Amended in Assembly June 17, 2015

Senate BillNo. 85


Introduced by Committee on Budget and Fiscal Review

January 9, 2015


begin delete An act relating to the Budget Act of 2015. end deletebegin insertAn act to amend Section 135 of the Code of Civil Procedure, to amend Sections 30029.05, 30061, 70602.6, 70616, 70617, 70657, and 70677 of the Government Code, to amend Sections 1230, 1231, 1232, 1233.1, 1233.3, 1233.5, 1233.6, 1233.61, 1233.9, 1233.10, 1369.1, 1370, 6402, and 13602.1 of, to amend and repeal Section 13602 of, to amend, repeal, and add Sections 13600, 13601, and 13603 of, to add 1370.6 to, to repeal Sections 1233, 1233.15, and 1233.2 of, and to repeal and add Section 1233.4 of, the Penal Code, to add Section 42008.8 to the Vehicle Code, to amend Sections 4117 and 4143 of, and to add Sections 3313, 4023.6, 4023.7, and 4023.8 to, the Welfare and Institutions Code, to amend the Budget Act of 2014 (Chapter 25 of the Statutes of 2014) by amending Item 0250-101-3259 of, and to add Item 5227-491 to, Section 2.00 of that act, relating to public safety, and making an appropriation therefor, to take effect immediately, bill related to the budget.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 85, as amended, Committee on Budget and Fiscal Review. begin deleteBudget Act of 2015. end deletebegin insertPublic safety.end insert

begin insert

(1) Existing law establishes the Department of the California Highway Patrol, which is under the control of a civil executive officer, known as the Commissioner of the California Highway Patrol. Under existing law, the commissioner is required to, among other things, enforce all laws regulating the operation of vehicles and the use of the highways, except as provided.

end insert
begin insert

This bill would require, on or before January 1, 2016, the department to develop a plan for implementing a body-worn camera pilot program. The bill would require that plan to examine, among other things, the minimum specifications for body-worn cameras to be utilized in a body-worn camera program, best practices for officer review of recorded body-worn camera data, and best practices for sharing recorded body-worn camera data internally and externally.

end insert
begin insert

(2) Existing law designates official state holidays, including Native American Day. Existing law makes those state holidays, with certain exceptions, judicial holidays.

end insert
begin insert

This bill would additionally exclude Native American Day from the list of judicial holidays.

end insert
begin insert

(3) Existing law establishes in the State Treasury the Local Revenue Fund 2011, a continuously appropriated fund, and requires that its funds be allocated exclusively for public safety services, as defined. Existing law creates the Enhancing Law Enforcement Activities Subaccount in that fund and further creates the Enhancing Law Enforcement Activities Growth Special Account in that subaccount.

end insert
begin insert

Existing law requires each county to establish in the county treasury various corresponding subaccounts and special accounts for the receipt of funds allocated to a county for specified local law enforcement purposes.

end insert
begin insert

Existing law allocates specified funds on August 25 of each year from the Enhancing Law Enforcement Activities Growth Special Account to the corresponding subaccount at the county level, including the following: 27.08% for purposes that include jail construction and operation and criminal prosecution; 27.08% to implement multiagency juvenile justice plans; and 7.44% to counties that operate juvenile camps and ranches, based on the number of beds in each camp. Existing law allocates these funds to counties pursuant to a schedule provided by the Department of Finance for these purposes.

end insert
begin insert

This bill would delete the requirement that the funds be allocated on August 25 of each year and would make other technical changes.

end insert
begin insert

(4) Existing law establishes in each county treasury a Supplemental Law Enforcement Services Account (SLESA) and requires the county auditor to allocate moneys in the SLESA in a prescribed manner to counties and cities located within the county for the purpose of funding specified public safety programs. Existing law requires a local agency that receives SLESA moneys to expend or encumber those moneys no later than June 30 of the fiscal year following receipt. Existing law requires a local agency that does not meet that requirement to remit unspent SLESA moneys for deposit in the County Enhancing Law Enforcement Activities Subaccount.

end insert
begin insert

This bill would, beginning July 1, 2015, eliminate the deadline for a local agency to expend or encumber SLESA moneys. This bill would require the county auditor to redirect unspent SLESA moneys that were remitted after July 1, 2012, to the County Enhancing Law Enforcement Activities Subaccount to the agency that remitted the moneys, as specified.

end insert
begin insert

(5) Existing law, until July 1, 2015, imposes a supplemental fee of $40 for filing first papers in certain civil proceedings, subject to reduction if the amount of the General Fund appropriation to the Trial Court Trust Fund is decreased from the amount appropriated in the 2013-14 fiscal year.

end insert
begin insert

This bill would extend the operation of the supplemental fee until July 1, 2018.

end insert
begin insert

(6) Existing law, until July 1, 2015, requires a $1,000 fee to be paid on behalf of all plaintiffs, and by each defendant, intervenor, respondent, or adverse party to a civil action that is designated or determined to be a complex case. On and after July 1, 2015, existing law requires a fee of $550 to be paid under those circumstances. Existing law, until July 1, 2015, imposes a limitation of $18,000 on the total amount of complex fees collected from all defendants, intervenors, respondents, or other adverse parties appearing in a complex case. On and after July 1, 2015, existing law imposes a limitation of $10,000 on the amount of the fee required to be paid in those circumstances.

end insert
begin insert

This bill would extend the operation of the $1,000 complex case fee and the $18,000 total fee limitation to July 1, 2018, thereby extending that higher fee rate and limitation by 3 years.

end insert
begin insert

(7) Under existing law, the uniform fee for filing any specified motion, application, order to show cause, or any other paper requiring a hearing subsequent to the first paper is $60 until July 1, 2015, at which time that fee is reduced to $40.

end insert
begin insert

This bill would extend the operation of the $60 filing fee to July 1, 2018, thereby extending that higher fee by 3 years.

end insert
begin insert

(8) Existing law, the California Community Corrections Performance Incentives Act of 2009, authorizes each county to establish a Community Corrections Performance Incentives Fund, and authorizes the state to annually allocate moneys into a State Community Corrections Performance Incentives Fund to be used for specified purposes relating to improving local probation supervision practices and capacities. Existing law requires the Director of Finance, in consultation with specified other entities, to calculate a baseline probation failure rate, which is the average number of adult felony probationers sent to state prison during the 2006 to 2008 calendar years, as a percentage of the weighted average of the population of adult felony probationers during the same period. Existing law requires the Director of Finance, in consultation with those entities, to calculate, on a yearly basis, a statewide probation failure rate, and a probation rate for each county, based on the percentage of adult felony probationers sent to state prison or to a county jail as a percentage of the average statewide or county adult felony probation population, respectively, as specified. Existing law requires the Director of Finance, in consultation with those entities, to estimate the number of adult felony probationers each county successfully prevented from being incarcerated, based on each county’s probation failure rate and the county’s baseline probation failure rate, taking into account specified changes in each county’s adult felony probation caseload, as specified.

end insert
begin insert

This bill would recast those requirements to eliminate the requirement that the director calculate a baseline probation failure rate. The bill would require the director to calculate the statewide probation failure rate and the probation failure rate for a county based only on the total number of adult felony probationers sent to state prison. The bill would require the director to estimate the number of adult felony probationers, felons on mandatory supervision, and felons on postrelease community supervision successfully prevented from being incarcerated in state prison, based only on a county’s probation failure rate, mandatory supervision failure rate, and postrelease community supervision failure rate. The bill would also require the director to calculate a combined statewide return to prison rate and a combined individual county return to prison rate, as specified.

end insert
begin insert

(9) Existing law requires the Director of Finance, in consultation with specified other entities, to develop a revised formula for performance incentive funding related to the act that takes into account changes to the eligibility of some felony probationers for revocation to the state prison that results from implementation of the 2011 Public Safety Realignment, for the purpose of providing incentive funding for a county probation department that is successful in reducing postrelease community supervision and mandatory supervision failure rates. Existing law requires the director and those entities to calculate a probation failure reduction incentive payment under a tier-based system based on a county’s probation failure rate, as specified.

end insert
begin insert

This bill would eliminate the tier-based system described above and would recast the calculation of the probation failure reduction incentive payment as a statewide performance payment that is calculated as a specified percentage of the highest year of funding that a county received from the California Community Corrections Performance Incentives Grant Program from the 2011-12 fiscal year to the 2014-15 fiscal year, inclusive. The bill would provide that the percentage used to calculate the statewide performance incentive payment for a county shall be based on that county’s return to prison rate, as specified.

end insert
begin insert

(10) Existing law requires the Director of Finance, in consultation with specified other entities, to calculate a high performance grant payment, as specified, for the purpose of providing performance-based funding for a county that demonstrates a high success rate with reducing recidivism among adult felony probationers.

end insert
begin insert

This bill would eliminate the high performance grant payment described above, and would instead require the director to calculate a yearly county performance incentive payment that is based on the estimated number of felons on probation, subject to mandatory supervision, and subject to postrelease community supervision that were successfully prevented from being incarcerated in state prison, multiplied by 35% of the cost to incarcerate a felony prison offender in a contract prison facility.

end insert
begin insert

(11) Existing law requires the Department of Finance to distribute the moneys remaining in the State Community Corrections Performance Incentives Fund after the calculation and award of the probation failure reduction incentive payments and high performance grant payments described above to qualifying counties.

end insert
begin insert

This bill would eliminate the requirement of distribution of those moneys, and instead require the Department of Finance to increase to a total of no more than $200,000 the award of a county’s statewide performance incentive payment and county performance incentive payment if that county’s payment totals less than $200,000. The bill would further require the Department of Finance to adjust the award amount, up to $200,000 per county, to counties that did not receive a statewide performance incentive payment and county performance incentive payment. By increasing the amount of funds that a county may receive from the continuously appropriated State Community Corrections Performance Incentives Fund, the bill would make an appropriation. The bill would require counties to provide specified information to the Judicial Council in order to receive these increases in award amounts.

end insert
begin insert

(12) Existing law requires the Administrative Office of the Courts, in consultation with specified other entities, to provide a quarterly statistical report to the Department of Finance that includes specified information, including the number of felons who had their postrelease community supervision revoked and were sent to a county jail for that revocation.

end insert
begin insert

This bill would instead require the Judicial Council to provide the quarterly statistical information. The bill would provide that the information related to felons on postrelease community supervision who had their postrelease community supervision revoked and were sent to a county jail shall not include felons who are subject to flash incarceration, as specified.

end insert
begin insert

(13) Existing law authorizes each county to establish a Community Corrections Performance Incentives Fund, and authorizes the state to annually allocate moneys into a State Community Corrections Performance Incentives Fund to be used for specified purposes relating to improving local probation supervision practices and capacities. Existing law creates the Recidivism Reduction Fund in the State Treasury to be available upon appropriation by the Legislature for activities designed to reduce the state’s prison population, and authorizes funds available in the Recidivism Reduction Fund to be transferred to the State Community Corrections Performance Incentives Fund.

end insert
begin insert

Existing law, upon agreement to accept funding from the Recidivism Reduction Fund, requires a county board of supervisors, in collaboration with the county’s Community Corrections Partnership, to develop, administer, and collect and submit data to the Board of State and Community Corrections regarding a competitive grant program intended to fund community recidivism and crime reduction services, including, but not limited to, delinquency prevention, homelessness prevention, and reentry services. Existing law requires the funding to be allocated to counties from the Budget Act of 2014 by the State Controller’s Office according to a specified allocation schedule. Existing law requires that any funds not encumbered with a community recidivism and crime reduction service provider one year after allocation of grant funds to counties immediately revert to the state General Fund.

end insert
begin insert

This bill would enact a revised schedule allocating funds to counties from the Budget Act of 2015 that would reduce each allocation by 50%. The bill would also delete the requirement that any funds not encumbered with a community recidivism and crime reduction service provider one year after allocation of grant funds to counties immediately revert to the state General Fund. The bill would require any funds in the Recidivism Reduction Fund that are not encumbered by June 30, 2016, to revert to the General Fund upon order of the Department of Justice. The bill would also abolish the Recidivism Reduction Fund once all funds encumbered in the fund are liquidated.

end insert
begin insert

(14) Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law establishes a process by which a defendant’s mental competency is evaluated and by which the defendant receives treatment, including, if applicable, antipsychotic medication, with the goal of returning the defendant to competency. Existing law requires that the court order the defendant to be delivered to a treatment facility, and, until January 1, 2016, defines “treatment facility” to include a county jail for these purposes. Existing law, until January 1, 2016, authorizes certain medications to be provided to a defendant in a county jail if he or she is mentally incompetent and unable to provide informed consent due to a mental disorder. Existing law, until January 1, 2016, limits to 6 months the maximum period of time a defendant may be treated in a treatment facility.

end insert
begin insert

This bill would delete that January 1, 2016, repeal date, thereby extending the operation of these provisions indefinitely.

end insert
begin insert

(15) If a mentally incompetent defendant is sent to a county jail for treatment, existing law requires the State Department of State Hospitals to provide treatment at the county jail treatment facility and to reimburse the county jail treatment facility for the reasonable cost of the bed during treatment.

end insert
begin insert

This bill would, upon approval by the State Department of State Hospitals and an appropriation in the Budget Act, authorize the county jail treatment facility to provide restoration of competency services and would allow the department to reimburse the county for these services and the reasonable costs of any necessary medical treatment not provided within the county jail treatment facility. This bill would, if the county jail is used as a treatment facility, require the county to provide for transportation of the defendant to the county jail treatment facility unless otherwise agreed to by the State Department of State Hospitals and the facility. This bill would require the State Department of State Hospitals and a county jail treatment facility, if found to be comparatively at fault for any claim, action, loss, or damage which results from their obligations, to indemnify the other to the extent of their comparative fault.

end insert
begin insert

(16) Existing law establishes the Department of Corrections and Rehabilitation to oversee the state prison system. Existing law requires the department to develop policies related to contraband interdiction efforts for individuals entering department facilities.

end insert
begin insert

This bill would require those policies to ensure visitors are informed further potential search or visitation options and to consider the use of full-body scanners. The bill would further require that the department, after 2 years of implementation of the policies it creates pursuant to this bill, conduct an evaluation of the policy.

end insert
begin insert

(17) Existing law establishes the Commission on Correction Peace Officer Standards and Training (the CPOST) within the Department of Corrections and Rehabilitation. Existing law requires the executive board of the CPOST to be comprised of 6 voting members, 3 appointed by the department and 3 appointed by the Governor. Existing law requires that one of the department’s appointees represent the Division of Juvenile Facilities. Existing law requires each appointing authority to appoint an alternate for each regular member it appoints, and requires the alternate to possess the same qualifications as the regular member and to substitute for, and vote in place of, the regular member whenever he or she is absent. Existing law requires the CPOST to appoint an executive director.

end insert
begin insert

This bill would instead, commencing July 1, 2015, require that one of the department’s appointees represent the Division of Juvenile Justice or the Division of Rehabilitative Programs within the department. The bill would instead require alternate members to possess the same qualifications as a regular member and to substitute for, and vote in place of, a regular member who was appointed by the same appointing authority whenever that regular member is absent. The bill would delete the requirement that the CPOST appoint an executive director. The bill would require the CPOST executive board to seek advice from national experts, including university and college institutions and correctional associations, on issues pertaining to adult corrections, juvenile justice, and the training of the Department of Corrections and Rehabilitation staff that are relevant to its mission.

end insert
begin insert

(18) Existing law, until January 1, 2017, allows the Department of Corrections and Rehabilitation to use a training academy established for the California City Correctional Center.

end insert
begin insert

This bill would extend that provision indefinitely.

end insert
begin insert

(19) Existing law requires the Department of Corrections and Rehabilitation to provide 16 weeks of training to each correctional peace officer cadet prior to his or her assignment to a post or position as a correctional peace officer. If an agreement is reached between the department and the bargaining unit for the correction peace officers, existing law allows the department, with the approval of the CPOST, to have cadets sworn in as correctional peace officers upon completion of 12 weeks of training and complete the final 4 weeks of training at the institution where the cadet is assigned to a post or position.

end insert
begin insert

This bill would, commencing July 1, 2015, require the department to instead provide 480 hours of training to each correctional peace officer cadet. The bill would require the CPOST to determine the on-the-job training requirements for correctional peace officers.

end insert
begin insert

(20) Existing law requires a county to establish a one-time amnesty program for fines and bail due on or before January 1, 2009, for certain infraction or misdemeanor violations of the Vehicle Code and the Penal Code. Existing law allows a person owing a fine or bail that was eligible for amnesty under this program to pay to the superior or juvenile court 50% of the total fine or bail, as defined, which is required to be accepted by the court in full satisfaction of the delinquent fine or bail. Under existing law, the amnesty program was required to accept these payments from January 1, 2012, until June 30, 2012.

end insert
begin insert

This bill would require a county to establish a similar amnesty program for fines and bail initially due on or before January 1, 2013, to be conducted in accordance with guidelines adopted by the Judicial Council. The bill would require the program to accept payments between October 1, 2015, to March 31, 2017, inclusive, and would authorize a participant to receive an additional reduction in his or her repayment amount if the participant certifies, under penalty of perjury, that he or she receives specified public assistance programs or that his or her monthly income is 125% or less of the current poverty guidelines. By requiring each county to establish and operate an amnesty program, and by expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would, following the transfer to the Judicial Council of the first $250,000 received, increase the percentage of specified penalties to be deposited in the Peace Officers’ Training Fund and the Corrections Training Fund, which are continuously appropriated funds. By increasing the amount of money deposited into continuously appropriated funds, this bill would make an appropriation.

end insert
begin insert

(21) Existing law requires the Department of Corrections and Rehabilitation to close the California Rehabilitation Center located in Norco, California, no later than December 31, 2016, or 6 months after the construction of 3 Level II dorm facilities, whichever is earlier. Existing law suspends this requirement pending a review by the Department of Finance and the Department of Corrections and Rehabilitation that determines the facility can be closed.

end insert
begin insert

This bill would require the Department of Finance and the Department of Corrections and Rehabilitation to release a report that provides an updated comprehensive plan for the state prison system, including a permanent solution to the decaying infrastructure of the California Rehabilitation Center. The bill would require the report to be submitted with the Governor’s 2016-17 Budget to the Assembly Committee on Appropriations, the Assembly Committee on Budget, the Senate Committee on Appropriations, the Senate Committee on Budget and Fiscal Review, and the Joint Legislative Budget Committee.

end insert
begin insert

(22) Existing law establishes the State Department of Developmental Services and sets forth its powers and duties relating to the administration of state developmental centers. Existing law establishes the State Department of State Hospitals and sets forth its powers and duties relating to the administration of state hospitals. Existing law establishes the Office of Law Enforcement Support within the California Health and Human Services Agency for the purpose of improving and providing oversight of various law enforcement activities within the State Department of Developmental Services and the State Department of State Hospitals.

end insert
begin insert

This bill would require the Office of Law Enforcement Support to investigate specified incidents at a developmental center or state hospital, including any incident that involves developmental center or state hospital law enforcement personnel and that meets certain criteria. The bill would also provide that the Office of Law Enforcement Support be responsible for contemporaneous oversight of specified investigations by the State Department of State Hospitals and the State Department of Developmental Service. The bill would require reports written upon completion of that review to be confidential.

end insert
begin insert

The bill would require the Office of Law Enforcement Support to issue regular reports, no less than semiannually, summarizing the investigations it conducted and its oversight of investigations, as specified.

end insert
begin insert

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

end insert
begin insert

This bill would make legislative findings to that effect.

end insert
begin insert

(23) Existing law generally requires the nontreatment costs of trials and hearings related to persons confined in a state hospital to be paid by the state to the county where the trial or hearing was had, except that existing law requires the county of commitment to pay these costs if the hearing is for an order seeking the involuntary treatment with psychotropic medication of a person confined in a state hospital as a condition of parole who is subject to an order for continued treatment beyond his or her period of parole.

end insert
begin insert

This bill would additionally require the county of commitment to pay the county where the proceeding is held for the nontreatment costs associated with any hearing for an order seeking involuntary treatment with psychotropic medication of a person confined in a state hospital after being found not guilty by reason of insanity.

end insert
begin insert

(24) Existing law establishes state hospitals for the care, treatment, and education of mentally disordered persons, which are under the jurisdiction of the State Department of State Hospitals. Commencing July 1, 2015, and subject to available funding, existing law authorizes the department to establish and maintain pilot enhanced treatment programs (ETPs), for the treatment of patients who are at high risk of most dangerous behavior, and when safe treatment is not possible in a standard treatment environment.

end insert
begin insert

This bill would require the department, at least 60 days prior to implementing an ETP, to submit written draft policies and procedures that will guide the operation of the ETP, including, but not limited to, admittance criteria, staffing levels, services to be provided to patients, a transition planning process, and training requirements to the appropriate policy committees of the Legislature and to the Joint Legislative Budget Committee.

end insert
begin insert

(25) Existing law, in the Budget Act of 2014, appropriates $15,000,000 for the establishment or ongoing operation and staffing of programs known to reduce recidivism and enhance public safety by means of a competitive grant program developed and administered by the Judicial Council. Existing law, the Budget Act of 2014, authorizes these funds to be expended until June 30, 2017, after which any unexpended funds revert to the General Fund.

end insert
begin insert

This bill would allow these funds to be encumbered, in addition to being expended, until June 30, 2017, thereby making an appropriation.

end insert
begin insert

(26) Existing law, in the Budget Act of 2014, appropriates $28,000,000 for local assistance to the Board of State and Community Corrections.

end insert
begin insert

This bill would reappropriate these funds for the purposes specified in the above appropriation and make the funds available for encumbrance or expenditure until June 30, 2016, except that the bill would make the balance of a $900,000 appropriation to administer the mentally ill offender crime reduction grant available for encumbrance or expenditure until June 30, 2017, thereby making an appropriation.

end insert
begin insert

(27) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

end insert
begin insert

This bill would make legislative findings to that effect.

end insert
begin insert

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

end insert
begin insert

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

end insert
begin insert

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

end insert
begin insert

(29) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

end insert
begin delete

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.

end delete

Vote: majority. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P13   1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

(a) It is the intent of the Legislature to provide
2the Department of the California Highway Patrol with the latitude
3to conduct a body-worn camera program that informs future
4decisions regarding a department-wide body-worn camera
5program.

end insert
begin insert

6(b) On or before January 1, 2016, the California Highway Patrol
7shall develop a plan for implementing a body-worn camera pilot
8program. The pilot program shall explore, but not be limited to,
9all of the following:

end insert
begin insert

10(1) The types of officers that should be assigned or permitted
11to wear a body-worn camera and the circumstances under which
12the body-worn camera should be worn.

end insert
begin insert

13(2) The minimum specifications for body-worn cameras to be
14utilized in the body-worn camera program.

end insert
begin insert

15(3) The practicality of an officer using a privately owned
16body-worn camera while on duty.

end insert
begin insert

17(4) The best locations on the officer’s body where a body-worn
18camera should be worn.

end insert
begin insert

19(5) Best practices for officers notifying members of the public
20that the officer’s body-worn camera is recording.

end insert
begin insert

21(6) The identity of the individual responsible for uploading
22recorded body-worn camera data and images.

end insert
begin insert

23(7) The circumstances during which recorded body-worn camera
24data should be uploaded.

end insert
begin insert

25(8) Best practices for recorded body-worn camera data storage.

end insert
begin insert

26(9) Random reviews of recorded body-worn camera data for
27compliance with the pilot program and overall officer performance.

end insert
begin insert

28(10) Best practices on accessing recorded body-worn camera
29data for an officer’s personal use.

end insert
begin insert

30(11) Best practices for officer review of recorded body-worn
31camera data.

end insert
begin insert

32(12) Best practices for sharing recorded body-worn camera
33data internally.

end insert
begin insert

34(13) Best practices for sharing recorded body-worn camera
35 data externally with the public and the news media.

end insert
begin insert

36(14) Body-worn camera usage training.

end insert
begin insert

37(15) A schedule for reviewing body-worn camera policies and
38protocols.

end insert
P14   1begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 135 of the end insertbegin insertCode of Civil Procedureend insertbegin insert is amended
2to read:end insert

3

135.  

Every full day designated as a holiday by Section 6700
4of the Government Code, including that Thursday of November
5declared by the President to be Thanksgiving Day, is a judicial
6holiday, except September 9, known as “Admission Day,”begin insert the
7fourth Friday in September, known as “Native American Day,”end insert

8 and any other day appointed by the President, but not by the
9Governor, for a public fast, thanksgiving, or holiday. If a judicial
10holiday falls on a Saturday or a Sunday, the Judicial Council may
11designate an alternative day for observance of the holiday. Every
12Saturday and the day after Thanksgiving Day is a judicial holiday.
13Officers and employees of the courts shall observe only the judicial
14holidays established pursuant to this section.

15begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 30029.05 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
16to read:end insert

17

30029.05.  

For purposes of this section, each fiscal year shall
18include cash received on August 16 to August 15, inclusive, of the
19following year. For the 2012-13 fiscal year, and for each fiscal
20year thereafter, the Controller shall allocate funds from the accounts
21in the Local Revenue Fund 2011 as follows:

22(a) All of the funds allocated to the Mental Health Account from
23the Local Revenue Fund 2011 shall be allocated by the Controller
24on the 20th of each month to the Mental Health Subaccount of the
25Sales Tax Account in the Local Revenue Fund described in Section
2617600 of the Welfare and Institutions Code.

27(b) Funds allocated to the Trial Court Security Subaccount from
28the Local Revenue Fund 2011 shall be allocated by the Controller
29on the 27th of each month to the Trial Court Security Subaccount
30within each county’s or city and county’s County Local Revenue
31Fund 2011. The moneys allocated pursuant to this subdivision
32shall be used solely to provide security to the trial courts and shall
33not be used to pay for general county administrative expenses,
34including, but not limited to, the costs of administering the account.
35These funds shall be allocated as follows:
36

 

Alameda County4.4128%
Alpine County0.0025%
Amador County0.1141%
Butte County0.3818%
Calaveras County0.0711%
Colusa County0.0296%
Contra Costa County2.7405%
Del Norte County0.0662%
El Dorado County0.4896%
Fresno County2.9892%
Glenn County0.0950%
Humboldt County0.2275%
Imperial County0.2454%
Inyo County0.0736%
Kern County1.9901%
Kings County0.1907%
Lake County0.1012%
Lassen County0.0326%
Los Angeles County29.8019%
Madera County0.2624%
Marin County0.6103%
Mariposa County0.0402%
Mendocino County0.2709%
Merced County0.5739%
Modoc County0.0212%
Mono County0.0957%
Monterey County0.7669%
Napa County0.3259%
Nevada County0.1684%
Orange County8.6268%
Placer County0.7694%
Plumas County0.0772%
Riverside County3.2023%
Sacramento County5.1290%
San Benito County0.0777%
San Bernardino County5.2226%
San Diego County6.7499%
San Francisco County2.2669%
San Joaquin County1.7058%
San Luis Obispo County0.8299%
San Mateo County2.0628%
Santa Barbara County1.3638%
Santa Clara County6.0031%
Santa Cruz County0.6038%
Sierra County0.0055%
Siskiyou County0.1274%
Solano County1.1398%
Sonoma County1.4353%
Stanislaus County0.9300%
Sutter County0.1111%
Tehama County0.1139%
Tulare County1.1402%
Tuolumne County0.2059%
Ventura County2.2509%
Yolo County0.5491%
Yuba County0.1087%

 

17(c) (1) Funds allocated to the Local Community Corrections
18Account and to its successor, the Community Corrections
19Subaccount, from the Local Revenue Fund 2011 shall constitute
20the creation of the grant program in accordance with Section 30026
21and the appropriation to fund the Community Corrections Grant
22Program consistent with the provisions of Chapter 15 of the
23Statutes of 2011, and as identified in Section 636 of Chapter 15
24 of the Statutes of 2011. The funds from the Community Corrections
25Subaccount shall be allocated in the 2012-13 and 2013-14 fiscal
26years as follows:


27
28

 

Alameda County3.4667%
Alpine County0.0182%
Amador County0.1341%
Butte County0.6646%
Calaveras County0.0943%
Colusa County0.0513%
Contra Costa County2.2880%
Del Norte County0.0647%
El Dorado County0.3950%
Fresno County2.4658%
Glenn County0.0786%
Humboldt County0.3964%
Imperial County0.3709%
Inyo County0.0469%
Kern County2.7823%
Kings County0.7167%
Lake County0.2054%
Lassen County0.0923%
Los Angeles County31.7692%
Madera County0.4083%
Marin County0.5414%
Mariposa County0.0402%
Mendocino County0.2448%
Merced County0.6179%
Modoc County0.0198%
Mono County0.0343%
Monterey County0.9410%
Napa County0.2927%
Nevada County0.2100%
Orange County6.6797%
Placer County0.7340%
Plumas County0.0422%
Riverside County5.1232%
Sacramento County3.3308%
San Benito County0.1300%
San Bernardino County6.6254%
San Diego County7.0156%
San Francisco County2.0262%
San Joaquin County1.7534%
San Luis Obispo County0.6145%
San Mateo County1.5961%
Santa Barbara County0.9457%
Santa Clara County4.0037%
Santa Cruz County0.6139%
Shasta County0.7419%
Sierra County0.0182%
Siskiyou County0.1065%
Solano County1.0024%
Sonoma County1.0710%
Stanislaus County1.4525%
Sutter County0.2978%
Tehama County0.3032%
Trinity County0.0353%
Tulare County1.3899%
Tuolumne County0.1422%
Ventura County1.7880%
Yolo County0.7162%
Yuba County0.2487%
2324P20   5

 

10(2) Commencing with the 2014-15 fiscal year, funds allocated
11to the Community Corrections Subaccount from the Local Revenue
12Fund 2011 shall be allocated in monthly installments to the
13Community Corrections Subaccount held in each county’s or city
14and county’s County Local Revenue Fund 2011 pursuant to
15schedules developed by the Department of Finance in consultation
16with the California State Association of Counties.

17(d) (1) For the 2012-13 and 2013-14 fiscal years, funds
18allocated by the Controller to the District Attorney and Public
19Defender Subaccount from the Local Revenue Fund 2011 shall be
20allocated in monthly installments to the District Attorney and
21Public Defender Subaccount held in each county’s or city and
22county’s County Local Revenue Fund 2011 as follows:

 

Alameda County2.7104%
Alpine County0.0180%
Amador County0.1476%
Butte County0.7549%
Calaveras County0.0951%
Colusa County0.0560%
Contra Costa County1.4172%
Del Norte County0.0595%
El Dorado County0.3453%
Fresno County2.4875%
Glenn County0.0883%
Humboldt County0.4231%
Imperial County0.3633%
Inyo County0.0497%
Kern County3.0187%
Kings County0.7926%
Lake County0.2247%
Lassen County0.1032%
Los Angeles County31.7692%
Madera County0.4643%
Marin County0.3873%
Mariposa County0.0425%
Mendocino County0.2726%
Merced County0.6905%
Modoc County0.0182%
Mono County0.0258%
Monterey County1.0637%
Napa County0.2931%
Nevada County0.1505%
Orange County6.5321%
Placer County0.8254%
Plumas County0.0399%
Riverside County5.8375%
Sacramento County3.6563%
San Benito County0.1481%
San Bernardino County7.1875%
San Diego County7.0735%
San Francisco County1.5002%
San Joaquin County1.8909%
San Luis Obispo County0.6169%
San Mateo County1.2412%
Santa Barbara County1.0721%
Santa Clara County3.6030%
Santa Cruz County0.4848%
Shasta County0.8271%
Sierra County0.2097%
Siskiyou County0.1198%
Solano County1.0620%
Sonoma County0.9317%
Stanislaus County1.6617%
Sutter County0.3221%
Tehama County0.3338%
Trinity County0.0368%
Tulare County1.5667%
Tuolumne County0.1622%
Ventura County1.6280%
Yolo County0.8202%
Yuba County0.2760%
P20   5

 

6(2) Commencing with the 2014-15 fiscal year, funds allocated
7to the District Attorney and Public Defender Subaccount from the
8Local Revenue Fund 2011 shall be allocated in monthly
9installments to the District Attorney and Public Defender
10Subaccount held in each county’s or city and county’s County
11Local Revenue Fund 2011 pursuant to schedules developed by the
12Department of Finance in consultation with the California State
13Association of Counties.

14(e) Funds allocated to the Enhancing Law Enforcement
15Activities Subaccount in the Local Revenue Fund 2011 shall be
16allocated in accordance with the following:

17(1) Subdivisionbegin delete (c)end deletebegin insert (d)end insert of Section 29552.

18(2) Subdivisionbegin delete (f)end deletebegin insert (g)end insert of Section 30061.

19(3) Subdivisionbegin delete (b)end deletebegin insert (a)end insert of Section 30070.

20(4) Subdivision (c) of Section 13821 of the Penal Code.

21(5) Subdivision (b) of Section 18220 of the Welfare and
22Institutions Code.

23(6) Subdivisionbegin delete (b)end deletebegin insert (c)end insert of Section 18220.1 of the Welfare and
24Institutions Code.

25(f) begin deleteOn August 25 of each year, funds end deletebegin insertFunds end insertallocated to the
26Enhancing Law Enforcement Activities Growth Special Account
27in the Enhancing Law Enforcement Activities Subaccount in the
28Local Revenue Fund 2011 shall be allocated to the corresponding
29subaccount at the county level as follows:

30(1) An amount equaling 38.40 percent shall be allocated to
31counties for the purposes of Section 18221 of the Welfare and
32Institutions Code. The Controller shall allocate these funds pursuant
33to the percentages provided in subdivision (c) of Section 18220
34of the Welfare and Institutions Code.

35(2) An amount equaling 27.08 percent shall be allocated to
36countiesbegin delete pursuant to a schedule provided by the Department of
37Financeend delete
for the purposes specified in paragraphs (1) to (3),
38inclusive, of subdivision (b) of Section 30061.begin insert The Controller
39shall allocate these funds pursuant to the base allocation schedule
P21   1provided by the Department of Finance for that fiscal year pursuant
2to subdivision (g) of Section 30061.end insert

3(3) An amount equaling 27.08 percent shall be allocated to
4countiesbegin delete pursuant to a schedule to be provided by the Department
5of Financeend delete
for the purposes specified in paragraph (4) of
6subdivision (b) of Section 30061.begin insert The Controller shall allocate
7these funds pursuant to the base allocation schedule provided by
8the Department of Finance for that fiscal year pursuant to
9subdivision (g) of Section 30061.end insert

10(4) An amount equaling 7.44 percent shall be allocated to
11counties for the purposes of Section 18220.1 of the Welfare and
12Institutionsbegin delete Code, based on a schedule provided by the Department
13of Finance.end delete
begin insert Code. The Controller shall allocate these funds
14pursuant to the base allocation schedule provided by the
15Department of Finance for that fiscal year pursuant to subdivision
16(c) of Section 18220.1 of the Welfare and Institutions Code.end insert

17begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 30061 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
18read:end insert

19

30061.  

(a) There shall be established in each county treasury
20a Supplemental Law Enforcement Services Account (SLESA), to
21receive all amounts allocated to a county for purposes of
22implementing this chapter.

23(b) In any fiscal year for which a county receives moneys to be
24expended for the implementation of this chapter, the county auditor
25shall allocate the moneys in the county’s SLESA within 30 days
26of the deposit of those moneys into the fund. The moneys shall be
27allocated as follows:

28(1) Five and fifteen-hundredths percent to the county sheriff for
29county jail construction and operation. In the case of Madera,
30Napa, and Santa Clara Counties, this allocation shall be made to
31the county director or chief of corrections.

32(2) Five and fifteen-hundredths percent to the district attorney
33for criminal prosecution.

34(3) Thirty-nine and seven-tenths percent to the county and the
35cities within the county, and, in the case of San Mateo, Kern,
36Siskiyou, and Contra Costa Counties, also to the Broadmoor Police
37Protection District, the Bear Valley Community Services District,
38the Stallion Springs Community Services District, the Lake
39Shastina Community Services District, and the Kensington Police
40Protection and Community Services District, in accordance with
P22   1the relative population of the cities within the county and the
2unincorporated area of the county, and the Broadmoor Police
3Protection District in the County of San Mateo, the Bear Valley
4Community Services District and the Stallion Springs Community
5Services District in Kern County, the Lake Shastina Community
6Services District in Siskiyou County, and the Kensington Police
7Protection and Community Services District in Contra Costa
8County, as specified in the most recent January estimate by the
9population research unit of the Department of Finance, and as
10adjusted to provide, except as provided in subdivisionbegin delete (j),end deletebegin insert (i),end insert a
11grant of at least one hundred thousand dollars ($100,000) to each
12law enforcement jurisdiction. For a newly incorporated city whose
13population estimate is not published by the Department of Finance,
14but that was incorporated prior to July 1 of the fiscal year in which
15an allocation from the SLESA is to be made, the city manager, or
16an appointee of the legislative body, if a city manager is not
17available, and the county administrative or executive officer shall
18prepare a joint notification to the Department of Finance and the
19county auditor with a population estimate reduction of the
20unincorporated area of the county equal to the population of the
21newly incorporated city by July 15, or within 15 days after the
22Budget Act is enacted, of the fiscal year in which an allocation
23from the SLESA is to be made. No person residing within the
24Broadmoor Police Protection District, the Bear Valley Community
25Services District, the Stallion Springs Community Services District,
26the Lake Shastina Community Services District, or the Kensington
27Police Protection and Community Services District shall also be
28counted as residing within the unincorporated area of the County
29of San Mateo, Kern, Siskiyou, or Contra Costa, or within any city
30located within those counties. Except as provided in subdivision
31begin delete (j),end deletebegin insert (i),end insert the county auditor shall allocate a grant of at least one
32hundred thousand dollars ($100,000) to each law enforcement
33jurisdiction. Moneys allocated to the county pursuant to this
34subdivision shall be retained in the county SLESA, and moneys
35allocated to a city pursuant to this subdivision shall be deposited
36in an SLESA established in the city treasury.

37(4) Fifty percent to the county or city and county to implement
38a comprehensive multiagency juvenile justice plan as provided in
39this paragraph. The juvenile justice plan shall be developed by the
40local juvenile justice coordinating council in each county and city
P23   1and county with the membership described in Section 749.22 of
2the Welfare and Institutions Code. If a plan has been previously
3approved by the Corrections Standards Authority or, commencing
4July 1, 2012, by the Board of State and Community Corrections,
5the plan shall be reviewed and modified annually by the council.
6The plan or modified plan shall be approved by the county board
7of supervisors, and in the case of a city and county, the plan shall
8also be approved by the mayor. The plan or modified plan shall
9be submitted to the Board of State and Community Corrections
10by May 1 of each year.

11(A) Juvenile justice plans shall include, but not be limited to,
12all of the following components:

13(i) An assessment of existing law enforcement, probation,
14education, mental health, health, social services, drug and alcohol,
15and youth services resources that specifically target at-risk
16juveniles, juvenile offenders, and their families.

17(ii) An identification and prioritization of the neighborhoods,
18schools, and other areas in the community that face a significant
19public safety risk from juvenile crime, such as gang activity,
20daylight burglary, late-night robbery, vandalism, truancy, controlled
21substances sales, firearm-related violence, and juvenile substance
22abuse and alcohol use.

23(iii) A local juvenile justice action strategy that provides for a
24continuum of responses to juvenile crime and delinquency and
25demonstrates a collaborative and integrated approach for
26implementing a system of swift, certain, and graduated responses
27for at-risk youth and juvenile offenders.

28(iv) Programs identified in clause (iii) that are proposed to be
29funded pursuant to this subparagraph, including the projected
30amount of funding for each program.

31(B) Programs proposed to be funded shall satisfy all of the
32following requirements:

33(i) Be based on programs and approaches that have been
34demonstrated to be effective in reducing delinquency and
35addressing juvenile crime for any elements of response to juvenile
36crime and delinquency, including prevention, intervention,
37suppression, and incapacitation.

38(ii) Collaborate and integrate services of all the resources set
39forth in clause (i) of subparagraph (A), to the extent appropriate.

P24   1(iii) Employ information sharing systems to ensure that county
2actions are fully coordinated, and designed to provide data for
3measuring the success of juvenile justice programs and strategies.

4(iv) Adopt goals related to the outcome measures that shall be
5used to determine the effectiveness of the local juvenile justice
6action strategy.

7(C) The plan shall also identify the specific objectives of the
8programs proposed for funding and specified outcome measures
9to determine the effectiveness of the programs and contain an
10accounting for all program participants, including those who do
11not complete the programs. Outcome measures of the programs
12proposed to be funded shall include, but not be limited to, all of
13the following:

14(i) The rate of juvenile arrests per 100,000 population.

15(ii) The rate of successful completion of probation.

16(iii) The rate of successful completion of restitution and
17court-ordered community service responsibilities.

18(iv) Arrest, incarceration, and probation violation rates of
19program participants.

20(v) Quantification of the annual per capita costs of the program.

21(D) The Board of State and Community Corrections shall review
22plans or modified plans submitted pursuant to this paragraph within
2330 days upon receipt of submitted or resubmitted plans or modified
24plans. The board shall approve only those plans or modified plans
25that fulfill the requirements of this paragraph, and shall advise a
26submitting county or city and county immediately upon the
27approval of its plan or modified plan. The board shall offer, and
28provide, if requested, technical assistance to any county or city
29and county that submits a plan or modified plan not in compliance
30with the requirements of this paragraph. The SLESA shall only
31allocate funding pursuant to this paragraph upon notification from
32the board that a plan or modified plan has been approved.

33(E) To assess the effectiveness of programs funded pursuant to
34this paragraph using the program outcome criteria specified in
35subparagraph (C), the following periodic reports shall be submitted:

36(i) Each county or city and county shall report, beginning
37October 15, 2002, and annually each October 15 thereafter, to the
38county board of supervisors and the Board of State and Community
39Corrections, in a format specified by the board, on the programs
P25   1funded pursuant to this chapter and program outcomes as specified
2in subparagraph (C).

3(ii) The Board of State and Community Corrections shall
4compile the local reports and, by March 15, 2003, and annually
5thereafter, make a report to the Governor and the Legislature on
6program expenditures within each county and city and county from
7the appropriation for the purposes of this paragraph, on the
8outcomes as specified in subparagraph (C) of the programs funded
9pursuant to this paragraph and the statewide effectiveness of the
10comprehensive multiagency juvenile justice plans.

11(c) Subject to subdivision (d), for each fiscal year in which the
12county, each city, the Broadmoor Police Protection District, the
13Bear Valley Community Services District, the Stallion Springs
14Community Services District, the Lake Shastina Community
15Services District, and the Kensington Police Protection and
16Community Services District receive moneys pursuant to paragraph
17(3) of subdivision (b), the county, each city, and each district
18specified in this subdivision shall appropriate those moneys in
19accordance with the following procedures:

20(1) In the case of the county, the county board of supervisors
21shall appropriate existing and anticipated moneys exclusively to
22provide frontline law enforcement services, other than those
23services specified in paragraphs (1) and (2) of subdivision (b), in
24the unincorporated areas of the county, in response to written
25requests submitted to the board by the county sheriff and the district
26 attorney. Any request submitted pursuant to this paragraph shall
27specify the frontline law enforcement needs of the requesting
28entity, and those personnel, equipment, and programs that are
29necessary to meet those needs.

30(2) In the case of a city, the city council shall appropriate
31existing and anticipated moneys exclusively to fund frontline
32municipal police services, in accordance with written requests
33submitted by the chief of police of that city or the chief
34administrator of the law enforcement agency that provides police
35services for that city.

36(3) In the case of the Broadmoor Police Protection District
37within the County of San Mateo, the Bear Valley Community
38Services District or the Stallion Springs Community Services
39District within Kern County, the Lake Shastina Community
40Services District within Siskiyou County, or the Kensington Police
P26   1Protection and Community Services District within Contra Costa
2County, the legislative body of that special district shall appropriate
3existing and anticipated moneys exclusively to fund frontline
4municipal police services, in accordance with written requests
5submitted by the chief administrator of the law enforcement agency
6that provides police services for that special district.

7(d) For each fiscal year in which the county, a city, or the
8Broadmoor Police Protection District within the County of San
9Mateo, the Bear Valley Community Services District or the Stallion
10Springs Community Services District within Kern County, the
11Lake Shastina Community Services District within Siskiyou
12County, or the Kensington Police Protection and Community
13Services District within Contra Costa County receives any moneys
14pursuant to this chapter, in no event shall the governing body of
15any of those recipient agencies subsequently alter any previous,
16valid appropriation by that body, for that same fiscal year, of
17moneys allocated to the county or city pursuant to paragraph (3)
18of subdivision (b).

19(e) For the 2011-12 fiscal year, the Controller shall allocate
2023.54 percent of the amount deposited in the Local Law
21Enforcement Services Account in the Local Revenue Fund 2011
22for the purposes of paragraphs (1), (2), and (3) of subdivision (b),
23and shall allocate 23.54 percent for purposes of paragraph (4) of
24subdivision (b).

25(f) Commencing with the 2012-13 fiscal year, subsequent to
26the allocation described in subdivision (c) of Section 29552, the
27Controller shall allocate 23.54363596 percent of the remaining
28amount deposited in the Enhancing Law Enforcement Activities
29Subaccount in the Local Revenue Fund 2011 for the purposes of
30paragraphs (1) to (3), inclusive, of subdivision (b), and, subsequent
31to the allocation described in subdivision (c) of Section 29552,
32shall allocate 23.54363596 percent of the remaining amount for
33purposes of paragraph (4) of subdivision (b).

34(g) Commencing with the 2013-14 fiscal year, subsequent to
35the allocation described in subdivision (d) of Section 29552, the
36Controller shall allocate 23.54363596 percent of the remaining
37amount deposited in the Enhancing Law Enforcement Activities
38Subaccount in the Local Revenue Fund 2011 for the purposes of
39paragraphs (1) to (3), inclusive, of subdivision (b), and, subsequent
40to the allocation described in subdivision (d) of Section 29552,
P27   1shall allocate 23.54363596 percent of the remaining amount for
2purposes of paragraph (4) of subdivision (b). The Controller shall
3allocate funds in monthly installments to local jurisdictions for
4public safety in accordance with this section as annually calculated
5by the Director of Finance.

6(h) Funds received pursuant to subdivision (b) shall be expended
7or encumbered in accordance with this chapter no later than June
830 of the following fiscal year. A local agency that has not met
9the requirement of this subdivision shall remit unspent SLESA
10moneys received after April 1, 2009, to the Controller for deposit
11in the Local Safety and Protection Account, after April 1, 2012,
12to the Local Law Enforcement Services Account, and after July
131, 2012, to the County Enhancing Law Enforcement Activities
14Subaccount.begin insert This subdivision shall become inoperative on July 1,
152015.end insert

16(i) In the 2010-11 fiscal year, if the fourth quarter revenue
17derived from fees imposed by subdivision (a) of Section 10752.2
18of the Revenue and Taxation Code that are deposited in the General
19Fund and transferred to the Local Safety and Protection Account,
20and continuously appropriated to the Controller for allocation
21pursuant to this section, are insufficient to provide a minimum
22grant of one hundred thousand dollars ($100,000) to each law
23enforcement jurisdiction, the county auditor shall allocate the
24revenue proportionately, based on the allocation schedule in
25paragraph (3) of subdivision (b). The county auditor shall
26proportionately allocate, based on the allocation schedule in
27paragraph (3) of subdivision (b), all revenues received after the
28distribution of the fourth quarter allocation attributable to these
29fees for which payment was due prior to July 1, 2011, until all
30minimum allocations are fulfilled, at which point all remaining
31revenue shall be distributed proportionately among the other
32jurisdictions.

begin insert

33(j) The county auditor shall redirect unspent funds that were
34remitted after July 1, 2012, by a local agency to the County
35Enhancing Law Enforcement Activities Subaccount pursuant to
36subdivision (h), to the local agency that remitted the unspent funds
37in an amount equal to the amount remitted.

end insert
38begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 70602.6 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
39to read:end insert

P28   1

70602.6.  

(a) Notwithstanding any other law, a supplemental
2fee of forty dollars ($40) shall be collected for filing any first paper
3subject to the uniform fee that is set at three hundred fifty-five
4dollars ($355) under Sections 70611, 70612, 70650, 70651, 70652,
570653, 70655, 70658, and 70670. The total fee collected under
6these sections, which includes the supplemental fee, shall be
7deposited and distributed as provided in Sections 68085.3 and
868086.1, as applicable.

9(b) The fee imposed under this section is in addition to any other
10fees authorized by law, including, but not limited to, the fees
11authorized in Section 70602.5.

