Amended in Senate June 14, 2016

Amended in Senate June 13, 2016

Amended in Assembly April 14, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1615

Introduced by begin delete Committee on Budget (Assembly Members Ting (Chair), Travis Allen, Bigelow, Bloom, Bonta, Campos, Chávez, Chiu, Cooper, Gordon, Grove, Harper, Holden, Irwin, Kim, Lackey, McCarty, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Patterson, Rodriguez, Thurmond, Wilk, and Williams) end delete begin insert Committee on Budget (Assembly Members Ting (Chair), Bloom, Bonta, Campos, Chiu, Cooper, Gordon, Holden, Irwin, McCarty, Mullin, Nazarian, O’Donnell, Rodriguez, Thurmond, and Williams) end insert

January 7, 2016

An act to amend, repeal, and add Section 231 of the Code of Civil Procedure, to amend Sections 7522.57, 11555, 11556, 12838, 12838.4, 68502.5, and 68651 of, and to amend and repeal Sections 68085.1 and 70626 of, the Government Code, to amend Sections 320.6, 2910, 2915, 5075, 5075.1, 5075.6, 5076.1, 6025.1, 6250.2, 6258.1, 6402, 11191, 13501, 13601, 23690, and 28300 of, to add Sections 2694.5, 5027, and 6404 to, to add Chapter 2.92 (commencing with Section 1001.85) to Title 6 of Part 2 of, and to repeal Section 5032 of, the Penal Code, and to amend Sections 1716, 1719, 1720, 1723, 1725, 1766, 1767.3, and 7200.06 of, to amend the heading of Article 2.5 (commencing with Section 1716) of Chapter 1 of Division 2.5 of, and to add Sections 1718, 1721, 1722, 1724, 1728, and 5848.51 to, the Welfare and Institutions Code, relating to public safety, and making an appropriation therefor, to take effect immediately, bill related to the budget.

LEGISLATIVE COUNSEL’S DIGEST

AB 1615, as amended, Committee on Budget. Public safety.

(1) Existing law, the Trial Jury Selection and Management Act, generally governs the selection of juries in criminal and civil cases. Under existing law, a criminal defendant is generally entitled to exercise 10 peremptory challenges during the jury selection process. When 2 or more defendants are jointly tried, existing law requires these challenges to be exercised jointly, but grants each defendant an additional 5 challenges to be exercised separately. If the offense for which a defendant is being tried is punishable by a maximum term of imprisonment of 90 days or less, existing law entitles the defendant to 6 peremptory challenges and grants each jointly tried defendant 4 additional challenges to be exercised separately.

This bill would instead, begin insert commencing January 1, 2017, and end insert until January 1, 2021, grant a defendant 6 peremptory challenges in a criminal case if the offense charged is punishable with a maximum term of imprisonment of one year or less, and would reduce the number of peremptory challenges that may be exercised separately by a defendant who is jointly tried from 4 to 2 in cases in which the maximum term of imprisonment is one year or less. The bill would require the Judicial Council to conduct a study and, on or before January 1, 2020, submit a report to the Legislature on that reduction in the number of peremptory challenges, as specified.

(2) Existing law establishes the Department of Corrections and Rehabilitation, which consists of, among other divisions, the Board of Parole Hearings. The Board of Parole Hearings is comprised of 17 commissioners, appointed by the Governor, subject to confirmation by the Senate, for 3-year terms. Of those 17 commissioners, existing law requires 5 to be appointed and trained to hear only juvenile matters. Within 60 days of appointment and annually thereafter, existing law requires the commissioners and deputy commissioners to undergo a minimum of 40 hours of training in specified areas, including treatment and training programs provided to wards. Existing law requires the board to, among other things, conduct parole consideration hearings, parole rescission hearings, and parole progress hearings for adults and juveniles under the jurisdiction of the department and discharges of commitment, orders for discharge from the jurisdiction of the Division of Juvenile Facilities to the jurisdiction of the committing court, and disciplinary appeals with respect to wards in the custody of the Division of Juvenile Facilities in the Department of Corrections and Rehabilitation.

This bill would establish the Board of Juvenile Hearings to assume the powers, duties, and responsibilities of the Board of Parole Hearings as it relates to hearings by the Board of Parole Hearings on juvenile matters and would also require the Board of Juvenile Hearings to conduct initial case reviews and annual reviews. The Board of Juvenile Hearings would be comprised of 3 commissioners, appointed by the Governor, subject to Senate confirmation, for 5-year terms. The bill would require the Governor to periodically designate the chair of the Board of Juvenile Hearings. The bill would authorize the Governor to appoint an executive officer of the board, subject to Senate confirmation, who would hold office at the pleasure of the Governor and would require the executive officer to exercise all duties and functions necessary to ensure that the responsibilities of the Board of Juvenile Hearings are successfully discharged. The bill would authorize the Governor to remove any member of the Board of Juvenile Hearings for misconduct, incompetency, or neglect of duty after a full hearing by the Board of State and Community Corrections.

The bill would authorize the Board of Juvenile Hearings to utilize board representatives to whom it may assign appropriate duties, including hearing cases and making decisions, as specified. The bill would require commissioners and board representatives to undergo, within 60 days of appointment and annually thereafter, a minimum of 40 hours of training, as described above, and would also require training in the areas of adolescent brain development, the principles of cognitive behavioral therapy, and evidence-based treatment and recidivism-reduction models.

The bill would delete references to the Juvenile Parole Board and would refer instead to the Board of Juvenile Hearings. The bill would delete other obsolete provisions and make other conforming changes to implement the creation of the Board of Juvenile Hearings.

(3) Existing law requires the Judicial Council to adopt a budget and allocate funding for the trial courts. Existing law requires the Judicial Council to set aside 2% of specified funds appropriated in the annual Budget Act and requires the funds to remain in the Trial Court Trust Fund to be allocated by the Judicial Council to trial courts for unforeseen emergencies, unanticipated expenses, or unavoidable funding shortfalls.

This bill would instead require the Judicial Council to hold a reserve of $10,000,000 in the Trial Court Trust Fund to be available to trial courts for emergencies. The bill would require any funding allocated to be replenished on an annual basis from the trial court base allocations. The bill would require the Judicial Council to establish a process for trial courts to apply for emergency funding.

(4) Existing law, the Sargent Shriver Civil Counsel Act, requires legal counsel to be appointed to represent low-income parties in civil matters involving critical issues affecting basic human needs in those courts selected by the Judicial Council, as specified. Existing law, subject to funding specifically provided for this purpose, requires the Judicial Council to develop one or more model pilot projects in selected courts to provide that representation of counsel in civil matters, as specified.

Existing law provides for the assessment of various fees and fines, including, among others, sanctions for violation of a court order. Existing law requires the superior court to deposit the fees and fines in a bank account with the Administrative Office of the Courts and specifies how those moneys are to be distributed, including, until January 1, 2017, to the Trial Court Trust Fund to be used by the Judicial Council to implement and administer the civil representation pilot program described above.

This bill would repeal the date restriction on this distribution, thereby extending that provision indefinitely.

(5) Existing law, until July 1, 2017, sets the fees at $25 or $30 for various court services, including, but not limited to, issuing a writ for the enforcement of an order or judgment and filing an application for renewal of judgment, respectively. Existing law requires, only through June 30, 2017, the Judicial Council to use $10 of each fee collected for those services for the expenses of the Judicial Council in implementing and administering the civil representation pilot program described above. Existing law, commencing July 1, 2017, reduces each of the above fees by $10.

This bill would require that the above fees remain set at $25 and $30, respectively. The bill would instead require the Judicial Council to use an amount equivalent to $10 of each fee for expenses in administering the civil representation pilot program. The bill would make related findings and declarations.

This bill would also make technical, nonsubstantive changes.

(6) Existing law requires specified sports organizations, among other entities, to register with the Department of Justice prior to conducting a raffle. Existing law authorizes the department to require an annual registration fee to cover the reasonable costs of this registration, which is deposited by the department into the General Fund.

This bill would create the Major League Sporting Event Raffle Fund, and deposit the registration fees into that fund instead of the General Fund. The bill would, under specified conditions, authorize a loan of $1,005,000 from the General Fund to the Major League Sporting Event Raffle Fund for use by the department for specified enforcement activities.

(7) Existing law authorizes a county to establish a pretrial diversion program for defendants who have been charged with a misdemeanor offense and authorizes other diversion programs, including for defendants with cognitive developmental disabilities, defendants in nonviolent drug cases, and traffic violations.

This bill would establish the Law Enforcement Assisted Diversion (LEAD) pilot program, to be administered by the Board of State and Community Corrections, to improve public safety and reduce recidivism by increasing the availability and use of social service resources while reducing costs to law enforcement agencies and courts stemming from repeated incarceration. The bill would require the board to award grants, on a competitive basis, to up to 3 jurisdictions to establish LEAD programs and would require the board to establish minimum standards, funding schedules, and procedures for awarding grants. The bill would establish requirements for referral of people who may be arrested for, or who have a history of, low-level drug offenses or prostitution, as defined, to social services in lieu of prosecution. The bill would require the board to contract with a non-profit research entity, university, or college to evaluate the effectiveness of the LEAD program and submit a report of the findings to the Governor and the Legislature by January 1, 2020. The bill would appropriate $15,000,000 from the General Fund for the LEAD pilot program and would authorize the board to spend up to $550,000 of that amount for the contracts to evaluate the effectiveness of the LEAD program and to contract with experts in the implementation of LEAD in other jurisdictions, as specified.

(8) Existing law establishes the Division of Health Care Operations and the Division of Health Care Policy and Administration within the Department of Corrections and Rehabilitation under the Undersecretary of Health Care Services. Existing law requires these divisions to be headed by a director, who shall be appointed by the Governor. Existing law requires the department to expand substance abuse treatment services in prisons to accommodate at least 4,000 additional inmates who have histories of substance abuse.

This bill would require the department to establish a 3-year pilot program to provide a medically assisted substance use disorder treatment model for the treatment of inmates, as specified. The bill would require the department to submit reports to the fiscal and appropriate policy committees of the Legislature, including specified information regarding the pilot program.

(9) Existing law allows the Secretary of the Department of Corrections and Rehabilitation to enter into an agreement with a city, county, or city and county, to permit transfer of prisoners in the custody of the secretary to a jail or other adult correctional facility. Under existing law, prisoners transferred to a local facility remain under the legal custody of the department. Existing law, until January 1, 2017, allows a transfer of prisoners to include inmates who have been sentenced to the department but remain housed in a county jail, and specifies that these prisoners shall be under the sole legal custody and jurisdiction of the sheriff or other official having jurisdiction over the facility and not under the legal custody and jurisdiction of the department. Existing law, until January 1, 2017, for purposes of entering into agreements pursuant to the above provisions, waives any process, regulation, or requirement relating to entering into those agreements.

This bill would extend those provisions until January 1, 2020.

(10) Existing law, until January 1, 2017, allows the secretary to enter into one or more agreements in the form of a lease or operating agreement with private entities to obtain secure housing capacity in the state or in another state, upon terms and conditions deemed necessary and appropriate to the secretary. Existing law, until January 1, 2017, waives any process, regulation, or requirement that relates to the procurement or implementation of those agreements, except as specified. Existing law, until January 1, 2017, makes the provisions of the California Environmental Quality Act inapplicable to these provisions.

This bill would extend those provisions until January 1, 2020.

(11) Existing law establishes the Board of State and Community Corrections to, among other things, administer the Second Chance Program to invest in community-based programs, services, and initiatives for formerly incarcerated individuals in need of mental health and substance use treatment services. Existing law prohibits specified officials from being financially interested in any contract made by them in their official capacity. Existing law states that members of a committee created by the Board of State and Community Corrections have no financial interest in any contract made by the board, as specified, based upon the receipt of compensation for holding public office or public employment. Existing federal law, the Edward Byrne Memorial Justice Assistance Grant Program, provides federal criminal justice funding to state and local entities.

This bill would instead provide that, for the purpose of the prohibition on officials being financially interested in any contract made by them in their official capacity, members of a committee created by the board pursuant to the Second Chance Program or the federal Edward Byrne Memorial Justice Assistance Grant Program have no financial interest in any contract made by the board, as specified, based upon the receipt of compensation for holding public office or public employment.

(12) Existing law establishes the Department of Corrections and Rehabilitation to oversee the state prison system.

This bill would, upon appropriation by the Legislature, require the department to award funding for a grant program to not-for-profit organizations to replicate their programs at institutions that are underserved by volunteer and not-for-profit organizations, as specified. The bill would require grant funding be provided to programs that have demonstrated success and focus on offender responsibility and restorative justice principles. The bill would require these programs to demonstrate that they will become self-sufficient or will be funded in the long term by donations or another source of ongoing funding.

(13) Existing law, until January 1, 2017, allows the secretary to enter into agreements for the transfer of prisoners to, or placement of prisoners in, community correctional centers and to enter into contracts to provide housing, sustenance, and supervision for inmates placed in community correctional centers. Existing law, until January 1, 2017, waives any process, regulation, or requirement that relates to entering into those agreements.

This bill would extend those provisions until January 1, 2020.

(14) Existing law allows any court or other agency or officer of this state having power to commit or transfer an inmate to any institution for confinement to commit or transfer that inmate to any institution outside this state if this state has entered into a contract or contracts for the confinement of inmates in that institution and the inmate, if he or she was sentenced under California law and has executed written consent to the transfer, except that existing law, until January 1, 2017, allows the secretary to transfer the inmate to a facility in another state without the consent of the inmate.

This bill would extend the authority of the secretary to transfer an inmate to a facility in another state without the consent of the inmate until January 1, 2020.

(15) Existing law prohibits the transfer of an inmate to a community correctional reentry facility unless certain conditions have been met, including that the inmate has less than 120 days left to serve in a correctional facility.

This bill would instead condition the transfer of an inmate to a community correction reentry facility on the inmate having less than one year left to serve in a correctional facility.

(16) Existing law requires the department to work with the appropriate budget and policy committees of the Legislature and the Legislative Analyst’s Office to establish appropriate oversight, evaluation, and accountability measures to be adopted as part of its “future of corrections plan.” Existing law requires the plan to include periodic review by the Department of Finance’s Office of State Audits and Evaluations.

This bill would repeal those provisions.

(17) Existing law requires the Department of Corrections and Rehabilitation to develop policies, as specified, related to the department’s contraband interdiction efforts for individuals entering the department’s detention facilities. Existing law requires the department to conduct an evaluation of the policy within 2 years of its implementation. Existing law requires this evaluation to include, among other information, the amount of contraband found in the prisons and the number of staff assaults that occurred in the prisons where the policy was implemented.

This bill would require that the evaluation additionally include the rates of drug use by inmates in the prisons where the policy was implemented. The bill would also require the department to provide an interim report detailing its evaluation of the policy to the Legislature by June 30, 2016, and a final report to the Legislature on April 30, 2017, as specified.

(18) Existing law requires the Department of Corrections and Rehabilitation, when amending regulations impacting visitation of inmates, to recognize and consider, among other things, the value of visiting as a means to improve the safety of prisons for both staff and inmates.

This bill would provide that inmates are not prohibited from family visits based solely on the fact that the inmate was sentenced to life without the possibility of parole or was sentenced to life and is without a parole date established by the Board of Parole Hearings.

(19) Existing law establishes the Commission on Correctional Peace Officer Standards and Training within the Department of Corrections and Rehabilitation and requires the commission to develop standards for the selection and training of state correctional peace officer apprentices.

This bill would require the commission, when developing, approving, and monitoring the standards for the training of state correctional peace officer apprentices, to consider including additional training in the areas of mental health and rehabilitation, as well as coursework on the theory and history of corrections.

(20) Existing law establishes the Commission on Peace Officer Standards and Training within the Department of Justice, and requires the commission to adopt rules regarding the minimum occupational standards governing peace officers. Existing law requires the commission to select a chairperson and vice chairperson from among its members.

This bill would require the Governor to designate the chair of the commission from among the members of the commission. The bill would provide that the chair would serve at the pleasure of the Governor. The bill would require the commission to annually select a vice chair from among its members.

(21) Existing law authorizes the Department of Justice to require each dealer to charge each firearm purchaser or transferee a fee not to exceed $1 for each firearm transaction for the purpose of supporting department program costs related to the Deadly Weapons Recodification Act of 2010.

This bill would authorize the Department of Justice to increase that fee at a rate not to exceed any increase in the California Consumer Price Index and not to exceed the reasonable cost of regulation to the department.

(22) Existing law establishes the Firearms Safety and Enforcement Special Fund and continuously appropriates the moneys in the fund to the Department of Justice for purposes relating to the regulation of firearms. Existing law also authorizes the department to require firearms dealers to charge each person who obtains a firearm a fee not to exceed $5 for each transaction. Revenues from this fee are deposited into the fund.

