonment imposed by the court. Any time
17period which is suspended because a person has absconded shall
18not be credited toward the period of supervision.
19(6) The sentencing changes made by the act that added this
20subdivision shall be applied prospectively to any person sentenced
21on or after October 1, 2011, until December 31, 2014.
22(7) The sentencing changes made by the act that added this
23paragraph shall be applied prospectively to any person sentenced
24on or after January 1, 2015.
25(i) This section shall remain in effect only until January 1, 2017,
26and as of that date is repealed, unless a later enacted statute, that
27is enacted before that date, deletes or extends that date.
Section 1170 of the Penal Code, as amended by
29Section 6 of Chapter 508 of the Statutes of 2013, is amended to
30read:
(a) (1) The Legislature finds and declares that the
32purpose of imprisonment for crime is punishment. This purpose
33is best served by terms proportionate to the seriousness of the
34offense with provision for uniformity in the sentences of offenders
35committing the same offense under similar circumstances. The
36Legislature further finds and declares that the elimination of
37disparity and the provision of uniformity of sentences can best be
38achieved by determinate sentences fixed by statute in proportion
39to the seriousness of the offense as determined by the Legislature
40to be imposed by the court with specified discretion.
P51 1(2) Notwithstanding paragraph (1), the Legislature
further finds
2and declares that programs should be available for inmates,
3
including, but not limited to, educational programs, that are
4designed to prepare nonviolent felony offenders for successful
5reentry into the community. The Legislature encourages the
6development of policies and programs designed to educate and
7rehabilitate nonviolent felony offenders. In implementing this
8section, the Department of Corrections and Rehabilitation is
9encouraged to give priority enrollment in programs to promote
10successful return to the community to an inmate with a short
11remaining term of commitment and a release date that would allow
12him or her adequate time to complete the program.
13(3) In any case in which the punishment prescribed by statute
14for a person convicted of a public offense is a term of imprisonment
15in the state prison of any specification of three time periods, the
16court shall sentence the
defendant to one of the terms of
17imprisonment specified unless the convicted person is given any
18other disposition provided by law, including a fine, jail, probation,
19or the suspension of imposition or execution of sentence or is
20sentenced pursuant to subdivision (b) of Section 1168 because he
21or she had committed his or her crime prior to July 1, 1977. In
22sentencing the convicted person, the court shall apply the
23sentencing rules of the Judicial Council. The court, unless it
24determines that there are circumstances in mitigation of the
25punishment prescribed, shall also impose any other term that it is
26required by law to impose as an additional term. Nothing in this
27article shall affect any provision of law that imposes the death
28penalty, that authorizes or restricts the granting of probation or
29suspending the execution or imposition of sentence, or expressly
30provides for imprisonment in the state
prison for life, except as
31provided in paragraph (2) of subdivision (d). In any case in which
32the amount of preimprisonment credit under Section 2900.5 or any
33other provision of law is equal to or exceeds any sentence imposed
34pursuant to this chapter, the entire sentence shall be deemed to
35have been served and the defendant shall not be actually delivered
36to the custody of the secretary. The court shall advise the defendant
37that he or she shall serve a period of parole and order the defendant
38to report to the parole office closest to the defendant’s last legal
39residence, unless the in-custody credits equal the total sentence,
40including both confinement time and the period of parole. The
P52 1sentence shall be deemed a separate prior prison term under Section
2667.5, and a copy of the judgment and other necessary
3documentation shall be forwarded to the secretary.
4(b) When a judgment of imprisonment is to be imposed and the
5statute specifies three possible terms, the court shall order
6imposition of the middle term, unless there are circumstances in
7aggravation or mitigation of the crime. At least four days prior to
8the time set for imposition of judgment, either party or the victim,
9or the family of the victim if the victim is deceased, may submit
10a statement in aggravation or mitigation to dispute facts in the
11record or the probation officer’s report, or to present additional
12facts. In determining whether there are circumstances that justify
13imposition of the upper or lower term, the court may consider the
14record in the case, the probation officer’s report, other reports,
15including reports received pursuant to Section 1203.03, and
16statements in aggravation or mitigation submitted by the
17prosecution, the defendant, or the victim, or the family of the
victim
18if the victim is deceased, and any further evidence introduced at
19the sentencing hearing. The court shall set forth on the record the
20facts and reasons for imposing the upper or lower term. The court
21may not impose an upper term by using the fact of any
22enhancement upon which sentence is imposed under any provision
23of law. A term of imprisonment shall not be specified if imposition
24of sentence is suspended.
25(c) The court shall state the reasons for its sentence choice on
26the record at the time of sentencing. The court shall also inform
27the defendant that as part of the sentence after expiration of the
28term he or she may be on parole for a period as provided in Section
293000.
30(d) (1) When a defendant subject to this section or subdivision
31(b)
of Section 1168 has been sentenced to be imprisoned in the
32state prison and has been committed to the custody of the secretary,
33the court may, within 120 days of the date of commitment on its
34own motion, or at any time upon the recommendation of the
35secretary or the Board of Parole Hearings, recall the sentence and
36commitment previously ordered and resentence the defendant in
37the same manner as if he or she had not previously been sentenced,
38provided the new sentence, if any, is no greater than the initial
39sentence. The court resentencing under this subdivision shall apply
40the sentencing rules of the Judicial Council so as to eliminate
P53 1disparity of sentences and to promote uniformity of sentencing.
2Credit shall be given for time served.
3(2) (A) (i) When a defendant who was under 18 years of age
4at
the time of the commission of the offense for which the
5defendant was sentenced to imprisonment for life without the
6possibility of parole has served at least 15 years of that sentence,
7the defendant may submit to the sentencing court a petition for
8recall and resentencing.
9(ii) Notwithstanding clause (i), this paragraph shall not apply
10to defendants sentenced to life without parole for an offense where
11the defendant tortured, as described in Section 206, his or her
12victim or the victim was a public safety official, including any law
13enforcement personnel mentioned in Chapter 4.5 (commencing
14with Section 830) of Title 3, or any firefighter as described in
15Section 245.1, as well as any other officer in any segment of law
16enforcement who is employed by the federal government, the state,
17or any of its political subdivisions.
18(B) The defendant shall file the original petition with the
19sentencing court. A copy of the petition shall be served on the
20agency that prosecuted the case. The petition shall include the
21defendant’s statement that he or she was under 18 years of age at
22the time of the crime and was sentenced to life in prison without
23the possibility of parole, the defendant’s statement describing his
24or her remorse and work towards rehabilitation, and the defendant’s
25statement that one of the following is true:
26(i) The defendant was convicted pursuant to felony murder or
27aiding and abetting murder provisions of law.
28(ii) The defendant does not have juvenile felony adjudications
29for assault or other felony crimes with a significant potential
for
30personal harm to victims prior to the offense for which the sentence
31is being considered for recall.
32(iii) The defendant committed the offense with at least one adult
33codefendant.
34(iv) The defendant has performed acts that tend to indicate
35rehabilitation or the potential for rehabilitation, including, but not
36limited to, availing himself or herself of rehabilitative, educational,
37or vocational programs, if those programs have been available at
38his or her classification level and facility, using self-study for
39self-improvement, or showing evidence of remorse.
P54 1(C) If any of the information required in subparagraph (B) is
2missing from the petition, or if proof of service on the prosecuting
3agency is not
provided, the court shall return the petition to the
4defendant and advise the defendant that the matter cannot be
5considered without the missing information.
6(D) A reply to the petition, if any, shall be filed with the court
7within 60 days of the date on which the prosecuting agency was
8served with the petition, unless a continuance is granted for good
9cause.
10(E) If the court finds by a preponderance of the evidence that
11the statements in the petition are true, the court shall hold a hearing
12to consider whether to recall the sentence and commitment
13previously ordered and to resentence the defendant in the same
14manner as if the defendant had not previously been sentenced,
15provided that the new sentence, if any, is not greater than the initial
16sentence. Victims, or victim family
members if the victim is
17
deceased, shall retain the rights to participate in the hearing.
18(F) The factors that the court may consider when determining
19whether to recall and resentence include, but are not limited to,
20the following:
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) Prior to the offense for which the sentence is being
30considered for recall, the defendant had insufficient adult support
31or supervision and had suffered from psychological or physical
32trauma, or significant stress.
33(v) The defendant suffers from cognitive limitations due to
34mental illness, developmental disabilities, or other factors that did
35not constitute a defense, but influenced the defendant’s
36involvement in the offense.
37(vi) The defendant has performed acts that tend to indicate
38rehabilitation or the potential for rehabilitation, including, but not
39limited to, availing himself or herself of rehabilitative, educational,
40or vocational programs, if those programs have been available at
P55 1his or her
classification level and facility, using self-study for
2self-improvement, or showing evidence of remorse.
3(vii) The defendant has maintained family ties or connections
4with others through letter writing, calls, or visits, or has eliminated
5contact with individuals outside of prison who are currently
6involved with crime.
7(viii) The defendant has had no disciplinary actions for violent
8activities in the last five years in which the defendant was
9determined to be the aggressor.
10(G) The court shall have the discretion to recall the sentence
11and commitment previously ordered and to resentence the
12defendant in the same manner as if the defendant had not
13previously been sentenced, provided that the new sentence, if any,
14is
not greater than the initial sentence. The discretion of the court
15shall be exercised in consideration of the criteria in subparagraph
16(B). Victims, or victim family members if the victim is deceased,
17shall be notified of the resentencing hearing and shall retain their
18rights to participate in the hearing.
19(H) If the sentence is not recalled, the defendant may submit
20another petition for recall and resentencing to the sentencing court
21when the defendant has been committed to the custody of the
22department for at least 20 years. If recall and resentencing is not
23granted under that petition, the defendant may file another petition
24after having served 24 years. The final petition may be submitted,
25and the response to that petition shall be determined, during the
2625th year of the defendant’s sentence.
27(I) In addition to the criteria in subparagraph (F), the court may
28consider any other criteria that the court deems relevant to its
29decision, so long as the court identifies them on the record,
30provides a statement of reasons for adopting them, and states why
31the defendant does or does not satisfy the criteria.
32(J) This subdivision shall have retroactive application.
33(e) (1) Notwithstanding any other law and consistent with
34paragraph (1) of subdivision (a), if the secretary or the Board of
35Parole Hearings or both determine that a prisoner satisfies the
36criteria set forth in paragraph (2), the secretary or the board may
37recommend to the court that the prisoner’s sentence be recalled.
38(2) The
court shall have the discretion to resentence or recall if
39the court finds that the facts described in subparagraphs (A) and
40(B) or subparagraphs (B) and (C) exist:
P56 1(A) The prisoner is terminally ill with an incurable condition
2caused by an illness or disease that would produce death within
3six months, as determined by a physician employed by the
4department.
5(B) The conditions under which the prisoner would be released
6or receive treatment do not pose a threat to public safety.
7(C) The prisoner is permanently medically incapacitated with
8a medical condition that renders him or her permanently unable
9to perform activities of basic daily living, and results in the prisoner
10requiring 24-hour total care, including, but not limited
to, coma,
11persistent vegetative state, brain death, ventilator-dependency, loss
12of control of muscular or neurological function, and that
13incapacitation did not exist at the time of the original sentencing.
14The Board of Parole Hearings shall make findings pursuant to
15this subdivision before making a recommendation for resentence
16or recall to the court. This subdivision does not apply to a prisoner
17sentenced to death or a term of life without the possibility of parole.
18(3) Within 10 days of receipt of a positive recommendation by
19the secretary or the board, the court shall hold a hearing to consider
20whether the prisoner’s sentence should be recalled.
21(4) Any physician employed by the department who determines
22that a prisoner has six months or
less to live shall notify the chief
23medical officer of the prognosis. If the chief medical officer
24concurs with the prognosis, he or she shall notify the warden.
25Within 48 hours of receiving notification, the warden or the
26warden’s representative shall notify the prisoner of the recall and
27resentencing procedures, and shall arrange for the prisoner to
28designate a family member or other outside agent to be notified
29as to the prisoner’s medical condition and prognosis, and as to the
30recall and resentencing procedures. If the inmate is deemed
31mentally unfit, the warden or the warden’s representative shall
32contact the inmate’s emergency contact and provide the information
33described in paragraph (2).
34(5) The warden or the warden’s representative shall provide the
35prisoner and his or her family member, agent, or emergency
36contact, as
described in paragraph (4), updated information
37throughout the recall and resentencing process with regard to the
38prisoner’s medical condition and the status of the prisoner’s recall
39and resentencing proceedings.
P57 1(6) Notwithstanding any other provisions of this section, the
2prisoner or his or her family member or designee may
3independently request consideration for recall and resentencing
4by contacting the chief medical officer at the prison or the
5secretary. Upon receipt of the request, the chief medical officer
6and the warden or the warden’s representative shall follow the
7procedures described in paragraph (4). If the secretary determines
8that the prisoner satisfies the criteria set forth in paragraph (2), the
9secretary or board may recommend to the court that the prisoner’s
10sentence be recalled. The secretary shall submit a recommendation
11for
release within 30 days in the case of inmates sentenced to
12determinate terms and, in the case of inmates sentenced to
13indeterminate terms, the secretary shall make a recommendation
14to the Board of Parole Hearings with respect to the inmates who
15have applied under this section. The board shall consider this
16information and make an independent judgment pursuant to
17paragraph (2) and make findings related thereto before rejecting
18the request or making a recommendation to the court. This action
19shall be taken at the next lawfully noticed board meeting.
20(7) Any recommendation for recall submitted to the court by
21the secretary or the Board of Parole Hearings shall include one or
22more medical evaluations, a postrelease plan, and findings pursuant
23to paragraph (2).
24(8) If possible, the
matter shall be heard before the same judge
25of the court who sentenced the prisoner.
26(9) If the court grants the recall and resentencing application,
27the prisoner shall be released by the department within 48 hours
28of receipt of the court’s order, unless a longer time period is agreed
29to by the inmate. At the time of release, the warden or the warden’s
30representative shall ensure that the prisoner has each of the
31following in his or her possession: a discharge medical summary,
32full medical records, state identification, parole medications, and
33all property belonging to the prisoner. After discharge, any
34additional records shall be sent to the prisoner’s forwarding
35address.
36(10) The secretary shall issue a directive to medical and
37correctional staff employed by the
department that details the
38guidelines and procedures for initiating a recall and resentencing
39procedure. The directive shall clearly state that any prisoner who
40is given a prognosis of six months or less to live is eligible for
P58 1recall and resentencing consideration, and that recall and
2resentencing procedures shall be initiated upon that prognosis.