12(c) After the 2013-14 fiscal year, if the amount of the General
13Fund transfer to the Trial Court Trust Fund is decreased more than
1410 percent from the amount appropriated in the 2013-14 fiscal
15year and is not offset by another source of revenue other than court
16fees so as to result in a net reduction in funding greater than 10
17percent, then the amount of the supplemental fees provided in
18subdivision (a) shall be decreased proportionally. The Judicial
19Council shall adopt and publish a schedule setting the fees resulting
20from the decrease.

21(d) This section shall become inoperative onbegin delete July 1, 2015,end deletebegin insert July
221, 2018,end insert
and, as ofbegin delete January 1, 2016,end deletebegin insert January 1, 2019,end insert is repealed,
23unless a later enacted statute, that becomes operative on or before
24begin delete January 1, 2016,end deletebegin insert January 1, 2019,end insert deletes or extends the dates on
25which it becomes inoperative and is repealed.

26begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 70616 of the end insertbegin insertGovernment Codeend insertbegin insert, as amended
27by Section 41 of Chapter 41 of the Statutes of 2012, is amended
28to read:end insert

29

70616.  

(a) In addition to the first paper filing fee required by
30Section 70611 or 70613, a single complex case fee shall be paid
31to the clerk on behalf of all plaintiffs, whether filing separately or
32jointly, either at the time of the filing of the first paper if the case
33is designated as complex pursuant to the California Rules of Court,
34or, if no such designation was made, in each case in which a court
35determines that the case is a complex case pursuant to the
36California Rules of Court, within 10 calendar days of the filing of
37the court’s order.

38(b) In addition to the first appearance fee required under Section
3970612 or 70614, a complex case fee shall be paid on behalf of each
40defendant, intervenor, respondent, or adverse party, whether filing
P29   1separately or jointly, either at the time that party files its first paper
2in a case if the case is designated or counterdesignated as complex
3pursuant to the California Rules of Court, or, if no such designation
4was made, in each case in which a court determines that the case
5is a complex case pursuant to the California Rules of Court, within
610 calendar days of the filing of the court’s order. This additional
7complex fee shall be charged to each defendant, intervenor,
8respondent, or adverse party appearing in the case, but the total
9complex fees collected from all the defendants, intervenors,
10respondents, or other adverse parties appearing in a complex case
11shall not exceed eighteen thousand dollars ($18,000).

12(c) In each case in which the court determines that a case that
13has been designated or counterdesignated as complex is not a
14complex case, the court shall order reimbursement to the parties
15of the amount of any complex case fees that the parties have
16 previously paid pursuant to subdivision (a) or (b).

17(d) In each case determined to be complex in which the total
18fees actually collected exceed, or if collected would exceed, the
19limit in subdivision (b), the court shall make any order as is
20necessary to ensure that the total complex fees paid by the
21defendants, intervenors, respondents, or other adverse parties
22appearing in the case do not exceed the limit and that the complex
23fees paid by those parties are apportioned fairly among those
24parties.

25(e) The complex case fee established by this section shall be
26one thousand dollars ($1,000), unless the fee is reduced pursuant
27to this section. The fee shall be transmitted to the Trial Court Trust
28Fund as provided in Section 68085.1.

29(f) The fees provided by this section are in addition to the filing
30fee authorized by Section 70611, 70612, 70613, or 70614.

31(g) Failure to pay the fees required by this section shall have
32the same effect as the failure to pay a filing fee, and shall be subject
33to the same enforcement and penalties.

34(h) The amendments made to this section during the 2011-12
35Regular Session of the Legislature do not constitute a change in,
36but are declaratory of, existing law.

37(i) This section shall become inoperative onbegin delete July 1, 2015,end deletebegin insert July
381, 2018,end insert
and, as ofbegin delete January 1, 2016,end deletebegin insert January 1, 2019,end insert is repealed,
39unless a later enacted statute, that becomes operative on or before
P30   1begin delete January 1, 2016,end deletebegin insert January 1, 2019,end insert deletes or extends the dates on
2which it becomes inoperative and is repealed.

3begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 70616 of the end insertbegin insertGovernment Codeend insertbegin insert, as added by
4Section 42 of Chapter 41 of the Statutes of 2012, is amended to
5read:end insert

6

70616.  

(a) In addition to the first paper filing fee required by
7Section 70611 or 70613, a single complex case fee shall be paid
8to the clerk on behalf of all plaintiffs, whether filing separately or
9jointly, either at the time of the filing of the first paper if the case
10is designated as complex pursuant to the California Rules of Court,
11or, if no such designation was made, in each case in which a court
12determines that the case is a complex case pursuant to the
13California Rules of Court, within 10 calendar days of the filing of
14the court’s order.

15(b) In addition to the first appearance fee required under Section
1670612 or 70614, a complex case fee shall be paid on behalf of each
17defendant, intervenor, respondent, or adverse party, whether filing
18separately or jointly, either at the time that party files its first paper
19in a case if the case is designated or counterdesignated as complex
20pursuant to the California Rules of Court, or, if no such designation
21was made, in each case in which a court determines that the case
22is a complex case pursuant to the California Rules of Court, within
2310 calendar days of the filing of the court’s order. This additional
24complex fee shall be charged to each defendant, intervenor,
25respondent, or adverse party appearing in the case, but the total
26complex fees collected from all the defendants, intervenors,
27respondents, or other adverse parties appearing in a complex case
28shall not exceed ten thousand dollars ($10,000).

29(c) In each case in which the court determines that a case that
30has been designated or counterdesignated as complex is not a
31complex case, the court shall order reimbursement to the parties
32of the amount of any complex case fees that the parties have
33previously paid pursuant to subdivision (a) or (b).

34(d) In each case determined to be complex in which the total
35fees actually collected exceed, or if collected would exceed, the
36limit in subdivision (b), the court shall make any order as is
37necessary to ensure that the total complex fees paid by the
38defendants, intervenors, respondents, or other adverse parties
39appearing in the case do not exceed the limit and that the complex
P31   1fees paid by those parties are apportioned fairly among those
2parties.

3(e) The complex case fee established by this section shall be
4five hundred fifty dollars ($550), unless the fee is reduced pursuant
5to this section. The fee shall be transmitted to the Trial Court Trust
6Fund as provided in Section 68085.1.

7(f) The fees provided by this section are in addition to the filing
8fee authorized by Section 70611, 70612, 70613, or 70614.

9(g) Failure to pay the fees required by this section shall have
10the same effect as the failure to pay a filing fee, and shall be subject
11to the same enforcement and penalties.

12(h) The amendments made to the predecessor to this section
13during the 2011-12 Regular Session of the Legislature do not
14constitute a change in, but are declaratory of, existing law.

15(i) This section shall become operative onbegin delete July 1, 2015.end deletebegin insert July 1,
162018.end insert

17begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 70617 of the end insertbegin insertGovernment Codeend insertbegin insert, as amended
18by Section 43 of Chapter 41 of the Statutes of 2012, is amended
19to read:end insert

20

70617.  

(a) Except as provided in subdivisions (d) and (e), the
21uniform fee for filing a motion, application, or any other paper
22requiring a hearing subsequent to the first paper, is sixty dollars
23($60). Papers for which this fee shall be charged include the
24following:

25(1) A motion listed in paragraphs (1) to (12), inclusive, of
26subdivision (a) of Section 1005 of the Code of Civil Procedure.

27(2) A motion or application to continue a trial date.

28(3) An application for examination of a third person controlling
29defendant’s property under Section 491.110 or 491.150 of the
30Code of Civil Procedure.

31(4) Discovery motions under Title 4 (commencing with Section
322016.010) of Part 4 of the Code of Civil Procedure.

33(5) A motion for a new trial of any civil action or special
34proceeding.

35(6) An application for an order for a judgment debtor
36examination under Section 708.110 or 708.160 of the Code of
37Civil Procedure.

38(7) An application for an order of sale of a dwelling under
39Section 704.750 of the Code of Civil Procedure.

P32   1(8) An ex parte application that requires a party to give notice
2of the ex parte appearance to other parties.

3(b) There shall be no fee under subdivision (a) or (c) for filing
4any of the following:

5(1) A motion, application, demurrer, request, notice, or
6stipulation and order that is the first paper filed in an action and
7on which a first paper filing fee is paid.

8(2) An amended notice of motion.

9(3) A civil case management statement.

10(4) A request for trial de novo after judicial arbitration.

11(5) A stipulation that does not require an order.

12(6) A request for an order to prevent civil harassment.

13(7) A request for an order to prevent domestic violence.

14(8) A request for entry of default or default judgment.

15(9) A paper requiring a hearing on a petition for emancipation
16of a minor.

17(10) A paper requiring a hearing on a petition for an order to
18prevent abuse of an elder or dependent adult.

19(11) A paper requiring a hearing on a petition for a writ of
20review, mandate, or prohibition.

21(12) A paper requiring a hearing on a petition for a decree of
22change of name or gender.

23(13) A paper requiring a hearing on a petition to approve the
24compromise of a claim of a minor.

25(c) The fee for filing the following papers not requiring a hearing
26is twenty dollars ($20):

27(1) A request, application, or motion for, or a notice of, the
28continuance of a hearing or case management conference. The fee
29shall be charged no more than once for each continuance. The fee
30shall not be charged if the continuance is required by the court.

31(2) A stipulation and order.

32(3) A request for an order authorizing service of summons by
33posting or by publication under Section 415.45 or 415.50 of the
34Code of Civil Procedure.

35(d) The fee for filing a motion for summary judgment or
36summary adjudication of issues is five hundred dollars ($500).

37(e) (1) The fee for filing in the superior court an application to
38appear as counsel pro hac vice is five hundred dollars ($500). This
39fee is in addition to any other fee required of the applicant. Two
40hundred fifty dollars ($250) of the fee collected under this
P33   1paragraph shall be transmitted to the state for deposit into the
2Immediate and Critical Needs Account of the State Court Facilities
3Construction Fund, established in Section 70371.5. The remaining
4two hundred fifty dollars ($250) of the fee shall be transmitted to
5the state for deposit into the Trial Court Trust Fund, established
6in Section 68085.

7(2) An attorney whose application to appear as counsel pro hac
8vice has been granted shall pay to the superior court, on or before
9the anniversary of the date the application was granted, an annual
10renewal fee of five hundred dollars ($500) for each year that the
11attorney maintains pro hac vice status in the case in which the
12application was granted. The entire fee collected under this
13paragraph shall be transmitted to the state for deposit into the Trial
14Court Trust Fund, established in Section 68085.

15(f) Regardless of whether each motion or matter is heard at a
16single hearing or at separate hearings, the filing fees required by
17subdivisions (a), (c), (d), and (e) apply separately to each motion
18or other paper filed. The Judicial Council may publish rules to
19give uniform guidance to courts in applying fees under this section.

20(g) This section shall become inoperative onbegin delete July 1, 2015,end deletebegin insert July
211, 2018,end insert
and, as ofbegin delete January 1, 2016,end deletebegin insert January 1, 2019,end insert is repealed,
22unless a later enacted statute, that becomes operative on or before
23begin delete January 1, 2016,end deletebegin insert January 1, 2019,end insert deletes or extends the dates on
24which it becomes inoperative and is repealed.

25begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 70617 of the end insertbegin insertGovernment Codeend insertbegin insert, as amended
26by Section 44 of Chapter 41 of the Statutes of 2012, is amended
27to read:end insert

28

70617.  

(a) Except as provided in subdivisions (d) and (e), the
29uniform fee for filing a motion, application, or any other paper
30requiring a hearing subsequent to the first paper, is forty dollars
31($40). Papers for which this fee shall be charged include the
32following:

33(1) A motion listed in paragraphs (1) to (12), inclusive, of
34subdivision (a) of Section 1005 of the Code of Civil Procedure.

35(2) A motion or application to continue a trial date.

36(3) An application for examination of a third person controlling
37defendant’s property under Section 491.110 or 491.150 of the
38Code of Civil Procedure.

39(4) Discovery motions under Title 4 (commencing with Section
402016.010) of Part 4 of the Code of Civil Procedure.

P34   1(5) A motion for a new trial of any civil action or special
2proceeding.

3(6) An application for an order for a judgment debtor
4examination under Section 708.110 or 708.160 of the Code of
5Civil Procedure.

6(7) An application for an order of sale of a dwelling under
7Section 704.750 of the Code of Civil Procedure.

8(8) An ex parte application that requires a party to give notice
9of the ex parte appearance to other parties.

10(b) There shall be no fee under subdivision (a) or (c) for filing
11any of the following:

12(1) A motion, application, demurrer, request, notice, or
13stipulation and order that is the first paper filed in an action and
14on which a first paper filing fee is paid.

15(2) An amended notice of motion.

16(3) A civil case management statement.

17(4) A request for trial de novo after judicial arbitration.

18(5) A stipulation that does not require an order.

19(6) A request for an order to prevent civil harassment.

20(7) A request for an order to prevent domestic violence.

21(8) A request for entry of default or default judgment.

22(9) A paper requiring a hearing on a petition for emancipation
23of a minor.

24(10) A paper requiring a hearing on a petition for an order to
25prevent abuse of an elder or dependent adult.

26(11) A paper requiring a hearing on a petition for a writ of
27review, mandate, or prohibition.

28(12) A paper requiring a hearing on a petition for a decree of
29change of name or gender.

30(13) A paper requiring a hearing on a petition to approve the
31compromise of a claim of a minor.

32(c) The fee for filing the following papers not requiring a hearing
33is twenty dollars ($20):

34(1) A request, application, or motion for, or a notice of, the
35continuance of a hearing or case management conference. The fee
36shall be charged no more than once for each continuance. The fee
37shall not be charged if the continuance is required by the court.

38(2) A stipulation and order.

P35   1(3) A request for an order authorizing service of summons by
2posting or by publication under Section 415.45 or 415.50 of the
3Code of Civil Procedure.

4(d) The fee for filing a motion for summary judgment or
5summary adjudication of issues is five hundred dollars ($500).

6(e) (1) The fee for filing in the superior court an application to
7appear as counsel pro hac vice is five hundred dollars ($500). This
8fee is in addition to any other fee required of the applicant. Two
9hundred fifty dollars ($250) of the fee collected under this
10paragraph shall be transmitted to the state for deposit into the
11Immediate and Critical Needs Account of the State Court Facilities
12Construction Fund, established in Section 70371.5. The remaining
13two hundred fifty dollars ($250) of the fee shall be transmitted to
14the state for deposit into the Trial Court Trust Fund, established
15in Section 68085.

16(2) An attorney whose application to appear as counsel pro hac
17vice has been granted shall pay to the superior court, on or before
18the anniversary of the date the application was granted, an annual
19renewal fee of five hundred dollars ($500) for each year that the
20attorney maintains pro hac vice status in the case in which the
21application was granted. The entire fee collected under this
22paragraph shall be transmitted to the state for deposit into the Trial
23Court Trust Fund, established in Section 68085.

24(f) Regardless of whether each motion or matter is heard at a
25single hearing or at separate hearings, the filing fees required by
26subdivisions (a), (c), (d), and (e) apply separately to each motion
27or other paper filed. The Judicial Council may publish rules to
28give uniform guidance to courts in applying fees under this section.

29(g) This section shall become operative onbegin delete July 1, 2015.end deletebegin insert July
301, 2018.end insert

31begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 70657 of the end insertbegin insertGovernment Codeend insertbegin insert, as amended
32by Section 47 of Chapter 41 of the Statutes of 2012, is amended
33to read:end insert

34

70657.  

(a) Except as provided in subdivision (c), the uniform
35fee for filing a motion or other paper requiring a hearing subsequent
36to the first paper in a proceeding under the Probate Code, other
37than a petition or application or opposition described in Sections
3870657.5 and 70658, is sixty dollars ($60). This fee shall be charged
39for the following papers:

40(1) Papers listed in subdivision (a) of Section 70617.

P36   1(2) Applications for ex parte relief, whether or not notice of the
2application to any person is required, except an ex parte petition
3for discharge of a personal representative, conservator, or guardian
4upon completion of a court-ordered distribution or transfer, for
5which no fee shall be charged.

6(3) Petitions or applications, or objections, filed subsequent to
7issuance of temporary letters of conservatorship or guardianship
8or letters of conservatorship or guardianship that are not subject
9to the filing fee provided in subdivision (a) of Section 70658.

10(4) The first or subsequent petition for temporary letters of
11conservatorship or guardianship.

12(b) There shall be no fee under subdivision (a) for filing any of
13the papers listed under subdivision (b) of Section 70617.

14(c) The summary judgment fee provided in subdivision (d) of
15Section 70617 shall apply to summary judgment motions in
16proceedings under the Probate Code.

17(d) Regardless of whether each motion or matter is heard at a
18single hearing or at separate hearings, the filing fees required by
19subdivisions (a) and (c) apply separately to each motion or other
20paper filed. The Judicial Council may publish rules to give uniform
21guidance to courts in applying fees under this section.

22(e) No fee is payable under this section for a petition or
23opposition filed subsequent to issuance of letters of temporary
24guardianship or letters of guardianship in a guardianship described
25in Section 70654.

26(f) This section shall become inoperative onbegin delete July 1, 2015,end deletebegin insert July
271, 2018,end insert
and, as ofbegin delete January 1, 2016,end deletebegin insert January 1, 2019,end insert is repealed,
28unless a later enacted statute, that becomes operative on or before
29begin delete January 1, 2016,end deletebegin insert January 1, 2019,end insert deletes or extends the dates on
30which it becomes inoperative and is repealed.

31begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 70657 of the end insertbegin insertGovernment Codeend insertbegin insert, as added by
32Section 48 of Chapter 41 of the Statutes of 2012, is amended to
33read:end insert

34

70657.  

(a) Except as provided in subdivision (c), the uniform
35fee for filing a motion or other paper requiring a hearing subsequent
36to the first paper in a proceeding under the Probate Code, other
37than a petition or application or opposition described in Sections
3870657.5 and 70658, is forty dollars ($40). This fee shall be charged
39for the following papers:

40(1) Papers listed in subdivision (a) of Section 70617.

P37   1(2) Applications for ex parte relief, whether or not notice of the
2application to any person is required, except an ex parte petition
3for discharge of a personal representative, conservator, or guardian
4upon completion of a court-ordered distribution or transfer, for
5which no fee shall be charged.

6(3) Petitions or applications, or objections, filed subsequent to
7issuance of temporary letters of conservatorship or guardianship
8or letters of conservatorship or guardianship that are not subject
9to the filing fee provided in subdivision (a) of Section 70658.

10(4) The first or subsequent petition for temporary letters of
11conservatorship or guardianship.

12(b) There shall be no fee under subdivision (a) for filing any of
13the papers listed under subdivision (b) of Section 70617.

14(c) The summary judgment fee provided in subdivision (d) of
15Section 70617 shall apply to summary judgment motions in
16proceedings under the Probate Code.

17(d) Regardless of whether each motion or matter is heard at a
18single hearing or at separate hearings, the filing fees required by
19subdivisions (a) and (c) apply separately to each motion or other
20paper filed. The Judicial Council may publish rules to give uniform
21guidance to courts in applying fees under this section.

22(e) No fee is payable under this section for a petition or
23opposition filed subsequent to issuance of letters of temporary
24guardianship or letters of guardianship in a guardianship described
25in Section 70654.

26(f) This section shall become operative onbegin delete July 1, 2015.end deletebegin insert July 1,
272018.end insert

28begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 70677 of the end insertbegin insertGovernment Codeend insertbegin insert, as amended
29by Section 49 of Chapter 41 of the Statutes of 2012, is amended
30to read:end insert

31

70677.  

(a) The uniform fee for filing any motion, application,
32order to show cause, or any other paper requiring a hearing
33subsequent to the first paper is sixty dollars ($60). Papers for which
34this fee shall be charged include the following:

35(1) Papers listed in subdivision (a) of Section 70617.

36(2) An order to show cause or notice of motion seeking
37temporary prejudgment or postjudgment orders, including, but not
38limited to, orders to establish, modify, or enforce child, spousal,
39or partner support, custody and visitation of children, division and
40control of property, attorney’s fees, and bifurcation of issues.

P38   1(b) There shall be no fee under subdivision (a) of this section
2for filing any of the following:

3(1) A motion, motion to quash proceeding, application, or
4demurrer that is the first paper filed in an action and on which a
5first paper filing fee is paid.

6(2) An amended notice of motion or amended order to show
7cause.

8(3) A statement to register foreign support under Section 4951
9of the Family Code.

10(4) An application to determine the judgment after entry of
11default.

12(5) A request for an order to prevent domestic violence.

13(6) A paper requiring a hearing on a petition for writ of review,
14mandate, or prohibition that is the first paper filed in an action and
15on which a first paper filing fee has been paid.

16(7) A stipulation that does not require an order.

17(c) The uniform fee for filing the following papers not requiring
18a hearing is twenty dollars ($20):

19(1) A request, application, or motion for the continuance of a
20hearing or case management conference.

21(2) A stipulation and order.

22(d) Regardless of whether each motion or matter is heard at a
23single hearing or at separate hearings, the filing fees required under
24paragraph (1) of subdivision (a) and under subdivision (c) apply
25separately to each motion or other paper filed. If an order to show
26cause or notice of motion is filed as specified in paragraph (2) of
27subdivision (a) combining requests for relief or opposition to relief
28on more than one issue, only one filing fee shall be charged under
29this section. The Judicial Council may publish rules to give uniform
30guidance to courts in applying fees under this section.

31(e) This section shall become inoperative onbegin delete July 1, 2015,end deletebegin insert July
321, 2018,end insert
and, as ofbegin delete January 1, 2016,end deletebegin insert January 1, 2019,end insert is repealed,
33unless a later enacted statute, that becomes operative on or before
34begin delete January 1, 2016,end deletebegin insert January 1, 2019,end insert deletes or extends the dates on
35which it becomes inoperative and is repealed.

36begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 70677 of the end insertbegin insertGovernment Codeend insertbegin insert, as added by
37Section 50 of Chapter 41 of the Statutes of 2012, is amended to
38read:end insert

39

70677.  

(a) The uniform fee for filing any motion, application,
40order to show cause, or any other paper requiring a hearing
P39   1subsequent to the first paper is forty dollars ($40). Papers for which
2this fee shall be charged include the following:

3(1) Papers listed in subdivision (a) of Section 70617.

4(2) An order to show cause or notice of motion seeking
5temporary prejudgment or postjudgment orders, including, but not
6limited to, orders to establish, modify, or enforce child, spousal,
7or partner support, custody and visitation of children, division and
8control of property, attorney’s fees, and bifurcation of issues.

9(b) There shall be no fee under subdivision (a) of this section
10for filing any of the following:

11(1) A motion, motion to quash proceeding, application, or
12demurrer that is the first paper filed in an action and on which a
13first paper filing fee is paid.

14(2) An amended notice of motion or amended order to show
15cause.

16(3) A statement to register foreign support under Section 4951
17of the Family Code.

18(4) An application to determine the judgment after entry of
19default.

20(5) A request for an order to prevent domestic violence.

21(6) A paper requiring a hearing on a petition for writ of review,
22mandate, or prohibition that is the first paper filed in an action and
23on which a first paper filing fee has been paid.

24(7) A stipulation that does not require an order.

25(c) The uniform fee for filing the following papers not requiring
26a hearing is twenty dollars ($20):

27(1) A request, application, or motion for the continuance of a
28hearing or case management conference.

29(2) A stipulation and order.

30(d) Regardless of whether each motion or matter is heard at a
31single hearing or at separate hearings, the filing fees required under
32paragraph (1) of subdivision (a) and under subdivision (c) apply
33separately to each motion or other paper filed. If an order to show
34cause or notice of motion is filed as specified in paragraph (2) of
35subdivision (a) combining requests for relief or opposition to relief
36on more than one issue, only one filing fee shall be charged under
37this section. The Judicial Council may publish rules to give uniform
38guidance to courts in applying fees under this section.

39(e) This section shall become operative onbegin delete July 1, 2015.end deletebegin insert July 1,
402018.end insert

P40   1begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 1230 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

2

1230.  

(a) Each county is hereby authorized to establish in each
3county treasury a Community Corrections Performance Incentives
4Fund (CCPIF), to receive all amounts allocated to that county for
5purposes of implementing this chapter.

6(b) Notwithstanding any other law, in any fiscal year for which
7a county receives moneys to be expended for the implementation
8of this chapter, the moneys, including any interest, shall be made
9available to the CPO of that county, within 30 days of the deposit
10of those moneys into the fund, for the implementation of the
11community corrections program authorized by this chapter.