This bill would make the revenue deposited into that fund available for expenditure by the department upon appropriation by the Legislature. The bill would also authorize the department to increase the $5 fee at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations, and not to exceed the reasonable cost of regulation to the department.

(23) The California Health Facilities Financing Authority Act authorizes the California Health Facilities Financing Authority (authority) to make loans from the continuously appropriated California Health Facilities Financing Authority Fund to participating health institutions for financing or refinancing the acquisition, construction, or remodeling of health facilities.

This bill would provide that funds appropriated by the Legislature to the authority for the purposes of the provisions of the bill be made available to selected counties, city and county, or counties acting jointly and used to establish a competitive grant program designed to promote diversion programs and services by increasing and expanding mental health treatment facilities, substance use disorder treatment facilities, and trauma-centered service facilities, including facilities providing services for sex trafficking victims, domestic violence victims, and victims of other violent crimes, in local communities, through the provision of infrastructure grants. The bill would require the authority to develop and to consider specified selection criteria for awarding grants, as prescribed. The bill would require the authority to provide prescribed reports to the fiscal and policy committees of the Legislature on April 1, 2018, and annually until April 1, 2020. The bill would authorize the authority to adopt emergency regulations to implement the grant program, as prescribed. The bill would prohibit funds awarded by the authority from being used to supplant existing financial and resource commitments of the grantee.

(24) Existing law establishes state hospitals for the care, treatment, and education of mentally disordered persons. These hospitals are under the jurisdiction of the State Department of State Hospitals, which is authorized by existing law to adopt regulations regarding the conduct and management of these facilities. Existing law requires that at least 20% of the 1,362 licensed beds at Napa State Hospital be available in any given fiscal year for use by counties for contracted services. Existing law also restricts the placement of patients in the remaining beds, as specified.

This bill would delete these provisions pertaining to the placement of patients in beds at Napa State Hospital.

(25) 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: no.

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

SECTION 1.  

Section 231 of the Code of Civil Procedure is
amended to read:

231.  

(a) In criminal cases, if the offense charged is punishable
with death, or with imprisonment in the state prison for life, the
defendant is entitled to 20 and the people to 20 peremptory
challenges. Except as provided in subdivision (b), in a trial for any
other offense, the defendant is entitled to 10 and the state to 10
peremptory challenges. When two or more defendants are jointly
tried, their challenges shall be exercised jointly, but each defendant
shall also be entitled to five additional challenges which may be
exercised separately, and the people shall also be entitled to
additional challenges equal to the number of all the additional
separate challenges allowed the defendants.

(b) If the offense charged is punishable with a maximum term
of imprisonment of begin delete one year end delete begin insert 90 days end insert or less, the defendant is
entitled to six and the state to six peremptory challenges. When
two or more defendants are jointly tried, their challenges shall be
exercised jointly, but each defendant shall also be entitled to begin delete two end delete
begin insert four end insert additional challenges which may be exercised separately, and
the state shall also be entitled to additional challenges equal to the
number of all the additional separate challenges allowed the
defendants.

(c) In civil cases, each party shall be entitled to six peremptory
challenges. If there are more than two parties, the court shall, for
the purpose of allotting peremptory challenges, divide the parties
into two or more sides according to their respective interests in
the issues. Each side shall be entitled to eight peremptory
challenges. If there are several parties on a side, the court shall
divide the challenges among them as nearly equally as possible.
If there are more than two sides, the court shall grant such
additional peremptory challenges to a side as the interests of justice
may require, provided that the peremptory challenges of one side
shall not exceed the aggregate number of peremptory challenges
of all other sides. If any party on a side does not use his or her full
share of peremptory challenges, the unused challenges may be
used by the other party or parties on the same side.

(d) Peremptory challenges shall be taken or passed by the sides
alternately, commencing with the plaintiff or people, and each
party shall be entitled to have the panel full before exercising any
peremptory challenge. When each side passes consecutively, the
jury shall then be sworn, unless the court, for good cause, shall
otherwise order. The number of peremptory challenges remaining
with a side shall not be diminished by any passing of a peremptory
challenge.

(e) If all the parties on both sides pass consecutively, the jury
shall then be sworn, unless the court, for good cause, shall
otherwise order. The number of peremptory challenges remaining
with a side shall not be diminished by any passing of a peremptory
challenge.

begin delete

(f) The Judicial Council shall conduct a study, and on or before
January 1, 2020, shall submit a report to the public safety
committees of both houses of the Legislature on the reductions in
peremptory challenges resulting from the enactment of the act that
added this subdivision. The study shall include, but not be limited
to, an examination of the number of peremptory challenges used
by the defendant and the state in misdemeanor jury trials, a
representative sample of the types of cases that go to jury trial,
and the resulting cost savings to the courts. The report submitted
pursuant to this subdivision shall be submitted in compliance with
Section 9795 of the Government Code.

end delete begin delete

(g)

end delete

begin insert (f) end insert  This section shall remain in effect only until January 1,
begin delete 2021, end delete begin insert 2017, end insert and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, begin delete 2021, end delete begin insert 2017, end insert deletes or
extends that date.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 231 is added to the end insert begin insert Code of Civil Procedure end insert begin insert ,
to read: end insert

begin insert

begin insert 231. end insert   

(a) In criminal cases, if the offense charged is punishable
with death, or with imprisonment in the state prison for life, the
defendant is entitled to 20 and the people to 20 peremptory
challenges. Except as provided in subdivision (b), in a trial for
any other offense, the defendant is entitled to 10 and the state to
10 peremptory challenges. When two or more defendants are jointly
tried, their challenges shall be exercised jointly, but each defendant
shall also be entitled to five additional challenges which may be
exercised separately, and the people shall also be entitled to
additional challenges equal to the number of all the additional
separate challenges allowed the defendants.

(b) If the offense charged is punishable with a maximum term
of imprisonment of one year or less, the defendant is entitled to
six and the state to six peremptory challenges. When two or more
defendants are jointly tried, their challenges shall be exercised
jointly, but each defendant shall also be entitled to two additional
challenges which may be exercised separately, and the state shall
also be entitled to additional challenges equal to the number of
all the additional separate challenges allowed the defendants.

(c) In civil cases, each party shall be entitled to six peremptory
challenges. If there are more than two parties, the court shall, for
the purpose of allotting peremptory challenges, divide the parties
into two or more sides according to their respective interests in
the issues. Each side shall be entitled to eight peremptory
challenges. If there are several parties on a side, the court shall
divide the challenges among them as nearly equally as possible.
If there are more than two sides, the court shall grant such
additional peremptory challenges to a side as the interests of justice
may require, provided that the peremptory challenges of one side
shall not exceed the aggregate number of peremptory challenges
of all other sides. If any party on a side does not use his or her full
share of peremptory challenges, the unused challenges may be
used by the other party or parties on the same side.

(d) Peremptory challenges shall be taken or passed by the sides
alternately, commencing with the plaintiff or people, and each
party shall be entitled to have the panel full before exercising any
peremptory challenge. When each side passes consecutively, the
jury shall then be sworn, unless the court, for good cause, shall
otherwise order. The number of peremptory challenges remaining
with a side shall not be diminished by any passing of a peremptory
challenge.

(e) If all the parties on both sides pass consecutively, the jury
shall then be sworn, unless the court, for good cause, shall
otherwise order. The number of peremptory challenges remaining
with a side shall not be diminished by any passing of a peremptory
challenge.

(f) The Judicial Council shall conduct a study, and on or before
January 1, 2020, shall submit a report to the public safety
committees of both houses of the Legislature on the reductions in
peremptory challenges resulting from the enactment of the act that
added this subdivision. The study shall include, but not be limited
to, an examination of the number of peremptory challenges used
by the defendant and the state in misdemeanor jury trials, a
representative sample of the types of cases that go to jury trial,
and the resulting cost savings to the courts. The report submitted
pursuant to this subdivision shall be submitted in compliance with
Section 9795 of the Government Code.

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

(h) This section shall remain in effect only until January 1, 2021,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2021, deletes or extends that date.

end insert

begin delete SEC. 2. end delete

begin insert SEC. 3. end insert   

Section 231 is added to the Code of Civil Procedure,
to read:

231.  

(a) In criminal cases, if the offense charged is punishable
with death, or with imprisonment in the state prison for life, the
defendant is entitled to 20 and the people to 20 peremptory
challenges. Except as provided in subdivision (b), in a trial for any
other offense, the defendant is entitled to 10 and the state to 10
peremptory challenges. When two or more defendants are jointly
tried, their challenges shall be exercised jointly, but each defendant
shall also be entitled to five additional challenges which may be
exercised separately, and the people shall also be entitled to
additional challenges equal to the number of all the additional
separate challenges allowed the defendants.

(b) If the offense charged is punishable with a maximum term
of imprisonment of 90 days or less, the defendant is entitled to six
and the state to six peremptory challenges. When two or more
defendants are jointly tried, their challenges shall be exercised
jointly, but each defendant shall also be entitled to four additional
challenges which may be exercised separately, and the state shall
also be entitled to additional challenges equal to the number of all
the additional separate challenges allowed the defendants.

(c) In civil cases, each party shall be entitled to six peremptory
challenges. If there are more than two parties, the court shall, for
the purpose of allotting peremptory challenges, divide the parties
into two or more sides according to their respective interests in
the issues. Each side shall be entitled to eight peremptory
challenges. If there are several parties on a side, the court shall
divide the challenges among them as nearly equally as possible.
If there are more than two sides, the court shall grant such
additional peremptory challenges to a side as the interests of justice
may require, provided that the peremptory challenges of one side
shall not exceed the aggregate number of peremptory challenges
of all other sides. If any party on a side does not use his or her full
share of peremptory challenges, the unused challenges may be
used by the other party or parties on the same side.

(d) Peremptory challenges shall be taken or passed by the sides
alternately, commencing with the plaintiff or begin delete people; end delete begin insert people, end insert and
each party shall be entitled to have the panel full before exercising
any peremptory challenge. When each side passes consecutively,
the jury shall then be sworn, unless the court, for good cause, shall
otherwise order. The number of peremptory challenges remaining
with a side shall not be diminished by any passing of a peremptory
challenge.

(e) If all the parties on both sides pass consecutively, the jury
shall then be sworn, unless the court, for good cause, shall
otherwise order. The number of peremptory challenges remaining
with a side shall not be diminished by any passing of a peremptory
challenge.

(f) This section shall become operative on January 1, 2021.

begin delete SEC. 3. end delete

begin insert SEC. 4. end insert   

Section 7522.57 of the Government Code is amended
to read:

7522.57.  

(a) This section shall apply to any retired person who
is receiving a pension benefit from a public retirement system and
is first appointed on or after January 1, 2013, to a salaried position
on a state board or commission. This section shall supersede any
other provision in conflict with this section.

(b) A person who is retired from a public retirement system
may serve without reinstatement from retirement or loss or
interruption of benefits provided that appointment is to a part-time
state board or commission. A retired person whose employment
without reinstatement is authorized by this subdivision shall acquire
no benefits, service credit, or retirement rights with respect to the
employment. Unless otherwise defined in statute, for the purpose
of this section, a part-time appointment shall mean an appointment
with a salary of no more than $60,000 annually, which shall be
increased in any fiscal year in which a general salary increase is
provided for state employees. The amount of the increase provided
by this section shall be comparable to, but shall not exceed, the
percentage of the general salary increases provided for state
employees during that fiscal year.

(c) A person who is retired from the Public Employees’
Retirement System shall not serve on a full-time basis on a state
board or commission without reinstatement unless that person
serves as a nonsalaried member of the board or commission and
receives only per diem authorized to all members of the board or
commission. A person who serves as a nonsalaried member of a
board or commission shall not earn any service credit or benefits
in the Public Employees’ Retirement System or make contributions
with respect to the service performed.

(d) A person retired from a public retirement system other than
the Public Employees’ Retirement System who is appointed on a
full-time basis to a state board or commission shall choose one of
the following options:

(1) The person may serve as a nonsalaried member of the board
or commission and continue to receive his or her retirement
allowance, in addition to any per diem authorized to all members
of the board or commission. The person shall not earn service
credit or benefits in the Public Employees’ Retirement System and
shall not make contributions with respect to the service performed.

(2) (A) The person may suspend his or her retirement allowance
or allowances and instate as a new member of the Public
Employees’ Retirement System for the service performed on the
board or commission. The pensionable compensation earned
pursuant to this paragraph shall not be eligible for reciprocity with
any other retirement system or plan.

(B) Upon retiring for service after serving on the board or
commission, the appointee shall be entitled to reinstatement of any
suspended benefits, including employer provided retiree health
benefits, that he or she was entitled to at the time of being
appointed to the board or commission.

(e) Notwithstanding subdivisions (c) and (d), a person who
retires from a public employer may serve without reinstatement
from retirement or loss or interruption of benefits provided by the
retirement system upon appointment to a full-time state board
pursuant to Section 5075 of the Penal Code or Section 1718 of the
Welfare and Institutions Code.

begin delete SEC. 4. end delete

begin insert SEC. 5. end insert   

Section 11555 of the Government Code is amended
to read:

11555.  

(a) Effective January 1, 1988, an annual salary of
seventy-one thousand five hundred eighty-seven dollars ($71,587)
shall be paid to the following:

(1) Chairperson of the Board of Parole Hearings.

(2) Chairperson of the Occupational Safety and Health Appeals
Board.

(3) Chairperson of the Board of Juvenile Hearings.

(b) The annual compensation provided by this section shall be
increased in any fiscal year in which a general salary increase is
provided for state employees. The amount of the increase provided
by this section shall be comparable to, but shall not exceed, the
percentage of the general salary increases provided for state
employees during that fiscal year.

(c) Notwithstanding subdivision (b), any salary increase is
subject to Section 19825.5.

begin delete SEC. 5. end delete

begin insert SEC. 6. end insert   

Section 11556 of the Government Code is amended
to read:

11556.  

(a) Effective January 1, 1988, an annual salary of
sixty-nine thousand seventy-six dollars ($69,076) shall be paid to
each of the following:

(1) Commissioner of the Board of Parole Hearings.

(2) Member of the Occupational Safety and Health Appeals
Board.

(3) Commissioner of the Board of Juvenile Hearings.

(b) The annual compensation provided by this section shall be
increased in any fiscal year in which a general salary increase is
provided for state employees. The amount of the increase provided
by this section shall be comparable to, but shall not exceed, the
percentage of the general salary increases provided for state
employees during that fiscal year.

(c) Notwithstanding subdivision (b), any salary increase is
subject to Section 19825.5.

begin delete SEC. 6. end delete

begin insert SEC. 7. end insert   

Section 12838 of the Government Code is amended
to read:

12838.  

(a) There is hereby created in state government the
Department of Corrections and Rehabilitation, to be headed by a
secretary, who shall be appointed by the Governor, subject to
Senate confirmation, and shall serve at the pleasure of the
Governor. The Department of Corrections and Rehabilitation shall
consist of Adult Operations, Adult Programs, Health Care Services,
Juvenile Justice, the Board of Parole Hearings, the Board of
Juvenile Hearings, the State Commission on Juvenile Justice, the
Prison Industry Authority, and the Prison Industry Board.

(b) The Governor, upon recommendation of the secretary, may
appoint three undersecretaries of the Department of Corrections
and Rehabilitation, subject to Senate confirmation. The
undersecretaries shall hold office at the pleasure of the Governor.
One undersecretary shall oversee administration and offender
services, one undersecretary shall oversee health care services,
and one undersecretary shall oversee operations for the department.

(c) The Governor, upon recommendation of the secretary, shall
appoint a Chief for the Office of Victim Services, and a Chief for
the Office of Correctional Safety, both of whom shall serve at the
pleasure of the Governor.

begin delete SEC. 7. end delete

begin insert SEC. 8. end insert   

Section 12838.4 of the Government Code is amended
to read:

12838.4.  

The Board of Parole Hearings is hereby created. The
Board of Parole Hearings shall be comprised of 14 commissioners,
who shall be appointed by the Governor, subject to Senate
confirmation, for three-year terms. The Board of Parole Hearings
hereby succeeds to, and is vested with, all the powers, duties,
responsibilities, obligations, liabilities, and jurisdiction of the
following entities, which shall no longer exist: Board of Prison
Terms, Narcotic Addict Evaluation Authority, and Youthful
Offender Parole Board. For purposes of this article, the above
entities shall be known as “predecessor entities.”

begin delete SEC. 8. end delete

begin insert SEC. 9. end insert   

Section 68502.5 of the Government Code is amended
to read:

68502.5.  

(a) The Judicial Council may, as part of its trial court
budget process, seek input from groups and individuals as it deems
appropriate, including, but not limited to, advisory committees
and the Administrative Director of the Courts. The trial court
budget process may include, but is not limited to, the following:

(1) The receipt of budget requests from the trial courts.