3(f) Notwithstanding any other provision of this section, for
4purposes of paragraph (3) of subdivision (h), any allegation that
5a defendant is eligible for state prison due to a prior or current
6conviction, sentence enhancement, or because he or she is required
7to register as a sex offender shall not be subject to dismissal
8pursuant to Section 1385.
9(g) A sentence to state prison for a determinate term for which
10only one term is specified,
is a sentence to state prison under this
11section.
12(h) (1) Except as provided in paragraph (3), a felony punishable
13pursuant to this subdivision where the term is not specified in the
14underlying offense shall be punishable by a term of imprisonment
15in a county jail for 16 months, or two or three years.
16(2) Except as provided in paragraph (3), a felony punishable
17pursuant to this subdivision shall be punishable by imprisonment
18in a county jail for the term described in the underlying offense.
19(3) Notwithstanding paragraphs (1) and (2), where the defendant
20(A) has a prior or current felony conviction for a serious felony
21described in subdivision (c) of Section 1192.7 or a prior or current
22conviction for
a violent felony described in subdivision (c) of
23Section 667.5, (B) has a prior felony conviction in another
24jurisdiction for an offense that has all the elements of a serious
25felony described in subdivision (c) of Section 1192.7 or a violent
26felony described in subdivision (c) of Section 667.5, (C) is required
27to register as a sex offender pursuant to Chapter 5.5 (commencing
28with Section 290) of Title 9 of Part 1, or (D) is convicted of a crime
29and as part of the sentence an enhancement pursuant to Section
30186.11 is imposed, an executed sentence for a felony punishable
31pursuant to this subdivision shall be served in state prison.
32(4) Nothing in this subdivision shall be construed to prevent
33other dispositions authorized by law, including pretrial diversion,
34deferred entry of judgment, or an order granting probation pursuant
35to Section
1203.1.
36(5) (A) Unless the court finds, in the interest of justice, that it
37is not appropriate in a particular case, the court, when imposing a
38sentence pursuant to paragraph (1) or (2) of this subdivision, shall
39suspend execution of a concluding portion of the term for a period
40selected at the court’s discretion.
P59 1(B) The portion of a defendant’s sentenced term that is
2suspended pursuant to this paragraph shall be known as mandatory
3supervision, and shall begin upon release from custody. During
4the period of mandatory supervision, the defendant shall be
5supervised by the county probation officer in accordance with the
6terms, conditions, and procedures generally applicable to persons
7placed on probation, for the remaining unserved portion of the
8sentence
imposed by the court. The period of supervision shall be
9mandatory, and may not be earlier terminated except by court
10order. Any proceeding to revoke or modify mandatory supervision
11under this subparagraph shall be conducted pursuant to either
12subdivisions (a) and (b) of Section 1203.2 or Section 1203.3.
13During the period when the defendant is under such supervision,
14unless in actual custody related to the sentence imposed by the
15court, the defendant shall be entitled to only actual time credit
16against the term of imprisonment imposed by the court. Any time
17period which is suspended because a person has absconded shall
18not be credited toward the period of supervision.
19(6) The sentencing changes made by the act that added this
20subdivision shall be applied prospectively to any person sentenced
21on or after October 1, 2011, until December 31,
2014.
22(7) The sentencing changes made by the act that added this
23subdivision shall be applied prospectively to any person sentenced
24on or after January 1, 2015.
25(i) This section shall become operative on January 1, 2017.
Section 1170.06 is added to the Penal Code, to read:
(a) Notwithstanding any other law, a sheriff or a
28county director of corrections is authorized to offer a program
29under which inmates as specified in subdivision (c), who are not
30precluded by subdivision (d), and who have been committed to a
31county jail may be allowed to participate in a voluntary alternative
32custody program as defined in subdivision (b) in lieu of their
33confinement in a county jail. Under this program, one day of
34participation is in lieu of one day of incarceration in a county jail.
35Participants in the program shall receive any sentence reduction
36credits that they would have received had they served their sentence
37in a county jail, and are subject to denial and loss of credit pursuant
38to subdivision (d) of
Section 4019. The sheriff or the county
39director of corrections may enter into contracts with county
P60 1agencies, not-for-profit organizations, for-profit organizations, and
2others in order to promote alternative custody placements.
3(b) As used in this section, an alternative custody program shall
4include, but is not limited to, the following:
5(1) Confinement to a residential home during the hours
6designated by the sheriff or the county director of corrections.
7(2) Confinement to a residential drug or treatment program
8during the hours designated by the county sheriff or the county
9director of corrections.
10(3) Confinement to a transitional care facility that offers
11appropriate
services.
12(4) Confinement to a mental health clinic or hospital that offers
13appropriate mental health services.
14(c) Except as provided by subdivision (d), inmates sentenced
15to a county jail for a determinate term of imprisonment pursuant
16to a misdemeanor or a felony pursuant to subdivision (h) of Section
171170, and only those persons, are eligible to participate in the
18alternative custody program authorized by this section.
19(d) An inmate committed to a county jail who meets any of the
20following criteria is not eligible to participate in the alternative
21custody program:
22(1) The person was screened by the sheriff or the county director
23of corrections using a
validated risk assessment tool and determined
24to pose a high risk to commit a violent offense.
25(2) The person has a history, within the last 10 years, of escape
26from a facility while under juvenile or adult custody, including,
27but not limited to, any detention facility, camp, jail, or state prison
28facility.
29(3) The person has a current or prior conviction for an offense
30that requires the person to register as a sex offender as provided
31in Chapter 5.5. (commencing with Section 290) of Title 9 of Part
321.
33(e) An alternative custody program may include the use of
34electronic monitoring, global positioning system devices, or other
35supervising devices for the purpose of helping to verify a
36participant’s compliance with the
rules and regulations of the
37program. The devices shall not be used to eavesdrop or record any
38conversation, except a conversation between the participant and
39the person supervising the participant, in which case the recording
P61 1of the conversation is to be used solely for the purposes of voice
2identification.
3(f) (1) In order to implement alternative custody for the
4population specified in subdivision (c), the sheriff or the county
5director of corrections shall create, and the participant shall agree
6to and fully participate in, an individualized treatment and
7rehabilitation plan. When available and appropriate for the
8individualized treatment and rehabilitation plan, the sheriff or the
9county director of corrections shall prioritize the use of
10evidence-based programs and services that will aid in the
11participant’s
successful reentry into society while he or she takes
12part in alternative custody. Case management services shall be
13provided to support rehabilitation and to track the progress and
14individualized treatment plan compliance of the inmate.
15(2) For purposes of this section, “evidence-based practices”
16means supervision policies, procedures, programs, and practices
17demonstrated by scientific research to reduce recidivism among
18individuals under probation, parole, or postrelease community
19supervision.
20(g) The sheriff or the county director of corrections shall
21prescribe reasonable rules to govern the operation of the alternative
22custody program. Each participant shall be informed in writing
23that he or she is required to comply with the rules of the program,
24including, but not limited
to, the following rules:
25(1) The participant shall remain within the interior premises of
26his or her residence during the hours designated by the sheriff or
27his or her designee or the county director of corrections or his or
28her designee.
29(2) The participant shall be subject to search and seizure by a
30peace officer at any time of the day or night, with or without cause.
31In addition, the participant shall admit any peace officer designated
32by the sheriff or his or her designee or the county director of
33corrections or his or her designee into the participant’s residence
34at any time for purposes of verifying the participant’s compliance
35with the conditions of his or her detention. Prior to participation
36in the alternative custody program, each participant shall agree in
37writing to
these terms and conditions.
38(3) The sheriff or his or her designee, or the county director of
39corrections or his or her designee, may immediately retake the
40participant into custody to serve the balance of his or her sentence
P62 1if an electronic monitoring or supervising device is unable for any
2reason to properly perform its function at the designated place of
3detention, if the participant fails to remain within the place of
4detention as stipulated in the agreement, or if the participant for
5any other reason no longer meets the criteria under this section.
6(h) Whenever a peace officer supervising a participant has
7reasonable suspicion to believe that the participant is not complying
8with the rules or conditions of the program, or that a required
9electronic monitoring device is unable to
function properly in the
10designated place of confinement, the peace officer may, under
11general or specific authorization of the sheriff or his or her
12designee, or the county director of corrections or his or her
13designee, and without a warrant of arrest, retake the participant
14into custody to complete the remainder of the original sentence.
15(i) This section shall not be construed to require a sheriff or his
16or her designee, or a county director of corrections or his or her
17designee, to allow an inmate to participate in this program if it
18appears from the record that the inmate has not satisfactorily
19complied with reasonable rules and regulations while in custody.
20An inmate shall be eligible for participation in an alternative
21custody program only if the sheriff or his or her designee or the
22county director of corrections or his or her
designee concludes that
23the inmate meets the criteria for program participation established
24under this section and that the inmate’s participation is consistent
25with any reasonable rules prescribed by the sheriff or the county
26director of corrections.
27(1) The rules and administrative policies of the program shall
28be written and shall be given or made available to each participant
29upon assignment to the alternative custody program.
30(2) The sheriff or his or her designee or the county director of
31corrections or his or her designee shall have the sole discretion
32concerning whether to permit program participation as an
33alternative to custody in a county jail. A risk and needs assessment
34shall be completed on each inmate to assist in the determination
35of eligibility for participation
and the type of alternative custody.
36(j) (1) The sheriff or his or her designee or the county director
37of corrections or his or her designee shall permit program
38participants to seek and retain employment in the community,
39attend psychological counseling sessions or educational or
40vocational training classes, participate in life skills or parenting
P63 1training, utilize substance abuse treatment services, or seek
2medical, mental health, and dental assistance based upon the
3participant’s individualized treatment and release plan.
4Participation in other rehabilitative services and programs may be
5approved by the case manager if it is specified as a requirement
6of the inmate’s individualized treatment and rehabilitative case
7plan.
8(2) Willful failure of the
program participant to return to the
9place of detention prior to the expiration of any period of time
10during which he or she is authorized to be away from the place of
11detention, unauthorized departures from the place of detention, or
12tampering with or disabling, or attempting to tamper with or
13disable, an electronic monitoring device is punishable pursuant to
14Section 4532 and shall additionally subject the participant to a
15return to custody pursuant to subdivisions (g) and (h). In addition,
16participants may be subject to forfeiture of credits pursuant to the
17provisions of Section 4019, or to discipline for violation of rules
18established by the sheriff or the county director of corrections.
19(k) (1) Notwithstanding any other law, the sheriff or his or her
20designee or the county director of corrections or his or her designee
21
shall provide the information specified in paragraph (2) regarding
22participants in an alternative custody program to the law
23enforcement agencies of the jurisdiction in which persons
24participating in an alternative custody program reside.
25(2) The information required by paragraph (1) shall consist of
26the following:
27(A) The participant’s name, address, and date of birth.
28(B) The offense committed by the participant.
29(C) The period of time the participant will be subject to an
30alternative custody program.
31(3) The information received by a law enforcement agency
32pursuant to this subdivision may be used for
the purpose of
33monitoring the impact of an alternative custody program on the
34community.
35(l) It is the intent of the Legislature that the alternative custody
36programs established under this section maintain the highest public
37confidence, credibility, and public safety. In the furtherance of
38these standards, the sheriff or the county director of corrections
39may administer an alternative custody program pursuant to written
40contracts with appropriate public agencies or entities to provide
P64 1specified program services. No public agency or entity entering
2into a contract may itself employ any person who is in an
3alternative custody program. The sheriff or the county director of
4corrections shall determine the recidivism rate of each participant
5in an alternative custody program.
6(m) An inmate participating in this program shall voluntarily
7agree to all of the provisions of the program in writing, including
8that he or she may be returned to confinement at any time with or
9without cause, and shall not be charged fees or costs for the
10program.
11(n) If a phrase, clause, sentence, or provision of this section or
12application thereof to a person or circumstance is held invalid, that
13invalidity shall not affect any other phrase, clause, sentence, or
14provision or application of this section, which can be given effect
15without the invalid phrase, clause, sentence, or provision or
16application and to this end the provisions of this section are
17declared to be severable.
Section 1170.3 of the Penal Code, as amended by
19Section 9 of Chapter 508 of the Statutes of 2013, is amended to
20read:
The Judicial Council shall seek to promote uniformity
22in sentencing under Section 1170 by:
23(a) The adoption of rules providing criteria for the consideration
24of the trial judge at the time of sentencing regarding the court’s
25decision to:
26(1) Grant or deny probation.
27(2) Impose the lower, middle, or upper prison term.
28(3) Impose concurrent or consecutive sentences.
29(4) Determine whether or not to impose an enhancement where
30that determination is permitted by
law.
31(5) Deny a period of mandatory supervision in the interests of
32justice under paragraph (5) of subdivision (h) of Section 1170 or
33determine the appropriate period and conditions of mandatory
34supervision. The rules implementing this paragraph shall be
35adopted no later than January 1, 2015.
36(b) The adoption of rules standardizing the minimum content
37and the sequential presentation of material in probation officer
38reports submitted to the court regarding probation and mandatory
39supervision under paragraph (5) of subdivision (h) of Section 1170.
P65 1(c) This section shall remain in effect only until January 1, 2017,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before
January 1, 2017, deletes or extends that date.
Section 1170.3 of the Penal Code, as amended by
5Section 10 of Chapter 508 of the Statutes of 2013, is amended to
6read:
The Judicial Council shall seek to promote uniformity
8in sentencing under Section 1170 by:
9(a) The adoption of rules providing criteria for the consideration
10of the trial judge at the time of sentencing regarding the court’s
11decision to:
12(1) Grant or deny probation.
13(2) Impose the lower or upper prison term.
14(3) Impose concurrent or consecutive sentences.
15(4) Determine whether or not to impose an enhancement where
16that determination is permitted by law.
17(5) Deny a period of mandatory supervision in the interests of
18justice under paragraph (5) of subdivision (h) of Section 1170 or
19determine the appropriate period and conditions of mandatory
20supervision. The rules implementing this paragraph shall be
21adopted no later than January 1, 2015.
22(b) The adoption of rules standardizing the minimum content
23and the sequential presentation of material in probation officer
24reports submitted to the court regarding probation and mandatory
25supervision under paragraph (5) of subdivision (h) of Section 1170.
26(c) This section shall become operative on January 1, 2017.