12(1) The community corrections program shall be developed and
13implemented by probation and advised by a local Community
14Corrections Partnership.

15(2) The local Community Corrections Partnership shall be
16chaired by the CPO and comprised of the following membership:

17(A) The presiding judge of the superior court, or his or her
18designee.

19(B) A county supervisor or the chief administrative officer for
20the county or a designee of the board of supervisors.

21(C) The district attorney.

22(D) The public defender.

23(E) The sheriff.

24(F) A chief of police.

25(G) The head of the county department of social services.

26(H) The head of the county department of mental health.

27(I) The head of the county department of employment.

28(J) The head of the county alcohol and substance abuse
29programs.

30(K) The head of the county office of education.

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

34(M) An individual who represents the interests of victims.

35(3) Funds allocated to probation pursuant to this act shall be
36used to provide supervision and rehabilitative services for adult
37felony offenders subject to local supervision, and shall be spent
38on evidence-based community corrections practices and programs,
39as defined in subdivision (d) of Section 1229, which may include,
40but are not limited to, the following:

P41   1(A) Implementing and expanding evidence-based risk and needs
2assessments.

3(B) Implementing and expanding intermediate sanctions that
4include, but are not limited to, electronic monitoring, mandatory
5community service, home detention, day reporting, restorative
6justice programs, work furlough programs, and incarceration in
7county jail for up to 90 days.

8(C) Providing more intensive local supervision.

9(D) Expanding the availability of evidence-based rehabilitation
10programs including, but not limited to, drug and alcohol treatment,
11mental health treatment, anger management, cognitive behavior
12programs, and job training and employment services.

13(E) Evaluating the effectiveness of rehabilitation and supervision
14programs and ensuring program fidelity.

15(4) Notwithstanding any other law, the CPO shall have discretion
16to spend funds on any of the above practices and programs
17consistent with this act but, at a minimum, shall devote at least 5
18percent of all funding received to evaluate the effectiveness of
19those programs and practices implemented with the funds provided
20pursuant to this chapter. A CPO may petition thebegin delete Administrative
21Office of the Courtsend delete
begin insert Judicial Councilend insert to have this restriction
22waived, and thebegin delete Administrative Office of the Courtsend deletebegin insert Judicial
23Councilend insert
shall have the authority to grant such a petition, if the CPO
24can demonstrate that the department is already devoting sufficient
25funds to the evaluation of these programs and practices.

26(5) Each probation department receiving funds under this chapter
27shall maintain a complete and accurate accounting of all funds
28received pursuant to this chapter.

29begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 1231 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

30

1231.  

(a) Community corrections programs funded pursuant
31to thisbegin delete actend deletebegin insert chapterend insert shall identify and track specific outcome-based
32measures consistent with the goals of this act.

33(b) Thebegin delete Administrative Office of the Courts,end deletebegin insert Judicial Council,end insert
34 in consultation with the Chief Probation Officers of California,
35shall specify and define minimum required outcome-based
36measures, which shall include, but not be limited to, all of the
37following:

38(1) The percentage of persons subject to local supervision who
39are being supervised in accordance with evidence-based practices.

P42   1(2) The percentage of state moneys expended for programs that
2are evidence based, and a descriptive list of all programs that are
3evidence based.

4(3) Specification of supervision policies, procedures, programs,
5and practices that were eliminated.

6(4) The percentage of persons subject to local supervision who
7successfully complete the period of supervision.

8(c) Each CPO receiving funding pursuant to Sections 1233 to
91233.6, inclusive, shall provide an annual written report to the begin delete10 Administrative Office of the Courtsend delete begin insert Judicial Council,end insert evaluating
11the effectiveness of the community corrections program, including,
12but not limited to, the data described in subdivision (b).

13(d) Thebegin delete Administrative Office of the Courtsend deletebegin insert Judicial Council,end insert
14 shall, in consultation with the CPO of each county and the
15Department of Corrections and Rehabilitation, provide a quarterly
16statistical report to the Department of Finance including, but not
17limited to, the following statistical information for each county:

18(1) The number of felony filings.

19(2) The number of felony convictions.

20(3) The number of felony convictions in which the defendant
21was sentenced to the state prison.

22(4) The number of felony convictions in which the defendant
23was granted probation.

24(5) The adult felon probation population.

25(6) The number ofbegin delete felonsend deletebegin insert adult felony probationersend insert who had
26their probationbegin insert terminated andend insert revoked and were sent tobegin insert stateend insert
27 prison for that revocation.

28(7) The number of adult felony probationers sent to state prison
29for a conviction of a new felony offense, including when probation
30was revoked or terminated.

31(8) The number ofbegin delete felonsend deletebegin insert adult felony probationersend insert who had
32their probation revoked and were sent to county jail for that
33revocation.

34(9) The number of adult felony probationers sent to county jail
35for a conviction of a new felony offense, including when probation
36was revoked or terminated.

37(10) The number of felons placed on postrelease community
38supervision, commencing January 1, 2012.

39(11) The number of felons placed on mandatory supervision,
40commencing January 1, 2012.

P43   1(12) The mandatory supervision population, commencing
2January 1, 2012.

3(13) The postrelease community supervision population,
4commencing January 1, 2012.

5(14) The number of felons on postrelease community supervision
6sentenced to state prison for a conviction of a new felony offense,
7commencing January 1, 2012.

8(15) The number of felons on mandatory supervision sentenced
9to state prison for a conviction of a new felony offense,
10commencing January 1, 2012.

11(16) The number of felons who had their postrelease community
12supervision revoked and were sent to county jail for that revocation,
13commencing January 1, 2012.begin insert This number shall not include felons
14on postrelease community supervision who are subject to flash
15incarceration pursuant to Section 3453.end insert

16(17) The number of felons on postrelease community supervision
17sentenced to county jail for a conviction of a new felony offense,
18including when postrelease community supervision was revoked
19or terminated, commencing January 1, 2012.

20(18) The number of felons who had their mandatory supervision
21revoked and were sentenced to county jail for that revocation,
22commencing January 1, 2012.

23(19) The number of felons on mandatory supervision sentenced
24to county jail for a conviction of a new felony offense, including
25when mandatory supervision was revoked or terminated,
26commencing January 1, 2012.

27begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 1232 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

28

1232.  

Commencing no later than 18 months following the
29initial receipt of funding pursuant to thisbegin delete actend deletebegin insert chapterend insert and annually
30thereafter, thebegin delete Administrative Office of the Courts,end deletebegin insert Judicial
31Council,end insert
in consultation with the Department of Corrections and
32Rehabilitation, the Department of Finance, and the Chief Probation
33Officers of California, shall submit to the Governor and the
34Legislature a comprehensive report on the implementation of this
35begin delete act.end deletebegin insert chapter.end insert The report shall include, but not be limited to, all of
36the following information:

37(a) The effectiveness of the community corrections program
38based on the reports of performance-based outcome measures
39required in Section 1231.

P44   1(b) The percentage of offenders subject to local supervision
2whose supervision was revoked and who were sent to prisonbegin delete or
3jailend delete
for the year on which the report is being made.

4(c) The percentage of offenders subject to local supervision who
5were convicted of crimes during their term of supervision for the
6year on which the report is being made.

7(d) The impact of the moneys appropriated pursuant to thisbegin delete actend delete
8begin insert chapterend insert to enhance public safety by reducing the percentage and
9number of offenders subject to local supervision whose supervision
10was revoked for the year being reported on for violations or new
11convictions, and to reduce the number of offenders subject to local
12supervision who are sentenced to prisonbegin delete or jailend delete for a new conviction
13for the year on which the report is being made.

14(e) Any recommendations regarding resource allocations or
15additional collaboration with other state, regional, federal, or local
16entities for improvements to thisbegin delete act.end deletebegin insert chapter.end insert

17begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 1233 of the end insertbegin insertPenal Codeend insertbegin insert is repealed.end insert

begin delete
18

1233.  

(a) The Director of Finance, in consultation with the
19Department of Corrections and Rehabilitation, the Joint Legislative
20Budget Committee, the Chief Probation Officers of California,
21and the Administrative Office of the Courts, shall, for each county,
22calculate a baseline probation failure rate that equals the weighted
23average number of adult felony probationers sent to state prison
24during calendar years 2006 to 2008, inclusive, as a percentage of
25the weighted average adult felony probation population during the
26same period.

27(b) For purposes of calculating the baseline probation failure
28rate, the number of adult felony probationers sent to prison shall
29include those adult felony probationers sent to state prison for a
30revocation of probation, as well as adult felony probationers sent
31to state prison for a conviction of a new felony offense. The
32calculation shall also include adult felony probationers sent to
33prison for conviction of a new crime who simultaneously have
34their probation term terminated.

end delete
35begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 1233.1 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

36

1233.1.  

After the conclusion of each calendar year, the Director
37of Finance, in consultation with the Department of Corrections
38and Rehabilitation, the Joint Legislative Budget Committee, the
39Chief Probation Officers of California, and thebegin delete Administrative
P45   1Office of the Courts,end delete
begin insert Judicial Council,end insert shall calculate the following
2for that calendar year:

3(a) The cost to the state to incarcerate in a contract facility and
4supervise on parole an offender who fails local supervision and is
5sent to prison. begin delete This calculation shall take into consideration factors,
6including, but not limited to, the average length of stay in prison
7for offenders subject to local supervision and the average length
8of parole for offenders who failed local supervision and were sent
9to prison.end delete

10(b) begin deleteBeginning with the 2013 calendar year, the end deletebegin insertThe end insertstatewide
11probation failure rate shall be calculated as the total number of
12adult felony probationers statewide sent tobegin delete prison, or to jail
13pursuant to paragraph (5) of subdivision (h) of Section 1170,end delete
begin insert state
14prisonend insert
as a percentage of the average statewide adult felony
15probation population for that year.

16(c) begin deleteBeginning with the 2013 calendar year, the end deletebegin insertThe end insertprobation
17 failure rate for each county shall be calculated as the total number
18of adult felony probationers sent to begin delete prison, or to jail pursuant to
19paragraph (5) of subdivision (h) of Section 1170,end delete
begin insert state prisonend insert from
20that county, as a percentage of the county’s average adult felony
21probation population for that year.

22(d) An estimate of the number of adult felony probationers each
23county successfully prevented from beingbegin delete incarcerated.end delete
24begin insert incarcerated in state prison.end insert For each county, this estimate shall
25be calculated based on the reduction in the county’s probation
26failure rate as calculated annually pursuant to subdivision begin delete (c) and
27the county’s baseline probation failure rate as calculated pursuant
28to Section 1233. In making this estimate, the Director of Finance,
29in consultation with the Department of Corrections and
30Rehabilitation, the Joint Legislative Budget Committee, the Chief
31Probation Officers of California, and the Administrative Office of
32the Courts, shall adjust the calculations to account for changes in
33each county’s adult felony probation caseload in the most recent
34completed calendar year as compared to the county’s adult felony
35probation population during the 2006 to 2008, inclusive, calendar
36period.end delete
begin insert (c) for that year and the county’s probation failure rate
37from the previous year.end insert

38(e) begin deleteBeginning with the 2013 calendar year, in end deletebegin insertIn end insertcalculating
39probation failurebegin insert to prisonend insert rates for the state and individual
40counties, the number of adult felony probationers sent tobegin delete prison,
P46   1or to jail pursuant to paragraph (5) of subdivision (h) of Section
21170,end delete
begin insert state prisonend insert shall include those adult felony probationers
3sent tobegin delete prison, or to jail pursuant to paragraph (5) of subdivision
4(h) of Section 1170,end delete
begin insert state prisonend insert for a revocation of probation, as
5well as adult felony probationers sent tobegin delete prison, or to jail pursuant
6to paragraph (5) of subdivision (h) of Section 1170,end delete
begin insert state prisonend insert
7 for a conviction of a new felony offense. The calculation shall also
8include adult felony probationers who are sent tobegin delete prison, or to jail
9pursuant to paragraph (5) of subdivision (h) of Section 1170,end delete
begin insert state
10prisonend insert
for a conviction of a new crime and who simultaneously
11have their probation terms terminated.

12(f) The statewide mandatory supervision failure to prison rate.
13The statewide mandatory supervision failure to prison rate shall
14be calculated as the total number of offenders supervised under
15mandatory supervision pursuant to subparagraph (B) of paragraph
16(5) of subdivision (h) of Section 1170, statewide, sent to prison in
17the previous calendar year as a percentage of the average statewide
18mandatory supervision population for that year.

19(g) A mandatory supervision failure to prison rate for each
20county. Each county’s mandatory supervision failure to prison rate
21shall be calculated as the number of offenders supervised under
22mandatory supervision pursuant to subparagraph (B) of paragraph
23(5) of subdivision (h) of Section 1170 sent to prison from that
24county in the previous calendar year as a percentage of the county’s
25average mandatory supervision population for that year.

begin insert

26(h) An estimate of the number of felons on mandatory
27supervision each county successfully prevented from being
28incarcerated in state prison. For each county, this estimate shall
29be calculated based on the reduction in the county’s mandatory
30supervision failure to prison rate as calculated annually pursuant
31to subdivision (g) for that year and the county’s mandatory
32supervision failure to prison rate from the previous year.

end insert
begin delete

33(h)

end delete

34begin insert(i)end insert The statewide postrelease community supervision failure to
35prison rate. The statewide postrelease community supervision
36failure to prison rate shall be calculated as the total number of
37offenders supervised under postrelease community supervision
38pursuant to Title 2.05 (commencing with Section 3450) of Part 3,
39statewide, sent to prison in the previous calendar year as a
P47   1percentage of the average statewide postrelease community
2supervision population for that year.

begin delete

3(i)

end delete

4begin insert(j)end insert A postrelease community supervision failure to prison rate
5for each county. Each county’s postrelease community supervision
6failure to prison rate shall be calculated as the number of offenders
7supervised under postrelease community supervision pursuant to
8Title 2.05 (commencing with Section 3450) of Part 3 sent to prison
9from that county in the previous calendar year as a percentage of
10the county’s average postrelease community supervision population
11for that year.

begin delete

12(j) This section shall become operative on July 1, 2014.

end delete
begin insert

13(k) An estimate of the number of felons on postrelease
14community supervision each county successfully prevented from
15being incarcerated in state prison. For each county, this estimate
16shall be calculated based on the reduction in the county’s
17postrelease community supervision failure to prison rate as
18calculated annually pursuant to subdivision (i) for that year and
19the county’s postrelease community supervision failure to prison
20rate from the previous year.

end insert
begin insert

21(l) The statewide return to prison rate. The statewide return to
22prison rate shall be calculated as the total number of offenders
23supervised by probation departments as felony probationers, or
24subject to mandatory supervision pursuant to subdivision (h) of
25Section 1170, or subject to postrelease community supervision,
26who were sent to prison, as a percentage of the average statewide
27adult felony probation, mandatory supervision, and postrelease
28community supervision population.

end insert
begin insert

29(m) The county return to prison rate. The combined individual
30county return to prison rate shall be calculated as the total number
31of offenders supervised by a county probation department as felony
32probationers, or subject to mandatory supervision pursuant to
33 subdivision (h) of Section 1170, or subject to postrelease
34community supervision, who were sent to prison, as a percentage
35of the average adult felony probation, mandatory supervision, and
36postrelease community supervision population for that county.

end insert
37begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 1233.15 of the end insertbegin insertPenal Codeend insertbegin insert is repealed.end insert

begin delete
38

1233.15.  

The Director of Finance, in consultation with the
39Administrative Office of the Courts, the Department of Corrections
40and Rehabilitation, and the Chief Probation Officers of California,
P48   1shall develop a revised formula for the California Community
2Corrections Performance Incentives Act of 2009 that takes into
3consideration the significant changes to the eligibility of some
4felony probationers for revocation to the state prison resulting from
5the implementation of the 2011 Public Safety realignment, and
6may also take into consideration the data calculated pursuant to
7subdivisions (f) to (i), inclusive, of Section 1233.1. The revised
8formula may include adjustments to the baseline failure rate for
9each county. It is the intent of the Legislature that, commencing
10with the 2015-16 fiscal year, probation departments receive
11performance incentive funding pursuant to, and consistent with,
12this chapter for their success at reducing postrelease community
13supervision failure to prison rates and mandatory supervision
14failure to prison rates.

end delete
15begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 1233.2 of the end insertbegin insertPenal Codeend insertbegin insert is repealed.end insert

begin delete
16

1233.2.  

Annually, after the conclusion of each calendar year,
17the Director of Finance, in consultation with the Department of
18Corrections and Rehabilitation, the Joint Legislative Budget
19Committee, the Chief Probation Officers of California, and the
20Administrative Office of the Courts, shall identify the appropriate
21Probation Revocation Tier for each county for which it was
22estimated that the county successfully prevented any number of
23 adult felony probationers from being incarcerated, as provided in
24subdivision (d) of Section 1233.1. The tiers shall be defined as
25follows:

26(a) Tier 1. A Tier 1 county is one that has a probation failure
27rate, as defined in subdivision (c) of Section 1233.1, no more than
2825 percent higher than the statewide probation failure rate, as
29defined in subdivision (b) of Section 1233.1.

30(b) Tier 2. A Tier 2 county is one that has a probation failure
31rate, as defined in subdivision (c) of Section 1233.1, more than 25
32percent above the statewide probation failure rate, as defined in
33subdivision (b) of Section 1233.1, but less than or equal to the
342006-08 established baseline rate of 7.88 percent.

35(c) Tier 3. A Tier 3 county is one that has a probation failure
36rate higher than the 2006-08 established baseline rate of 7.88
37 percent.

end delete
38begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 1233.3 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

39

1233.3.  

Annually, the Director of Finance, in consultation with
40the Department of Corrections and Rehabilitation, the Joint
P49   1Legislative Budget Committee, the Chief Probation Officers of
2California, and thebegin delete Administrative Office of the Courts,end deletebegin insert Judicial
3Council,end insert
shall calculate abegin delete probation failure reductionend deletebegin insert statewide
4performanceend insert
incentive payment for each eligiblebegin delete county, pursuant
5to Section 1233.2,end delete
begin insert countyend insert for the most recently completed calendar
6year, as follows:

7(a) For a county identified asbegin delete being in Tier 1, as defined in
8subdivision (a) of Section 1233.2, its probation failure reduction
9incentive payment shall equal the estimated number of probationers
10successfully prevented from being incarcerated, as defined by
11subdivision (d) of Section 1233.1, multiplied by 45 percent of the
12state’s cost of housing an inmate in a contract facility, and to
13supervise on parole a probationer who was sent to prison, as
14defined in subdivision (a) of Section 1233.1.end delete
begin insert having a return to
15prison rate less than 1.5 percent, the incentive payment shall be
16equal to 100 percent of the highest year of funding that a county
17received for the California Community Incentive Grant Program
18from the 2011 -12 fiscal year to the 2014-15 fiscal year, inclusive.end insert

19(b) For a county identified as begin delete being in Tier 2, as defined in
20subdivision (b) of Section 1233.2, its probation failure reduction
21incentive payment shall equal the estimated number of probationers
22successfully prevented from being incarcerated, as defined by
23subdivision (d) of Section 1233.1, multiplied by 40 percent of the
24state’s cost of housing an inmate in a contract facility, and to
25supervise on parole a probationer who was sent to prison, as
26defined in subdivision (a) of Section 1233.1.end delete
begin insert having a return to
27prison rate of 1.5 percent or greater, but not exceeding 3.2 percent,
28the incentive payment shall be equal to 70 percent of the highest
29year of funding that a county received for the California
30Community Incentive Grant Program from the 2011-12 fiscal year
31to the 2014-15 fiscal year, inclusive.end insert

32(c) For a county identified asbegin delete being in Tier 3, as defined in
33subdivision (c) of Section 1233.2, its probation failure reduction
34incentive payment shall equal the estimated number of probationers
35successfully prevented from being incarcerated, as defined by
36subdivision (d) of Section 1233.1, multiplied by 30 percent of the
37state’s cost of housing an inmate in a contract facility, and to
38supervise on parole a probationer who was sent to prison, as
39defined in subdivision (a) of Section 1233.1.end delete
begin insert having a return to
40prison rate of more than 3.2 percent, not exceeding 5.5 percent,
P50   1the incentive payment shall be equal to 60 percent of the highest
2year of funding that a county received for the California
3Community Incentive Grant Program from the 2011 -12 fiscal
4year to the 2014-15 fiscal year, inclusive.end insert

begin insert

5(d) For a county identified as having a return to prison rate of
6more than 5.5 percent, not exceeding 6.1 percent, the incentive
7payment shall be equal to 50 percent of the highest year of funding
8that a county received for the California Community Incentive
9Grant Program from the 2011-12 fiscal year to the 2014-15 fiscal
10year, inclusive.

end insert
begin insert

11(e) For a county identified as having a return to prison rate of
12more than 6.1 percent, not exceeding 7.9 percent, the incentive
13payment shall be equal to 40 percent of the highest year of funding
14that a county received for the California Community Incentive
15Grant Program from the 2011-12 fiscal year to the 2014-15 fiscal
16year, inclusive.

end insert
begin delete

17(d)

end delete

18begin insert(f)end insert A county that fails to provide information specified in Section
191231 to the Administrative Office of the Courts is not eligible for
20abegin delete probation failure reduction incentive payment.end deletebegin insert statewide
21performance incentive payment.end insert

begin delete

22(e) This section shall become operative on July 1, 2014.

end delete
23begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 1233.4 of the end insertbegin insertPenal Codeend insertbegin insert is repealed.end insert

begin delete
24

1233.4.  

(a) It is the intent of the Legislature for counties
25demonstrating high success rates with adult felony probationers
26to have access to performance-based funding as provided for in
27this section.

28(b) On an annual basis, the Department of Finance, in
29consultation with the Department of Corrections and Rehabilitation,
30the Joint Legislative Budget Committee, the Chief Probation
31Officers of California, and the Administrative Office of the Courts,
32shall calculate 5 percent of the total statewide estimated number
33of probationers successfully prevented from being incarcerated
34for counties that successfully reduce the number of adult felony
35probationers incarcerated multiplied by the state’s cost of housing
36an inmate in a contract facility, and to supervise on parole a
37probationer who was sent to prison, as defined in subdivision (a)
38of Section 1233.1.

39(c) The amount estimated pursuant to subdivision (b) shall be
40used to provide high performance grants to county probation
P51   1departments for the purpose of bolstering evidence-based probation
2practices designed to reduce recidivism among adult felony
3probationers.

4(d) County probation departments eligible for these high
5performance grants shall be those with adult probation failure rates
6more than 50 percent below the statewide average in the most
7recently completed calendar year.

8(e) A county probation department that qualifies for a probation
9failure reduction incentive payment, as provided in Section 1233.3,
10and a high performance grant payment in the same year shall
11choose to receive either the probation failure incentive payment
12or the high performance grant payment. The Chief Probation
13Officer of a county that qualifies for both a high performance grant
14and a probation failure reduction incentive payment shall indicate
15to the Administrative Office of the Courts, by a date designated
16by the Administrative Office of the Courts, whether the Chief
17Probation Officer chooses to receive the high performance grant
18or probation failure reduction payment.

19(f) The grants provided for in this section shall be administered
20by the Administrative Office of the Courts. The Administrative
21Office of the Courts shall seek to ensure that all qualifying
22probation departments that submit qualifying applications receive
23a proportionate share of the grant funding available based on the
24population of adults 18 to 25 years of age, inclusive, in each of
25the counties qualifying for the grants.

26(g) A county that fails to provide the information specified in
27Section 1231 to the Administrative Office of the Courts is not
28eligible for a high performance grant payment.

29(h) This section shall become operative on July 1, 2014.

end delete
30begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 1233.4 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
31

begin insert1233.4.end insert  

The Director of Finance, in consultation with the
32Department of Corrections and Rehabilitation, the Joint Legislative
33Budget Committee, the Chief Probation Officers of California,
34and the Judicial Council, shall, for the most recently completed
35calendar year, annually calculate a county performance incentive
36payment for each eligible county. A county shall be eligible for
37compensation for each of the following:

38(a) The estimated number of felons on probation that were
39successfully prevented from being incarcerated in the state prison
40as calculated in subdivision (d) of Section 1233.1, multiplied by
P52   135 percent of the state’s costs to incarcerate a prison felony
2offender in a contract facility, as defined in subdivision (a) of
3Section 1233.1.

