Amended in Assembly August 18, 2016

Amended in Assembly June 8, 2016

Amended in Assembly September 3, 2015

Amended in Senate June 2, 2015

Senate Bill No. 163

Introduced by Senator Hertzberg

February 4, 2015

An act to add Section begin delete 13557.5 to the Water Code, relating to water. end delete begin insert 1271.5 to the Penal Code, relating to bail. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 163, as amended, Hertzberg. begin delete Wastewater treatment: recycled water. end delete begin insert Bail: pretrial release. end insert

begin insert

Existing law provides for the procedure of approving and accepting bail, and issuing an order for the appearance and release of an arrested person. Existing law requires that bail be set in a fixed amount, as specified, and requires, in setting, reducing, or denying bail, a judge or magistrate to take into consideration the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at trial or at a hearing of the case. Under existing law, the magistrate or commissioner to whom the application is made is authorized to set bail in an amount that he or she deems sufficient to ensure the defendant’s appearance or to ensure the protection of a victim, or family member of a victim, of domestic violence, and to set bail on the terms and conditions that he or she, in his or her discretion, deems appropriate, or he or she may authorize the defendant’s release on his or her own recognizance.

end insert begin insert

This bill would require, notwithstanding any other law, and upon the appearance before a competent court or magistrate of a person charged with a criminal offense, the court or magistrate to hold a specified hearing and take one of several actions, including, among others, releasing the person on his or her own recognizance or upon execution of an unsecured appearance bond, unless the court or magistrate determines that release pursuant to that provision will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community. The bill would also require the court or magistrate, if the court determines that releasing the person on his or her own recognizance or upon execution of an unsecured appearance bond will not reasonably assure his or her appearance as required or will endanger the safety of any other person or the community, to order the pretrial release of the person subject to specified conditions. If the court or magistrate finds that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community, the court or magistrate shall order the detention of the person before trial, except as otherwise specified. The bill would require the court or magistrate to order the detention of the person for a period of not more than 10 days, and direct the district attorney to notify the appropriate court, probation or parole officer, or federal, state or local law enforcement official, if the court or magistrate determines the person may flee or pose a danger to any other person or the community and the person is, and was at the time the offense was committed, released pending trial, released pending imposition or execution of sentence, appeal of sentence or conviction, or completion of sentence, or on conditional release, probation, postrelease community supervision, or parole.

end insert begin delete

The California Constitution requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable and that the waste or unreasonable use or unreasonable method of use of water be prevented. Existing law declares that the use of potable domestic water for certain nonpotable uses is a waste or an unreasonable use of water if recycled water is available, as determined by the State Water Resources Control Board, and other requirements are met.

end delete begin delete

Under existing law, the state board and the 9 California regional water quality control boards prescribe waste discharge requirements in accordance with the federal national pollutant discharge elimination system (NPDES) permit program established by the federal Clean Water Act and the Porter-Cologne Water Quality Control Act.

end delete begin delete

This bill would declare that, except in compliance with the bill’s provisions, it is a waste and unreasonable use of water to discharge treated wastewater from an ocean or bay outfall, or for a water supplier or water replenishment district to not take treated wastewater made available for certain purposes. The bill would require the state board to promulgate regulations, on or before January 1, 2020, that would require each NPDES permitholder, on or before January 1, 2023, to submit to the state board the permitholder’s plans to achieve beneficial reuse, to the maximum extent possible, of treated wastewater that would otherwise be discharged through ocean or bay outfalls. The bill would require these regulations to require, on or before January 1, 2033, the beneficial reuse of at least 50% of treated wastewater that the NPDES permitholder would otherwise discharge though ocean or bay outfalls relative to the inflow to the treatment plant. The bill would require the regulations to provide operational and compliance flexibility, as specified. The bill would authorize the state board to convene an advisory group and to consider any other recommendations or testimony provided during the regulation adoption process. The bill would authorize the state board to adopt reasonable fees payable by a holder of an NPDES permit to recover costs incurred in administering these provisions.

end delete

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1271.5 is added to the end insert begin insert Penal Code end insert begin insert , to
read: end insert

begin insert

begin insert 1271.5. end insert   

(a) Notwithstanding any other law, upon the
appearance before a competent court or magistrate of a person
charged with a criminal offense, the court or magistrate shall hold
the hearing described in subdivision (f) and order that, pending
trial, the person be one of the following:

(1) Released on his or her own recognizance or upon execution
of an unsecured appearance bond, pursuant to subdivision (b).

(2) Released on a condition or combination of conditions,
pursuant to subdivision (c).

(3) Temporarily detained to permit revocation of conditional
release, probation, parole, or postrelease community supervision
pursuant to subdivision (d).

(4) Detained pursuant to subdivision (e).