Section 1233.10 is added to the Penal Code, to read:
(a) Upon agreement to accept funding from the
29Recidivism Reduction Fund, created in Section 1233.9, a county
30board of supervisors, in collaboration with the county’s Community
31Corrections Partnership, shall develop, administer, and collect and
32submit data to the Board of State and Community Corrections
33regarding a competitive grant program intended to fund community
34recidivism and crime reduction services, including, but not limited
35to, delinquency prevention, homelessness prevention, and reentry
36services. The funding shall be allocated to counties by the State
37Controller’s Office from Item 5227-101-3259 of Section 2.00 of
38the Budget Act of 2014-15 according to the following schedule:
| Alameda | $250,000 |
| Alpine | $10,000 |
| Amador | $10,000 |
| Butte | $50,000 |
| Calaveras | $10,000 |
| Colusa | $10,000 |
| Contra Costa | $250,000 |
| Del Norte | $10,000 |
| El Dorado | $50,000 |
| Fresno | $250,000 |
| Glenn | $10,000 |
| Humboldt | $50,000 |
| Imperial | $50,000 |
| Inyo | $10,000 |
| Kern | $250,000 |
| Kings | $50,000 |
| Lake | $25,000 |
| Lassen | $10,000 |
| Los Angeles | $1,600,000 |
| Madera | $50,000 |
| Marin | $50,000 |
| Mariposa | $10,000 |
| Mendocino | $25,000 |
| Merced | $50,000 |
| Modoc | $10,000 |
| Mono | $10,000 |
| Monterey | $100,000 |
| Napa | $50,000 |
| Nevada | $25,000 |
| Orange | $500,000 |
| Placer | $50,000 |
| Plumas | $10,000 |
| Riverside | $500,000 |
| Sacramento | $250,000 |
| San Benito | $25,000 |
| San Bernadino | $500,000 |
| San Diego | $500,000 |
| San Francisco | $250,000 |
| San Joaquin | $250,000 |
| San Luis Obispo | $50,000 |
| San Mateo | $250,000 |
| Santa Barbara | $100,000 |
| Santa Clara | $500,000 |
| Santa Cruz | $50,000 |
| Shasta | $50,000 |
| Sierra | $10,000 |
| Siskiyou | $10,000 |
| Solano | $100,000 |
| Sonoma | $100,000 |
| Stanislaus | $100,000 |
| Sutter | $25,000 |
| Tehama | $25,000 |
| Trinity | $10,000 |
| Tulare | $100,000 |
| Tuolumne | $25,000 |
| Ventura | $250,000 |
| Yolo | $50,000 |
| Yuba | $25,000 |
19(b) For purposes of this section, “community recidivism and
20crime reduction service provider” means a
nongovernmental entity
21or a consortium or coalition of nongovernmental entities, that
22provides community recidivism and crime reduction services, as
23described in paragraph (2) of subdivision (c), to persons who have
24been released from the state prison, a county jail, a juvenile
25detention facility, who are under the supervision of a parole or
26probation department, or any other person at risk of becoming
27involved in criminal activities.
28(c) (1) A community recidivism and crime reduction service
29provider shall have a demonstrated history of providing services,
30as described in paragraph (2), to the target population during the
31five years immediately prior to the application for a grant awarded
32pursuant to this section.
33(2) A community recidivism and crime
reduction service
34provider shall provide services that are designed to enable persons
35to whom the services are provided to refrain from engaging in
36crime, reconnect with their family members, and contribute to their
37communities. Community recidivism and crime reduction services
38may include all of the following:
39(A) Self-help groups.
40(B) Individual or group assistance with basic life skills.
P68 1(C) Mentoring programs.
2(D) Academic and educational services, including, but not
3limited to, services to enable the recipient to earn his or her high
4school diploma.
5(E) Job training skills and employment.
6(F) Truancy prevention programs.
7(G) Literacy programs.
8(H) Any other service that advances community recidivism and
9crime reduction efforts, as identified by the county board of
10supervisors and the Community Corrections Partnership.
11(I) Individual or group assistance with referrals for any of the
12following:
13(i) Mental and physical health assessments.
14(ii) Counseling services.
15(iii) Education and vocational programs.
16(iv) Employment opportunities.
17(v) Alcohol and drug treatment.
18(vi) Health, wellness, fitness, and nutrition programs and
19services.
20(vii) Personal finance and consumer skills programs and
21services.
22(viii) Other personal growth and development programs to
23reduce recidivism.
24(ix) Housing assistance.
25(d) Pursuant to this section and upon agreement to accept
26funding from the Recidivism Reduction Fund, the board of
27supervisors, in collaboration with the county’s Community
28Corrections Partnership, shall grant funds allocated
to the county,
29as described in subdivision (a), to community recidivism and crime
30reduction service providers based on the needs of their community.
31(e) (1) The amount awarded to each community recidivism and
32crime reduction service provider by a county shall be based on the
33population of the county, as projected by the Department of
34Finance, and shall not exceed the following:
35(A) One hundred thousand dollars ($100,000) in a county with
36a population of over 4,000,000 people.
37(B) Fifty thousand dollars ($50,000) in a county with a
38population of 700,000 or more people but less than 4,000,000
39people.
P69 1(C) Twenty five thousand dollars
($25,000) in a county with a
2population of 400,000 or more people but less than 700,000 people.
3(D) Ten thousand dollars ($10,000) in a county with a population
4of less than 400,000 people.
5(2) The total amount of grants awarded to a single community
6
recidivism and crime reduction service provider by all counties
7pursuant to this section shall not exceed one hundred thousand
8dollars ($100,000).
9(f) The board of supervisors, in collaboration with the county’s
10Community Corrections Partnership, shall establish minimum
11requirements, funding criteria, and procedures for the counties to
12award grants consistent with the criteria established in this section.
13(g) A community recidivism and crime reduction service
14provider that receives a grant under this section shall report to the
15county board of supervisors or the Community Corrections
16Partnership on the number of individuals served and the types of
17services provided, consistent with paragraph (2) of subdivision
18(c). The board of supervisors or the Community Corrections
19Partnership
shall report to the Board of State and Community
20Corrections any information received under this subdivision from
21grant recipients.
22(h) Of the total amount granted to a county, up to 5 percent may
23be withheld by the board of supervisors or the Community
24Corrections Partnership for the payment of administrative costs.
25(i) Any funds allocated to a county under this section shall be
26available for expenditure for a period of four years and any
27unexpended funds shall revert to the state General Fund at the end
28of the four-year period. Any funds not encumbered with a
29community recidivism and crime reduction service provider one
30year after allocation of grant funds to counties shall immediately
31revert to the state General Fund.
Section 1233.15 of the Penal Code is amended to
33read:
The Director of Finance, in consultation with the
35Administrative Office of the Courts, the Department of Corrections
36and Rehabilitation, and the Chief Probation Officers of California,
37shall develop a revised formula for the California Community
38Corrections Performance Incentives Act of 2009 that takes into
39consideration the significant changes to the eligibility of some
40felony probationers for revocation to the state prison resulting from
P70 1the implementation of the 2011 Public Safety realignment, and
2may also take into consideration the data calculated pursuant to
3subdivisions (f) to (i), inclusive, of Section 1233.1. The revised
4formula may include adjustments to the baseline failure rate for
5each county. It is the intent of the Legislature that, commencing
6with
the 2015-16 fiscal year, probation departments receive
7performance incentive funding pursuant to, and consistent with,
8this chapter for their success at reducing postrelease community
9supervision failure to prison rates and mandatory supervision
10failure to prison rates.
Section 1233.6 of the Penal Code is amended to read:
(a) Probation failure reduction incentive payments
13and high performance grants calculated for any calendar year shall
14be provided to counties in the following fiscal year. The total
15annual payment to each county shall be divided into four equal
16quarterly payments.
17(b) The Department of Finance shall include an estimate of the
18total probation failure reduction incentive payments and high
19performance grants to be provided to counties in the coming fiscal
20year as part of the Governor’s proposed budget released no later
21than January 10 of each year. This estimate shall be adjusted by
22the Department of Finance, as necessary, to reflect the actual
23calculations of probation failure
reduction incentive payments and
24high performance grants completed by the Director of Finance, in
25consultation with the Department of Corrections and Rehabilitation,
26the Joint Legislative Budget Committee, the Chief Probation
27Officers of California, and the Administrative Office of the Courts.
28This adjustment shall occur as part of standard budget revision
29processes completed by the Department of Finance in April and
30May of each year.
31(c) There is hereby established, in the State Treasury, the State
32Community Corrections Performance Incentives Fund, which is
33continuously appropriated. Moneys appropriated for purposes of
34providing probation failure reduction incentive payments and high
35performance grants authorized in Sections 1230 to 1233.6,
36inclusive, shall be transferred into this fund from the General Fund.
37Any moneys transferred into
this fund from the General Fund shall
38be administered by the Administrative Office of the Courts and
39the share calculated for each county probation department shall
P71 1be transferred to its Community Corrections Performance
2Incentives Fund authorized in Section 1230.
3(d) For each fiscal year, the Director of Finance shall determine
4the total amount of the State Community Corrections Performance
5Incentives Fund and the amount to be allocated to each county,
6pursuant to this section and Sections 1230 to 1233.5, inclusive,
7and shall report those amounts to the Controller. The Controller
8shall make an allocation from the State Community Corrections
9Performance Incentives Fund authorized in subdivision (c) to each
10county in accordance with the amounts provided.
11(e) Notwithstanding
Section 13340 of the Government Code,
12commencing July 1, 2014, and each fiscal year thereafter, the
13amount of one million dollars ($1,000,000) is hereby continuously
14appropriated from the State Community Corrections Performance
15Incentives Fund to the Administrative Office of the Courts for the
16costs of implementing and administering this program, pursuant
17to subdivision (c), and the 2011 realignment legislation addressing
18public safety.
Section 1233.61 of the Penal Code is amended to
20read:
Notwithstanding any other law, any moneys remaining
22in the State Community Corrections Performance Incentives Fund,
23after the calculation and award determination of each county’s tier
24payments or high performance grant payments pursuant to Sections
251233.3 and 1233.4, shall be distributed to county probation
26departments as follows:
27(a) The Department of Finance shall increase the award amount
28for any county whose tier payment or high performance grant
29payment, as calculated pursuant to Sections 1233.3 and 1233.4,
30totals less than two hundred thousand dollars ($200,000) to no
31more than two hundred thousand dollars ($200,000).
32(b) The Department
of Finance shall adjust the award amount
33for any county that has a probation failure rate, as defined in
34subdivision (c) of Section 1233.1, that is below the statewide
35average, as defined in subdivision (b) of Section 1233.1, so that
36these counties receive no less than two hundred thousand dollars
37($200,000).
38(c) The Department of Finance shall evenly distribute any
39remaining funds, up to two hundred thousand dollars ($200,000)
40per county, to those counties that did not receive a tier payment
P72 1or a high performance grant payment, as calculated pursuant to
2Sections 1233.3 and 1233.4.
3(d) The distribution of any funds remaining after the distribution
4made pursuant to subdivision (c) shall be determined by the
5Department of Finance. The distribution may give preference to
6high
performing counties that did not receive funding pursuant to
7Section 1233.4.
8(e) At no time shall an award provided to a county through
9subdivision (c) exceed the amount of a grant award provided to
10counties that are eligible to receive increased award amounts
11pursuant to subdivision (a) or (b).
12(f) Any county receiving funding through subdivision (c) shall
13submit a report to the Administrative Office of the Courts and the
14Chief Probation Officers of California describing how it plans on
15using the funds to enhance its ability to be successful under this
16act. Commencing January 1, 2014, a county that fails to submit
17this report by March 1 annually shall not receive funding pursuant
18to subdivision (c) in the subsequent fiscal year.
19(g) A county that fails to provide the information specified in
20Section 1231 to the Administrative Office of the Courts shall not
21be eligible for payment pursuant to this section.
Section 1370 of the Penal Code is amended to read:
(a) (1) (A) If the defendant is found mentally
24competent, the criminal process shall resume, the trial on the
25offense charged shall proceed, and judgment may be pronounced.
26(B) If the defendant is found mentally incompetent, the trial or
27judgment shall be suspended until the person becomes mentally
28competent.
29(i) In the meantime, the court shall order that the mentally
30incompetent defendant be delivered by the sheriff to a state hospital
31for the care and treatment of the mentally disordered, as directed
32by the State Department of State Hospitals, or to any other available
33public or
private treatment facility, including a local county jail
34treatment facility or the community-based residential treatment
35system established pursuant to Article 1 (commencing with Section
365670) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and
37Institutions Code if the facility has a secured perimeter or a locked
38and controlled treatment facility, approved by the community
39program director that will promote the defendant’s speedy
P73 1restoration to mental competence, or placed on outpatient status
2as specified in Section 1600.
3(ii) However, if the action against the defendant who has been
4found mentally incompetent is on a complaint charging a felony
5offense specified in Section 290, the prosecutor shall determine
6whether the defendant previously has been found mentally
7incompetent to stand trial pursuant to this chapter on a charge of
8a
Section 290 offense, or whether the defendant is currently the
9subject of a pending Section 1368 proceeding arising out of a
10charge of a Section 290 offense. If either determination is made,
11the prosecutor shall so notify the court and defendant in writing.
12After this notification, and opportunity for hearing, the court shall
13order that the defendant be delivered by the sheriff to a state
14hospital, as directed by the State Department of State Hospitals,
15or other secure treatment facility for the care and treatment of the
16mentally disordered unless the court makes specific findings on
17the record that an alternative placement would provide more
18appropriate treatment for the defendant and would not pose a
19danger to the health and safety of others.
20(iii) If the action against the defendant who has been found
21mentally incompetent is on a
complaint charging a felony offense
22specified in Section 290 and the defendant has been denied bail
23pursuant to subdivision (b) of Section 12 of Article I of the
24California Constitution because the court has found, based upon
25clear and convincing evidence, a substantial likelihood that the
26person’s release would result in great bodily harm to others, the
27court shall order that the defendant be delivered by the sheriff to
28a state hospital for the care and treatment of the mentally
29disordered, as directed by the State Department of State Hospitals,
30unless the court makes specific findings on the record that an
31alternative placement would provide more appropriate treatment
32for the defendant and would not pose a danger to the health and
33safety of others.
34(iv) The clerk of the court shall notify the Department of Justice
35in writing of any
finding of mental incompetence with respect to
36a defendant who is subject to clause (ii) or (iii) for inclusion in his
37or her state summary criminal history information.
