Amended in Senate August 4, 2016

Amended in Senate May 23, 2016

Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 29

Introduced by Assembly Member Campos

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(Coauthors: Assembly Members Gonzalez, Kim, Melendez, Olsen, and Waldron)

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December 1, 2014

An act to add Section begin delete 1507.16 to the Health and Safety Code, relating to care facilities. end delete begin insert 2933.4 to the Penal Code, relating to crimes, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 29, as amended, Campos. begin delete Care facilities: missing minor residents. end delete begin insert Prisoners: credits reducing period of confinement: rape of an unconscious person. end insert

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Existing law proscribes the crime of rape, including the rape of an unconscious person and the rape of the unconscious spouse of the perpetrator. The punishment for the crime of rape is generally imprisonment in the state prison for 3, 6, or 8 years, except as specified.

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Existing law provides that it is the intent of the Legislature that persons sentenced to prison for a determinate sentence serve the entire sentence imposed by the court, except for a reduction in the time served in the custody of the Secretary of the Department of Corrections and Rehabilitation, as specified. Existing law generally authorizes a prisoner to earn one day of credit for each day in custody, up to a maximum of 6 months for every 6 months served, except as otherwise provided.

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Under existing law, for each 4-day period in which a prisoner is confined in or committed to a county jail, industrial farm, or road camp, up to 2 days may be deducted from his or her period of confinement unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned or the prisoner has not satisfactorily complied with the reasonable rules and regulations.

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This bill would make a person who has been convicted of raping an unconscious person, or of raping his or her unconscious spouse, ineligible to receive a reduction in the time served or a deduction from his or her period of confinement pursuant to those provisions.

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This bill would declare that it is to take effect immediately as an urgency statute.

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Existing law, the California Community Care Facilities Act, provides for the licensing and regulation of community care facilities by the State Department of Social Services. Existing law requires every community care facility that provides adult residential care or offers an adult day program to, for the purpose of addressing issues that arise when an adult resident or an adult day program participant is missing from the facility, develop and comply with an absentee notification plan for each resident or participant, and requires the plan to include a requirement that an administrator of the facility, or his or her designee, inform the resident’s or participant’s authorized representative when that resident or participant is missing from the facility and the circumstances in which an administrator of the facility, or his or her designee, shall notify local law enforcement when a resident or participant is missing from the facility. A violation of the provisions relating to community care facilities is a misdemeanor.

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This bill would also require every community care facility that provides residential care for minors to, for the purpose of addressing issues that arise when a minor resident is missing from the facility, develop and comply with an absentee notification plan for each minor resident. The bill would require the plan to include a requirement that an administrator of the facility, or his or her designee, inform the minor’s parent or guardian when that minor is missing from the facility and include provision for notification of local law enforcement. By expanding the scope of an existing crime, the bill would impose a state-mandated local program.

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

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

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

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

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begin insert SECTION 1. end insert   

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begin insert Section 2933.4 is added to the end insert begin insert Penal Code end insert begin insert , to
read: end insert

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begin insert 2933.4. end insert   

(a) Notwithstanding Section 2933.1 or any other law,
any person who is convicted of the rape of an unconscious person,
as defined in paragraph (4) of subdivision (a) of Section 261, or
paragraph (3) of subdivision (a) of Section 262, shall not accrue
any credit, as specified in Section 2933.

(b) The limitation provided in subdivision (a) shall apply
whether the defendant is sentenced under Chapter 4.5 (commencing
with Section 1170) of Title 7 of Part 2 or sentenced under some
other law.

(c) Notwithstanding Section 4019 or any other law, a person
specified in subdivision (a) may not earn any credit pursuant to
Section 4019 against a period of confinement in, or commitment
to, a county jail, industrial farm, or road camp or a city jail,
industrial farm, or road camp, following his or her arrest.

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begin insert SEC. 2. end insert   

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This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

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In order to ensure the safety of the community as soon as
possible, it is necessary that this act take effect immediately.

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SECTION 1.  

Section 1507.16 is added to the Health and Safety
Code, to read:

1507.16.  

(a) Every community care facility that provides
residential care for minors shall, for the purpose of addressing
issues that arise when a minor resident is missing from the facility,
develop and comply with an absentee notification plan for each
minor resident. The plan shall be part of the written needs and
services plan if the minor has a plan. The plan shall include, but
not be limited to, both of the following:

(1) A requirement that an administrator of the facility, or his or
her designee, inform the minor’s parent or guardian when that
minor is missing from the facility.

(2) The circumstances under which an administrator of the
facility, or his or her designee, shall notify local law enforcement
when a minor is missing from the facility.

(b) In preparing the absentee notification plan, the facility shall
consider the status of the minor as a victim of human trafficking.
In this situation, the plan may include a requirement to notify law
enforcement immediately after the minor is missing.

SEC. 2.  

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

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