(b) The court or magistrate shall order the pretrial release of
the person on his or her own recognizance, or upon execution of
an unsecured appearance bond in an amount specified by the
court, subject to the condition that the person not commit a federal,
state, or local crime during the period of release unless, after a
hearing held pursuant to subdivision (f), the court or magistrate
determines that release pursuant to this subdivision will not
reasonably assure the appearance of the person as required or
will endanger the safety of any other person or the community.

(c) (1) If, after a hearing held pursuant to subdivision (f), the
court or magistrate determines that the release described in
subdivision (b) will not reasonably assure the appearance of the
person as required or will endanger the safety of any other person
or the community, the court or magistrate shall order the pretrial
release of the person subject to both of the following:

(A) The condition that the person not commit a federal, state,
or local crime during the period of release.

(B) The least restrictive and reasonable additional condition,
or combination of conditions, that the court or magistrate
determines will reasonably assure the appearance of the person
as required and the safety of any other person and the community,
which may include the condition that the person do any of the
following:

(i) Remain in the custody of a designated person, who agrees
to assume supervision and to report any violation of a release
condition to the court or magistrate, if the designated person is
able reasonably to assure the court or magistrate that the person
charged with a criminal offense will appear as required and will
not pose a danger to the safety of any other person or the
community.

(ii) If the court or magistrate specifically finds on the record
that it is necessary to protect public safety, maintain employment,
or, if unemployed, actively seek employment.

(iii) If the court or magistrate specifically finds on the record
that it is necessary to protect public safety, maintain or commence
an educational program.

(iv) Abide by specified restrictions on personal associations,
place of abode, or travel.

(v) Avoid all contact with an alleged victim of the crime and
with a potential witness who may testify concerning the offense.

(vi) Report on a regular basis to a designated law enforcement
agency, pretrial services agency, or other agency.

(vii) Comply with a specified curfew.

(viii) Refrain from possessing a firearm, destructive device, or
other dangerous weapon.

(ix) Refrain from excessive use of alcohol, or any use of a
narcotic drug or other controlled substance, as defined in Section
11007 of the Health and Safety Code, without a prescription by a
licensed medical practitioner.

(x) If the court or magistrate specifically finds on the record
that it is necessary to protect public safety, undergo available
medical, psychological, or psychiatric treatment, including
treatment for drug or alcohol dependency, and remain in a
specified institution if required for that purpose.

(xi) Execute an agreement to forfeit upon failing to appear as
required, property of a sufficient unencumbered value, including
money, as is reasonably necessary to assure the appearance of
the person as required.

(xii) Execute a bail bond with solvent sureties, who will execute
an agreement to forfeit in an amount reasonably necessary to
assure appearance of the person as required. In determining the
amount required, the court or magistrate shall consider the
person’s ability to pay.

(xiii) Return to custody for specified hours following release
for employment, schooling, or other limited purposes.

(xiv) Satisfy any other condition that is reasonably necessary
to assure the appearance of the person as required and to assure
the safety of any other person and the community.

(2) In a case in which the defendant is charged with sexual
assault, as defined in paragraph (3) of subdivision (b) of Section
13750, of a minor or failure to register pursuant to Section 290,
release pursuant to this subdivision shall contain, at a minimum,
a condition of electronic monitoring and the conditions specified
in clauses (iv), (v), (vi), (vii), and (viii) of subparagraph (B) of
paragraph (1), if the imposition of those conditions is reasonable
and necessary to protect public safety in that case.

(3) The court or magistrate shall not impose a financial
condition to secure the pretrial detention of the person unless that
condition is required to assure the appearance of the person
pursuant to clause (xi) or (xii) of subparagraph (B) of paragraph
(1).

(4) The court or magistrate may, at any time, amend the order
to release a person pursuant to this subdivision to impose
additional or different conditions.

(d) (1) The court or magistrate shall order the detention of the
person, for a period of not more than 10 days, and direct the
district attorney to notify the appropriate court, probation or parole
officer, or federal, state, or local law enforcement official, if the
court or magistrate determines both of the following:

(A) The person is, and was at the time the offense was
committed, on any of the following:

(i) Release pending trial for a felony under federal, state, or
local law.

(ii) Release pending imposition or execution of sentence, appeal
of sentence or conviction, or completion of sentence, for any offense
under federal, state, or local law.

(iii) Conditional release, probation, postrelease community
supervision, or parole for any offense under federal, state, or local
law.

(B) The person may flee or pose a danger to any other person
or the community.

(2) If the official fails or declines to take the person into custody
during that period, the person shall be treated in accordance with
the other provisions of this section.

(e) If, after a hearing pursuant to subdivision (f), the court or
magistrate finds that no condition or combination of conditions
will reasonably assure the appearance of the person as required
and the safety of any other person and the community, the court
or magistrate shall order the detention of the person before trial,
except in cases in which bail is required pursuant to Section 12
or paragraph (3) of subdivision (f) of Section 28 of Article I of the
California Constitution, in which case the court or magistrate
shall set bail in accordance with other provisions of this chapter.