(2) The review of the trial courts’ budget requests and evaluate
them against performance criteria established by the Judicial
Council by which a court’s performance, level of coordination,
and efficiency can be measured.

(3) The annual adoption of the projected cost in the subsequent
fiscal year of court operations as defined in Section 77003 for each
trial court. This estimation shall serve as a basis for recommended
court budgets, which shall be developed for comparison purposes
and to delineate funding responsibilities.

(4) The annual approval of a schedule for the allocation of
moneys to individual courts and an overall trial court budget for
forwarding to the Governor for inclusion in the Governor’s
proposed State Budget. The schedule shall be based on the
performance criteria established pursuant to paragraph (2), on a
minimum standard established by the Judicial Council for the
operation and staffing of all trial court operations, and on any other
factors as determined by the Judicial Council. This minimum
standard shall be modeled on court operations using all reasonable
and available measures to increase court efficiency. The schedule
of allocations shall assure that all trial courts receive funding for
the minimum operating and staffing standards before funding
operating and staffing requests above the minimum standards, and
shall include incentives and rewards for any trial court’s
implementation of efficiencies and cost saving measures.

(5) The reallocation of funds during the course of the fiscal year
to ensure equal access to the trial courts by the public, to improve
trial court operations, and to meet trial court emergencies. Neither
the state nor the counties shall have any obligation to replace
moneys appropriated for trial courts and reallocated pursuant to
this paragraph.

(6) The allocation of funds in the State Trial Court Improvement
and Modernization Fund to ensure equal access to trial courts by
the public, to improve trial court operations, and to meet trial court
emergencies, as expressly authorized by statute.

(7) Upon approval of the trial courts’ budget by the Legislature,
the preparation during the course of the fiscal year of allocation
schedules for payments to the trial courts, consistent with Section
68085, which shall be submitted to the Controller’s office at least
15 days before the due date of any allocation.

(8) The establishment of rules regarding a court’s authority to
transfer trial court funding moneys from one functional category
to another in order to address needs in any functional category.

(9) At the request of the presiding judge of a trial court, an
independent review of the funding level of the court to determine
whether it is adequate to enable the court to discharge its statutory
and constitutional responsibilities.

(10) From time to time, a review of the level of fees charged
by the courts for various services and prepare recommended
adjustments for forwarding to the Legislature.

(11) Provisions set forth in rules adopted pursuant to Section
77206.

(b) Courts and counties shall establish procedures to allow for
the sharing of information as it relates to approved budget proposals
and expenditures that impact the respective court and county
budgets. The procedures shall include, upon the request of a court
or county, that a respective court or county shall provide the
requesting court or county a copy of its approved budget and, to
the extent possible, approved program expenditure component
information and a description of budget changes that are anticipated
to have an impact on the requesting court or county. The Judicial
Council shall provide to the Legislature on December 31, 2001,
and yearly thereafter, budget expenditure data at the program
component level for each court.

(c) (1) The Judicial Council shall retain the ultimate
responsibility to adopt a budget and allocate funding for the trial
courts and perform the other activities listed in subdivision (a) that
best assure their ability to carry out their functions, promote
implementation of statewide policies, and promote the immediate
implementation of efficiencies and cost saving measures in court
operations, in order to guarantee equal access to the courts.

(2) (A) When setting the allocations for trial courts, the Judicial
Council shall set a preliminary allocation in July of each fiscal
year. The preliminary allocation shall include an estimate of
available trial court reserves as of June 30 of the prior fiscal year
and each court’s preliminary allocation shall be offset by the
amount of reserves in excess of the amount authorized to be carried
over pursuant to subdivision (b) of Section 77203. In January of
each fiscal year, after review of available trial court reserves as of
June 30 of the prior fiscal year, the Judicial Council shall finalize
allocations to trial courts and each court’s finalized allocation shall
be offset by the amount of reserves in excess of the amount
authorized to be carried over pursuant to subdivision (b) of Section
77203.

(B) The Judicial Council shall hold a reserve of ten million
dollars ($10,000,000) in the Trial Court Trust Fund to be available
to trial courts for emergencies. The funding shall be administered
by the Judicial Council, and any funding allocated shall be
replenished on an annual basis from the trial court base allocations.
The Judicial Council shall establish a process for trial courts to
apply for emergency funding.

(C) The Judicial Council shall, no later than October 1 of each
year, report to the Legislature, pursuant to Section 9795, and to
the Department of Finance all requests and allocations made
pursuant to subparagraph (B) for the preceding year.

begin delete SEC. 9. end delete

begin insert SEC. 10. end insert   

Section 68085.1 of the Government Code, as amended
by Section 22 of Chapter 913 of the Statutes of 2014, is amended
to read:

68085.1.  

(a) This section applies to all fees and fines that are
collected on or after January 1, 2006, under all of the following:

(1) Sections 177.5, 209, 403.060, 491.150, 631.3, 683.150,
704.750, 708.160, 724.100, 1134, 1161.2, 1218, and 1993.2 of,
subdivision (g) of Section 411.20 and subdivisions (c) and (g) of
Section 411.21 of, subdivision (b) of Section 631 of, and Chapter
5.5 (commencing with Section 116.110) of Title 1 of Part 1 of, the
Code of Civil Procedure.

(2) Section 3112 of the Family Code.

(3) Section 31622 of the Food and Agricultural Code.

(4) Subdivision (d) of Section 6103.5, Sections 68086 and
68086.1, subdivision (d) of Section 68511.3, Sections 68926.1 and
69953.5, and Chapter 5.8 (commencing with Section 70600).

(5) Section 103470 of the Health and Safety Code.

(6) Subdivisions (b) and (c) of Section 166 and Section 1214.1
of the Penal Code.

(7) Sections 1835, 1851.5, 2343, 7660, and 13201 of the Probate
Code.

(8) Sections 14607.6 and 16373 of the Vehicle Code.

(9) Section 71386 of this code, Sections 304, 7851.5, and 9002
of the Family Code, and Section 1513.1 of the Probate Code, if
the reimbursement is for expenses incurred by the court.

(10) Section 3153 of the Family Code, if the amount is paid to
the court for the cost of counsel appointed by the court to represent
a child.

(b) On and after January 1, 2006, each superior court shall
deposit all fees and fines listed in subdivision (a), as soon as
practicable after collection and on a regular basis, into a bank
account established for this purpose by the Administrative Office
of the Courts. Upon direction of the Administrative Office of the
Courts, the county shall deposit civil assessments under Section
1214.1 of the Penal Code and any other money it collects under
the sections listed in subdivision (a) as soon as practicable after
collection and on a regular basis into the bank account established
for this purpose and specified by the Administrative Office of the
Courts. The deposits shall be made as required by rules adopted
by, and financial policies and procedures authorized by, the Judicial
Council under subdivision (a) of Section 77206. Within 15 days
after the end of the month in which the fees and fines are collected,
each court, and each county that collects any fines or fees under
subdivision (a), shall provide the Administrative Office of the
Courts with a report of the fees by categories as specified by the
Administrative Office of the Courts. The Administrative Office
of the Courts and any court may agree upon a time period greater
than 15 days, but in no case more than 30 days after the end of the
month in which the fees and fines are collected. The fees and fines
listed in subdivision (a) shall be distributed as provided in this
section.

(c) (1) Within 45 calendar days after the end of the month in
which the fees and fines listed in subdivision (a) are collected, the
Administrative Office of the Courts shall make the following
distributions:

(A) To the small claims advisory services, as described in
subdivision (f) of Section 116.230 of the Code of Civil Procedure.

(B) To dispute resolution programs, as described in subdivision
(b) of Section 68085.3 and subdivision (b) of Section 68085.4.

(C) To the county law library funds, as described in Sections
116.230 and 116.760 of the Code of Civil Procedure, subdivision
(b) of Section 68085.3, subdivision (b) of Section 68085.4, and
Section 70621 of this code, and Section 14607.6 of the Vehicle
Code.

(D) To the courthouse construction funds in the Counties of
Riverside, San Bernardino, and San Francisco, as described in
Sections 70622, 70624, and 70625.

(E) Commencing July 1, 2011, to the Trial Court Trust Fund,
as described in subdivision (e) of Section 70626, to be used by the
Judicial Council to implement and administer the civil
representation pilot program under Section 68651.

(2) If any distribution under this subdivision is delinquent, the
Administrative Office of the Courts shall add a penalty to the
distribution as specified in subdivision (i).

(d) Within 45 calendar days after the end of the month in which
the fees and fines listed in subdivision (a) are collected, the
amounts remaining after the distributions in subdivision (c) shall
be transmitted to the State Treasury for deposit in the Trial Court
Trust Fund and other funds as required by law. This remittance
shall be accompanied by a remittance advice identifying the
collection month and the appropriate account in the Trial Court
Trust Fund or other fund to which it is to be deposited. Upon the
receipt of any delinquent payment required under this subdivision,
the Controller shall calculate a penalty as provided under
subdivision (i).

(e) From the money transmitted to the State Treasury under
subdivision (d), the Controller shall make deposits as follows:

(1) Into the State Court Facilities Construction Fund, the Judges’
Retirement Fund, and the Equal Access Fund, as described in
subdivision (c) of Section 68085.3 and subdivision (c) of Section
68085.4.

(2) Into the Health Statistics Special Fund, as described in
subdivision (b) of Section 70670 of this code and Section 103730
of the Health and Safety Code.

(3) Into the Family Law Trust Fund, as described in Section
70674.

(4) Into the Immediate and Critical Needs Account of the State
Court Facilities Construction Fund, established in Section 70371.5,
as described in Sections 68085.3, 68085.4, and 70657.5, and
subdivision (e) of Section 70617.

(5) The remainder of the money shall be deposited into the Trial
Court Trust Fund.

(f) The amounts collected by each superior court under Section
116.232, subdivision (g) of Section 411.20, and subdivision (g) of
Section 411.21 of the Code of Civil Procedure, Sections 304, 3112,
3153, 7851.5, and 9002 of the Family Code, subdivision (d) of
Section 6103.5, subdivision (d) of Section 68511.3 and Sections
68926.1, 69953.5, 70627, 70631, 70640, 70661, 70678, and 71386
of this code, and Sections 1513.1, 1835, 1851.5, and 2343 of the
Probate Code shall be added to the monthly apportionment for that
court under subdivision (a) of Section 68085.

(g) If any of the fees provided in subdivision (a) are partially
waived by court order or otherwise reduced, and the fee is to be
divided between the Trial Court Trust Fund and any other fund or
account, the amount of the reduction shall be deducted from the
amount to be distributed to each fund in the same proportion as
the amount of each distribution bears to the total amount of the
fee. If the fee is paid by installment payments, the amount
distributed to each fund or account from each installment shall
bear the same proportion to the installment payment as the full
distribution to that fund or account does to the full fee. If a court
collects a fee that was incurred before January 1, 2006, under a
provision that was the predecessor to one of the paragraphs
contained in subdivision (a), the fee may be deposited as if it were
collected under the paragraph of subdivision (a) that corresponds
to the predecessor of that paragraph and distributed in prorated
amounts to each fund or account to which the fee in subdivision
(a) must be distributed.

(h) Except as provided in Sections 470.5 and 6322.1 of the
Business and Professions Code, and Sections 70622, 70624, and
70625 of this code, an agency shall not take action to change the
amounts allocated to any of the funds described in subdivision (c),
(d), or (e).

(i) The amount of the penalty on any delinquent payment under
subdivision (c) or (d) shall be calculated by multiplying the amount
of the delinquent payment at a daily rate equivalent to 11⁄2 percent
per month for the number of days the payment is delinquent. The
penalty shall be paid from the Trial Court Trust Fund. Penalties
on delinquent payments under subdivision (d) shall be calculated
only on the amounts to be distributed to the Trial Court Trust Fund
and the State Court Facilities Construction Fund, and each penalty
shall be distributed proportionately to the funds to which the
delinquent payment was to be distributed.

(j) If a delinquent payment under subdivision (c) or (d) results
from a delinquency by a superior court under subdivision (b), the
court shall reimburse the Trial Court Trust Fund for the amount
of the penalty. Notwithstanding Section 77009, any penalty on a
delinquent payment that a court is required to reimburse pursuant
to this section shall be paid from the court operations fund for that
court. The penalty shall be paid by the court to the Trial Court
Trust Fund no later than 45 days after the end of the month in
which the penalty was calculated. If the penalty is not paid within
the specified time, the Administrative Office of the Courts may
reduce the amount of a subsequent monthly allocation to the court
by the amount of the penalty on the delinquent payment.

(k) If a delinquent payment under subdivision (c) or (d) results
from a delinquency by a county in transmitting fees and fines listed
in subdivision (a) to the bank account established for this purpose,
as described in subdivision (b), the county shall reimburse the Trial
Court Trust Fund for the amount of the penalty. The penalty shall
be paid by the county to the Trial Court Trust Fund no later than
45 days after the end of the month in which the penalty was
calculated.

begin delete SEC. 10. end delete

begin insert SEC. 11. end insert   

Section 68085.1 of the Government Code, as amended
by Section 19 of Chapter 41 of the Statutes of 2012, is repealed.

begin delete SEC. 11. end delete

begin insert SEC. 12. end insert   

Section 68651 of the Government Code is amended
to read:

68651.  

(a) Legal counsel shall be appointed to represent
low-income parties in civil matters involving critical issues
affecting basic human needs in those specified courts selected by
the Judicial Council as provided in this section.

(b) (1) Subject to funding specifically provided for this purpose
pursuant to subdivision (e) of Section 70626, the Judicial Council
shall develop one or more model pilot projects in selected courts
pursuant to a competitive grant process and a request for proposals.
Projects authorized under this section shall provide representation
of counsel for low-income persons who require legal services in
civil matters involving housing-related matters, domestic violence
and civil harassment restraining orders, probate conservatorships,
guardianships of the person, elder abuse, or actions by a parent to
obtain sole legal or physical custody of a child, as well as providing
court procedures, personnel, training, and case management and
administration methods that reflect best practices to ensure
unrepresented parties in those cases have meaningful access to
justice, and to gather information on the outcomes associated with
providing these services, to guard against the involuntary waiver
of those rights or their disposition by default. These pilot projects
should be designed to address the substantial inequities in timely
and effective access to justice that often give rise to an undue risk
of erroneous decision because of the nature and complexity of the
law and the proceeding or disparities between the parties in
education, sophistication, language proficiency, legal
representation, access to self-help, and alternative dispute
resolution services. In order to ensure that the scarce funds
available for the program are used to serve the most critical cases
and the parties least able to access the courts without
representation, eligibility for representation shall be limited to
clients whose household income falls at or below 200 percent of
the federal poverty level. Projects shall impose asset limitations
consistent with their existing practices in order to ensure optimal
use of funds.

(2) (A) In light of the significant percentage of parties who are
unrepresented in family law matters, proposals to provide counsel
in child custody cases should be considered among the highest
priorities for funding, particularly when one side is represented
and the other is not.

(B) Up to 20 percent of available funds shall be directed to
projects regarding civil matters involving actions by a parent to
obtain sole legal or physical custody of a child. This subparagraph
shall not apply to distributions made pursuant to paragraph (3).

(3) For the 2012-13 fiscal year, and each subsequent fiscal year,
any amounts collected pursuant to subdivision (e) of Section 70626
in excess of the total amount transferred to the Trial Court Trust
Fund in the 2011-12 fiscal year pursuant to subparagraph (E) of
paragraph (1) of subdivision (c) of Section 68085.1 and subdivision
(e) of Section 70626 shall be distributed by the Judicial Council
without regard to subparagraph (B) of paragraph (2). Those
amounts may be distributed by the Judicial Council as set forth in
this subdivision. If the funds are to be distributed to new projects,
the Judicial Council shall distribute those amounts pursuant to the
process set forth in this subdivision.

(4) Each project shall be a partnership between the court, a
qualified legal services project, as defined by subdivision (a) of
Section 6213 of the Business and Professions Code, that shall serve
as the lead agency for case assessment and direction, and other
legal services providers in the community who are able to provide
the services for the project. The lead legal services agency shall
be the central point of contact for receipt of referrals to the project
and to make determinations of eligibility based on uniform criteria.
The lead legal services agency shall be responsible for providing
representation to the clients or referring the matter to one of the
organization or individual providers with whom the lead legal
services agency contracts to provide the service. Funds received
by a qualified legal services project shall not qualify as
expenditures for the purposes of the distribution of funds pursuant
to Section 6216 of the Business and Professions Code. To the
extent practical, the lead legal services agency shall identify and
make use of pro bono services in order to maximize available
services efficiently and economically. Recognizing that not all
indigent parties can be afforded representation, even when they
have meritorious cases, the court partner shall, as a corollary to
the services provided by the lead legal services agency, be
responsible for providing procedures, personnel, training, and case
management and administration practices that reflect best practices
to ensure unrepresented parties meaningful access to justice and
to guard against the involuntary waiver of rights, as well as to
encourage fair and expeditious voluntary dispute resolution,
consistent with principles of judicial neutrality.