38(C) Upon the filing of a certificate of restoration to competence,
39the court shall order that the defendant be returned to court in
P74 1accordance with Section 1372. The court shall transmit a copy of
2its order to the community program director or a designee.
3(D) A defendant charged with a violent felony may not be
4delivered to a state hospital or treatment facility pursuant to this
5subdivision unless the state hospital or treatment facility has a
6secured perimeter or a locked and controlled treatment facility,
7and the judge determines that the public safety will be protected.
8(E) For purposes of this paragraph, “violent felony” means an
9offense specified in subdivision (c) of Section 667.5.
10(F) A defendant charged with a violent felony may be placed
11on outpatient status, as specified in Section 1600, only if the court
12finds that the placement will not pose a danger to the health or
13safety of others. If the court places a defendant charged with a
14violent felony on outpatient status, as specified in Section 1600,
15the court must serve copies of the placement order on defense
16counsel, the sheriff in the county where the defendant will be
17placed and the district attorney for the county in which the violent
18felony charges are pending against the defendant.
19(2) Prior to making the order directing that the defendant be
20
committed to the State Department of State Hospitals or other
21treatment facility or placed on outpatient status, the court shall
22proceed as follows:
23(A) The court shall order the community program director or a
24designee to evaluate the defendant and to submit to the court within
2515 judicial days of the order a written recommendation as to
26whether the defendant should be required to undergo outpatient
27treatment, or committed to the State Department of State Hospitals
28or to any other treatment facility. No person shall be admitted to
29a state hospital or other treatment facility or placed on outpatient
30status under this section without having been evaluated by the
31community program director or a designee. The community
32program director or designee shall evaluate the appropriate
33placement for the defendant between the State
Department of State
34Hospitals, a local county jail treatment facility, or the
35community-based residential treatment system based upon
36guidelines provided by the State Department of State Hospitals.
37If a local county jail treatment facility is selected, the State
38Department of State Hospitals shall provide treatment at the county
39jail treatment facility and reimburse the county jail treatment
40facility for the reasonable costs of the bed during the treatment. If
P75 1the community-based residential treatment system is selected, the
2State Department of State Hospitals shall provide reimbursement
3to the community-based residential treatment system for the cost
4of treatment as negotiated with the State Department of State
5Hospitals. The six-month limitation in Section 1369.1 shall not
6apply to individuals deemed incompetent to stand trial who are
7being treated to restore competency within a county jail
treatment
8facility pursuant to this section.
9(B) The court shall hear and determine whether the defendant
10lacks capacity to make decisions regarding the administration of
11antipsychotic medication, and shall proceed as follows:
12(i) The court shall hear and determine whether any of the
13following is true:
14(I) The defendant lacks capacity to make decisions regarding
15antipsychotic medication, the defendant’s mental disorder requires
16medical treatment with antipsychotic medication, and, if the
17defendant’s mental disorder is not treated with antipsychotic
18medication, it is probable that serious harm to the physical or
19mental health of the patient will result. Probability of serious harm
20to the physical or mental health of the
defendant requires evidence
21that the defendant is presently suffering adverse effects to his or
22her physical or mental health, or the defendant has previously
23suffered these effects as a result of a mental disorder and his or
24her condition is substantially deteriorating. The fact that a
25defendant has a diagnosis of a mental disorder does not alone
26establish probability of serious harm to the physical or mental
27health of the defendant.
28(II) The defendant is a danger to others, in that the defendant
29has inflicted, attempted to inflict, or made a serious threat of
30inflicting substantial physical harm on another while in custody,
31or the defendant had inflicted, attempted to inflict, or made a
32serious threat of inflicting substantial physical harm on another
33that resulted in his or her being taken into custody, and the
34defendant presents, as a
result of mental disorder or mental defect,
35a demonstrated danger of inflicting substantial physical harm on
36others. Demonstrated danger may be based on an assessment of
37the defendant’s present mental condition, including a consideration
38of past behavior of the defendant within six years prior to the time
39the defendant last attempted to inflict, inflicted, or threatened to
P76 1inflict substantial physical harm on another, and other relevant
2evidence.
3(III) The people have charged the defendant with a serious crime
4against the person or property, involuntary administration of
5antipsychotic medication is substantially likely to render the
6defendant competent to stand trial, the medication is unlikely to
7have side effects that interfere with the defendant’s ability to
8understand the nature of the criminal proceedings or to assist
9counsel in
the conduct of a defense in a reasonable manner, less
10intrusive treatments are unlikely to have substantially the same
11results, and antipsychotic medication is in the patient’s best medical
12interest in light of his or her medical condition.
13(ii) If the court finds any of the conditions described in clause
14(i) to be true, the court shall issue an order authorizing the treatment
15facility to involuntarily administer antipsychotic medication to the
16defendant when and as prescribed by the defendant’s treating
17psychiatrist. The court shall not order involuntary administration
18of psychotropic medication under subclause (III) of clause (i)
19unless the court has first found that the defendant does not meet
20the criteria for involuntary administration of psychotropic
21medication under subclause (I) of clause (i) and does not meet the
22criteria under
subclause (II) of clause (i).
23(iii) In all cases, the treating hospital, facility, or program may
24administer medically appropriate antipsychotic medication
25prescribed by a psychiatrist in an emergency as described in
26subdivision (m) of Section 5008 of the Welfare and Institutions
27Code.
28(iv) If the court has determined that the defendant has the
29capacity to make decisions regarding antipsychotic medication,
30and if the defendant, with advice of his or her counsel, consents,
31the court order of commitment shall include confirmation that
32antipsychotic medication may be given to the defendant as
33prescribed by a treating psychiatrist pursuant to the defendant’s
34consent. The commitment order shall also indicate that, if the
35defendant withdraws consent for antipsychotic medication, after
36the
treating psychiatrist complies with the provisions of
37subparagraph (C), the defendant shall be returned to court for a
38hearing in accordance with subparagraphs (C) and (D) regarding
39whether antipsychotic medication shall be administered
40involuntarily.
P77 1(v) If the court has determined that the defendant has the
2capacity to make decisions regarding antipsychotic medication
3and if the defendant, with advice from his or her counsel, does not
4consent, the court order for commitment shall indicate that, after
5the treating psychiatrist complies with the provisions of
6subparagraph (C), the defendant shall be returned to court for a
7hearing in accordance with subparagraphs (C) and (D) regarding
8whether antipsychotic medication shall be administered
9involuntarily.
10(vi) Any report
made pursuant to paragraph (1) of subdivision
11(b) shall include a description of any antipsychotic medication
12administered to the defendant and its effects and side effects,
13including effects on the defendant’s appearance or behavior that
14would affect the defendant’s ability to understand the nature of
15the criminal proceedings or to assist counsel in the conduct of a
16defense in a reasonable manner. During the time the defendant is
17confined in a state hospital or other treatment facility or placed on
18outpatient status, either the defendant or the people may request
19that the court review any order made pursuant to this subdivision.
20The defendant, to the same extent enjoyed by other patients in the
21state hospital or other treatment facility, shall have the right to
22contact the patients’ rights advocate regarding his or her rights
23under this section.
24(C) If the defendant consented to antipsychotic medication as
25described in clause (iv) of subparagraph (B), but subsequently
26withdraws his or her consent, or, if involuntary antipsychotic
27medication was not ordered pursuant to clause (v) of subparagraph
28(B), and the treating psychiatrist determines that antipsychotic
29medication has become medically necessary and appropriate, the
30treating psychiatrist shall make efforts to obtain informed consent
31from the defendant for antipsychotic medication. If informed
32consent is not obtained from the defendant, and the treating
33psychiatrist is of the opinion that the defendant lacks capacity to
34make decisions regarding antipsychotic medication based on the
35conditions described in subclause (I) or (II) of clause (i) of
36subparagraph (B), the treating psychiatrist shall certify whether
37the lack of capacity and any applicable conditions described above
38exist.
That certification shall contain an assessment of the current
39mental status of the defendant and the opinion of the treating
P78 1psychiatrist that involuntary antipsychotic medication has become
2medically necessary and appropriate.
3(D) (i) If the treating psychiatrist certifies that antipsychotic
4medication has become medically necessary and appropriate
5pursuant to subparagraph (C), antipsychotic medication may be
6administered to the defendant for not more than 21 days, provided,
7however, that, within 72 hours of the certification, the defendant
8is provided a medication review hearing before an administrative
9law judge to be conducted at the facility where the defendant is
10receiving treatment. The treating psychiatrist shall present the case
11for the certification for involuntary treatment and the defendant
12shall be
represented by an attorney or a patients’ rights advocate.
13The attorney or patients’ rights advocate shall be appointed to meet
14with the defendant no later than one day prior to the medication
15review hearing to review the defendant’s rights at the medication
16review hearing, discuss the process, answer questions or concerns
17regarding involuntary medication or the hearing, assist the
18defendant in preparing for the hearing and advocating for his or
19her interests at the hearing, review the panel’s final determination
20following the hearing, advise the defendant of his or her right to
21judicial review of the panel’s decision, and provide the defendant
22with referral information for legal advice on the subject. The
23defendant shall also have the following rights with respect to the
24medication review hearing:
25(I) To being given timely access to the defendant’s records.
26(II) To be present at the hearing, unless the defendant waives
27that right.
28(III) To present evidence at the hearing.
29(IV) To question persons presenting evidence supporting
30involuntary medication.
31(V) To make reasonable requests for attendance of witnesses
32on the defendant’s behalf.
33(VI) To a hearing conducted in an impartial and informal
34manner.
35(ii) If the administrative law judge determines that the defendant
36either meets the criteria specified in subclause (I) of clause (i) of
37subparagraph (B), or meets the
criteria specified in subclause (II)
38of clause (i) of subparagraph (B), then antipsychotic medication
39may continue to be administered to the defendant for the 21-day
40certification period. Concurrently with the treating psychiatrist’s
P79 1certification, the treating psychiatrist shall file a copy of the
2certification and a petition with the court for issuance of an order
3to administer antipsychotic medication beyond the 21-day
4certification period. For purposes of this subparagraph, the treating
5psychiatrist shall not be required to pay or deposit any fee for the
6filing of the petition or other document or paper related to the
7petition.
8(iii) If the administrative law judge disagrees with the
9certification, medication may not be administered involuntarily
10until the court determines that antipsychotic medication should be
11administered
pursuant to this section.
12(iv) The court shall provide notice to the prosecuting attorney
13and to the attorney representing the defendant, and shall hold a
14hearing, no later than 18 days from the date of the certification, to
15determine whether antipsychotic medication should be ordered
16beyond the certification period.
17(v) If, as a result of the hearing, the court determines that
18antipsychotic medication should be administered beyond the
19certification period, the court shall issue an order authorizing the
20administration of that medication.
21(vi) The court shall render its decision on the petition and issue
22its order no later than three calendar days after the hearing and, in
23any event, no later than the expiration of the
21-day certification
24period.
25(3) When the court orders that the defendant be committed to
26the State Department of State Hospitals or other public or private
27treatment facility, the court shall provide copies of the following
28documents prior to the admission of the defendant to the State
29Department of State Hospitals or other treatment facility where
30the defendant is to be committed:
31(A) The commitment order, including a specification of the
32charges.
33(B) A computation or statement setting forth the maximum term
34of commitment in accordance with subdivision (c).
35(C) A computation or statement setting forth the amount of
36credit for time served, if
any, to be deducted from the maximum
37term of commitment.
38(D) State summary criminal history information.
39(E) Any arrest reports prepared by the police department or
40other law enforcement agency.
P80 1(F) Any court-ordered psychiatric examination or evaluation
2reports.
3(G) The community program director’s placement
4recommendation report.
5(H) Records of any finding of mental incompetence pursuant
6to this chapter arising out of a complaint charging a felony offense
7specified in Section 290 or any pending Section 1368 proceeding
8arising out of a charge of a Section 290 offense.
9(I) Any medical records.
10(4) When the defendant is committed to a treatment facility
11pursuant to clause (i) of subparagraph (B) of paragraph (1) or the
12court makes the findings specified in clause (ii) or (iii) of
13subparagraph (B) of paragraph (1) to assign the defendant to a
14treatment facility other than a state hospital or other secure
15treatment facility, the court shall order that notice be given to the
16appropriate law enforcement agency or agencies having local
17jurisdiction at the site of the placement facility of any finding of
18mental incompetence pursuant to this chapter arising out of a
19charge of a Section 290 offense.
20(5) When directing that the defendant be confined in a state
21hospital pursuant to this
subdivision, the court shall
commit the
22patient to the State Department of State Hospitals.
23(6) (A) If the defendant is committed or transferred to the State
24Department of State Hospitals pursuant to this section, the court
25may, upon receiving the written recommendation of the medical
26director of the state hospital and the community program director
27that the defendant be transferred to a public or private treatment
28facility approved by the community program director, order the
29defendant transferred to that facility. If the defendant is committed
30or transferred to a public or private treatment facility approved by
31the community program director, the court may, upon receiving
32the written recommendation of the community program director,
33transfer the defendant to the State Department of State Hospitals
34or to another public or
private treatment facility approved by the
35community program director. In the event of dismissal of the
36criminal charges before the defendant recovers competence, the
37person shall be subject to the applicable provisions of the
38Lanterman-Petris-Short Act (Part 1 (commencing with Section
395000) of Division 5 of the Welfare and Institutions Code). If either
40the defendant or the prosecutor chooses to contest either kind of
P81 1order of transfer, a petition may be filed in the court for a hearing,
2which shall be held if the court determines that sufficient grounds
3exist. At the hearing, the prosecuting attorney or the defendant
4may present evidence bearing on the order of transfer. The court
5shall use the same standards as are used in conducting probation
6revocation hearings pursuant to Section 1203.2.
7Prior to making an order for transfer under this section, the court
8shall
notify the defendant, the attorney of record for the defendant,
9the prosecuting attorney, and the community program director or
10a designee.
11(B) If the defendant is initially committed to the State
12Department of State Hospitals or secure treatment facility pursuant
13to clause (ii) or (iii) of subparagraph (B) of paragraph (1) and is
14subsequently transferred to any other facility, copies of the
15documents specified in paragraph (3) shall be taken with the
16defendant to each subsequent facility to which the defendant is
17transferred. The transferring facility shall also notify the appropriate
18law enforcement agency or agencies having local jurisdiction at
19the site of the new facility that the defendant is a person subject
20to clause (ii) or (iii) of subparagraph (B) of paragraph (1).