(f) (1) The court or magistrate shall hold a hearing to determine
if release on his or her own recognizance, release upon execution
of an unsecured appearance bond, or release with any condition
or combination of conditions described in paragraph (1) of
subdivision (c) will reasonably assure the appearance of such
person as required and the safety of any other person and the
community.

(2) (A) The hearing shall be held immediately upon the person’s
first appearance before the court or magistrate unless the person,
or the district attorney, seeks a continuance.

(B) A continuance on motion of the district attorney shall not
exceed three court days.

(3) At the hearing, the person has the right to be represented
by counsel, and, if financially unable to obtain adequate
representation, to have counsel appointed.

(4) The facts the court or magistrate uses to support a finding
described in subdivision (e) shall be stated on the record.

(5) The hearing may be reopened, before or after a
determination by the court or magistrate, at any time before trial
if the court or magistrate finds that information exists that was
not known to the movant at the time of the hearing and that
information has a material bearing on the issue whether there is
a condition or combination of conditions that will reasonably
assure the appearance of such person as required and the safety
of any other person and the community.

(g) Notwithstanding any other law, the court or magistrate shall,
in determining whether there is a condition or combination of
conditions that will reasonably assure the appearance of the person
as required and the safety of any other person and the community,
take into account the available information concerning all of the
following:

(1) The nature and circumstances of the offense charged,
including, but not limited to, whether the offense is a crime of
violence or involved a minor victim or a controlled substance,
firearm, explosive, or destructive device.

(2) The weight of the evidence against the person.

(3) The history and characteristics of the person, including both
the following:

(A) The person’s character, physical and mental condition,
family ties, employment, financial resources, length of residence
in the community, community ties, past conduct, history relating
to drug or alcohol abuse, criminal history, and record concerning
appearance at court proceedings.

(B) Whether, at the time of the current offense or arrest, the
person was on probation, postrelease community supervision,
parole, or other release pending trial, sentencing, appeal, or
completion of sentence for an offense under federal, state, or local
law.

(4) The nature and seriousness of the danger to any person or
the community that would be posed by the person’s release.

(h) An order issued pursuant to subdivision (b) or (c) shall
include a written statement that sets forth all the conditions to
which the person is subject, in a manner sufficiently clear and
specific to serve as a guide for the person’s conduct and all of the
following advisements:

(1) The penalties for violating a condition imposed in the order,
including the penalties for committing an offense while released
prior to trial.

(2) The consequences of violating a condition imposed in the
order, including the immediate issuance of a warrant for the
person’s arrest.

(3) Applicable penalties relating to intimidation of witnesses,
jurors, and officers of the court, obstruction of criminal
investigations, tampering with a witness, victim, or an informant,
and retaliating against a witness, victim, or an informant.

(i) A detention order issued pursuant to subdivision (e) shall
include written findings of fact and a written statement of the
reasons for the detention, direct that the person be committed to
a county jail separate, to the extent practicable, from persons
awaiting or serving sentences or being held in custody pending
appeal, and direct that the person be afforded reasonable
opportunity for private consultation with counsel.

(j) For purposes of this section, “unsecured appearance bond”
means an order to release a person upon his or her promise to
appear in court and his or her unsecured promise to pay an amount
of money, specified by the court using its discretion, if he or she
fails to appear as promised.

end insert

begin delete

SECTION 1.  

Section 13557.5 is added to the Water Code, to
read:

13557.5.  

(a) The Legislature hereby finds and declares that,
except in compliance with the provisions of this section, it is a
waste and unreasonable use of water within the meaning of Section
2 of Article X of the California Constitution to discharge treated
wastewater from an ocean or bay outfall, or for a water supplier
or water replenishment district to not take treated wastewater made
available to the supplier or district for groundwater recharge,
surface water augmentation, or landscape irrigation.

(b) On or before January 1, 2020, the state board shall
promulgate regulations to require both of the following:

(1) On or before January 1, 2023, each holder of an NPDES
permit to submit to the state board the permitholder’s plans to
achieve beneficial reuse, to the maximum extent possible, of treated
wastewater that would otherwise be discharged through ocean or
bay outfalls.

(2) On or before January 1, 2033, the beneficial reuse of at least
50 percent of treated wastewater that the NPDES permitholder
would otherwise discharge through ocean or bay outfalls relative
to the inflow to the treatment plant.

(c) The regulations promulgated pursuant to subdivision (b)
shall provide operational and compliance flexibility in the event
of an emergency, scheduled maintenance or repairs, extreme
weather events, or any other factor that the board determines
warrants consideration.

(d) In developing the regulations pursuant to subdivision (b),
the state board may convene an advisory group for the purpose of
preparing a report or recommendations to the state board about
how to implement this section and the state board may consider
any other recommendations or testimony provided during the
regulation adoption process.

(e) Consistent with Section 3 of Article XIII A of the California
Constitution, the state board may adopt reasonable fees payable
by a holder of an NPDES permit to recover costs incurred in
administering this section.

end delete