(5) The participating projects shall be selected by a committee
appointed by the Judicial Council with representation from key
stakeholder groups, including judicial officers, legal services
providers, and others, as appropriate. The committee shall assess
the applicants’ capacity for success, innovation, and efficiency,
including, but not limited to, the likelihood that the project would
deliver quality representation in an effective manner that would
meet critical needs in the community and address the needs of the
court with regard to access to justice and calendar management,
and the unique local unmet needs for representation in the
community. Projects approved pursuant to this section shall initially
be authorized for a three-year period, commencing July 1, 2011,
subject to renewal for a period to be determined by the Judicial
Council, in consultation with the participating project in light of
the project’s capacity and success. After the initial three-year
period, the Judicial Council shall distribute any future funds
available as the result of the termination or nonrenewal of a project
pursuant to the process set forth in this subdivision. Projects shall
be selected on the basis of whether in the cases proposed for service
the persons to be assisted are likely to be opposed by a party who
is represented by counsel. The Judicial Council shall also consider
the following factors in selecting the projects:

(A) The likelihood that representation in the proposed case type
tends to affect whether a party prevails or otherwise obtains a
significantly more favorable outcome in a matter in which they
would otherwise frequently have judgment entered against them
or suffer the deprivation of the basic human need at issue.

(B) The likelihood of reducing the risk of erroneous decision.

(C) The nature and severity of potential consequences for the
unrepresented party regarding the basic human need at stake if
representation is not provided.

(D) Whether the provision of legal services may eliminate or
reduce the potential need for and cost of public social services
regarding the basic human need at stake for the client and others
in the client’s household.

(E) The unmet need for legal services in the geographic area to
be served.

(F) The availability and effectiveness of other types of court
services, such as self-help.

(6) Each applicant shall do all of the following:

(A) Identify the nature of the partnership between the court, the
lead legal services agency, and the other agencies or other providers
that would work within the project.

(B) Describe the referral protocols to be used, the criteria that
would be employed in case assessment, why those cases were
selected, the manner to address conflicts without violating any
attorney-client privilege when adverse parties are seeking
representation through the project, and the means for serving
potential clients who need assistance with English.

(C) Describe how the project would be administered, including
how the data collection requirements would be met without causing
an undue burden on the courts, clients, or the providers, the
particular objectives of the project, strategies to evaluate their
success in meeting those objectives, and the means by which the
project would serve the particular needs of the community, such
as by providing representation to limited-English-speaking clients.

(7) To ensure the most effective use of the funding available,
the lead legal services agency shall serve as a hub for all referrals,
and the point at which decisions are made about which referrals
will be served and by whom. Referrals shall emanate from the
court, as well as from the other agencies providing services through
the program, and shall be directed to the lead legal services agency
for review. That agency, or another agency or attorney in the event
of conflict, shall collect the information necessary to assess whether
the case should be served. In performing that case assessment, the
agency shall determine the relative need for representation of the
litigant, including all of the following:

(A) Case complexity.

(B) Whether the other party is represented.

(C) The adversarial nature of the proceeding.

(D) The availability and effectiveness of other types of services,
such as self-help, in light of the potential client and the nature of
the case.

(E) Language issues.

(F) Disability access issues.

(G) Literacy issues.

(H) The merits of the case.

(I) The nature and severity of potential consequences for the
potential client if representation is not provided.

(J) Whether the provision of legal services may eliminate or
reduce the need for, and cost of, public social services for the
potential client and others in the potential client’s household.

(8) If both parties to a dispute are financially eligible for
representation, each proposal shall ensure that representation for
both sides is evaluated. In these and other cases in which conflict
issues arise, the lead legal services agency shall have referral
protocols with other agencies and providers, such as a private
attorney panel, to address those conflicts.

(9) Each pilot project shall be responsible for keeping records
on the referrals accepted and those not accepted for representation,
and the reasons for each, in a manner that does not violate
privileged communications between the agency and the prospective
client. Each pilot project shall be provided with standardized data
collection tools, and required to track case information for each
referral to allow the evaluation to measure the number of cases
served, the level of service required, and the outcomes for the
clients in each case. In addition to this information on the effect
of the representation on the clients, data shall be collected regarding
the outcomes for the trial courts.

(10) A local advisory committee shall be formed for each pilot
project, to include representatives of the bench and court
administration, the lead legal services agency, and the other
agencies or providers that are part of the local project team. The
role of the advisory committee is to facilitate the administration
of the local pilot project, and to ensure that the project is fulfilling
its objectives. In addition, the committee shall resolve any issues
that arise during the course of the pilot project, including issues
concerning case eligibility, and recommend changes in project
administration in response to implementation challenges. The
committee shall meet at least monthly for the first six months of
the project, and no less than quarterly for the duration of the pilot
period. Each authorized pilot project shall catalog changes to the
program made during the three-year period based on its experiences
with best practices in serving the eligible population.

(c) The Judicial Council shall conduct a study to demonstrate
the effectiveness and continued need for the pilot program
established pursuant to this section and shall report its findings
and recommendations to the Governor and the Legislature on or
before January 31, 2016. The study shall report on the percentage
of funding by case type and shall include data on the impact of
counsel on equal access to justice and the effect on court
administration and efficiency, and enhanced coordination between
courts and other government service providers and community
resources. This report shall describe the benefits of providing
representation to those who were previously not represented, both
for the clients and the courts, as well as strategies and
recommendations for maximizing the benefit of that representation
in the future. The report shall describe and include data, if
available, on the impact of the pilot program on families and
children. The report also shall include an assessment of the
continuing unmet needs and, if available, data regarding those
unmet needs.

(d) This section shall not be construed to negate, alter, or limit
any right to counsel in a criminal or civil action or proceeding
otherwise provided by state or federal law.

begin delete SEC. 12. end delete

begin insert SEC. 13. end insert   

Section 70626 of the Government Code, as amended
by Section 45 of Chapter 41 of the Statutes of 2012, is amended
to read:

70626.  

(a) The fee for each of the following services is
twenty-five dollars ($25). Subject to subdivision (e), amounts
collected shall be distributed to the Trial Court Trust Fund under
Section 68085.1.

(1) Issuing a writ of attachment, a writ of mandate, a writ of
execution, a writ of sale, a writ of possession, a writ of prohibition,
or any other writ for the enforcement of any order or judgment.

(2) Issuing an abstract of judgment.

(3) Issuing a certificate of satisfaction of judgment under Section
724.100 of the Code of Civil Procedure.

(4) Certifying a copy of any paper, record, or proceeding on file
in the office of the clerk of any court.

(5) Taking an affidavit, except in criminal cases or adoption
proceedings.

(6) Acknowledgment of any deed or other instrument, including
the certificate.

(7) Recording or registering any license or certificate, or issuing
any certificate in connection with a license, required by law, for
which a charge is not otherwise prescribed.

(8) Issuing any certificate for which the fee is not otherwise
fixed.

(b) The fee for each of the following services is thirty dollars
($30). Subject to subdivision (e), amounts collected shall be
distributed to the Trial Court Trust Fund under Section 68085.1.

(1) Issuing an order of sale.

(2) Receiving and filing an abstract of judgment rendered by a
judge of another court and subsequent services based on it, unless
the abstract of judgment is filed under Section 704.750 or 708.160
of the Code of Civil Procedure.

(3) Filing a confession of judgment under Section 1134 of the
Code of Civil Procedure.

(4) Filing an application for renewal of judgment under Section
683.150 of the Code of Civil Procedure.

(5) Issuing a commission to take a deposition in another state
or place under Section 2026.010 of the Code of Civil Procedure,
or issuing a subpoena under Section 2029.300 to take a deposition
in this state for purposes of a proceeding pending in another
jurisdiction.

(6) Filing and entering an award under the Workers’
Compensation Law (Division 4 (commencing with Section 3200)
of the Labor Code).

(7) Filing an affidavit of publication of notice of dissolution of
partnership.

(8) Filing an appeal of a determination whether a dog is
potentially dangerous or vicious under Section 31622 of the Food
and Agricultural Code.

(9) Filing an affidavit under Section 13200 of the Probate Code,
together with the issuance of one certified copy of the affidavit
under Section 13202 of the Probate Code.

(10) Filing and indexing all papers for which a charge is not
elsewhere provided, other than papers filed in actions or special
proceedings, official bonds, or certificates of appointment.

(c) The fee for filing a first petition under Section 2029.600 or
2029.620 of the Code of Civil Procedure, if the petitioner is not a
party to the out-of-state case, is eighty dollars ($80). Amounts
collected shall be distributed to the Trial Court Trust Fund pursuant
to Section 68085.1.

(d) The fee for delivering a will to the clerk of the superior court
in which the estate of a decedent may be administered, as required
by Section 8200 of the Probate Code, is fifty dollars ($50).

(e) An amount equivalent to ten dollars ($10) of each fee
collected pursuant to subdivisions (a) and (b) shall be used by the
Judicial Council for the expenses of the Judicial Council in
implementing and administering the civil representation pilot
program under Section 68651.

begin delete SEC. 13. end delete

begin insert SEC. 14. end insert   

Section 70626 of the Government Code, as amended
by Section 46 of Chapter 41 of the Statutes of 2012, is repealed.

begin delete SEC. 14. end delete

begin insert SEC. 15. end insert   

The Legislature hereby finds and declares all of the
following:

(a) The courts provide various and diverse services to the public
that are necessary for the protection of the fundamental liberties
of our society.

(b) Court services are heavily subsidized by the General Fund.
If the total cost were passed on to the user, it would result in
prohibitively expensive fees for even minor transactions.

(c) Traditionally, funding for many court-administered programs
has been linked to the filing and processing of court documents.

(d) The linking of filing fees and the allocation of amounts
equivalent to specified percentages of those fees to various
programs provides an accounting mechanism, as a way to estimate
how much funding a program will receive and to direct that
funding, and is not intended to be indicative of the actual
distribution of the specific fees or the cost of the actual services
provided, for which General Fund moneys are largely used.

begin delete SEC. 15. end delete

begin insert SEC. 16. end insert   

Section 320.6 of the Penal Code is amended to read:

320.6.  

(a) Notwithstanding Section 320.5, this section shall
apply to an eligible organization, as defined in subdivision (c).

(b) A raffle conducted by an eligible organization, as defined
in subdivision (c), for the purpose of directly supporting beneficial
or charitable purposes or financially supporting another private,
nonprofit eligible organization, as defined in subdivision (c) of
Section 320.5, that performs beneficial or charitable purposes may
be conducted in accordance with this section.

(c) For purposes of this section, “eligible organization” means
a private, nonprofit organization established by, or affiliated with,
a team from the Major League Baseball, National Hockey League,
National Basketball Association, National Football League,
Women’s National Basketball Association, or Major League
Soccer, or a private, nonprofit organization established by the
Professional Golfers’ Association of America, Ladies Professional
Golf Association, or National Association for Stock Car Auto
Racing that has been qualified to conduct business in California
for at least one year before conducting a raffle, is qualified for an
exemption under Section 501(c)(3) of the Internal Revenue Code,
and is exempt from taxation pursuant to Section 23701a, 23701b,
23701d, 23701e, 23701f, 23701g, 23701k, 23701l, 23701t, or
23701w of the Revenue and Taxation Code.

(d) For purposes of this section, “raffle” means a scheme for
the distribution of prizes by chance among persons who have paid
money for paper tickets that provide the opportunity to win these
prizes, in which all of the following are true:

(1) Each ticket sold contains a unique and matching identifier.

(2) (A) Winners of the prizes are determined by a manual draw
from tickets described in paragraph (1) that have been sold for
entry in the manual draw.

(B) An electronic device may be used to sell tickets. The ticket
receipt issued by the electronic device to the purchaser may include
more than one unique and matching identifier, representative of
and matched to the number of tickets purchased in a single
transaction.

(C) A random number generator is not used for the manual draw
or to sell tickets.

(D) The prize paid to the winner is comprised of one-half or 50
percent of the gross receipts generated from the sale of raffle tickets
for a raffle.

(3) The manual draw is conducted in California under the
supervision of a natural person who meets all of the following
requirements:

(A) The person is 18 years of age or older.

(B) The person is affiliated with the eligible organization
conducting the raffle.

(C) The person is registered with the Department of Justice
pursuant to paragraph (4) of subdivision (o).

(4) (A) Fifty percent of the gross receipts generated from the
sale of raffle tickets for any given manual draw are used by the
eligible organization conducting the raffle to benefit or provide
support for beneficial or charitable purposes, or used to benefit
another private, nonprofit organization, provided that an
organization receiving these funds is itself an eligible organization
as defined in subdivision (c) of Section 320.5. As used in this
section, “beneficial purposes” excludes purposes that are intended
to benefit officers, directors, or members, as defined by Section
5056 of the Corporations Code, of the eligible organization. Funds
raised by raffles conducted pursuant to this section shall not be
used to fund any beneficial, charitable, or other purpose outside
of California. This section does not preclude an eligible
organization from using funds from sources other than the sale of
raffle tickets to pay for the administration or other costs of
conducting a raffle.

(B) An employee of an eligible organization who is a direct
seller of raffle tickets shall not be treated as an employee for
purposes of workers’ compensation under Section 3351 of the
Labor Code if the following conditions are satisfied:

(i) Substantially all of the remuneration, whether or not paid in
cash, for the performance of the service of selling raffle tickets is
directly related to sales rather than to the number of hours worked.

(ii) The services performed by the person are performed pursuant
to a written contract between the seller and the eligible organization
and the contract provides that the person will not be treated as an
employee with respect to the selling of raffle tickets for workers’
compensation purposes.

(C) For purposes of this section, an employee selling raffle
tickets shall be deemed to be a direct seller as described in Section
650 of the Unemployment Insurance Code as long as he or she
meets the requirements of that section.

(e) A person who receives compensation in connection with the
operation of the raffle shall be an employee of the eligible
organization that is conducting the raffle, and in no event may
compensation be paid from revenues required to be dedicated to
beneficial or charitable purposes.

(f) A raffle ticket shall not be sold in exchange for Bitcoin or
any other cryptocurrency.

(g) A raffle otherwise permitted under this section shall not be
conducted by means of, or otherwise utilize, any gaming machine
that meets the definition of slot machine contained in Section 330a,
330b, or 330.1.

(h) (1) A raffle otherwise permitted under this section shall not
be conducted, nor may tickets for a raffle be sold, within an
operating satellite wagering facility or racetrack inclosure licensed
pursuant to the Horse Racing Law (Chapter 4 (commencing with
Section 19400) of Division 8 of the Business and Professions Code)
or within a gambling establishment licensed pursuant to the
Gambling Control Act (Chapter 5 (commencing with Section
19800) of Division 8 of the Business and Professions Code).

(2) A raffle shall not be operated or conducted in any manner
over the Internet, nor may raffle tickets be sold, traded, or redeemed
over the Internet. For purposes of this paragraph, an eligible
organization shall not be deemed to operate or conduct a raffle
over the Internet, or sell raffle tickets over the Internet, if the
eligible organization advertises its raffle on the Internet or permits
others to do so. Information that may be conveyed on an Internet
Web site pursuant to this paragraph includes, but is not limited to,
all of the following:

(A) Lists, descriptions, photographs, or videos of the raffle
prizes.

(B) Lists of the prize winners.

(C) The rules of the raffle.

(D) Frequently asked questions and their answers.

(E) Raffle entry forms, which may be downloaded from the
Internet Web site for manual completion by raffle ticket purchasers,
but shall not be submitted to the eligible organization through the
Internet.

(F) Raffle contact information, including the eligible
organization’s name, address, telephone number, facsimile number,
or email address.

(i) An individual, corporation, partnership, or other legal entity
shall not hold a financial interest in the conduct of a raffle, except
the eligible organization that is itself authorized to conduct that
raffle, and any private, nonprofit, eligible organizations receiving
financial support from that charitable organization pursuant to
subdivisions (b) and (d).

(j) (1) An eligible organization may conduct a major league
sports raffle only at a home game.

(2) An eligible organization shall not conduct more than one
major league sports raffle per home game.

(k) An employee shall not sell raffle tickets in any seating area
designated as a family section.

(l) An eligible organization shall disclose to all ticket purchasers
the designated private, nonprofit, eligible organization for which
the raffle is being conducted.

(m) An eligible organization that conducts a raffle to financially
support another private, nonprofit eligible organization, as defined
in subdivision (c) of Section 320.5, shall distribute all proceeds
not paid out to the winners of the prizes to the private, nonprofit
organization within 15 days of conducting the raffle, in accordance
with this section.

(n) Any raffle prize remaining unclaimed by a winner at the end
of the season for a team with an affiliated eligible organization
that conducted a raffle to financially support another private,
nonprofit eligible organization, as defined in subdivision (c) of
Section 320.5, shall be donated within 30 days from the end of the
season by the eligible organization to the designated private,
nonprofit organization for which the raffle was conducted.