21(7) An order by the court authorizing involuntary medication
22of the defendant shall be valid for no more than one year. The
23court shall review the order six months after the order was made
24to determine if the grounds for the authorization remain. In the
25review, the court shall consider the reports of the treating
26psychiatrist or psychiatrists and the defendant’s patients’ rights
27advocate or attorney. The court may require testimony from the
28treating psychiatrist or psychiatrists and the patients’ rights
29advocate or attorney, if necessary. The court may continue the
30order authorizing involuntary medication for up to another six
31months, or vacate the order, or make any other appropriate order.
32(b) (1) Within 90 days of a commitment made pursuant to
33subdivision (a), the medical director of the state hospital or other
34treatment
facility to which the defendant is confined shall make a
35written report to the court and the community program director
36 for the county or region of commitment, or a designee, concerning
37the defendant’s progress toward recovery of mental competence.
38If the defendant is on outpatient status, the outpatient treatment
39staff shall make a written report to the community program director
40concerning the defendant’s progress toward recovery of mental
P82 1competence. Within 90 days of placement on outpatient status, the
2community program director shall report to the court on this matter.
3If the defendant has not recovered mental competence, but the
4report discloses a substantial likelihood that the defendant will
5regain mental competence in the foreseeable future, the defendant
6shall remain in the state hospital or other treatment facility or on
7outpatient status. Thereafter, at six-month intervals or until the
8
defendant becomes mentally competent, if the defendant is
9confined in a treatment facility, the medical director of the hospital
10or person in charge of the facility shall report in writing to the
11court and the community program director or a designee regarding
12the defendant’s progress toward recovery of mental competence.
13If the defendant is on outpatient status, after the initial 90-day
14report, the outpatient treatment staff shall report to the community
15program director on the defendant’s progress toward recovery,
16and the community program director shall report to the court on
17this matter at six-month intervals. A copy of these reports shall be
18provided to the prosecutor and defense counsel by the court. If the
19report indicates that there is no substantial likelihood that the
20defendant will regain mental competence in the foreseeable future,
21the committing court shall order the defendant to be
returned to
22the court for proceedings pursuant to paragraph (2) of subdivision
23(c). The court shall transmit a copy of its order to the community
24program director or a designee.
25(2) If the court has issued an order authorizing the treating
26facility to involuntarily administer antipsychotic medication to the
27defendant, the reports made at six-month intervals concerning the
28defendant’s progress toward regaining competency shall also
29consider the issue of involuntary medication. Each report shall
30include, but is not limited to, all the following:
31(A) Whether or not the defendant has the capacity to make
32decisions concerning antipsychotic medication.
33(B) If the defendant lacks capacity to make decisions concerning
34antipsychotic
medication, whether the defendant risks serious harm
35to his or her physical or mental health if not treated with
36antipsychotic medication.
37(C) Whether or not the defendant presents a danger to others if
38he or she is not treated with antipsychotic medication.
39(D) Whether the defendant has a mental illness for which
40medications are the only effective treatment.
P83 1(E) Whether there are any side effects from the medication
2currently being experienced by the defendant that would interfere
3with the defendant’s ability to collaborate with counsel.
4(F) Whether there are any effective alternatives to medication.
5(G) How quickly the medication is likely to bring the defendant
6to competency.
7(H) Whether the treatment plan includes methods other than
8medication to restore the defendant to competency.
9(I) A statement, if applicable, that no medication is likely to
10restore the defendant to competency.
11(3) After reviewing the reports, the court shall determine whether
12or not grounds for the order authorizing involuntary administration
13of antipsychotic medication still exist and shall do one of the
14following:
15(A) If the original grounds for involuntary medication still exist,
16the order authorizing the treating facility to involuntarily administer
17antipsychotic
medication to the defendant shall remain in effect.
18(B) If the original grounds for involuntary medication no longer
19exist, and there is no other basis for involuntary administration of
20antipsychotic medication, the order for the involuntary
21administration of antipsychotic medication shall be vacated.
22(C) If the original grounds for involuntary medication no longer
23exist, and the report states that there is another basis for involuntary
24administration of antipsychotic medication, the court shall set a
25hearing within 21 days to determine whether the order for the
26involuntary administration of antipsychotic medication shall be
27vacated or whether a new order for the involuntary administration
28of antipsychotic medication shall be issued. The hearing shall
29proceed as set forth in subparagraph (B)
of paragraph (2) of
30subdivision (a).
31(4) Any defendant who has been committed or has been on
32outpatient status for 18 months and is still hospitalized or on
33outpatient status shall be returned to the committing court where
34a hearing shall be held pursuant to the procedures set forth in
35Section 1369. The court shall transmit a copy of its order to the
36community program director or a designee.
37(5) If it is determined by the court that no treatment for the
38defendant’s mental impairment is being conducted, the defendant
39shall be returned to the committing court. The court shall transmit
P84 1a copy of its order to the community program director or a
2designee.
3(6) At each review by the court specified in this subdivision,
4the
court shall determine if the security level of housing and
5treatment is appropriate and may make an order in accordance
6with its determination. If the court determines that the defendant
7shall continue to be treated in the state hospital or on an outpatient
8basis, the court shall determine issues concerning administration
9of antipsychotic medication, as set forth in subparagraph (B) of
10paragraph (2) of subdivision (a).
11(c) (1) At the end of three years from the date of commitment
12or a period of commitment equal to the maximum term of
13imprisonment provided by law for the most serious offense charged
14in the information, indictment, or misdemeanor complaint,
15whichever is shorter, a defendant who has not recovered mental
16competence shall be returned to the committing court. The court
17shall notify the community program
director or a designee of the
18return and of any resulting court orders.
19(2) Whenever any defendant is returned to the court pursuant
20to paragraph (1) or (4) of subdivision (b) or paragraph (1) of this
21subdivision and it appears to the court that the defendant is gravely
22disabled, as defined in subparagraph (B) of paragraph (1) of
23subdivision (h) of Section 5008 of the Welfare and Institutions
24Code, the court shall order the conservatorship investigator of the
25county of commitment of the defendant to initiate conservatorship
26proceedings for the defendant pursuant to Chapter 3 (commencing
27with Section 5350) of Part 1 of Division 5 of the Welfare and
28Institutions Code. Any hearings required in the conservatorship
29proceedings shall be held in the superior court in the county that
30ordered the commitment. The court shall transmit a copy of the
31order
directing initiation of conservatorship proceedings to the
32community program director or a designee, the sheriff and the
33district attorney of the county in which criminal charges are
34pending, and the defendant’s counsel of record. The court shall
35notify the community program director or a designee, the sheriff
36and district attorney of the county in which criminal charges are
37pending, and the defendant’s counsel of record of the outcome of
38the conservatorship proceedings.
39(3) If a change in placement is proposed for a defendant who
40is committed pursuant to subparagraph (B) of paragraph (1) of
P85 1subdivision (h) of Section 5008 of the Welfare and Institutions
2Code, the court shall provide notice and an opportunity to be heard
3with respect to the proposed placement of the defendant to the
4sheriff and the district attorney of the county in which
criminal
5charges are pending.
6(4) If the defendant is confined in a treatment facility, a copy
7of any report to the committing court regarding the defendant’s
8progress toward recovery of mental competence shall be provided
9by the committing court to the prosecutor and to the defense
10counsel.
11(d) The criminal action remains subject to dismissal pursuant
12to Section 1385. If the criminal action is dismissed, the court shall
13transmit a copy of the order of dismissal to the community program
14director or a designee.
15(e) If the criminal charge against the defendant is dismissed,
16the defendant shall be released from any commitment ordered
17under this section, but without prejudice to the initiation of any
18proceedings
that may be appropriate under the
19Lanterman-Petris-Short Act, Part 1 (commencing with Section
205000) of Division 5 of the Welfare and Institutions Code.
21(f) As used in this chapter, “community program director” means
22the person, agency, or entity designated by the State Department
23of State Hospitals pursuant to Section 1605 of this code and Section
244360 of the Welfare and Institutions Code.
25(g) For the purpose of this section, “secure treatment facility”
26shall not include, except for state mental hospitals, state
27developmental centers, and correctional treatment facilities, any
28facility licensed pursuant to Chapter 2 (commencing with Section
291250) of, Chapter 3 (commencing with Section 1500) of, or Chapter
303.2 (commencing with Section 1569) of, Division 2 of the Health
31and Safety
Code, or any community board and care facility.
32(h) Nothing in this section shall preclude a defendant from filing
33a petition for habeas corpus to challenge the continuing validity
34of an order authorizing a treatment facility or outpatient program
35to involuntarily administer antipsychotic medication to a person
36being treated as incompetent to stand trial.
Section 2694 of the Penal Code is amended to read:
(a) The Department of Corrections and Rehabilitation
39shall expand substance abuse treatment services in prisons to
40accommodate at least 4,000 additional inmates who have histories
P86 1of substance abuse. In determining the prisons in which these
2additional treatment services will be located, the department may
3consider efficiency and efficacy of treatment, availability of staff
4resources, availability of physical space, and availability of
5additional resources in surrounding communities to supplement
6the treatment. In addition, the department shall expand followup
7treatment services in the community in order to ensure that
8offenders who participate in substance abuse treatment while
9
incarcerated in prison shall receive necessary followup treatment
10while on parole.
11(b) (1) Notwithstanding any other law, unless there is a security
12or safety reason not to do so, a substance abuse treatment program
13funded by the Department of Corrections and Rehabilitation and
14offered in a facility under the jurisdiction of the department
15pursuant to this section shall include a peer counseling component
16allowing prisoners to receive the necessary training within those
17facilities to become certified addiction counselors, including
18necessary course work and clinical hours.
19(2) If the department determines that a peer counseling
20component shall not be included as part of a substance abuse
21treatment program offered in a facility under the
department’s
22jurisdiction, the department shall notify in writing on January 10,
232015, and January 10, 2016, the Assembly and Senate Committees
24on Budget and the relevant Assembly and Senate policy committees
25at the time the determination is made. The report shall include the
26reason for the determination and a description of the substance
27abuse treatment program being provided.
28(3) For purposes of this section, “peer counseling” means
29counseling offered by a person sharing similar life experiences
30who provides advice and assistance to another individual with the
31intended outcome of overcoming addiction-related challenges.
Article 2.4 (commencing with Section 3016) is added
33to Chapter 8 of Title 1 of Part 3 of the Penal Code, to read:
34
(a) The Secretary of the Department of Corrections and
38Rehabilitation shall establish the Case Management Reentry Pilot
39Program for offenders under the jurisdiction of the department
40who have been sentenced to a term of imprisonment under Section
P87 11170 and are likely to benefit from a case management reentry
2strategy designed to address homelessness, joblessness, mental
3disorders, and developmental disabilities among offenders
4transitioning from prison into the community. The purpose of the
5pilot program is to implement promising and evidence-based
6practices and strategies that promote improved public safety
7outcomes for offenders reentering society after serving a term in
8state prison and while released to parole.
9(b) The program shall be initiated in at least three counties over
10three years, supported by department employees focusing primarily
11on case management services for eligible parolees selected for the
12pilot program. Department employees shall be experienced or
13trained to work as social workers with a parole population.
14Selection of a parolee for participation in the pilot program does
15not guarantee the availability of services.
16(c) Case management social workers shall assist offenders on
17parole who are assigned to the program in managing basic needs,
18including housing, job training and placement, medical and mental
19health care, and any additional programming or responsibilities
20attendant to the terms of the offender’s reentry requirements. Case
21management social workers also shall
work closely with offenders
22to prepare, monitor, revise, and fulfill individualized offender
23reentry plans consistent with this section during the term of the
24program.
25(d) Individualized offender reentry plans shall focus on
26connecting offenders to services for which the offender is eligible
27under existing federal, state, and local rules.
28(e) Case management services shall be prioritized for offenders
29identified as potentially benefiting from assistance with the
30following:
31(1) Food, including the immediate need and long-term planning
32for obtaining food.
33(2) Clothing, including the immediate need to obtain appropriate
34clothing.
35(3) Shelter, including obtaining housing consistent with the
36goals of the most independent, least restrictive and potentially
37durable housing in the local community and that are feasible for
38the circumstances of each reentering offender.
39(4) Benefits, including, but not limited to, the California Work
40Opportunity and Responsibility to Kids program, general
P88 1assistance, benefits administered by the federal Social Security
2Administration, Medi-Cal, and veterans benefits.
3(5) Health services, including assisting parolee clients with
4accessing community mental health, medical, and dental treatment.
5(6) Substance abuse services, including assisting parolee clients
6with
obtaining community substance abuse treatment or related
712-step program information and locations.
8(7) Income, including developing and implementing a feasible
9plan to obtain an income and employment reflecting the highest
10level of work appropriate for a reentering offender’s abilities and
11experience.
12(8) Identification cards, including assisting reentering offenders
13with obtaining state identification cards.
14(9) Life skills, including assisting with the development of skills
15concerning money management, job interviewing, resume writing,
16and activities of daily living.
17(10) Activities, including working with reentering offenders in
18choosing and engaging
in suitable and productive activities.
19(11) Support systems, including working with reentering
20offenders on developing a support system, which may consist of
21prosocial friends, family, and community groups and activities,
22such as religious activities, recovery groups, and other social
23events.
24(12) Academic and vocational programs, including assisting
25reentering offenders in developing and implementing a realistic
26plan to achieve an academic education, or vocational training, or
27both.
28(13) Discharge planning, including developing postparole plans
29to sustain parolees’ achievements and goals to insure long-term
30community success.
31(f) The department shall
contract for an evaluation of the pilot
32program that will assess its effectiveness in reducing recidivism
33among offenders transitioning from prison into the community.
34(g) The department shall submit a final report of the findings
35from its evaluation of the pilot program to the Legislature and the
36Governor no later than three years after the enactment of Assembly
37Bill 1457 or Senate Bill 851 of the 2013−14 Regular Session. The
38report shall be submitted in compliance with Section 9795 of the
39Government Code.
P89 1(h) Implementation of this article is contingent on the availability
2of funds and the pilot program may be limited in scope or duration
3based on the availability of funds.
Section 3060.7 of the Penal Code is amended to read:
(a) (1) Notwithstanding any other law, the supervising
6parole agency shall notify any person released on parole or
7postrelease community supervision pursuant to Title 2.05
8(commencing with Section 3450) of Part 3 who has been classified
9by the Department of Corrections and Rehabilitation as included
10within the highest control or risk classification that he or she shall
11be required to report to his or her assigned parole officer or
12designated local supervising agency within two days of release
13from the state prison.