4(b) The estimated number of felons on mandatory supervision
5that were successfully prevented from being incarcerated in the
6state prison as calculated in subdivision (h) of Section 1233.1,
7multiplied by 35 percent of the state’s costs to incarcerate a prison
8felony offender in a contract facility, as defined in subdivision (a)
9of Section 1233.1.

10(c) The estimated number of felons on postrelease community
11supervision that were successfully prevented from being
12incarcerated in the state prison as calculated in subdivision (k) of
13Section 1233.1, multiplied by 35 percent of the state’s costs to
14incarcerate a prison felony offender in a contract facility, as
15defined in subdivision (a) of Section 1233.1.

end insert
16begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 1233.5 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

17

1233.5.  

If data of sufficient quality and of the types required
18for the implementation of thisbegin delete actend deletebegin insert chapterend insert are not available to the
19Director of Finance,begin delete thenend delete the Director of Finance, in consultation
20with the Department of Corrections and Rehabilitation, the Joint
21Legislative Budget Committee, andbegin delete the Administrative Office of
22the Courts,end delete
begin insert Judicial Council,end insert shall use the best available data to
23 estimatebegin delete probation failure reduction incentive payments and high
24performance grantsend delete
begin insert the statewide performance incentive payments
25and county performance incentive paymentsend insert
utilizing a
26methodology that is as consistent with that described in thisbegin delete actend delete
27begin insert chapterend insert as is reasonably possible.

28begin insert

begin insertSEC. 25.end insert  

end insert

begin insertSection 1233.6 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

29

1233.6.  

(a) begin deleteProbation failure reduction incentive payments
30and high performance grants calculated end delete
begin insertA statewide performance
31incentive payment calculated pursuant to Section 1233.3 and a
32county performance incentive payment calculated pursuant to
33Section 1233.4 end insert
for any calendar year shall be provided tobegin delete countiesend delete
34begin insert a countyend insert in the following fiscal year. The total annual payment to
35begin delete eachend deletebegin insert aend insert county shall be divided into four equal quarterly payments.

36(b) The Department of Finance shall include an estimate of the
37total begin delete probation failure reductionend delete begin insert statewide performanceend insert incentive
38payments andbegin delete high performance grantsend deletebegin insert county performance
39incentive paymentsend insert
to be provided to counties in the coming fiscal
40year as part of the Governor’s proposed budget released no later
P53   1than January 10 of each year. This estimate shall be adjusted by
2the Department of Finance, as necessary, to reflect the actual
3calculations of probation failure reduction incentive payments and
4high performance grants completed by the Director of Finance, in
5consultation with the Department of Corrections and Rehabilitation,
6the Joint Legislative Budget Committee, the Chief Probation
7Officers of California, and thebegin delete Administrative Office of the Courts.end delete
8begin insert Judicial Council.end insert This adjustment shall occur as part of standard
9budget revision processes completed by the Department of Finance
10in April and May of each year.

11(c) There is hereby established, in the State Treasury, the State
12Community Corrections Performance Incentives Fund, which is
13continuously appropriated. Moneys appropriated for purposes of
14begin delete providing probation failure reductionend deletebegin insert statewide performanceend insert
15 incentive payments andbegin delete high performance grantsend deletebegin insert county
16performance incentive paymentsend insert
authorized in Sections 1230 to
17 1233.6, inclusive, shall be transferred into this fund from the
18General Fund. Any moneys transferred into this fund from the
19General Fund shall be administered by thebegin delete Administrative Office
20of the Courtsend delete
begin insert Judicial Councilend insert and the share calculated for each
21county probation department shall be transferred to its Community
22Corrections Performance Incentives Fund authorized in Section
231230.

24(d) For each fiscal year, the Director of Finance shall determine
25the total amount of the State Community Corrections Performance
26Incentives Fund and the amount to be allocated to each county,
27pursuant to this section and Sections 1230 to 1233.5, inclusive,
28and shall report those amounts to the Controller. The Controller
29shall make an allocation from the State Community Corrections
30Performance Incentives Fund authorized in subdivision (c) to each
31county in accordance with the amounts provided.

32(e) Notwithstanding Section 13340 of the Government Code,
33commencing July 1, 2014, and each fiscal year thereafter, the
34amount of one million dollars ($1,000,000) is hereby continuously
35appropriated from the State Community Corrections Performance
36Incentives Fund to thebegin delete Administrative Office of the Courtsend deletebegin insert Judicial
37Councilend insert
for the costs of implementing and administering this
38program, pursuant to subdivision (c), and the 2011 realignment
39legislation addressing public safety.

P54   1begin insert

begin insertSEC. 26.end insert  

end insert

begin insertSection 1233.61 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
2read:end insert

3

1233.61.  

begin delete

Notwithstanding any other law, any moneys remaining
4in the State Community Corrections Performance Incentives Fund,
5after the calculation and award determination of each county’s tier
6payments or high performance grant payments pursuant to Sections
71233.3 and 1233.4, shall be distributed to county probation
8departments as follows:

end delete

9(a) The Department of Finance shall increasebegin insert to no more than
10two hundred thousand dollars ($200,000)end insert
the award amount for
11any county whosebegin delete tier payment or high performance grant payment,end delete
12begin insert statewide performance incentive payment and county performance
13incentive payment,end insert
as calculated pursuant to Sections 1233.3 and
141233.4, totals less than two hundred thousand dollarsbegin delete ($200,000)
15to no more than two hundred thousand dollars ($200,000).end delete

16begin insert ($200,000).end insert

begin delete

17(b) The Department of Finance shall adjust the award amount
18for any county that has a probation failure rate, as defined in
19subdivision (c) of Section 1233.1, that is below the statewide
20average, as defined in subdivision (b) of Section 1233.1, so that
21these counties receive no less than two hundred thousand dollars
22($200,000).

end delete
begin delete

23(c)

end delete

24begin insert(b)end insert The Department of Finance shallbegin delete evenly distribute any
25remaining funds,end delete
begin insert adjust the award amountend insert up to two hundred
26thousand dollars ($200,000) per county, to those counties that did
27not receive abegin delete tier payment or a high performance grant payment,end delete
28begin insert statewide performance incentive payment and county performance
29incentive payment,end insert
as calculated pursuant to Sections 1233.3 and
301233.4.

begin delete

31(d) The distribution of any funds remaining after the distribution
32made pursuant to subdivision (c) shall be determined by the
33Department of Finance. The distribution may give preference to
34high performing counties that did not receive funding pursuant to
35Section 1233.4.

end delete
begin delete

36(e) At no time shall an award provided to a county through
37subdivision (c) exceed the amount of a grant award provided to
38counties that are eligible to receive increased award amounts
39pursuant to subdivision (a) or (b).

end delete
begin delete

40(f)

end delete

P55   1begin insert(c)end insert Any county receiving funding through subdivisionbegin delete (c)end deletebegin insert (b)end insert
2 shall submit a report to thebegin delete Administrative Office of the Courtsend delete
3begin insert Judicial Councilend insert and the Chief Probation Officers of California
4describing how it plans on using the funds to enhance its ability
5to be successful under thisbegin delete act.end deletebegin insert chapter.end insert Commencing January 1,
62014, a county that fails to submit this report by March 1 annually
7shall not receive funding pursuant to subdivisionbegin delete (c)end deletebegin insert (b)end insert in the
8subsequent fiscal year.

begin delete

9(g)

end delete

10begin insert(d)end insert A county that fails to provide the information specified in
11Section 1231 to thebegin delete Administrative Office of the Courtsend deletebegin insert Judicial
12Councilend insert
shall not be eligible for payment pursuant to this section.

13begin insert

begin insertSEC. 27.end insert  

end insert

begin insertSection 1233.9 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

14

1233.9.  

begin insert(a)end insertbegin insertend insertThere is hereby created in the State Treasury the
15Recidivism Reduction Fund for moneys to be available upon
16appropriation by the Legislature, for activities designed to reduce
17the state’s prison population, including, but not limited to, reducing
18recidivism. Funds available in the Recidivism Reduction Fund
19may be transferred to the State Community Corrections
20Performance Incentives Fund.

begin insert

21(b) Any funds in the Recidivism Reduction Fund not encumbered
22by June 30, 2016, shall revert to the General Fund upon order of
23the Department of Finance.

end insert
begin insert

24(c) The Recidivism Reduction Fund shall be abolished once all
25funds encumbered in the Recidivism Reduction Fund are liquidated.

end insert
26begin insert

begin insertSEC. 28.end insert  

end insert

begin insertSection 1233.10 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
27read:end insert

28

1233.10.  

(a) Upon agreement to accept funding from the
29Recidivism Reduction Fund, created in Section 1233.9, a county
30board of supervisors, in collaboration with the county’s Community
31Corrections Partnership, shall develop, administer, and collect and
32submit data to the Board of State and Community Corrections
33regarding a competitive grant program intended to fund community
34recidivism and crime reduction services, including, but not limited
35to, delinquency prevention, homelessness prevention, and reentry
36services.begin delete Theend delete

37begin insert(1)end insertbegin insertend insertbegin insertCommencing with the 2014-15 fiscal year, theend insert funding shall
38be allocated to counties by the State Controller’s Office from Item
395227-101-3259 of Section 2.00 of the Budget Act ofbegin delete 2014-15end deletebegin insert 2014end insert
40 according to the following schedule:


P57  19

 

Alameda$  250,000
Alpine$   10,000
Amador$   10,000
Butte$   50,000
Calaveras$   10,000
Colusa$   10,000
Contra Costa$  250,000
Del Norte$   10,000
El Dorado$   50,000
Fresno$  250,000
Glenn$   10,000
Humboldt$   50,000
Imperial$   50,000
Inyo$   10,000
Kern$  250,000
Kings$   50,000
Lake$   25,000
Lassen$   10,000
Los Angeles$ 1,600,000
Madera$   50,000
Marin$   50,000
Mariposa$   10,000
Mendocino$   25,000
Merced$   50,000
Modoc$   10,000
Mono$   10,000
Monterey$  100,000
Napa$   50,000
Nevada$   25,000
Orange$  500,000
Placer$   50,000
Plumas$   10,000
Riverside$  500,000
Sacramento$  250,000
San Benito$   25,000
San Bernardino$  500,000
San Diego$  500,000
San Francisco$  250,000
San Joaquin$  250,000
San Luis Obispo$   50,000
San Mateo$  250,000
Santa Barbara$  100,000
Santa Clara$  500,000
Santa Cruz$   50,000
Shasta$   50,000
Sierra$   10,000
Siskiyou$   10,000
Solano$  100,000
Sonoma$  100,000
Stanislaus$  100,000
Sutter$   25,000
Tehama$   25,000
Trinity$   10,000
Tulare$  100,000
Tuolumne$   25,000
Ventura$  250,000
Yolo$   50,000
Yuba$   25,000
24P57   3

 

begin insert

20(2) Commencing with the 2015-16 fiscal year, the funding shall
21be allocated to counties by the State Controller’s Office from Item
225227-101-3259 of Section 2.00 of the Budget Act of 2015 according
23to the following schedule:

end insert

 

begin insert
begin insertAlamedaend insertbegin insert$  125,000end insert
begin insertAlpineend insertbegin insert$    5,000end insert
begin insertAmadorend insertbegin insert$    5,000end insert
begin insertButteend insertbegin insert$   25,000end insert
begin insertCalaverasend insertbegin insert$    5,000end insert
begin insertColusaend insertbegin insert$    5,000end insert
begin insertContra Costaend insertbegin insert$  125,000end insert
begin insertDel Norteend insertbegin insert$    5,000end insert
begin insertEl Doradoend insertbegin insert$   25,000end insert
begin insertFresnoend insertbegin insert$  125,000end insert
begin insertGlennend insertbegin insert$    5,000end insert
begin insertHumboldtend insertbegin insert$   25,000end insert
begin insertImperialend insertbegin insert$   25,000end insert
begin insertInyoend insertbegin insert$    5,000end insert
begin insertKernend insertbegin insert$  125,000end insert
begin insertKingsend insertbegin insert$   25,000end insert
begin insertLakeend insertbegin insert$   12,500end insert
begin insertLassenend insertbegin insert$    5,000end insert
begin insertLos Angelesend insertbegin insert$  800,000end insert
begin insertMaderaend insertbegin insert$   25,000end insert
begin insertMarinend insertbegin insert$   25,000end insert
begin insertMariposaend insertbegin insert$    5,000end insert
begin insertMendocinoend insertbegin insert$   12,500end insert
begin insertMercedend insertbegin insert$   25,000end insert
begin insertModocend insertbegin insert$    5,000end insert
begin insertMonoend insertbegin insert$    5,000end insert
begin insertMontereyend insertbegin insert$   50,000end insert
begin insertNapaend insertbegin insert$   25,000end insert
begin insertNevadaend insertbegin insert$   12,500end insert
begin insertOrangeend insertbegin insert$  250,000end insert
begin insertPlacerend insertbegin insert$   25,000end insert
begin insertPlumasend insertbegin insert$    5,000end insert
begin insertRiversideend insertbegin insert$  250,000end insert
begin insertSacramentoend insertbegin insert$  125,000end insert
begin insertSan Benitoend insertbegin insert$   12,500end insert
begin insertSan Bernardinoend insertbegin insert$  250,000end insert
begin insertSan Diegoend insertbegin insert$  250,000end insert
begin insertSan Franciscoend insertbegin insert$  125,000end insert
begin insertSan Joaquinend insertbegin insert$  125,000end insert
begin insertSan Luis Obispoend insertbegin insert$   25,000end insert
begin insertSan Mateoend insertbegin insert$  125,000end insert
begin insertSanta Barbaraend insertbegin insert$   50,000end insert
begin insertSanta Claraend insertbegin insert$  250,000end insert
begin insertSanta Cruzend insertbegin insert$   25,000end insert
begin insertShastaend insertbegin insert$   25,000end insert
begin insertSierraend insertbegin insert$    5,000end insert
begin insertSiskiyouend insertbegin insert$    5,000end insert
begin insertSolanoend insertbegin insert$   50,000end insert
begin insertSonomaend insertbegin insert$   50,000end insert
begin insertStanislausend insertbegin insert$   50,000end insert
begin insertSutterend insertbegin insert$   12,500end insert
begin insertTehamaend insertbegin insert$   12,500end insert
begin insertTrinityend insertbegin insert$    5,000end insert
begin insertTulareend insertbegin insert$   50,000end insert
begin insertTuolumneend insertbegin insert$   12,500end insert
begin insertVenturaend insertbegin insert$  125,000end insert
begin insertYoloend insertbegin insert$   25,000end insert
begin insertYubaend insertbegin insert$   12,500end insert
end insert
P57   3

 

4(b) For purposes of this section, “community recidivism and
5crime reduction service provider” means a nongovernmental entity
6or a consortium or coalition of nongovernmental entities, that
7provides community recidivism and crime reduction services, as
8described in paragraph (2) of subdivision (c), to persons who have
9been released from the state prison, a county jail, a juvenile
10detention facility, who are under the supervision of a parole or
11probation department, or any other person at risk of becoming
12involved in criminal activities.

13(c) (1) A community recidivism and crime reduction service
14provider shall have a demonstrated history of providing services,
15as described in paragraph (2), to the target population during the
16five years immediately prior to the application for a grant awarded
17pursuant to this section.

18(2) A community recidivism and crime reduction service
19provider shall provide services that are designed to enable persons
20to whom the services are provided to refrain from engaging in
21crime, reconnect with their family members, and contribute to their
22communities. Community recidivism and crime reduction services
23may include all of the following:

24(A) Self-help groups.

25(B) Individual or group assistance with basic life skills.

26(C) Mentoring programs.

27(D) Academic and educational services, including, but not
28limited to, services to enable the recipient to earn his or her high
29school diploma.

30(E) Job training skills and employment.

31(F) Truancy prevention programs.

32(G) Literacy programs.

33(H) Any other service that advances community recidivism and
34crime reduction efforts, as identified by the county board of
35supervisors and the Community Corrections Partnership.

36(I) Individual or group assistance with referrals for any of the
37following:

38(i) Mental and physical health assessments.

39(ii) Counseling services.

40(iii) Education and vocational programs.

P60   1(iv) Employment opportunities.

2(v) Alcohol and drug treatment.

3(vi) Health, wellness, fitness, and nutrition programs and
4services.

5(vii) Personal finance and consumer skills programs and
6services.

7(viii) Other personal growth and development programs to
8reduce recidivism.

9(ix) Housing assistance.

10(d) Pursuant to this section and upon agreement to accept
11funding from the Recidivism Reduction Fund, the board of
12supervisors, in collaboration with the county’s Community
13Corrections Partnership, shall grant funds allocated to the county,
14as described in subdivision (a), to community recidivism and crime
15reduction service providers based on the needs of their community.

16(e) (1) The amount awarded to each community recidivism and
17crime reduction service provider by a county shall be based on the
18population of the county, as projected by the Department of
19Finance, and shall not exceed the following:

20(A) One hundred thousand dollars ($100,000) in a county with
21a population of over 4,000,000 people.

22(B) Fifty thousand dollars ($50,000) in a county with a
23population of 700,000 or more people but less than 4,000,000
24people.

25(C) Twenty five thousand dollars ($25,000) in a county with a
26 population of 400,000 or more people but less than 700,000 people.

27(D) Ten thousand dollars ($10,000) in a county with a population
28of less than 400,000 people.

29(2) The total amount of grants awarded to a single community
30recidivism and crime reduction service provider by all counties
31pursuant to this section shall not exceed one hundred thousand
32dollars ($100,000).

33(f) The board of supervisors, in collaboration with the county’s
34Community Corrections Partnership, shall establish minimum
35requirements, funding criteria, and procedures for the counties to
36award grants consistent with the criteria established in this section.

37(g) A community recidivism and crime reduction service
38provider that receives a grant under this section shall report to the
39county board of supervisors or the Community Corrections
40Partnership on the number of individuals served and the types of
P61   1services provided, consistent with paragraph (2) of subdivision
2(c). The board of supervisors or the Community Corrections
3Partnership shall report to the Board of State and Community
4Corrections any information received under this subdivision from
5grant recipients.

6(h) Of the total amount granted to a county, up to 5 percent may
7be withheld by the board of supervisors or the Community
8Corrections Partnership for the payment of administrative costs.

9(i) Any funds allocated to a county under this section shall be
10available for expenditure for a period of four years and any
11unexpended funds shall revert to the state General Fund at the end
12of the four-year period.begin delete Any funds not encumbered with a
13community recidivism and crime reduction service provider one
14year after allocation of grant funds to counties shall immediately
15revert to the state General Fund.end delete

16begin insert

begin insertSEC. 29.end insert  

end insert

begin insertSection 1369.1 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

17

1369.1.  

(a) As used in this chapter, “treatment facility”
18includes a county jail. Upon the concurrence of the county board
19of supervisors, the county mental health director, and the county
20sheriff, the jail may be designated to provide medically approved
21medication to defendants found to be mentally incompetent and
22unable to provide informed consent due to a mental disorder,
23pursuant to this chapter. In the case of Madera, Napa, and Santa
24Clara Counties, the concurrence shall be with the board of
25supervisors, the county mental health director, and the county
26sheriff or the chief of corrections. The provisions of Sections 1370,
271370.01, and 1370.02 shall apply to antipsychotic medications
28provided in a county jail, provided, however, that the maximum
29period of time a defendant may be treated in a treatment facility
30pursuant to this section shall not exceed six months.

31(b) This section does not abrogate or limit any law enacted to
32ensure the due process rights set forth in Sell v. United States
33(2003) 539 U.S. 166.

begin delete

34(c) This section shall remain in effect only until January 1, 2016,
35and as of that date is repealed, unless a later enacted statute, that
36is enacted before January 1, 2016, deletes or extends that date.

end delete
37begin insert

begin insertSEC. 30.end insert  

end insert

begin insertSection 1370 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

38

1370.  

(a) (1) (A) If the defendant is found mentally
39competent, the criminal process shall resume, the trial on the
P62   1offense charged or hearing on the alleged violation shall proceed,
2and judgment may be pronounced.

3(B) If the defendant is found mentally incompetent, the trial,
4the hearing on the alleged violation, or the judgment shall be
5suspended until the person becomes mentally competent.

6(i) In the meantime, the court shall order that the mentally
7incompetent defendant be delivered by the sheriff to a state hospital
8for the care and treatment of the mentally disordered, as directed
9by the State Department of State Hospitals, or to any other available
10public or private treatment facility, including abegin delete localend delete county jail
11treatment facility or the community-based residential treatment
12system established pursuant to Article 1 (commencing with Section
135670) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and
14Institutions Code if the facility has a secured perimeter or a locked
15and controlled treatment facility, approved by the community
16program director that will promote the defendant’s speedy
17restoration to mental competence, or placed on outpatient status
18as specified in Section 1600.

19(ii) However, if the action against the defendant who has been
20found mentally incompetent is on a complaint charging a felony
21offense specified in Section 290, the prosecutor shall determine
22whether the defendant previously has been found mentally
23incompetent to stand trial pursuant to this chapter on a charge of
24a Section 290 offense, or whether the defendant is currently the
25subject of a pending Section 1368 proceeding arising out of a
26charge of a Section 290 offense. If either determination is made,
27the prosecutor shall so notify the court and defendant in writing.
28After this notification, and opportunity for hearing, the court shall
29order that the defendant be delivered by the sheriff to a state
30hospital, as directed by the State Department of State Hospitals,
31or other secure treatment facility for the care and treatment of the
32mentally disordered unless the court makes specific findings on
33the record that an alternative placement would provide more
34appropriate treatment for the defendant and would not pose a
35danger to the health and safety of others.

36(iii) If the action against the defendant who has been found
37mentally incompetent is on a complaint charging a felony offense
38specified in Section 290 and the defendant has been denied bail
39pursuant to subdivision (b) of Section 12 of Article I of the
40California Constitution because the court has found, based upon
P63   1clear and convincing evidence, a substantial likelihood that the
2person’s release would result in great bodily harm to others, the
3court shall order that the defendant be delivered by the sheriff to
4a state hospital for the care and treatment of the mentally
5disordered, as directed by the State Department of State Hospitals,
6unless the court makes specific findings on the record that an
7alternative placement would provide more appropriate treatment
8for the defendant and would not pose a danger to the health and
9safety of others.

10(iv) The clerk of the court shall notify the Department of Justice
11in writing of any finding of mental incompetence with respect to
12a defendant who is subject to clause (ii) or (iii) for inclusion in his
13or her state summary criminal history information.

14(C) Upon the filing of a certificate of restoration to competence,
15the court shall order that the defendant be returned to court in
16accordance with Section 1372. The court shall transmit a copy of
17its order to the community program director or a designee.

18(D) A defendant charged with a violent felony may not be
19delivered to a state hospital or treatment facility pursuant to this
20subdivision unless the state hospital or treatment facility has a
21secured perimeter or a locked and controlled treatment facility,
22and the judge determines that the public safety will be protected.

23(E) For purposes of this paragraph, “violent felony” means an
24offense specified in subdivision (c) of Section 667.5.

25(F) A defendant charged with a violent felony may be placed
26on outpatient status, as specified in Section 1600, only if the court
27finds that the placement will not pose a danger to the health or
28safety of others. If the court places a defendant charged with a
29violent felony on outpatient status, as specified in Section 1600,
30the court shall serve copies of the placement order on defense
31counsel, the sheriff in the county where the defendant will be
32placed, and the district attorney for the county in which the violent
33felony charges are pending against the defendant.