(o) (1) (A) An eligible organization shall not conduct a raffle
authorized under this section, unless it has a valid registration
issued by the Department of Justice. The department shall furnish
a registration form via the Internet or upon request to eligible
nonprofit organizations. The department shall, by regulation, collect
only the information necessary to carry out the provisions of this
section on this form. This information shall include, but is not
limited to, the following:

(i) The name and address of the eligible organization.

(ii) The federal tax identification number, the corporate number
issued by the Secretary of State, the organization number issued
by the Franchise Tax Board, or the California charitable trust
identification number of the eligible organization.

(iii) The name and title of a responsible fiduciary of the
organization.

(B) (i) The department may require an eligible organization to
pay a minimum annual registration fee of five thousand dollars
($5,000) to cover the reasonable costs of the department to
administer and enforce this section.

(ii) An eligible organization shall pay, in addition to the annual
registration application fee, one hundred dollars ($100) for every
individual raffle conducted at an eligible location to cover the
reasonable costs of the department to administer and enforce this
section. This fee shall be submitted in conjunction with the annual
registration form.

(2) (A) A manufacturer or distributor of raffle-related products
or services shall not conduct business with an eligible organization
for purposes of conducting a raffle pursuant to this section unless
the manufacturer or distributor has a valid annual registration
issued by the department.

(B) The department may require a manufacturer or distributor
of raffle-related products or services to pay a minimum annual
registration fee of five thousand dollars ($5,000) to cover the
reasonable costs of the department to administer and enforce this
section.

(3) An eligible organization shall register the equipment used
in the sale and distribution of raffle tickets, and shall have the
equipment tested by an independent gaming testing lab.

(4) (A) A person affiliated with an eligible organization who
conducts the manual draw shall annually register with the
department.

(B) The department may require a person affiliated with an
eligible organization who conducts the manual draw to pay a
minimum annual registration fee of ten dollars ($10) to cover the
reasonable costs of the department to administer and enforce this
section.

(5) (A) The department may, by regulation, adjust the annual
registration fees described in this section as needed to ensure that
revenues will fully offset, but not exceed, the reasonable costs
incurred by the department pursuant to this section. The fees shall
be deposited by the department into the Major League Sporting
Event Raffle Fund, which is hereby created in the State Treasury.

(B) A loan is hereby authorized from the General Fund to the
Major League Sporting Event Raffle Fund on or after July 1, 2016,
in an amount of up to one million five thousand dollars
($1,005,000) to address department workload related to the initial
implementation activities relating to this section by the
department’s Indian and Gaming Law Section. The terms and
conditions of the loan shall first be approved by the Department
of Finance pursuant to appropriate fiscal standards. The loan shall
be subject to all of the following conditions:

(i) Of the total amount loaned, no more than three hundred
thirty-five thousand dollars ($335,000) shall be provided annually
to the department.

(ii) The loan shall be repaid to the General Fund as soon as there
is sufficient money in the Major League Sporting Event Raffle
Fund to repay the loan, but no later than December 31, 2018.

(iii) Interest on the loan shall be paid from the Major League
Sporting Event Raffle Fund at the rate accruing to moneys in the
Pooled Money Investment Account.

(6) The department shall receive moneys for the costs incurred
pursuant to this section subject to an appropriation by the
Legislature.

(7) The department shall adopt, on or before June 1, 2016,
regulations necessary to effectuate this section, including
emergency regulations, pursuant to the Administrative Procedure
Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code).

(8) The department shall maintain an automated database of all
registrants.

(9) A local law enforcement agency shall notify the department
of any arrests or investigation that may result in an administrative
or criminal action against a registrant.

(10) The department may investigate all suspected violations
of this section or any regulation adopted pursuant to this section,
or any activity that the registrant has engaged in that is not in the
best interests of the public’s health, safety, or general welfare as
it pertains to charitable raffles.

(11) The department may audit the records and other documents
of a registrant to ensure compliance with this section, and may
charge a registrant the direct costs associated with an audit
conducted pursuant to this paragraph.

(12) (A) Once registered, an eligible organization shall file
annually thereafter with the department a report that includes all
of the following information for each of the eligible organization’s
last three fiscal years:

(i) The aggregate gross receipts from the operation of raffles.

(ii) The aggregate direct costs incurred by the eligible
organization from the operation of raffles.

(iii) The charitable or beneficial purposes for which proceeds
of the raffles were used.

(iv) The aggregate distributions of proceeds from the operation
of raffles made to directly support beneficial or charitable purposes,
other than beneficial or charitable purposes undertaken by the
eligible organization, or eligible recipient organizations, under
subdivision (c) of Section 320.5.

(v) The aggregate distributions of proceeds from the operation
of raffles made to raffle winners.

(vi) The aggregate distributions of proceeds from the operation
of raffles made to any other organizations, or for any other
purposes, other than those included in clauses (ii), (iv), and (v).

(vii) A schedule of distributions of proceeds from the operation
of raffles, by individual raffle, made to eligible recipient
organizations under subdivision (c) of Section 320.5 that are not
affiliated with the eligible organization.

(viii) A schedule of distributions of proceeds from the operation
of raffles, by individual raffle, made to eligible recipient
organizations under subdivision (c) of Section 320.5 that are
affiliated with the eligible organization.

(ix) A schedule of distributions of proceeds from the operation
of raffles, by individual raffle, made to any other organization not
included under clause (vii) or (viii), or for beneficial or charitable
purposes undertaken by the eligible organization.

(x) The aggregate gross receipts from activities other than the
operation of raffles.

(xi) The aggregate costs incurred by the eligible organization
from activities other than the operation of raffles.

(xii) The aggregate distributions of funds other than proceeds
from the operation of raffles made to directly support beneficial
or charitable purposes or eligible recipient organizations under
subdivision (c) of Section 320.5.

(xiii) The aggregate distributions of funds other than proceeds
from the operation of raffles for purposes other than those listed
in clauses (xi) and (xii).

(xiv) A schedule of distributions of funds other than proceeds
from the operation of raffles made to eligible recipient
organizations under subdivision (c) of Section 320.5 that are not
affiliated with the eligible organization.

(xv) A schedule of distributions of funds other than proceeds
from the operation of raffles made to any other organization not
included under clause (xiv), or for beneficial or charitable purposes
undertaken by the eligible organization.

(B) Failure to submit the annual report to the department as
required in this paragraph shall be grounds for denial of an annual
registration.

(C) The department shall make the reports required by this
paragraph available to the public via the online search portal of
the Attorney General’s Registry of Charitable Trusts maintained
pursuant to Section 12584 of the Government Code.

(13) The department shall annually furnish to registrants a form
to collect this information.

(p) The department may take legal action against a registrant if
it determines that the registrant has violated this section or a
regulation adopted pursuant to this section, or that the registrant
has engaged in any conduct that is not in the best interests of the
public’s health, safety, or general welfare. An action taken pursuant
to this subdivision does not prohibit the commencement of an
administrative or criminal action by the Attorney General, a district
attorney, city attorney, or county counsel.

(q) An action and hearing conducted to deny, revoke, or suspend
a registry, or other administrative action taken against a registrant,
shall be conducted pursuant to the Administrative Procedure Act
(Chapters 4.5 (commencing with Section 11400) and 5
(commencing with Section 11500) of Part 1 of Division 3 of Title
2 of the Government Code). The department may seek civil
remedies, including imposing fines, for violations of this section,
and may seek recovery of the costs incurred in investigating or
prosecuting an action against a registrant or applicant in accordance
with those procedures specified in Section 125.3 of the Business
and Professions Code. A proceeding conducted under this
subdivision is subject to judicial review pursuant to Section 1094.5
of the Code of Civil Procedure. A violation of this section shall
not constitute a crime.

(r) This section shall remain in effect only until December 31,
2018, and as of that date is repealed, unless a later enacted statute,
that is enacted before December 31, 2018, deletes or extends that
date.

begin delete SEC. 16. end delete

begin insert SEC. 17. end insert   

Chapter 2.92 (commencing with Section 1001.85) is
added to Title 6 of Part 2 of the Penal Code, to read:

 

Chapter  2.92. Law Enforcement Assisted Diversion
(LEAD) Pilot Program

 

1001.85.  

(a) The Law Enforcement Assisted Diversion (LEAD)
pilot program is hereby established. The purpose of the LEAD
program is to improve public safety and reduce recidivism by
increasing the availability and use of social service resources while
reducing costs to law enforcement agencies and courts stemming
from repeated incarceration.

(b) LEAD pilot programs shall be consistent with the following
principles, implemented to address and reflect the priorities of the
community in which the program exists:

(1) Providing intensive case management services and an
individually tailored intervention plan that acts as a blueprint for
assisting LEAD participants.

(2) Prioritizing temporary and permanent housing that includes
individualized supportive services, without preconditions of drug
or alcohol treatment or abstinence from drugs or alcohol.

(3) Employing human and social service resources in
coordination with law enforcement in a manner that improves
individual outcomes and community safety, and promotes
community wellness.

(4) Participation in LEAD services shall be voluntary throughout
the duration of the program and shall not require abstinence from
drug or alcohol use as a condition of continued participation.

1001.86.  

(a) The LEAD program shall be administered by the
Board of State and Community Corrections.

(b) The board shall award grants, on a competitive basis, to up
to three jurisdictions as authorized by this chapter. The board shall
establish minimum standards, funding schedules, and procedures
for awarding grants, which shall take into consideration, but not
be limited to, all of the following:

(1) Information from the applicant demonstrating a clear
understanding of the program’s purpose and the applicant’s
willingness and ability to implement the LEAD program as
described in this chapter.

(2) Key local partners who would be committed to, and involved
in, the development and successful implementation of a LEAD
program, including, but not limited to, balanced representation
from law enforcement agencies, prosecutorial agencies, public
defenders and defense counsel, public health and social services
agencies, case management service providers, and any other entities
identified by the applicant as integral to the successful
implementation of a LEAD program in the jurisdiction.

(3) The jurisdiction’s capacity and commitment to coordinate
social services, law enforcement efforts, and justice system
decisionmaking processes, and to work to ensure that the
discretionary decisions made by each participant in the
administration of the program operates in a manner consistent with
the purposes of this chapter.

(c) Successful grant applicants shall collect and maintain data
pertaining to the effectiveness of the program as indicated by the
board in the request for proposals.

1001.87.  

(a) LEAD programs funded pursuant to this chapter
shall consist of a strategy of effective intervention for eligible
participants consistent with the following gateways to services:

(1) Prebooking referral. As an alternative to arrest, a law
enforcement officer may take or refer a person for whom the officer
has probable cause for arrest for any of the offenses in subdivision
(b) to a case manager to be screened for immediate crisis services
and to schedule a complete assessment intake interview.
Participation in LEAD diversion shall be voluntary, and the person
may decline to participate in the program at any time. Criminal
charges based on the conduct for which a person is diverted to
LEAD shall not be filed, provided that the person finishes the
complete assessment intake interview within a period set by the
local jurisdictional partners, but not to exceed 30 days after the
referral.

(2) Social contact referral. A law enforcement officer may refer
an individual to LEAD whom he or she believes is at high risk of
arrest in the future for any of the crimes specified in subdivision
(b), provided that the individual meets the criteria specified in this
paragraph and expresses interest in voluntarily participating in the
program. LEAD may accept these referrals if the program has
capacity after responding to prebooking diversion referrals
described in paragraph (1). All social contact referrals to LEAD
shall meet the following criteria:

(A) Verification by law enforcement that the individual has had
prior involvement with low-level drug activity or prostitution.
Verification shall consist of any of the following:

(i) Criminal history records, including, but not limited to, prior
police reports, arrests, jail bookings, criminal charges, or
convictions indicating that he or she was engaged in low-level
drug or prostitution activity.

(ii) Law enforcement has directly observed the individual’s
low-level drug or prostitution activity on prior occasions.

(iii) Law enforcement has a reliable basis of information to
believe that the individual is engaged in low-level drug or
prostitution activity, including, but not limited to, information
provided by another first responder, a professional, or a credible
community member.

(B) The individual’s prior involvement with low-level drug or
prostitution activity occurred within the LEAD pilot program area.

(C) The individual’s prior involvement with low-level drug or
prostitution activity occurred within 24 months of the date of
referral.

(D) The individual does not have a pending case in drug court
or mental health court.

(E) The individual is not prohibited, by means of an existing
no-contact order, temporary restraining order, or antiharassment
order, from making contact with a current LEAD participant.

(b) The following offenses are eligible for either prebooking
diversion, social contact referral, or both:

(1) Possession for sale or transfer of a controlled substance or
other prohibited substance where the circumstances indicate that
the sale or transfer is intended to provide a subsistence living or
to allow the person to obtain or afford drugs for his or her own
consumption.

(2) Sale or transfer of a controlled substance or other prohibited
substance where the circumstances indicate that the sale or transfer
is intended to provide a subsistence living or to allow the person
to obtain or afford drugs for his or her own consumption.

(3) Possession of a controlled substance or other prohibited
substance.

(4) Being under the influence of a controlled substance or other
prohibited substance.

(5) Being under the influence of alcohol and a controlled
substance or other prohibited substance.

(6) Prostitution pursuant to subdivision (b) of Section 647.

1001.88.  

(a) Services provided pursuant to this chapter may
include, but are not limited to, case management, housing, medical
care, mental health care, treatment for alcohol or substance use
disorders, nutritional counseling and treatment, psychological
counseling, employment, employment training and education, civil
legal services, and system navigation. Grant funding may be used
to support any of the following:

(1) Project management and community engagement.

(2) Temporary services and treatment necessary to stabilize a
participant’s condition, including necessary housing.

(3) Outreach and direct service costs for services described in
this section.

(4) Civil legal services for LEAD participants.

(5) Dedicated prosecutorial resources, including for coordinating
any nondiverted criminal cases of LEAD participants.

(6) Dedicated law enforcement resources, including for overtime
required for participation in operational meetings and training.

(7) Training and technical assistance from experts in the
implementation of LEAD in other jurisdictions.

(8) Collecting and maintaining the data necessary for program
evaluation.

(b) (1) The board shall contract with a nonprofit research entity,
university, or college to evaluate the effectiveness of the LEAD
program. The evaluation design shall include measures to assess
the cost-benefit outcomes of LEAD programs compared to booking
and prosecution, and may include evaluation elements such as
comparing outcomes for LEAD participants to similarly situated
offenders who are arrested and booked, the number of jail
bookings, total number of jail days, the prison incarceration rate,
subsequent felony and misdemeanor arrests or convictions, and
costs to the criminal justice and court systems. Savings will be
compared to costs of LEAD participation. By January 1, 2020, a
report of the findings shall be submitted to the Governor and the
Legislature pursuant to Section 9795 of the Government Code.

(2) The requirement for submitting a report pursuant to this
subdivision is inoperative on January 1, 2024, pursuant to Section
10231.5 of the Government Code.

(c) The board may contract with experts in the implementation
of LEAD in other jurisdictions for the purpose of providing
technical assistance to participating jurisdictions.

(d) The sum of fifteen million dollars ($15,000,000) is hereby
appropriated from the General Fund for the LEAD pilot program
authorized in this chapter. The board may spend up to five hundred
fifty thousand dollars ($550,000) of the amount appropriated in
this subdivision for the contracts authorized in subdivisions (b)
and (c).

begin delete SEC. 17. end delete

begin insert SEC. 18. end insert   

Section 2694.5 is added to the Penal Code, to read:

2694.5.  

(a) The Department of Corrections and Rehabilitation,
under the oversight of the Undersecretary of Health Care Services,
shall establish a three-year pilot program at one or more institutions
that will provide a medically assisted substance use disorder
treatment model for treatment of inmates with a history of
substance use problems. The program shall offer a continuum of
evidenced-based care that is designed to meet the needs of the
persons being served and that is appropriate for a correctional
setting. In establishing the program, the department shall consider
all of the following:

(1) Access to services during an inmate’s enrollment in the pilot
program.

(2) Access to subacute detoxification and medical detoxification,
as necessary.

(3) Comprehensive pretreatment and posttreatment assessments.

(4) Ongoing evaluation of an inmate’s program needs and
progress at least every 90 days, and appropriate adjustment of
treatment based on that evaluation.

(5) Services provided by professionals for whom substance use
disorder treatment is within the scope of their practice.

(6) Referrals for medically assisted care and prescription of
medication-assisted treatment.

(7) Provision of behavioral health services, including the
capacity to treat cooccurring mental illness.

(8) Access to medication-assisted treatment throughout the
period of incarceration up to and including immediately prior to
release.

(9) Linkages to community-based treatment upon parole.