14(2) This section shall not prohibit the supervising parole agency
15or local supervising agency from requiring any person released on
16parole or
postrelease community supervision to report to his or
17her assigned parole officer within a time period that is less than
18two days from the time of release.
19(b) The supervising parole agency, within 24 hours of a parolee’s
20failure to report as required by this section, shall issue a written
21order suspending the parole of that parolee, pending a hearing
22before the Board of Parole Hearings or the court, as applicable,
23and shall request that a warrant be issued for the parolee’s arrest
24pursuant to subdivision (c) of Section 3000.08.
25(c) Upon the issuance of an arrest warrant for a parolee who
26has been classified within the highest control or risk classification,
27the assigned parole officer shall continue to carry the parolee on
28his or her regular caseload and shall continue to search for the
29parolee’s
whereabouts.
30(d) With regard to any inmate subject to this section, the
31Department of Corrections and Rehabilitation shall release an
32inmate sentenced prior to January 1, 1996, one or two days before
33his or her scheduled release date if the inmate’s release date falls
34on the day before a holiday or weekend.
35(e) With regard to any inmate subject to this section, the
36Department of Corrections and Rehabilitation shall release an
37inmate one or two days after his or her scheduled release date if
38the release date falls on the day before a holiday or weekend.
Section 5006 of the Penal Code is amended to read:
(a) (1) All moneys now held for the benefit of inmates
2currently housed in Department of Corrections and Rehabilitation
3facilities including those known as the Inmate Canteen Fund of
4the California Institution for Men; the Inmate Welfare Fund of the
5California Institution for Women; the Trust Contingent Fund of
6the California State Prison at Folsom; the S.P.L. Commissary,
7Canteen Account, Hobby Association, Camp Account, Library
8Fund, News Agency of the California State Prison at San Quentin,
9the Prisoners’ Fund; and the Prisoners’ Employment Fund, shall
10be deposited in the Inmate Welfare Fund of the Department of
11Corrections and Rehabilitation, in the State Treasury, which is
12hereby created. The money in the fund shall be
used solely for the
13benefit and welfare of inmates of prisons and institutions under
14the jurisdiction of the Department of Corrections and
15Rehabilitation, including the following:
16(A) The establishment, maintenance, employment of personnel
17for, and purchase of items for sale to inmates at canteens
18maintained at the state institutions.
19(B) The establishment, maintenance, employment of personnel,
20and necessary expenses in connection with the operation of the
21hobby shops at institutions under the jurisdiction of the department.
22(C) Educational programs, hobby and recreational programs,
23which may include physical education activities and hobby craft
24classes, inmate family visiting services, leisure-time activities, and
25assistance
with obtaining photo identification from the Department
26of Motor Vehicles.
27(D) Funding for innovative programming by not-for-profit
28organizations offering programs that have demonstrated success
29and focus on offender responsibility and restorative justice
30principles. All funding used for this purpose shall go directly to
31the not-for-profit organizations and shall not be used for department
32staff or administration of the programming.
33(2) The warden of each institution, in collaboration with at least
34two representatives from local or state advocacy groups for inmates
35and two members of either the men’s or women’s advisory council
36or similar group within each institution, shall meet at least
37biannually to determine how the money in the fund shall be used
38to benefit the inmates of
the respective institution. It is the intent
39of the Legislature that the funds only be expended on services
P91 1other than those that the department is required to provide to
2inmates.
3(b) There shall be deposited in the Inmate Welfare Fund all net
4proceeds from the operation of canteens and hobby shops and any
5moneys that may be assigned to the state prison by prisoners for
6deposit in the fund. The moneys in the fund shall constitute a trust
7held by the Secretary of the Department of Corrections and
8Rehabilitation for the benefit and welfare, as herein defined, of all
9of the inmates of institutions and prisons under the jurisdiction of
10the department.
11(c) The Department of Finance shall conduct a biennial audit
12of the Inmate Welfare Fund to include an audit report which shall
13summarize
expenditures from the fund by major categories. At the
14end of each intervening fiscal year, a statement of operations shall
15be prepared that shall contain the same information as would be
16provided in the biennial audit. At least one copy of any statement
17of operations or audit report shall be placed in each library
18maintained by the Department of Corrections and Rehabilitation
19and shall be available there to any inmate.
Section 6032 is added to the Penal Code, to read:
(a) There is hereby established within the Board of State
22and Community Corrections the California Juvenile Justice Data
23Working Group. The purpose of the working group is to
24recommend options for coordinating and modernizing the juvenile
25justice data systems and reports that are developed and maintained
26by state and county agencies.
27(b) (1) The working group shall include representatives from
28each of the following:
29(A) The Department of Justice.
30(B) The Board of State and Community Corrections.
31(C) The Division of Juvenile Justice within the Department of
32Corrections and Rehabilitation.
33(D) The Chief Probation Officers of California.
34(E) The Judicial Council.
35(F) The California State Association of Counties.
36(G) Any other representatives that are deemed appropriate by
37the board.
38(2) Members of the working group shall include persons that
39have experience or expertise related to the California juvenile
P92 1justice system or the design and implementation of juvenile justice
2data systems, or both.
3(c) (1) The working group shall analyze the capacities and
4limitations of the data systems and networks used to collect and
5report state and local juvenile caseload and outcome data. The
6analysis shall include all of the following:
7(A) A review of the relevant data systems, studies, or models
8from California and other states having elements worthy of
9replication in California.
10(B) Identify changes or upgrades to improve the capacity and
11utility of juvenile justice caseload and outcome data in California,
12including changes to support the gathering of juvenile justice
13outcome and recidivism information, and changes to improve
14performance outcome measurements for state-local juvenile justice
15grant programs.
16(2) No later than January 1, 2016, the working group shall
17prepare and submit a report to the Legislature on the options for
18improving interagency coordination, modernization, and upgrading
19of state and local juvenile justice data and information systems.
20The report shall include, but not be limited to, all of the following:
21(A) The additional collection and reporting responsibilities for
22agencies, departments, or providers that would be affected.
23(B) Recommendations for the creation of a Web-based statewide
24clearinghouse or information center that would make relevant
25juvenile justice information on operations, caseloads, dispositions,
26and outcomes available in a user-friendly, query-based format for
27stakeholders and members of the public.
28(C) An assessment of the feasibility of implementing the
29responsibilities identified in subparagraph (A) and the
30recommendations developed pursuant to subparagraph (B).
31(3) The working group shall also recommend a plan for
32improving the current juvenile justice reporting requirements of
33Section 1961 of the Welfare and Institutions Code and Section
3430061 of the Government Code, including streamlining and
35consolidating current requirements without sacrificing meaningful
36data collection. The working group shall submit its
37recommendations to the Board of State and Community Corrections
38no later than December 31, 2014.
P93 1(d) (1) The requirement for submitting a report imposed under
2subdivision (c) is inoperative on January 1, 2016, pursuant to
3Section
10231.5 of the Government Code.
4(2) A report submitted to the Legislature pursuant to subdivision
5(c) shall be submitted in compliance with Section 9795 of the
6Government Code.
The Legislature hereby finds and declares all of the
8following with respect tobegin delete Section 29end deletebegin insert Section 32end insert of this act:
9(a) A share of the restored mentally ill offender crime reduction
10grants, with the enactment of this act, will be dedicated to
11improving mental health outcomes for children in the juvenile
12justice system.
13(b) While California’s youth crime rates are down overall in
14California, our courts and juvenile justice
facilities are brimming
15with children and youth with a broad range of mental health
16disorders and unmet treatment needs.
17(c) In a 2005 “gap survey” of California probation chiefs, paving
18the way for the subsequent realignment of the Department of
19Corrections and Rehabilitation, Division of Juvenile Justice
20population to local control, the chiefs identified juvenile mental
21health cases as the most significant problem and service gap they
22faced. In a later study, Chief Probation Officers of California
23documented long stays and high costs related to the detention of
24juveniles with mental health problems. State and national studies
25confirm, again and again, extremely high rates of mental health
26disorders among incarcerated youth, with prevalence exceeding
2770 percent of juveniles in custody. Data from the Board of State
28and Community
Corrections in 2013 documents the fact that nearly
29one-half of the daily 8,200 juveniles in custody or on electronic
30monitoring in California have “open mental health cases.”
31(d) When the mental health needs of young offenders are
32ignored, these youth enter a high-risk zone of becoming chronic
33adult offenders, committing further crimes, and filling up our
34already crowded prisons and jails. This comes at a cost in public
35safety, a cost to the probation, court, and corrections agencies who
36must then deal expensively with the problem on a long-term basis
37at the deep end of our jail and prison systems, and a cost to the
38taxpayers.
39(e) We know that early intervention in these youth mental health
40cases is a key to success. The mentally ill offender crime reduction
P94 1grant program
investment on the juvenile justice side is an
2investment in crime prevention. The juvenile justice share of the
3mentally ill offender crime reduction grants will support local
4investment in proven best practices, including early diagnoses,
5family and community-based treatment models, specialized mental
6health courts, and other collaborative models of intervention that
7have proven to be successful. The goal, overall, is to break the link
8between mental illness and crime as soon as possible using
9state-of-the-art assessment and intervention strategies. Early
10recognition and treatment in these cases is also critical to our goal
11of preventing the escalation of youth mental health disorders into
12tragedies like the University of California, Santa Barbara, shooting
13that occurred in 2014.
14(f) Modern science tells us that children are developmentally
15different
from adults. This finding has been embedded in decisions
16of the United States Supreme Court in recent years, placing limits
17on the death penalty and other punishments imposed on children.
18(g) The good news is that science and evidence-based studies
19point the way to interventions that can stop the cycle of mental
20
illness and crime early in these young lives. The new mentally ill
21offender crime reduction grants will prioritize funding for local
22assessments and interventions that promise to produce better youth
23outcomes, to lower youth recidivism rates, and to reduce system
24workloads and costs that result from failing to address the problem.
25(h) Research indicates that a continuum of responses for
26mentally ill offenders that includes prevention, intervention, and
27incarceration can reduce crime, jail overcrowding, and criminal
28justice costs.
29(i) Therefore, it is the intent of the Legislature that grants be
30provided to counties that develop and implement a comprehensive,
31cost-effective plan to reduce the rate of crime and offenses
32committed by persons with serious mental illness and to
reduce
33jail overcrowding and local criminal justice costs related to
34mentally ill offenders.
Article 4 (commencing with Section 6045) is added
36to Chapter 5 of Title 7 of Part 3 of the Penal Code, to read:
(a) The Board of State and Community Corrections shall
4administer mentally ill offender crime reduction grants on a
5competitive basis to counties that expand or establish a continuum
6of timely and effective responses to reduce crime and criminal
7justice costs related to mentally ill offenders. The grants
8administered under this article by the board shall be divided
9between adult and juvenile mentally ill offender crime reduction
10grants in accordance with the funds appropriated for each type of
11grant. The grants shall support prevention, intervention,
12supervision, and incarceration-based services and strategies to
13reduce recidivism and to improve outcomes for mentally ill juvenile
14and adult offenders.
15(b) For purposes of this article, the following terms shall have
16the following meanings:
17(1) “Board” means the Board of State and Community
18Corrections.
19(2) “Mentally ill adult offenders” means persons described in
20subdivisions (b) and (c) of Section 5600.3 of the Welfare and
21Institutions Code.
22(3) “Mentally ill juvenile offenders” means persons described
23in subdivision (a) of Section 5600.3 of the Welfare and Institutions
24Code.
(a) A county shall be eligible to apply for either an
26adult mentally ill offender grant or a juvenile mentally ill offender
27grant or both in accordance with all other provisions of this article.
28The board shall provide a separate and competitive grant
29application and award process for each of the adult and juvenile
30mentally ill offender crime reduction grant categories. The board
31shall endeavor to assist counties that apply for grants in both
32categories in meeting any grant submission requirements that may
33overlap between the two categories of grants.
34(b) (1) A county that applies for an adult mentally ill offender
35grant shall establish a strategy
committee to design the grant
36application that includes, at a minimum, the sheriff or director of
37the county department of corrections in a county where the sheriff
38does not administer the county jail system, who shall chair the
39committee, and representatives from other local law enforcement
40agencies, the chief probation officer, the county mental health
P96 1director, a superior court judge, a former offender who is or has
2been a client of a mental health treatment facility, and
3representatives from organizations that can provide or have
4provided treatment or stabilization services for mentally ill
5offenders, including treatment, housing, income or job support,
6and caretaking.
7(2) A county that applies for a juvenile mentally ill offender
8grant shall establish a strategy committee that includes, at a
9minimum, the chief probation officer
who shall chair the
10committee, representatives from local law enforcement agencies,
11the county mental health director, a superior court judge, a client
12or former offender who has received juvenile mental health
13services, and representatives from organizations that can provide
14or have provided treatment or support services for mentally ill
15juvenile offenders, including therapy, education, employment,
16housing, and caretaking services.
17(3) A county that applies for both types of grants may convene
18a combined strategy committee that includes the sheriff or jail
19administrator and the chief probation officer as cochairs of the
20committee, as well as representation from the other agencies,
21departments, and disciplines designated in paragraphs (1) and (2)
22for both types of committees.
23(c) The strategy committee shall develop and describe in its
24grant application a comprehensive county plan for providing a
25cost-effective continuum of responses and services for mentally
26ill adult offenders or mentally ill juvenile offenders, including
27prevention, intervention, and incarceration-based services, as
28appropriate. The plan shall describe how the responses and services
29included in the plan have been proven to be or are designed to be
30effective in addressing the mental health needs of the target
31offender population, while also reducing recidivism and custody
32levels for mentally ill offenders in adult or juvenile detention or
33correctional facilities. Strategies for prevention, intervention, and
34incarceration-based services in the plan shall include, but not be
35limited to, all of the following:
36(1) Mental health and
substance abuse treatment for mentally
37ill adult offenders or mentally ill juvenile offenders who are
38presently placed, incarcerated, or housed in a local adult or juvenile
39detention or correctional facility or who are under supervision by
P97 1the probation department after having been released from a state
2or local adult or juvenile detention or correctional facility.
3(2) Prerelease, reentry, continuing, and community-based
4services designed to provide long-term stability for juvenile or
5adult offenders outside of the facilities of the adult or juvenile
6justice systems, including services to support a stable source of
7income, a safe and decent residence, and a conservator or caretaker,
8as needed in appropriate cases.