34(2) Prior to making the order directing that the defendant be
35committed to the State Department of State Hospitals or other
36treatment facility or placed on outpatient status, the court shall
37proceed as follows:

38(A) The court shall order the community program director or a
39designee to evaluate the defendant and to submit to the court within
4015 judicial days of the order a written recommendation as to
P64   1whether the defendant should be required to undergo outpatient
2treatment, or be committed to the State Department of State
3Hospitals or to any other treatment facility. A person shall not be
4admitted to a state hospital or other treatment facility or placed on
5outpatient status under this section without having been evaluated
6by the community program director or a designee. The community
7program director or designee shall evaluate the appropriate
8placement for the defendant between the State Department of State
9Hospitals, abegin delete localend delete county jail treatment facility, or the
10community-based residential treatment system based upon
11guidelines provided by the State Department of State Hospitals. begin delete12 If a local county jail treatment facility is selected, the State
13Department of State Hospitals shall provide treatment at the county
14jail treatment facility and reimburse the county jail treatment
15facility for the reasonable costs of the bed during the treatment. If
16the community-based residential treatment system is selected, the
17State Department of State Hospitals shall provide reimbursement
18to the community-based residential treatment system for the cost
19of treatment as negotiated with the State Department of State
20Hospitals. The six-month limitation in Section 1369.1 shall not
21apply to individuals deemed incompetent to stand trial who are
22being treated to restore competency within a county jail treatment
23facility pursuant to this section.end delete

24(B) The court shall hear and determine whether the defendant
25lacks capacity to make decisions regarding the administration of
26antipsychotic medication. The court shall consider opinions in the
27reports prepared pursuant to subdivision (a) of Section 1369, as
28applicable to the issue of whether the defendant lacks capacity to
29make decisions regarding the administration of antipsychotic
30medication, and shall proceed as follows:

31(i) The court shall hear and determine whether any of the
32following is true:

33(I) The defendant lacks capacity to make decisions regarding
34antipsychotic medication, the defendant’s mental disorder requires
35medical treatment with antipsychotic medication, and, if the
36defendant’s mental disorder is not treated with antipsychotic
37medication, it is probable that serious harm to the physical or
38mental health of the patient will result. Probability of serious harm
39to the physical or mental health of the defendant requires evidence
40that the defendant is presently suffering adverse effects to his or
P65   1her physical or mental health, or the defendant has previously
2suffered these effects as a result of a mental disorder and his or
3her condition is substantially deteriorating. The fact that a
4defendant has a diagnosis of a mental disorder does not alone
5establish probability of serious harm to the physical or mental
6health of the defendant.

7(II) The defendant is a danger to others, in that the defendant
8has inflicted, attempted to inflict, or made a serious threat of
9inflicting substantial physical harm on another while in custody,
10or the defendant had inflicted, attempted to inflict, or made a
11serious threat of inflicting substantial physical harm on another
12that resulted in his or her being taken into custody, and the
13defendant presents, as a result of mental disorder or mental defect,
14a demonstrated danger of inflicting substantial physical harm on
15others. Demonstrated danger may be based on an assessment of
16the defendant’s present mental condition, including a consideration
17of past behavior of the defendant within six years prior to the time
18the defendant last attempted to inflict, inflicted, or threatened to
19inflict substantial physical harm on another, and other relevant
20evidence.

21(III) The people have charged the defendant with a serious crime
22against the person or property, involuntary administration of
23antipsychotic medication is substantially likely to render the
24defendant competent to stand trial, the medication is unlikely to
25have side effects that interfere with the defendant’s ability to
26understand the nature of the criminal proceedings or to assist
27counsel in the conduct of a defense in a reasonable manner, less
28intrusive treatments are unlikely to have substantially the same
29results, and antipsychotic medication is in the patient’s best medical
30interest in light of his or her medical condition.

31(ii) If the court finds any of the conditions described in clause
32(i) to be true, the court shall issue an order authorizing involuntary
33administration of antipsychotic medication to the defendant when
34and as prescribed by the defendant’s treating psychiatrist at any
35facility housing the defendant for purposes of this chapter. The
36order shall be valid for no more than one year, pursuant to
37subparagraph (A) of paragraph (7). The court shall not order
38involuntary administration of psychotropic medication under
39subclause (III) of clause (i) unless the court has first found that the
40defendant does not meet the criteria for involuntary administration
P66   1of psychotropic medication under subclause (I) of clause (i) and
2does not meet the criteria under subclause (II) of clause (i).

3(iii) In all cases, the treating hospital, facility, or program may
4administer medically appropriate antipsychotic medication
5prescribed by a psychiatrist in an emergency as described in
6subdivision (m) of Section 5008 of the Welfare and Institutions
7Code.

8(iv) If the court has determined that the defendant has the
9capacity to make decisions regarding antipsychotic medication,
10and if the defendant, with advice of his or her counsel, consents,
11the court order of commitment shall include confirmation that
12 antipsychotic medication may be given to the defendant as
13prescribed by a treating psychiatrist pursuant to the defendant’s
14consent. The commitment order shall also indicate that, if the
15defendant withdraws consent for antipsychotic medication, after
16the treating psychiatrist complies with the provisions of
17subparagraph (C), the defendant shall be returned to court for a
18hearing in accordance with subparagraphs (C) and (D) regarding
19whether antipsychotic medication shall be administered
20involuntarily.

21(v) If the court has determined that the defendant has the
22capacity to make decisions regarding antipsychotic medication
23and if the defendant, with advice from his or her counsel, does not
24consent, the court order for commitment shall indicate that, after
25the treating psychiatrist complies with the provisions of
26subparagraph (C), the defendant shall be returned to court for a
27hearing in accordance with subparagraphs (C) and (D) regarding
28whether antipsychotic medication shall be administered
29involuntarily.

30(vi) Any report made pursuant to paragraph (1) of subdivision
31(b) shall include a description of any antipsychotic medication
32administered to the defendant and its effects and side effects,
33including effects on the defendant’s appearance or behavior that
34would affect the defendant’s ability to understand the nature of
35the criminal proceedings or to assist counsel in the conduct of a
36defense in a reasonable manner. During the time the defendant is
37confined in a state hospital or other treatment facility or placed on
38outpatient status, either the defendant or the people may request
39that the court review any order made pursuant to this subdivision.
40The defendant, to the same extent enjoyed by other patients in the
P67   1state hospital or other treatment facility, shall have the right to
2contact the patients’ rights advocate regarding his or her rights
3under this section.

4(C) If the defendant consented to antipsychotic medication as
5described in clause (iv) of subparagraph (B), but subsequently
6withdraws his or her consent, or, if involuntary antipsychotic
7medication was not ordered pursuant to clause (v) of subparagraph
8(B), and the treating psychiatrist determines that antipsychotic
9medication has become medically necessary and appropriate, the
10treating psychiatrist shall make efforts to obtain informed consent
11from the defendant for antipsychotic medication. If informed
12consent is not obtained from the defendant, and the treating
13psychiatrist is of the opinion that the defendant lacks capacity to
14make decisions regarding antipsychotic medication based on the
15conditions described in subclause (I) or (II) of clause (i) of
16subparagraph (B), the treating psychiatrist shall certify whether
17the lack of capacity and any applicable conditions described above
18exist. That certification shall contain an assessment of the current
19mental status of the defendant and the opinion of the treating
20psychiatrist that involuntary antipsychotic medication has become
21medically necessary and appropriate.

22(D) (i) If the treating psychiatrist certifies that antipsychotic
23medication has become medically necessary and appropriate
24pursuant to subparagraph (C), antipsychotic medication may be
25administered to the defendant for not more than 21 days, provided,
26however, that, within 72 hours of the certification, the defendant
27is provided a medication review hearing before an administrative
28law judge to be conducted at the facility where the defendant is
29receiving treatment. The treating psychiatrist shall present the case
30for the certification for involuntary treatment and the defendant
31shall be represented by an attorney or a patients’ rights advocate.
32The attorney or patients’ rights advocate shall be appointed to meet
33with the defendant no later than one day prior to the medication
34review hearing to review the defendant’s rights at the medication
35review hearing, discuss the process, answer questions or concerns
36regarding involuntary medication or the hearing, assist the
37defendant in preparing for the hearing and advocating for his or
38her interests at the hearing, review the panel’s final determination
39following the hearing, advise the defendant of his or her right to
40judicial review of the panel’s decision, and provide the defendant
P68   1with referral information for legal advice on the subject. The
2defendant shall also have the following rights with respect to the
3medication review hearing:

4(I) To be given timely access to the defendant’s records.

5(II)  To be present at the hearing, unless the defendant waives
6that right.

7(III) To present evidence at the hearing.

8(IV) To question persons presenting evidence supporting
9involuntary medication.

10(V) To make reasonable requests for attendance of witnesses
11on the defendant’s behalf.

12(VI) To a hearing conducted in an impartial and informal
13manner.

14(ii) If the administrative law judge determines that the defendant
15either meets the criteria specified in subclause (I) of clause (i) of
16subparagraph (B), or meets the criteria specified in subclause (II)
17of clause (i) of subparagraph (B), then antipsychotic medication
18may continue to be administered to the defendant for the 21-day
19certification period. Concurrently with the treating psychiatrist’s
20certification, the treating psychiatrist shall file a copy of the
21certification and a petition with the court for issuance of an order
22to administer antipsychotic medication beyond the 21-day
23certification period. For purposes of this subparagraph, the treating
24psychiatrist shall not be required to pay or deposit any fee for the
25filing of the petition or other document or paper related to the
26petition.

27(iii) If the administrative law judge disagrees with the
28certification, medication may not be administered involuntarily
29until the court determines that antipsychotic medication should be
30administered pursuant to this section.

31(iv) The court shall provide notice to the prosecuting attorney
32and to the attorney representing the defendant, and shall hold a
33hearing, no later than 18 days from the date of the certification, to
34determine whether antipsychotic medication should be ordered
35beyond the certification period.

36(v) If, as a result of the hearing, the court determines that
37antipsychotic medication should be administered beyond the
38certification period, the court shall issue an order authorizing the
39administration of that medication.

P69   1(vi) The court shall render its decision on the petition and issue
2its order no later than three calendar days after the hearing and, in
3any event, no later than the expiration of the 21-day certification
4period.

5(vii) If the administrative law judge upholds the certification
6pursuant to clause (ii), the court may, for a period not to exceed
714 days, extend the certification and continue the hearing pursuant
8to stipulation between the parties or upon a finding of good cause.
9In determining good cause, the court may review the petition filed
10with the court, the administrative law judge’s order, and any
11additional testimony needed by the court to determine if it is
12appropriate to continue medication beyond the 21-day certification
13and for a period of up to 14 days.

14(viii) The district attorney, county counsel, or representative of
15any facility where a defendant found incompetent to stand trial is
16committed may petition the court for an order to administer
17involuntary medication pursuant to the criteria set forth in
18subclauses (II) and (III) of clause (i) of subparagraph (B). The
19order is reviewable as provided in paragraph (7).

20(3) When the court orders that the defendant be committed to
21the State Department of State Hospitals or other public or private
22treatment facility, the court shall provide copies of the following
23documents prior to the admission of the defendant to the State
24Department of State Hospitals or other treatment facility where
25the defendant is to be committed:

26(A) The commitment order, including a specification of the
27charges.

28(B) A computation or statement setting forth the maximum term
29of commitment in accordance with subdivision (c).

30(C) A computation or statement setting forth the amount of
31credit for time served, if any, to be deducted from the maximum
32term of commitment.

33(D) State summary criminal history information.

34(E) Any arrest reports prepared by the police department or
35other law enforcement agency.

36(F) Any court-ordered psychiatric examination or evaluation
37reports.

38(G) The community program director’s placement
39recommendation report.

P70   1(H) Records of any finding of mental incompetence pursuant
2to this chapter arising out of a complaint charging a felony offense
3specified in Section 290 or any pending Section 1368 proceeding
4arising out of a charge of a Section 290 offense.

5(I) Any medical records.

6(4) When the defendant is committed to a treatment facility
7pursuant to clause (i) of subparagraph (B) of paragraph (1) or the
8court makes the findings specified in clause (ii) or (iii) of
9subparagraph (B) of paragraph (1) to assign the defendant to a
10treatment facility other than a state hospital or other secure
11treatment facility, the court shall order that notice be given to the
12appropriate law enforcement agency or agencies having local
13jurisdiction at the site of the placement facility of any finding of
14mental incompetence pursuant to this chapter arising out of a
15charge of a Section 290 offense.

16(5) When directing that the defendant be confined in a state
17hospital pursuant to this subdivision, the court shall commit the
18patient to the State Department of State Hospitals.

19(6) (A) If the defendant is committed or transferred to the State
20Department of State Hospitals pursuant to this section, the court
21may, upon receiving the written recommendation of the medical
22director of the state hospital and the community program director
23that the defendant be transferred to a public or private treatment
24facility approved by the community program director, order the
25defendant transferred to that facility. If the defendant is committed
26or transferred to a public or private treatment facility approved by
27the community program director, the court may, upon receiving
28the written recommendation of the community program director,
29transfer the defendant to the State Department of State Hospitals
30or to another public or private treatment facility approved by the
31community program director. In the event of dismissal of the
32criminal charges before the defendant recovers competence, the
33person shall be subject to the applicable provisions of the
34Lanterman-Petris-Short Act (Part 1 (commencing with Section
355000) of Division 5 of the Welfare and Institutions Code). If either
36the defendant or the prosecutor chooses to contest either kind of
37order of transfer, a petition may be filed in the court for a hearing,
38which shall be held if the court determines that sufficient grounds
39exist. At the hearing, the prosecuting attorney or the defendant
40may present evidence bearing on the order of transfer. The court
P71   1shall use the same standards as are used in conducting probation
2revocation hearings pursuant to Section 1203.2.

3Prior to making an order for transfer under this section, the court
4shall notify the defendant, the attorney of record for the defendant,
5the prosecuting attorney, and the community program director or
6a designee.

7(B) If the defendant is initially committed to the State
8Department of State Hospitals or secure treatment facility pursuant
9to clause (ii) or (iii) of subparagraph (B) of paragraph (1) and is
10subsequently transferred to any other facility, copies of the
11documents specified in paragraph (3) shall be taken with the
12defendant to each subsequent facility to which the defendant is
13transferred. The transferring facility shall also notify the appropriate
14law enforcement agency or agencies having local jurisdiction at
15the site of the new facility that the defendant is a person subject
16to clause (ii) or (iii) of subparagraph (B) of paragraph (1).

17(7) (A) An order by the court authorizing involuntary
18medication of the defendant shall be valid for no more than one
19year. The court shall review the order at the time of the review of
20the initial report and the six-month progress reports pursuant to
21paragraph (1) of subdivision (b) to determine if the grounds for
22the authorization remain. In the review, the court shall consider
23the reports of the treating psychiatrist or psychiatrists and the
24defendant’s patients’ rights advocate or attorney. The court may
25require testimony from the treating psychiatrist or psychiatrists
26and the patients’ rights advocate or attorney, if necessary. The
27court may continue the order authorizing involuntary medication
28for up to another six months, or vacate the order, or make any other
29appropriate order.

30(B) Within 60 days before the expiration of the one-year
31involuntary medication order, the district attorney, county counsel,
32or representative of any facility where a defendant found
33incompetent to stand trial is committed may petition the committing
34court for a renewal, subject to the same conditions and
35requirements as in subparagraph (A). The petition shall include
36the basis for involuntary medication set forth in clause (i) of
37subparagraph (B) of paragraph (2). Notice of the petition shall be
38provided to the defendant, the defendant’s attorney, and the district
39attorney. The court shall hear and determine whether the defendant
40continues to meet the criteria set forth in clause (i) of subparagraph
P72   1(B) of paragraph (2). The hearing on any petition to renew an order
2for involuntary medication shall be conducted prior to the
3expiration of the current order.

4(b) (1) Within 90 days of a commitment made pursuant to
5subdivision (a), the medical director of the state hospital or other
6treatment facility to which the defendant is confined shall make a
7written report to the court and the community program director
8for the county or region of commitment, or a designee, concerning
9the defendant’s progress toward recovery of mental competence
10and whether the administration of antipsychotic medication remains
11necessary. If the defendant is on outpatient status, the outpatient
12treatment staff shall make a written report to the community
13program director concerning the defendant’s progress toward
14recovery of mental competence. Within 90 days of placement on
15outpatient status, the community program director shall report to
16the court on this matter. If the defendant has not recovered mental
17competence, but the report discloses a substantial likelihood that
18the defendant will regain mental competence in the foreseeable
19future, the defendant shall remain in the state hospital or other
20treatment facility or on outpatient status. Thereafter, at six-month
21intervals or until the defendant becomes mentally competent, if
22the defendant is confined in a treatment facility, the medical
23director of the hospital or person in charge of the facility shall
24report in writing to the court and the community program director
25or a designee regarding the defendant’s progress toward recovery
26of mental competence and whether the administration of
27antipsychotic medication remains necessary. If the defendant is
28on outpatient status, after the initial 90-day report, the outpatient
29treatment staff shall report to the community program director on
30the defendant’s progress toward recovery, and the community
31program director shall report to the court on this matter at
32six-month intervals. A copy of these reports shall be provided to
33the prosecutor and defense counsel by the court.

34(A) If the report indicates that there is no substantial likelihood
35that the defendant will regain mental competence in the foreseeable
36future, the committing court shall order the defendant to be returned
37to the court for proceedings pursuant to paragraph (2) of
38subdivision (c) no later than 10 days following receipt of the report.
39The court shall transmit a copy of its order to the community
40program director or a designee.

P73   1(B) If the report indicates that there is no substantial likelihood
2that the defendant will regain mental competence in the foreseeable
3future, the medical director of the state hospital or other treatment
4facility to which the defendant is confined shall do both of the
5following:

6(i) Promptly notify and provide a copy of the report to the
7defense counsel and the district attorney.

8(ii) Provide a separate notification, in compliance with
9applicable privacy laws, to the committing county’s sheriff that
10transportation will be needed for the patient.

11(2) If the court has issued an order authorizing the treating
12facility to involuntarily administer antipsychotic medication to the
13defendant, the reports made pursuant to paragraph (1) concerning
14 the defendant’s progress toward regaining competency shall also
15consider the issue of involuntary medication. Each report shall
16include, but is not limited to, all the following:

17(A) Whether or not the defendant has the capacity to make
18decisions concerning antipsychotic medication.

19(B) If the defendant lacks capacity to make decisions concerning
20antipsychotic medication, whether the defendant risks serious harm
21to his or her physical or mental health if not treated with
22antipsychotic medication.

23(C) Whether or not the defendant presents a danger to others if
24he or she is not treated with antipsychotic medication.

25(D) Whether the defendant has a mental illness for which
26medications are the only effective treatment.

27(E) Whether there are any side effects from the medication
28currently being experienced by the defendant that would interfere
29with the defendant’s ability to collaborate with counsel.

30(F) Whether there are any effective alternatives to medication.

31(G) How quickly the medication is likely to bring the defendant
32to competency.

33(H) Whether the treatment plan includes methods other than
34medication to restore the defendant to competency.

35(I) A statement, if applicable, that no medication is likely to
36restore the defendant to competency.

37(3) After reviewing the reports, the court shall determine whether
38or not grounds for the order authorizing involuntary administration
39of antipsychotic medication still exist and shall do one of the
40following:

P74   1(A) If the original grounds for involuntary medication still exist,
2the order authorizing the treating facility to involuntarily administer
3antipsychotic medication to the defendant shall remain in effect.

4(B) If the original grounds for involuntary medication no longer
5exist, and there is no other basis for involuntary administration of
6antipsychotic medication, the order for the involuntary
7administration of antipsychotic medication shall be vacated.

8(C) If the original grounds for involuntary medication no longer
9exist, and the report states that there is another basis for involuntary
10administration of antipsychotic medication, the court shall set a
11hearing within 21 days to determine whether the order for the
12involuntary administration of antipsychotic medication shall be
13vacated or whether a new order for the involuntary administration
14of antipsychotic medication shall be issued. The hearing shall
15proceed as set forth in subparagraph (B) of paragraph (2) of
16subdivision (a).

17(4) Any defendant who has been committed or has been on
18outpatient status for 18 months and is still hospitalized or on
19outpatient status shall be returned to the committing court where
20a hearing shall be held pursuant to the procedures set forth in
21Section 1369. The court shall transmit a copy of its order to the
22community program director or a designee.

23(5) If it is determined by the court that no treatment for the
24defendant’s mental impairment is being conducted, the defendant
25shall be returned to the committing court. The court shall transmit
26a copy of its order to the community program director or a
27 designee.

28(6) At each review by the court specified in this subdivision,
29the court shall determine if the security level of housing and
30treatment is appropriate and may make an order in accordance
31with its determination. If the court determines that the defendant
32shall continue to be treated in the state hospital or on an outpatient
33basis, the court shall determine issues concerning administration
34of antipsychotic medication, as set forth in subparagraph (B) of
35paragraph (2) of subdivision (a).

36(c) (1) At the end of three years from the date of commitment
37or a period of commitment equal to the maximum term of
38imprisonment provided by law for the most serious offense charged
39in the information, indictment, or misdemeanor complaint, or the
40maximum term of imprisonment provided by law for a violation
P75   1of probation or mandatory supervision, whichever is shorter, but
2no later than 90 days prior to the expiration of the defendant’s term
3of commitment, a defendant who has not recovered mental
4competence shall be returned to the committing court. The court
5shall notify the community program director or a designee of the
6return and of any resulting court orders.

7(2) Whenever any defendant is returned to the court pursuant
8to paragraph (1) or (4) of subdivision (b) or paragraph (1) of this
9subdivision and it appears to the court that the defendant is gravely
10disabled, as defined in subparagraph (B) of paragraph (1) of
11subdivision (h) of Section 5008 of the Welfare and Institutions
12Code, the court shall order the conservatorship investigator of the
13county of commitment of the defendant to initiate conservatorship
14proceedings for the defendant pursuant to Chapter 3 (commencing
15with Section 5350) of Part 1 of Division 5 of the Welfare and
16Institutions Code. Any hearings required in the conservatorship
17 proceedings shall be held in the superior court in the county that
18ordered the commitment. The court shall transmit a copy of the
19order directing initiation of conservatorship proceedings to the
20community program director or a designee, the sheriff and the
21district attorney of the county in which criminal charges are
22pending, and the defendant’s counsel of record. The court shall
23notify the community program director or a designee, the sheriff
24and district attorney of the county in which criminal charges are
25pending, and the defendant’s counsel of record of the outcome of
26the conservatorship proceedings.

27(3) If a change in placement is proposed for a defendant who
28is committed pursuant to subparagraph (B) of paragraph (1) of
29subdivision (h) of Section 5008 of the Welfare and Institutions
30Code, the court shall provide notice and an opportunity to be heard
31with respect to the proposed placement of the defendant to the
32sheriff and the district attorney of the county in which the criminal
33charges or revocation proceedings are pending.

34(4) If the defendant is confined in a treatment facility, a copy
35of any report to the committing court regarding the defendant’s
36progress toward recovery of mental competence shall be provided
37by the committing court to the prosecutor and to the defense
38counsel.

39(d) With the exception of proceedings alleging a violation of
40mandatory supervision, the criminal action remains subject to
P76   1dismissal pursuant to Section 1385. If the criminal action is
2dismissed, the court shall transmit a copy of the order of dismissal
3to the community program director or a designee. In a proceeding
4alleging a violation of mandatory supervision, if the person is not
5placed under a conservatorship as described in paragraph (2) of
6subdivision (c), or if a conservatorship is terminated, the court
7shall reinstate mandatory supervision and may modify the terms
8and conditions of supervision to include appropriate mental health
9treatment or refer the matter to a local mental health court, reentry
10court, or other collaborative justice court available for improving
11the mental health of the defendant.

12(e) If the criminal action against the defendant is dismissed, the
13defendant shall be released from any commitment ordered under
14this section, but without prejudice to the initiation of any
15proceedings that may be appropriate under the
16Lanterman-Petris-Short Act (Part 1 (commencing with Section
175000) of Division 5 of the Welfare and Institutions Code).

18(f) As used in this chapter, “community program director” means
19the person, agency, or entity designated by the State Department
20of State Hospitals pursuant to Section 1605 of this code and Section
214360 of the Welfare and Institutions Code.

22(g) For the purpose of this section, “secure treatment facility”
23shall not include, except for state mental hospitals, state
24developmental centers, and correctional treatment facilities, any
25facility licensed pursuant to Chapter 2 (commencing with Section
261250) of, Chapter 3 (commencing with Section 1500) of, or Chapter
273.2 (commencing with Section 1569) of, Division 2 of the Health
28and Safety Code, or any community board and care facility.

29(h) Nothing in this section shall preclude a defendant from filing
30a petition for habeas corpus to challenge the continuing validity
31of an order authorizing a treatment facility or outpatient program
32to involuntarily administer antipsychotic medication to a person
33being treated as incompetent to stand trial.

34begin insert

begin insertSEC. 31.end insert  

end insert

begin insertSection 1370.6 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
35

begin insert1370.6.end insert  

(a) If a county jail treatment facility is selected by the
36court pursuant to Section 1370, the department shall provide
37restoration of competency treatment at the county jail treatment
38facility and shall provide payment to the county jail treatment
39facility for the reasonable costs of the bed during the restoration
40of competency treatment as well as for the reasonable costs of any
P77   1necessary medical treatment not provided within the county jail
2treatment facility, unless otherwise agreed to by the department
3and the facility.