(b) (1) The department shall report to the fiscal and appropriate
policy committees of the Legislature on March 1, 2017, and each
March 1 thereafter during the tenure of the pilot project. The report
shall include all of the following elements:

(A) The planned inmate capacity of the program.

(B) The number of persons enrolled in the program.

(C) The number of persons who leave the treatment program
against medical advice and the number of persons who are
discharged from the program prior to achieving their treatment
goals.

(D) The percentage of participants with negative urine
toxicology screens for illicit substances during treatment and
post-treatment while incarcerated.

(E) The number of persons who are successfully linked to
postrelease treatment.

(2) (A) The requirement for submitting a report imposed under
this subdivision is inoperative on March 1, 2025, pursuant to
Section 10231.5 of the Government Code.

(B) A report to be submitted pursuant to this subdivision shall
be submitted in compliance with Section 9795 of the Government
Code.

begin delete SEC. 18. end delete

begin insert SEC. 19. end insert   

Section 2910 of the Penal Code, as amended by
Section 13 of Chapter 310 of the Statutes of 2013, is amended to
read:

2910.  

(a) The Secretary of the Department of Corrections and
Rehabilitation may enter into an agreement with a city, county, or
city and county to permit transfer of prisoners in the custody of
the secretary to a jail or other adult correctional facility of the city,
county, or city and county, if the sheriff or corresponding official
having jurisdiction over the facility has consented thereto. The
agreement shall provide for contributions to the city, county, or
city and county toward payment of costs incurred with reference
to such transferred prisoners.

(b) For purposes of this section, a transfer of prisoners under
subdivision (a) may include inmates who have been sentenced to
the department but remain housed in a county jail. These prisoners
shall be under the sole legal custody and jurisdiction of the sheriff
or corresponding official having jurisdiction over the facility and
shall not be under the legal custody or jurisdiction of the
Department of Corrections and Rehabilitation.

(c) Notwithstanding any other law, for purposes of entering into
agreements under subdivision (a), any process, regulation,
requirement, including any state governmental reviews or
approvals, or third-party approval that is required under, or
implemented pursuant to, any statute that relates to entering into
those agreements is hereby waived.

(d) When an agreement entered into pursuant to subdivision (a)
or (c) is in effect with respect to a particular local facility, the
secretary may transfer prisoners whose terms of imprisonment
have been fixed and parole violators to the facility.

(e) Prisoners so transferred to a local facility may, with notice
to the secretary, participate in programs of the facility, including,
but not limited to, work furlough rehabilitation programs.

(f) The secretary, to the extent possible, shall select city, county,
or city and county facilities in areas where medical, food, and other
support services are available from nearby existing prison facilities.

(g) The secretary, with the approval of the Department of
General Services, may enter into an agreement to lease state
property for a period not in excess of 20 years to be used as the
site for a facility operated by a city, county, or city and county
authorized by this section.

(h) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

begin delete SEC. 19. end delete

begin insert SEC. 20. end insert   

Section 2910 of the Penal Code, as added by Section
14 of Chapter 310 of the Statutes of 2013, is amended to read:

2910.  

(a) The Secretary of the Department of Corrections and
Rehabilitation may enter into an agreement with a city, county, or
city and county to permit transfer of prisoners in the custody of
the secretary to a jail or other adult correctional facility of the city,
county, or city and county, if the sheriff or corresponding official
having jurisdiction over the facility has consented thereto. The
agreement shall provide for contributions to the city, county, or
city and county toward payment of costs incurred with reference
to such transferred prisoners.

(b) When an agreement entered into pursuant to subdivision (a)
is in effect with respect to a particular local facility, the secretary
may transfer prisoners whose terms of imprisonment have been
fixed and parole violators to the facility.

(c) Prisoners so transferred to a local facility may, with approval
of the secretary, participate in programs of the facility, including,
but not limited to, work furlough rehabilitation programs.

(d) Prisoners transferred to such facilities are subject to the rules
and regulations of the facility in which they are confined, but
remain under the legal custody of the Department of Corrections
and Rehabilitation and shall be subject at any time, pursuant to the
rules and regulations of the secretary, to be detained in the county
jail upon the exercise of a state parole or correctional officer’s
peace officer powers, as specified in Section 830.5, with the
consent of the sheriff or corresponding official having jurisdiction
over the facility.

(e) The secretary, to the extent possible, shall select city, county,
or city and county facilities in areas where medical, food, and other
support services are available from nearby existing prison facilities.

(f) The secretary, with the approval of the Department of
General Services, may enter into an agreement to lease state
property for a period not in excess of 20 years to be used as the
site for a facility operated by a city, county, or city and county
authorized by this section.

(g) An agreement shall not be entered into under this section
unless the cost per inmate in the facility is no greater than the
average costs of keeping an inmate in a comparable facility of the
department, as determined by the secretary.

(h) This section shall become operative on January 1, 2020.

begin delete SEC. 20. end delete

begin insert SEC. 21. end insert   

Section 2915 of the Penal Code is amended to read:

2915.  

(a) The Secretary of the Department of Corrections and
Rehabilitation may enter into one or more agreements to obtain
secure housing capacity within the state. These agreements may
be entered into with private entities and may be in the form of a
lease or an operating agreement. The secretary may procure and
enter these agreements on terms and conditions he or she deems
necessary and appropriate. Notwithstanding any other law, any
process, regulation, requirement, including any state governmental
reviews or approvals, or third-party approval that is required under
statutes that relate to the procurement and implementation of those
agreements is hereby waived, however, no agreement shall contain
terms, either directly or indirectly, that involve the repayment of
any debt issuance or other financing and, consistent with state law,
shall provide that payment of that agreement is subject to
appropriation.

(b) The Secretary of the Department of Corrections and
Rehabilitation may enter into one or more agreements to obtain
secure housing capacity in another state. These agreements may
be entered into with private entities and may be in the form of an
operating agreement or other contract. The secretary may procure
and enter these agreements on terms and conditions he or she
deems necessary and appropriate. Notwithstanding any other law,
any process, regulation, requirement, including any state
governmental reviews or approvals, or third-party approval that
is required under statutes that relate to the procurement and
implementation of those agreements is hereby waived, however,
no agreement shall contain terms, either directly or indirectly, that
involve the repayment of any debt issuance or other financing and,
consistent with state law, shall provide that payment of that
agreement is subject to appropriation. This subdivision does not
authorize the department to operate a facility out of state.

(c) The provisions of Division 13 (commencing with Section
21000) of the Public Resources Code do not apply to this section.

(d) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

begin delete SEC. 21. end delete

begin insert SEC. 22. end insert   

Section 5027 is added to the Penal Code, to read:

5027.  

(a) Upon appropriation by the Legislature in the annual
Budget Act, the Department of Corrections and Rehabilitation
shall award funding for an innovative grant program to
not-for-profit organizations to replicate their programs at
institutions that the Director of the Division of Rehabilitative
Programs has determined are underserved by volunteer and
not-for-profit organizations. The director shall develop a formula
for identifying target institutions based upon factors including, but
not limited to, number of volunteers, number of inmates, number
of volunteer-based programs, and the size of waiting lists for
inmates wanting to participate in programs.

(b) Grant funding shall be provided to not-for-profit
organizations wishing to expand programs that they are currently
providing in other California state prisons that have demonstrated
success and focus on offender responsibility and restorative justice
principles. The grants shall be awarded for a three-year period and
are designed to be one time in nature. The grants shall go to
programs that demonstrate that they will become self-sufficient
or will be funded in the long term by donations or another source
of ongoing funding. All funding shall go directly to the
not-for-profit organizations and shall not be used for custody staff
or administration of the grant. Any unspent funds shall revert to
the fund source authorized for this purpose at the end of three
years.

(c) On or before January 1 of each year, the department shall
report to the budget committees and public safety committees in
both houses of the Legislature on the following information from
the previous fiscal year’s grants:

(1) The number of grants provided.

(2) The institutions receiving grants.

(3) A description of each program and level of funding provided,
organized by institution.

(4) The start date of each program.

(5) Any feedback from inmates participating in the programs
on the value of the programs.

(6) Any feedback from the program providers on their
experience with each institution.

(7) The number of participants participating in each program.

(8) The number of participants completing each program.

(9) Waiting lists, if any, for each program.

begin delete SEC. 22. end delete

begin insert SEC. 23. end insert   

Section 5032 of the Penal Code is repealed.

begin delete SEC. 23. end delete

begin insert SEC. 24. end insert   

Section 5075 of the Penal Code is amended to read:

5075.  

(a)  Commencing July 1, 2005, there is hereby created
the Board of Parole Hearings. As of July 1, 2005, any reference
to the Board of Prison Terms in this or any other code refers to the
Board of Parole Hearings. As of that date, the Board of Prison
Terms is abolished.

(b) The Governor shall appoint 14 commissioners, subject to
Senate confirmation, pursuant to this section. These commissioners
shall be appointed and trained to hear only adult matters. The terms
of the commissioners shall expire as follows: eight on July 1, 2007,
and nine on July 1, 2008. Successor commissioners shall hold
office for terms of three years, each term to commence on the
expiration date of the predecessor. Any appointment to a vacancy
that occurs for any reason other than expiration of the term shall
be for the remainder of the unexpired term. Commissioners are
eligible for reappointment. The selection of persons and their
appointment by the Governor and confirmation by the Senate shall
reflect as nearly as possible a cross section of the racial, sexual,
economic, and geographic features of the population of the state.

(c) The chair of the board shall be designated by the Governor
periodically. The Governor may appoint an executive officer of
the board, subject to Senate confirmation, who shall hold office
at the pleasure of the Governor. The executive officer shall be the
administrative head of the board and shall exercise all duties and
functions necessary to insure that the responsibilities of the board
are successfully discharged. The secretary shall be the appointing
authority for all civil service positions of employment with the
board.

(d) Each commissioner shall participate in hearings on each
workday, except when it is necessary for a commissioner to attend
training, en banc hearings or full board meetings, or other
administrative business requiring the participation of the
commissioner. For purposes of this subdivision, these hearings
shall include parole consideration hearings, parole rescission
hearings, and parole progress hearings.

begin delete SEC. 24. end delete

begin insert SEC. 25. end insert   

Section 5075.1 of the Penal Code is amended to read:

5075.1.  

The Board of Parole Hearings shall do all of the
following:

(a) Conduct parole consideration hearings, parole rescission
hearings, and parole progress hearings for adults under the
jurisdiction of the department.

(b) Conduct mentally disordered offender hearings.

(c) Conduct sexually violent predator hearings.

(d) Review inmates’ requests for reconsideration of denial of
good-time credit and setting of parole length or conditions, pursuant
to Section 5077.

(e) Determine revocation of parole for adult offenders under
the jurisdiction of the Division of Adult Parole Operations, pursuant
to Section 5077.

(f) Conduct studies pursuant to Section 3150 of the Welfare and
Institutions Code.

(g) Investigate and report on all applications for reprieves,
pardons, and commutation of sentence, as provided in Title 6
(commencing with Section 4800) of Part 3.

(h) Exercise other powers and duties as prescribed by law.

(i) Effective January 1, 2007, all commissioners appointed and
trained to hear juvenile parole matters, together with their duties
prescribed by law as functions of the Board of Parole Hearings
concerning wards under the jurisdiction of the Department of
Corrections and Rehabilitation, are transferred to the Director of
the Division of Juvenile Justice. All applicable regulations in effect
at the time of transfer shall be deemed to apply to those
commissioners until new regulations are adopted.

begin delete SEC. 25. end delete

begin insert SEC. 26. end insert   

Section 5075.6 of the Penal Code is amended to read:

5075.6.  

(a) Commissioners and deputy commissioners hearing
matters concerning adults under the jurisdiction of the Department
of Corrections and Rehabilitation shall have a broad background
in criminal justice and an ability for appraisal of adult offenders,
the crimes for which those persons are committed, and the
evaluation of an individual’s progress toward reformation. Insofar
as practicable, commissioners and deputy commissioners shall
have a varied interest in adult correction work, public safety, and
shall have experience or education in the fields of corrections,
sociology, law, law enforcement, medicine, mental health, or
education.

(b) All commissioners and deputy commissioners who conduct
hearings for the purpose of considering the parole suitability of
inmates, the setting of a parole release date for inmates, or the
revocation of parole for adult parolees, shall, within 60 days of
appointment and annually thereafter undergo a minimum of 40
hours of training in the following areas:

(1) Treatment and training programs provided to inmates at
Department of Corrections and Rehabilitation institutions,
including, but not limited to, educational, vocational, mental health,
medical, substance abuse, psychotherapeutic counseling, and sex
offender treatment programs.

(2) Parole services.

(3) Commissioner duties and responsibilities.

(4) Knowledge of laws and regulations applicable to conducting
parole hearings, including the rights of victims, witnesses, and
inmates.

begin delete SEC. 26. end delete

begin insert SEC. 27. end insert   

Section 5076.1 of the Penal Code is amended to read:

5076.1.  

(a) The board shall meet at each of the state prisons
and facilities under the jurisdiction of the Division of Adult
Institutions. Meetings shall be held at whatever times may be
necessary for a full and complete study of the cases of all inmates
whose matters are considered. Other times and places of meeting
may also be designated by the board. Each commissioner of the
board shall receive his or her actual necessary traveling expenses
incurred in the performance of his or her official duties. Where
the board performs its functions by meeting en banc in either public
or executive sessions to decide matters of general policy, at least
seven members shall be present, and no action shall be valid unless
it is concurred in by a majority vote of those present.

(b) The board may use deputy commissioners to whom it may
assign appropriate duties, including hearing cases and making
decisions. Those decisions shall be made in accordance with
policies approved by a majority of the total membership of the
board.

(c) The board may meet and transact business in panels. Each
panel shall consist of two or more persons, subject to subdivision
(d) of Section 3041. No action shall be valid unless concurred in
by a majority vote of the persons present. In the event of a tie vote,
the matter shall be referred to a randomly selected committee,
comprised of a majority of the commissioners specifically
appointed to hear adult parole matters and who are holding office
at the time.

(d) Consideration of parole release for persons sentenced to life
imprisonment pursuant to subdivision (b) of Section 1168 shall
be heard by a panel of two or more commissioners or deputy
commissioners, of which only one may be a deputy commissioner.
A recommendation for recall of a sentence under subdivisions (d)
and (e) of Section 1170 shall be made by a panel, a majority of
whose commissioners are commissioners of the Board of Parole
Hearings.

begin delete SEC. 27. end delete

begin insert SEC. 28. end insert   

Section 6025.1 of the Penal Code is amended to read:

6025.1.  

(a) Members of the board, with the exception of the
Chair of the Board of State and Community Corrections, shall
receive no compensation, but shall be reimbursed for their actual
and necessary travel expenses incurred in the performance of their
duties. For purposes of compensation, attendance at meetings of
the board shall be deemed performance by a member of the duties
of his or her state or local governmental employment.

(b) For the purposes of Section 1090 of the Government Code,
members of a committee created by the board pursuant to Section
6046.3 or a committee created with the primary purpose of
administering grant funding from the Edward Byrne Memorial
Justice Assistance Grant Program (42 U.S.C. Sec. 3751(a)),
including a member of the board in his or her capacity as a member
of a committee created by the board, have no financial interest in
any contract made by the board, including a grant or bond financing
transaction, based upon the receipt of compensation for holding
public office or public employment.

(c) The Chair of the Board of State and Community Corrections
shall serve full time. The Department of Human Resources shall
fix the compensation of the Chair of the Board of State and
Community Corrections.

(d) The amendments to this section by the act that added this
subdivision are effective for grant awards made by the board on
or after July 1, 2016.

begin delete SEC. 28. end delete

begin insert SEC. 29. end insert   

Section 6250.2 of the Penal Code is amended to read:

6250.2.  

(a) The Secretary of the Department of Corrections
and Rehabilitation may enter into agreements for the transfer of
prisoners to, or placement of prisoners in, community correctional
centers. The secretary may enter into contracts to provide housing,
sustenance, and supervision for inmates placed in community
correctional centers.

(b) Notwithstanding any other law, for the purposes of entering
into agreements under subdivision (a), any process, regulation,
requirement, including any state government reviews or approvals,
or third-party approval that is required under, or implemented
pursuant to, any statute that relates to entering into those
agreements is hereby waived.

(c) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

begin delete SEC. 29. end delete

begin insert SEC. 30. end insert   

Section 6258.1 of the Penal Code is amended to read:

6258.1.  

An inmate shall not be transferred to a community
correctional reentry facility unless all of the following conditions
are met:

(a) The inmate applies for a transfer to a community correctional
reentry facility.

(b) The inmate is not currently serving a sentence for conviction
of any offense described in subdivision (c) of Section 667.5.

(c) The inmate has less than one year left to serve in a
correctional facility.

(d) The inmate has not been convicted previously of an escape
pursuant to Section 4532 of the Penal Code.