9(3) For mentally ill juvenile offender applications, one or more
10of
the following strategies that has proven to be effective or has
11evidence-based support for effectiveness in the remediation of
12mental health disorders and the reduction of offending: short-term
13and family-based therapies, collaborative interagency service
14agreements, specialized court-based assessment and disposition
15tracks or programs, or other specialized mental health treatment
16and intervention models for juvenile offenders that are proven or
17promising from an evidence-based perspective.
18(d) The plan as included in the grant application shall include
19the identification of specific outcome and performance measures
20and for annual reporting on grant performance and outcomes to
21the board that will allow the board to evaluate, at a minimum, the
22effectiveness of the strategies supported by the grant in reducing
23crime, incarceration, and
criminal justice costs related to mentally
24ill offenders. The board shall, in the grant application process,
25provide guidance to counties on the performance measures and
26reporting criteria to be addressed in the application.
(a) The application submitted by a county shall
28describe a four-year plan for the programs, services, or strategies
29to be provided under the grant. The board shall award grants that
30provide funding for four years with the proviso that funding beyond
31the first year of the plan is contingent upon annual appropriations
32and the availability of funds to support mentally ill offender crime
33reduction grants beyond the first funding year. Funding shall be
34used to supplement, rather than supplant, funding for existing
35programs. Funds may be used to fund specialized alternative
36custody programs that offer appropriate mental health treatment
37and services.
38(b) A grant
shall not be awarded unless the applicant makes
39available resources in accordance with the instructions of the board
40in an amount equal to at least 25 percent of the amount of the grant.
P98 1Resources may include in-kind contributions from participating
2agencies.
3(c) In awarding grants, priority or preference shall be given to
4those grant applications that include documented match funding
5that exceeds 25 percent of the total grant amount.
The board shall establish minimum requirements,
7funding criteria, and procedures for awarding grants, which shall
8take into consideration, but not be limited to, all of the following:
9(a) The probable or potential impact of the grant on reducing
10the number or percent of mentally ill adult offenders or mentally
11ill juvenile offenders who are incarcerated or detained in local
12adult or juvenile correctional facilities and, as relevant for juvenile
13offenders, in probation out-of-home placements.
14(b) Demonstrated ability to administer the program, including
15any past experience in the administration of a prior mentally ill
16offender
crime reduction grant.
17(c) Demonstrated ability to develop effective responses and to
18provide effective treatment and stability for mentally ill adult
19offenders or mentally ill juvenile offenders.
20(d) Demonstrated ability to provide for interagency collaboration
21to ensure the effective coordination and delivery of the strategies,
22programs, or services described in the application.
23(e) Likelihood that the program will continue to operate after
24state grant funding ends, including the applicant’s demonstrated
25history of maximizing federal, state, local, and private funding
26sources to address the needs of the grant service population.
(a) The board shall create an evaluation design for
28adult and juvenile mentally ill offender crime reduction grants that
29assesses the effectiveness of the program in reducing crime, adult
30and juvenile offender incarceration and placement levels, early
31releases due to jail overcrowding, and local criminal and juvenile
32justice costs. The evaluation design may include outcome measures
33related to the service levels, treatment modes, and stability
34measures for juvenile and adult offenders participating in, or
35benefitting from, mentally ill offender crime reduction grant
36programs or services.
37(b) Commencing on October 1, 2015, and annually thereafter,
38the board shall
submit a report to the Legislature based on the
39evaluation design, with a final report due on December 31, 2019.
P99 1(c) The reports submitted pursuant to this section shall be
2submitted in compliance with Section 9795 of the Government
3Code.
4(d) Pursuant to Section 10231.5 of the Government Code, this
5section shall be repealed as of January 1, 2024.
The board may use up to 5 percent of the funds
7appropriated for purposes of this article to administer this program,
8including technical assistance to counties and the development of
9the evaluation component.
Section 6141 of the Penal Code is amended to read:
The California Rehabilitation Oversight Board shall meet
12at least twice annually, and shall regularly examine the various
13mental health, substance abuse, educational, and employment
14programs for inmates and parolees operated by the Department of
15Corrections and Rehabilitation. The board shall report to the
16Governor and the Legislature annually, on September 15, and may
17submit other reports during the year if it finds they are necessary.
18The reports shall include, but are not limited to, findings on the
19effectiveness of treatment efforts, rehabilitation needs of offenders,
20gaps in rehabilitation services in the department, and levels of
21offender participation and success in the programs. The board shall
22also make
recommendations to the Governor and Legislature with
23respect to modifications, additions, and eliminations of
24rehabilitation and treatment programs. In performing its duties,
25the board shall use the work products developed for the department
26as a result of the provisions of the 2006 Budget Act, including
27Provision 18 of Item 5225-001-0001.
Section 6402 is added to the Penal Code, to read:
The Department of Corrections and Rehabilitation
30(CDCR) shall develop policies related to the department’s
31contraband interdiction efforts for individuals entering CDCR
32detention facilities. When developed, these policies shall include,
33but not be limited to, the following specifications:
34(a) Application to all individuals, including visitors, all
35department staff, including executive staff, volunteers, and contract
36employees.
37(b) Use of methods to ensure that profiling is not practiced
38during random searches or searches of all individuals entering the
39prison at that time.
P100 1(c) Establishment of unpredictable, random search efforts and
2
methods that ensures that no one, except department employees
3specifically designated to conduct the random search, shall have
4advance notice of when a random search is scheduled.
5(d) All visitors attempting to enter a CDCR detention facility
6shall be informed that they may refuse to be searched by a passive
7alert dog.
8(e) All visitors attempting to enter a CDCR detention facility
9who refuse to be searched by a passive alert dog shall be informed
10of options, including, but not limited to, voluntarily aborting their
11attempt to enter the detention facility.
12(f) All individuals attempting to enter a CDCR detention facility,
13who have a positive alert for contraband by an electronic drug
14detection device, a
passive alert dog, or other technology, shall be
15informed of options, including, but not limited to, an unclothed
16
body search.
17(g) Establishment of a method by which an individual may
18demonstrate an authorized health-related use of a controlled
19substance when a positive alert is noted by an electronic drug
20detection device, a passive alert dog, or other technology.
21(h) Establishment of specific requirements for additional search
22options when multiple positive alerts occur on an individual
23employee within a specified timeframe.
Section 7050 of the Penal Code is amended to read:
(a) (1) Section 28 of Chapter 7 of the Statutes of 2007
26contains an appropriation of three hundred million dollars
27($300,000,000) for capital outlay to be allocated to renovate,
28improve, or expand infrastructure capacity at existing prison
29facilities. The funds appropriated by that section may be used for
30land acquisition, environmental services, architectural
31programming, engineering assessments, schematic design,
32preliminary plans, working drawings, and construction.
33(2) These funds may also be used to address deficiencies related
34to utility systems owned by local government entities and serving
35state prison facilities subject to the provisions of Section 54999
36of
the Government Code. The department shall report on any funds
37to be expended for this purpose to the Joint Legislative Budget
38Committee. If the committee fails to take any action with respect
39to each notification within 20 days after submittal, this inaction
40shall be deemed to be approval for purposes of this section.
P101 1(3) These funds may also be used for the design and construction
2of improvements to dental facilities at state prison facilities.
3(4) These funds may also be used for the design and construction
4of improvements to medication distribution facilities at state prison
5facilities.
6(5) These funds may also be used for the design and construction
7of projects in the Health Care Facility Improvement Program at
8state
prison facilities.
9(6) This subdivision authorizes the scope and cost of a single
10capital outlay project for purposes of calculating augmentations
11pursuant to Section 13332.11 or 13332.19.
12(b) The scope and costs of the projects described in subdivision
13(a) of this section shall be subject to approval and administrative
14oversight by the State Public Works Board, including
15augmentations, pursuant to Section 13332.11 or 13332.19 of the
16Government Code. The availability of an augmentation for each
17individual project allocation shall be based on the total applicable
18capital outlay appropriation contained in Section 28 of Chapter 7
19of the Statutes of 2007 and is not limited to 20 percent of the
20individual project allocation. These requirements shall be applied
21separately to each
institution. All of the necessary infrastructure
22improvements at each institution may be treated as one project
23such that there would be one infrastructure improvement project
24at each institution. The scope and cost of each infrastructure
25improvement project shall be established by the board individually.
26The amount of the total appropriation in Section 28 of Chapter 7
27of the Statutes of 2007 that is necessary for each infrastructure
28improvement project shall be allocated by institution. The
29appropriation may be allocated based on current estimates. These
30initial allocations may be adjusted commensurate to changes that
31occur during the progression of the projects. As allocations are
32made or adjusted, the anticipated deficit or savings shall be
33continuously tracked and reported. Once the total appropriation
34has been allocated, any augmentation necessary to fund an
35anticipated deficit shall be based on
the total appropriation and
36allocated to each project as necessary. Concurrent with the request
37to the board to establish each project authorized pursuant to this
38section, the Department of Corrections and Rehabilitation shall
39report the associated scope, cost, and schedule information to the
40Joint Legislative Budget Committee.
P102 1(c) The projects authorized pursuant to this section shall be part
2of the Department of Corrections and Rehabilitation’s master plan,
3as defined in Section 7000.
4(d) The reporting requirements set forth in Sections 7000 to
57003.5, inclusive, shall apply separately to each project authorized
6pursuant to this section.
Section 13821 of the Penal Code is amended to read:
(a) For the 2011-12 fiscal year, the Controller shall
9allocate 9 percent of the amount deposited in the Local Law
10Enforcement Services Account in the Local Revenue Fund 2011
11to the Office of Emergency Services. The Controller shall allocate
12these funds on a quarterly basis beginning on October 1. These
13funds shall be allocated by the Controller pursuant to a schedule
14provided by the Office of Emergency Services which shall be
15developed according to the office’s existing programmatic
16guidelines and the following percentages:
17(1) The California Multi-Jurisdictional Methamphetamine
18Enforcement Teams shall receive 47.52 percent in the 2011-12
19fiscal year.
20(2) The Multi-Agency Gang Enforcement Consortium shall
21receive 0.2 percent in the 2011-12 fiscal year.
22(3) The Sexual Assault Felony Enforcement Teams, authorized
23by Section 13887, shall receive 12.48 percent in the 2011-12 fiscal
24year.
25(4) The High Technology Theft Apprehension and Prosecution
26
Program, authorized by Section 13848.2, shall receive 26.83
27percent in the 2011-12 fiscal year.
28(5) The Gang Violence Suppression Program authorized by
29Section 13826.1, shall receive 3.91 percent in the 2011-12 fiscal
30year.
31(6) The Central Valley and Central Coast Rural Crime
32Prevention Programs, authorized by Sections 14170 and 14180,
33shall receive 9.06 percent in the 2011-12 fiscal year.
34(b) For the 2011-12 fiscal year, the Office of Emergency
35Services may be reimbursed up to five hundred eleven thousand
36dollars ($511,000) from the funds allocated in subdivision (a) for
37program
administrative costs.
38(c) Commencing with the 2012-13 fiscal year, subsequent to
39the allocation described in subdivision (c) of Section 29552 of the
40Government Code, and commencing with the 2013-14 fiscal year,
P103 1subsequent to the allocation described in subdivision (d) of Section
229552 of the Government Code, the Controller shall allocate
38.99758189 percent of the remaining amount deposited in the
4Enhancing Law Enforcement Activities Subaccount in the Local
5Revenue Fund 2011 and shall distribute the moneys as follows:
6(1) Commencing with the 2012-13 fiscal year, the California
7Multi-Jurisdictional Methamphetamine Enforcement Teams shall
8receive 47.52015636 percent and shall be allocated by the
9Controller 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% |
32(2) Commencing with the 2013-14 fiscal year, the California
33Multi-Jurisdictional Methamphetamine Enforcement Teams shall
34receive 47.52015636 percent and shall be allocated in monthly
35installments 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% |
18(3) Commencing with the 2012-13 fiscal year, the Multi-Agency
19Gang Enforcement Consortium shall receive 0.19545566 percent
20and shall be allocated by the Controller to Fresno County.
21(4) Commencing with the 2013-14 fiscal year, the Multi-Agency
22Gang Enforcement Consortium shall receive 0.19545566 percent
23and shall be allocated in monthly installments by the Controller
24to Fresno County.
25(5) Commencing with the 2012-13 fiscal year, the Sexual
26Assault Felony Enforcement Teams, authorized by Section 13887,
27shall receive 12.48473003 percent and shall be allocated by the
28Controller 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% |
39(6) Commencing with the 2013-14 fiscal year, the Sexual Assault Felony Enforcement Teams, authorized by Section 13887, shall receive 12.48473003 percent and shall be allocated by the Controller in monthly installments according to the following schedule:
|
Los Angeles County |
21.0294% |
|
Riverside County |
12.8778% |
|
Sacramento County |
14.0198% |
|
San Luis Obispo County |
12.0168% |
|
Santa Clara County |
17.0238% |
|
Shasta County |
12.0168% |
|
Tulare County |
11.0156% |
P107 13(7) Commencing with the 2012-13 fiscal year, the High
14
Technology Theft Apprehension and Prosecution Program,
15authorized by Section 13848.2, shall receive 26.82628878 percent
16and shall be allocated by the Controller according to the following
17schedule:
|
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% |
30(8) Commencing with the 2013-14 fiscal year, the High
31Technology Theft Apprehension and Prosecution Program,
32authorized by Section 13848.2, shall receive 26.82628878 percent
33and shall be allocated by the Controller in
monthly installments
34according 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% |
8(9) Commencing with the 2012-13 fiscal year, the Gang
9Violence Suppression Program, authorized by Section 13826.1,
10shall receive 3.90911312 percent and shall be allocated by the
11Controller 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% |
20(10) Commencing with the 2013-14 fiscal year, the Gang
21Violence Suppression Program, authorized by Section 13826.1,
22shall receive 3.90911312 percent and shall be allocated by the
23Controller in monthly installments according to the following
24schedule:
|
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% |
34(11) Commencing with the 2012-13 fiscal year, the Central
35Valley
and Central Coast Rural Crime Prevention Programs,
36authorized by Sections 14170 and 14180, shall receive 9.06425605
37percent and shall be allocated by the Controller according to the
38following 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% |
P109 14(12) Commencing with the 2013-14 fiscal year, the Central
15Valley and Central Coast Rural Crime Prevention Programs,
16authorized by Sections 14170 and 14180, shall receive 9.06425605
17percent and shall be allocated by the Controller in monthly
18installments 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% |
35(d) For any of the programs described in this section, funding
36will be distributed by local agencies as would otherwise have
37occurred pursuant to Section 1 of Chapter 13 of the Statutes of
382011, First Extraordinary Session.