4(1) If the county jail treatment facility is able to provide
5restoration of competency services, upon approval by the
6department and subject to funding appropriated in the annual
7Budget Act, the county jail treatment facility may provide those
8services and the State Department of State Hospitals may provide
9payment to the county jail treatment facility for the reasonable
10costs of the bed during the restoration of competency treatment
11as well as the reasonable costs of providing restoration of
12competency services and for any necessary medical treatment not
13provided within the county jail treatment facility, unless otherwise
14agreed to by the department and the facility.

15(2) Transportation to a county jail treatment facility for
16admission and from the facility upon the filing of a certificate of
17restoration of competency, or for transfer of a person to another
18county jail treatment facility or to a state hospital, shall be
19provided by the committing county unless otherwise agreed to by
20the department and the facility.

21(3) In the event the State Department of State Hospitals and a
22county jail treatment facility are determined to be comparatively
23at fault for any claim, action, loss, or damage which results from
24their respective obligations under such a contract, each shall
25indemnify the other to the extent of its comparative fault.

26(4) The six-month limitation in Section 1369.1 shall not apply
27to individuals deemed incompetent to stand trial who are being
28treated to restore competency within a county jail treatment facility
29pursuant to this section.

30(b) If the community-based residential system is selected by the
31court pursuant to Section 1370, the State Department of State
32Hospitals shall provide reimbursement to the community-based
33residential treatment system for the cost of restoration of
34competency treatment as negotiated with the State Department of
35State Hospitals.

36(c) The State Department of State Hospitals may provide
37payment to either a county jail treatment facility or a
38community-based residential treatment system directly through
39invoice, or through a contract, at the discretion of the department
P78   1in accordance with the terms and conditions of the contract or
2agreement.

end insert
3begin insert

begin insertSEC. 32.end insert  

end insert

begin insertSection 6402 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

4

6402.  

The Department of Corrections and Rehabilitation
5(CDCR) shall develop policies related to the department’s
6contraband interdiction efforts for individuals entering CDCR
7detention facilities. When developed, these policies shall include,
8but not be limited to, the following specifications:

9(a) Application to all individuals, including visitors, all
10department staff, including executive staff, volunteers, and contract
11employees.

12(b) Use of methods to ensure that profiling is not practiced
13during random searches or searches of all individuals entering the
14prison at that time.

15(c) Establishment of unpredictable, random search efforts and
16methods that ensures that no one, except department employees
17specifically designated to conduct the random search, shall have
18advance notice of when a random search is scheduled.

19(d) All visitors attempting to enter a CDCR detention facility
20shall be informed that they may refuse to be searched by a passive
21alert dog.

22(e) All visitors attempting to enter a CDCR detention facility
23who refuse to be searched by a passive alert dog shall be informed
24of options, including, but not limited to,begin delete voluntarily aborting their
25attempt to enter the detention facility.end delete
begin insert the availability of a
26noncontact visit.end insert

27(f) All individuals attempting to enter a CDCR detention facility,
28who have a positive alert for contraband by an electronic drug
29detection device, a passive alert dog, or other technology, shall be
30informed of begin delete options, including, but not limited to, an unclothed
31body search.end delete
begin insert further potential search or visitation options.end insert

32(g) Establishment of a method by which an individual may
33demonstrate an authorized health-related use of a controlled
34substance when a positive alert is noted by an electronic drug
35detection device, a passive alert dog, or other technology.

36(h) Establishment of specific requirements for additional search
37options when multiple positive alerts occur on an individual
38employee within a specified timeframe.

begin insert

P79   1(i) In determining which additional search options to offer
2visitors and staff, CDCR shall consider the use of full-body
3scanners.

end insert
begin insert

4(j) CDCR shall, within two years of implementation of the policy
5described in this section, conduct an evaluation of the policy. This
6evaluation shall include, but not be limited to, the impact of the
7policy on:

end insert
begin insert

8(1) The amount of contraband, including drugs and cellular
9phones, found in the prisons where the policy was implemented.

end insert
begin insert

10(2) The number of staff assaults that occurred in the prisons
11where the policy was implemented.

end insert
begin insert

12(3) The number of serious rules violation reports issued in
13prisons where the policy was implemented, including any reduction
14in offender violence.

end insert
15begin insert

begin insertSEC. 33.end insert  

end insert

begin insertSection 13600 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

16

13600.  

(a) (1) The Legislature finds and declares that peace
17officers of the state correctional system, including youth and adult
18correctional facilities, fulfill responsibilities that require creation
19and application of sound selection criteria for applicants and
20standards for their training prior to assuming their duties. For the
21purposes of this section, correctional peace officers are peace
22officers as defined in Section 830.5 and employed or designated
23by the Department of Corrections and Rehabilitation.

24(2) The Legislature further finds that sound applicant selection
25and training are essential to public safety and in carrying out the
26missions of the Department of Corrections and Rehabilitation in
27the custody and care of the state’s offender population. The greater
28degree of professionalism which will result from sound screening
29criteria and a significant training curriculum will greatly aid the
30department in maintaining smooth, efficient, and safe operations
31and effective programs.

32(b) There is within the Department of Corrections and
33Rehabilitation a Commission on Correctional Peace Officer
34Standards and Training, hereafter referred to, for purposes of this
35title, as the CPOST.

36(c) (1) The executive board of the CPOST shall be composed
37of six voting members.

38(A) Three members from, appointed by, and representing the
39management of, the Department of Corrections and Rehabilitation,
40one of whom shall represent the Division of Juvenile Facilities.

P80   1(B) Three members from, and appointed by the Governor upon
2recommendation by, and representing the membership of, the
3California Correctional Peace Officers’ Association. Two members
4shall be rank-and-file persons from State Bargaining Unit 6 and
5one member shall be supervisory.

6(C) Appointments shall be for four years.

7(D) Promotion of a member of the CPOST shall invalidate the
8appointment of that member and shall require the recommendation
9and appointment of a new member if the member was appointed
10from rank and file or from supervisory personnel and promoted
11out of his or her respective rank and file or supervisory position
12during his or her term on the CPOST.

13(2) Each appointing authority shall appoint one alternate member
14for each regular member who it appoints pursuant to paragraph
15(1). Every alternate member shall possess the same qualifications
16as the regular member and shall substitute for, and vote in place
17of, the regular member whenever he or she is absent.

18(d) The rules for voting on the executive board of the CPOST
19shall be as follows:

20(1) Decisions shall be made by a majority vote.

21(2) Proxy voting shall not be permitted.

22(3) Tentative approval of a decision by the CPOST may be taken
23by a telephone vote. The CPOST members’ decision shall be
24documented in writing and submitted to the CPOST for
25confirmation at the next scheduled CPOST meeting so as to become
26a part of the permanent record.

27(e) The executive board of the CPOST shall adopt rules as it
28deems necessary for efficient operations, including, but not limited
29to, the appointment of advisory members for forming whatever
30committees it deems necessary to conduct its business. These rules
31shall be in conformance with the State Personnel Board rules and
32regulations, the Department of Personnel Administration rules and
33regulations, and the provisions of the State Bargaining Unit 6
34memorandum of understanding.

35(f) The CPOST shall appoint an executive director.

begin delete

36(g) This section shall be operative on July 1, 2012.

end delete
begin insert

37(g) This section shall remain in effect only until July 1, 2015,
38and as of that date is repealed, unless a later enacted statute, that
39is enacted before July 1, 2015, deletes or extends that date.

end insert
40begin insert

begin insertSEC. 34.end insert  

end insert

begin insertSection 13600 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
P81   1

begin insert13600.end insert  

(a) (1) The Legislature finds and declares that peace
2officers of the state correctional system, including youth and adult
3correctional facilities, fulfill responsibilities that require creation
4and application of sound selection criteria for applicants and
5standards for their training prior to assuming their duties. For the
6purposes of this section, correctional peace officers are peace
7officers as defined in Section 830.5 and employed or designated
8by the Department of Corrections and Rehabilitation.

9(2) The Legislature further finds that sound applicant selection
10and training are essential to public safety and in carrying out the
11 missions of the Department of Corrections and Rehabilitation in
12the custody and care of the state’s offender population. The greater
13degree of professionalism which will result from sound screening
14criteria and a significant training curriculum will greatly aid the
15department in maintaining smooth, efficient, and safe operations
16and effective programs.

17(b) There is within the Department of Corrections and
18Rehabilitation a Commission on Correctional Peace Officer
19Standards and Training, hereafter referred to, for purposes of this
20title, as the CPOST.

21(c) (1) The executive board of the CPOST shall be composed
22of six voting members.

23(A) Three members from, appointed by, and representing the
24management of, the Department of Corrections and Rehabilitation,
25one of whom shall represent the Division of Juvenile Justice or
26the Division of Rehabilitative Programs.

27(B) Three members from, and appointed by the Governor upon
28recommendation by, and representing the membership of, the
29California Correctional Peace Officers’ Association. Two members
30shall be rank-and-file persons from State Bargaining Unit 6 and
31one member shall be supervisory.

32(C) Appointments shall be for four years.

33(D) Promotion of a member of the CPOST shall invalidate the
34appointment of that member and shall require the recommendation
35and appointment of a new member if the member was appointed
36from rank and file or from supervisory personnel and promoted
37out of his or her respective rank and file or supervisory position
38during his or her term on the CPOST.

39(2) Each appointing authority shall appoint one alternate
40member for each regular member who it appoints pursuant to
P82   1paragraph (1). Every alternate member shall possess the same
2qualifications as a regular member and shall substitute for, and
3vote in place of, a regular member who was appointed by the same
4appointing authority whenever a regular member is absent.

5(d) The rules for voting on the executive board of the CPOST
6shall be as follows:

7(1) Decisions shall be made by a majority vote.

8(2) Proxy voting shall not be permitted.

9(3) Tentative approval of a decision by the CPOST may be taken
10by a telephone vote. The CPOST members’ decision shall be
11documented in writing and submitted to the CPOST for
12confirmation at the next scheduled CPOST meeting so as to become
13a part of the permanent record.

14(e) The executive board of the CPOST shall adopt rules as it
15deems necessary for efficient operations, including, but not limited
16to, the appointment of advisory members for forming whatever
17committees it deems necessary to conduct its business. These rules
18shall be in conformance with the State Personnel Board rules and
19regulations, the Department of Personnel Administration rules
20and regulations, and the provisions of the State Bargaining Unit
216 memorandum of understanding.

22(f) The executive board shall seek advice from national experts,
23including university and college institutions and correctional
24associations, on issues pertaining to adult corrections, juvenile
25justice, and the training of the Department of Corrections and
26Rehabilitation staff that are relevant to its mission. To this end,
27 the executive board shall seek information from experts with the
28most specific knowledge concerning the subject matter.

29(g) This section shall be operative on July 1, 2015.

end insert
30begin insert

begin insertSEC. 35.end insert  

end insert

begin insertSection 13601 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

31

13601.  

(a) The CPOST shall develop, approve, and monitor
32standards for the selection and training of state correctional peace
33officer apprentices. Any standard for selection established under
34this subdivision shall be subject to approval by the Department of
35Human Resources. Using the psychological and screening standards
36approved by the Department of Human Resources, the Department
37of Human Resources or the Department of Corrections and
38Rehabilitation shall ensure that, prior to training, each applicant
39who has otherwise qualified in all physical and other testing
40requirements to be a peace officer in either a youth or adult
P83   1correctional facility, is determined to be free from emotional or
2mental conditions that might adversely affect the exercise of his
3or her duties and powers as a peace officer pursuant to the standards
4 developed by CPOST.

5(b) The CPOST may approve standards for a course in the
6carrying and use of firearms for correctional peace officers that is
7different from that prescribed pursuant to Section 832. The
8standards shall take into consideration the different circumstances
9presented within the institutional setting from that presented to
10other law enforcement agencies outside the correctional setting.

11(c) Notwithstanding Section 3078 of the Labor Code, the length
12of the probationary period for correctional peace officer apprentices
13shall be determined by the CPOST subject to approval by the State
14Personnel Board, pursuant to Section 19170 of the Government
15Code.

16(d) The CPOST shall develop, approve, and monitor standards
17for advanced rank-and-file and supervisory state correctional peace
18officer and training programs for the Department of Corrections
19and Rehabilitation. When a correctional peace officer is promoted
20within the department, he or she shall be provided with and be
21required to complete these secondary training experiences.

22(e) The CPOST shall develop, approve, and monitor standards
23for the training of state correctional peace officers in the department
24in the handling of stress associated with their duties.

25(f) Toward the accomplishment of the objectives of this act, the
26CPOST may confer with, and may avail itself of the assistance
27and recommendations of, other state and local agencies, boards,
28or commissions.

29(g) Notwithstanding the authority of the CPOST, the department
30shall design and deliver training programs, shall conduct validation
31studies, and shall provide program support. The CPOST shall
32monitor program compliance by the department.

33(h) The CPOST may disapprove any training courses created
34by the department pursuant to the standards developed by CPOST
35if it determines that the courses do not meet the prescribed
36standards.

37(i) The CPOST shall annually submit an estimate of costs to
38conduct those inquiries and audits as may be necessary to determine
39whether the department and each of its institutions and parole
40regions are adhering to the standards developed by the CPOST,
P84   1and shall conduct those inquiries and audits consistent with the
2annual Budget Act.

3(j) The CPOST shall establish and implement procedures for
4reviewing and issuing decisions concerning complaints or
5recommendations from interested parties regarding the CPOST
6rules, regulations, standards, or decisions.

begin delete

7(k) This section shall become operative July 1, 2012.

end delete
begin insert

8(k) This section shall remain in effect only until July 1, 2015,
9and as of that date is repealed, unless a later enacted statute, that
10is enacted before July 1, 2015, deletes or extends that date.

end insert
11begin insert

begin insertSEC. 36.end insert  

end insert

begin insertSection 13601 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
12

begin insert13601.end insert  

(a) The CPOST shall develop, approve, and monitor
13standards for the selection and training of state correctional peace
14officer apprentices. Any standard for selection established under
15this subdivision shall be subject to approval by the Department of
16Human Resources. Using the psychological and screening
17standards approved by the Department of Human Resources, the
18Department of Human Resources or the Department of Corrections
19and Rehabilitation shall ensure that, prior to training, each
20applicant who has otherwise qualified in all physical and other
21testing requirements to be a peace officer the Department of
22Corrections and Rehabilitation, is determined to be free from
23emotional or mental conditions that might adversely affect the
24exercise of his or her duties and powers as a peace officer pursuant
25to the standards developed by CPOST.

26(b) The CPOST may approve standards for a course in the
27carrying and use of firearms for correctional peace officers that
28is different from that prescribed pursuant to Section 832. The
29standards shall take into consideration the different circumstances
30presented within the institutional setting from that presented to
31other law enforcement agencies outside the correctional setting.

32(c) Notwithstanding Section 3078 of the Labor Code, the length
33of the probationary period for correctional peace officer
34apprentices shall be determined by the CPOST subject to approval
35by the State Personnel Board, pursuant to Section 19170 of the
36Government Code.

37(d) The CPOST shall develop, approve, and monitor standards
38for advanced rank-and-file and supervisory state correctional
39peace officer and training programs for the Department of
40Corrections and Rehabilitation. When a correctional peace officer
P85   1is promoted within the department, he or she shall be provided
2with and be required to complete these secondary training
3experiences.

4(e) The CPOST shall develop, approve, and monitor standards
5for the training of state correctional peace officers in the
6department in the handling of stress associated with their duties.

7(f) Toward the accomplishment of the objectives of this section,
8the CPOST may confer with, and may avail itself of the assistance
9 and recommendations of, other state and local agencies, boards,
10or commissions.

11(g) Notwithstanding the authority of the CPOST, the department
12shall design and deliver training programs, shall conduct
13validation studies, and shall provide program support. The CPOST
14shall monitor program compliance by the department.

15(h) The CPOST may disapprove any training courses created
16by the department pursuant to the standards developed by CPOST
17if it determines that the courses do not meet the prescribed
18standards. Training may continue with existing curriculum pending
19resolution.

20(i) The CPOST shall annually submit an estimate of costs to
21conduct those inquiries and audits as may be necessary to
22determine whether the department and each of its institutions and
23parole regions are adhering to the standards developed by the
24CPOST, and shall conduct those inquiries and audits consistent
25with the annual Budget Act.

26(j) The CPOST shall establish and implement procedures for
27reviewing and issuing decisions concerning complaints or
28recommendations from interested parties regarding the CPOST
29rules, regulations, standards, or decisions.

30(k) This section shall become operative July 1, 2015.

end insert
31begin insert

begin insertSEC. 37.end insert  

end insert

begin insertSection 13602 of the end insertbegin insertPenal Codeend insertbegin insert, as amended by
32Section 19 of Chapter 310 of the Statutes of 2013, is amended to
33read:end insert

34

13602.  

(a) The Department of Corrections and Rehabilitation
35may use the training academy at Galt or the training center in
36Stockton. The academy at Galt shall be known as the Richard A.
37McGee Academy. The training divisions, in using the funds, shall
38endeavor to minimize costs of administration so that a maximum
39amount of the funds will be used for providing training and support
P86   1to correctional peace officers while being trained by the
2department.

3(b) Notwithstanding subdivision (a), and pursuant to Section
413602.1, the Department of Corrections and Rehabilitation may
5use a training academy established for the California City
6Correctional Center. This academy, in using the funds, shall
7endeavor to minimize costs of administration so that a maximum
8amount of the funds will be used for providing training and support
9to correctional employees who are being trained by the department.

10(c) Each new cadet who attends an academy shall complete the
11course of training, pursuant to standards approved by the CPOST
12before he or she may be assigned to a post or job as a peace officer.
13Every newly appointed first-line or second-line supervisor in the
14Department of Corrections and Rehabilitation shall complete the
15course of training, pursuant to standards approved by the CPOST
16for that position.

17(d) The Department of Corrections and Rehabilitation shall
18make every effort to provide training prior to commencement of
19supervisorial duties. If this training is not completed within six
20months of appointment to that position, any first-line or second-line
21supervisor shall not perform supervisory duties until the training
22is completed.

begin delete

23(e) This section shall remain in effect only until January 1, 2017,
24and as of that date is repealed, unless a later enacted statute, that
25is enacted before January 1, 2017, deletes or extends that date.

end delete
26begin insert

begin insertSEC. 38.end insert  

end insert

begin insertSection 13602 of the end insertbegin insertPenal Codeend insertbegin insert, as added by Section
2720 of Chapter 310 of the Statutes of 2013, is repealed.end insert

begin delete
28

13602.  

(a) The Department of Corrections and Rehabilitation
29may use the training academy at Galt or the training center in
30Stockton. The academy at Galt shall be known as the Richard A.
31McGee Academy. The training divisions, in using the funds, shall
32endeavor to minimize costs of administration so that a maximum
33amount of the funds will be used for providing training and support
34to correctional peace officers while being trained by the
35department.

36(b) Each new cadet who attends an academy shall complete the
37course of training, pursuant to standards approved by the CPOST,
38before he or she may be assigned to a post or job as a peace officer.
39Every newly appointed first-line or second-line supervisor in the
40 Department of Corrections and Rehabilitation shall complete the
P87   1course of training, pursuant to standards approved by the CPOST
2for that position.

3(c) The Department of Corrections and Rehabilitation shall
4make every effort to provide training prior to commencement of
5supervisorial duties. If this training is not completed within six
6months of appointment to that position, any first-line or second-line
7supervisor shall not perform supervisory duties until the training
8is completed.

9(d) This section shall become operative January 1, 2017.

end delete
10begin insert

begin insertSEC. 39.end insert  

end insert

begin insertSection 13602.1 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
11read:end insert

12

13602.1.  

The Department of Corrections and Rehabilitation
13may establish a training academy for correctionalbegin insert peaceend insert officers
14in southern California.

15begin insert

begin insertSEC. 40.end insert  

end insert

begin insertSection 13603 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

16

13603.  

(a) The Department of Corrections and Rehabilitation
17shall provide 16 weeks of training to each correctional peace officer
18cadet. Except as provided by subdivision (b), this training shall be
19completed by the cadet prior to his or her assignment to a post or
20position as a correctional peace officer.

21(b) If an agreement is reached between the department and the
22bargaining unit for the correctional peace officers that this
23subdivision shall apply, and with the approval of the CPOST on
24how to implement the on-the-job training requirements of this
25subdivision, the department shall provide a total of 16 weeks of
26training to each correctional peace officer cadet as follows:

27(1) Twelve weeks of the training shall be at the department’s
28training academy. Cadets shall be sworn in as correctional peace
29officers upon the completion of this initial 12 weeks.

30(2) Four weeks shall be at the institution where the cadet is
31assigned to a post or position.

32(c) The department shall provide a minimum of two weeks of
33training to each newly appointed first-line supervisor.

34(d) Training standards previously established pursuant to this
35section shall remain in effect until training requirements are
36established by the CPOST pursuant to Section 13602.

begin delete

37(e) This section shall become operative July 1, 2012.

end delete
begin insert

38(e) This section shall remain in effect only until July 1, 2015,
39and as of that date is repealed, unless a later enacted statute, that
40is enacted before July 1, 2015, deletes or extends that date.

end insert
P88   1begin insert

begin insertSEC. 41.end insert  

end insert

begin insertSection 13603 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
2

begin insert13603.end insert  

(a) The Department of Corrections and Rehabilitation
3shall provide 480 hours of training to each correctional peace
4officer cadet. This training shall be completed by the cadet prior
5to his or her assignment to a post or position as a correctional
6peace officer.

7(b) The CPOST shall determine the on-the-job training
8requirements for correctional peace officers.

9(c) The department shall provide a minimum of two weeks of
10training to each newly appointed first-line supervisor.

11(d) Training standards previously established pursuant to this
12section shall remain in effect until training requirements are
13established by the CPOST pursuant to Section 13602.

14(e) This section shall become operative July 1, 2015.

end insert
15begin insert

begin insertSEC. 42.end insert  

end insert

begin insertSection 42008.8 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to
16read:end insert

begin insert
17

begin insert42008.8.end insert  

(a) The Legislature finds and declares that a one-time
18infraction amnesty program would do all of the following:

19(1) Provide relief to individuals who have found themselves in
20violation of a court-ordered obligation because they have unpaid
21traffic bail or fines.

22(2) Provide relief to individuals who have found themselves in
23violation of a court-ordered obligation or who have had their
24driving privileges suspended pursuant to Section 13365.

25(3) Provide increased revenue at a time when revenue is scarce
26by encouraging payment of old fines that have remained unpaid.

27(4) Allow courts and counties to resolve older delinquent cases
28and focus limited resources on collections for more recent cases.

29(b) A one-time amnesty program for fines and bail meeting the
30eligibility requirements set forth in subdivision (e) shall be
31established in each county. Unless agreed otherwise by the court
32and the county in writing, the government entities that are
33responsible for the collection of delinquent court-ordered debt
34shall be responsible for implementation of the amnesty program
35as to that debt, maintaining the same division of responsibility in
36place with respect to the collection of court-ordered debt under
37subdivision (b) of Section 1463.010 of the Penal Code.

38(c) As used in this section, the term “fine” or “bail” refers to
39the total amounts due in connection with a specific violation, which
40 include, but are not limited to, all of the following:

P89   1(1) Base fine or bail, as established by court order, by statute,
2or by the court’s bail schedule.

3(2) Penalty assessments imposed pursuant to Section 1464 of
4the Penal Code, and Sections 70372, 76000, 76000.5, 76104.6,
5and 76104.7 of, and paragraph (1) of subdivision (c) of Section
676000.10 of, the Government Code, and Section 42006 of this
7code.

8(3) State surcharges imposed pursuant to Section 1465.7 of the
9Penal Code.

10(4) Court operations assessments imposed pursuant to Section
111465.8 of the Penal Code.

12(5) Criminal conviction assessments pursuant to Section 70373
13of the Government Code.

14(d) Notwithstanding subdivision (c), any civil assessment
15imposed pursuant to Section 1214.1 of the Penal Code shall not
16be collected, nor shall the payment of that assessment be a
17requirement of participation in the amnesty program.

18(e) Concurrent with the amnesty program established pursuant
19to subdivision (b), between October 1, 2015, to March 31, 2017,
20inclusive, the following shall apply:

21(1) The court shall issue and file with the Department of Motor
22Vehicles the appropriate certificate pursuant to subdivisions (a)
23and (b) of Section 40509 for any participant of the one-time
24amnesty program established pursuant to subdivision (b)
25demonstrating that the participant has appeared in court, paid the
26fine, or otherwise satisfied the court, if the driving privilege of that
27participant was suspended pursuant to Section 13365 in connection
28with a specific violation described in paragraph (1), (2), or (3) of
29subdivision (g).