(e) The department determines that the inmate would benefit
from the transfer.

begin delete SEC. 30. end delete

begin insert SEC. 31. end insert   

Section 6402 of the Penal Code is amended to read:

6402.  

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

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

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

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

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

(e) All visitors attempting to enter a CDCR detention facility
who refuse to be searched by a passive alert dog shall be informed
of options, including, but not limited to, the availability of a
noncontact visit.

(f) All individuals attempting to enter a CDCR detention facility,
who have a positive alert for contraband by an electronic drug
detection device, a passive alert dog, or other technology, shall be
informed of further potential search or visitation options.

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

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

(i) In determining which additional search options to offer
visitors and staff, CDCR shall consider the use of full-body
scanners.

(j) CDCR shall conduct an evaluation of a policy described in
this section and provide an interim report to the Legislature by
June 30, 2016, and a final report to the Legislature on April 30,
2017. This evaluation shall include, but not be limited to, the
impact of the policy on:

(1) The amount of contraband, including drugs and cellular
phones, found in the prisons where the policy was implemented.

(2) The number of staff assaults that occurred in the prisons
where the policy was implemented.

(3) The number of serious rules violation reports issued in
prisons where the policy was implemented, including any reduction
in offender violence.

(4) The rates of drug use by inmates in the prisons where the
policy was implemented.

(k) (1) The requirement for submitting a report imposed under
subdivision (j) is inoperative on June 30, 2020, pursuant to Section
10231.5 of the Government Code.

(2) The reports to be submitted pursuant to subdivision (j) shall
be submitted in compliance with Section 9795 of the Government
Code.

begin delete SEC. 31. end delete

begin insert SEC. 32. end insert   

Section 6404 is added to the Penal Code, to read:

6404.  

Inmates shall not be prohibited from family visits based
solely on the fact that the inmate was sentenced to life without the
possibility of parole or was sentenced to life and is without a parole
date established by the Board of Parole Hearings.

begin delete SEC. 32. end delete

begin insert SEC. 33. end insert   

Section 11191 of the Penal Code, as amended by
Section 17 of Chapter 310 of the Statutes of 2013, is amended to
read:

11191.  

(a) Any court or other agency or officer of this state
having power to commit or transfer an inmate, as defined in Article
II (d) of the Interstate Corrections Compact or of the Western
Interstate Corrections Compact, to any institution for confinement
may commit or transfer that inmate to any institution within or
without this state if this state has entered into a contract or contracts
for the confinement of inmates in that institution pursuant to Article
III of the Interstate Corrections Compact or of the Western
Interstate Corrections Compact.

(b) An inmate sentenced under California law shall not be
committed or transferred to an institution outside of this state,
unless he or she has executed a written consent to the transfer. The
inmate shall have the right to a private consultation with an attorney
of his choice, or with a public defender if the inmate cannot afford
counsel, concerning his rights and obligations under this section,
and shall be informed of those rights prior to executing the written
consent. At any time more than five years after the transfer, the
inmate shall be entitled to revoke his consent and to transfer to an
institution in this state. In such cases, the transfer shall occur within
the next 30 days.

(c) Notwithstanding the requirements in this section or Section
11194, the secretary may transfer an inmate to a facility in another
state without the consent of the inmate.

(d) Inmates who volunteer by submitting a request to transfer
and are otherwise eligible shall receive first priority under this
section.

(e) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

begin delete SEC. 33. end delete

begin insert SEC. 34. end insert   

Section 11191 of the Penal Code, as added by Section
18 of Chapter 310 of the Statutes of 2013, is amended to read:

11191.  

(a) Any court or other agency or officer of this state
having power to commit or transfer an inmate, as defined in Article
II(d) of the Interstate Corrections Compact or of the Western
Interstate Corrections Compact, to any institution for confinement
may commit or transfer that inmate to any institution within or
outside of this state if this state has entered into a contract or
contracts for the confinement of inmates in that institution pursuant
to Article III of the Interstate Corrections Compact or of the
Western Interstate Corrections Compact.

(b) No inmate sentenced under California law may be committed
or transferred to an institution outside of this state, unless he or
she has executed a written consent to the transfer. The inmate shall
have the right to a private consultation with an attorney of his
choice, or with a public defender if the inmate cannot afford
counsel, concerning his rights and obligations under this section,
and shall be informed of those rights prior to executing the written
consent. At any time more than five years after the transfer, the
inmate shall be entitled to revoke his consent and to transfer to an
institution in this state. In such cases, the transfer shall occur within
the next 30 days.

(c) This section shall become operative on January 1, 2020.

begin delete SEC. 34. end delete

begin insert SEC. 35. end insert   

Section 13501 of the Penal Code is amended to read:

13501.  

The Governor shall designate the chair of the
commission from among the members of the commission. The
person designated as the chair shall serve at the pleasure of the
Governor. The commission shall annually select a vice chair from
among its members. A majority of the members of the commission
shall constitute a quorum.

begin delete SEC. 35. end delete

begin insert SEC. 36. end insert   

Section 13601 of the Penal Code is amended to read:

13601.  

(a) (1) The CPOST shall develop, approve, and
monitor standards for the selection and training of state correctional
peace officer apprentices.

(2) Any standard for selection established under this subdivision
shall be subject to approval by the Department of Human
Resources. Using the psychological and screening standards
approved by the Department of Human Resources, the Department
of Human Resources or the Department of Corrections and
Rehabilitation shall ensure that, prior to training, each applicant
who has otherwise qualified in all physical and other testing
requirements to be a peace officer the Department of Corrections
and Rehabilitation, is determined to be free from emotional or
mental conditions that might adversely affect the exercise of his
or her duties and powers as a peace officer pursuant to the standards
developed by CPOST.

(3) When developing, approving, and monitoring the standards
for training of state correctional peace officer apprentices, the
CPOST shall consider including additional training in the areas of
mental health and rehabilitation, as well as coursework on the
theory and history of corrections.

(b) The CPOST may approve standards for a course in the
carrying and use of firearms for correctional peace officers that is
different from that prescribed pursuant to Section 832. The
standards shall take into consideration the different circumstances
presented within the institutional setting from that presented to
other law enforcement agencies outside the correctional setting.

(c) Notwithstanding Section 3078 of the Labor Code, the length
of the probationary period for correctional peace officer apprentices
shall be determined by the CPOST subject to approval by the State
Personnel Board, pursuant to Section 19170 of the Government
Code.

(d) The CPOST shall develop, approve, and monitor standards
for advanced rank-and-file and supervisory state correctional peace
officer and training programs for the Department of Corrections
and Rehabilitation. When a correctional peace officer is promoted
within the department, he or she shall be provided with and be
required to complete these secondary training experiences.

(e) The CPOST shall develop, approve, and monitor standards
for the training of state correctional peace officers in the department
in the handling of stress associated with their duties.

(f) Toward the accomplishment of the objectives of this section,
the CPOST may confer with, and may avail itself of the assistance
and recommendations of, other state and local agencies, boards,
or commissions.

(g) Notwithstanding the authority of the CPOST, the department
shall design and deliver training programs, shall conduct validation
studies, and shall provide program support. The CPOST shall
monitor program compliance by the department.

(h) The CPOST may disapprove any training courses created
by the department pursuant to the standards developed by CPOST
if it determines that the courses do not meet the prescribed
standards. Training may continue with existing curriculum pending
resolution.

(i) The CPOST shall annually submit an estimate of costs to
conduct those inquiries and audits as may be necessary to determine
whether the department and each of its institutions and parole
regions are adhering to the standards developed by the CPOST,
and shall conduct those inquiries and audits consistent with the
annual Budget Act.

(j) The CPOST shall establish and implement procedures for
reviewing and issuing decisions concerning complaints or
recommendations from interested parties regarding the CPOST
rules, regulations, standards, or decisions.

begin delete SEC. 36. end delete

begin insert SEC. 37. end insert   

Section 23690 of the Penal Code is amended to read:

23690.  

(a) (1) The Department of Justice may require each
dealer to charge each firearm purchaser or transferee a fee not to
exceed one dollar ($1) for each firearm transaction, except that
the Department of Justice may increase the fee at a rate not to
exceed any increase in the California Consumer Price Index, as
compiled and reported by the Department of Industrial Relations,
and not to exceed the reasonable cost of regulation to the
Department of Justice.

(2) The fee shall be for the purpose of supporting department
program costs related to this act, including the establishment,
maintenance, and upgrading of related database systems and public
rosters.

(b) (1) There is hereby created within the General Fund the
Firearm Safety Account.

(2) Revenue from the fee imposed by subdivision (a) shall be
deposited into the Firearm Safety Account and shall be available
for expenditure by the Department of Justice upon appropriation
by the Legislature.

(3) Expenditures from the Firearm Safety Account shall be
limited to program expenditures as defined by subdivision (a).

begin delete SEC. 37. end delete

begin insert SEC. 38. end insert   

Section 28300 of the Penal Code is amended to read:

28300.  

(a) The Firearms Safety and Enforcement Special Fund
is hereby established in the State Treasury and shall be
administered by the Department of Justice.

(b) The Department of Justice may require firearms dealers to
charge each person who obtains a firearm a fee not to exceed five
dollars ($5) for each transaction, except that the fee may be
increased at a rate not to exceed any increase in the California
Consumer Price Index as compiled and reported by the Department
of Industrial Relations, and not to exceed the reasonable cost of
regulation to the department. Revenues from this fee shall be
deposited in the Firearms Safety and Enforcement Special Fund.

(c) Revenue deposited into the Firearms Safety and Enforcement
Special Fund shall be available for expenditure by the Department
of Justice upon appropriation by the Legislature for the purpose
of implementing and enforcing the provisions of Article 2
(commencing with Section 31610) of Chapter 4 of Division 10,
enforcing Section 830.95, Title 2 (commencing with Section
12001) of Part 4, Sections 16000 to 16960, inclusive, Sections
16970 to 17230, inclusive, Sections 17240 to 21390, inclusive,
and Sections 21590 to 34370, inclusive, and for the establishment,
maintenance, and upgrading of equipment and services necessary
for firearms dealers to comply with Article 2 (commencing with
Section 28150).

begin delete SEC. 38. end delete

begin insert SEC. 39. end insert   

The heading of Article 2.5 (commencing with Section
1716) of Chapter 1 of Division 2.5 of the Welfare and Institutions
Code is amended to read:

 

Article 2.5.  Board of Juvenile Hearings

 

begin delete SEC. 39. end delete

begin insert SEC. 40. end insert   

Section 1716 of the Welfare and Institutions Code is
amended to read:

1716.  

Commencing July 1, 2016, any reference to the Youth
Authority Board refers to the Board of Juvenile Hearings.

begin delete SEC. 40. end delete

begin insert SEC. 41. end insert   

Section 1718 is added to the Welfare and Institutions
Code, to read:

1718.  

(a) The Governor shall appoint three commissioners,
subject to Senate confirmation, to the Board of Juvenile Hearings.
These commissioners shall be appointed and trained to hear only
juvenile matters. The term of appointment for each commissioner
shall be five years, and each term shall commence on the expiration
of the predecessor. Each commissioner currently serving on the
Board of Parole Hearings to hear only juvenile matters shall
continue to serve as a commissioner of the Board of Juvenile
Hearings until his or her current term expires. The Governor shall
stagger the remaining vacancies as follows: one commissioner
term to expire on July 1, 2018, and one commissioner term to
expire on July 1, 2019. Any appointment to a vacancy that occurs
for any reason other than expiration of the term shall be for the
remainder of the unexpired term. Commissioners are eligible for
reappointment. The selection of persons and their appointment by
the Governor and confirmation by the Senate shall reflect as nearly
as possible a cross section of the racial, sexual, economic, and
geographic features of the population of the state.

(b) The chair of the Board of Juvenile Hearings shall be
designated by the Governor periodically. The Governor may
appoint an executive officer of the board, subject to Senate
confirmation, who shall hold office at the pleasure of the Governor.
The executive officer shall be the administrative head of the board
and shall exercise all duties and functions necessary to ensure that
the responsibilities of the board are successfully discharged. The
director of the Division of Juvenile Facilities shall be the hiring
authority for all civil service positions of employment with the
board.

(c) Each commissioner shall participate in hearings, including
discharge consideration hearings, initial case reviews, and annual
reviews.

begin delete SEC. 41. end delete

begin insert SEC. 42. end insert   

Section 1719 of the Welfare and Institutions Code is
amended to read:

1719.  

(a) The following powers and duties shall be exercised
and performed by the Board of Juvenile Hearings: discharges of
commitment, orders for discharge from the jurisdiction of the
Division of Juvenile Facilities to the jurisdiction of the committing
court, initial case reviews, and annual reviews.

(b) Any ward may appeal a decision by the Board of Juvenile
Hearings to deny discharge to a panel comprised of at least two
commissioners.

(c) The following powers and duties shall be exercised and
performed by the Division of Juvenile Facilities: return of persons
to the court of commitment for redisposition by the court or a
reentry disposition, determination of offense category, setting of
discharge consideration dates, developing and updating
individualized treatment plans, institution placements, furlough
placements, return of nonresident persons to the jurisdiction of the
state of legal residence, disciplinary decisionmaking, and referrals
pursuant to Section 1800.

(d) The department shall promulgate policies and regulations
implementing a departmentwide system of graduated sanctions
for addressing ward disciplinary matters. The disciplinary
decisionmaking system shall be employed as the disciplinary
system in facilities under the jurisdiction of the Division of Juvenile
Facilities, and shall provide a framework for handling disciplinary
matters in a manner that is consistent, timely, proportionate, and
ensures the due process rights of wards. The department shall
develop and implement a system of graduated sanctions that
distinguishes between minor, intermediate, and serious misconduct.
The department may not extend a ward’s discharge consideration
date. The department also may promulgate regulations to establish
a process for granting wards who have successfully responded to
disciplinary sanctions a reduction of any time acquired for
disciplinary matters.

begin delete SEC. 42. end delete

begin insert SEC. 43. end insert   

Section 1720 of the Welfare and Institutions Code is
amended to read:

1720.  

(a) The case of each ward shall be reviewed by the Board
of Juvenile Hearings within 45 days of arrival at the department,
and at other times as is necessary to meet the powers or duties of
the board.

(b) The Board of Juvenile Hearings shall periodically review
the case of each ward. These reviews shall be made as frequently
as the Board of Juvenile Hearings considers desirable and shall be
made with respect to each ward at intervals not exceeding one
year.

(c) The ward shall be entitled to notice if his or her annual
review is delayed beyond one year after the previous annual review
hearing. The ward shall be informed of the reason for the delay
and of the date the review hearing is to be held.

(d) Failure of the board to review the case of a ward within 15
months of a previous review shall not of itself entitle the ward to
discharge from the control of the division but shall entitle him or
her to petition the superior court of the county from which he or
she was committed for an order of discharge, and the court shall
discharge him or her unless the court is satisfied as to the need for
further control.

(e) Reviews conducted by the board pursuant to this section
shall be written and shall include, but not be limited to, the
following: verification of the treatment or program goals and orders
for the ward to ensure the ward is receiving treatment and
programming that is narrowly tailored to address the correctional
treatment needs of the ward and is being provided in a timely
manner that is designed to meet the discharge consideration date
set for the ward; an assessment of the ward’s adjustment and
responsiveness to treatment, programming, and custody; a review
of the ward’s disciplinary history and response to disciplinary
sanctions; and a review of any additional information relevant to
the ward’s progress.

(f) The division shall provide copies of the reviews prepared
pursuant to this section to the court and the probation department
of the committing county.

begin delete SEC. 43. end delete

begin insert SEC. 44. end insert   

Section 1721 is added to the Welfare and Institutions
Code, to read:

1721.  

(a) The Board of Juvenile Hearings shall meet at each
of the facilities under the jurisdiction of the Division of Juvenile
Facilities. Meetings shall be held at whatever times may be
necessary for a full and complete study of the cases of all wards
whose matters are considered. Other times and places of meeting
may also be designated by the board, including, but not limited to,
prisons or state facilities housing wards under the jurisdiction of
the Division of Juvenile Facilities. Each commissioner of the board
shall receive his or her actual necessary traveling expenses incurred
in the performance of his or her official duties. If the board
performs its functions by meeting en banc in either public or
executive sessions to decide matters of general policy, no action
shall be valid unless it is concurred in by a majority vote of those
present.

(b) The Board of Juvenile Hearings may utilize board
representatives to whom it may assign appropriate duties, including
hearing cases and making decisions. Those decisions shall be made
in accordance with policies approved by a majority of the total
membership of the board. When determining whether
commissioners or board representatives shall hear matters pursuant
to subdivision (a) of Section 1719, or any other matter submitted
to the board involving wards under the jurisdiction of the Division
of Juvenile Facilities, the chair shall take into account the degree
of complexity of the issues presented by the case.