Section 13826.1 of the Penal Code is amended to
40read:
(a) There is hereby established in the Board of State
2and Community Corrections, the Gang Violence Suppression
3Program, a program of financial and technical assistance for district
4attorneys’ offices, local law enforcement agencies, county
5probation departments, school districts, county offices of education,
6or any consortium thereof, and community-based organizations
7which are primarily engaged in the suppression of gang violence.
8(b) Funds made available pursuant to this chapter are intended
9to ensure the highest quality provision of services and to reduce
10unnecessary duplication. Funds disbursed under this chapter shall
11not be used by local agencies to supplant
other funding for Public
12Safety Services, as defined in Section 36 of Article XIII of the
13California Constitution. Funds awarded under this program as local
14assistance grants shall not be subject to review as specified in
15Section 10295 of the Public Contract Code.
Section 14306 of the Public Resources Code is
17amended to read:
To implement this division, the director may do all of
19the following:
20(a) Recruit and enroll corpsmembers and special corpsmembers.
21(b) Adopt criteria for selecting applicants for enrollment in the
22corps’ program, including criteria for individuals convicted of a
23crime described in the California Uniform Controlled Substances
24Act (Division 10 (commencing with Section 11000) of the Health
25and Safety Code). The director shall take into account, when
26adopting this criteria, the health, safety, and welfare of the public
27and the corps’ program participants and staff.
28(c) Execute contracts containing the terms and conditions
that
29are deemed necessary and desirable for the
enrollment of
30corpsmembers.
31(d) Authorize utilization of the corps for emergency projects
32occasioned by natural disasters, fire prevention and suppression,
33rescue of lost or injured persons, and any other activity or project
34necessary or desirable to carry out the purposes of this division.
35(e) Apply for and accept grants or contributions of funds from
36any public or private source.
37(f) Purchase, rent, or otherwise acquire or obtain necessary
38property, supplies, instruments, tools, equipment, and
39conveniences.
P111 1(g) Execute contracts for furnishing the services of the corps to
2any federal, state, or local public agency; any local or statewide
3private
organization concerned with the objectives of the corps’
4
program, as specified in Sections 14000 and 14300; and any person,
5firm, partnership, or corporation concerned with these objectives.
6(h) Procure insurance.
7(i) Be reimbursed by the federal government, any state or local
8public agency, or any private organization for actual expenses
9incurred by the corps for any project undertaken for any such entity
10pursuant to subdivision (d) or (g) or pursuant to Section 14307.
11(j) To the extent permitted by Article VII of the California
12Constitution, execute contracts with any person, natural or
13corporate, for the purpose of implementing the objectives of the
14corps, as specified in Sections 14000 and 14300.
15(k) Utilize any services, material, or property of any agency of
16the state, and may make agreements with any agency of the state
17or take other actions that are reasonable and necessary.
18(l) Contract with public or private nonprofit entities to provide
19services for the corps.
20(m) Contract with the University of California, the California
21State University, the community college districts, and private
22institutions for the creation of special admission and tuition credit
23programs for corpsmembers.
Section 1955 of the Welfare and Institutions Code is
25amended to read:
(a) The allocation amount for each county from the
27Youthful Offender Block Grant Fund for offenders subject to
28Sections 733, 1766, and 1767.35 shall be allocated in four equal
29installments, to be paid in September, December, March, and June
30of each fiscal year, until June 30, 2013. Commencing with the
312013-14 fiscal year, the allocation amount for each county from
32the Youthful Offender Block Grant Special Account established
33in paragraph (2) of subdivision (c) of Section 30025 of the
34Government Code for offenders subject to Sections 733, 1766,
35and 1767.35 shall be allocated in monthly installments. In each
36fiscal year, the allocation amount shall be determined as follows:
37(1) Fifty
percent based on the number of the county’s juvenile
38felony court dispositions,
calculated as a percentage of the state
39total. By July 10 of each year, the Department of Justice shall
P112 1provide to the Department of Finance the number of juvenile felony
2court dispositions for each county for the previous calendar year.
3(2) Fifty percent based on the county’s population of minors
4from 10 to 17 years of age, inclusive, according to the most recent
5data published by the Department of Finance, calculated as a
6percentage of the state total.
7(b) Each county shall receive a minimum block grant allocation
8of fifty-eight thousand five hundred dollars ($58,500) for the
92007-08 fiscal year, and a minimum block grant allocation of one
10hundred seventeen thousand dollars ($117,000) for each fiscal year
11thereafter.
12(c) Commencing with the 2008-09 fiscal year, allocations shall
13be available to counties that have met the requirements of Section
141961.
Section 1981 of the Welfare and Institutions Code is
16amended to read:
(a) There is hereby established a Juvenile Reentry Fund.
18Moneys allocated for local supervision of persons discharged from
19the custody of the Division of Juvenile Facilities authorized in
20Sections 1983 and 1984 shall be deposited into this fund from the
21General Fund. Any moneys deposited into this fund shall be
22administered by the Controller and the share calculated for each
23county probation department shall be transferred to its Juvenile
24Reentry Fund authorized in subdivision (b).
25(b) Each county is hereby authorized to establish in each county
26treasury a Juvenile Reentry Fund to receive all amounts allocated
27to that county probation department for purposes of implementing
28this
chapter.
29(c) Allocations from the Juvenile Reentry Fund shall be
30expended exclusively to address local program needs for persons
31discharged from the custody of the Division of Juvenile Facilities.
32County probation departments, in expending the Juvenile Reentry
33Grant allocation, shall provide evidence-based supervision and
34detention practices and rehabilitative services to persons who are
35subject to the jurisdiction of the juvenile court who were committed
36to and discharged from the Department of Corrections and
37Rehabilitation, Division of Juvenile Facilities. “Evidence-based”
38refers to supervision and detention policies, procedures, programs,
39and practices demonstrated by scientific research to reduce
P113 1recidivism among individuals on probation or under postrelease
2supervision.
3(d) Funds allocated pursuant to subdivision (c) shall not be used
4by local agencies to supplant other funding for Public Safety
5Services, as defined in Section 36 of Article XIII of the California
6Constitution.
7(e) The funding provided under this chapter is intended to
8provide payment in full for all local government costs of the
9supervision, programming, education, incarceration or any other
10cost resulting from persons discharged from custody or held in
11local facilities pursuant to the provisions of this act.
Section 1984 of the Welfare and Institutions Code is
13amended to read:
(a) The amount allocated to each county probation
15department from the Juvenile Reentry Grant shall be distributed
16in two equal payments to be paid on October 30 and May 30 of
17each fiscal year, until June 30, 2013. Commencing with the
182013-14 fiscal year, the amount allocated to each county probation
19department from the Juvenile Reentry Grant Special Account
20established in paragraph (2) of subdivision (c) of Section 30025
21of the Government Code shall be allocated in monthly installments.
22In each fiscal year the amount allocated to each county probation
23department from the Juvenile Reentry Grant Special Account shall
24be distributed pursuant to the criteria set forth in subdivisions (b)
25to (h), inclusive, of this section.
26(b) Consistent with Section 1766, funds shall be allocated in
27the amount of fifteen thousand dollars ($15,000) on an average
28daily population basis per ward discharged to the jurisdiction of
29the court and ordered by the court to be supervised by local county
30probation for monitoring and services during the previous fiscal
31year based on the actual number of discharged wards supervised
32at the local level. For each discharged ward, this funding shall be
33provided for 24 months.
34(c) Consistent with Sections 208.5 and 1767.35, funds shall be
35allocated in the amount of one hundred fifteen thousand dollars
36($115,000) on an average daily population basis per discharged
37ward transferred to a local juvenile facility for violating a condition
38of court-ordered supervision during the previous
fiscal year based
39on the actual number of discharged wards housed in a local juvenile
40detention facility or court-ordered placement facility where the
P114 1costs of the housing is not reimbursable to the county through Title
2IV-E of the federal Social Security Act, or Medi-Cal. For each
3discharged ward, this funding shall be provided for the actual
4number of months the ward is housed in a facility up to 12 months.
5This funding shall not be provided for wards housed in a jail under
6any circumstances.
7(d) Consistent with Section 731.1, funds shall be allocated in
8the amount of fifteen thousand dollars ($15,000) on an average
9daily population basis per parolee recalled by the county of
10commitment for monitoring and services during the previous fiscal
11year based on the actual number of parolees recalled. For each
12recalled parolee, this funding shall
be provided for the remaining
13duration of the term of state supervision, not to exceed 24 months.
14(e) Consistent with Section 1766, funds shall be allocated in the
15amount of fifteen thousand dollars ($15,000) on an average daily
16population basis per discharged ward transferred to the county of
17commitment for monitoring and services during the previous fiscal
18year based on the actual number of wards transferred. For each
19ward transferred on and after July 1, 2014, this funding shall be
20provided for the remaining duration of the term of juvenile court
21jurisdiction, not to exceed 24 months.
22(f) Consistent with Sections 208.5 and 1767.35, no additional
23funding, beyond the initial fifteen thousand dollars ($15,000)
24provided pursuant to subdivision (b) shall be allocated to counties
25
for discharged wards who are housed in county jail or in any other
26county correctional facility for violating a condition of
27court-ordered supervision during the previous fiscal year.
28(g) Consistent with Sections 208.5 and 1767.35, no additional
29funding, beyond the initial fifteen thousand dollars ($15,000)
30provided pursuant to subdivision (b) shall be allocated to counties
31for discharged wards who are housed in a state juvenile facility
32for violating a condition of court-ordered supervision during the
33previous fiscal year.
34(h) In each fiscal year, consistent with subdivision (b) of Section
3530029.11 of the Government Code, the Department of Finance
36shall use the criteria outlined in subdivisions (b) to (g), inclusive,
37to determine each county’s allocation as a percentage of the
funds
38deposited in the Juvenile Reentry Grant Special Account. Actual
39allocations provided to counties pursuant to subdivisions (b) to
40(g), inclusive, shall vary based on the amount of funds deposited
P115 1in the Juvenile Reentry Grant Special Account pursuant to
2subdivision (b) of Section 30028.1 of the Government Code.
Section 4023.5 is added to the Welfare and
4Institutions Code, to read:
(a) The Secretary of California Health and Human
6Services shall, no later than January 10, 2015, provide to the fiscal
7and appropriate policy committees of the Legislature a report,
8together with specific and detailed recommendations, reviewing
9and evaluating best practices and strategies, including independent
10oversight, for effectively and sustainably addressing the employee
11discipline process, criminal and major incident investigations, and
12the use of force within state hospitals and psychiatric programs
13run by the State Department of State Hospitals. The secretary may
14consult with the Department of the California Highway Patrol, the
15Department of Corrections and Rehabilitation, the Office of the
16Inspector General, and any other
resource identified by the
17secretary as valuable to the analysis. It is the intent of the
18Legislature that the report and recommendations reflect a critical
19and pragmatic analysis of the department’s current practices and
20policies, and include meaningful recommendations describing how
21current practices and policies should be revised and reformed to
22assure safety and accountability in the state hospital system.
23(b) Pursuant to Section 10231.5 of the Government Code, this
24section is repealed on January 1, 2019.
Section 7228 of the Welfare and Institutions Code is
26amended to read:
Prior to admission, the State Department of State
28Hospitals shall evaluate each patient committed pursuant to Section
291026 or 1370 of the Penal Code to determine the placement of the
30patient to the appropriate state hospital. The State Department of
31State Hospitals shall utilize the documents provided pursuant to
32subdivision (e) of Section 1026 of the Penal Code and paragraph
33(2) of subdivision (b) of Section 1370 of the Penal Code to make
34the appropriate placement. A patient determined to be a high
35security risk shall be treated in the department’s most secure
36facilities pursuant to Section 7230. A Penal Code patient not
37needing this level of security shall be treated as near to the patient’s
38community as possible if an appropriate treatment program
is
39available.
Section 7234 is added to the Welfare and Institutions
2Code, to read:
(a) (1) A Patient Management Unit (PMU) shall be
4established within the State Department of State Hospitals to
5facilitate patient movement across all facilities under its jurisdiction
6and any psychiatric programs operated by the State Department
7of State Hospitals pursuant to a memorandum of understanding
8with the Department of Corrections and Rehabilitation.
9(2) The PMU’s responsibilities shall include, but not be limited
10to, oversight and centralized management of patient admissions,
11and collection of data for reports and patient population projections.
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 a
19state 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
33the Government Code.
Section 11251.3 of the Welfare and Institutions Code,
35as added by Section 1 of Chapter 283 of the Statutes of 1997, is
36amended to read:
(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
P117 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.
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.
Section 11251.3 of the Welfare and Institutions Code,
13as added by Section 1 of Chapter 284 of the Statutes of 1997, is
14amended to read:
(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.
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.
Section 11251.3 is added to the Welfare and
32Institutions Code, to read:
(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
P118 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 the
10county 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 obtained
15using existing county human services agency protocols to
16determine eligibility.
17(c) This section shall become operative on April 1, 2015.
Section 17012.5 of the Welfare and Institutions Code
19 is amended to read:
(a) An 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.
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.
Section 18901.3 of the Welfare and Institutions Code
30 is amended to read:
(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
P119 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
P120 1Office of Administrative Law for filing with the Secretary of State
2and shall remain in effect for no more than 180 days.
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.
Section 18901.3 is added to the Welfare and
8Institutions Code, to read:
(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 in
24subdivision (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 the
27county 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
34determine eligibility.
35(c) This section shall become operative on April 1, 2015.
Notwithstanding 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
40administerbegin delete Sections 40 to 46,end deletebegin insert Sections 45 to 50,end insert inclusive, of this
P121 1act by all-county letters or similar instructions. The all-county
2letters or similar instructions shall be developed in consultation
3with the Chief Probation Officers of California, the County Welfare
4Directors Association of
California, and client advocates. The
5department shall adopt regulations implementing Sections 40 to
646, inclusive, of this act by January 1, 2016.
No reimbursement is required by this act pursuant to
8Section 6 of Article XIII B of the California Constitution for certain
9costs that may be incurred by a local agency or school district
10because, in that regard, this act creates a new crime or infraction,
11eliminates a crime or infraction, or changes the penalty for a crime
12or infraction, within the meaning of Section 17556 of the
13Government Code, or changes the definition of a crime within the
14meaning of Section 6 of Article XIII B of the California
15Constitution.
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.
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.
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