30(2) The court shall issue and file with the department the
31appropriate certificate pursuant to subdivisions (a) and (b) of
32Section 40509 for any person in good standing in a comprehensive
33collection program pursuant to subdivision (c) of Section 1463.007
34of the Penal Code demonstrating that the person has appeared in
35court, paid the fine, or otherwise satisfied the court, if the driving
36privilege was suspended pursuant to Section 13365 in connection
37with a specific violation described in paragraph (1), (2), or (3) of
38subdivision (g).

39(3) Any person who is eligible for a driver’s license pursuant
40to Section 12801, 12801.5, or 12801.9 shall be eligible for the
P90   1amnesty program established pursuant to subdivision (b) for any
2specific violation described in subdivision (g). The department
3shall issue a driver’s license to any person who is eligible pursuant
4to Section 12801, 12801.5, or 12801.9 if the person is participating
5in the amnesty program and is otherwise eligible for the driver’s
6license but for the fines or bail to be collected through the program.

7(4) The Department of Motor Vehicles shall not deny reinstating
8the driving privilege of any person who participates in the amnesty
9program established pursuant to subdivision (b) for any fines or
10bail in connection with the specific violation that is the basis for
11participation in the amnesty program.

12(f) In addition to, and at the same time as, the mandatory
13one-time amnesty program is established pursuant to subdivision
14(b), the court and the county may jointly agree to extend that
15amnesty program to fines and bail imposed for a misdemeanor
16violation of this code and a violation of Section 853.7 of the Penal
17Code that was added to the misdemeanor case otherwise subject
18to the amnesty. The amnesty program authorized pursuant to this
19subdivision shall not apply to parking violations and violations of
20Sections 23103, 23104, 23105, 23152, and 23153.

21(g) A violation is only eligible for amnesty if paragraph (1), (2),
22or (3) applies, and the requirements of paragraphs (4) to (7),
23inclusive, are met:

24(1) The violation is an infraction violation filed with the court.

25(2) It is a violation of subdivision (a) or (b) of Section 40508,
26or a violation of Section 853.7 of the Penal Code that was added
27to the case subject to paragraph (1).

28(3) The violation is a misdemeanor violation filed with the court
29to which subdivision (f) applies.

30(4) The initial due date for payment of the fine or bail was on
31or before January 1, 2013.

32(5) There are no outstanding misdemeanor or felony warrants
33for the defendant within the county, except for misdemeanor
34warrants for misdemeanor violations subject to this section.

35(6) The person does not owe victim restitution on any case within
36the county.

37(7) The person is not currently making payments to a
38comprehensive collection program pursuant to subdivision (c) of
39Section 1463.007 of the Penal Code.

P91   1(h) (1) Except as provided in paragraph (2), each amnesty
2program shall accept, in full satisfaction of any eligible fine or
3bail, 50 percent of the fine or bail amount, as defined in subdivision
4(c).

5(2) If the participant certifies under penalty of perjury that he
6or she receives any of the public benefits listed in subdivision (a)
7of Section 68632 of the Government Code or is within the
8conditions described in subdivision (b) of Section 68632 of the
9Government Code, the amnesty program shall accept, in full
10satisfaction of any eligible fine or bail, 20 percent of the fine or
11bail amount, as defined in subdivision (c).

12(i) The Judicial Council, in consultation with the California
13State Association of Counties, shall adopt guidelines for the
14amnesty program no later than October 1, 2015, and each program
15shall be conducted in accordance with the Judicial Council’s
16guidelines. As part of its guidelines, the Judicial Council shall
17include all of the following:

18(1) Each court or county responsible for implementation of the
19amnesty program pursuant to subdivision (b) shall recover costs
20pursuant to subdivision (a) of Section 1463.007 of the Penal Code
21and may charge an amnesty program fee of fifty dollars ($50) that
22may be collected with the receipt of the first payment of a
23participant.

24(2) A payment plan option created pursuant to Judicial Council
25guidelines in which a monthly payment is equal to the amount that
26an eligible participant can afford to pay per month consistent with
27Sections 68633 and 68634 of the Government Code. If a participant
28chooses the payment plan option, the county or court shall collect
29all relevant information to allow for collection by the Franchise
30Tax Board pursuant to existing protocols prescribed by the
31Franchise Tax Board to collect delinquent debts of any amount in
32which a participant is delinquent or otherwise in default under his
33or her amnesty payment plan.

34(3) If a participant does not comply with the terms of his or her
35payment plan under the amnesty program, including failing to
36make one or more payments, the appropriate agency shall send a
37notice to the participant that he or she has failed to make one or
38more payments and that the participant has 30 days to either
39resume making payments or to request that the agency change the
40payment amount. If the participant fails to respond to the notice
P92   1within 30 days, the appropriate agency may refer the participant
2to the Franchise Tax Board for collection of any remaining balance
3owed, including an amount equal to the reasonable administrative
4costs incurred by the Franchise Tax Board to collect the delinquent
5amount owed. The Franchise Tax Board shall collect any
6delinquent amounts owed pursuant to existing protocols prescribed
7by the Franchise Tax Board. The comprehensive collection
8program may also utilize additional collection efforts pursuant to
9 Section 1463.007 of the Penal Code, except for subparagraph (C)
10of paragraph (4) of subdivision (c) of that section.

11(4) A plan for outreach that will, at a minimum, make available
12via an Internet Web site relevant information regarding the
13amnesty program, including how an individual may participate in
14the amnesty program.

15(5) The Judicial Council shall reimburse costs incurred by the
16Department of Motor Vehicles up to an amount not to exceed two
17hundred fifty thousand dollars ($250,000), including all of the
18following:

19(A) Providing on a separate insert with each motor vehicle
20registration renewal notice a summary of the amnesty program
21established pursuant to this section that is compliant with Section
227292 of the Government Code.

23(B) Posting on the department’s Internet Web site information
24regarding the amnesty program.

25(C) Personnel costs associated with the amnesty program.

26(j) No criminal action shall be brought against a person for a
27delinquent fine or bail paid under the amnesty program.

28(k) (1) The total amount of funds collected under the amnesty
29program shall, as soon as practical after receipt thereof, be
30deposited in the county treasury or the account established under
31Section 77009 of the Government Code. After acceptance of the
32amount specified in subdivision (h), notwithstanding Section
331203.1d of the Penal Code, the remaining revenues collected under
34the amnesty program shall be distributed on a pro rata basis in
35the same manner as a partial payment distributed pursuant to
36Section 1462.5 of the Penal Code.

37(2) Notwithstanding Section 1464 of the Penal Code, the amount
38of funds collected pursuant to this section that would be available
39for distribution pursuant to subdivision (f) of Section 1464 of the
40Penal Code shall instead be distributed as follows:

P93   1(A) The first two hundred fifty thousand dollars ($250,000)
2received shall be transferred to the Judicial Council.

3(B) Following the transfer of the funds described in
4subparagraph (A), once a month, both of the following transfers
5shall occur:

6(i) An amount equal to 82.20 percent of the amount of funds
7collected pursuant to this section during the preceding month shall
8be transferred into the Peace Officers’ Training Fund.

9(ii) An amount equal to 17.80 percent of the amount of funds
10collected pursuant to this section during the preceding month shall
11be transferred into the Corrections Training Fund.

12(l) Each court or county implementing an amnesty program
13shall file, not later than May 31, 2017, a written report with the
14Judicial Council, on a form approved by the Judicial Council. The
15report shall include information about the number of cases
16resolved, the amount of money collected, and the operating costs
17of the amnesty program. Notwithstanding Section 10231.5 of the
18Government Code, on or before August 31, 2017, the Judicial
19Council shall submit a report to the Legislature summarizing the
20information provided by each court or county.

end insert
21begin insert

begin insertSEC. 43.end insert  

end insert

begin insertSection 3313 is added to the end insertbegin insertWelfare and Institutions
22Code
end insert
begin insert, to read:end insert

begin insert
23

begin insert3313.end insert  

(a) The Department of Finance and the Department of
24Corrections and Rehabilitation shall release a report that provides
25an updated comprehensive plan for the state prison system,
26including a permanent solution to the decaying infrastructure of
27the California Rehabilitation Center. The report shall be submitted
28with the Governor’s 2016-17 Budget to the Assembly Committee
29on Appropriations, the Assembly Committee on Budget, the Senate
30Committee on Appropriations, the Senate Committee on Budget
31and Fiscal Review, and the Joint Legislative Budget Committee.

32(b) The Legislature finds and declares that given the reduction
33in the prison population, further investment in building additional
34prisons is unnecessary at this time, and that the California
35 Rehabilitation Center may be closed without jeopardizing the
36court-ordered prison population cap.

end insert
37begin insert

begin insertSEC. 44.end insert  

end insert

begin insertSection 4023.6 is added to the end insertbegin insertWelfare and Institutions
38Code
end insert
begin insert, to read:end insert

begin insert
P94   1

begin insert4023.6.end insert  

(a) The Office of Law Enforcement Support within the
2California Health and Human Services Agency shall investigate
3both of the following:

4(1) Any incident at a developmental center or state hospital that
5involves developmental center or state hospital law enforcement
6personnel and that meets the criteria in Section 4023 or 4427.5,
7or alleges serious misconduct by law enforcement personnel.

8(2) Any incident at a developmental center or state hospital that
9the Chief of the Office of Law Enforcement Support, the Secretary
10of the California Health and Human Services Agency, or the
11Undersecretary of the California Health and Human Services
12Agency directs the office to investigate.

13(b) All incidents that meet the criteria of Section 4023 or 4427.5
14shall be reported immediately to the Chief of the Office of Law
15Enforcement Support by the Chief of the facility’s Office of
16Protective Services.

17(c) (1) Before adopting policies and procedures related to
18fulfilling the requirements of this section related to the
19Developmental Centers Division of the State Department of
20Developmental Services, the Office of Law Enforcement Support
21shall consult with the executive director of the protection and
22advocacy agency established by Section 4901, or his or her
23designee; the Executive Director of the Association of Regional
24Center Agencies, or his or her designee; and other advocates,
25including persons with developmental disabilities and their family
26members, on the unique characteristics of the persons residing in
27the developmental centers and the training needs of the staff who
28will be assigned to this unit.

29(2) Before adopting policies and procedures related to fulfilling
30the requirements of this section related to the State Department
31of State Hospitals, the Office of Law Enforcement Support shall
32consult with the executive director of the protection and advocacy
33agency established by Section 4901, or his or her designee, and
34other advocates, including persons with mental health disabilities,
35former state hospital residents, and their family members.

end insert
36begin insert

begin insertSEC. 45.end insert  

end insert

begin insertSection 4023.7 is added to the end insertbegin insertWelfare and Institutions
37Code
end insert
begin insert, to read:end insert

begin insert
38

begin insert4023.7.end insert  

(a) The Office of Law Enforcement Support shall be
39responsible for contemporaneous oversight of investigations that
40(1) are conducted by the State Department of State Hospitals and
P95   1involve an incident that meets the criteria of Section 4023, and (2)
2are conducted by the State Department of Developmental Services
3and involve an incident that meets the criteria of Section 4427.5.

4(b) Upon completion of a review, the Office of Law Enforcement
5Support shall prepare a written incident report, which shall be
6held as confidential.

end insert
7begin insert

begin insertSEC. 46.end insert  

end insert

begin insertSection 4023.8 is added to the end insertbegin insertWelfare and Institutions
8Code
end insert
begin insert, to read:end insert

begin insert
9

begin insert4023.8.end insert  

(a) (1) Commencing October 1, 2016, the Office of
10Law Enforcement Support shall issue regular reports, no less than
11semiannually, to the Governor, the appropriate policy and budget
12committees of the Legislature, and the Joint Legislative Budget
13Committee, summarizing the investigations it conducted pursuant
14to Section 4023.6 and its oversight of investigations pursuant to
15Section 4023.7. Reports encompassing data from January through
16June, inclusive, shall be made on October 1 of each year, and
17reports encompassing data from July to December, inclusive, shall
18be made on March 1 of each year.

19(2) The reports required by paragraph (1) shall include, but
20not be limited to, all of the following:

21(A) The number, type, and disposition of investigations of
22incidents.

23(B) A synopsis of each investigation reviewed by the Office of
24Law Enforcement Support.

25(C) An assessment of the quality of each investigation, the
26appropriateness of any disciplinary actions, the Office of Law
27Enforcement Support’s recommendations regarding the disposition
28in the case and the level of disciplinary action, and the degree to
29which the agency’s authorities agreed with the Office of Law
30Enforcement Support’s recommendations regarding disposition
31and level of discipline.

32(D) The report of any settlement and whether the Office of Law
33Enforcement Support concurred with the settlement.

34(E) The extent to which any disciplinary action was modified
35after imposition.

36(F) Timeliness of investigations and completion of investigation
37reports.

38(G) The number of reports made to an individual’s licensing
39board, including, but not limited to, the Medical Board of
40California, the Board of Registered Nursing, the Board of
P96   1Vocational Nursing and Psychiatric Technicians of the State of
2California, or the California State Board of Pharmacy, in cases
3involving serious or criminal misconduct by the individual.

4(H) The number of investigations referred for criminal
5prosecution and employee disciplinary action and the outcomes
6of those cases.

7(I) The adequacy of the State Department of State Hospitals’
8and the Developmental Centers Division of the State Department
9of Developmental Services’ systems for tracking patterns and
10monitoring investigation outcomes and employee compliance with
11training requirements.

12(3) The reports required by paragraph (1) shall be in a form
13that does not identify the agency employees involved in the alleged
14misconduct.

15(4) The reports required by paragraph (1) shall be posted on
16the Office of Law Enforcement Support’s Internet Web site and
17otherwise made available to the public upon their release to the
18Governor and the Legislature.

19(b) The protection and advocacy agency established by Section
204901 shall have access to the reports issued pursuant to paragraph
21(1) of subdivision (a) and all supporting materials except personnel
22records.

end insert
23begin insert

begin insertSEC. 47.end insert  

end insert

begin insertSection 4117 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
24amended to read:end insert

25

4117.  

(a) Whenever a trial is had of any person charged with
26escape or attempt to escape from a state hospital, whenever a
27hearing is had on the return of a writ of habeas corpus prosecuted
28by or on behalf of any person confined in a state hospital except
29in a proceeding to which Section 5110 applies, whenever a hearing
30is had on a petition under Section 1026.2, subdivision (b) of Section
311026.5, Section 2966, or Section 2972 of the Penal Code, Section
327361 of this code, or former Section 6316.2 of this code for the
33release of a person confined in a state hospital, whenever a hearing
34is had for an order seeking involuntary treatment with psychotropic
35medication, or any other medication for which an order is required,
36of a person confined in a state hospital pursuant to Section 2962
37of the Penal Code, and whenever a person confined in a state
38hospital is tried for a crime committed therein, the appropriate
39financial officer or other designated official of the county in which
40the trial or hearing is had shall make out a statement of all mental
P97   1health treatment costs and shall make out a separate statement of
2all nontreatment costs incurred by the county for investigation and
3other preparation for the trial or hearing, and the actual trial or
4hearing, all costs of maintaining custody of the patient and
5transporting him or her to and from the hospital, and costs of
6begin delete appeal, whichend deletebegin insert appeal. Theend insert statements shall be properly certified
7by a judge of the superior court of that county. The statement of
8mental health treatment costs shall be sent to the State Department
9of State Hospitals and the statement of all nontreatment costs,
10except as provided in subdivision (c), shall be sent to the Controller
11for approval. After approval, the department shall cause the amount
12of mental health treatment costs incurred on or after July 1, 1987,
13to be paid to the county mental health director or his or her
14designee where the trial or hearing was held out of the money
15appropriated for this purpose by the Legislature. In addition, the
16Controller shall cause the amount of all nontreatment costs incurred
17on and after July 1, 1987, to be paid out of the money appropriated
18by the Legislature, to the county treasurer of the county where the
19trial or hearing was had.

20(b) Commencing January 1, 2012, the nontreatment costs
21associated with Section 2966 of the Penal Code and approved by
22the Controller, as required by subdivision (a), shall be paid by the
23Department of Corrections and Rehabilitation pursuant to Section
244750 of the Penal Code.

25(c) The nontreatment costs associated with any hearing for an
26order seeking involuntary treatment with psychotropic medication,
27or any other medication for which an order is required, of a person
28confined in a state hospital pursuant to Sectionbegin insert 1026, 1026.5, orend insert
29 2972 of the Penal Code, as provided in subdivision (a), shall be
30paid by the county of commitment. As used in this subdivision,
31“county of commitment” means the county seeking the continued
32treatment of a mentally disordered offender pursuant to Section
332972 of the Penalbegin delete Code.end deletebegin insert Code or the county committing a patient
34who has been found not guilty by reason of insanity pursuant to
35Section 1026 or 1026.5 of the Penal Code.end insert
The appropriate
36financial officer or other designated official of the county in which
37the proceeding is held shall make out a statement of all of the costs
38incurred by the county for the investigation, preparation, and
39conduct of the proceedings, and the costs of appeal, if any. The
40statement shall be certified by a judge of the superior court of the
P98   1county. The statement shall then be sent to the county of
2commitment, which shall reimburse the county providing the
3services.

4(d) (1) Whenever a hearing is held pursuant to Section 1604,
51608, 1609, or 2966 of the Penal Code, all transportation costs to
6and from a state hospital or a facility designated by the community
7program director during the hearing shall be paid by the Controller
8as provided in this subdivision. The appropriate financial officer
9or other designated official of the county in which a hearing is
10held shall make out a statement of all transportation costs incurred
11by the county. The statement shall be properly certified by a judge
12of the superior court of that county and sent to the Controller for
13approval. The Controller shall cause the amount of transportation
14costs incurred on and after July 1, 1987, to be paid to the county
15treasurer of the county where the hearing was had out of the money
16appropriated by the Legislature.

17(2) As used in this subdivision, “community program director”
18means the person designated pursuant to Section 1605 of the Penal
19Code.

20begin insert

begin insertSEC. 48.end insert  

end insert

begin insertSection 4143 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
21amended to read:end insert

22

4143.  

begin insert(a)end insertbegin insertend insertCommencing July 1, 2015, and subject to available
23funding, the State Department of State Hospitals may establish
24and maintain pilot enhanced treatment programs (ETPs), as defined
25in Section 1265.9 of the Health and Safety Code, and evaluate the
26effectiveness of intensive, evidence-based clinical therapy and
27treatment of patients described in Section 4144.

begin insert

28(b) At least 60 days prior to activating an ETP, the State
29Department of State Hospitals shall submit written draft policies
30and procedures that will guide the operation of the ETP, including,
31but not limited to, admittance criteria, staffing levels, services to
32be provided to patients, a transition planning process, and training
33requirements, to the appropriate policy and fiscal committees of
34the Legislature and to the Joint Legislative Budget Committee.

end insert
35begin insert

begin insertSEC. 49.end insert  

end insert

begin insertItem 0250-101-3259 of Section 2.00 of the end insertbegin insertBudget
36Act of 2014
end insert
begin insert is amended to read:end insert

 

0250-101-3259--For local assistance, Judicial Branch, payable from the Recidivism Reduction Fund   

15,000,000
 Schedule:
 (1)

Program 45.10-Support for Operation of the Trial Courts   

15,000,000 
 Provisions:
 1.Funds appropriated in this item shall be used for the establishment or ongoing operation and staffing of programs known to reduce recidivism and enhance public safety, including collaborative courts that serve moderate and high-risk adult criminal offenders, pretrial programs, and the use of risk and needs assessment instruments at sentencing of felony offenders subject to local supervision. 
 2.Funds shall be designated for a competitive grant program developed and administered by the Judicial Council and shall be used to support the administration and operation of programs and practices known to reduce offender recidivism including the use of risk and needs assessments, evidence-based practices, and programs that specifically address the needs of mentally ill and drug addicted offenders. 
 3.Participating courts shall submit a joint application on behalf of the court, county, and other local justice system partners that clearly details the initiative for which funding is sought; the associated staffing activities, programs, and services to be delivered by the partner organizations; and how the grant program will cover those costs. 
 4.In consultation with the California Department of Corrections and Rehabilitation and the Chief Probation Officers of California, the Judicial Council shall establish performance based outcome measures appropriate for each program including, but not limited to, the number of offenders participating in these programs who fail to appear, are revoked to county jail or state prison, or commit new crimes and are sentenced to county jail or state prison. Participating courts shall provide the required data, including individual offender level data, on a quarterly basis to the Judicial Council. 
 5.Annually, the Judicial Council shall report aggregate level data related to these programs to the Department of Finance and the Joint Legislative Budget Committee. The first report shall include information related to the establishment and operation of the grantee programs. The Judicial Council shall provide a report to the Joint Legislative Budget Committee and the Department of Finance that addresses the effectiveness of the programs based on the reports of the established outcome measures described in Provision 4 and the impact of the moneys appropriated pursuant to this act to enhance public safety and improve offender outcomes four years after the grants are awarded. Five percent of the funds shall be designated to the Judicial Council for the administration of the program, including the collection and analysis of data from the grantee courts, the California Department of Corrections and Rehabilitation, and local justice system partners; the provision of technical and legal assistance to the courts; and evaluation of the program. Funds appropriated in this item may bebegin insert encumbered andend insert expended until June 30, 2017, after which any unexpended funds shall revert to the General Fund. 

 

25begin insert

begin insertSEC. 50.end insert  

end insert

begin insertItem 5227-491 is added to Section 2.00 of the end insertbegin insertBudget
26Act of 2014
end insert
begin insert, to read:end insert

 

begin insert
begin insert

5227-491--Reappropriation, Board of State and Community Corrections. The balances of the appropriations provided in the following citations are reappropriated for the purpose provided for in those appropriations and shall be available for encumbrance of expenditure until June 30, 2016, except as noted below:

end insert
begin insert end insertbegin insert3259--Recidivism Reduction Fundend insertbegin insert end insert
begin insert end insertbegin insert(1)end insertbegin insertItem 5227-101-3259, Budget Act of 2014 (Chs. 25 and 663, Stats. 2014). The balance of the $900,000 appropriation to administer the mentally ill offender crime reduction grants, as provided in Chapter 26 of the Statutes of 2014, shall be available for encumbrance or expenditure until June 30, 2017.end insertbegin insert end insert
begin insert end insertbegin insert end insertbegin insert end insertbegin insert end insertbegin insert end insert
begin insert end insertbegin insert end insert
begin insert end insertbegin insert end insertbegin insert end insertbegin insert end insert
end insert

 

4begin insert

begin insertSEC. 51.end insert  

end insert
begin insert

The Legislature finds and declares that Section 45
5of this act, which adds Section 4023.7 to the Welfare and
6Institutions Code, imposes a limitation on the public’s right of
7access to the meetings of public bodies or the writings of public
8officials and agencies within the meaning of Section 3 of Article
9I of the California Constitution. Pursuant to that constitutional
10provision, the Legislature makes the following findings to
11demonstrate the interest protected by this limitation and the need
12for protecting that interest:

end insert
begin insert

13In order to protect patient confidentiality, it is necessary that
14the records prepared pursuant to this act be held as confidential
15and only disclosed pursuant to the requirements set forth in this
16act.

end insert
17begin insert

begin insertSEC. 52.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant
18to Section 6 of Article XIII B of the California Constitution for
19certain costs that may be incurred by a local agency or school
20district because, in that regard, this act creates a new crime or
21infraction, eliminates a crime or infraction, or changes the penalty
22for a crime or infraction, within the meaning of Section 17556 of
23the Government Code, or changes the definition of a crime within
24the meaning of Section 6 of Article XIII B of the California
25Constitution.

end insert
begin insert

26However, if the Commission on State Mandates determines that
27this act contains other costs mandated by the state, reimbursement
28to local agencies and school districts for those costs shall be made
29pursuant to Part 7 (commencing with Section 17500) of Division
304 of Title 2 of the Government Code.

end insert
31begin insert

begin insertSEC. 53.end insert  

end insert
begin insert

This act is a bill providing for appropriations related
32to the Budget Bill within the meaning of subdivision (e) of Section
3312 of Article IV of the California Constitution, has been identified
34as related to the budget in the Budget Bill, and shall take effect
35immediately.

end insert
begin delete
36

SECTION 1.  

It is the intent of the Legislature to enact statutory
37changes relating to the Budget Act of 2015.

end delete


O

    98