(c) The board shall exercise the powers and duties specified in
subdivision (a) of Section 1719 in accordance with rules and
regulations adopted by the board. The board may conduct discharge
hearings in panels. Each panel shall consist of two or more persons,
at least one of whom shall be a commissioner. No panel action
shall be valid unless concurred in by a majority vote of the persons
present; in the event of a tie vote, the matter shall be referred to
and heard by the board en banc.

begin delete SEC. 44. end delete

begin insert SEC. 45. end insert   

Section 1722 is added to the Welfare and Institutions
Code, to read:

1722.  

(a) Any rules and regulations, including any resolutions
and policy statements, promulgated by the Board of Juvenile
Hearings shall be promulgated and filed pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code, and shall, to the extent practical, be
stated in language that is easily understood by the general public.

(b) The Board of Juvenile Hearings shall maintain, publish, and
make available to the general public a compendium of its rules
and regulations, including any resolutions and policy statements,
promulgated pursuant to this section.

(c) Notwithstanding subdivisions (a) and (b), the chairperson
may specify an effective date that is any time more than 30 days
after the rule or regulation is filed with the Secretary of State.
However, no less than 20 days prior to that effective date, copies
of the rule or regulation shall be posted in conspicuous places
throughout each institution and shall be mailed to all persons or
organizations who request them.

begin delete SEC. 45. end delete

begin insert SEC. 46. end insert   

Section 1723 of the Welfare and Institutions Code is
amended to read:

1723.  

(a) The powers and duties of the board described in
subdivision (a) of Section 1719 shall be exercised and performed
by the board or its designee, as authorized by this article.

(b) All other powers conferred to the board concerning wards
under the jurisdiction of the division may be exercised through
subordinates or delegated to the division under rules established
by the board. Any person subjected to an order of those
subordinates or of the division pursuant to that delegation may
petition the board for review. The board may review those orders
under appropriate rules and regulations.

(c) All board designees shall be subject to the training required
pursuant to Section 1724.

begin delete SEC. 46. end delete

begin insert SEC. 47. end insert   

Section 1724 is added to the Welfare and Institutions
Code, to read:

1724.  

(a) Commissioners and board representatives hearing
matters pursuant to subdivision (a) of Section 1719 or any other
matter involving wards under the jurisdiction of the Division of
Juvenile Facilities shall have a broad background in, and ability
to perform or understand, appraisal of youthful offenders and
delinquents, the circumstances of delinquency for which those
persons are committed, and the evaluation of an individual’s
progress toward reformation. Insofar as practicable, commissioners
and board representatives selected to hear these matters also shall
have a varied and sympathetic interest in juvenile justice and shall
have experience or education in the fields of juvenile justice,
sociology, law, law enforcement, mental health, medicine, drug
treatment, or education.

(b) Within 60 days of appointment and annually thereafter,
commissioners and board representatives described in subdivision
(a) shall undergo a minimum of 40 hours of training in the
following areas:

(1) Adolescent brain development, the principles of cognitive
behavioral therapy, and evidence-based treatment and
recidivism-reduction models.

(2) Treatment and training programs provided to wards at the
Division of Juvenile Facilities, including, but not limited to,
educational, vocational, mental health, medical, substance abuse,
psychotherapeutic counseling, and sex offender treatment
programs.

(3) Current national research on effective interventions with
juvenile offenders and how they compare to division program and
treatment services.

(4) Commissioner duties and responsibilities.

(5) Knowledge of laws and regulations applicable to conducting
initial case reviews, annual reviews, and discharge hearings,
including the rights of victims, witnesses, and wards.

(6) Factors influencing ward lengths of stay and ward recidivism
rates and their relationship to one another.

begin delete SEC. 47. end delete

begin insert SEC. 48. end insert   

Section 1725 of the Welfare and Institutions Code is
amended to read:

1725.  

(a) Commencing July 1, 2016, the Board of Juvenile
Hearings shall succeed, and shall exercise and perform all powers
and duties previously granted to, exercised by, and imposed upon
the Youthful Offender Parole Board and Youth Authority Board,
as authorized by this article. The Youthful Offender Parole Board
and Youth Authority Board are abolished.

(b) Commencing January 1, 2007, all commissioners appointed
and trained to hear juvenile parole matters, together with their
duties prescribed by law as functions of the Board of Parole
Hearings concerning wards under the jurisdiction of the Department
of Corrections and Rehabilitation, are transferred to the Director
of the Division of Juvenile Justice.

begin delete SEC. 48. end delete

begin insert SEC. 49. end insert   

Section 1728 is added to the Welfare and Institutions
Code, to read:

1728.  

The Governor may remove any member of the Board of
Juvenile Hearings for misconduct, incompetency, or neglect of
duty after a full hearing by the Board of State and Community
Corrections.

begin delete SEC. 49. end delete

begin insert SEC. 50. end insert   

Section 1766 of the Welfare and Institutions Code is
amended to read:

1766.  

(a) Subject to Sections 733 and 1767.35, and subdivision
(b) of this section, if a person has been committed to the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities, the Board of Juvenile Hearings, according to
standardized review and appeal procedures established by the
board in policy and regulation and subject to the powers and duties
enumerated in subdivision (a) of Section 1719, may do any of the
following:

(1) Set a date on which the ward shall be discharged from the
jurisdiction of the Division of Juvenile Facilities and permitted his
or her liberty under supervision of probation and subject to the
jurisdiction of the committing court pursuant to subdivision (b).

(2) Deny discharge, except that a person committed to the
division pursuant to Section 731 or 1731.5 shall not be held in
physical confinement for a total period of time in excess of the
maximum periods of time set forth in Section 731.

(b) The following provisions shall apply to any ward eligible
for discharge from his or her commitment to the custody of the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities. Any order entered by the court pursuant to this
subdivision shall be consistent with evidence-based practices and
the interest of public safety.

(1) The county of commitment shall supervise the reentry of
any ward still subject to the court’s jurisdiction and discharged
from the jurisdiction of the Division of Juvenile Facilities. The
conditions of the ward’s supervision shall be established by the
court pursuant to the provisions of this section.

(2) Not less than 60 days prior to the scheduled discharge
consideration hearing of a ward described in this subdivision, the
division shall provide to the probation department and the court
of the committing county, and the ward’s counsel, if known, the
most recent written review prepared pursuant to Section 1720,
along with notice of the discharge consideration hearing date.

(3) (A) Not less than 30 days prior to the scheduled discharge
consideration hearing, the division shall notify the ward of the date
and location of the discharge consideration hearing. A ward shall
have the right to contact his or her parent or guardian, if he or she
can reasonably be located, to inform the parent or guardian of the
date and location of the discharge consideration hearing. The
division shall also allow the ward to inform other persons identified
by the ward, if they can reasonably be located, and who are
considered by the division as likely to contribute to a ward’s
preparation for the discharge consideration hearing or the ward’s
postrelease success.

(B) This paragraph shall not apply if either of the following
conditions is met:

(i) A minor chooses not to contact his or her parents, guardians,
or other persons and the director of the division facility determines
it would be in the best interest of the minor not to contact the
parents, guardians, or other persons.

(ii) A person 18 years of age or older does not consent to the
contact.

(C) Upon intake of a ward committed to a division facility, and
again upon attaining 18 years of age while serving his or her
commitment in the custody of the division, an appropriate staff
person shall explain the provisions of subparagraphs (A) and (B),
using language clearly understandable to the ward.

(D) Nothing in this paragraph shall be construed to limit the
right of a ward to an attorney under any other law.

(4) Not less than 30 days prior to the scheduled discharge
consideration hearing of a ward described in this subdivision, the
probation department of the committing county may provide the
division with its written plan for the reentry supervision of the
ward. At the discharge consideration hearing, the Board of Juvenile
Hearings shall, in determining whether the ward is to be released,
consider a reentry supervision plan submitted by the county.

(5) If the Board of Juvenile Hearings determines that a ward is
ready for discharge to county supervision pursuant to subdivision
(a), the board shall set a date for discharge from the jurisdiction
of the Division of Juvenile Facilities no less than 14 days after the
date of such determination. The board shall also record any
postrelease recommendations for the ward. These recommendations
will be sent to the committing court responsible for setting the
ward’s conditions of supervision no later than seven days from the
date of such determination.

(6) No more than four days but no less than one day prior to the
scheduled date of the reentry disposition hearing before the
committing court, the Division of Juvenile Facilities shall transport
and deliver the ward to the custody of the probation department
of the committing county. On or prior to a ward’s date of discharge
from the Division of Juvenile Facilities, the committing court shall
convene a reentry disposition hearing for the ward. The purpose
of the hearing shall be for the court to identify those conditions of
supervision that are appropriate under all the circumstances of the
case and consistent with evidence-based practices. The court shall,
to the extent it deems appropriate, incorporate postrelease
recommendations made by the board as well as any reentry plan
submitted by the county probation department and reviewed by
the board into its disposition order. At the hearing the ward shall
be fully informed of the terms and conditions of any order entered
by the court, including the consequences for any violation thereof.
The procedure of the reentry disposition hearing shall otherwise
be consistent with the rules, rights, and procedures applicable to
delinquency disposition hearings as described in Article 17
(commencing with Section 675) of Chapter 2 of Part 1 of Division
2.

(7) The Department of Corrections and Rehabilitation shall have
no further jurisdiction over a ward who is discharged by the board.

(8) Notwithstanding any other law or any other provision of
this section, commencing January 1, 2013, all wards who remain
on parole under the jurisdiction of the Division of Juvenile
Facilities shall be discharged, except for wards who are in custody
pending revocation proceedings or serving a term of revocation.
A ward that is pending revocation proceedings or serving a term
of revocation shall be discharged after serving his or her revocation
term, including any revocation extensions, or when any allegations
of violating the terms and conditions of his or her parole are not
sustained.

(c) Within 60 days of intake, the Division of Juvenile Facilities
shall provide the court and the probation department with a
treatment plan for the ward.

(d) Commencing January 1, 2013, and annually thereafter, for
the preceding fiscal year, the department shall collect and make
available to the public the following information:

(1) The total number of ward case reviews conducted by the
division and the board, categorized by guideline category.

(2) The number of discharge consideration dates for each
category set at guideline, above guideline, and below guideline.

(3) The number of ward case reviews resulting in a change to
a discharge consideration date, including the category assigned to
the ward and the specific reason for the change.

(4) The percentage of wards who have had a discharge
consideration date changed to a later date, the percentage of wards
who have had a discharge consideration date changed to an earlier
date, and the average annual time added or subtracted per case.

(5) The number and percentage of wards who, while confined
or on parole, are charged with a new misdemeanor or felony
criminal offense.

(6) Any additional data or information identified by the
department as relevant.

(e) As used in subdivision (d), the term “ward case review”
means any review of a ward that changes, maintains, or appreciably
affects the programs, treatment, or placement of a ward.

begin delete SEC. 50. end delete

begin insert SEC. 51. end insert   

Section 1767.3 of the Welfare and Institutions Code
is amended to read:

1767.3.  

(a) The written order of the Director of the Division
of Juvenile Justice is a sufficient warrant for any peace officer to
return to custody any person who has escaped from the custody
of the Division of Juvenile Facilities or from any institution or
facility in which he or she has been placed by the division.

(b) All peace officers shall execute the orders in like manner as
a felony warrant.

begin delete SEC. 51. end delete

begin insert SEC. 52. end insert   

Section 5848.51 is added to the Welfare and
Institutions Code, to read:

5848.51.  

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

(1) Community alternatives should be expanded to reduce the
need for mental health and substance use disorder treatment in
jails and prisons.

(2) The number of people with serious mental illnesses
incarcerated in county jails and the state’s prison system continues
to rise.

(3) A significant number of individuals with serious mental
illness have a co-occurring substance use disorder.

(4) The treatment and recovery of individuals with mental health
disorders and substance use disorders are important for all levels
of government, business, and the local community.

(b) Funds appropriated by the Legislature to the authority for
the purposes of this section shall be used to establish a competitive
grant program designed to promote diversion programs and services
by increasing and expanding mental health treatment facilities,
substance use disorder treatment facilities, and trauma-centered
service facilities, including facilities providing services for sex
trafficking victims, domestic violence victims, and victims of other
violent crimes, in local communities, through the provision of
infrastructure grants.

(c) Grant awards made by the authority shall be used to expand
local resources for facility acquisition or renovation, equipment
acquisition, and applicable program startup or expansion costs to
increase availability and capacity to diversion programs described
in paragraph (b).

(d) Funds appropriated by the Legislature to the authority for
the purposes of this section shall be made available to selected
counties, city or county, or counties acting jointly.

(e) The authority shall develop selection criteria to expand local
resources, including those described in subdivision (b), and
processes for awarding grants after consulting with representatives
and interested stakeholders from the mental health treatment
community, substance use disorder treatment community, and
trauma recovery center providers, including, but not limited to,
county behavioral health directors, service providers, consumer
organizations, and other appropriate interests, such as health care
providers, law enforcement, trial courts, and formerly incarcerated
individuals as determined by the authority. The authority shall
monitor that grants result in cost-effective expansion of the number
of community-based resources in regions and communities selected
for funding. The authority shall also take into account at least the
following criteria and factors when selecting recipients of grants
and determining the amount of grant awards:

(1) Description of need, including, at a minimum, a
comprehensive description of the project, community need,
population to be served, linkage with other public systems of health
and mental health care, linkage with local law enforcement, social
services, and related assistance, as applicable, and a description
of the request for funding.

(2) Ability to serve the target population, which includes
individuals eligible for Medi-Cal and individuals eligible for county
health and mental health services.

(3) Geographic areas or regions of the state to be eligible for
grant awards, which may include rural, suburban, and urban areas,
and may include use of the five regional designations utilized by
the County Behavioral Health Directors Association of California.

(4) Level of community engagement and commitment to project
completion.

(5) Financial support that, in addition to a grant that may be
awarded by the authority, will be sufficient to complete and operate
the project for which the grant from the authority is awarded.

(6) Ability to provide additional funding support to the project,
including public or private funding, federal tax credits and grants,
foundation support, and other collaborative efforts.

(7) Memorandum of understanding among project partners, if
applicable.

(8) Information regarding the legal status of the collaborating
partners, if applicable.

(9) Ability to measure key outcomes, including utilization of
services, health and mental health outcomes, and cost benefit of
the project.

(f) The authority shall determine maximum grant awards, which
shall take into consideration the number of projects awarded to
the grantee, as described in subdivision (c), and shall reflect
reasonable costs for the project and geographic region. The
authority may allocate a grant in increments contingent upon the
phases of a project.

(g) Funds awarded by the authority pursuant to this section may
be used to supplement, but not to supplant, existing financial and
resource commitments of the grantee or any other member of a
collaborative effort that has been awarded a grant.

(h) All projects that are awarded grants by the authority shall
be completed within a reasonable period of time, to be determined
by the authority. Funds shall not be released by the authority until
the applicant demonstrates project readiness to the authority’s
satisfaction. If the authority determines that a grant recipient has
failed to complete the project under the terms specified in awarding
the grant, the authority may require remedies, including the return
of all or a portion of the grant.

(i) The authority may consult with a technical assistance entity,
as described in paragraph (5) of subdivision (a) of Section 4061,
for the purposes of implementing this section.

(j) The authority may adopt emergency regulations relating to
the grants for the capital capacity and program expansion projects
described in this section, including emergency regulations that
define eligible costs and determine minimum and maximum grant
amounts.

(k) (1) The authority shall provide reports to the fiscal and
policy committees of the Legislature on or before April 1, 2018,
and annually until April 1, 2020, on the progress of implementation
that include, but are not limited to, the following:

(A) A description of each project awarded funding.

(B) The amount of each grant issued.

(C) A description of other sources of funding for each project.

(D) The total amount of grants issued.

(E) A description of project operation and implementation,
including who is being served.

(2) The requirement for submitting a report imposed under this
subdivision is inoperative on April 1, 2024, pursuant to Section
10231.5 of the Government Code.

(l) A recipient of a grant provided pursuant to paragraph (b)
shall adhere to all applicable laws relating to scope of practice,
licensure, certification, staffing, and building codes.

begin delete SEC. 52. end delete

begin insert SEC. 53. end insert   

Section 7200.06 of the Welfare and Institutions Code
is amended to read:

7200.06.  

(a) After construction of the perimeter security fence
is completed at Napa State Hospital, no patient whose placement
has been required pursuant to the Penal Code shall be placed
outside the perimeter security fences, with the exception of
placements in the general acute care and skilled nursing units. The
State Department of State Hospitals shall ensure that appropriate
security measures are in place for the general acute care and skilled
nursing units.

(b) Any alteration to the security perimeter structure or policies
shall be made in conjunction with representatives of the City of
Napa, the County of Napa, and local law enforcement agencies.

begin delete SEC. 53. end delete

begin insert SEC. 54. end insert   

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

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CORRECTIONS:

Heading--Lines 1, 2, 3, 4, and 5.

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